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Clearview Zoning By-law
Table of Contents
Clearview Township - Comprehensive Zoning By-law 06-54
Adopted by Council
October 23, 2006
Approved by Ontario Municipal Board
October 22, 2007
Consolidation Dates
March 16, 2011
April 15, 2011
May 27, 2011
January 1, 2012
January 1, 2013
January 1, 2014
July 16, 2015
December 5, 2017
November 20, 2019
January 25, 2021
September 1, 2021
August 4, 2022
July 14, 2023 (Save and except By-law 21-78)
January 8, 2025 (Save and except By-law 21-78 and By-law 24-80)
April 22, 2025 (Save and except By-law 21-78)
December 18, 2026 (Save and except By-law 21-78)
Index of Amendments to Zoning By-law 06-54
07-20
07-21
07-42
07-43
07-44
07-52
07-60
07-62
07-68
08-18
08-26
08-40
08-44
08-58
08-60
08-63
08-70
08-73
09-10
09-12
09-18
09-21
09-27
09-38
09-40
09-63
10-02
10-07
10-14
10-20
10-25
10-28
10-40
10-42
10-47
10-52
10-53
10-54
10-69
10-71
10-73
10-77
11-05
11-15
11-27
11-31
11-34
11-39
11-41
11-46
11-47
11-51
11-62
11-63
11-72
11-79
12-11
12-14
12-15
12-31
12-35
12-36
12-40
12-53
12-57
13-04
13-10
13-23
13-29
13-41
13-42
13-57
14-01
14-11
14-12
14-21
14-41
14-55
14-78
14-80
15-09
15-17
15-25
15-56
15-63
15-69
15-82
15-91
16-03
16-04
16-17
16-21
16-22
16-23
16-33
16-37
16-51
16-68
16-76
16-81
16-82
16-83
16-84
16-85
16-94
16-107
17-09
17-11
17-14
17-19
17-28
17-44
17-50
17-53
17-56
17-57
17-70
17-80
17-82
17-96
18-04
18-10
18-14
18-35
18-53
18-58
18-72
18-101
18-102
19-09
19-10
19-45
19-64
19-98
19-99
19-107
20-04
20-17
20-18
20-21
20-47
20-67
20-67
20-79
20-81
20-83
21-07
21-26
21-30
21-32
21-61
21-78 (Under
appeal)
21-102
21-118
22-08
22-26
22-34
22-37
22-42
22-43
22-44
22-45
22-51
22-55
22-58
22-61
22-63
22-74
22-84
22-85
22-86
23-03
23-16
23-20
23-40
23-56
23-64
23-70
23-83
23-84
23-96
23-97
23-111
24-002
24-020
24-024
24-069
24-84
25-30
25-43
25-51
25-61
BY-LAW 06-54
COMPREHENSIVE ZONING
BY-LAW
Clearview Township
ADOPTED BY COUNCIL
October 23, 2006
As Per: Fran Sainsbury Fran Sainsbury, Mayor
As Per: Robert Campbell Robert Campbell, Clerk
Clearview Zoning By-law
Table of Contents
Table of Contents
CLEARVIEW TOWNSHIP - COMPREHENSIVE ZONING BY-LAW 06-54
1
TABLE OF CONTENTS
1
1.0
INTERPRETATION & ADMINISTRATION
1
1.1
TITLE
1
1.2
BY-LAWS REPEALED
1
1.3
APPLICATION OF THE BY-LAW
1
1.4
ZONE EXCEPTIONS
1
1.5
HOLDING PROVISIONS
1
1.6
SEVERABILITY
2
1.7
COMPLIANCE WITH OTHER LEGISLATION
2
1.8
CERTAIN WORDS
2
1.9
ZONING SCHEDULES
2
1.10
SITE PLAN CONTROL
3
1.11
MULTIPLE USES OR ZONES ON ONE LOT
3
1.12
ZONE BOUNDARIES
3
1.13
INCORPORATION OF AMENDMENTS
3
1.14
ADMINISTRATION
4
2.0
GENERAL PROVISIONS
5
2.1
ABSOLUTE MINIMUM DEVELOPMENT STANDARDS - VACANT LOTS
5
2.2
FRONTAGE ON A PUBLIC STREET
5
2.3
MUNICIPAL SERVICING REQUIREMENTS
6
2.4
LEGAL NON-CONFORMING PROVISIONS
7
2.5
ACCESSORY DWELLING UNITS
9
2.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
10
2.7
ENCROACHMENTS INTO REQUIRED YARDS
12
Clearview Zoning By-law
Table of Contents
2.8
BACKYARD CHICKENS
14
2.9
BED & BREAKFAST ESTABLISHMENTS
14
2.10
DWELLING UNITS
15
2.11
GROUP HOMES
16
2.12
HOME OCCUPATIONS & INDUSTRIES
16
2.13
LANDSCAPING REQUIREMENTS
18
2.14
PARKING AND LOADING REQUIREMENTS
19
2.15
DESIGN OF PARKING AREAS & DRIVEWAYS
23
2.16
PARKING PROVIDED ON ADJACENT LOTS
26
2.17
HISTORIC DOWNTOWN PARKING & LOADING EXCEPTIONS
26
2.18
SHARED PARKING FACILITIES FOR INSTITUTIONAL FACILITIES
27
2.19
SHARED ENTRY REGISTERED ON TITLE
27
2.20
SIGHT TRIANGLES
27
2.21
QUEUING REQUIREMENTS
27
2.22
VEHICLE PARKING STANDARDS
28
2.23
MINIMUM DISTANCE SEPARATION
29
2.24
OUTDOOR DISPLAY AND SALES
29
2.25
OUTDOOR STORAGE
30
2.26
RESTAURANT PATIO PROVISIONS
31
2.27
RENEWABLE ENERGY FACILITIES
31
2.28
SETBACK FROM SLOPES
32
2.29
SETBACK FROM A RAILWAY
33
2.30
SETBACK FROM A COUNTY ROAD OR PROVINCIAL HIGHWAY
33
2.31
TEMPORARY USES
33
2.32
YARD AND GARAGE SALES & AUCTIONS
34
2.33
PUBLIC AND RECREATIONAL USES
34
2.34
USES PERMITTED IN ALL ZONES
34
2.35
USES PROHIBITED IN ALL ZONES
34
Clearview Zoning By-law
Table of Contents
3
ZONES AND ZONE PROVISIONS
37
3.1
AGRICULTURAL (AG)
37
3.2
AGRICULTURALLY RELATED INDUSTRIAL (AGI)
52
3.3
AGRICULTURALLY RELATED COMMERCIAL (AGC)
56
3.4
AGRICULTURAL BOARDING KENNEL (AGK)
65
3.5
RURAL (RU)
67
3.6
RURAL BOARDING KENNEL (RUK)
76
3.7
RESIDENTIAL ESTATE (RE)
77
3.8
RESIDENTIAL HAMLET (RS)
80
3.9
RESIDENTIAL LARGE LOT (RS1)
82
3.10
RESIDENTIAL LOW DENSITY (RS2)
84
3.11
RESIDENTIAL MULTIPLE LOW DENSITY (RS3)
88
3.12
RESIDENTIAL MEDIUM DENSITY (RS4)
95
3.13
RESIDENTIAL MULTIPLE MEDIUM DENSITY (RS5)
102
3.14
RESIDENTIAL HIGH DENSITY (RS6)
104
3.15
DEVELOPMENT AREA (DA)
115
3.16
INSTITUTIONAL (IN)
117
3.17
INSTITUTIONAL RESIDENTIAL 1 (INR1)
120
3.18
RECREATION LANDS (REC)
122
3.19
COMMERCIAL RECREATION LANDS (RECC)
124
3.20
GENERAL COMMERCIAL (C1)
126
3.21
COMMERCIAL TRANSITION 1 (CT1)
131
Clearview Zoning By-law
Table of Contents
3.22
COMMERCIAL TRANSITION 2 (CT2)
133
3.23
HIGHWAY COMMERCIAL (C2)
134
3.24
SERVICE COMMERCIAL (C3)
137
3.25
LARGE FORMAT COMMERCIAL (C4)
142
3.26
NEIGHBOURHOOD COMMERCIAL (C5)
146
3.27
RESTRICTED INDUSTRIAL (MR)
148
3.28
PRESTIGE INDUSTRIAL (MP)
156
3.29
GENERAL INDUSTRIAL (MG)
158
3.30
AIRPORT INDUSTRIAL (MA)
162
3.31
WASTE DISPOSAL INDUSTRIAL (MW)
167
3.32
WASTE DISPOSAL ASSESSMENT AREA (OVERLAY) (WDAA)
169
3.33
MINERAL AGGREGATE RESOURCE AREA (OVERLAY) (MARA)
170
3.34
ENVIRONMENTAL PROTECTION (EP)
171
3.35
STORMWATER MANAGEMENT FACILITIES (SM)
167
3.36
HAZARD LAND OVERLAY (FP)
168
3.37
HAZARD LAND SPECIAL POLICY (OVERLAY) (FPSP)
169
3.38
NIAGARA ESCARPMENT (NEC)
177
3.39
ARCHAEOLOGY ASSESSMENT OVERLAY (AR)
172
3.40 EXTRACTION INDUSTRIAL - ABOVE THE WATER TABLE (EX1)
179
3.41 DOWNTOWN COMMERCIAL/INDUSTRIAL (CM)
181
3.42
MINIMUM DISTANCE SEPARATION RESTRICTION OVERLAY (MDS)
176
3.43
EXTRACTIVE INDUSTRIAL (EX)
177
4.0
DEFINITIONS
186
1
Clearview Zoning By-law
Interpretation & Administration
1.0 INTERPRETATION & ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Township of Clearview Comprehensive
Zoning By-law" also referred to herein as the "Zoning By-law", or "this By-
law".
1.2
BY-LAWS REPEALED
From the date of the coming into force of this By-law, the former Town of
Creemore Zoning By-law 751, the former Township of Nottawasaga Zoning
By-laws 16-87 and 10-93, the former Town of Stayner Zoning By-law 11195
and the former Township of Sunnidale Zoning By-laws 1222 and 1553, and all
previous By-laws passed under Section 34 if the Planning Act, R.S.O. 1990, c.
P.13, as amended, or any predecessors thereof, are hereby repealed in their
entirety, including all sections, schedules, and amendments that apply to all
the lands subject to the aforementioned By-laws.
Note: Highlighted sentence in Section 0 is under appeal only with respect to
the request to add that new aggregate extraction proposals shall also be
subject to the former by-laws.
1.3
APPLICATION OF THE BY-LAW
No person shall within any area or Zone of the Township of Clearview use any
land, building, or structure, or subdivide any lands, except in conformity with
the provisions of this By-law.
No person shall within any area or Zone of the Township of Clearview cause a
building/structure or any part or parts thereof, or other structures to be
erected, raised, moved, placed, reconstructed, extended, enlarged, or altered,
except in conformity with the provisions of this By-law.
1.4
ZONE EXCEPTIONS
Where the Zone symbol, as shown on a Schedule to this By-law, is followed
by a dash and a number such as M1-1, then special provisions which may
establish use, regulatory, or provisional exceptions, apply to such lands in
addition to, or in place of, the normal Zone provisions. Lands zoned in this
manner shall be subject to all of the provisions, standards, and restrictions of
the Zone, except as otherwise provided by the special provisions. These
special provisions apply only to the lands to which such a Zone symbol is
shown to apply.
1.5
HOLDING PROVISIONS
Notwithstanding any other provision in this By-law, where a zone symbol is
followed by the letter (H), no person shall use the land to which the letter (H)
2
Clearview Zoning By-law
Interpretation & Administration
applies for any use other than the use which existed on the date this By-law
was passed or which is specifically established as a permitted use in
conjunction with the (H) symbol in this By-law, until the (H) is removed in
accordance with the policies of the Township of Clearview Official Plan and the
Planning Act, and in accordance with conditions established for the removal of
the (H) in this By-law or any amendment thereto. Conditions for removal are
set out in Schedule 'E'.
1.6
SEVERABILITY
If any section, clause, or provision of this By-law, including anything contained
in the Schedules attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of
this By-law as a whole or any part thereof, other than the section, clause, or
provision so declared to be invalid and it is hereby declared to be the intention
that all the remaining sections, clauses, or provisions of this By-law shall
remain in full force and effect until repealed.
1.7
COMPLIANCE WITH OTHER LEGISLATION
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other By-law of the Township of
Clearview, or the obligation to obtain any license, permit, authority, or
approval required under any by-law of the Municipality, or any other regulation
of the County of Simcoe, Province of Ontario, or Government of Canada that
may otherwise affect the use of land, buildings or structures.
In the event of conflict between this By-law and any general or special by-law,
this By-law shall prevail.
In the event of an inconsistency or conflict between two or more provisions,
standards, or requirements of this By-law, the more stringent restrictions shall
prevail.
1.8
CERTAIN WORDS
In this By-law, words used in the present tense include the future; words in
the singular include the plural; words in the plural include the singular; and
the words "used" and "occupied" shall where the context indicates be
interpreted to mean "intended, arranged or designed to be used or occupied";
the word "shall" is mandatory and no directory.
1.9
ZONING SCHEDULES
The land use Zones, which include overlay Zones and notations, for all lands
covered by this By-law are shown on zoning maps in Schedules "A" and "B" to
this By-law. Such schedules, with all notations, references, dimensions,
designations, and other necessary information shown thereon, are hereby
adopted and made part of this Zoning By-law. Such schedules may hereinafter
be referred to as, "Schedules", or "Zoning Schedules".
3
Clearview Zoning By-law
Interpretation & Administration
1.10 SITE PLAN CONTROL
The Township of Clearview is hereby designated as a Site Plan control area,
pursuant to Section 41 of the Planning Act.
1.11 MULTIPLE USES OR ZONES ON ONE LOT
Where a lot is divided into more than one Zone, each such portion of said lot
shall be considered separately for the purposes of determining permitted uses
and zone provisions and each such portion shall conform to the provisions of
the appropriate zone.
The greatest lot area requirement impacting a multi-zoned property shall
apply. The zone category situated along the front lot line shall determine the
minimum lot frontage requirement. Where there is a conflict in the application
of competing provisions the most stringent provision shall apply.
1.12 ZONE BOUNDARIES
The Zones and zone boundaries are shown on the Schedules to this By-law
which are attached to and form part of this By-law.
Unless the location of a zone boundary is specified by the dimensions on the
zoning map or interpretation is otherwise provided for herein, a zone boundary
which lies within a lot shall be fixed by the scale of the zoning map.
A zone boundary shown approximately at a lot line is deemed to be at the
boundary of the lot line.
A zone boundary shown approximately at the centre line of a right-of-way,
street, lane, other public thoroughfare, railway line, or transmission line, shall
be deemed to follow the centre line of the right-of-way, street, lane, other
public thoroughfare, railway line, or transmission line.
The corrections discussed above are considered to be matters of interpretation
of
the
By-law
with
technical
adjustments
made
being
considered
implementation
of
those
interpretations.
Such
corrections
are
not
amendments to this By-law.
Where a zone boundary is indicated as following the limits of a flood line or fill
line prepared by the Nottawasaga Valley Conservation Authority (NVCA),
where registered under the Conservation Authorities Act and approved by the
Township, the boundary shall follow such flood line or fill line, as may be
amended from time to time.
1.13 INCORPORATION OF AMENDMENTS
Amendments to this By-law, duly adopted by Council, may be incorporated
into a consolidated version of this By-law without the necessity of further
amendment to this By-law or formal adoption of the consolidated By-law.
4
Clearview Zoning By-law
Interpretation & Administration
1.14 ADMINISTRATION
The provisions of this By-law shall be administered by the Township of
Clearview municipal staff, as delegated by Council.
Clearview Zoning By-law
5
General Provisions
2.0 GENERAL PROVISIONS
2.1
ABSOLUTE MINIMUM DEVELOPMENT STANDARDS - VACANT
LOTS
Notwithstanding any provisions of this By-law to the contrary, no vacant lot
shall be developed or built upon and no new primary uses shall be established,
unless it meets all of the following criteria:
The lot fronts onto a public street, which is year-round maintained in
accordance with Section 2.2.
The lot meets the municipal servicing requirements outlined in Section 2.3.
The lot meets either the zone provisions or the requirement for legal non-
conforming lots for minimum lot frontage and area.
The lot has at least 5 m frontage within a fully-serviced settlement area
and at least 10 m frontage outside a fully-serviced settlement area.
The lot is adequately sized to contain proper private services, where
municipal services do not exist. Unless the pertinent zone specifically
allows for a smaller lot size with private services, the absolute minimum
lot size needed to contain a private well and septic system is 0.3 ha.
The lot meets the definition of a lot of record within Sec. 4.0.
2.2
FRONTAGE ON A PUBLIC STREET
Unless otherwise specified by this By-law, no person shall erect any building
or structure and no person shall use any building or structure unless:
a) The lot or parcel to be used, or upon which the building or structure is
situated, erected, or proposed to be erected, abuts, or fronts on a public
street, which is assumed by the Township or Responsible Road Authority
for maintenance purposes and is maintained by, and intended by, the
Township or the Responsible Road Authority for year-round travel; or,
b) Is being constructed pursuant to a Subdivision or Site Plan Agreement with
the Township, is maintained by and intended by the Township or the
Responsible Road Authority, or by another party under agreement with the
Township or the Responsible Road Authority, for year-round travel; and,
in either instance, the proposed access has received approval from the
Township or the Responsible Road Authority.
Notwithstanding these provisions, where development is occurring with an
approved Plan of Condominium which provides for access to and from all
development in the Plan in accordance with Township requirements specified
in the Plan of Condominium approval, then development within the Plan does
not require frontage on a public street for individual units within the Plan.
Where a zone provision establishes a minimum frontage requirement, the
primary access to the use must be to a public street as set out above, but
need not be in the frontage.
Clearview Zoning By-law
6
General Provisions
An access easement does not constitute frontage.
2.3
MUNICIPAL SERVICING REQUIREMENTS
2.3.1 Within Full Municipal Service Areas
In those areas deemed as being within full municipal service areas by the
Township, no permanent building or structure requiring potable water or
sewage disposal facilities shall be erected or utilized unless such buildings or
structures are served by a municipal water supply system and a municipal
sanitary sewage disposal facility.
2.3.2 Outside of Full Municipal Service Areas
In those areas deemed as being within partial municipal service areas
(municipal water only) by the Township, no permanent building or structure
requiring potable water shall be erected or utilized unless such buildings or
structures are served by a municipal water supply system.
2.3.3 Discharge Control Regulations for Clearview and Connections to
Wasaga Beach Sewers
a) All buildings, structure, or uses connected to municipal sewage collection
systems shall be required to comply with the municipality's sewer use by-
law, By-law 00-13, A By-law to Control Discharges to the Municipal Sewage
Works, as may be amended from time to time.
b) All buildings, structures, or uses connected to partnered sewage collection
system shall also be required to comply with the Town of Wasaga Beach
sewer use by-law, By-law 2010-62, as may be amended from time to time.
c) In areas which are serviced by the portion of the sewage collection system
through which effluent is directed to the Wasaga Beach Sewage Treatment
Plant, the following uses shall be prohibited on any land or in any building
or structure notwithstanding the permitted uses of the zone applying to such
lands:
i)
The manufacturing, processing, fabricating of, assembly of raw
materials or goods, warehousing or bulk storage of goods and related
accessory uses, where such a use would result in any discharge or
non-residential quality waste to the sewage collection system;
ii)
The breaking up, dismantling and separating into parts of any article,
machinery or vehicle where such use would result in any discharge of
non-residential quality waste to the sewage collection system;
iii)
The storage or treatment of waste materials as a non-incidental
activity;
iv)
The extraction or processing of sand, gravel, clay, turf, soil, rock,
stone or similar substances;
v)
The repair of any vehicle, equipment or machinery unless such use is
equipped with facilities to pre-treat any discharge so that such
discharge meets the requirement of By-law 00-13 A By-law to Control
Discharges to the Municipal Sewage Works, as may be amended from
time to time;
vi)
Any use which results in a discharge of fuel, hazardous industrial
waste, hazardous waste chemicals, ignitable substances, pathological
Clearview Zoning By-law
7
General Provisions
wastes, pesticides, waste disposal leachate, waste radioactive
prescribed substances, or reactive substances, each as defined in By-
law 00-13 A By-law to Control Discharges to the Municipal Sewage
Works, as may be amended from time to time; and
vii)
Any other industrial or commercial use where such use would result
in any discharge of non-residential quality waste to the sewage
collection system.
2.4
LEGAL NON-CONFORMING PROVISIONS
A legal non-conforming lot, use or building/structure is a non-conforming lot,
use or building/structure that was lawfully established. Lawfully established
means one of the following:
The use, building or structure was established in compliance with a
previous Zoning By-law of the Township or its amalgamated
Towns/Townships.
The use, building or structure pre-dates Zoning within the Township
or its amalgamated Towns/Townships.
The lot was established in compliance with a previous Zoning By-law
of the Township or its amalgamated Towns/Townships and meets the
definition of 'lot of record' in this By-law.
The lot pre-dates Zoning within the Township or its amalgamated
Towns/Townships and meets the definition of 'lot of record' in this
By-law.
Legal non-conforming status is applicable to a use no longer permitted in this
By-law so long as the use was lawfully established and continues to be used
for that purpose, without having ceased.
Nothing in this By-law shall apply to prevent the repair and maintenance of
any lot or building/structure that is legal non-conforming.
No legal non-conforming use shall be altered and no legal non-conforming
building or structure shall be enlarged or reconstructed except in accordance
with the provisions of this section.
2.4.1 Legal Non-conforming Lots
The following regulations apply to legal non-conforming lots, which are lawfully
established lots with insufficient area and/or frontage.
Nothing in this section shall apply to prevent the enlargement, reconstruction
or restoration of a permitted use or legal non-conforming buildings/structures
on legal non-conforming lots in accordance with the provisions of the pertinent
zone and general provisions of this By-law.
2.4.1.1 Vacant Legal Non-conforming Lots
No new use shall be established and no buildings or structures are permitted
to be erected on a vacant lot with insufficient lot area or frontage, unless:
a) The lot meets all of the Absolute Minimum Development Standards
outlined in Sec. 2.1 and all other provisions of this By-law.
Clearview Zoning By-law
8
General Provisions
b) The lot has at least 5 m frontage and is located within a fully-serviced
settlement area.
c) The lot has at least 10 m frontage and is located outside of a fully-serviced
settlement area.
A legal non-conforming vacant lot that is within a registered plan of subdivision
approved between 1994 and 2009 shall be permitted to contain new uses and
new buildings/structures in accordance with the pertinent zone and all other
provisions of this By-law.
2.4.1.2 Accessory dwelling units on Legal Non-conforming Lots
Where permitted, an accessory dwelling unit may be established on a lot with
insufficient area or frontage, but shall not be permitted:
On a lot having less than 5 m frontage inside of a fully-serviced
settlement area.
On a lot having less than 10 m of frontage outside of a fully-serviced
settlement area.
2.4.1.3 Accessory Buildings/Structures on Legal Non-conforming Lots
Where there is a permitted or legal non-conforming primary building,
accessory buildings and structures are permitted to be established on a legal
non-conforming lot regardless of the lot frontage or area, provided that:
The accessory building or structure meets the requirements of the
pertinent zone and the general provisions of this By-law for accessory
buildings and structures.
2.4.2 Legal Non-conforming Uses
A legal non-conforming use is not permitted to expand, except where
permission for expansion in gross floor area is granted by the Committee of
Adjustment.
Accessory buildings and structures are permitted to be erected in association
with a legal non-conforming residential use on a lot, provided that:
The accessory building or structure meets the requirements of the
pertinent zone and the general provisions of this By-law for accessory
buildings and structures.
2.4.3 Legal Non-conforming Buildings/Structures
The following regulations apply to the alteration of legal non-conforming
buildings and structures regardless of lot area and frontage.
2.4.3.1 Enlargement of Legal Non-conforming Buildings/Structures
A legal non-conforming building or structure may be enlarged, provided that
the addition itself complies with the regulations of the pertinent zone and other
applicable provisions of this By-law.
Clearview Zoning By-law
9
General Provisions
2.4.3.2 Reconstruction of Legal Non-conforming Buildings/Structures
A legal non-conforming building or structure may be purposefully demolished
and reconstructed either in part or in its entirety, or may be reconstructed
after partial or complete destruction by accident or catastrophe in accordance
with the pertinent zone and other applicable provisions of this By-law.
If compliance with this By-law cannot be achieved in some regard,
reconstruction may take place provided that:
a) The building/structure or portion thereof shall not be reconstructed
to exceed its legal non-conforming external dimensions, gross floor
area or height.
b) The reconstruction does not exceed the legal non-conforming
footprint of the original building/structure or portion thereof as it
existed prior to destruction/demolition.
2.4.4 Alteration of Existing Lots
A lot shall not be altered through consent or other means if the result of the
alteration would bring the lot into contravention of the By-law or worsen an
existing deficiency, in terms of lot area, frontage, setbacks, or coverage.
If a lot is altered through consent or other means and the result of the
alteration improves an existing deficiency, but does not result in compliance
with this By-law, the deficiency shall be recognized through minor variance or
amendment to this By-law.
No lot outside of a settlement area, other than a lot of record, shall be merged,
enlarged or altered as a means of meeting the minimum lot area and frontage
requirements of this By-law.
A vacant lot outside of a settlement area that is not considered a lot of record
shall not be developed regardless of lot frontage or area.
Notwithstanding this provision, a lot may be reduced in frontage or area by
expropriation, utility installation, road widening, or other necessary measure
taken by a public authority. A lot or building/structure setback that has been
altered by a necessary measure taken by a public authority shall be deemed
to comply with this By-law, regardless of any deficiencies caused by the
alteration.
2.4.5 Burden of Proof
Proof of legal non-conforming status must be provided by the owner.
2.5
ACCESSORY DWELLING UNITS
2.5.1 General Provisions for all Accessory Dwelling Units
Notwithstanding any other provisions of this By-law regarding the number of
dwelling units on a single lot, where an accessory dwelling unit is permitted in
a given zone, the following provisions shall apply:
a) In Residential, Rural and Agricultural Zones, an accessory dwelling unit
shall not exceed a habitable living space of 111 m².
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b) A basement, whether finished or unfinished, shall be included in the
calculation of habitable living space for the accessory dwelling.
c) The accessory dwelling unit shall have separate sanitary facilities and
kitchen facilities from the principal dwelling unit.
d) The accessory dwelling unit shall have a means of ingress and egress to
the outdoors that is separate from any means of ingress and egress for
the principle dwelling unit.
e) The accessory dwelling unit that is not a detached accessory dwelling unit,
shall be an integral part of the single detached dwelling and be designed
so as to maintain the general character of the dwelling and surrounding
neighbourhood and shall not alter any façade facing a street.
f) The accessory dwelling unit shall be provided with 1 parking space in
accordance with the parking provisions of this By-law.
g) No accessory dwelling unit shall be located, either wholly or in part, below
the flood elevation of the regional storm in the flood plain, unless located
in a flood fringes in a two zone area and dry flood-proofing measures are
utilized.
h) A new accessory dwelling unit shall not be permitted unless the Township
is satisfied that adequate services exist to support the accessory dwelling
unit, or an agreement has been entered into by the owner with the
Township to provide such services.
2.5.2 Detached Accessory Dwelling Units in Rural & Agricultural Zones
Where an accessory dwelling unit is permitted to be detached in a given zone,
the following provisions shall apply in addition to the provisions in Sec.2.5.1,
a detached accessory dwelling unit:
a) Shall be located no further than 50 m from the primary dwelling.
b) Shall only be permitted on a lot where there is no separate farm help
accommodation or attached accessory dwelling unit.
c) May occupy the entire accessory building.
d) Shall not be considered a surplus residence for the purposes of obtaining
a consent.
e) Shall not be severed from the primary dwelling by consent.
2.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
Where a use is permitted under the provisions of this By-law, accessory uses,
building and structures normally incidental and subordinate to the main use,
building or structure shall also be permitted.
Unless otherwise permitted, no accessory use may occur in the absence of a
primary use, and no detached accessory building or structure, other than a
fence, shall be erected on a lot prior to the erection of the main building on
the lot.
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Notwithstanding any provision to the contrary, accessory structures may be
permitted in any yard and shall not be subject to setback requirements.
2.6.1 Provisions for Accessory Buildings
2.6.1.1 No accessory building shall be located in the required front or exterior side
yard.
2.6.1.2 Other than in an Agricultural or Rural zone, no accessory building shall be
located closer to a front lot line or exterior side lot line than the front or exterior
side or wall of the primary building.
2.6.1.3 In the Agricultural and Rural zones, where the lot area is less than 2 ha in
area, accessory buildings, other than an accessory dwelling unit or farm help
accommodation, may be located 1.2 meters from the rear and interior side lot
lines provided the accessory building does not exceed one storey in height and
64 square meters in area.
2.6.1.4 In the Agricultural and Rural zones, where the lot area is less than 2 ha in
area, accessory buildings shall not exceed 200 square meters in area.
2.6.1.5 In the Agricultural and Rural zones, where the lot area is less than 2 ha in
area, agricultural buildings shall not be permitted.
2.6.1.6 In Residential zones, other than an Residential Estate zone, an accessory
building may be located 1.2 meters from the rear and interior side lot lines.
2.6.1.7 In Residential Estate zones, an accessory building may be located 1.8 meters
from the rear and interior side lot lines.
2.6.2 Coverage Calculations for Accessory Buildings & Structures
In addition to main buildings, the following accessory items shall be included
in the calculation of lot coverage:
Accessory buildings over 10 square meters in area
Above-ground swimming pools and hot tubs that protrude over 1.0 m
above the lowest finished grade surrounding the pool.
Porches.
Above-ground decks having platforms that protrude more than 0.6 m
above lowest finished grade surrounding the structure.
2.6.3 Swimming Pools & Hot Tubs
As accessory structures, swimming pools and hot tubs are permitted in all
zones in association with a residential use. The following provisions shall apply
to the placement of an above-ground or in-ground pool or hot tub:
a) A pool or hot tub shall not be located closer to a front lot line or exterior
side lot line than the front or exterior side or wall of the primary building.
b) A pool shall not be located closer than 1.8 metres to any
building/structure. A hot tub may abut a building/structure.
c) A pool or hot tub may encroach in a required rear yard to within 1.8 metres
of the rear lot line.
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d) In Agricultural, Rural and Estate Residential Zones, a pool or hot tub may
encroach into a required interior side yard to within 1.8 metres of the
interior side lot line.
e) In all other zones, a pool or hot tub shall comply with all other required
setbacks and regulations of the pertinent zone.
2.7
ENCROACHMENTS INTO REQUIRED YARDS
2.7.1
General Encroachments
Notwithstanding anything in this By-law to the contrary, the following items
may encroach into a required yard as follows:
Feature
Yards in which
the
Encroachment
is Permitted
Minimum Required Setback
or Maximum Permitted Projection
Architectural elements
(e.g., cornices, sills, cantilevered
window bays)
All yards
0.6 m projection into the required yard
Stairs and landings (sized maximum
1.2 m in width and depth) used to
access a building or an accessibility
ramp
All yards
0.6 m setback from the lot lines
Steps to a porch or deck
Front and exterior
side yard
1.5 m projecting into the required yard
Porches and decks having a height
less than 2.0 m above the lowest
finished grade (at all points around
the perimeter of the platform)
Rear yard
3.0 m from the rear lot line
Interior side yard
0.75 m from the interior side lot line
Roof eaves and balconies higher
than 2.0 m above finished grade
All yards
0.75 m setback from lot lines
Unenclosed fire escape and
necessary structural supports
All yards
1.2 m projection into the required yard
Mechanical Equipment
Front yard
4 m setback from the front lot line
Exterior side yard
3.0 m from the exterior side lot line
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Feature
Yards in which
the
Encroachment
is Permitted
Minimum Required Setback
or Maximum Permitted Projection
For single detached, semi-detached,
duplex's and townhouses
Interior side yard
1.2 m from the interior side lot line
Rear yard
3.0 m from the rear lot line
Window or through wall air
conditioner
All yards
0.5 m projecting into the required yard
Overhead utilities, wires or other
aerial appurtenances; fences,
hedges, landscaping materials;
uncovered open terraces or patios;
and, ponds, ornaments, flagpoles,
children's play equipment, permitted
signs or like landscaping amenities
All yards
No setback required
2.7.5 Fencing
In any Residential Zone, no fence may be erected at a height greater than 2.4
metres except for any portion of the fence that extends toward the street
beyond the foremost portion of the principal building on the site, which shall
be no greater than 1.2 metres in height.
In all other respects, fences shall comply with any specific by-law duly enacted
by the municipality governing fences.
2.7.6 Utility Roof Structures
A utility roof structure is for the primary purpose of containing elevators,
stairs, tanks, ventilation, window washing equipment, or equipment required
to service, maintain, or ventilate the building. The following provisions apply
to utility roof structures:
a) A utility roof structure may extend above the height limits of the
pertinent zone unless otherwise specifically addressed in this By-law.
b) A utility roof structure may not extend above the height limits of the
pertinent zone where such height extension may be deemed to
interfere with aerial flight/navigation.
c) A utility roof structure shall not be permitted to provide habitable or
additional usable floor space, other than for mechanical equipment
that must be located in such a manner.
d) A utility roof structure shall not occupy more than 30 percent of total
roof area.
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General Provisions
e) A utility roof structure shall not extend more than 5 m above the
main roof elevation of the building.
Nothing in this By-law shall apply to restrict the height of a place-of-worship
spire or steeple, or a flag pole provided that such buildings and structures
otherwise conform with this By-law.
2.8
BACKYARD CHICKENS
Notwithstanding where livestock farms are permitted in a given zone,
backyard chickens shall be permitted in any zone as an accessory to a single-
detached dwelling. Chicken coops and chicken manure storage shall be
considered accessory structures.
Coops and manure storage structures may be built together,
separately, or within an existing building/structure.
The coop and manure storage structure, exclusive of the outdoor
enclosure, shall not cumulatively exceed an area of 10 m2.
The following provisions shall apply to the placement of these structures:
Coops and manure storage structures shall not be located closer to a
front lot line or exterior side lot line than the front or exterior side or
wall of the primary building;
MDS shall not apply to backyard chicken uses;
Coops and manure storage structures shall be counted in lot coverage
calculations of the pertinent zone;
Coops are permitted to encroach to within 1.0 m of a rear or interior
side lot line; and
Manure storage structures are permitted to encroach to within 3.0 m
of a rear or interior side lot line.
2.9
BED & BREAKFAST ESTABLISHMENTS
Bed and Breakfast establishments, where permitted, shall be located in a
single detached dwelling unit; be an accessory use to a single detached
residential use; and, are restricted to a maximum of three (3) guest rooms
except for lots zoned Agricultural or Rural where a maximum of five (5) rooms
are permitted.
In addition to the zone provisions which apply, a Bed and Breakfast:
a) Shall clearly be a secondary and incidental use of the lot and principal
dwelling.
b) Shall be conducted entirely within the dwelling except for an
associated outdoor amenity area.
c) Where located within a settlement area, the outdoor amenity area for
guests shall be fully screened by a fence or landscaping screen so as
to limit disturbance to neighbours.
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d) Where located within a settlement area, the parking area for guests
shall be hard surfaced, shall not be located any closer than 3 metres
to a neighbouring property, and shall be screened from any adjacent
residential use with a landscaping screen or fence.
e) The parking spaces attributable to a guest use shall be designated
for the exclusive use of the guests and shall be so signed.
f) May include the serving of food to guests but shall not include in-
room meal preparation areas for guests, and shall not include serving
of meals, as a service, to any party other than the occupants of the
guest rooms.
g) Shall not be an exclusive use of a dwelling, and at least one bedroom
shall remain available on a full-time basis for the residents of the
dwelling.
h) That a bed and breakfast in not a short-term accommodation as
defined herein.
i) Shall be conducted by at least one of the residents of the dwelling
unit.
j) Shall be occupied by the owner or tenant at any times when guest
rooms are available to or occupied by the traveling public.
k) Shall not alter the residential character of the building or
neighbourhood as a consequence of alterations to the building
associated with, or required for the use, noise, or the frequency of
external contact.
l) Shall not employ more than one employee who is not a resident of
the dwelling unit.
m) Shall not involve the outdoor storage or display and shall have a
single sign of no greater than 0.5 metres in surface area.
2.10 DWELLING UNITS
2.10.1 A maximum of one (1) dwelling unit is permitted on a lot, except where
specifically permitted otherwise in this By-law.
2.10.2 Dwelling units shall have the following minimum dwelling unit areas:
a) Single detached dwellings 100m2
b) Semi-detached, linked and duplex dwellings 90m2
c) Townhouse, triplex, fourplex, fiveplex or sixplex dwelling units 80m2
d) All other dwelling units 37m2 plus 9m2 per bedroom
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2.11 GROUP HOMES
2.11.1
A group home shall be located within a single detached dwelling and is
permitted within the RS, RS1, RS2, RS3, RU and AG Zones.
2.11.2
A group home shall comply with the regulations of the applicable zone.
2.11.3
A maximum of one (1) group home is permitted on a lot.
2.11.4
The residential appearance and character of the dwelling shall be
maintained.
2.12 HOME OCCUPATIONS & INDUSTRIES
2.12.1 Home Occupations
Home occupations are accessory to a residential use, and are intended to
accommodate a practitioner or professional residing on the premises. Uses
that may be considered a home occupation include:
A professional, medical or business office (e.g., chiropractor, law
office).
A personal service shop (e.g., pet groomer, hairstylist).
An art/music studio (e.g., photography, piano).
A private home daycare.
A private tutor/instructor.
A home catering service preparing food to be consumed off-site.
A small electronic, appliance or computer repair.
Where a home occupation is permitted in a zone, the home occupation:
a) Shall clearly be a secondary and incidental to a permitted residential
use.
b) Shall be conducted either entirely within the primary dwelling and/or
an attached garage.
c) Shall be conducted by at least one of the residents of a dwelling unit
located on the same lot.
d) Shall not occupy more than twenty-five percent (25%) of the gross
floor area of the dwelling unit and attached garage.
e) Shall not occupy an area of more than 75 m2, including storage areas.
f) Shall not create a parking nuisance, noise, vibration, fumes, odour,
dust, glare, or radiation that is evident outside the building in which
the use occurs.
g) Shall not alter the residential character of the building or
neighbourhood as a consequence of alterations to the building
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associated with, or required for, the use or the frequency of external
contact.
h) Shall not employ more than one (1) employee who is not a resident
of the dwelling unit on the lot.
i) Shall not involve the outdoor storage or outdoor display of materials
or finished products.
j) Shall not involve the use or storage of hazardous substances in types
or quantities exceeding those normally found in a residential use.
k) Shall not involve the repair or maintenance of small engines, motor
vehicles, construction equipment or vehicles, or industrial equipment
or vehicles.
l) Shall not involve an occupation defined in this By-law as an adult
entertainment business.
m) Shall not involve a retail use or provide a retail space except
telephone or mail order sales of goods is permitted.
n) Shall not, other than on lands zoned Agricultural or Rural, require
receipt or delivery of merchandise, goods, or equipment by other
than intermittent delivery by a passenger motor vehicle or by parcel
or letter carrier mail service using motor vehicles typically employed
in residential deliveries.
o) Shall not include or involve any outdoor storage, display or retail
sales.
Notwithstanding the requirement for a home occupation to be conducted
entirely within a dwelling or accessory building, a private home daycare
facility may allow for an outdoor play or amenity area, which shall not be
counted as part of the size of the operation.
2.12.2 Home Industries
Home industries are accessory to a residential use, and are intended to
accommodate a single professional or tradesperson. Uses that may be
considered a home industry are limited to a trade business or a more
intensive home occupation requiring the use of an accessory building (e.g.,
woodworking).
Where a home industry is permitted in a zone, the home industry:
a) Shall clearly be secondary and incidental to a permitted residential
use.
b) Shall be conducted either entirely within a primary dwelling or an
accessory building thereto.
c) Shall be conducted by at least one of the residents of a dwelling unit
located on the same lot.
d) Shall not occupy more than twenty-five percent (25%) of the gross
floor area of the dwelling unit, more than 50 percent of the gross
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General Provisions
floor area of a detached accessory building, located within a detached
accessory building.
e) Shall not occupy an area of more than 95 m2, including storage areas.
f) Shall not create noise, vibration, fumes, odour, dust, glare, or
radiation which is evident outside the building in which the use
occurs.
g) Shall not employ more than one (1) employee who is not a resident
of the dwelling unit on the lot.
h) Shall not involve the use or storage of hazardous substances in types
or quantities exceeding those normally found in a residential use.
i) Shall not involve the repair or maintenance of motor vehicles,
construction equipment or vehicles, or industrial equipment or
vehicles, but may involve small engine repair outside of a settlement
area.
j) Shall not involve an occupation defined in this By-law as an adult
entertainment business.
k) Shall not involve a retail use or provide a retail space, except
telephone or mail order sales of goods is permitted.
l) Shall, other than on lands zoned Agricultural or Rural, not require
receipt or delivery of merchandise, goods, or equipment by other
than intermittent delivery by a passenger motor vehicle or by parcel
or letter carrier mail service using motor vehicles typically employed
in residential deliveries.
m)
Shall not include accessory outdoor storage, display or sales.
2.13 LANDSCAPING REQUIREMENTS
2.13.1 General Landscaping Requirements
Development shall trigger the provision of landscaping in accordance with
this By-law. Nothing in this By-law shall require the provision of a landscape
buffer or screen for a use that existed on the date of passing of this By-law
where no such requirement previously existed or applied to such a use.
Where a parking area contains 9 or more parking spaces, 1 tree shall be
planted for every 3 parking spaces provided.
2.13.2 Landscaping Screen Required
A 3.0 m wide landscape screen, with a mature height of at least 2.0 m, is
required along a lot line that meets any of the following criteria:
a) Where a commercial or industrial use or zone abuts a residential use
or zone.
b) Where a parking area contains 4 or more required spaces and abuts
a residential use or zone.
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c) Where a parking area, loading area, and/or waste collection area
serving an institutional or multiple-residential use or zone abuts a
residential use or zone.
d) Where an industrial or commercial outdoor storage areas abuts any
use, zone, or public street.
Notwithstanding the above, where the requirement to install a landscape
screen is triggered by a residential use in the AG or RU zone, a landscape
screen is not required unless the dwelling is located within 30 m of the
building, structure, parking/loading/waste collection area, or outdoor
storage area triggering the need for the landscape screen.
A 2.0 m high solid board or masonry fence may be used instead of or in
addition to a landscape screen where required. A 3.0 m wide landscape
buffer must accompany the fence, where a fence is used instead of a
landscape screen.
2.13.3 Screening of Dumpsters
Garbage and recycling dumpsters shall be screened from view by a solid
board or masonry fence enclosure and gate. The height of the enclosure
shall be a minimum of 2.0 m.
2.14
PARKING AND LOADING REQUIREMENTS
2.14.1 GENERAL PARKING AND LOADING PROVISIONS
2.14.1.1 Calculations Resulting in a Fraction
Where the minimum number of parking or loading spaces calculated results
in a fraction, the required number of spaces shall be rounded to the next
highest whole number.
2.14.1.2 Use of Required Spaces
Required loading spaces shall be used by operative, licensed vehicles for
the parking, loading, and unloading of goods or equipment.
Required parking spaces shall be dedicated and used exclusively by the
land, building or use that the required spaces are intended to serve. Spaces
may be dedicated to customers, specific tenants, practitioners, or other
designated user. Required parking spaces shall only be used for the parking
of operative, licensed vehicles.
Required parking and loading spaces shall not be used to park/store vehicles
or equipment intended for sale, rental or repair, nor shall they be used for
the storing of impounded, wrecked, or otherwise inoperable vehicles.
2.14.1.3 Multiple Uses
In the case of different or mixed uses on the same lot or within the same
building, the off-street parking calculation shall be determined as the sum
of the requirements for each use computed separately.
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Off-street parking spaces intended to serve one use shall not be considered
as providing required facilities for any other use.
2.14.1.4 Existing Insufficient Spaces & Snow Storage
When a building or structure has an insufficient number of parking and/or
loading spaces and/or snow storage to comply with the requirements of this
By-law at the date of its passing, this By-law shall not be construed to
require that additional spaces or snow storage be added to bring the existing
use or building into conformity with this By-law's parking, loading and snow
storage requirements.
However, no addition may be built, and no change of use may occur, the
effect of which would be an increase in that deficiency. For the purposes of
this section, existing spaces and snow storage areas may or may not have
been delineated and shall be considered as those areas in use for parking,
loading and snow storage purposes.
2.14.2 Number of Regular Spaces Required
No person shall use any land, building, or structure in any zone for any
purpose, unless parking and loading spaces are provided on the same lot in
accordance with the provisions of this By-law. The number of parking and
loading spaces required shall be calculated and provided for each use on a
lot in accordance with the standards set out in this section.
2.14.2.1 Residential Uses
Dwelling Unit
2 spaces
Accessory dwelling unit
1 space
Bed and Breakfast
Establishment
1 additional parking space per guest
room
2.14.2.2 Non-residential Uses
All commercial and industrial uses shall have:
Use
Parking Ratio
Adult Entertainment
4 parking spaces plus 1 space per 2 seats or 1 space per 5
m2 of gross floor area for uses not requiring seating
Art Gallery
1 parking space per 20 m2 of gross floor area
Assembly Hall
1 parking space per 3 occupants
Banquet Hall
1 parking space per 5 occupants
Bowling Alley
3 parking spaces for each bowling lane
Building Supply Outlet
1 parking space per 45 m2 of gross floor area
Business and Professional
Office
1 parking space per 10 m2 of gross floor area
Commercial Greenhouse
1 parking space per 45 m2 of gross floor area
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Use
Parking Ratio
Commercial School
3 parking spaces plus 1.25 additional parking spaces for
every classroom
Commercial Self-storage
Facility
1 parking space per 500 m2 of gross floor area
Community Centre
1 parking space per 5 m2 of gross floor area
Contractor's Yard
1 parking space per 45 m2 of gross floor area
Curling Rink
4 parking spaces for each curling sheet
Custom Workshop
1 parking space per 45 m2 of gross floor area
Data Processing Centre
1 parking space per 10 m2 of gross floor area
Day Care Centre
2 parking spaces per classroom
Dry Cleaning Distribution
Depot
1 parking space per 20 m2 of gross floor area
Dry Cleaning Establishment
1 parking space per 20 m2 of gross floor area
Equipment Sales and Rentals
1 parking space per 20 m2 of gross floor area
Farm Implement Dealer
1 parking space per 20 m2 of gross floor area
Farmers' Market
3 parking spaces per stall or booth
Financial Institution
1 parking space per 10 m2 of gross floor area
Fitness Centre
1 parking space per 10 m2 of gross floor area
Funeral Home
1 parking space per 10 m2 of gross floor area accessible to
the public
Golf Course
24 parking spaces per nine holes
Golf Driving Range
2 spaces plus 1 parking space per tee
Hotel
2 spaces plus 1 parking space per room
Industrial Use
2 spaces plus 1 parking space per 45 m2 of gross floor area
for the first 3,001 m2 and then 1 parking space per 100 m2
for the remaining gross floor area
Laundromat
1 parking space per 20 m2 of gross floor area
Library
1 parking space per 20 m2 of gross floor area
Medical Clinic
4 parking spaces per practitioner
Motel
2 spaces plus 1 parking space per room
Motor Vehicle Body Shop
1 parking space per 45 m2 of gross floor area
Motor Vehicle Repair
Establishment
1 parking space per 45 m2 of gross floor area
Museum
1 parking space per 20 m2 of gross floor area
Nursing or Assisted Care
Facility
0.5 staff parking spaces for every 3 residents of the facility
plus 0.5 visitor parking spaces for every 3 residents
Personal Service Shop
1 parking space per 10 m2 of gross floor area
Place of Entertainment
1 parking space per 10 m2 of gross floor area
Places of Worship
1 parking space for every 4 persons seating capacity in the
primary assembly area and 1 space per office and additional
parking spaces for any other use as listed as relevant uses
(e.g. if a classroom is provided the provision of 1.25 spaces
per classroom for a school use should be utilized)
Printing Establishment
1 parking space per 45 m2 of gross floor area
Private Club
1 parking space per 10 m2 of gross floor area
Recycling Establishment
1 parking space per 45 m2 of gross floor area
Research Laboratory
1 parking space per 45 m2 of gross floor area
Restaurant
1 space per 3 seats
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2.14.3 Number of Barrier-free Spaces Required
The total number of required parking spaces shall include barrier-free
parking spaces. The number of barrier-free parking spaces for non-
residential uses, and multi-residential uses with 4 or more dwelling units,
shall be provided in compliance with the following:
Total Number of Required
Parking Spaces
Minimum Number of Barrier-free
Parking Spaces Required
1 - 25
1 space
26 - 50
2 spaces
51 - 75
3 spaces
76 - 100
4 spaces
101 - 150
5 spaces
151 - 200
6 spaces
201 - 300
7 spaces
301 - 400
8 spaces
401 - 500
9 spaces
501 - 1,000
2% of total spaces required
1,001 and greater
20 plus, 1 for each additional 100
spaces
Restaurant, Take Out and
Drive Through
5 parking spaces per 20 m2 of gross floor area
Retail Store
1 space plus 1 parking space per 20 m2 of gross floor area
Retirement Home
1 space per unit plus 0.5 visitor parking spaces for every 3
units
Saw Mill or Planing Mill
1 parking space per 45 m2 of gross floor area
School
3 spaces plus 1.25 parking spaces per classroom for
elementary schools; 3 spaces plus 4.25 parking spaces per
classroom for secondary schools
Service Shop
1 parking space per 20 m2 of gross floor area
Theatre
1 parking space per 3 seats
Timeshare Establishment
1.5 parking spaces per timeshare unit
Transportation Terminal
1 parking space per 100 m2 of gross floor area for the first
5,000 m2 and then 1 parking space per 200 m2 of gross
floor area for any remaining gross floor area
Veterinary Clinic
3 parking spaces per practitioner
Warehouse
1 parking space per 100 m2 of gross floor area for the first
5,000 m2 and then 1 parking space per 200 m2 of gross
floor area for any remaining gross floor area
All other uses unless
specified
1 parking space per 10 m2 of gross floor area
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2.14.4 Number of Loading Spaces Required
Where any new development occurs or when any existing use is changed,
enlarged, or increased in capacity, off-street loading spaces shall be
provided.
Industrial and Commercial Uses
Number of Loading Spaces
Required
Sized 300 m2 GFA or less
1 space
Sized between 301 m2 and 2299 m2
GFA
2 spaces
Sized 2300 m2 GFA or greater
3 spaces
For every 1000 m2 above 2300 m2 GFA
1 additional space
Multi-unit Residential Uses
Number of Loading Spaces
Required
With 9 or fewer dwelling units
No spaces
With 10 to 29 dwellings units
1 space
For every 30 dwelling units above the
first 30 dwelling units
1 additional space
Institutional Uses
Number of Loading Spaces
Required
With 29 or fewer occupants
No spaces
With 30 to 119 occupants
1 space
For every 120 occupants above the
first 120 occupants
1 additional space
2.15
DESIGN OF PARKING AREAS & DRIVEWAYS
The following design criteria shall apply to all parking areas.
2.15.1 Size of Required Spaces, Aisle Widths, Driveway Widths
Minimum Parking Space Size
3 m wide and 6 m long
Minimum Barrier-free Parking Space Size
4.6 m wide and 6m long
Minimum Loading Space Size
3.5 m wide and 9 m long
Minimum Parking/Loading Vertical
Clearance
4 m high
Minimum Aisle Width
7 m
Maximum Driveway Width
9 m
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General Provisions
2.15.2 Number of Driveways Permitted
There shall be no more than one driveway to a public street per lot in a
settlement area that contains a single-detached, semi-detached, duplex or
townhouse dwelling, other than a condominium development.
There shall be no more than two driveways to a public street per lot outside
a settlement area provided that:
a) the driveways on the same lot are separated by 50 meters from one
another;
b) The other provisions of this By-law are met; and,
c) Approval by the responsible road authority is obtained.
2.15.3 Permitted Locations of Driveways
No driveway shall be located within 9.0 m of the intersection of the front lot
line and the exterior side lot line on a corner lot.
No driveway shall be located closer than 1.0 m to any lot line except for a
shared driveway, and with the exception that the access to the parking area
may cross a lot line.
2.15.4 Permitted Locations for Parking Areas
All parking areas shall be setback a minimum of 1.0 m from interior side
and rear lot lines in all zones.
Parking areas, whether temporary or permanent, serving single-detached,
semi-detached, duplex and townhouse dwellings shall:
a) Not be located on the landscaped open space portion of a front yard
and/or side yard.
b) For single detached, semi-detached and duplex dwellings, not be
wider than 40% of the lot frontage, as defined, and not more than
45% of the coverage of the total area of the front yard.
c) For townhouse dwellings, not be wider than 50% of the frontage of
the townhouse dwelling and not more than 50% of the coverage of
the total area of the front yard.
d) Shall not exceed a width of 9 meters at any point.
2.15.5 Permitted Locations for Loading Spaces
Loading spaces must be located to the rear of the front wall of the main
building and on the same lot as the use, or combination of uses, requiring
the loading spaces.
Loading spaces shall be setback a minimum distance of 10.0 metres from
any residential zone boundary or a residential use lot line, other than
residential uses that are located within a commercial or industrial building
or that require the provision of a loading space.
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General Provisions
Loading spaces shall be located no closer than 1.0 m to any lot line in non-
residential zones with the exception that the access to the loading space
may cross a lot line.
2.15.6 Requirement for Parking Area Finishing
Except for parking areas serving single-detached, semi-detached, duplex
and townhouse dwellings:
Parking areas shall be fully equipped with curbing, wheel stops, or
other devices, to prevent vehicles from being parked or driven into
required yards, into adjacent buildings or structures, or onto
landscaped open space.
Individual parking and loading spaces shall be appropriately marked,
using high contrast line painting or masonry delineation. Parking and
loading spaces not provided on a hard surface must be delineated by
individual curb stops, barriers, or another similar device.
2.15.6.1 Parking Areas within Settlement Areas
Within a settlement area, all parking areas must be constructed with a hard
surface. This requirement applies to all uses, including single-detached,
semi-detached, duplex and townhouse dwellings.
2.15.6.2 Parking Areas outside of Settlement Areas
Outside of a settlement area, parking areas are permitted to be constructed
of gravel or crushed stone.
Except for parking areas serving single-detached, semi-detached, duplex
and townhouse dwellings, the following shall apply to parking areas outside
of settlement areas:
All entrances must be constructed to match the surfacing of the
fronting road. If the fronting road is hard surfaced, then the entrance
shall be hard surfaced from the road's edge extending 2.0 m into the
development lands.
Any portion of a parking area located within 30 m of a residential use
lot line or zone boundary shall be constructed with a hard surface.
2.15.7 Parking Area Snow Storage
An area equal to twenty percent (20%) of a parking area for four (4) or
more vehicles shall be identified on site and used for snow storage. The
snow storage area must be located in a landscaped open space area or other
area not dedicated to another use or feature.
Notwithstanding this requirement, where sufficient lot area cannot be
allocated on site for snow storage, a development agreement can be used
to account for a snow storage area deficiency of up to twenty-five percent
(25%) by establishing the requirement that surplus snow be trucked off-
site, without the need to amend this By-law. A development agreement
alone cannot be used to account for a snow storage area deficiency of
greater than twenty-five percent (25%).
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General Provisions
2.15.8 Illumination of Parking Areas
All parking areas shall be adequately illuminated during the hours of use.
Lighting fixtures shall be arranged so that no part of any fixture shall be
more than 8 metres above the finished grade. Fixtures shall be dark-sky
compliant, and shall be directed away from adjacent residential uses.
2.16
PARKING PROVIDED ON ADJACENT LOTS
Up to fifty percent (50%) of the off-street parking spaces required of a non-
residential principal use may be located on a lot other than a lot on which
the principal use is located, provided that:
the area lies within 150 m of the principal use; and
the spaces are secured through an easement registered on title of the
lands.
The easement shall be a permanent easement although it may contain a
clause allowing for modification or termination upon the removal of the use
and building requiring the parking spaces with the written consent of the
Township.
Parking spaces required for accessory residential uses must be provided on-
site.
2.17 HISTORIC DOWNTOWN PARKING & LOADING EXCEPTIONS
Notwithstanding the parking and loading space and snow storage
requirements of this By-law, in the Historic Downtown Commercial Areas,
identified in Schedule "C" to this By-law, the amount of parking and loading
space and snow storage required for any commercial use of the existing
commercial gross floor area shall be equivalent to the amount of parking and
loading space provided, or available, on the lot at the time of adoption of this
By-law.
The parking requirement for any accessory dwelling units existing at the time
of this By-law shall be equivalent to that provided, or available, on the lot at
the time of adoption of this By-law.
Any new residential use accessory to a commercial use shall be required to
provide a minimum of 2 parking spaces per dwelling unit on the same lot.
Existing commercial uses and commercial reconstructions may expand the
total gross floor area devoted to commercial uses by up to thirty percent
(30%) without a requirement to provide additional parking or loading spaces.
Any increase exceeding this threshold shall require the provision of additional
parking and loading spaces in accordance with the parking requirement
provisions of this By-law. Where this is not feasible, the owner may pay cash-
in-lieu to the Township in accordance with the procedures and fees in effect at
the time of expansion.
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General Provisions
2.18 SHARED PARKING FACILITIES FOR INSTITUTIONAL FACILITIES
Parking spaces shall be reserved for the sole use of the occupants and visitors
of the building or lot which the parking spaces serve, provided that no more
than fifty percent (50%) of the parking space requirement for places of public
assembly may be satisfied by obtaining the right to use the parking spaces of
business establishments whose buildings or lots are not in use at or during the
time of public assembly and whose parking spaces lie within 100 metres of the
place of the public assembly. Such right to use must be established on title for
the life of the use and shall be subject to an agreement entered into, with and
to the satisfaction of the Township.
2.19 SHARED ENTRY REGISTERED ON TITLE
In Commercial and Industrial Zones, the required lane for entrance and exit
and required aisles may be shared provided that rights-of-way are registered
on title and such shared entrances are approved by the Township through site
plan control. The Township may also require a shared entry, or provision
therefore, to be provided as a component of a development approval
regardless of whether such entry is immediately required.
2.20 SIGHT TRIANGLES
The following items are prohibited within a designated sight triangle:
A building or structure.
A fence or tree, hedge, bush, or other vegetation, the top of which
exceeds 0.5 metres in height above the elevation of the centerline of the
adjacent street.
A parking area.
Where a building, structure, parking area, vegetation or other appurtenance
is existing and the requirement for a sight triangle is subsequently established,
arrangements must be made to the satisfaction of the Responsible Road
Authority regarding the requirement to remove or ability to retain items not in
compliance with the sight triangle requirements of this By-law and/or said
authority.
2.21 QUEUING REQUIREMENTS
The following provisions shall apply to commercial drive-through facilities and
shall not apply to industrial loading areas such as those associated with asphalt
plants, concrete batching plants and industrial vehicle weigh scales.
Adjacent residential uses shall be screened from inappropriate noise from
idling vehicles, audio equipment, or mechanical equipment through the use of
physical sound barriers.
Number of On-Site Stacking
Spaces Required
Drive-thru Restaurant: Minimum 10 spaces
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General Provisions
Motor Vehicle Wash Facility: Minimum 2 spaces per
wash bay
All Other Uses: Minimum 5 spaces
Stacking Space Size
Each car space shall be a minimum of 2.5 metres
wide by 5.5 metres long.
Use Separations
A stacking lane shall be setback:
5.0 m from adjacent residential use lot lines
or zone boundaries.
3.0 m from adjacent street lines and lot lines
or zone boundaries for all other uses.
2.22 VEHICLE PARKING STANDARDS
These provisions of this Section shall not apply to prevent the parking of
operable and licensed farm vehicles used in accordance with normal farm
practices for a bone-fide farm operation in the Rural and Agricultural zones.
2.22.1 General Vehicle Parking Standards
Where outdoor storage or outdoor display and sales are permitted as part
of a permitted use or as a primary use in a given zone, vehicles may be
parked/stored as part of these uses in accordance with the provisions
governing outdoor storage and outdoor display and sales and shall meet all
other provisions of this By-law.
Required parking and loading spaces shall not be used to park/store vehicles
or equipment intended for sale, rental or repair, nor shall they be used for
the storing of impounded, wrecked, or otherwise inoperable vehicles.
2.22.2 Commercial Vehicle Parking Standards
Other than for the occasional temporary purposes of delivering a product or
service to the owner or occupant of a lot, the parking of commercial vehicles
in excess of 3,000 kilograms gross vehicle weight or in a medium or heavy
duty class, is prohibited as an accessory to a residential use. This includes
parking on lots as well as Township roads.
In Rural and Agricultural zones, a maximum of one (1) school bus or other
commercial vehicle in excess of 3,000 kilograms gross vehicle weight or in
a medium or heavy duty class is permitted to be parked on a lot as an
accessory use to a single-detached dwelling provided the vehicle is driven
or owned by an occupant of the dwelling unit and is licensed and operable.
In this context, a parked commercial vehicle shall be required to meet the
regulations of an accessory building, except that it shall be allowed to be
located in a parking space.
2.22.3 Recreational Vehicle Parking Standards
A maximum of two (2) recreational vehicles are permitted to be parked
outside on a lot as an accessory to a residential use, provided the
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General Provisions
recreational vehicles are licensed, operable and are owned by an occupant
of the dwelling unit.
A parked recreational vehicle shall be required to meet the regulations of
an accessory building, except that it shall be allowed to be located in a
parking space.
2.22.4 Personal Vehicle Parking Standards
A maximum of four (4) vehicles per dwelling with a maximum of two (2)
additional vehicles for any accessory dwelling unit may be regularly parked
outside on a residential lot that is occupied by a dwelling unit. Any vehicles
regularly parked on a residential lot shall be owned by an occupant of the
dwelling(s) on the lot, and shall be licensed and operable.
This limitation incorporates parking spaces required for a home occupation,
home industry, and home daycare but does not limit the number of parking
spaces for a bed and breakfast where the total number of spaces that may
be provided for a dwelling is a maximum of six (6) spaces.
2.23
MINIMUM DISTANCE SEPARATION
All development outside of a settlement area shall comply with the Minimum
Distance Separation (MDS) Document (Publication 853).
For clarity, the following provisions shall apply to development outside of
settlement areas where the MDS Document has allowed for optional
application of MDS requirements:
a) MDS I setbacks are required for new dwellings on all lots, regardless
of the lot creation date. Where the MDS setback cannot be met, a
dwelling may be permitted through the approval of a minor variance
provided that the dwelling be located as close in conformity with the
MDS setback requirement as possible.
b) For a proposed severance of a residence surplus to a farming
operation, an MDS I setback is not required where the existing
dwelling to be severed and the nearby livestock facility or anaerobic
digester are located on separate lots prior to the consent.
c) MDS I and II setbacks are not required between first or altered
livestock facilities or anaerobic digesters and commercial and
industrial uses permitted within the AGI and AGC zones.
d) Inactive cemeteries and active cemeteries outside of a settlement
area shall be considered Type A land uses for the purposes of
calculating MDS II setbacks for first or altered livestock facilities or
anaerobic digesters.
2.24
OUTDOOR DISPLAY AND SALES
Where primary or accessory outdoor display and sales are permitted, the
following provisions shall apply unless otherwise indicated in this By-law.
An area devoted to outdoor display and sales shall:
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General Provisions
a) Be permitted to encroach into a required front or exterior side yard,
but shall not be situated closer than 6.0 m to the front or exterior
side lot line.
b) Be permitted to encroach into a required rear or interior side yard,
but shall not be situated closer than 3.0 m to a rear or interior side
lot line.
c) Be permitted to a total lot area dedicated to outdoor display and sales
as follows:
Accessory outdoor display and sales area(s) shall not be sized any
greater than ten percent (10%) of the total ground floor area of
the primary buildings on the lot.
Primary outdoor display and sales area(s) shall be sized in
accordance with the limitations imposed by the maximum lot
coverage of the pertinent zone.
d) Meet all other provisions of the pertinent zone, including height and
lot coverage.
e) Be located in area(s) dedicated to outdoor display and sales, and shall
not encumber or encroach into any required parking area, required
landscape buffers or screens, or any other required feature or area.
2.24.1 Outdoor Display and Sales of Barbeque Propane Tanks
A barbeque-type propane gas cylinder (no greater than 9.5 kilograms in
weight and intended for residential use) display, sales, or exchange cage
shall only be permitted as an accessory to industrial and commercial uses.
A barbeque propane tank storage and display structure shall:
a) Have a minimum setback of 15 metres from a residential zone
boundary or residential use lot line.
b) Not interfere with pedestrian or vehicular access and be protected
from vehicles by bollards or similar.
c) Comply with all other provisions of this By-law and Provincial
legislation, regulations and standards. In the instance of a conflict
between provisions, the greater, more restrictive requirement shall
apply.
2.25
OUTDOOR STORAGE
Where primary or accessory outdoor storage is permitted, the following
provisions shall apply unless otherwise indicated in this By-law.
An area devoted to outdoor storage shall:
a) Not be located closer to a front or exterior side lot line than the front
or exterior side wall of a primary building on the lot.
b) Meet all provisions of the pertinent zone, including setbacks, height
and lot coverage.
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General Provisions
c) Be permitted to a total lot area dedicated to outdoor storage as
follows:
Accessory outdoor storage area(s) shall not be sized any greater
than twenty percent (20%) of the total ground floor area of the
primary buildings on the lot.
Primary outdoor storage area(s) shall be sized in accordance with
the limitations imposed by the maximum lot coverage of the
pertinent zone.
d) Be located in area(s) dedicated to outdoor storage, and shall not
encumber or encroach into any required parking area, required
landscape buffers or screens, or any other required feature or area.
e) Be fully screened in accordance with the landscaping provisions of
this By-law.
The provisions of this section do not apply to agricultural outdoor storage
conducted in accordance with normal farm practices for a bone-fide farm
operation.
In addition to the provisions of this section, where outdoor storage involves
permitted moving containers, the containers shall not be stacked.
2.26
RESTAURANT PATIO PROVISIONS
A restaurant patio shall be temporary or seasonal and shall be permitted as
an accessory to a primary commercial use.
a) A restaurant patio shall not exceed thirty five percent (35%) of the
gross floor area of the restaurant to which it is accessory.
b) A restaurant patio abutting or within 3.0 m of a public right-of-way
shall have a floor or deck area no greater than 1.0 m above ground
level.
c) No additional parking is required for a temporary or seasonal patio
with 12 seats or less.
d) A restaurant patio shall be setback 10 m from a residential zone
and any ground floor residential use.
2.27
RENEWABLE ENERGY FACILITIES
For the purposes of this By-law, renewable energy facilities shall be solar
and wind energy based facilities. Any other type of facilities shall only be
permitted through adoption of a comprehensive amendment to this By-law.
A solar based energy system intended to serve an individual building or
group of buildings on a single property shall be considered to be part of the
structural and mechanical components of such a building or group of
buildings and shall be subject to the applicable provisions, including
maximum height, on this basis. Where not part of, or attached to a building,
such facilities shall be considered to be accessory structures and shall be
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General Provisions
subject to the provisions applying to accessory structures including
applicable general provisions and zone provisions.
Where a solar based energy system is intended to serve more than one
property such a use shall only be permitted through adoption of a
comprehensive amendment to this By-law.
A wind based energy system with rotors located more than 12 metres above
grade intended to serve an individual property shall only be permitted where
the following provisions are complied with:
a) The lot area is greater than 2 ha;
b) The tower, turbine, and turbine blades shall not exceed a cumulative
height of 30 m;
c) The facility shall be located a minimum of 1.25 times the total height
of the facility from the nearest lot line; and,
d) The facility shall be operated and maintained in good working order
so as not to cause a hazard or annoyance to neighbouring property
owners.
Where rotors are located less than 12 metres above grade, the facility shall
be considered to be part of the normal fixtures of the building on a basis
similar to, and in accordance with, the same requirements as a solar energy
collection system serving a single property. The facility shall be operated
and maintained in good working order so as not to cause a hazard or
annoyance to neighbouring property owners.
A wind energy facility intended to serve more than one property shall only
be permitted where the following provisions are complied with:
a) The adoption of a comprehensive amendment to this By-law;
b) Minimum setback from an on-site dwelling shall be equal to the height
of facility;
c) Minimum setback from an off-site dwelling, institutional use,
recreational building, or campground or trailer park shall be the height
of the facility plus 350 metres;
d) Minimum setback from an Environmental Protection Area shall be
equal to the height of the facility;
e) Minimum setback from a street shall be equal to the height of the
facility; and,
f) Minimum lot area shall be 20 ha.
2.28
SETBACK FROM SLOPES
No building or structure shall be located closer than 15 m from the top or
toe of a slope having a grade of 3:1 or steeper.
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General Provisions
2.29
SETBACK FROM A RAILWAY
No dwelling shall be erected closer than 30.0 m from the property boundary
of an existing or proposed rail line right-of-way.
2.30
SETBACK FROM A COUNTY ROAD OR PROVINCIAL HIGHWAY
2.30.1 County Roads
In addition to those setbacks required under this Zoning By-law, where a
lot abuts a road under the jurisdiction of the County of Simcoe, the setbacks
required by the County of Simcoe shall also apply.
2.30.2 Provincial Highways
In addition to those setbacks required under this Zoning By-law, where a
lot abuts a provincial highway, the setbacks required by the Ministry of
Transportation shall also apply.
2.31 TEMPORARY USES
Nothing in this By-law shall prevent temporary structures requiring building
permits, such as tents, erected for special occasions and holidays by individual
landowners for their own use (which shall include use by social guests)
provided only that no such use remains in place more than seven (7)
consecutive days, and on no more than three (3) separate occasions per year,
and provided that such structures comply with the provisions of the zone other
than that coverage may be temporarily exceeded.
Nothing in this By-law shall prevent the occupation of an existing dwelling or
travel trailer/motorhome on a property while a second dwelling is being
constructed, as long as the owner has entered into an agreement with the
Municipality, which provides that no more than one dwelling will be occupied
at a time and which establishes requirements, including site rehabilitation and
securities, for the removal or conversion to a non-residential uses of the
existing dwelling upon occupation of the new dwelling, or for the removal of
unfinished construction within a specified timeframe.
Notwithstanding the permitted uses of this By-law, the temporary provision of
a model home or residential sales office is permitted on the draft plan lands
regardless of the zone, as long as the owner has entered into an agreement
with the Municipality. Each model home and/or sales office shall provide a
minimum of four (4) parking spaces.
Nothing in this By-law shall prevent the temporary storage of a moving
container accessory to a residential use for the purpose of moving services for
a period not exceeding 5 days in any 10-consecutive month period.
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General Provisions
2.32 YARD AND GARAGE SALES & AUCTIONS
Yard and garage sales are permitted as an accessory use in all Residential
Zones and in association with any residential use. Yard and garage sales shall
include outside storage and display only during the permitted period of the
yard or garage sale. Yard and garage sale accessory uses shall be limited to
no more than four (4) occurrences per year. Each occurrence shall be limited
to a period no greater than seventy-two (72) hours in duration.
Auction sales are permitted as an accessory use in all zones. Auction sales
may include outside storage and display only during the permitted period of
the auction sale. Auction sales shall be limited to no more than four (4)
occurrences per year. Each occurrence shall be limited to a period no greater
than seventy-two (72) hours in duration.
These limitations shall in no way be applied to any auction or sales activity
where the lands are zoned to permit a commercial use and the auction or sales
activity is associated with, and a normal activity of, the commercially zoned
establishment.
2.33
PUBLIC AND RECREATIONAL USES
2.33.1
The requirements and provisions of this By-law shall not apply to prevent
the use of any land, building or structure for any public use as defined by
this By-law.
2.33.2
Where the public use involves a building, the building shall be subject to the
applicable general and zone provisions of this By-law.
2.34
USES PERMITTED IN ALL ZONES
Uses permitted in all zones include:
Conservation uses, including forestry conducted in accordance with
good forestry practices, and other activities connected with the
conservation of soil and wildlife.
Areas for informal walking, horseback riding, cross-country skiing,
and passive recreational use.
Public uses.
Archaeological activities.
Where the use involves a building, the building shall be subject to the
applicable general and zone provisions of this By-law.
2.35
USES PROHIBITED IN ALL ZONES
Any use which is not a permitted use in accordance with this By-law is a
prohibited use.
Unless specifically permitted in a given zone or in a general provision of this
By-law, the following uses are prohibited within the corporate limits of the
Township of Clearview:
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General Provisions
a)
Any use that is not specifically defined and listed in the permitted
uses of a zone or permitted by the General Provisions of this By-
law shall not be permitted in that zone.
b)
Hotels, inns, motels, and recreational vehicles used as a
permanent residence.
c)
Short-term accommodation uses.
d)
The use of any recreational vehicle for human habitation, except
where such vehicle is located in a permitted camping
establishment, trailer park, or mobile home park where habitation
is temporary or seasonal in nature.
e)
The use of any structure, vehicle, shipping container, moving
container, or street or rail car for storage or human habitation.
f)
The use of any accessory building for human habitation, except
where specifically permitted.
g)
The use of any shipping container, street or rail car.
h)
The use of any portable structure or vehicle for vending of
merchandise or food except in accordance with By-law 14-42 or
its successors.
i)
The outdoor storage of vehicles or parts of vehicles other than in
a permitted wrecking or scrap yard.
j)
Outdoor furnaces in a Residential Zone or within 30 metres of the
lot line of a lot containing a Residential Zone or residential use.
k)
Noxious uses.
l)
Tracks, parks, or other areas developed for the racing, jumping
or running of vehicles unless specifically permitted by this By-law.
This is not intended to interfere with any lawful use of a public
road or highway, or enjoyment of private property by the owners
or tenants of such property or the use of an organized trail
approved by the Township.
m)
The manufacturing, refining, rendering, bulk
storage
or
distillation of fertilizers, oil, glue from organic sources, acids,
ammonia, chlorine, coal, creosote, explosives, petroleum, tar,
fireworks, ammunition, glue, petroleum, tar, or other hazardous
materials unless specifically permitted as a use in this By-law or
stored for sale in direct association with a permitted use in the
Zone and on the property on which the permitted use occurs.
n)
The bulk storage of industrial chemicals and the storage of
radioactive, hazardous waste, hazardous biological waste, or
liquid industrial waste unless specifically permitted by this By-law
or stored for sale in direct association with a permitted use in the
Zone and on the property on which the permitted use occurs.
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General Provisions
o)
The manufacturing or bulk storage of combustible, explosive,
inflammable, or dangerous liquids, gases, or materials unless
specifically permitted as a use in this By-law or stored for sale in
direct association with a permitted use in the Zone and on the
property on which the permitted use occurs.
p)
Rendering of fats or animal products, a tannery, or an abattoir
unless specifically permitted.
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Zones
3
ZONES AND ZONE PROVISIONS
3.1 Agricultural (AG)
3.1.1 PERMITTED USES
PRIMARY USES
Conservation use;
Equestrian facility;
Farm help accommodation building;
Forestry and maple syrup production;
Passive recreation uses;
Plant Nursery;
Produce farm or a livestock farm;
Single detached dwelling
ACCESSORY USES
Accessory agricultural open storage;
Accessory agricultural processing plant, which involves processing only
produce from the farm operation;
Accessory bed and breakfast;
Accessory dwelling unit;
Accessory farm office;
Accessory farm produce roadside retail stand;
Accessory farm produce sales outlet;
Accessory farm winery or cidery;
Accessory small scale biogeneration facilities.
Home occupation;
Home industry;
Single accessory apartment;
Temporary agricultural fair or exhibition;
Temporary accessory seasonal outdoor attraction such as a farm tour, a
maze, an agriculturally related play or activity area;
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Zones
3.1.2 ZONE PROVISIONS
a) Minimum Lot Area: 35 ha
a) Minimum Lot Frontage:
100 m
b) Minimum Front Yard:
10 m
c) Minimum Rear Yard:
7.5 m
d) Minimum Interior Side Yard:
7.5 m
e) Minimum Exterior Side Yard:
10 m
f) Maximum Lot Coverage: 20%
g) Maximum Height of Agricultural Buildings:
20 m
h) Maximum Height of Agricultural Structures: 30 m
i) Maximum Height of Non Agricultural Principal Buildings and Structures: 13 m
j) Maximum Height of Accessory Buildings:
8 m
k) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
l) Minimum Lot Area for Approved Surplus Dwelling Lot:
0.3 ha
m) Minimum Lot Frontage for Approved Surplus Dwelling Lot: 30 m
n) Notwithstanding the minimum lot area and frontage provisions of this By-law,
all of the permitted uses of this Zone may be permitted on a lot existing at the
time of adoption of this By-law having less frontage and lot area provided that:
i.
Where a main residential or accessory residential or accommodation use
is to occur, the lot must have a minimum frontage of 30 metres and a
minimum area of 0.3 ha;
ii.
For any non-residential building, the lot must have a minimum frontage of
10 metres;
iii.
For a livestock farm, the minimum lot area should be 2 ha and, other
provisions of this By-law are complied with.
o) For lots having a lot area of 1.5 hectares or less, the permitted uses shall be
limited to the following:
Conservation Use
Passive Recreation Use
Single Detached Dwelling
Accessory Dwelling Unit
Home Occupation
Home Industry
Single Accessory Apartment
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Zones
p) Notwithstanding any contrary provision of this By-law, accessory buildings,
structures, and uses may be located in all yards, including the front yard, but
shall be required to meet all minimum yard and setback requirements.
q) Notwithstanding any other contrary provisions of this By-law, in an Agricultural
Zone, an accessory dwelling unit may be located in an accessory building where
there is no separate farm help accommodation building on the same lot. Where
located in an accessory building, the accessory dwelling unit shall have a
minimum gross floor area in accordance with Section 2.1 and shall have a total
gross floor area of no greater than 50 percent of that of the primary, or
principle, residence on the lot and shall be no greater than 111 square metres
total gross floor area. An accessory dwelling unit in an accessory building shall
be located no further than 50 metres from the principle dwelling. The accessory
dwelling unit may occupy the entire accessory building. An accessory dwelling
unit shall not be considered to be a surplus residence for the purposes of
obtaining a consent and may not be separated from the lot by a severance.
r) Accessory agricultural open storage shall allow for open storage of agriculturally
related produce, products, and agricultural equipment. The zone provisions
shall also apply to accessory agricultural open storage. The provisions do not
apply to produce temporarily stored in production areas during harvesting.
s) The aggregate area of an accessory agricultural processing use including all
associated uses such as, but not limited to parking, loading areas, outside
storage areas devoted to processing, and processing waste storage areas
located on a lot shall not exceed two (2) ha.
t) An accessory farm produce retail operation shall be permitted for the purposes
of retail sales of produce, including processed produce, predominantly from the
farm including a winery or cidery. Such produce may include food products or
non food products manufactured from organic products, such as, but not limited
to, wood or hemp products. Such a retail operation shall not exceed a floor
area of more than 250 square metres including a hospitality area for wineries
or cideries.
u) Farm Produce Sales Outlet and Farm Winery or Cidery Provisions:
i.
Any buildings dedicated to a Farm Produce Sales Outlet and Farm Winery
or Cidery shall not exceed 250 square meters in gross floor area and shall
be setback a minimum of 30 meters from any dwelling, other than a
dwelling located on the same lot, including any outdoor patio or seating
area. Further, any outdoor patio or seating area shall not exceed 93 square
meters in area.
v)
A farm help accommodation building is permitted where there is no accessory
dwelling unit in an accessory building on the same lot. Farm help
accommodation buildings shall be located within 50 metres of the primary
detached dwelling. Such additional accommodation may be permitted in a
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Zones
separate building for the accommodation of farm workers where the lot is a
minimum of 30 ha in area. Such additional accommodation shall have a
minimum floor area of 78 square metres, and shall have the same yard
requirements and use the same driveway or entrance as the principal dwelling
on the lot. Such accommodation shall not be permitted to be renovated or
otherwise altered to a permanent dwelling unit for a use other than as housing
for farm help and shall not be severed from the farm.
w) A temporary agricultural fair or exhibition shall:
i.
Not exceed a duration of more than one (1) month;
ii.
Not involve the construction of any permanent buildings or structures;
and,
iii.
Meet all other provisions of this By-law.
x) Accessory uses shall not alter the primary character or farm use of the
property.
y) Accessory small scale biogeneration facilities shall:
i.
Limit agricultural inputs to manure from one farm unit or a combination
of farm units with total collective inputs not exceeding 1,000 nutrient
units annually;
ii.
Not receive more than 5,000 m³ of co-substrate per year;
iii.
Not store more than 100 m³ of co-substrate;
iv.
Not exceed a 25% mixture of co-substrates; and,
v.
Comply with applicable Minimum Distance Separation requirements and
the Nutrient Management Act.
z) A temporary accessory seasonal attraction shall:
i.
Not involve the construction of any permanent buildings or structures;
ii.
Not exceed a duration of six (6) weeks over a contiguous period of time;
iii.
Shall not occur on more than two (2) contiguous periods of time per
year;
iv.
Not occupy more than four (4) ha; and,
v.
Meet all other provisions of this By-law.
3.1.3 AGRICULTURAL - RESIDENTIAL USE EXCEPTIONS (AG-ER)
Notwithstanding the permitted uses of the Agricultural Zone, a single detached
dwelling, farm help accommodation, an accessory dwelling unit, an accessory bed and
breakfast, a garden suite, a home occupation and a home industry are prohibited uses
on the following properties as identified by the symbol AG-ER on the schedules to this
By-law or amendments thereto.
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Zones
AG-ER1
Part of Lots 5 & 6, Concession 10, Formerly Sunnidale
(6319 Highway 26, 040-003-09500)
Altered or Additional Provisions:
Minimum Lot Frontage: 90 metres
AG-ER2
Part of Lot 11, Concession 1, Formerly Sunnidale
(5816 Highway 25, 040-003-15200)
Altered or Additional Provisions:
Minimum Lot Area: 11 hectares
AG-ER3
Part of Lot 11 WSR, Concession 9 and 10, Formerly Sunnidale
(12042 County Road 10, 040-003-10700)
Altered or Additional Provisions:
A livestock use shall be prohibited in any farm buildings existing on the date of
passage of this by-law (September 24, 2012).
AG-ER4
Part Lot 22 ESR, Concession 4, Formerly Sunnidale
(10325 & 10235 County Road 10, 040-002-17700 & 040-002-17800)
AG-ER5
Part of Lot 15 Concession 1, Formerly Nottawasaga
(6309 15/16 Sideroad, 010-002-01000)
AG-ER6
Part of Lot 27 Concession 6, Formerly Nottawasaga
(1273 Concession 6 North, 010-008-04100)
AG-ER-7
North Part Lot 30 & North 1/2 Lot 30 Concession 3; Part 1 51R13044
8073 & 8077 Highway 26
Altered or Additional Provisions:
Minimum Lot Area:
30.8 ha
Minimum Lot Frontage:
90 m
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Zones
3.1.4 AGRICULTURAL - LIVESTOCK USE EXCEPTIONS (AG-EL)
Notwithstanding the permitted uses of the Agricultural Zone, a livestock use is a
prohibited use on the following properties as identified by the symbol AG-EL on the
schedules to this By-law or amendments thereto.
AG-EL1
Part of Lots 5 & 6, Concession 10, Formerly Sunnidale
(6319 Highway 26, 040-003-09500)
Additional Permitted Uses:
Existing rental storage unit buildings as a home industry: 2 Buildings
(1200 square metres each)
AG-EL2
Part Lot 2 & 3, Concession 10, Formerly Sunnidale
(6619 Highway 26, 040 003 08700)
Additional Permitted Use:
2nd existing dwelling
Altered Zone Provision:
Zero (0) side yard setback for an existing accessory building
AG-EL3
N Pt Lot 23 Concession 5
(1154 Fairgrounds Road South, 010-008-00802)
Altered or Additional Provision:
Notwithstanding General Provision 2.6.1.4 of the Township of Clearview
Zoning By-law 06-54, the maximum gross floor area of all accessory
structures shall not exceed 308 m2.
AG-EL4
S Pt Lot 17 WSR, Con 6, N Pt Lot 17 WSR, Con 6, N Pt Lot 17 ESR, Con 6
(10936, 11010 & 11019 County Road 10, 040-002-27400, 040-002-27900, 040-
002-28100)
Altered or Additional Provision:
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Zones
Notwithstanding General Provision 2.6.1.4 of the Township of Clearview
Zoning By-law 06-54, the maximum gross floor area of all existing accessory
structures shall not exceed 560 m2.
3.1.5 AGRICULTURAL ZONE EXCEPTIONS
AG-1
Part Lot 8, W.S.R., Concession 12, Formerly Sunnidale
(12694 County Rd 10, 040-003-18200)
Additional Permitted Use:
Garden Suite
AG-2
Part Lot 10, Concession 6, Formerly Sunnidale
(2377 Creemore Rd, 040-002-27301)
Permitted Uses Limited To:
Produce farm;
Conservation use;
Forestry and maple syrup production;
Passive recreation;
Temporary agricultural fair or exhibition;
Temporary seasonal farm related outdoor attraction;
Accessory farm produce roadside retail stand.
AG-3
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4525County Road 124, 010-007-05200)
Altered or Additional Provisions:
Minimum Lot Area:
8090 square metres
Minimum Lot Frontage:
45 metres
Accessory outdoor storage and accessory agricultural outdoor storage shall be
limited to not more than twenty percent (20%) lot coverage and shall be located
to the rear of all buildings and occur within a fenced area. There shall be no
open outdoor external storage of manure, compost, organic, or other waste
material including wastewater associated with an agricultural operation.
AG-4
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4537 County Road 124, 010-007-05201)
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Zones
Altered or Additional Provisions:
Minimum Lot Area: 9.5 ha
Minimum Lot Frontage: 95 metres
AG-5
Part of Lot 7, Concession 6, Formerly Sunnidale
(5321 Concession 7, 040-002-26900)
Altered or Additional Provisions:
A single detached dwelling is not a permitted use
Minimum Lot Area: 28.3 ha
AG-6
Part of Lot 5, Concession 10, Formerly Sunnidale
(6347 Highway 26, 040-003-09400)
Altered or Additional Provisions:
Minimum Lot Frontage: 10 m
Minimum West Side Yard: 3.5 m
AG-7
Part of Lot 23, Concession 7 & 8
(1152 Concession 6 South, 010-008-06000)
Permitted Uses Limited To:
Single-detached dwelling
Accessory Uses: home occupation, home industry, single accessory
apartment, accessory bed and breakfast.
Altered Zone Provisions:
Minimum Lot Area 2.5 hectares
Minimum Lot Frontage 60 metres
AG-8
Part of Lot 39, Concession 10, Formerly Nottawasaga
(2735 Concession 10, 010-012-00800)
Altered or Additional Provisions:
Notwithstanding the provisions of 3.1.2, a farm help accommodations for full
time farm help shall be permitted on the south half of Lot 39, Concession 10 in
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Zones
the former Nottawasaga Township located not more than 35 metres from the
dwelling located on the lot and existing on the date of passing of this exception.
AG-9
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4559 County Road 124, 010-00705400)
Altered or Additional Provisions:
Minimum Lot Area: 10.4 ha
AG-10
North Part of Lot 33, Concession 4, Formerly Nottawasaga
(6263 33/34 Sideroad, 010-003-51801)
Altered or Additional Provisions:
Minimum Lot Area: 1.9 ha
AG-11
West Part lot 9, Concession 8, Formerly Sunnidale
(4857 Concession 9, 040-003-17000)
Altered or Additional Provisions:
Minimum Interior Side Yard Setback (East): 4 m
AG-12
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4559 County Road 124, 010-007-05400)
Altered or Additional Provisions:
Minimum lot Area: 6.94 ha (17.1 acres)
No permanent buildings or structures shall be located, installed within 15
meters of the limit of the County Road No.124 and Poplar Sideroad, unless an
exception to this requirement has been approved in writing by the County of
Simcoe, in accordance with the County Road Setback by-law
AG-13
North Part of Lot 20, Concession 1, Formerly Nottawasaga
(1426 Centre Line Road, 010-002-02000)
Altered or Additional Provisions:
Minimum Lot Frontage shall be 20 m
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Zones
AG-14
Part of Lot 11, Concession 6, Formerly Nottawasaga
(2629 Concession 6 South, 010-010-04101)
Permitted Uses Restricted to:
Single Detached Dwelling
Produce Farm
Conservation Use
Passive Recreation Use
Forestry and Maple Syrup Production
Greehouse and Plan Nursery (no retailing from subject lands)
Accessory Uses Restricted to:
Accessory Buildings
Accessory Agricultural Open Storage
Accessory Farm Office
Garden Suite subject to a Temporary Use By-law
Following Home Occupations (no public to attend the subject lands):
Professional Offices
Arts and Crafts (artists, jewelers etc.)
Business Services (secretarial, word processing etc.)
Following Home Industries (no public to attend the subject lands):
Trade Businesses (contractors, trades etc.)
Catering and Food Preparation
Altered Provisions:
Minimum Lot Area shall be 0.8 ha
Minimum Lot Frontage shall be 0 m
Setbacks from all lot lines 3 m
Maximum Lot Coverage 20%
Maximum Height of Buildings 13 m
Maximum Height of Accessory Buildings 8 m
Maximum Number of Accessory Buildings No Limit
Maximum Gross Floor Area of All Accessory Buildings No Limit
AG-15
West Part of Lot 10, Concession 2, Formerly Nottawasaga
(2741 County Road 42, 010-001-05501)
Altered Provisions:
Minimum Lot Area shall be 34.5 ha
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Zones
AG-16
Not Part of Lot 20 and Lot 21, Concession 1, Formerly Nottawasaga
(1426 & 1482 Centre Line Road, 010-002-02100, 010-002-02000)
Altered Provisions:
Minimum Lot Frontage shall be 15 m
AG-17
Part of South Half Lot 24, Concession 4, Formerly Nottawasaga
(1087 Fairgrounds Road, 010-002-22700)
Altered Provisions:
Minimum Lot Frontage shall be 9 m
Interior Side Yard shall be 3 m (northern property line)
AG-18
Part of Lot 11, Concession 2, Formerly Nottawasaga
(2605 County Road 42, 010-001-05600)
Altered Provision:
Minimum Lot Frontage 23 m
AG-19
West Part Lot 22, Concession 6, Fomerly Nottawasaga
(1287 Concession 6 South, 010-008-03000)
Altered Provisions:
Minimum Lot Area 0.4 ha
Minimum Lot Frontage 55 m
AG-20
Part of Lot 32, Concession 10, Formerly Nottawasaga
(1909 and 1931 Concession 10, 010-007-17801, 010-007-17800)
Altered Provision:
Minimum Lot Area 1 ha
Minimum Lot Frontage 60 m
AG-21
Part of Lot 3, Concession 1 and 2, formerly Nottawasaga
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Zones
(6797 3/4 Sideroad, 010-001-00600)
Additional Permitted Uses:
Extraction of aggregate above and below the water table;
Portable processing and associated equipment but not including asphalt or
concrete plants;
Temporary stockpiles of aggregate extracted on the premises;
Temporary stockpile of topsoil from the extracted site.
Altered or Additional Provisions:
Minimum Lot Area 35 ha
Minimum Lot Frontage 100 m
Minimum Front Yard 15 m
Minimum Rear Yard 0 m
Minimum Interior Side Yard abutting Agricultural (AG) Zone 15 m
Minimum Interior Side Yard abutting Extractive Industrial Exemption M3(E1)
Zone 0 m
Minimum Exterior Side Yard 15 m
Yard requirements shall apply to all aggregate extraction and processing activities.
No buildings or structures are permitted other than extraction equipment and portable
processing equipment utilized in on-site operations.
All extraction and portable processing areas shall be screened and buffered from
visibility from public roads and residential, commercial, recreational and institutional
uses.
AG-22
W Pt Lot 4 Concession 12
(10158 County Road 9, 010-011-27400)
Additional Permitted Uses:
Firewood processing operation
AG-23
North Part Lot 20 ESR Concession 5
10581 County Road 10
Altered Provisions:
Existing Northern Interior Side Yard: 1.5 m
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Zones
AG-24
North Part Lot 30 & North 1/2 Lot 30 Concession 3; Part 1 51R13044
(8073 Highway 26)
In addition to the permitted uses of the AG zone the following use is also permitted:
Commercial Self-storage facility
Altered or Additional Provisions:
Minimum Lot Area:
1.4 ha
Minimum Lot Frontage:
50 m
Existing buildings will be deemed to conform to the setbacks, on the date of the
passing of this By-law.
AG-25
6042 30/31 Sideroad
South Part Lot 31 Concession 3
Altered Provisions:
Total Gross Floor Area for accessory buildings
721 m2
AG-26
North Part of Lot 6, Concession 12, formerly Nottawasaga
(9783 6/7 Sideroad Nottawasaga)
Permitted Uses Limited to:
Single-detached dwelling
Passive recreation uses
Conservation uses
Produce farm or livestock farm;
Accessory uses:
Accessory Bed and Breakfast
Accessory Dwelling Unit
Home Industry
Home Occupation
Altered or Additional Provisions:
Single-Detached Dwelling maximum setback from Accessory Dwelling Unit or
Farm Help Accommodation Building: 783 m
Maximum Proposed Building Site: 500 m2
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Zones
Minimum setback from the Environmental Protection (EP) Zone: 2.5 m
An accessory dwelling unit in an accessory building is permitted provided it is
located within the Proposed Building Site.
Notwithstanding Section 4 'Definitions' the following definition applies to the
Agricultural Exception (AG-26) Zone:
'Proposed Building Site' means that portion of the lot required to be altered to
facilitate construction where construction of the primary building, accessory building
or detached accessory dwelling unit can occur, but does not include driveways,
laneways, on-site sewage system(s) and passive recreation use areas.
Notwithstanding Section 3.1.2.v) A farm help accommodation building is permitted to
use a separate driveway or entrance than the principal dwelling on the lot.
AG-27
Part of Lot 7, Concession 6 RP 51R2994 Part 3, former Sunnidale and Part of Lot 7,
Concession 6, West Half of Part of Lot 8, Plan 141 Part Block 8, RP 51R2994, Part of
Part 4; and RP 51R220908 Part 4, former Sunnidale
(5538 & 5546 Concession 6)
All the primary and accessory uses in the 'Agricultural (AG) Zone' will be permitted
where the minimum lot area is 2.5 ha.
Altered Provisions:
Minimum Lot Area: 2.5 ha (#5538 Concession 6).
Minimum Lot Area: 12.4 ha (#5546 Concession 6).
All the primary and accessory uses of the Agricultural (AG) Zone will be
permitted where the minimum lot area is 2.5 ha and 12.4 ha.
AG-28
Concession 4 South 1/2 Lot 21 ESR, formerly Sunnidale
(10367 County Road 10)
Accessory Uses to a Transfer Storage Lagoon In a 'AG-28' Zone are Restricted
to:
A Truck Terminal
Additional or Altered Provisions:
Truck Terminal as an Accessory Use to a Transfer Storage Lagoon Provisions:
a) Maximum Development Area:
16,000 m2
b) Maximum Lot Coverage of all structures on lot:
5%
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Zones
c) Minimum Front Yard:
15 m
d) Minimum Rear Yard:
15 m
e) Minimum Interior Side Yard:
15 m
f) Maximum Height of Principal Buildings and Structures:
11m
g) Maximum Height of Accessory Buildings:
11 m
h) Maximum Number of Accessory Buildings:
No Limit
i) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
Site Plan Control applies to this use.
AG-29
Concession 4 South 1/2 Lot 21 ESR, formerly Sunnidale
(10367 County Road 10)
Notwithstanding the Primary Uses permitted in the AG Zone, the uses permitted
in the AG-29 Zone are limited to:
Transfer Storage Lagoon
Additional or Altered Provisions:
Transfer Storage Lagoon Provisions:
a) Minimum Front Yard:
Not Applicable
b) Minimum Rear Yard:
15 m
c) Minimum Interior Side Yard:
15 m
d) Maximum Lot Area of Lagoons:
14 ha
e) Maximum Lot Coverage of all structures on lot:
5%
f) Maximum Height of Principal Buildings and Structures:
11 m
g) Maximum Height of Accessory Buildings:
11 m
h) Maximum Number of Accessory Buildings:
No Limit
i) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
j) No permitted use shall be established, altered, enlarged or extended unless a
provincial certificate of approval has been issued by the Ministry of the
Environment as required by the Environmental Protection Act.
k) Permitted uses shall be well separated from existing or proposed residential
land uses and shall meet all applicable Ministry of the Environment minimum
distance separation guidelines including the Ministry "Guideline on Separation
Distances" as may be amended from time to time. At a minimum, a strip of
land not less than 15 metres in width shall be reserved for landscaped open
space purposes along all property lines.
a) Development and site alteration shall occur in a manner so that it is
compatible with surrounding uses and the impacts of uses shall be mitigated
through the use of landscaping screens and buffers and on the basis of land
use compatibility and design guidelines as may be adopted by Council.
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52
Zones
3.2 AGRICULTURALLY RELATED INDUSTRIAL (AGI)
3.2.1 PERMITTED USES
PRIMARY USES
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone;
Abattoir;
Agricultural processing plant;
Agricultural produce warehouse;
Cold storage;
Dairy products plant;
Feed mill;
Fertilizer mixing plant and distribution facility;
Grain drying facility;
Large scale agri-composting facilities and bio-generation energy facilities;
Livestock assembly area;
Seed cleaning plant
ACCESSORY USES
Accessory retail outlet associated with a permitted agricultural processing
plant;
Accessory retail outlet associated;
Accessory and primary open storage;
Accessory office;
Accessory display and sales.
3.2.2 ZONE PROVISIONS
a) Minimum Lot Area: 0.5 ha
b) Minimum Lot Frontage:
40 m
c) Minimum Front Yard:
10 m
d) Minimum Rear Yard:
7.5 m
e) Minimum Interior Side Yard:
7.5 m
f) Minimum Exterior Side Yard:
10 m
g) Maximum Lot Coverage on the Area Zoned AGI:
60%
h) Maximum Height of Principal Buildings and Structures:
20 m
i) Maximum Height of Accessory Buildings:
18 m
j) Maximum Number of Accessory Buildings:
Not Applicable
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Zones
k) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
l) The minimum setback of the zone boundary from any Residential Zone or the
lot line of any residential use, other than a residential use on the same lot, shall
be 30 metres. This setback shall be increased 100 metres for an abattoir.
m) Where the zone boundary is within 100 metres of a residential use or zone,
other than a residential use on the same lot, the Agriculturally Related Industrial
uses shall be buffered from those uses with a landscape buffer as defined
herein.
n) Accessory buildings and structures may be located in all yards, including the
front yard, but shall be required to meet all minimum yard and setback
requirements.
3.2.3 Agriculturally Related Industrial Zone Exceptions
AGI-1
Part of Lot 14, Concession 12, Formerly Sunnidale
(3829 Concession 12, 040-003-21002)
Altered or Additional Provisions:
The uses permitted shall be limited to a meat smoking and processing operation
utilizing a building of not more than 240 square metres. For purposes of this
by-law, meat processing shall not include the slaughter of livestock on the
premises.
AGI-3
West Part of Lot 10, Concession 3 and Concession 4, Formerly Nottawasaga
(7280 County Road 9, 010-001-12200)
Permitted Uses Restricted To:
All uses permitted in the Agricultural (AG) Zone and complying with the provisions of
that zone;
Dairy products plant;
Agricultural processing plant; and,
Agricultural produce warehouse.
Accessory Uses Restricted To:
Accessory retail outlet associated with a permitted agricultural processing
plant;
Accessory retail outlet;
Accessory office; and
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54
Zones
Accessory display and sales.
Zone Provisions:
Minimum Lot Area:
.10 ha
Minimum Lot Frontage:
10 m
Minimum Front Yard:
.5 m
Minimum Rear Yard:
.5 m
Minimum Interior Side Yard:
.5 m
Maximum Lot Coverage:
60%
Maximum Building Height:
30 m
AGI-4
North Part Lot 19, Concession 2, Formerly Stayner
(1617 County Road 42, 010-002-08300)
Permitted Primary Uses Restricted To:
Agricultural processing plant specifically related to birdseed
Permitted Accessory Uses Restricted To:
Accessory retail outlet associated with the agricultural processing plant,
combined with a farm produce sales outlet, to a total maximum of 350 m² in
gross floor area;
Accessory agricultural buildings and structures;
Accessory and primary open storage;
Accessory office;
Accessory display and sales.
Additional or Altered Provisions:
Minimum required number of parking stalls: 13 stalls
A landscape buffer is required to be installed along the north and south
perimeters of the parking area to a minimum width of 1.5 metres. Neither trees
nor landscaping screens are required along the lot boundaries or along the
perimeter of the parking area;
Two loading stalls are to be provided directly abutting the rear of the
retail/warehouse building. Provided the loading stalls are in this location, no
additional screening shall be required;
A garbage receptacle is to be placed directly abutting the rear of the
retail/warehouse building. The garbage receptacle is to be screened on the
south side by a working room. Provided the garbage receptacle is in this
location, no additional screening shall be required.
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Zones
AGI-5
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4559 County Road 124, 010-007-05400)
Permitted Uses restricted to:
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone;
Contractor's shop and contractor's yard associated with landscaping and
supply and services (including sprinkler company);
Cold storage, and;
Agricultural produce warehouse.
Accessory Uses Restricted To:
Accessory and primary open storage;
Accessory office associated with the contractor's shop, contractor's yard and
landscaping supply and services;
Accessory display and sales associated with contractor's shop, contractor's
yard and landscaping supply and services; and
Retail supply and sale landscaping services, products, materials and items.
Altered or Additional Provisions:
Maximum Area AGI-5 - 1.2 ha (2.95 acres)
Maximum size of buildings for the contractor's shop and contractor's yard
associated with landscaping supply and services is 416 square meters.
Existing accessory storage sheds to a maximum 75 square meters combined
floor area;
Location of the existing storage shed no less than 1.5m from the side lot line.
Retail supply and sale of landscaping services, products, materials and items
to a maximum of 250 square meters.
AGI-6
Part of Lots 9, 10, 11 ESR, Concession 11, Part 3 51R-40147, Pt 4 51R-14004,
Formerly Sunnidale
(1062 Klondike Park Road, 040-003-15100)
Prohibited Uses:
Single Detached Dwelling
Residential Uses
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Zones
3.3 AGRICULTURALLY RELATED COMMERCIAL (AGC)
3.3.1 PERMITTED USES
PRIMARY USES
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that Zone;
Agricultural equipment and supply sales outlet;
Agricultural veterinary clinic in areas designated Agricultural in the Township
Official Plan and a veterinary clinic in areas designated Rural in the Township
Official Plan;
Agri-tourism operation;
Farm auction or stock yard establishment;
Farm co-operative;
Farm produce sales outlet;
Farmers market;
Fertilizer, seed, pesticide, and herbicide sales facility
ACCESSORY USES
Accessory and primary open storage;
Accessory display and sales;
Accessory office;
Temporary accessory seasonal outdoor attraction such as a farm tour, a
maze, an agriculturally related play or activity area;
Temporary agricultural fair or exhibition
3.3.2 ZONE PROVISIONS
a) Minimum Lot Area for Lands Designated Agricultural in Clearview Township
Official Plan: 35 ha
b) Minimum Lot Area Zoned AGC: 0.5 ha
c) Minimum Lot Frontage:
30 m
d) Minimum Front Yard:
10 m
e) Minimum Rear Yard:
7.5 m
f) Minimum Interior Side Yard:
7.5 m
g) Minimum Exterior Side Yard:
10 m
h) Maximum Lot Coverage on Area Zoned AGC:
60%
i) Maximum Height of Principal Buildings and Structures:
15 m
j) Maximum Height of Accessory Buildings and Structures: 15 m
k) Maximum Number of Accessory Buildings: Not Applicable
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Zones
l) Maximum Gross Floor Area of All Accessory Buildings: Not Applicable
m) Agriculturally related commercial uses, including all associated uses, must be
clearly farm related through ongoing interaction with agricultural activities, and
shall not include facilities for activities, commercial uses, dining, or
accommodation which have no or only minimal agricultural interaction or local
agriculturally related input or components.
n) A retail establishment shall not exceed a floor area of more than 500 m² for the
retail use. This does not include production, processing, or storage floor space,
but does include a hospitality room in the case of wineries and cideries.
o) The minimum setback from any Residential Zone or the lot line of any
residential use, other than a residential use on the same lot, shall be 30 metres.
p) Where the zone boundary is within 100 metres of a residential use or zone,
other than a residential use on the same lot, the Agriculturally Related
Commercial uses shall be buffered from those uses with a landscape buffer as
defined herein.
q) Accessory buildings and structures may be located in all yards, including the
front yard, but shall be required to meet all minimum yard and setback
requirements.
r) An agri-tourism operation may incorporate a restaurant in which food products
produced primarily on the farm or surrounding farms are prepared and served.
s) Agri-tourism buildings, including those for dining, must be an integral
component of the farm, must not alter the character of the farm or landscape,
and shall be located in or in the immediate vicinity of the farm building cluster.
In regard to restaurant uses, they are to be distinct in character from restaurant
uses permitted in the Highway Commercial Zone and drive-through restaurants
are not permitted. As an agri-tourism operation, a restaurant shall not exceed
seating and entertainment floor area of more than 93 square metres, excluding
kitchen and storage areas.
t) A temporary agricultural fair or exhibition shall:
i.
Not exceed a duration of more than one (1) month;
ii.
Not involve the construction of any permanent buildings or structures;
and,
iii.
Meet all other provisions of this By-law.
u) A temporary accessory seasonal attraction shall:
i.
Not involve the construction of any permanent buildings or structures;
ii.
Not exceed a duration of six (6) weeks over a contiguous period of time;
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iii.
Shall not occur on more than two (2) contiguous periods of time per
year;
iv.
Not occupy more than four (4) ha; and,
v.
Meet all other provisions of this By-law.
3.3.3 AGRICULTURALLY RELATED COMMERCIAL ZONE EXCEPTIONS
AGC-1
Part Lot 39, Concession 7, Formerly Nottawasaga
(7293 Poplar Side Road, 010-005-71700)
Permitted Uses Limited To:
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone; or,
A veterinary clinic.
AGC-2
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4559 County Road 124, 010-007-05400)
Permitted Uses Limited To:
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone;
Fertilizer, seed, pesticide, and herbicide sales facility;
Agricultural equipment and supply sales outlet;
Agri-tourism operation;
Retail and wholesale establishment for the sale of locally produced agricultural
products including indoor and outdoor display and sales and including winery
or cidery retail outlets (locally produced refers to produces from farm(s)
located 160 km (100 mile radius) of Clearview Township); or,
Farmers market.
Accessory Uses:
Temporary agricultural fair or exhibition;
Temporary accessory seasonal outdoor attraction such as a farm tour, a
maze, an agricultural related play or activity area;
Accessory and primary open storage;
Accessory office; or,
Accessory display and sales.
Altered or Additional Provisions:
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Retail establishment will be permitted to have a floor area no larger than 760
square meters for retail use;
No building or structures shall be located, installed or rebuilt within 15 metres
of the limit of the County Road No. 124 right-of-way, unless a specific setback
distance has been set out in the County Road Setback By-law 5604 or an
exception to the requirements of the Road Setback By-law has been approved
in writing by the County of Simcoe and provided to the Township of Clearview.
AGC-3
Part of Lot 39, Concession 8, Formerly Nottawasaga
(4559 County Road 124, 010-007-05400)
Permitted Uses restricted to:
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone:
Fertilizer, seed, pesticide, and herbicide sales facility;
Agricultural equipment and supply sales outlet;
Agri-tourism operation;
Retail and wholesale establishment for the sale of locally produced
agricultural/horticultural products that contain items or ingredients from
farm(s) generally Province-wide, including indoor and outdoor display and sales
including winery or cidery retail outlets;
Farm auction; and
Farmers market
Accessory Uses Restricted To:
Temporary agricultural fair or exhibition;
Temporary accessory seasonal outdoor attraction such as a farm tour, a
maze, an agricultural related play or activity or area;
Accessory and primary open storage;
Accessory office;
Accessory display and sales.
Altered or Additional Provisions:
Maximum Area of AGC-3 - 2 ha (5 acres)
Fertilizers, seed, pesticide and herbicide facility; retail and wholesale
establishment for the sale of locally produced agricultural/horticultural products
that contain items or ingredients from farm(s) located generally Province-wide,
including indoor and outdoor display and sales and including winery or cidery
retail outlets; Farm Auction; and Farmer's Market; will be permitted to have a
floor area of no larger than 1000 square meters, all these uses will be include
in the primary structure;
Greenhouse uses and a retail component, also included in the primary structure,
will be permitted to have a floor area no larger than 800 square meters;
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The total floor area of the primary structure shall be no greater than 1800
square meters;
Agricultural equipment and supply sales outlet to have a combined floor area of
no larger than 1,000 square meters;
No permanent buildings or structures shall be located, installed within 15meters
of the limit of the County Road No.124 and Poplar Sideroad, unless and
exception to this requirement has been approved in writing by the County of
Simcoe, in accordance with the County Road Setback by-law.
AGC-4
West Part of Lot 3, Concession 12, Formerly Nottawasaga
(793175 County Road 124)
Permitted Uses Restricted to:
All uses permitted in the Agricultural (AG) Zone and complying with the
provisions of that zone;
Farm co-operative;
Agricultural equipment and supply sales outlet;
Agri-tourism operation;
Retail and wholesale establishment for the sale of locally produced
agricultural/horticultural products that contain items or ingredients from
farm(s) located generally Province-wide, including indoor and outdoor display
and sales and including winery or cidery retail outlets;
Farm auction;
Farmers market;
Cutting, folding, shaping and milling of raw metal;
Outdoor display and sales (related to the agricultural equipment and supply
sales outlet)
Primary outside storage (related to the agricultural equipment and supply
sales outlet)
Accessory Uses Restricted To:
Accessory office
Altered or Additional Provisions:
Outdoor display and sales shall be permitted within the County Road setback
however will not be closer than .3 m to any property line
Outdoor display and sales will be seasonal
Maximum area for outdoor display and sales and primary outside storage is
750m2
Outdoor display and sales and primary outside storage will be permitted
within the required minimum yards, but only where shown on the approved
site plan and will not be required to be enclosed.
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Landscaping screens or buffers will not be required for outdoor display and
sales and primary outside storage areas adjacent to the exterior side yard
Maximum number of parking spaces required on site will be 13
Parking spaces will be setback .3m from property lines, in all yards
Minimum rear and interior side yard to be 7m
For the purposes of the permitted uses in the AGC-4 Zone an: Agricultural
equipment and supply sales outlet: means a building, structure and/or clearly
defined space on a lot that is used for the display and sale, lease, storage or
rental of farm implements, farm equipment, and may include the servicing
repair, cleaning, polishing, and lubricating of such machinery or equipment
and the sale of related accessory tools and parts.
AGC-5
West Part of Lot 10, Concession 2, Formerly Nottawasaga
(793175 County Road 124, 010-011-27200)
Prohibited Uses:
Single Detached Dwelling
Residential Uses
Primary Outdoor Display and Sales
Primary Outdoor Storage
Altered Provisions:
Minimum Lot Area for Agriculturally Related Commercial Use shall be 3.2 ha
Minimum Distance Separation I shall be maximum of 290 m to 7005 County
Road 9 (Roll 432901000105300)
Minimum Distance Separation I shall be maximum of 375 m to 7131 County
Road 9 (Roll 432901000111900)
Number of Parking Spaces Required 31
Number of Barrier Free Parking Spaces Required 2
Loading Spaces may be located in Interior Side Yard and Rear Yard
The provisions of Section 2.17 Outdoor Display and Sales and the Section
2.18 Outdoor Storage shall not apply.
Altered Provisions for Primary Outdoor Display and Sales and Outdoor Storage:
May occur in all yards
Minimum Front Yard Setback 6 m
Minimum Exterior Side Yard Setback 7 m
Minimum Rear Yard Setback 3 m
Shall be included in the maximum lot coverage
Altered Provisions for Landscaping:
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Landscape buffer shall be required a maximum of 1.5 m in width from
property lines, no other landscape screen or buffer is required
Minimum of 11 trees shall be planted on site
No landscaping is required for parking or loading spaces
AGC-6
North Part of Lot 33, Concession 8, Formerly Nottawasaga
(3815 County Road 124, 010-007-00605)
Altered Provision:
No additional landscaping will be required in the parking lot
No additional curbs or wheel stops required for parking or loading spaces
No additional tree planting required
AGC-7
West Part of Lot 9, Concession 2, Formerly Nottawasaga
(7005 County Road 9, 010-001-05300)
Additional Uses:
Agriculturally Related Machine Repair Shop
Additional Accessory Uses:
Accessory Display
Prohibited Uses:
Single Detached Dwelling
Residential Uses
Prohibited Accessory Uses:
Accessory and Primary Outdoor Storage
Accessory Outdoor Sales Area
Altered Provisions:
Minimum Lot Area for Agriculturally Related Commercial Use shall be 4.0 ha
Number of Parking Spaces Required 71
Loading Spaces may be located in Rear Side Yard
Minimum Distance Separation I shall be maximum of 450 m to 7164 County
Road 9 (432901000112300)
Minimum Distance Separation I shall be maximum of 215 m to 7131 County
Road 9 (432901000111900)
Minimum Distance Separation I shall be maximum of 225 m to 7005 County
Road 9 (432901000105300)
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Altered Provisions for Accessory Display:
Will be located in front yard and exterior side yard setback a minimum 7.25 m
from the front property line and a minimum 8 m from the exterior side yard
This accessory display will be shown on the implementing site plan
Accessory Display Area to be no larger than 485 m2
Shall meet the maximum height provisions applicable to buildings and
structures
Altered Provisions for Landscaping:
Landscape buffer shall be required a minimum of 1.5 m in width from
property lines
Minimum of 90 trees shall be planted on the site
No landscaping is required for parking, loading or truck spaces
Treed berm will be placed from the south west corner following 50 m along
west property line and 50 m along south property line, originating at the
south west corner
Berm will be 2 m in height and 1.5 m in width and will be treed
AGC-8
North Part of Lot 6, Concession 12, formerly Nottawasaga
(9783 6/7 Sideroad Nottawasaga)
Permitted Uses Include:
All uses permitted in the Agricultural (AG) Zone except:
o single detached dwelling
Additional Permitted Use:
Agricultural Research and Training Centre
Accessory uses:
All accessory uses permitted in the Agricultural (AG) Zone except:
o Accessory bed and breakfast;
o Accessory dwelling unit;
o Accessory farm produce roadside retail stand;
o Accessory farm produce sales outlet;
o Accessory farm winery or cidery;
o Home occupation;
o Home industry;
o Single accessory apartment.
Altered or Additional Provisions to the Agriculturally Related Commercial Exception
(AGC-8):
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Zones
Maximum Zone Area: 0.78 ha
Maximum Gross Floor Area for all buildings: 1200 m2
Altered or Additional Provision for the Agricultural Research and Training Centre:
40 parking spaces
2 barrier free parking spaces.
No Loading Spaces
A maximum of 24 events per calendar year are permitted with greater than
30 and up to 120 people, with no more than 1 event of this size held in a
week; and,
A maximum of 100 events per calendar year are permitted with 30 or fewer
attendees. For purposes of the total numbers of events, where multiple events
are held in a day, each individual event is counted separately towards the
total maximum number of events.
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Zones
3.4 AGRICULTURAL BOARDING KENNEL (AGK)
3.4.1 PERMITTED USES
On a properly zoned AGK a boarding kennel is an additional permitted use.
The primary permitted uses in the case of a property zoned AGK are the
permitted uses of the Agricultural (AG) Zone.
An accessory grooming service and accessory retail area of no greater than 15
square metres of floor area may also be permitted.
3.4.2 ZONE PROVISIONS
In addition to the provisions of the AG Zone for an AGK use, the following provisions
shall also apply:
a) No kennel shall house more than thirty-five (35) canines;
b) In no case shall any kennel be located closer than 100 metres to the lot
boundary of any residential use in a settlement area shown in this By-law, or
within 50 m of any other residential structure other than a residential structure
on the property on which the kennel is located; and,
An accessory retail use shall not exceed a total gross floor area of 10 square metres.
3.4.3 AGRICULTURAL KENNEL ZONE EXCEPTIONS
AGK-1
Part Lot 31, Concession 5, Formerly Nottawasaga
(1824 Fairgrounds Rd North, 010-005-00101)
Altered or Additional Provisions:
Minimum setback for a kennel use from any lot line:
75 metres
Maximum number of canines permitted:
15
AGK-2
Part Lot 29, Concession 3, Formerly Nottawasaga
(7933 Highway 26, 010-002-19301)
Altered or Additional Provisions:
Maximum number of canines: 10
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Zones
AGK-3
Part of Lot 30, Concession 5, Formerly Nottawasaga
(6773 30/31 Sideroad, 010-008-02402)
Altered or Additional Provisions:
Maximum number of canines: 15
AGK-4
Part Lot 29 Concession 7
(1550 Concession 6 North, 010-008-07801)
Altered or Additional Provisions:
Day Use - boarding kennel - maximum number of canines - 20
Over Night Use - boarding kennei - maximum number of canines - 15
Minimum number of boarding kennei parking spaces - 6
Maximum area of the boarding kennel runs - 1120 m2
Maximum area for the boarding kennel building - 143 m2
2m wood board fence required around the perimeter of area zoned for the
boarding kennel.
AGK-5
N1/2 Pt Lot 11, W1/2 & E1/2 Pt Lot 15 Concession 7
(11323 County Road 10, 040-002-32500)
Additional Permitted Uses:
Accessory Uses of the Agricultural (AG) Zone
Accessory groom service and retail area of no greater than 28 m2
Altered or Additional Provisions:
Maximum area for the kennel area - 1740 m2 (.43 acres)
Minimum area for the outdoor dog play area - 112 m2
Minimum area for indoor dog play area - 56 m2
Notwithstanding the 50 m setback from the principle dwelling for an accessory
dwelling unit located in an accessory building, an accessory dwelling unit can
be built within the Agricultural Kennel Zone Exception (AGK-5)
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3.5 RURAL (RU)
3.5.1 PERMITTED USES
PRIMARY USES
Conservation use;
Equestrian facility;
Farm help accommodation building;
Forestry and maple syrup production;
Passive recreation uses;
Plant nursery;
Produce farm or a livestock farm;
Single-detached dwelling
ACCESSORY USES
Accessory agricultural open storage;
Accessory agricultural processing plant, including a winery, which involves
processing only produce from the farm operation;
Accessory bed and breakfast;
Accessory dwelling unit;
Accessory farm office;
Accessory farm produce sales outlet;
Accessory farm produce road-side retail stand;
Accessory farm winery or cidery;
Home industry;
Home occupation;
Temporary accessory season outdoor attraction such as a farm tour operation,
a maze, an agriculturally related play or activity area;
Temporary agricultural fair or exhibition
3.5.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.4 ha
b) Minimum Lot Frontage: 45 m
c) Minimum Front Yard:
10 m
d) Minimum Rear Yard:
7.5 m
e) Minimum Interior Side Yard:
4.5 m
f) Minimum Exterior Side Yard:
15 m
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g) Maximum Lot Coverage: 20%
h) Maximum Height of Agricultural Buildings and Structure: 18 m
i) Maximum Height of Principal Buildings and Structures: 13 m
j) Maximum Height of Non Agricultural Accessory Buildings: 8 m
k) Notwithstanding the minimum lot area and frontage provisions of this By-law,
all of the permitted uses of this Zone may be permitted on a lot existing at the
time of adoption of this By-law having less frontage and lot area provided that:
i.
Where a main residential or accessory residential or accommodation use
is to occur, the lot must have a minimum frontage of 30 metres and a
minimum area of 0.3 ha;
ii.
For any non-residential building, the lot must have a minimum frontage of
10 metres;
iii.
For a livestock farm, the minimum lot area should be 2 ha; and,
iv.
All other provisions of this By-law are complied with.
l) For a livestock farm on a lot created subsequent to the adoption of this By-law,
the minimum lot area shall be ten (10) ha and a minimum frontage of 150
metres.
m) Notwithstanding these provisions, where an agricultural processing plant use
occurs, the minimum lot area shall be ten (10) ha and the minimum lot frontage
shall be 150 metres. No agricultural processing facility shall be located closer
than 100 metres to a residential use on a separate lot.
n) Notwithstanding any other contrary provision of this By-law, in a Rural Zone,
an accessory dwelling unit may be located in an accessory building where there
is no separate farm help accommodation building on the same lot. Where
located in an accessory building, the accessory dwelling unit shall have a
minimum gross floor area in accordance with Section 2.1 and shall have a total
gross floor area of no greater than 50 percent of that of the primary, or
principle, residence on the lot and shall be no greater than 111 square metres
in total gross floor area. An accessory dwelling unit in an accessory building
shall be located no further than 50 metres from the principle dwelling. The
accessory dwelling unit may occupy the entire accessory building. An accessory
dwelling unit shall not be considered to be a surplus residence for the purposes
of obtaining a consent and may not be separated from the lot by a severance.
o) The aggregate area of an accessory agricultural processing use including all
associated uses such as, but not limited to, parking, loading areas, outside
storage areas, and processing waste storage areas located on a lot shall not
exceed two (2) ha.
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p) An accessory farm produce road-side retail stand shall be permitted for the
purposes of retail sales of produce, including processed produce predominantly
from the farm. Such produce may include food products or products
manufactured from organic products such as, but not limited to, wood or hemp
products.
q) Farm Produce Sales Outlet and Farm Winery or Cidery Provisions:
r) Any buildings dedicated to a Farm Produce Sales Outlet and Farm Winery or
Cidery shall not exceed 250 square meters in gross floor area and shall be
setback a minimum of 30 meters from any residential use other than a
residential use on the same lot, including any outdoor patio or seating area.
Further, any outdoor patio or seating area shall not exceed 93 square meters
in area.
s) A farm help accommodation building is permitted where there is no accessory
dwelling unit in an accessory building on the same lot. Farm help
accommodation buildings shall be located within 50 metres of the primary
detached dwelling. Such additional accommodation may be permitted in a
separate building for the accommodation of farm workers where the lot is a
minimum of 30 ha in area. Such additional accommodation shall have a
minimum floor area of 78 square metres, and shall have the same yard
requirements and use the same driveway or entrance as the principal dwelling
on the lot. Such accommodation shall not be permitted to be renovated or
otherwise altered to a permanent dwelling unit for a use other than as housing
for farm help and shall not be severed from the farm.
t) A temporary agricultural fair or exhibition shall:
i.
Not exceed a duration of more than one (1) month;
ii.
Occur over a contiguous period of time;
iii.
Not occur more than once every three (3) years on the same lot;
iv.
Not involve the construction of any permanent buildings or structures;
and,
v.
Meet all other provisions of this By-law.
u) A temporary accessory seasonal attraction shall:
i.
Not involve the construction of any permanent buildings or structures;
ii.
Not exceed a duration of six (6) weeks over a contiguous period of time;
iii.
Shall not occur on more than two (2) contiguous periods of time per
year;
iv.
Not occupy more than four (4) ha; and,
v.
Meet all other provisions of this By-law.
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Zones
3.5.3 RURAL ZONE EXCEPTIONS
RU-1
Part of Lot 20, Concession 2, Formerly Nottawasaga
(1547 County Road 42, 010-002-08500)
Altered or Additional Provisions:
Minimum number of spaces required for the existing structures: 34 spaces
RU-2
Part of Lot 39, Concession 9, Formerly Nottawasaga
(7623 Poplar Side Road, 010-007-12700)
Additional Permitted Uses:
Antique store, pottery studio, arts and crafts gallery or studio;
Boutique;
Café;
Dwelling unit in a portion of a non-residential building;
Garden or nursery centre;
Veterinary clinic;
Specialty food store
Altered or Additional Provisions:
Maximum gross floor area for a garden or nursery centre: 100 m²
RU-3
Part of Lot 7, Concession 2, Formerly Sunnidale
(3571 Hogback Road, 040-001-18110)
Altered or Additional Provisions:
All habitable buildings or structures on the lands shall be flood proofed to a
minimum opening elevation of 0.15 metres above the centre line of the
municipal road adjacent to the lot.
RU-4
Part of Lot 7, Concession 2, Formerly Sunnidale
(3522 Hogback Road, 040-001-17910)
Altered or Additional Provisions:
All habitable buildings or structures to be constructed on the lands shall be
flood proofed to a minimum opening elevation of 0.35 metres above the
centre line of Hogback road.
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Zones
RU-5
Part of Lot 24, W.S.R., Concession 3, Formerly Sunnidale
(9976 County Road 10, 040-001-29200)
Additional Permitted Use:
Taxidermy studio.
RU-6
Part of Lot 7, Concession 4, Formerly Sunnidale
(5649 County Road 9, 040-002-03620)
Additional Permitted Uses:
Cabinet making, woodworking shop, and as accessory to this use an office and
showroom.
Altered or Additional Provisions:
No outside storage of goods or materials is permitted.
RU-7
Part of East Half of Lot 4, Concession 2, Formerly Sunnidale
(6155 & 6125 Concession 2, 040-001-16800 & 040-001-16801)
Altered or Additional Provisions:
Maximum Development Area: 3610 square metres (38 metres by 95 metres)
Frontage of Development Area: 38 metres
RU-8
Part of Lot 37, Concession 7, Formerly Nottawasaga
(7266 36/37 Sideroad, 010-005-70201)
Altered or Additional Provisions:
Minimum Lot Frontage:
10 metres
RU-9
East ½ Lot 31, Concession 2, Formerly Nottawasaga
(5820 County Road 64, 010-003-25700)
Permitted Uses Limited To:
Produce farm;
Conservation use;
Wholesale topsoil operation;
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Zones
Outdoor storage for stockpiling of soil and other material
RU-10
Part of Lots 38 and 39, Concession 12, Formerly Nottawasaga
(010-012-09600)
Altered or Additional Permitted Uses:
Snowmaking reservoir pond;
Accessory structures;
Associated piping.
RU-11
East Part of Lot 11, Concession 5, Formerly Sunnidale
(16 Whitetail Drive, 040-002-23200)
Permitted Uses Limited To:
Single detached dwelling;
Conservation use;
Forestry and maple syrup production; or,
Passive recreation uses.
Permitted Accessory Uses Limited To:
Home occupation;
Accessory dwelling unit.
Section 1.21 shall not apply to lands zoned RU-11. The following zone
provisions shall apply as additional or altered zone provisions to the RU zone
provisions:
Maximum Development Area
5120 m2
Maximum Development Area Coverage
20%
Minimum Lot Frontage (Whitetail Drive)
20 m
Minimum Front Yard Setback (measured from the
15 m
south lot line, notwithstanding that the RU-11 zone does not abut the south
lot line)
Minimum Rear Yard Setback (measured from the
0 m
north RU-11 Zone boundary)
Minimum Interior Yard Setback (measured from the 4.5 m west lot line)
Minimum Interior Yard Setback (measured from the 0m east RU-11 Zone
boundary)
All other provisions of the RU Zone and the remainder of the Zoning By-law, not
contrary to the special zone provisions above continue to apply.
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Zones
RU-14
East Part of Lot 31, Concession 2, Formerly Nottawasaga
(5836 County Road 64, 010-003-25702)
Additional Uses:
Truck Terminal
Wholesale Topsoil Storage and Screening Operation
Outdoor Storage
Altered Provisions or Additional Provisions:
Notwithstanding the provisions of the Rural (RU) Zone to the contrary where
the lands are zoned RU-14 the following apply:
Minimum Front Yard 15 m
Side Yard Setback from the west property line 14 m
Principal Structure Height 19 m
Maximum Number of Accessory Buildings No Limit other than that maximum
lot coverage applies
Maximum Gross Floor Area of All Accessory Buildings Not Applicable
Notwithstanding the general provisions in Section 2 to the contrary where the
lands are zoned RU-14 the following apply
Minimum 30 m setback from the Environmental Protection (EP) Zone
Minimum setbacks from the West Draw of the Lamont Creek will be as
follows: fuel tank 55 m, shop/storage building 35 m
No landscaping will be required along the eastern, or northern property line
No landscaping is required for parking, loading or truck spaces
Landscaping in the front yard will be a continuous row of evergreens
Number of parking spaces required 28
Number of loading spaces required 1
Number of barrier free spaces required 2
RU-15
Part Lot 2 & Part Lot 3 Concession 4
(6372 County Road 9, 040-002-01000)
Altered Provisions:
The minimum southern interior side yard in the RU zone shall be 15 m
RU-18
Part Lot 42 Concession 11; Parts 5 to 27 51R545
(854 Sixth Street, 010-012-05516 to 010-012-05526)
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Zones
Additional or Altered Provisions:
Minimum Lot Frontage:
20 m
RU-19
North Part Lot 4 & North Part Lot 5 Concession 4
(2745 3/4 Sideroad)
Altered Provision:
Minimum Lot Frontage:
17.8m
RU-20
South Part of Lot 23, Concession 9, formerly Nottawasaga
(2562 County Road 124)
Permitted Uses Limited to:
Single-detached dwelling
Passive recreation uses
Conservation uses
Accessory uses:
Accessory Bed and Breakfast
Accessory Dwelling Unit
Home Industry
Home Occupation
Altered or Additional Provisions:
Maximum Size of Primary Building Footprint: 200 m2
Maximum Proposed Building Site for Primary Building: 390 m2
Maximum Size of Accessory Building Footprint: 200 m2
Maximum Size of Accessory Proposed Building Site: 390 m2
Minimum setback from the Environmental Protection (EP) Zone: 2.5 m
'Proposed Building Site' means that portion of the lot required to be altered to
facilitate construction where construction of the primary building or accessory
building can occur in accordance with the Building Footprint(s) noted above, but
does not include driveways, laneways, on-site sewage system(s) and passive
recreation use areas.
RU-21
West Part of Lot 1, Concession 10, formerly Sunnidale
(1065 Centre Line Road)
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Zones
Altered or Additional Provisions:
Maximum Zoned Area: 1.03 ha (2.54 acres)
Minimum Setback from the Environmental Protection (EP) Zone: 2.5 m
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Zones
3.6 RURAL BOARDING KENNEL (RUK)
3.6.1 PERMITTED USES
On a properly zoned RUK, a boarding kennel is an additional permitted use.
The primary permitted use of a property zoned RUK are the permitted uses of
the Rural (RU) Zone.
An accessory grooming service and accessory retail area of no greater than 15
square metres of floor area may also be permitted.
3.6.2 ZONE PROVISIONS
In addition to the provisions of the RU Zone for an RUK use, the following provisions
shall also apply:
a) No kennel shall house more than thirty-five (35) canines;
b) In no case shall any kennel be located closer than 100 metres to the lot
boundary of any residential use in a settlement area shown in this By-law, or
within 50 m of any other residential structure other than a residential
structure on the property on which the kennel is located; and,
c) An accessory retail use shall not exceed a total gross floor area of 10 square
metres.
3.6.3 RURAL KENNEL ZONE EXCEPTIONS
RUK-1
Part of Lot 28, Concession 8 WSR, Formerly Sunnidale
(3686 McCarthy Drive, 040-001-04705)
Altered or Additional Provisions:
Minimum Rear Yard: 4 metres
Area Permitted for Kennel: 346 metres (18.9 m by 18.3 m)
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3.7 RESIDENTIAL ESTATE (RE)
3.7.1 PERMITTED USES
PRIMARY USES
Single detached dwelling.
ACCESSORY USES
Accessory dwelling unit;
Home occupation.
3.7.2 ZONE PROVISIONS
a) Minimum Lot Area: 0.6 ha
b) Minimum Lot Frontage:
50 m
c) Minimum Front Yard:
15 m
d) Minimum Rear Yard:
15 m
e) Minimum Interior Side Yard:
6 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 20%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Minimum Gross Floor Area for Single Detached Dwelling: 120 m²
j) Maximum Height of Accessory Buildings:
6 m
k) Maximum Number of Accessory Buildings:
3
l) Maximum Gross Floor Area of All Accessory Buildings:
64 m²
m) Development may be permitted on private services.
3.7.3 RESIDENTIAL ESTATE ZONE EXCEPTIONS
RE-1
Part Lots 38, 39, & 40, Concession 12, Formerly Nottawasaga
(Angus Drive, Angus Crescent, 010-012-10500)
(Osler Pines Rd, Osler Pines Court, 010-012-10500)
Part Lots 38 & 39, RP 51R13478, RP 51R14056, Concession 2, Formerly
Nottawasaga
(Oslerview Drive, Oslerview Crescent, 010-012-09601)
Altered or Additional Provisions:
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Maximum number of leased lots (Angus Drive & Angus Crescent):
45
Maximum number of leased lots (Osler Pines Rd & Osler Pines Court):
28
Maximum number of leased lots (Oslerview Drive & Oslerview Crescent): 28
Minimum Lot Area: 0.13 ha
Minimum Lot Frontage: 30 m
Minimum Yards:
Front:
6 m
Rear:
6 m
Interior Side:
1.2 m
Exterior Side:
4.5 m
Maximum Lot Coverage:
30%
Maximum Height of Principle:
11 m
Buildings and Structures
Minimum Gross Floor Area:
120 m²
Accessory Buildings:
Minimum Yards:
Front:
Prohibited
Rear:
3 m
Interior Side:
1.2 m
Exterior Side:
4.5 m
Maximum Height:
4.5 m
Maximum Number:
3
Maximum Gross Floor Area: 64 m²
Notwithstanding the definitions of a lot in this By-law, where lands are zoned
Residential Estate Zone Exception No.1 (RE-1) a lot shall mean a leased lot as shown
on the Osler Bluff Ski Club Ltd Lot Plan and the above provisions shall apply to the
leased lots.
RE-2
West Part Lot 42, Concession 12, Formerly Nottawasaga
(7956889 Grey Road 19, 010-012-11600)
Altered or Additional Provisions:
Notwithstanding the requirement for a minimum lot area of 0.6 ha, lots having
a lesser area, but more than 0.39 ha, as shown on the approved draft plan at
the time of adoption of this By-law, shall be deemed to comply with the
minimum lot area requirement.
Notwithstanding the requirement for a minimum lot frontage of 50 metres, lots
having a lesser frontage, but more than 39.9 metres, as shown on the approved
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draft plan at the time of adoption of this By-law, shall be deemed to comply
with the minimum lot frontage requirement.
Notwithstanding the requirements for a minimum interior side yard, the
minimum interior side yard on these lands shall be 5 metres.
RE-3
Part Lot 40, Concession 11, Formerly Nottawasaga
(Plan M183, M184)
(Plan 1570, Lots 1, 4, 6 to 14 Inclusive, 67, 68, 82, & 86)
(Plan 1569, Lots 12 & 15)
Altered or Additional Provisions:
Minimum Lot Area:
0.13 ha
Minimum Lot Frontage:
30 m
Minimum Yards:
Front:
10 m
Rear:
10 m
Interior Side:
5 m
Exterior Side: 8 m
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3.8 RESIDENTIAL HAMLET (RS)
3.8.1 PERMITTED USES
PRIMARY USES
Single detached dwelling; or,
Semi-detached dwelling.
ACCESSORY USES
Accessory dwelling unit;
Bed and Breakfast;
Home occupation
3.8.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.2 ha
b) Minimum Lot Frontage: 25 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
10 m
e) Minimum Interior Side Yard:
2.5 m
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Lot Coverage: 25%
h) Maximum Height of Dwelling:
11 m
i) Maximum Height of Accessory Buildings:
6 m
j) Maximum Number of Accessory Buildings:
3
k) Maximum Gross Floor Area of All Accessory Buildings:
100 m2
l) Development may be permitted on private services.
3.8.3 RESIDENTIAL HAMLET ZONE EXCEPTIONS
RS-1
Part of Park Lot 3, Plan 141, Formerly Sunnidale
(154 Switzer Street, 040-002-20700)
Altered or Additional Provisions:
No dwelling shall be more than 33 metres from the front lot line;
All openings of dwellings shall be at least 0.3 metres above the regulatory
flood elevation of 219.58 metres;
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RS-3
NE 1/2 Lot 36 Concession 7; Pts 10-12 RP51R25964
(2416 Concession 6 North, 010-005-69910)
Altered or Additional Provisions:
Maximum number of Accessory Buildings:
4
Maximum Gross Floor Area of All Accessory Buildings:
128m2
Notwithstanding Section 2.6.1.2 of By-law 06-54, the existing accessory
building not exceeding 10.5m2 may be located closer to the front lot line than
the front wall of the primary building in its existing location.
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3.9 RESIDENTIAL LARGE LOT (RS1)
3.9.1 PERMITTED USES
PRIMARY USES
Single detached dwelling.
ACCESSORY USES
Accessory dwelling unit;
Bed and Breakfast;
Home occupation
3.9.2 ZONE PROVISIONS
a) Minimum Lot Area:
1400 m2
b) Minimum Lot Frontage: 22 m
c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
7.5 m
e) Minimum Interior Side Yard:
1.5 m
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage: 25%
h) Maximum Height of Dwelling: 11 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
2
k) Maximum Gross Floor Area of All Accessory Buildings:
64 m2
l) New development of residential buildings and new accessory dwelling units
may be permitted on private or partial services where:
i.
Municipal services do not currently exist; and,
ii.
The owner has submitted to the satisfaction of the Township proof of
adequate servicing capability which services will not detrimentally impact
neighbouring properties or the environment.
3.9.3 RESIDENTIAL LARGE LOT ZONE EXCEPTIONS
RS1-1
Part of Lots 39, Lot 41, 42, 43 and 44, Plan 315, Block 1, Plan 138, Formerly
Creemore
(79 Mary Street, 030-001-01600)
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Altered or Additional Provisions:
Building Envelope will be 19.6 m by 44.6 m
RS1-2
Part of Lot 11, Concession 4, Formerly Sunnidale
(5156 County Road 9, 040-002-15200)
Altered or Additional Provisions:
Minimum Lot Frontage: 18 m
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3.10 RESIDENTIAL LOW DENSITY (RS2)
3.10.1 PERMITTED USES
PRIMARY USES
Single detached dwelling.
ACCESSORY USES
Accessory dwelling unit;
Bed and Breakfast;
Home occupation
3.10.2 ZONE PROVISIONS
a) Minimum Lot Area:
750 m2
b) Minimum Lot Frontage: 18.5 m
c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
1.5 m
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage: 45%
h) Maximum Height of Principal Buildings and Structures:
10 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
2
k) Maximum Gross Floor Area of All Accessory Buildings:
64 m2
l) New development, including a new accessory dwelling unit, shall occur on full
municipal services.
3.10.3 RESIDENTIAL LOW DENSITY ZONE EXCEPTIONS
RS2-1
South Part of Market Square, Plan 68, Formerly Stayner
(226 Charles Street, 020-022-16700)
Additional Permitted Uses:
Fiveplex
Altered or Additional Provisions:
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Minimum Yards:
o Interior Side (East):
1.2 m
o Interior Side (West):
1.7 m
Minimum Landscaped Screen Width Adjacent to Parking Lot: 1 m
RS2-2
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Altered or Additional Provisions:
Notwithstanding the definitions of Section 4.0 of By-law 06-54, the following
amended definition shall apply to lands zoned RS2-2:
o Notwithstanding the definition of height and maximum height, a turret and
decorative roof elements shall not be included in the calculation of
maximum height;
Minimum Lot Area:
600 m²
Minimum Lot Frontage:
15 m
Minimum Exterior Side Yard:
4 m
Maximum Lot Coverage: 50%
Maximum Height of Principle and Structures: The lesser of 13 m or 3 stacked
storeys, and the number of storeys shall be measured only in the principle
portion of the building, and a floor above a garage or in a side split or back
split unit shall not be considered an additional storey for the purposes of this
by-law;
There shall be a maximum of 76 lots, each developable as one single
detached unit in the RS2-2 Zone;
Where an accessory garage is located in a rear yard, no dwelling unit on the
same lot shall be located within 6 m of the accessory garage.
RS2-3
Part Lots 16 and 17, Plan 68, Formerly Stayner
(235 John Street, 020-002-11700)
Altered or Additional Provisions:
Minimum Lot Area:
500 m²
Maximum Lot Coverage
50%
RS2-4
Part Lots 16 and 17, Plan 68, Formerly Stayner
(235 John Street, 020-002-11700)
Altered or Additional Provisions:
Minimum Lot Area:
500 m²
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Minimum Front Yard:
2.7 m
Minimum Exterior Side Yard:
0.27 m
Maximum Lot Coverage
50%
RS2-5
Part of Lots 7 & 8, Plan 68, Formerly Stayner
(265 Superior Street, 020-001-20704 & 208 Thomas Street, 020-001-20710)
Additional or Altered Provisions:
Minimum Lot Area: 580 m2
Maximum Lot Coverage
50%
RS2-6
Part of Lots 6 & 7, Plan 68, Formerly Stayner
(269 Superior Street, 020-001-20704)
Additional or Altered Provisions:
Minimum Front Yard:
3 m
Maximum Lot Coverage
50%
RS2-7
Pt Lot 20, Plan 194; Pt 3 51R15039
214 North Street
Additional Permitted Uses:
Parking Area or Lot
RS2-8
Lot 10 & Part Lot 21 Plan 116
(5328 County Road 9)
Altered Provisions:
Minimum Exterior Side Yard:
3.3m
Allow development on partial services
RS2-10
Part of Lot 43 and Lot 44, Plan 315, formerly Creemore
(111 George Street)
Altered or Additional Provisions:
Interior Side Yard Setback (W): 1.3m
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Interior Side Yard Setback (E): 1.2m
Development can occur on partial services
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3.11 RESIDENTIAL MULTIPLE LOW DENSITY (RS3)
3.11.1 PERMITTED USES
PRIMARY USES
Duplex dwelling;
Single-detached dwelling;
Semi-detached dwelling;
ACCESSORY USES
Accessory dwelling unit in a single detached dwelling only;
Bed and Breakfast;
Home occupation
3.11.2 SINGLE DETACHED DWELLING ZONE PROVISIONS
a) Minimum Lot Area:
400 m2
b) Minimum Lot Frontage: 13.5 m
c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
1.2 m
f) Minimum Exterior Side Yard:
4 m
g) Maximum Lot Coverage: 50%
h) Maximum Height of Principal Buildings and Structures:
10 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
2 per residential unit
k) Maximum Gross Floor Area of All Accessory Buildings:
52 m2
3.11.3 SEMI-DETACHED AND DUPLEX DWELLING ZONE PROVISIONS
a) Minimum Lot Area:
230 m2 per unit
b) Minimum Lot Frontage: 7.6 m per unit
c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
1.2 m on exterior walls and 0 m on the
shared wall of a semi-detached dwelling
f) Minimum Exterior Side Yard:
4 m
g) Maximum Lot Coverage: 60%
h) Maximum Height of Dwelling: 10 m
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i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
2 per residential unit
k) Maximum Gross Floor Area of All Accessory Buildings:
52 m2
l) New development shall occur on full municipal services.
3.11.4 RESIDENTIAL MULTIPLE LOW DENSITY ZONE EXCEPTIONS
RS3-1(H7)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Single detached dwelling
Altered or Additional Provisions:
Notwithstanding the definitions of Section 4.0 of the By-law 06-54, the
following amended definition shall apply to lands zoned RS3-1:
o Notwithstanding the definition of height and maximum height, a turret and
decorative roof elements shall not be included in the calculation of
maximum height;
Maximum Lot Coverage: 60%
Maximum Height of Principle Buildings and Structures: The lesser of 13 m or 3
stacked storeys, and the number of storeys shall be measured only in the
principal portion of the building, and a floor above a garage or in a side split
or back split unit shall not be considered an additional storey for the purposes
of this by-law;
There shall be a maximum of 32 lots, each developable as one single
detached dwelling unit in the RS3-1 Zone;
Where an accessory garage is located in a rear yard, no dwelling unit on the
same lot shall be located within 6 m of the accessory garage;
RS3-2
Part of Lot 24, Plan 315, Formerly Creemore
(29 Elizabeth Street East, 030-001-07201)
Altered or Additional Provisions:
Minimum Front Yard: 11 metres
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RS3-4 (H12)
East and West Parts of Lot 25, Concession 1, Formerly Nottawasaga
Permitted Uses Restricted To:
Single Detached Dwelling;
Accessory Uses Restricted To:
Home Occupation
Accessory Dwelling Unit in a single-detached dwelling only
RS3-4 (H24)
East and West Parts of Lot 25, Concession 1, Formerly Nottawasaga
Permitted Uses Restricted To:
Single Detached Dwelling;
Accessory Uses Restricted To:
Home Occupation
Accessory Dwelling Unit in a single-detached dwelling only
RS3-7
Part of Lot 23, Concession 2, Formerly Nottawasaga
(251 Margaret Street, 010-002-09400)
Temporary Uses Permitted
Two (2) Model Homes and a parking area established in accordance with the
model home or residential sales office provisions in Section 2.39 of By-law 06-
54
The temporary use shall only be permitted for a period of 3 years from the
date that By-law 17-80 came into effect, where after this subsection shall be
deemed to be deleted from the By-law 06-54 and the zoning then reverting
back to the Development Area (DA-1) zone.
RS3-8
Part of Lot 27, Concession 2, Formerly Nottawasaga
(7662 Highway 26, 010-002-12901)
Altered Provisions:
Minimum Front Yard for Attached Garage 8 m
RS3-9
Part of Lot 27, Concession 2, Formerly Nottawasaga
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(7662 Highway 26, 010-002-12901)
Altered Provisions:
Minimum Lot Area 360 m2
Minimum Lot Frontage 12 m
Minimum Front Yard for Attached Garage 8 m
RS3-10
Part Park Lot 25, 194, Formerly Stayner
(369 Spruce Street)
Altered Provisions:
Maximum Height of Principal Buildings 11.5m
Maximum Lot Coverage 51%
RS3-11(H12)
Part of Park Lot 21, Plan 194
(211 North Street, 020-003-14900)
Altered Provisions:
Minimum Front Yard Setback for Garage 7m
Maximum Number of Accessory Buildings 1 per residential unit
Maximum Gross Floor Area for All Accessory Structures 22m2
Southern lot line along North Street shall be recognized as the front lot line
when determining frontage.
Single-detached Dwelling(s)
Minimum Lot Area 340 m2
RS3-12(H12)
Part of Park Lot 21, Plan 194
(211 North Street, 020-003-14900)
Altered Provisions:
Maximum Number of Accessory Buildings 1 per residential unit
Maximum Gross Floor Area for All Accessory Structures 22 m2
Single-detached Dwelling(s)
Minimum Lot Area 340 m2
RS3-12(H20)
Part of Park Lot 21, Plan 194
(211 North Street, 020-003-14900)
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Altered Provisions:
Maximum Number of Accessory Buildings 1 per residential unit
Maximum Gross Floor Area for All Accessory Structures 22 m2
Northern lot line along Street 'B' shall be recognized as the front lot line when
determining lot frontage for Block 2, as depicted within Draft Plan Drawing
No. DP
Single-detached Dwelling(s)
Minimum Lot Area 340 m2
RS3-13(H19)
Lots 6 to 10, Lots 20 & 21, Blocks 22, 23, 27 & Part of Lot 5; and Part of Sidell Drive
(Plan 51M-541); and Part of Park Lot 10 Plan 71, Formerly Nottawasaga
Altered or Additional Provisions:
Minimum Lot Area 360 m2
Minimum Lot Frontage 12 m
Parking areas, whether temporary or permanent, serving single-detached,
semi-detached, duplex and townhouse dwellings shall:
Not be located on the landscaped open space portion of a front yard and/or
side yard.
Not cover an area larger than fifty-two percent (52%) for a single-detached,
semi-detached and duplex dwelling or a townhouse dwelling of the total area
of the front yard and/or side yard in which the parking area is located.
RS3-14
Part of Lot 43 and Lot 44, Plan 315, North Part of Lots 35 and 36, Plan 315, CNR
ROW, formerly Creemore
(111 George Street & 101 Edward Street East)
Altered or Additional Provisions:
Notwithstanding Subsection 3.11.1, only a single detached dwelling is a
permitted use.
RS3-15
11 Locke Avenue
West Part Lot 36 Concession 2
Altered Provisions:
Minimum Lot Frontage
12 m
RS3-16
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Zones
21 Locke Avenue
West Part Lot 26 Concession 2, Part 14 51R658
Altered Provisions:
Minimum Lot Frontage
12m
RS3-17
3 Jonathan Court & 13 Locke Avenue
West Part Lot 26, Concession 2; RP 51R4188 Part 2
Altered Provisions:
Minimum Lot Frontage
12 m
RS3-18(H32)
263 Warden Street
Part Block 6 Plan 51M943
Altered or Additional Provisions:
Minimum Lot Frontage
12.5 m
RS3-19(H32)
263 Warden Street
Part Block 6 Plan 51M943
Altered or Additional Provisions:
Driveway may be located a minimum of 6.5 m from the intersection of the
front lot line and the exterior side lot line.
RS3-20(H32)
263 Warden Street
Part Block 6 Plan 51M943
Altered or Additional Provisions:
Driveway may be located a minimum of 8.5 m from the intersection of the
front lot line and the exterior side lot line.
RS3-21
Part of Lot 11, Concession 4, formerly Sunnidale
5202 County Road 9
Permitted Uses Limited to:
Single detached dwelling
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Altered or Additional Provisions:
Development can occur on partial services.
Parking lot width can be 45% wider than the lot frontage.
Parking lot area can be 46% coverage of the total area of the front yard.
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3.12 RESIDENTIAL MEDIUM DENSITY (RS4)
3.12.1 PERMITTED USES
PRIMARY USES
Fourplex;
Townhouse and link home dwelling units of up to 4 units per building;
Triplex
ACCESSORY USES
Home occupation.
3.12.2 ZONE PROVISIONS
a) Minimum Lot Area:
200 m² per residential unit
b) Minimum Lot Frontage:
6.1 m per unit
c) Minimum Front Yard:
6 m and 8 m where the driveway abuts the
dwelling
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
2 m and 0 m on any shared wall
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage: 60%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
1 per residential unit
k) Maximum Gross Floor Area of All Accessory Buildings:
52 m2
l) A minimum of 10 square metres of outdoor amenity space shall be provided
adjacent to and for the exclusive use of each residential unit. Notwithstanding
this requirement, where the units are stacked, the amenity area for units not
having ground floor access may be consolidated as a common area provided in
addition to any required landscape screens or buffers.
m) Common parking areas may be provided. All such parking areas shall be hard-
surfaced, shall include landscaping amenities and a landscaping screen shall be
provided to screen the common parking area from adjacent residential
properties. Common parking facilities shall be located no closer than 3 metres
to a lot line.
n) New development shall occur on full municipal services.
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3.12.3 RESIDENTIAL MEDIUM DENSITY ZONE EXCEPTIONS
RS4-1
Lot 18, Plan 68, Formerly Stayner
(238 Warrington Road, 020-001-16400)
Permitted Uses Restricted To:
Single detached dwelling;
Accessory dwelling unit within single detached dwelling;
One additional accessory dwelling unit in accessory detached building;
Altered or Additional Provisions:
Minimum Front Yard for existing dwelling: 4 metres
Minimum Rear Yard for accessory apartment in a detached accessory building:
5.5 metres
Minimum Exterior Side Yard for existing dwelling and accessory building: 3
metres
Accessory Apartment in Detached Accessory Building Provisions:
Minimum Habitable Area: 25 square metres
Accessory dwelling unit shall not be greater than 50% of the gross floor area
of the principle single detached dwelling including accessory dwelling unit
within;
Accessory dwelling unit in a detached building may occupy the entire
accessory building;
Accessory dwelling unit shall have separate sanitary and kitchen facilities;
and,
Accessory dwelling unit shall meet all other applicable provisions of the parent
by-law and any other fire, health, safety, or occupancy regulations or by-laws.
RS4-2 (H8)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Single detached dwelling;
Duplex;
Triplex;
Fourplex;
A home occupation in a single detached or duplex dwelling;
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In a triplex or fourplex dwelling unit, only a professional office as an accessory
use located in a residential dwelling in accordance with the provisions contained
in Section 2.11 is permitted, however notwithstanding those provisions, no
employees other than residents of the dwelling unit shall be permitted and no
external signage shall be permitted;
Altered or Additional Provisions:
Notwithstanding the definitions of Section 4.0 of By-law 06-54, the following
amended definition shall apply to lands zone RS4-2:
o Notwithstanding the definition of height and maximum height, a turret and
decorative roof elements shall not be included in the calculation of
maximum height;
Minimum Lot Areas:
o Single detached dwelling: 530 m²
o Duplex: 700 m²
o Triplex or Fourplex: 980 m²
Minimum Lot Frontages:
o Single detached or duplex dwelling: 13.5 m
o Triplex or Fourplex: 6 m per unit
Minimum Interior Side Yard for Fourplex: 3 m
Maximum Height of Principle Buildings and Structures: The lesser of 13 m or 3
stacked storeys, and the number of storeys shall be measured only in the
principle portion of the building, and a floor above a garage or in a side split or
back split unit shall not be considered an additional storey for the purposes of
this by-law;
Maximum Number of Accessory Buildings:
o Single detached dwelling: 1
o All other uses: 2
Maximum Gross Floor Area of Accessory Buildings:
o Triplex: 63 m²
o Fourplex: 86 m²
o All other uses: 52 m²
Minimum Required Driveway Width: 3 m
Maximum Dwelling Unit Count: 24
Outdoor Amenity Space:
o The amenity space for all units on a lot can be consolidated into a
common area or combination of common areas on a lot;
In addition to, and not withstanding any provisions of By-law 06-54, the
landscaped buffers and screens for Multiple Residential (3 or more units) zoned
RS4-2 shall comply with the following provisions:
o A landscaped buffer is not required along the front lot line and within the
front yard;
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o For a side lot line, a landscaped buffer is required. The landscape buffer
shall be located along the lot line between a location parallel to the main
front wall and extend to the rear lot line;
o Where a driveway abuts the side lot line, a landscaped buffer shall be
reduced to 1 metre and a solid fence shall be built from a point on the side
lot line located halfway between the main front wall and the main rear wall
to the rear lot line; and,
o Notwithstanding anything to the contrary, the landscape buffer and/or
screen can be reduced to a minimum of 0.3 metre in width between an
accessory building, a parking space, a parking aisle, an outdoor amenity
area, and a lot line provided that a fence with a minimum height of 1.8
metres is included within the landscape buffer/screen;
In addition to, and notwithstanding any provisions of By-law 06-54, the design
of parking spaces and common parking areas for Multiple Residential (3 or more
units) shall comply with the following provisions:
o Pedestrian walkways shall not be required;
o Parking shall be located no closer than 1 metre to an adjacent rear lot line,
and 0.3 m to a side lot line, of a lot used or intended to be used for a
residential use, provided that a fence with a minimum height of 1.8 m is
included within the landscaped buffer/screen;
o A parking area for a triplex or a fourplex shall not be permitted in the front
yard; and,
o Each parking aisle shall have a minimum width of 6 metres;
o Where an accessory garage is located in a rear yard, no dwelling unit on the
same lot shall be located within 6 metres of the accessory garage.
RS4-3 (H8)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Additional Definition: Dwelling, Sixplex
Means a separate building containing six (6) dwelling units divided horizontally into
two floors with each floor containing three (3) dwelling units.
Permitted Uses Restricted To:
Single detached dwelling;
Duplex;
Triplex;
Fourplex;
Sixplex;
A home occupation, as an accessory use, in a single detached or a duplex
dwelling;
In a triplex, fourplex, or sixplex dwelling unit, only a professional office as an
accessory use located in a residential dwelling in accordance with the provisions
contained in Section 2.11 is permitted, however notwithstanding those
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provisions, no employees other than residents of the dwelling unit shall be
permitted and no external signage shall be permitted;
Altered or Additional Provisions:
Notwithstanding the definitions of Section 4.0 of By-law 06-54, the following
amended definition shall apply to lands zoned RS4-3:
o Notwithstanding the definition of height and maximum height, a turret and
decorative roof elements shall not be included in the calculation of
maximum height;
Minimum Lot Areas:
o Single detached dwelling: 530 m²
o Duplex: 700 m²
o Triplex or Fourplex: 980 m²
o Sixplex: 1200 m²
Minimum Lot Frontages:
o Single detached or duplex dwelling: 15 m
o Triplex or Fourplex: 6 m per unit
o Sixplex: 5 m per unit
Minimum Interior Side Yard for a Fourplex and Sixplex: 4 m
Maximum Height of Principle Buildings and Structures: The lesser of 13 m or 3
stacked storeys, and the number of storeys shall be measured only in the
principle portion of the building, and a floor above a garage or in a side split or
back split unit shall not be considered an additional storey for the purposes of
this by-law;
Maximum Number of Accessory Buildings:
o Single detached dwelling: 1
o All other uses: 2
Maximum Gross Floor Area of Accessory Buildings:
o Sixplex: 125 m²
o Fourplex: 86 m²
o Triplex: 63 m²
o Other uses: 52 m²
Minimum Required Driveway Width: 3 m
Maximum Dwelling Unit Count: 72
Outdoor Amenity Space:
o Notwithstanding anything to the contrary, the amenity space for all units on
a lot can be considered into a common area or combination of common
areas on a lot;
In addition to, and notwithstanding any provisions of By-law 06-54, the
landscaped buffers and screens for Multiple Residential (3 or more units) zoned
RS4-3 shall comply with the following provisions:
o A landscaped buffer is not required along the front lot line and within the
front yard;
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Zones
o For a side lot line, a landscape buffer is required. The landscape buffer
shall be located along the lot line between a location parallel to the main
front wall and extend to the rear lot line;
o Where a driveway abuts the side lot line, a landscape buffer shall be reduced
to 1 metre and a solid fence shall be built from a point on the side lot line
located halfway between the main front wall and the main rear wall to the
rear lot line; and,
o Notwithstanding anything to the contrary, the landscaped buffer and/or
screen can be reduced to a minimum of 0.3 metre in width between an
accessory building, a parking space, a parking aisle, an outdoor amenity
area, and a lot line provided that a fence with a minimum height of 1.8
metres is included within the landscape buffer/screen;
In addition to, and notwithstanding any provisions of By-law 06-54, the design
of parking spaces and common parking areas for Multiple Residential (3 or more
units) shall comply with the following provisions:
o Pedestrian walkways shall not be required;
o Parking shall be located no closer than 1 metre to an adjacent rear lot line,
and 0.3 metres to a side lot line, of a lot used or intended to be used for a
residential use provided that a fence with a minimum height of 1.8 metres
is included within the landscaped buffer or screen;
Where an accessory garage is located in a rear yard, no dwelling unit on the
same lot shall be located within 6 m of the accessory garage.
RS4-4 (H12)
East and West Parts of Lot 25, Concession 1, Formerly Nottawasaga
Permitted Uses Restricted To:
Triplex;
Accessory Uses Restricted To:
Home Occupation
RS4-5 (H14)
Part of Lot 27, Concession 2, Formerly Nottawasaga
(7662 Highway 26, 010-002-12901)
Additional Uses:
Townhouse of up to Eight (8) units per building
Altered Provisions:
Minimum Front Yard for Attached Garage 8 m
Minimum Exterior Side Yard 4 m
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Zones
RS4-6 (H14)
Part of Lot 27, Concession 2, Formerly Nottawasaga
(7662 Highway 26, 010-002-12901)
Additional Uses:
Townhouse of up to Eight (8) units per building
Altered Provisions:
Minimum Lot Frontage 11 m
RS4-7(H12)
Park Lot 21, Plan 194, formerly Stayner
(211 North Street, 020-003-14900)
Altered Provisions:
Minimum Interior Side Yard Setback: 1.5 m
Maximum Number of Accessory Buildings: 1 per residential unit
Maximum Gross Floor Area for All Accessory Structures: 22 m2
Minimum Front Yard Setback: 6 m
RS4-8-H2
Pt Lot 25, Concession 2
Primary Uses are Limited to:
Townhouses up to 5 units per building
Notwithstanding anything to the contrary, altered or additional provisions include as
follows:
For the purposes of this zone the shortest lot line abutting the Condominium
Road shall be considered the lot frontage
Minimum Front Yard: 4.3 m and 6 m where the driveway abuts the dwelling
Unenclosed porch may encroach into the Front Yard: 2 m
Maximum Unenclosed Porch Size: 2 m in depth and 4 m width
Minimum Interior Side Yard to any other zone: 2.74 m
Minimum Interior Side Yard to Interior Property Line (between buildings):
2.19 m and 0 m on a shared wall
Minimum Exterior Side Yard to the Condominium Road: 4 m
Maximum Total Gross Floor Area for Accessory Buildings: 30 m2
Maximum Number of Accessory Buildings: 2
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Zones
3.13 RESIDENTIAL MULTIPLE MEDIUM DENSITY (RS5)
3.13.1 PERMITTED USES
PRIMARY USES
Townhouse of up to ten (10) units per building;
Two storey apartment dwelling of up to ten (10) units per building
ACCESSORY USES
Home occupation.
3.13.2 ZONE PROVISIONS
a) Minimum Lot Area:
200 m² per residential unit
b) Minimum Lot Frontage:
6.1 m per unit
c) Minimum Front Yard:
6 m and 8 m where the driveway abuts the
dwelling
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
2 m and 0 m on any shared wall
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage:
50%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
1 per residential unit
k) Maximum Gross Floor Area of All Accessory Buildings:
52 m2
l) A minimum of 10 square metres of outdoor amenity space shall be provided
adjacent to and for the exclusive use of each residential unit.
m) Common parking areas may be provided. All such parking areas shall be hard-
surfaced, shall include landscaping amenities and a landscaping screen shall be
provided to screen the common parking area from adjacent residential
properties. Common parking facilities shall be located no closer than 3 metres
to a lot line.
n) For an apartment dwelling, a common garbage storage facility shall be provided
within the building or shall be provided outside and screened in accordance with
the requirements of this By-law and shall be located no closer than 5 metres to
an adjacent property.
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Zones
o) To ensure compatibility with surrounding uses, landscaping and landscaping
screens and buffers shall be required in accordance with the requirements of
this By-law.
p) New development shall occur on full municipal services.
3.13.3 RESIDENTIAL MULTIPLE MEDIUM DENSITY ZONE EXCEPTIONS
RS5-1
Part Lots 42 & 49, Plan 196, Block 44, Plan 51M-839, Formerly Stayner
(Aspen Ridge Phase 2)
Altered Provisions:
Minimum Lot Area shall be 185 m2
Minimum Front Yard Setback for Attached Garage shall be 8 m
Minimum Interior Side Yard shall be 1.5 m
Encroachment for Front Porch into Minimum Front Yard 1 m
Maximum Lot Coverage: 60%
RS5-7(H19)
Lots 6 to 10, Lots 20 & 21, Blocks 22, 23, 27 & Part of Lot 5; and Part of Sidell Drive
(Plan 51M-541); and Part of Park Lot 10 Plan 71, Formerly Nottawasaga
Altered or Additional Provisions:
Minimum Lot Area 180 m2
Minimum Exterior Side Yard 5.8 m
Minimum Front Yard 8 m
No driveway shall be located within 8.8 m of the intersection of the front lot line
and the exterior side lot line on a corner lot.
No driveway shall be located closer than 1.0 m to any lot line except for a
shared driveway, driveways for multi-unit buildings, and with the exception that
the access to the parking area may cross a lot line.
RS5-8
Part of Lot 43 and Lot 44, Plan 315, North Part of Lots 35 and 36, Plan 315, CNR
ROW, formerly Creemore
(111 George Street & 101 Edward Street East)
Altered or Additional Provisions:
Minimum Lot Area:
170 m2 per residential unit
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Zones
3.14 RESIDENTIAL HIGH DENSITY (RS6)
3.14.1 PERMITTED USES
PRIMARY USES
Apartment dwelling of over 10 units or over two stories;
Townhouse or link homes of 10 or more units per building
Accessory Uses
Home occupation.
3.14.2 ZONE PROVISIONS
a) Minimum Lot Area:
181 m2 per residential unit
b) Minimum Lot Frontage: 30 m
c) Minimum Front Yard:
6 m and 8 m where the driveway abuts the dwelling
d) Minimum Rear Yard:
7.5 m
e) Minimum Interior Side Yard:
6.5 m and 0 m on any shared wall
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Height of Principal Buildings and Structures:
13 m
h) Maximum Height of Accessory Buildings:
4.5 m
i) Maximum Number of Accessory Buildings:
2
j) Maximum Gross Floor Area of All Accessory Buildings:
64 m²
k) Minimum Landscaped Open Space:
10%
l) Maximum lot coverage: 55%
m) A maximum of 35 residential units per hectare shall be permitted where more
than 50% of the required parking spaces are provided as outdoor parking. A
maximum of 50 residential units per hectare shall be permitted where
underground or indoor parking is provided for a minimum of 50% of the
residential units.
n) A minimum common outdoor amenity area of 6 square metres per residential
unit shall be provided in consolidated form in addition to any required
landscaped screen or buffers, and such area shall be exclusive of balconies, any
on-site community centre building or a swimming pool.
o) Common parking areas shall be provided. All such outdoor parking areas shall
be hard-surfaced and include landscaping amenities, and a minimum of 3
metres wide landscaping screen shall be provided to screen the common
parking area from adjacent residential properties. Common parking facilities
shall be located no closer than 3 m to a lot line.
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Zones
p) A common garbage storage facility shall be provided within the building or shall
be provided outside and screened in accordance with the requirements of this
By-law and shall be located no closer than 5 metres to an adjacent property.
q) To ensure compatibility with surrounding uses, landscaping and landscaping
screens and buffers shall be required in accordance with the requirements of
this By-law.
r) New development shall occur on full municipal services.
3.14.3 RESIDENTIAL HIGH DENSITY ZONE EXCEPTIONS
RS6-1 (H5)
Part of Lot 8, Concession 4, Part of Lot 33, RP 315, Formerly Creemore
(80 Edward Street East, 030-001-04700)
Permitted Uses Restricted To:
Reference in the following provisions to Blocks is made to the Blocks as shown on
the draft plan of condominium approved by Ontario Municipal Board Orders 0500
and 1023;
Block 1 shall be restricted to an apartment dwelling of no more than 18 dwelling
units
Blocks 2 and 3 shall be restricted to an apartment dwelling each which shall
collectively not exceed 54 dwelling units;
Notwithstanding the list of permitted uses, in Block 1 an area of 16 m in depth along
the southwestern portion of Mary Street and 42 m in width extending along Edward
Street and 60 m in depth extending along Edward Street in the remaining portion of
Block 1 and in Blocks 2 and 3, buildings and structures not required for landscaping,
amenities, parking or servicing, as approved by the municipality in site plan
approval, shall not be permitted.
Altered or Additional Provisions:
Each of Blocks 1, 2 and 3 shall be considered to be a lot, regardless of the
registration of a common elements condominium on this parcel fabric. All
related definitions with respect to lot lines and associated provision standards
shall be interpreted accordingly;
The front lot line of Block 1 shall be the lot line along Mary Street;
The front lot line of Block 2 and 3 shall be the lot line along Edward Street;
Minimum Lot Area: 0.6 ha
Minimum Lot Frontage:
o 69 m for Block 1
o 55 m for Block 2
o 65 m for Block 3
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Zones
o Minimum Front Yard: 7.0 m
o Minimum Rear Yard:
o 25 m for Block 1
o 9.0 m for Blocks 2 and 3
Minimum Interior Side Yard:
o 18 m for Block 1
o 9.0 m for Block 2
o 9.0 m for the west side lot line of Block 3
o 11 m for the east lot line of Block 3
Minimum Exterior Side Yard: 16 m for Block 1
Maximum Height of Principal Buildings: 13 m to the peak and 9 m to the
eaves
Maximum Number of Accessory Buildings: 1
Minimum Landscaped Open Space: 30%
Accessory refuse storage structures and buildings may be located no closer
than 5 m to any interior lot line other than the rear lot line.
A landscaped screen shall be required and shall be installed along:
o The northern side lot lines of Block 1;
o The rear lot lines of Block 2 and 3; and,
o The east side lot line of Block 3.
o A landscaped buffer shall be required along the front lot line of Block 1.
A landscaped buffer with a minimum width of 16 m shall be provided along the
external side lot line of Block 1 and the front lot lines of Blocks 2 and 3. The
landscaping buffer shall also incorporate a masonry or stone wall of a minimum
height of 1m along the southerly perimeter of all parking areas to be
constructed on Blocks 1, 2 and 3.
The parking spaces required for the development of Blocks 1, 2 and 3 may be
provided collectively through distribution of parking facilities on all three Blocks.
The total amount of parking required shall therefore be calculated on the basis
of the total amount of development on Blocks 1, 2 and 3.
An additional area equal to ten percent (10%) of the required parking area shall
be provided for snow storage.
Parking areas and access to the parking area may cross a lot line where shared
contiguous parking facilities are provided.
All artificial lighting used to illuminate a parking area, maneuvering space, or
driveway shall be arranged and shielded as to prevent direct glare from the
light source onto any public street, or onto adjacent property other than Blocks
1, 2 or 3.
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Zones
RS6-1
Part Lot 33 Plan 315; Part 1 RP 51R5173
121 Mary Street (030-001-04700)
Permitted Primary Uses restricted to:
Apartment building(s) having a combined maximum of 72 dwelling units
Accessory Uses restricted to:
Accessory buildings
Home occupations
Zone Provisions or Additional or Altered Provisions
Loading spaces are required to be setback a minimum of 3 m to property
lines;
An apartment building may include an underground parking structure;
A landscape buffer having a minimum width of 16 m shall be provided along
the exterior side yard (Edward Street);
No buildings or structures are permitted within the landscape buffer except
the
stormwater
management
pond,
emergency
road
and
utility
infrastructure; and
Masonry or stone fences will be minimum height of 1 m along the southerly
perimeter of all parking areas.
Minimum Lot Areas
16,000 m2
Minimum Frontage
25 m
Minimum Front Yard (West)
55 m
Minimum Rear Yard (East)
15 m
Minimum Exterior Side Yard (North)
10 m
Minimum Exterior Side Yard (South)
65 m
Maximum Lot Coverage
20%
Minimum Landscape Open Space
60%
Maximum Number of Stories
3
Maximum Height of Buildings to Peak 16 m
Maximum Number of Accessory 7(this will include utility buildings)
Buildings
Maximum Gross Floor Area of 400 m2
Accessory Buildings
Minimum Size of Loading Space 3m x 9m
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Zones
RS6-2 (H15)
Lots 10-14 Melville Street, Plan 296, Part Lot 9, 10 to 16 River Lane, Plan 410, Part
Lot 36, Concession 9, Formerly Nottawasaga
(23 Melville Street, 010-006-15300)
Altered or Additional Provisions:
Maximum Number of Dwelling Units: 22
Minimum Dwelling Unit Size: 34 square metres
Maximum Height of the fence on the northern property line will be 1.8
metres;
No landscaping islands will be required for every 10 parking spaces;
No landscaping screen will be required for the loading space;
The loading space will be permitted to be located in front of the main wall of
the building;
The loading space access aisle will be permitted to be 6 metres in width;
Parking space size will be permitted to be 2.75 metres by 5.8 metres;
Disabled parking space size will be permitted to be 4.6 by 5.8 metres;
Minimum parking aisle will be permitted to be 6 metres in width;
Driveway width will be permitted to be 6 metres in width;
Parking will be permitted to be located 2.5 metres from the north lot line and
1.5 metres from the front lot line;
Minimum landscaping screen between the parking area and the adjacent
residential property and lot lines will be 1.5 metres in width;
The development will be permitted to develop on private services;
Interior side yard setback on the northern property line in front of the building
will be permitted to be 2.5 metres.
RS6-3 (H9)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Single detached dwelling;
Townhouse dwelling of no more than 8 units per building;
A home occupation, as an accessory use, in a single detached dwelling;
In a townhouse dwelling unit, only a professional office as an accessory use
located in a residential dwelling in accordance with the provisions contained in
Section 2.11 is permitted, however notwithstanding those provisions, no
employees other than residents of the dwelling unit shall be permitted and no
external signage shall be permitted;
Altered or Additional Provisions:
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Zones
Notwithstanding the definitions of Section 4.0 of By-law 06-54, the following
amended definition shall apply to lands zoned RS6-3:
o Notwithstanding the definition of front lot line, a front lot line shall include
a lot line which divides a lot from a private street in a plan of
condominium;
o Notwithstanding the definition of lot frontage, lot frontage shall include the
horizontal distance along the street line of a private street measured
between the interior side and/or exterior side lot lines in a plan of
condominium;
o Notwithstanding the definition of height and maximum height, a turret and
decorative roof elements shall not be included in the calculation of
maximum height;
Minimum Lot Areas per unit:
o Single detached dwelling: 360 m²
o Townhouse unit: 180 m²
Minimum Lot Frontages per unit:
o Single detached dwelling: 12.2 m
o Townhouse unit: 6 m
Minimum Yard Setbacks for a Townhouse Dwelling:
o Interior and Exterior Side Yard: 3 m, 0 m for a shared wall
o Front Yard: 6 m
o Rear Yard: 5 m
Minimum Yard Setbacks for a Single Detached Dwelling:
o Front Yard Setback: 6 m
o Exterior and Interior Side Yard: 1.2 m
o Rear Yard Setback: 5 m
Maximum Height of Principle Buildings and Structures: 10.5 m or 2 stacked
storeys, and the number of storeys shall be measured only in the principal
portion of the building, and a floor above a garage or in a side split or back
split unit shall not be considered an additional storey for the purposes of this
by-law;
Maximum Number of Accessory Buildings: 1 per unit
Maximum Gross Floor Area of Accessory Buildings:
o Single detached dwelling: 20 m²
o All other dwelling uses: 10 m² per unit
Parking Areas:
o Common parking areas are not required, but may be provided. Where
parking is not provided in a common area, the parking requirement shall
be satisfied with the required number of parking spaces in association with
each dwelling unit;
Minimum Paved Width of a Private Street: 7 m
Maximum Dwelling Unit Count: 149 units
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Zones
In addition to, and notwithstanding any provisions of By-law 06-54, the
landscaped buffers and screens for Multiple Residential (3 or more units)
zoned RS6-3 shall comply with the following provisions:
o A landscaped buffer is not required along the front lot line and within the
front yard;
o For a side lot line the landscape screen shall commence from the main
front wall to the rear lot line for external townhouse units in a townhouse
dwelling;
o A landscape screen is not required between two townhouse dwelling units
within the same townhouse building;
o A fence, of a minimum height of 1.8 m shall separate rear yards of
abutting townhouse units.
RS6-4 (H10)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Fourplex;
Sixplex;
A professional office as an accessory use located in a residential dwelling in
accordance with the provisions contained in Section 2.11, however
notwithstanding those provisions, no employees other than residents of the
dwelling unit shall be permitted and no external signage shall be permitted;
Altered or Additional Provisions:
Notwithstanding the definitions of Section 4.0 of By-law 06-54, the following
amended definition shall apply to lands zoned RS6-4:
Minimum Lot Areas:
o Fourplex Dwelling Building: 980 m²
o Sixplex Dwelling Building: 1300 m²
Minimum Lot Frontages:
o Fourplex: 5.5 m per unit
o Sixplex: 5 m per unit
Minimum Front Yard Setback: 6 m
Minimum Interior Side Yard Setback: 3 m
Minimum Exterior Side Yard Setback: 4 m
Maximum Height of Principle Building and Structures: The lesser of 13 m or 3
stacked storeys, and the number of storeys shall be measured only in the
principal portion of the building, and a floor above a garage or in a side split or
back split unit shall not be considered an additional storey for the purposes of
this by-law;
Maximum Height of Accessory Buildings abutting County Road 9 is 6 m;
Maximum Number of Accessory Buildings:
2 per building
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Zones
Maximum Gross Floor Area of all Accessory Building for each Fourplex or
Sixplex Dwelling:
o Fourplex: 86 m²
o Sixplex: 125 m²
Minimum Required Driveway Width: 3 m
Minimum Paved Width of a Private Street: 7 m
Maximum Dwelling Unit Count: 70
Maximum amount of Fourplex Dwelling Buildings: 7
Maximum amount of Sixplex Dwelling Buildings: 7
Outdoor Amenity Space:
o The amenity space for all units on a lot can be consolidated into a
common area or a combination of common areas on a lot;
Additional Regulations for Accessory Buildings and Structures:
o No accessory building or structure shall be located within 1 metre of a side
lot line;
In addition to, and notwithstanding any provisions of By-law 06-54, the
landscaped buffers and screens for Multiple Residential (3 or more units)
zoned RS6-4 shall comply with the following requirements:
o A landscaped screen/buffer is not required along the front lot line and
within the front yard;
o For a side lot line, a landscape buffer is required. The landscape buffer
shall commence from the main front wall to the rear lot line;
o Where a driveway or parking area abuts the side lot line, a landscape
buffer shall be reduced to 1 metre; and,
o The landscape buffer and/or screen can be reduced to a minimum of 1
metre in width between accessory building or a parking space and a lot
line, provided that a fence with a minimum height of 1.8 metres is
included within the landscape buffer/screen;
Parking Standards for Multiple Residential (3 or more units):
o Minimum Required Parking: 1.5 per unit located on the lot of the fourplex
or sixplex dwelling; and,
o Minimum Required Visitor Parking: 0.5 spaces for every 3 dwelling units
which may be provided on the same lot as the dwelling units or may be
located within the lands zoned RS6-4 as provided for in an approved site
plan and plan of condominium;
In addition to, and notwithstanding any provisions of By-law 06-54, the
design of parking spaces and common parking areas for Multiple Residential
(3 or more units shall comply with the following provisions:
o Pedestrian walkways shall not be required;
o Parking shall be located no closer than 1 metre to an adjacent lot line of a
lot used or intended to be used for a residential use;
o A parking area for a fourplex or a sixplex shall not be permitted in the
front yard; and,
o Each parking aisle shall have a minimum width of 7 metres;
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Zones
Where an accessory garage is located in a rear yard, no dwelling unit on the
same lot shall be located within 6 m of the accessory garage;
RS6-5 (H9)
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Apartment dwellings;
Townhouse or link homes of a maximum of four units per building and one
storey;
A professional office as an accessory use located in a residential dwelling in
accordance with the regulations contained in Section 2.11, however
notwithstanding those regulations, no employees other than residents of the
dwelling unit shall be permitted and no external signage shall be permitted;
Accessory buildings or structures incidental to the permitted uses;
Accessory recreational uses to apartment dwellings;
Commercial uses permitted in the Neighbourhood Commercial (C5) Zone and
a café;
Altered or Additional Provisions:
Minimum Lot Area: A minimum of 1,000 m² plus 181 m² per dwelling unit
Maximum Dwelling Unit Count: 75
Maximum Height of Principal Buildings and Structures: The lesser of 13 m or
3 stacked storeys, and the number of storeys shall be measured only in the
principal portion of the building, and a floor above a garage or in a side split
or back split unit shall not be considered an additional storey for the purposes
of this by-law;
Commercial Uses are permitted in accordance with the zone provisions for
commercial uses in the Neighbourhood Commercial (C5) Zone with the altered
and additional provisions that:
o Such commercial uses must occupy the ground floor of an apartment
dwelling and the residential use must exceed 50% of the total gross floor
area of the building;
o The total gross floor area limitation of 200 m² applies to the entire area
zoned RS6-5;
o Garbage storage facilities shall be located within the building;
o Parking spaces for the commercial uses shall be separated from and
separately identified for the commercial use; and,
o The landscaping requirements shall be those which would apply to the
apartment dwelling.
RS6-6 (H13)
East and West Parts of Lot 25, Concession 1, Formerly Nottawasaga
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Zones
Permitted Uses Restricted To:
Townhouse of 10 or more units per building (by plan of condominium);
Apartment dwelling of 10 or more units with maximum height of three stories;
Accessory Uses Restricted To:
Home Occupation.
RS6-7 (H5)
Part of Lot 8, Concession 4, Pt Lot 33 RP315, Formerly Creemore
80 Edward Street East 030-001-04700
Permitted Primary Uses restricted to:
Apartment dwelling having a maximum of 18 dwelling units
Accessory Uses restricted to:
Accessory buildings
Home occupations
Zone Provisions or Additional or Altered Provisions
Parking spaces and loading spaces do not require setbacks to residential zones
or to the lots/blocks within the draft plan of subdivision and can be placed in
any yard pursuant to approved site plan;
Parking spaces required in the Residential High Density Exception (RS6-7) Zone
can be provided in the Residential High Density Exception Zone (RS6-1);
An apartment dwelling may include an underground parking structure;
Outdoor amenity spaces, landscape buffers and screens, parking areas, loading
spaces and garbage storage shall be implemented pursuant to the approved
site plan;
Outdoor amenity spaces, landscape buffers and screens required in the
Residential High Density (RS6-7) Zone can be provided in the Residential High
Density Zone (RS6-1);
A principal use or main building shall not be required for the construction and
use of accessory buildings/structures; and
Section 2.38 Outdoor Living Area for Lots in a Residential Zone to the By-law
06-54 shall not apply to those lands zoned RS6-1.
Minimum Lot Area: 1900 m2
Minimum Lot Frontage: 38 m
Minimum Front Yard (West): 6 m plus 0.1 m for every additional 0.3 m above
a height of 9m
Minimum Rear Yard (East): 6 m plus 0.1 m for every additional 0.3 m above a
height of 9m
Minimum Interior Side Yard (North): 4 m
Minimum Interior Side Yard (South): 0 m
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Zones
Maximum Lot Coverage: 60%
Minimum Landscaped Open Space: 10%
Maximum Hight of Buildings to Peak: 16 m
Maximum Number of Stories: 3
Maximum Number of Accessory Buildings: 2 (this will include the utility
building if required)
Maximum Gross Floor Area of Accessory Buildings: 64 m2
Total Loading Spaces: None
RS6-8(H29)
(31 Caroline Street West)
Lots 42-44 Plan 315
Altered Provisions:
Minimum Interior Side Yard (West)
3.8 m
Maximum Gross Floor Area of all Accessory Buildings
252 m2
Maximum of 36.7 residential units per hectare is permitted where more than
50% of the required parking spaces are provided as outdoor parking.
Outdoor parking area for the rear property line to provide 1.3 m wide
landscaping screen shall be provided to screen the common parking area from
adjacent residential properties.
Common parking facilities shall be located no closer to the rear property line
than 1.3 m
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Zones
3.15 DEVELOPMENT AREA (DA)
3.15.1 PERMITTED USES
PRIMARY USES
Single detached dwelling;
Produce farm;
ACCESSORY USES
Accessory dwelling unit;
Accessory farm produce road-side retail stand;
Accessory farm produce sales outlet;
Accessory farm winery or cidery;
Home industry;
Home occupation
3.15.2 ZONE PROVISIONS
a) Minimum Lot Area:
750 m2 or the existing lot area, whichever is
greater.
b) Minimum Lot Frontage: 18.5 m or the existing lot frontage, whichever is
greater.
c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
1.5 m
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage: 50%
h) Maximum Height of Principal Buildings and Structures:
10 m
i) Maximum Height of Accessory Buildings:
4.5 m
j) Maximum Number of Accessory Buildings:
2
k) Maximum Gross Floor Area of All Accessory Buildings:
64 m2
l) Farm Produce Sales Outlet and Farm Winery or Cidery Provisions:
i.
Any buildings dedicated to a Farm Produce Sales Outlet and Farm Winery
or Cidery shall not exceed 250 square metres in gross floor area and shall
be setback a minimum of 30 metres from any residential use other than a
residential use on the same lot, including any outdoor patio or seating
area. Further, any outdoor patio or seating area shall not exceed 93 square
metres in area.
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3.15.3 DEVELOPMENT AREA ZONE EXCEPTIONS
DA-1
Part of Lot 23, Concession 2 East, Formerly Stayner
(247 Margaret Street, Ashton Meadows, 010-002-09400)
Additional Permitted Uses:
Golf course and driving range with accessory structures and uses.
DA-2
Part of Lot 26, Concession 3, Formerly Nottawasaga
(7603 Highway 26, 010-002-17800)
Additional Permitted Uses:
Livestock, including any cattle, chickens, turkeys, or other fowl, fur bearing
animals, pigs and hogs are permitted until 13 February 2009 or, until occupancy
is granted for on the adjacent property to the south which is zoned C4-1(H).
DA-3
Lot 21 Concession 4, Part of Lot 12 Concession 4, Formerly Sunnidale
(5080 & 4916 County Road 9, 10434 County Road 10, 040-002-16200, 040-002-
17300, 040-002-15500)
Additional Permitted Uses:
Livestock are permitted until 11th day of January, 2019
Additional Provisions:
No buildings or structures will be permitted in association with the livestock
use
Livestock are permitted on approximately 34.71 ha of the subject lands as
shown on Schedule "1" of the By-law
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3.16 INSTITUTIONAL (IN)
3.16.1 PERMITTED USES
PRIMARY USES
Art gallery;
Career counselling centre;
Cemetery, including an accessory funeral home or a crematorium;
Daycare centre;
Government office or government works building;
Hospital or health care centre;
Job training centre;
Library;
Museum;
Place of worship;
Public works yards and facilities with accessory outdoor storage;
School or education facility
Fire Hall
3.16.2 ZONE PROVISIONS
3.16.2.1 For Privately or Partially Serviced Development
a) Minimum Lot Area:
0.4 ha
b) Minimum Lot Frontage:
30 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
10 m
e) Minimum Interior Side Yard:
5 m
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Lot Coverage:
35%
h) Maximum Height of Principal Buildings and Structures:
14 m
i) Maximum Height of Accessory Buildings:
6.5 m
j) Maximum Number of Accessory Buildings:
3
k) Maximum Gross Floor Area of All Accessory Buildings:
100 m2
3.16.2.2 For Full Municipally Serviced Development
a) Minimum Lot Area:
750 m2
b) Minimum Lot Frontage:
18.5 m
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c) Minimum Front Yard:
6 m
d) Minimum Rear Yard:
6 m
e) Minimum Interior Side Yard:
1.5 m
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage:
50%
h) Maximum Height of Principal Buildings and Structures:
14 m
i) Maximum Height of Accessory Buildings:
6.5 m
j) Maximum Number of Accessory Buildings:
3
k) Maximum Gross Floor Area of All Accessory Buildings:
100 m2
l) To ensure compatibility with surrounding uses, landscaping and landscaping
screens and buffers shall be required in accordance with the requirements of
this By-law. Landscaping screens shall be used along lot lines adjacent to
residential uses and zones and shall have a minimum width of 3 metres.
3.16.3 INSTITUTIONAL ZONE EXCEPTIONS
IN-1
Lots 2, 3, 4, & 5, Plan 51M-541, Part 21, RP 51R36521, Formerly Stayner
(6993 Highway 26, 020-001-280-32-34-60-62)
Additional Permitted Uses:
An emergency services facility containing fire, ambulance, police and related
services as well as accessory buildings and structures;
Altered or Additional Provisions:
Minimum Parking: 66 spaces of which a minimum of 2 shall be designed for
persons with disabilities;
Loading spaces may be located within the building and no additional snow
storage space is required;
Parking design may allow a maximum of 13 spaces in a row uninterrupted by
landscaped island or peninsula;
Front lot line shall be the line separating the lot from the right-of-way of
Provincial Highway 26
IN-2
West Part of Lot 23, Concession 2, Formerly Nottawasaga
(209 Margaret Street and 1191 County Road 42, 010 002 09500 - 09600)
Permitted Uses Limited To:
School or educational facility;
Daycare centre;
Career counseling centre;
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Place of worship;
Job training centre;
Library;
Museum;
Art gallery;
Government office or government works building;
Hospital or health care centre;
Cemetery, including an accessory funeral home or a crematorium.
Altered or Additional Provisions:
No permanent buildings or structure shall be located or installed within 10
metres of the limit of the County Road No. 42 right-of-way, unless an exception
to this requirement has been approved in writing by the County of Simcoe, in
accordance with the County Road Setback By-law.
IN-4
East Part of Lot 10, Concession 13, Formerly Sunnidale
(4250 Concession 12, 040-003-23800)
Altered Provisions:
Minimum Front Yard Setback shall be 5 m
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3.17 INSTITUTIONAL RESIDENTIAL 1 (INR1)
3.17.1 PERMITTED USES
PRIMARY USES
Nursing home or assisted care facility;
Retirement home.
3.17.2 ZONE PROVISIONS
a) Minimum Lot Area:
1400 m2
b) Minimum Lot Frontage: 22 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
10 m
e) Minimum Interior Side Yard:
3 m
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Height of Principal Buildings and Structures:
11 m
h) Maximum Height of Accessory Buildings:
4.5 m
i) Maximum Number of Accessory Buildings:
2
j) Maximum Gross Floor Area of All Accessory Buildings:
150 m2
k) All new development shall be on full municipal services.
l) The maximum lot coverage shall be 55% however this may be increased to a
maximum of 75% coverage where a minimum of 75% of the required parking
spaces are provided as underground or indoor parking.
m) A minimum common outdoor amenity area of 6 square metres per residential
occupant shall be provided in consolidated form in addition to any required
landscaped strips or buffers, and such area shall be exclusive of balconies, any
on-site community centre building, or a swimming pool.
n) Common parking areas shall be provided. All such outdoor parking areas shall
be hard-surfaced, shall include landscaping amenities and a minimum 3 metre
wide landscaping screen shall be provided to screen the common parking area
from adjacent residential properties. Common parking facilities shall be located
no closer than 3 m to a lot line.
o) A common garbage storage facility shall be provided within the building or shall
be screened in accordance with the requirements of this By-law, and shall be
located no closer than 5 metres to an adjacent property.
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p) To ensure compatibility with existing uses, landscaping and landscaping screens
and buffers shall be required in accordance with the requirements of this By-
law.
q) Institutional Residential uses shall be considered to be multiple residential uses
in regard to the requirements for landscaping and parking standards (other than
the required number of spaces as specified in this By-law) and the applicable
provision shall apply in this context.
3.17.3 INSTITUTIONAL RESIDENTIAL 1 ZONE EXCEPTIONS
INR1-1
Part of Block M, Plan 214, Formerly Stayner
(212 Scott Street, 020-001-00500)
Permitted Uses Limited To:
No primary or accessory buildings and structures shall be permitted to expand
or enlarge beyond those that existed on May 1, 1996.
INR1-2
W Pt Lot 25 Concession; Part of Block 39 Draft Plan Approved Estate of Clearview
Subdivision
Additional Permitted Uses:
Clinic, Medical
Dwelling Unit, Apartment
Business or Professional Office
Personal Service Shop
Bake Shop
Restaurant
Altered or Additional Provisons:
Maximum Height of Principal Buildings and Structures 18 m
Maximum Height of Accessory Buildings 7 m
Minimum Number of Loading Spaces 2 spaces
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3.18 RECREATION LANDS (REC)
3.18.1 PERMITTED USES
Any of the following principal uses where not a commercial use and not intended for
profit:
PRIMARY USES
Arena;
Community centre;
Existing campground;
Fairground;
Fitness centre;
Library;
Nature interpretation centre;
Ornamental greenhouse and botanical garden;
Passive recreational and conservation uses;
Recreation and athletic facility;
Theatre;
Wildlife management area
ACCESSORY USES
Accessory restaurant;
Accessory retail sales.
3.18.2 ZONE PROVISIONS
a) Minimum Lot Area:
No Minimum
b) Minimum Lot Frontage:
No Minimum
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
15 m
e) Minimum Interior Side Yard:
15 m
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Lot Coverage:
40%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Maximum Height of Accessory Buildings:
11 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
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3.18.3 RECREATION LANDS ZONE EXCEPTIONS
REC-1
South Part of Lot 4, Concession 6, Formerly Sunnidale
(5867 County Road 9, 040-002-03202)
Permitted Uses Limited To:
Campgrounds
REC-2
Part of Lot 35, Concession 5, RP 51R11038 Part 1, 2 and 3, Formerly Nottawasaga
(2220 Fairgrounds Road North, 010-005-00950)
Notwithstanding the permitted uses of the Recreation Lands Zone, the following
additional or altered provisions shall apply:
Truck and Tractor Pull;
Demolition Derby;
Mud Bog Competition.
The additional or altered provisions shall be limited to no more than two (2)
occurrences per year.
REC-3
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Walking trails;
Municipal well;
Water treatment facility.
REC-4
Part of Lot 8 and Part of the North and South Halves of Lot 9, Concession 4,
Formerly Creemore
Permitted Uses Restricted To:
Walking trails;
Drainage channel;
Stormwater management facilities.
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3.19 COMMERCIAL RECREATION LANDS (RECC)
3.19.1 PERMITTED USES
PRIMARY USES
Any of the following principal uses operated on a commercial and/or private member
basis:
All uses permitted in the Recreation Lands (REC) Zone;
Arena;
Assembly hall;
Conference centre;
Equestrian facility;
Fish camp;
Fitness centre;
Golf course;
Golf driving range;
Hotel;
Recreation and athletic facility;
Restaurant;
Ski facility;
Theatre
ACCESSORY USES
Accessory retail use;
Accessory outdoor display and sales.
3.19.2 ZONE PROVISIONS
a) Minimum Lot Area:
2 ha
b) Minimum Lot Frontage:
50 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
15 m
e) Minimum Interior Side Yard:
15 m
f) Minimum Exterior Side Yard:
7.5m
g) Maximum Lot Coverage:
40%
h) Maximum Height of Principal Buildings and Structures: 13 m
i) Maximum Height of Accessory Buildings: 11 m
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j) Maximum Number of Accessory Buildings: No Limit
k) Maximum Gross Floor Area of All Accessory Buildings: No Limit
l) Any garbage storage facility shall be located no closer than 5 metres to an
adjacent property in accordance with the requirements of this By-law shall be
screened.
m) Parking for customers shall be located no closer than 3 metres to an adjacent
property and shall be screened from any adjacent residential use in accordance
with the requirements of this By-law. The parking spaces attributable to a
temporary residential use shall be designated for the exclusive use of the
temporary residential occupants and shall be so signed and shall be physically
separated from the off-street parking spaces attributable to commercial uses.
3.19.3 COMMERCIAL RECREATION LANDS ZONE EXCEPTIONS
RECC-1
West Part Lot 42, Concession 12, Formerly Nottawasaga
(7956889 Grey Rd 19, 010-012-11600)
Permitted Uses Limited To:
Outdoor recreational facilities including picnic areas, tennis courts,
playgrounds and playing fields;
Passive recreation trails;
Conservation uses.
No buildings are permitted.
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3.20 GENERAL COMMERCIAL (C1)
3.20.1 PERMITTED USES
PRIMARY USES
Art gallery;
Commercial parking lot;
Commercial training school;
Data processing centre;
Farmer's market;
Financial service establishment;
Fitness centre;
Funeral home or crematorium;
Government, business, or professional offices;
Hotel or inn, but not a motel;
Laundromats and dry cleaning establishment;
Medical clinic;
Meeting hall and assembly hall;
Personal service shop;
Place of entertainment, but not an adult entertainment business;
Restaurant other than a drive-through or drive-in restaurant;
Retail store;
Service shop;
Veterinarian clinic
ACCESSORY USES
Accessory dwelling units;
Accessory outdoor display and sales.
3.20.2 ZONE PROVISIONS
a) Minimum Lot Area: 450 m²
b) Minimum Lot Frontage:
10 m
c) Minimum Front Yard:
0 m
d) Maximum Front Yard:
2 m (applies to buildings, not structures)
e) Minimum Rear Yard:
0 m unless adjoining a Residential Zone where the
minimum shall be 5 m
f) Minimum Interior Side Yard:
0 m unless adjoining a Residential Zone
where the minimum shall be 5 m
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g) Minimum Number of Stories:
2, of which the second storey gross floor area
shall be no less than 50% of the gross floor area of the first storey
h) Minimum Exterior Side Yard:
0 m
i) Maximum Lot Coverage: 65%
j) Maximum Height of Principal Buildings and Structures:
14 m
k) Maximum Height of Accessory Buildings:
10 m
l) Maximum Number of Accessory Buildings:
No Limit
m) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
n) Notwithstanding the maximum front yard requirement for buildings, buildings
existing at the time of adoption of this By-law may be expanded or enlarged
despite having a larger than required front yard.
o) Notwithstanding the above provisions, where a lot is serviced by a private
sewage disposal system, the minimum required lot size is 0.4 ha.
p) For developments where more than 50% of the required parking is provided
underground or enclosed in the building, the minimum lot coverage is increased
to 100%, although other applicable provisions including, but not limited to,
parking, loading, servicing, and landscaping screen and buffer requirements
must be met.
q) Commercial uses which are located in the Historic Downtown Cores as shown
on schedules to this By-law, and which are exempt from the parking
requirements of this By-law shall also be entitled to 100% lot coverage.
r) Maximum ratio of residential to commercial:
i.
No more than 25% of the ground floor area shall be used for a residential
use.
ii.
Where all or part of a residential use occurs on the ground floor, it shall be
located within the rear half of the building.
iii.
For buildings over one storey, no residential use may occur on the main
floor other than access to the residential use.
iv.
Any exterior garbage storage facility shall be screened in accordance with
the requirements of this By-law and shall be located no closer than 5
metres to an adjacent property used for residential purposes.
s) Parking for customers shall be located no closer than 3 metres to an adjacent
property and shall be screened from any adjacent primary residential use.
Screening is not required for a residential use which is accessory to a
commercial use. The parking spaces attributable to a accessory dwelling unit
shall be designated for the exclusive use of the residential occupants, and shall
be so signed, and shall be physically separated from the off-street parking
spaces attributable to commercial uses. Parking shall be provided to the rear
or side of the building.
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3.20.3 GENERAL COMMERCIAL ZONE EXCEPTIONS
C1-2
Part of Lot 15, Plan 315, Formerly Creemore
(3 Caroline Street East, 030-001-13100)
Altered or Additional Provisions:
Minimum Lot Area: 400 square metres
C1-4
Part of Block B, Plan 116, Formerly Sunnidale
(5273 County Road 9, 040-002-09000)
Additional Permitted Uses:
Plumbing contractor shop and office;
Altered or Additional Provisions:
Minimum Lot Area (private sewage disposal): 2500 square metres
Parking Spaces for Business Office: 1 space per 20 square metres of gross
floor area
Parking Spaces: 2 additional parking spaces over the number per use
Landscape screening or fence is not required between loading space and
residential use;
Truck deliveries are permitted to back in from the street;
The plumbing contractor ship and office shall not exceed 35% of the total
gross floor area of the ground floor area.
C1-6 (H14)
Part of Lot 27, Concession 2, Formerly Nottawasaga
(7662 Highway 26, 010-002-12901)
Additional Permitted Uses:
Restaurant including a drive through or take-out restaurant
Drive through associated with such uses as a bank, pharmacy, grocery store,
or like uses
Gas Bar
Motor Vehicle Washing Facility
Altered Provisions:
Minimum Number of stories shall be 1
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C1-7
Part of Lot 2 Plan 68; Part 4 51R8529
(201 Huron Street)
Additional Permitted Uses:
Daycare centre
Museum
Altered Zone Provisions:
Maximum Front Yard:
2.5m
Minimum Number of Stories:
1
Maximum Lot Coverage: 90%
Section 2.17 Historical Downtown Parking & Loading Exceptions applies to the
subject lands
C1-8
Part of Lot 24, Concession 2
(230, 232, 234 and 236 Huron Street and 217 Ontario Street)
Additional Permitted Uses:
Light custom workshop
Additional Zone Provisions:
Garage or overhead bay doors are not permitted to face Ontario or Huron
Street
C1-9
Part Lot 13 & 14 Plan 315
(143 & 145 Mill Street)
Prohibited Uses:
Dry Cleaning Establishment
Crematorium
Altered Provisions:
Minimum Number of Parking Spaces: 10 (including barrier free space)
Minimum Number of Barrier Free Spaces:
1
No Loading Spaces Required
Parking Area shall be located a minimum of .9 m from the interior side lot
line.
Landscaping Requirements shall be limited to planting beds located in the
parking lot as set out on the site plan.
No on-site snow storage is required
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C1-10
Plan 103 Pt Lot 1 E Pt Lot 2; Plan 103 Pt Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Pt Lots 1
and 15 RP;51R41424 Part 1; Pt Lot 14 Pt Lot 15; King St W Pt Lot 1 Quebec N,
Clearview
(7391-7411 County Road 91, 200 Sutherland Street South, 207-209 Quebec Street,
& 1018 County Road 42)
Additional Permitted Use
-
Restaurant including a drive-through restaurant
Additional or Altered Provisions:
-
Minimum Number of Storeys: 1
-
Minimum Barrier-free Parking Space Size: 2.4 m wide + 1.5 m wide shared
access aisle
-
No on-site snow storage is required. Snow storage requirements shall be
addressed through a Site Operations & Maintenance Manual to the satisfaction
of the Township
-
Bicycle parking requirement: 1.0 spaces per 300 sq. metres of gross floor
area
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3.21 COMMERCIAL TRANSITION 1 (CT1)
3.21.1 PERMITTED USES
PRIMARY USES
In addition to the uses of the underlying zone, the following additional uses are
permitted:
Accessory dwelling unit;
Art gallery;
Bed and Breakfast;
Business and professional offices;
Daycare centres:
Home occupation;
Medical clinics;
Personal service shop;
Restaurants except for drive-in or drive-through restaurants and not including
any outdoor serving or seating area;
Retail store;
Single-detached dwelling
3.21.2 ZONE PROVISIONS
a) In addition to the provisions of the underlying zone category, the following
provisions shall apply where a transitional commercial use occurs.
b) Parking for customers shall not be located any closer than 3 metres to an
adjacent property, and shall be screened from any adjacent residential use with
a landscaping screen. The parking spaces attributable to a residential use shall
be designated for the exclusive use of the residential occupants and shall be so
signed and shall be physically separated from the off-street parking spaces
attributable to commercial uses.
c) To ensure compatibility with existing uses, landscaping and landscaping screens
and buffers shall be required in accordance with the provisions of this By-law.
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3.21.3 Commercial Transition 1 Exceptions
CT1-1
Lot 28, Plan 102, Formerly Stayner
(7142 Highway 26, 020-001-04700)
Notwithstanding the permitted uses of the Commercial Transition 1, the following
additional or altered provisions shall apply:
A minimum side yard of 1.0 metres shall be permitted where the side lot
establishing the yard is fenced with a solid board fence with a minimum height
of 1.5 metres;
The landscape buffer strip required shall be reduced to a minimum of 1.0 metres
in width and a requirement for a solid board fence no less than 1.5 metres in
height along the side lot lines and the rear lot line (along Weir Street) except
for the area required for the laneway to/from the parking area. In the case of
the rear line the solid fence shall be placed a minimum of 1.0 metres into the
lot from the lot line and the landscaped buffer shall be placed between the lot
line and fence; and,
A minimum of seven (7) parking spaces are required for a therapy clinic of up
to three (3) practitioners.
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3.22 COMMERCIAL TRANSITION 2 (CT2)
3.22.1 PERMITTED USES
PRIMARY USES
In addition to the uses of the underlying zone, the following additional uses are
permitted:
Accessory dwelling unit;
Art gallery;
Bed and Breakfast;
Home occupation;
Retail store;
Single-detached dwelling
3.22.2 ZONE PROVISIONS
a) In addition to the provisions of the underlying zone category, the following
provisions shall apply where a transitional commercial use occurs.
b) Parking for customers shall not be located any closer than 3 metres to a
neighbouring property, and shall be screened from any adjacent residential use
with a landscaping screen. The parking spaces attributable to a residential use
shall be designated for the exclusive use of the residential occupants and shall
be so signed and shall be physically separated from the off-street parking
spaces attributable to commercial uses.
c) To ensure compatibility with existing uses, landscaping and landscaping screens
and buffers shall be required in accordance with the provisions of this By-law.
3.22.3 COMMERCIAL TRANSITION 2 EXCEPTIONS
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3.23 HIGHWAY COMMERCIAL (C2)
3.23.1 PERMITTED USES
PRIMARY USES
Commercial or car pool parking lot;
Gas bar;
Inns, hotels, and motels;
Motor vehicle wash facility;
Restaurant including a drive through restaurant;
Towing compound;
ACCESSORY USES
Accessory outside display and sales;
Accessory retail use
3.23.2 ZONE PROVISIONS
a) Minimum Lot Area:
450 m²
b) Minimum Lot Frontage:
15 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
7 m
e) Minimum Interior Side Yard:
3 m
f) Minimum Exterior Side Yard:
6 m
g) Maximum Lot Coverage:
40%
h) Maximum Height of Principal Buildings and Structures:
14 m
i) Maximum Height of Accessory Buildings:
11 m
j) Maximum Number of Accessory Buildings:
3
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
l) Notwithstanding the above provisions, where a lot is serviced by a private
sewage disposal system, the minimum required lot size is 0.4 ha.
m) Any new development and any outside display area shall have a minimum
setback from any residential building, other than a residential building on the
same lot, of 30 metres.
n) Any garbage storage facility shall be located no closer than 5 metres to an
adjacent property ad shall be screened in accordance with the provisions of this
By-law.
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o) Parking for customers shall be located no closer than 3 metres to an adjacent
property and shall be screened from any adjacent residential use with a
landscaping screen with a minimum width of 3 metres.
p) No fuel pump or full service island shall be located closer than 6 metres to a
front or exterior lot line. No fuel storage tank access shall be located with an
area required for parking.
q) To ensure compatibility between on and off site uses, landscaping and
landscaping screens and buffers shall be required in accordance with the
provision of this By-law.
3.23.3 HIGHWAY COMMERCIAL ZONE EXCEPTIONS
C2-2 (H1)
Part of Lot 11 WSR, Concession 11, Formerly Sunnidale
(12384 County Road 10, 040-003-14400)
Additional Permitted Uses:
Retail store.
Altered or Additional Provisions:
New development shall have a minimum setback from the existing residential
building on an adjacent lot of 15 metres;
Parking standards for restaurant (take out or drive through) shall be 2 spaces
per 20 square metres;
A solid noise fence shall be placed along the west side of the staking lane to
the Township's satisfaction and a sound impact study shall not be required.
C2-3
Part Block A, Plan 412, Formerly Stayner
(7109 and 7117 Highway 26, 020-001-23900 - 24000)
Additional Permitted Use:
Retail store
Additional or Altered Provisions:
Maximum entrance width at Highway 26: 12.57 m
Required number of parking stalls: 12 stalls
Minimum stacking land setback from the west residential use lot boundary: 2
m
Minimum landscape screen width adjacent to drive through stacking lane: 2 m
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Snow storage requirement as a percent of the total parking
and loading areas: 24%
C2-4
Permitted Uses Restricted to:
Restaurant and drive through;
Gas Bar;
Art gallery or artist studio;
Retail store;
One Accessory Apartment;
Farmer's Market
Additional or Altered Provisions:
No permanent buildings or structures shall be located or installed within 15
meters of the limit of the County Road No. 42 and County Road No. 9, unless
an exception to this requirement has been approved in writing by the County
of Simcoe, in accordance with the County Road Setback by-law
Notwithstanding any contrary provisions, snowmobile parking maybe permitted
in accordance with an approved site plan within 1.5m of the south property line
but shall not interfere with vehicular parking;
Maximum size of Outdoor Display and Sale is 54m2
Notwithstanding stacking lane requirements a minimum of (3) three parking
space before the order board and minimum of (9) nine parking spaces between
the order board and transition window shall be required
Minimum number of vehicular parking spaces shall be 54
C2-5
(794047 County Road 124, 4329-010-009-06703)
Altered or Additional Provisions:
Minimum Front Yard setback to existing gas pump
5.7 m
Minimum Front Yard setback to existing gas pump canopy 1.5 m
Minimum number of required parking spaces
23 spaces
Minimum number of required loading spaces
1 loading space
Location of loading space permitted to encroach a maximum of 7.5 m beyond
the front wall of the main building.
Minimum setback from stacking lane to property line
1.3 m
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3.24 SERVICE COMMERCIAL (C3)
3.24.1 PERMITTED USES
PRIMARY USES
Commercial parking lot;
Equipment sales and rental establishment;
Farm implement and supplies outlets and farm co-operative;
Gas bar;
Marine sales and service establishment;
Motor vehicle repair establishment;
Motor vehicle sales establishment;
Motor vehicle wash facility;
Recreational vehicle sales and service establishment;
Towing compound
ACCESSORY USES
Accessory outdoor display and sales;
Accessory outdoor storage.
Accessory restaurant
3.24.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.5 ha
b) Minimum Lot Frontage:
50 m
c) Minimum Front Yard:
15 m
d) Minimum Rear Yard:
7.5 m
e) Minimum Interior Side Yard:
7.5 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 40%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Maximum Height of Accessory Buildings:
11 m
j) Maximum Number of Accessory Buildings:
3
k) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
l) Any new development and any outside display area shall have a minimum
setback from any residential building, other than a residential building on the
same lot, of 30 metres.
m) Any garbage storage facility shall be contained within a solid fence and shall be
located no closer than 5 metres to an adjacent property.
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n) Parking for customers shall be located no closer than 3 metres to an adjacent
residential property and shall be screened from any adjacent residential use
with a landscaping screen with a minimum width of 3 metres. The parking
spaces attributable to a residential use shall be designated for the exclusive use
of the residential occupants and shall be so signed and shall be physically
separated from the off-street parking spaces attributable to commercial uses.
o) No fuel pump or full service island shall be located closer than 6 metres to a
front or exterior lot line. No fuel storage tank access shall be located with an
area required for parking.
p) To ensure compatibility between on and off site uses landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
Landscaping screens shall have a minimum width of 3 metres.
3.24.3 SERVICE COMMERCIAL ZONE EXCEPTIONS
C3-1
Part of Lot 22, Concession 2, Formerly Nottawasaga
(1247 County Road 42, 010-002-09301)
Additional Permitted Uses:
Building supply outlet;
Motor vehicle leasing establishment;
Commercial self storage facility;
Contractor's yard;
Garden centre;
Mobile home or trailer sales, service, and display centre;
Motel or hotel;
Motor vehicle repair establishment;
Motor vehicle sales establishment;
Plant nursery;
Prefabricated building sales and display centre;
Retail store;
Restaurant;
Farmer's market;
Truck terminal;
Veterinary clinic
Farm implement outlet;
Gas bar;
Light equipment sales, service and rental;
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Marine sales and service;
C3-2
South Half of Lot 10, Concession 5, Formerly Sunnidale
(2585 9/10 Sideroad, 040-002-22800)
Permitted Uses Limited To:
Recreational vehicle sales and service and parts supply
C3-3
Part of Lot 22, Concession 2, Formerly Nottawasaga
(1247 County Road 42, 010-002-09301)
Permitted Uses Limited To:
Garden centre;
Motor vehicle leasing establishment;
Motor vehicle sales establishment;
Motor vehicle repair establishment;
Marine sales and service;
Mobile home or trailer sales, service, and display centre;
Motel or hotel;
Plan nursery;
Restaurant, but not a drive through restaurant;
Retail store;
Farmers Market;
Truck terminal providing services to a winery, brewery, or food related
business or industry;
Accessory retail or wholesale sales establishment;
Accessory enclosed storage of equipment or supplies;
Accessory outdoor display and sales.
Altered or Additional Provisions:
Notwithstanding the definition of a Truck Terminal, as set out in Section 4 of
this By-law, goods and materials may be stored on-site for a period of up to
four months prior to being transferred or re-shipped;
Notwithstanding Section 2.27, in association with an active truck terminal use,
goods or materials may be temporarily stored in licensed truck trailers in
designated and appropriately screened truck trailers storage/parking areas.
Screening requirements for such truck trailer storage/parking areas shall be the
same as those established in Section 2.13.1 for outdoor storage areas and truck
loading areas;
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Truck trailer storage/parking spaces shall be considered loading spaces and
shall be designed in accordance with the requirements for Section 2.14.10.
Notwithstanding the requirements of Section 2.14.10(f), loading spaces used
for the storage or parking of truck trailers may be constructed of a porous
pavement surface or a stabilized grass surface (i.e. porous grass paving grid
surface). All other parking and loading spaces and access aisles shall meet the
requirements for Section 2.14.10(f);
Notwithstanding the requirements of Section 2.13.1, a landscaped screen shall
be required along the entire northerly and easterly lot lines and a landscape
buffer shall be required along all other lot lines;
Notwithstanding Sections 2.13.3, 2.14.4, and 2.19.8, or any other contrary
section of this By-law, the development of, or use of the lands in accordance
with the permitted uses of this site, shall require full compliance with the
general and zone provisions, unless other stipulated in this exception.
C3-4
Part of Lot 24, Concession 2, Formerly Stayner
(238 Huron Street, 020-001-15140)
Permitted Uses Limited To:
Motor vehicle repair establishment within the existing building;
All uses under the General Commercial (C1) Zone.
Light custom workshop
Altered or Additional Provisions:
The Service Commercial (C3) Zone provisions shall not apply and the General
Commercial (C1) Zone provisions shall apply to the entire lot.
Garage or overhead bay doors are not permitted to face Huron Street.
C3-5
Part of Lot 24, Concession 2, Formerly Stayner
(238 Huron Street, 020-001-15140)
Permitted Uses Limited To:
Recreational vehicle sales and display within the northern 20 metres of the
existing parking lot;
All uses under the General Commercial (C1) Zone
Light custom workshop
Altered or Additional Provisions:
The Service Commercial (C3) Zone provisions shall not apply and the General
Commercial (C1) Zone provisions shall apply to the entire lot.
Garage or overhead bay doors are not permitted to face Huron Street.
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C3-6
Parts of Lot 1 and 2, Plan 197, Formerly Nottawasaga
(7106 Highway 26, 010-002-04701)
Altered or Additional Provisions:
Minimum Lot Frontage: 40 metres
Minimum Front Yard: 5 metres
New Development and outside display area shall have a minimum setback
from any residential building, other than a residential building on the same
lot: 15 metres
C3-7
(15 Station Street)
Permitted Uses Limited to:
Building Supply Outlet
Outdoor Storage
Outdoor Display and Sales
Altered or Additional Provisions:
Minimum Lot Area
.47ha
Minimum Front Yard Setback
3 m
Exterior Side Yard Setback
3 m
Two entrances will be permitted.
Loading spaces
none required
Parking spaces
none required
Landscaping Screens
1.8 m high solid board fence along frontage.
1.8 m high solid board fence along west side
lot line and measured 19 m from front lot
line.
1.8 m high solid board fence along east side
lot line measured 13 m from front lot line.
Landscape Buffering
Tree planting along frontage, 7 coniferous
trees are required.
Outdoor storage and Outdoor Display and Sales Area maximum 500 m2.
No curbing or asphalting required.
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3.25 LARGE FORMAT COMMERCIAL (C4)
3.25.1 PERMITTED USES
PRIMARY USES
Art gallery;
Banquet halls;
Building supply outlet;
Financial service establishment;
Fitness centre;
Garden centre;
Government, business and professional offices;
Hotel;
Personal service shop;
Place of entertainment;
Restaurant including a drive-through restaurant;
Retail store;
Wholesale retail outlet;
ACCESSORY USES
Accessory outdoor display and sales.
3.25.2 ZONE PROVISIONS
a) Minimum Lot Area: 0.5 ha
b) Minimum Lot Frontage:
50 m
c) Minimum Front Yard:
3 m
d) Maximum Front Yard:
5 m (applies only to 60% of total building ground
floor area)
e) Minimum Rear Yard:
7.5 m
f) Minimum Interior Side Yard:
7.5 m
g) Minimum Exterior Side Yard:
15 m
h) Maximum Lot Coverage: 30%
i) Maximum Height of Principal Buildings and Structures:
14 m
j) Maximum Height of Accessory Buildings:
11 m
k) Maximum Number of Accessory Buildings:
3
l) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
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m) Maximum lot coverage may be increased to 60% where a two storey building
occurs and the second storey has a floor area no less than 50% of the first
storey floor area, or where a 5 metre maximum front yard for buildings occurs.
n) All development other than building supply outlets and nursery and garden
centres shall be full municipal services.
o) Any new development and any outside display area shall have a minimum
setback from any residential building, other than a residential building on the
same lot, of 30 metres.
p) Any garbage storage facility shall be contained within a solid fence and shall be
located no closer than 5 metres to an adjacent property.
q) Parking for customers shall be located no closer than 3 metres to an adjacent
property and shall be screened from any adjacent residential use with a
landscaping screen. The parking spaces attributable to a residential use shall
be designated for the exclusive use of the residential occupants and shall be so
signed and shall be physically separated from the off-street parking spaces
attributable to commercial uses.
r) To ensure compatibility between on and off site uses landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
Landscaped screens shall have a minimum width of 3 metres.
3.25.3 LARGE FORMAT COMMERCIAL ZONE EXCEPTIONS
C4-1
North Part of Lot 26, South Part of Lot 27, Concession 3, Formerly Nottawasaga
(7603 Highway 26, 010-002-17800)
Notwithstanding the regulations of the Commercial Large Format (C4) Zone, where a
property is zoned Commercial Large Format Hold (C4-1(H)), the following applies:
Altered or Additional Provisions:
Setback from a Rural Zone or Rural lot line: 8 m (Including parking areas and
structures)
Additional landscaping buffers shall be placed along the front yard as well as
interior side yards, and a landscape plan shall be provided to the satisfaction
of the Township as part of the site plan approval process;
Parking areas shall be paved with asphalt.
Permitted Uses Restricted To:
Outdoor storage is prohibited.
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C4-2
Part of Lot 38, Concession 8, Formerly Nottawasaga
(4473 County Road 124, 010-007-04500)
Permitted Primary Uses Restricted To:
Retail store;
Wholesale retail outlet;
Building supply outlet;
Garden centre;
Plant nursery;
Pool and patio supply outlet;
Permitted Accessory Uses Restricted To:
Accessory outdoor storage;
Altered or Additional Provisions:
Minimum interior side yard (south lot line applicable to an addition of up to
120 square metres): 4 metres
Development is permitted on private water and sanitary services.
C4-3(H30)(H31)
6934 & 7044 Highway 26
Altered or Additional Provisions:
Permit 'Medical Clinic' as additional permitted use.
Remove 'Building Supply Outlet' & 'Banquet Halls' as permitted uses.
Reduce the minimum number of required loading spaces for Building No. 1
(i.e., Retail Grocery Store) from four (4) loading spaces to one (1) loading
space.
Reduce the minimum required exterior side yard setback from 15 m to 9 m.
Remove the maximum front yard setback requirement of 5 m from the
subject lands.
Include a minimum required height requirement of 5.5 m for all commercial
buildings.
At such time as the Holding Symbol (H30) is removed, the following uses shall be
permitted on the lands:
Art gallery
Financial service establishment
Fitness centre
Garden centre
Government, business and professional offices
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Personal service shop
Place of entertainment
Retail store
Wholesale retail outlet
Medical clinic
C4-3(H31)
(6934 & 7044 Highway 26)
Altered or Additional Provisions:
Permit 'Medical Clinic' as additional permitted use.
Remove 'Building Supply Outlet' & 'Banquet Halls' as permitted uses.
Reduce the minimum number of required loading spaces for Building No. 1
(i.e., Retail Grocery Store) from four (4) loading spaces to one (1) loading
space.
Reduce the minimum required exterior side yard setback from 15 m to 9 m.
Remove the maximum front yard setback requirement of 5 m from the
subject lands.
Include a minimum required height requirement of 5.5 m for all commercial
buildings.
Restaurant including a drive-through restaurant
At such time as the Holding Symbol (H30) is removed, the following uses shall be
permitted on the lands:
Art gallery
Financial service establishment
Fitness centre
Garden centre
Government, business and professional offices
Personal service shop
Place of entertainment
Retail store
Wholesale retail outlet
Medical clinic
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3.26 NEIGHBOURHOOD COMMERCIAL (C5)
3.26.1 PERMITTED USES
PRIMARY USES
Retail store;
Personal service shop.
ACCESSORY USES
Accessory dwelling unit;
Accessory outside display and sales.
3.26.2 ZONE PROVISIONS
a) Minimum Lot Area:
1,000 m2
b) Minimum Lot Frontage: 20 m
c) Minimum Front Yard:
7.5 m
d) Minimum Rear Yard:
10 m
e) Minimum Interior Side Yard:
5 m
f) Minimum Exterior Side Yard:
7.5 m
g) Maximum Lot Coverage: 60%
h) Minimum Number of Stories:
2
i) Maximum Total Gross Floor Area of Commercial Use:
200 m2
j) Maximum Height of Principal Buildings and Structures:
10 m
k) Maximum Height of Accessory Buildings:
4.5 m
l) Maximum Number of Accessory Buildings:
2
m) Maximum Gross Floor Area of All Accessory Buildings:
64 m2
n) Notwithstanding the above provisions where a lot is serviced by a private
sewage disposal system, the minimum required lot size is 0.4 ha.
o) The maximum total gross floor area utilized for an accessory dwelling unit in a
building used for commercial uses shall not exceed 50% of the total gross floor
area of the building.
p) Any garbage storage facility shall be contained within a solid fence and shall be
located no closer than 5 metres to an adjacent property.
q) Parking for customers shall be located no closer than 3 metres to an adjacent
property and shall be screened from any adjacent primary residential use with
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a landscaping screen. Screening is not required for a residential use which is
accessory to a commercial use. The parking spaces attributable to a residential
use shall be designated for the exclusive use of the residential occupants and
shall be so signed and shall be physically separated from the off-street parking
spaces attributable to commercial uses.
r) To ensure compatibility between on and off site uses, landscaping and
landscaping screens and buffers shall be required shall be required in
accordance with the provisions of this By-law.
3.26.3 NEIGHBOURHOOD COMMERCIAL ZONE EXCEPTIONS
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3.27 RESTRICTED INDUSTRIAL (MR)
3.27.1 PERMITTED USES
PRIMARY USES
Any of the following uses which are intended to be light industrial and accessory
uses:
Adult entertainment businesses;
Assembly halls;
Broadcasting and communication establishments;
Commercial self-storage facility;
Dairy products plant;
Data processing centre;
Dry light manufacturing, processing, repairing, fabricating and assembly
operations;
Food processing establishment;
Home improvement outlets;
Industrial laundromats and/or dry-cleaning establishments;
Light equipment sales and rental establishments;
Moving company;
Warehouses;
Printing or publishing establishments;
Research establishments including laboratories;
Restaurant;
Towing compound;
Wineries and breweries
ACCESSORY USES
Accessory business and administrative offices;
Accessory outdoor storage;
Accessory outside display and sales;
An accessory retail outlet for the purpose of sale of goods and materials
produced on the premises.
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3.27.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.2 ha
b) Minimum Lot Frontage: 30 m
c) Minimum Front Yard:
15 m except where use on opposite side of the
street is industrial shall be reduced to 7.5 m
d) Minimum Rear Yard:
5 m except where adjacent to a non-industrial zone
boundary shall be increased to 15 m
e) Minimum Interior Side Yard:
2 m except where adjacent to a non-industrial
zone boundary shall be increased to 15 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 50% on private or partial services; 70% on full
services
h) Maximum Height of Principal Buildings and Structures:
18 m
i) Maximum Height of Accessory Buildings:
18 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
l) Notwithstanding the above provisions, where a lot is serviced by a private
sewage disposal system, the minimum required lot size is 0.4 ha.
m) No industrial use shall be located any closer than 20 m to a residential or
institutional building.
n) All uses, other than accessory outdoor storage or accessory outside display and
sales, must be carried out in a fully enclosed building.
o) To ensure compatibility between on and off site uses, landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
Landscape screens shall have a minimum width of 3 metres.
p) It is the purpose of this provision of the By-law to establish reasonable and
uniform regulations to prevent the concentration of adult entertainment
businesses within the Township of Clearview.
q) It is the intent to promote the health, safety, and general welfare of the citizens
of the Township of Clearview; and, it is the intent of this that the regulations
be utilized to prevent problems of land use incompatibility which may
accompany and may be brought about by the concentration of adult
entertainment businesses.
r) The provisions of this By-law have neither the purpose nor effect of imposing
limitation or restriction on the content of any communicative materials,
including sexually oriented materials or to unlawfully restrict or deny access by
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adults to sexually oriented materials; and, neither is it the intent, nor effect of
this By-law, to condone or legitimize the distribution of such materials.
s) Adult entertainment businesses are permitted in the Restricted Industrial zone
by amendment to this By-law. Notwithstanding any other provision of this By-
law, no adult entertainment business shall be permitted within 200 metres of
another existing adult entertainment business or one for which a building permit
has been applied for. No adult entertainment business shall be permitted within
200 metres of any existing dwelling or residential zone boundary, within 50
metres of any commercial zone boundary, and within 300 metres of any school,
daycare, or place of worship. These separation distances shall be measured in
a straight line from property boundary to property boundary without regard to
intervening building, structures, or uses.
3.27.3 RESTRICTED INDUSTRIAL ZONE EXCEPTIONS
MR-1
Part of Lot 27, Concession 1, Formerly Sunnidale
(9523 County Road 10, 040-001-06400)
Primary Uses Restricted to:
Warehouses; and,
Light equipment sales and rental establishments.
Additional Permitted Primary Uses:
Transportation terminal;
Tuck terminal;
Contractor shop and/or yard;
Garden centre; and,
Antique shop.
Additional Permitted Uses:
All materials uses of the MR Zone with the exception that outdoor storage of
any waste materials;
An accessory boarding house limited to employees of a business on the
premises only;
An accessory dwelling unit.
MR-2
Part of Lot 10, Concession 4, Formerly Sunnidale
(6 Greengage Rd, 040-002-10020)
Additional Permitted Uses:
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Motor vehicle body shop;
Contractor shop;
Truck terminal.
MR-3
Part of Lot 10, Concession 4, Formerly Sunnidale
(2 Greengage Road, 040-002- 10002)
Additional Permitted Uses:
Sawmill or lumber yard;
Transportation terminal;
Truck terminal;
Building supply outlet.
Additional or Altered Provisions:
No outdoor storage shall occur beyond the perimeter of the concrete slab
existing at the time of adoption of former By-law 05-58, as illustrated on the
site plan forming a schedule thereto;
All outdoor storage shall be enclosed by either a solid fence and or combination
of chain link fence and landscaped screening.
MR-4
Part of Lot 11, Concession 4, Formerly Sunnidale
(10, 12, & 14 Greengage Road, 040-002-10022-23-24)
Additional Permitted Uses:
Sawmill or lumber yard;
Building supply outlet;
Outdoor assembly and storage of log home components.
MR-5
Part of Lot 10 & 11, Concession 4, Formerly Sunnidale
(7 Greengage Road, 040-002-10027)
Additional Permitted Uses:
Welding and manufacturing of metal components conducted entirely within an
enclosed building.
MR-6
Part of Lot 10, Concession 4, Formerly Sunnidale
(3 Greengage Road, 040-002-10030)
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Additional Permitted Uses:
Transportation terminal;
Truck terminal
MR-7
Part of Lot 9, Concession 5, Block K, RP 51R13949 Parts 1 & 2, Formerly
Nottawasaga
(56 Wellington St. West, 030-001-37312)
Additional Permitted Uses:
Construction yard or contractor yards; or,
Transportation terminal;
Truck terminal
MR-8
Part of Lot 9, Concession 5, Formerly Nottawasaga
(7685 County Road 9, 030-001-37303)
Additional Permitted Uses:
Transportation terminal;
Truck terminal;
Metals recycling transfer station.
Notwithstanding the provisions of the 'Restricted Industrial (MR)' Zone and
general provisions of Section 2 'General Provisions' to the contrary, where lands
are zoned MR-8 the following apply:
Zone Provisions or Additional or Altered Provisions
Minimum Rear Yard:
3 m
Minimum Interior Side Yard (West):
0 m for the existing buildings on the
west property line
Minimum Interior Side Yard (West):
2 m for all other buildings
Minimum Interior Side Yard (East):
7.5 m
Maximum Lot Coverage:
75%
Number Parking Spaces:
8
Barrier Free Parking Spaces:
1
Loading Spaces:
1
Primary outdoor storage will have no setback requirements from the
property lines of the subject property;
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Primary outdoor storage shall not be permitted to be closer to the front lot
line than the front wall of the primary building, and will be required to be
located behind a 2 m high solid board or metal fence or gate;
A minimum 2 m high solid board or metal fence or gate will be required
around the perimeter of the property, except the front yard;
The fence along the front yard, will be setback behind the front wall of the
primary building;
Recycling bins, when stacked will not be higher than the perimeter fence
located around the property;
An industrial use is permitted to be located within 15 m to an institutional
building;
Snow storage will not be required on site and will be permitted to be
hauled off site;
Metal recycling transfer station will be permitted to occur inside buildings
and outdoors behind the required fencing and behind the front wall of the
primary building;
Landscaping on site will be satisfied by the minimum 2 m high solid board
or metal fence which will be placed around the perimeter of the site,
except along the front yard where fencing will be placed behind the front
wall of the primary building;
Development is permitted to occur on partial/private services; and,
Driveway permitted to be a minimum of 9 m and maximum 36 m in width.
MR-9
Part of Lot 12, Concession 10, Formerly Sunnidale
(6029 Highway 26, 040-003-10000)
Additional Permitted Uses:
Auto wrecking and salvage yard;
A single detached dwelling.
MR-10
North Part Lot 38, Concession 7, RP 51R22727 Part 1, Formerly Nottawasaga
(2700 Concession 6, 010-005-71204)
Additional Permitted Uses:
Contractor's Yard;
Accessory Outdoor Storage.
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MR-11
North Part of Lot 31, Concession 1, Formerly Nottawasaga
(1858 and 1872 County Road 7, 010-003-00200/00300)
Additional Permitted Uses:
Accessory single detached dwelling;
Ancillary office building;
Additional or Altered Provisions:
Minimum Front Yard for single detached dwelling: 8 metres
Minimum Front Yard for ancillary office building: 6 metres
Minimum Interior Side Yard for Storage Units: 6 metres
Minimum Interior Side Yard for existing single detached dwelling: 2.5 metres
Notwithstanding the parking provisions, two regular parking spaces and one
barrier free parking space will be required;
Notwithstanding the loading provisions, no loading spaces will be required;
Notwithstanding Section 2.19.17(g), the hard surfacing will be located from the
northern property line measured 21 metres south, except that at the westerly
property line measured easterly 18 metres, hard surfacing will be located from
the northern property line 27 metres south.
MR-11
Part of Lots 10 & 11 Concession 4; Part 9 RP 51R19933
(9 Greengage Road)
Additional Permitted Uses:
Indoor Baseball Practice Facility
Altered Provisions:
Minimum number of parking spaces:
32
Includes two spaces for persons with disabilities
MR-12
East Part of Lot 25, Concession 4, Formerly Nottawasaga
(7674 County Road 91, 010-002-23000)
Primary Permitted Uses Restricted To:
Dry light manufacturing, processing, repairing, fabricating and assembly
operations
Warehouses
Commercial Self Storage Facility
Printing or Publishing Establishments
Broadcasting and Communication Establishments
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Light Equipment Sales and Rental Establishments
Towing Compound
Wineries and Breweries
Research Establishments including Laboratories
Data Processing Centre
Home Improvement Outlets without outdoor storage
Business, professional or administration offices
Indoor Recreational Facilities
Permitted Accessory Uses Restricted To:
Accessory business and administrative offices
Accessory outside display and sales
Accessory outdoor storage
An accessory retail outlet for the purposes of sale of goods and materials
produced on the premises
Accessory Residential Use
MR-13
Part Lot 25, Concession 4, RP 51R42008 Part 6, formerly Nottawasaga
(7674 County Road 91)
Permitted Uses Limited to:
Commercial Self Storage Facility
That notwithstanding Sec. 2.3.1 a commercial self-storage facility may be
permitted on private services until such time as municipal infrastructure is
available.
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3.28 PRESTIGE INDUSTRIAL (MP)
3.28.1 PERMITTED USES
PRIMARY USES
Any of the following uses which are intended to be prestige light industrial and
accessory uses:
Broadcasting and communication establishments;
Business, professional and administrative offices;
Indoor recreational facilities and fitness clubs;
Light manufacturing, processing, repairing, fabricating and assembly
operations;
Printing or publishing establishments;
Research establishments;
Wineries and breweries
Accessory Uses
An accessory retail outlet for the purpose of sale of goods and materials
produced on the premises.
3.28.2 ZONE PROVISIONS
a) Minimum Lot Area:
2 ha
b) Minimum Lot Frontage: 100 m
c) Minimum Front Yard:
15 m
d) Minimum Rear Yard:
20 m
e) Minimum Interior Side Yard:
5 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 50%
h) Maximum Height of Principal Buildings and Structures:
18 m
i) Maximum Height of Accessory Buildings:
18 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Minimum Landscaped Open Space:
20%
l) All development is to incorporate a landscaped buffer which may include berms.
All development must be on full municipal water and waste water services. All
uses must be carried out in a fully enclosed building. Landscape screens shall
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have a minimum width of 5 metres and landscaped buffers shall have a
minimum width of 3 metres.
m) To ensure compatibility between on and off site uses, landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
3.28.3 PRESTIGE INDUSTRIAL ZONE EXCEPTIONS
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3.29 GENERAL INDUSTRIAL (MG)
3.29.1 PERMITTED USES
PRIMARY USES
Any of the following uses which are intended to allow both light industrial and heavy
industrial and accessory uses:
All restricted industrial uses;
Asphalt and concrete plants;
Auto wrecking and salvage yards;
Building supply outlets;
Bulk storage operations including bulk storage of road salts, fuels and
petroleum products, hazardous chemicals, and other hazardous substances;
Chemical manufacturing and petroleum products refining;
Construction yards and contractors yards;
Ethanol production plants;
Farm implement and supplies outlets;
Heavy manufacturing, processing, repairing, fabricating and assembly
operations;
Marine sales establishments;
Motor vehicle body-shops;
Motor vehicle repair establishment;
Motor vehicle sales establishments;
Moving company;
Outdoor storage;
Primary metals plant;
Recreational vehicle sales and service establishments;
Recycling facility;
Sawmill or lumber yards;
Snow storage and disposal facilities;
Tannery;
Top soil bulking and manufacture establishments;
Towing compound;
Transportation terminal;
Truck terminal;
Accessory Uses
Accessory outdoor storage.
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3.29.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.4 ha
b) Minimum Lot Frontage: 40 m
c) Minimum Front Yard:
15 m except where use on opposite side of the
street is industrial shall be reduced to 7.5 m
d) Minimum Rear Yard:
5 m except where adjacent to a non-industrial zone
boundary shall be increased to 15 m
e) Minimum Interior Side Yard:
2 m except where adjacent to a non-industrial
zone boundary shall be increased to 15 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 50% on private or partial services
i. 70% on full municipal services
h) Maximum Height of Principal Buildings and Structures:
18 m
i) Maximum Height of Accessory Buildings:
18 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
l) To ensure compatibility between on and off site uses, landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
Landscaped screens shall have a minimum width of 3 metres.
m) A towing compound shall be considered to be a primary outdoor storage use
and shall comply with the requirements of Section 2.18. A towing compound
shall also incorporate an associated office on the same lot.
3.29.3 GENERAL INDUSTRIAL ZONE EXCEPTIONS
MG-1
Part of Lot 21, E.S.R., Concession 4, Formerly Sunnidale
(10367 County Road 10, 040-002-17600)
Permitted Uses Limited to:
An underground storage facility for the purposes of storing:
o Organic Waste - Fuels - 221L Light Fuels - Gasoline, kerosene, diesel tank
drainings/washings/bottoms, spill cleanup residues; and,
o Organic Waste - Oily Wastes 251L Waste Oils/Sludges (Petroleum bases) -
Oil/Water separator sludges, dissolved air floatation skimming, heavy oil
tanks drainage, slop oil and emulsions.
Altered or Additional Provisions:
o Township of Clearview Site Plan Agreement required;
o Ministry of Environment Certificate of Approval required;
o Maximum Area (including underground tanks): 550 m²
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o Maximum Underground Tank Volume: 50,000 litres
o Minimum Front Yard for Buildings and Structures: 210 m
(including underground tanks)
o Minimum Front Yard shall mean the minimum distance between County Road
10 ROW and the zone boundary;
o Minimum interior side yard for buildings and structures 90 metres including
underground tanks;
o Minimum interior side yard shall mean the minimum distance from the south
property line to the zone boundary;
o Access to the facility and parking and loading spaces shall be paved and the
driveway shall have a minimum width of 6 metres;
o No additional storage, under or above the ground, shall be permitted;
o Maximum Height of Buildings: 10 m
MG-2
Part of Lot 35, Plan 315, RP 51R24351 Part 1, Formerly Nottawasaga,
(102 Edward Street East, 030-001-04500)
Part of Lot 35, Plan 315, RP 51R24351 Part 2, Formerly Nottawasaga,
(104 Edward Street East, 030-001-04425)
Part of Lot 35, Plan 315, RP 51R24351 Part 3, Formerly Nottawasaga,
(108 Edward Street East, 030-001-04410)
Part of Lot 35, Plan 315, RP 51R11823, Formerly Nottawasaga,
(112 Edward Street East, 030-001-04400)
Permitted Uses Restricted To:
All restricted industrial uses;
Motor vehicle repair establishment;
Motor vehicle body shops;
Construction yards and contractor yards;
Transportation terminals.
MG-3
Lot 34, Plan 315, Formerly Nottawasaga
(90 Edward Street East, 030-001-04600)
Permitted Uses Restricted To:
All restricted industrial uses; or,
Transportation terminal;
Truck terminal
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MG-4
East Part of Lot 25, Concession 4, Formerly Nottawasaga
(7674 County Road 91, 010-002-23000)
Permitted Primary Uses Restricted To:
All Restricted Industrial Uses
Motor Vehicle Repair Establishment
Motor Vehicle Body-shops
Marine Sales and Service Establishments
Motor Vehicle Sales and Service Establishments
Recreational Vehicle Sales and Service Establishments
Farm Implement and Supplies Outlets
Building Supply Outlets
Construction Yards and Contractor Yards
Truck or Transportation Terminals
Towing Compound
Primary Outdoor Storage
Permitted Accessory Uses Restricted To:
Accessory Outdoor Storage
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3.30 AIRPORT INDUSTRIAL (MA)
3.30.1 PERMITTED USES
PRIMARY USES
Airport related special events, exhibits, and trade show venues;
Broadcasting and communication establishments;
Cartage terminals and warehousing;
Commercial flight school;
Dry light manufacturing, processing, repairing, fabricating and assembly
operations;
Fueling station for small aircraft;
Light equipment sales and rental establishments;
Research establishments including laboratories;
Runways and Taxiways;
Sales, service, display, and rental of aircraft;
Storage units;
Warehouses
ACCESSORY USES
Accessory business and administrative offices;
Accessory buildings including hangars;
Accessory outdoor storage;
Accessory restaurant;
Accessory retail outlet for the purpose of sale of goods and materials
produced on the premises.
3.30.2 ZONE PROVISIONS
a) Minimum Lot Area:
0.4 ha
b) Minimum Lot Frontage: 40 m
c) Minimum Front Yard:
15 m
d) Minimum Rear Yard:
5 m except where adjacent to a non-industrial zone
boundary shall be increased to 15 m
e) Minimum Interior Side Yard:
2 m except where adjacent to a non-industrial
zone boundary shall be increased to 15 m
f) Minimum Exterior Side Yard:
15 m
g) Maximum Lot Coverage: 40%
h) Maximum Height of Principal Buildings and Structures:
18 m
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i) Maximum Height of Accessory Buildings:
18 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
l) No commercial or industrial use shall be located any closer than 20 metres to a
residential or institutional use other than a flight school.
m) All uses, other than accessory outdoor storage or accessory outside display and
sales, must be carried out in a fully enclosed building.
n) Accessory buildings may be located in all yards and shall comply with all
minimum yards and setbacks.
o) Parking for special events will be provided on site on temporary grass parking
areas.
p) To ensure compatibility between on and off site uses, landscaping screens and
buffers shall be required in accordance with the provisions of this By-law.
q) Nothing in this By-law shall be construed to apply to the operation of an
aerodrome in relation to matter regulated by Transport Canada other than by
voluntary compliance.
3.30.3 AIRPORT INDUSTRIAL ZONE EXCEPTIONS
MA-1
Part of Lot 13 & 14, Concession 10, Formerly Sunnidale
(5195 Highway 26, 040-003-12300)
Additional Permitted Uses:
Single Detached Dwelling;
Apartment Dwelling
Altered or Additional Provisions:
No more than four (4) dwelling units within the apartment dwelling.
Parking for special events may be provided on site on temporary grass
parking areas.
MA-1(H1)
Part of Lot 13, Concession 10; Part 1 51R-17260, Formerly Sunnidale
(5355 Highway 26, 040-003-12200)
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MA-2
E Pt Lot 33 Concession 6, Formerly Nottawasaga
(6833 33/34 Sideroad)
Permitted Uses:
Aircraft sales, service, display and rental
Aircraft hangar
Aircraft taxiways
Aeronautical manufacturing, processing, repairing, fabricating and assembly
operations
Airport-related warehouse
Airport-related light equipment sales and rental establishments
Airport-related research establishments, including laboratories
Airport-related offices
Aircraft fueling station
Aircraft or airport-related outdoor storage
Airport-related truck/transportation or shipping terminal
Existing agricultural uses
Flight school
Accessory Uses:
Restaurant, except a drive-through or drive-in
Accessory outdoor storage
Accessory retail outlet
Accessory temporary accommodation associated with a flight school
Accessory administrative offices
Prohibited Uses
In addition to the uses generally prohibited in Section 2 of the By-law, the following
uses shall also be prohibited:
Inns, hotels and motels
Large format commercial uses
Residential Uses
Uses resulting in the production of steam or other exhaust, glare, the
attraction of birds, the production of electronic signal interference, or any
other uses which would negatively impact the long term operation and
economic role of the adjacent airport.
Zone Provisions
Minimum Lot Area:
0.4ha
Minimum Lot Frontage:
40 m
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Minimum Front Yard:
7.5 m
Minimum Rear Yard:
5 m where adjacent to an industrial zone category
15 m where adjacent to a non-industrial zone
category
Minimum Interior Side Yard:
2 m where adjacent to an industrial zone category
15 m where adjacent to a non-industrial zone
category
Minimum Exterior Side Yard:
7.5 m
Maximum Lot Coverage:
60%
Maximum Height:
24 m
Individual on-site water or sewage services shall not be permitted.
Wet industrial/commercial uses shall only be permitted on fully municipal
services and shall be subject to the serviced design capability to handle such
uses.
Notwithstanding any general provisions to the contrary in Sections 1 and 2 of
the By-law:
o The boundaries of the MA exception zone shall be strictly scaled and
shall not be subject to interpretation.
o Maximum height requirements shall apply to all buildings, structures,
monuments (including flag poles), signs, utility equipment, machinery,
landscaping materials, or other vertical projection.
o Where a building spans across multiple MA exception zone categories,
the building may be terraced, stepped-back, or use height transitions in
order to comply with the maximum height of the given zone.
o Any temporary use that may cause short-term contravention of the by-
law as a result of construction or site works, such as the use of cranes
or creation of excessive dust, shall be coordinated with the adjacent
airport authority and the Township of Clearview prior to such a use
being commenced or established.
Obstruction lighting shall be installed on all buildings and structures and any
other objects where required by Transport Canada's Canadian Aviation
Regulations, in accordance with federal regulations.
Additional or altered parking provisions:
o Aircraft hangar: a required parking ratio of one (1) space per 200 m2 of
gross floor area shall apply.
o Airport-related warehouse: a required parking ratio of one (1) space
per 200 m2 of gross floor area shall apply.
o Accessory temporary accommodation associated with a flight school: a
required parking ratio of one (1) space per student room shall apply.
A restaurant may be established in a detached building or may stand alone on
a lot, separate from other airport-related uses. A restaurant may not be
erected in a given phase prior to the construction of a primary airport-related
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use, and must have staff or on-site users in numbers sufficient to necessitate
the need in such phase.
An accessory retail outlet shall be permitted for the purpose of sale of goods
and materials produced on the premises and shall be limited to a maximum
GFA of 10% of the total GFA of the primary use.
Fuel sales shall be permitted provided that an agreement has been entered
into with the adjacent airport authority that contemplates such sales.
MA-3
E Part Lot 33 Concession 6, Formerly Nottawasaga
(6833 33/34 Sideroad)
Altered Provision:
The following maximum height requirement shall apply where a property is
marked with an MA-3 zone exception.
Maximum Height: 10 m
All other permitted uses and provisions of the MA-2 zone shall apply.
MA-4
E Part Lot 33 Concession 6, Formerly Nottawasaga
(6833 33/34 Sideroad)
Notwithstanding the permitted uses and zone provisions of the MA zone, the
following uses and provisions shall apply to lands marked with the MA-4 exception:
Altered Provision:
The following maximum height requirement shall apply where a property is
marked with an MA-4 zone exception.
Maximum Height: 24 m
All other permitted uses and provisions of the MA-2 zone shall apply.
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3.31 WASTE DISPOSAL INDUSTRIAL (MW)
3.31.1 PERMITTED USES
PRIMARY USES
Sewage treatment plan including a sewage lagoon;
Waste disposal facility including active and inactive landfill sites;
Waste management system;
Waste recycling facility;
Waste transfer station;
3.31.2 ZONING PROVISIONS
a) Minimum Lot Area:
4 ha
b) Minimum Lot Frontage:
30 m
c) Minimum Front Yard:
30 m
d) Minimum Rear Yard:
30 m
e) Minimum Interior Side Yard:
30 m
f) Minimum Exterior Side Yard:
30 m
g) Maximum Lot Coverage:
5%
h) Maximum Height of Principal Buildings and Structures:
11 m
i) Maximum Height of Accessory Buildings:
11 m
j) Maximum Number of Accessory Buildings:
No Limit
k) Maximum Gross Floor Area of All Accessory Buildings:
No Limit
l) No permitted use shall be established, altered, enlarged or extended unless a
provincial certificate of approval has been issued by the Ministry of the
Environment as required by the Environmental Protection Act.
m) Permitted uses shall be well separated from existing or proposed residential
land uses and shall meet all applicable Ministry of the Environment minimum
distance separation guidelines including the Ministry "Guideline on Separation
Distances" as may be amended from time to time. At a minimum, a strip of
land not less than 15 metres in width shall be reserved for landscaped open
space purposes along all property lines. At a minimum, where a permitted use
abuts a Residential Zone or a lot containing a dwelling, or a roadway is the only
separation between two such areas, then no permitted use shall be made of
any kind within 70 metres of the abutting lot line.
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n) Development and site alteration shall occur in a manner so that it is compatible
with surrounding uses and the impacts of uses shall be mitigated through the
use of landscaping screens and buffers and on the basis of land use
compatibility and design guidelines as may be adopted by Council.
3.31.3 WASTE DISPOSAL INDUSTRIAL ZONE EXCEPTIONS
MW-1
Lot 34, Plan 315, Formerly Nottawasaga
(90 Edward Street East, 030-001-04600)
Permitted Uses Restricted to:
Closed landfill site.
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3.32 WASTE DISPOSAL ASSESSMENT AREA (OVERLAY) (WDAA)
3.32.1 PERMITTED USES
All uses permitted by the underlying zone category are permitted with the exception
that no new buildings may be constructed an no building additions may occur unless
the owner has prepared and submitted studies to the Township, and applicable
approval authorities, demonstrating to the satisfaction of the Township and approval
authorities that:
a) Such development can occur in compatibility and without risk associated with
the existing or former waste disposal use; and,
b) That the recommendations of any such studies have or will be implemented.
Notwithstanding the foregoing, new buildings may also be permitted where the
Township and approval authority determine that development is exempt from the
requirement to prepare a study. Additionally, new structures and alterations to
existing structures, interior alterations to existing buildings, exterior alterations to
existing buildings that do not expand the footprint, and new buildings which do not
require a building permit are permitted without the need for studies or implementation
measures.
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3.33 MINERAL AGGREGATE RESOURCE AREA (OVERLAY) (MARA)
3.33.1 PERMITTED USES
Primary Uses
All uses permitted by the underlying zoning category with the exception that no
new buildings or structures are permitted unless the owner has prepared and
submitted information to the Township to indicate to the Township's satisfaction
that development and site alteration will not preclude or hinder future
extraction of the aggregate resource or that there are no significant aggregate
resources in the area of the proposed development.
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3.34 ENVIRONMENTAL PROTECTION (EP)
3.34.1 PERMITTED USES
PRIMARY USES
Conservation use;
Existing agricultural uses;
Flood and erosion control works;
Forestry (including the harvesting, collection and processing of maple syrup)
conducted in accordance with good forestry practices;
Passive recreation uses;
Wildlife management area;
3.34.2 ZONE PROVISIONS
a) Minimum Lot Area:
No Minimum
b) Minimum Lot Frontage:
No Minimum
c) Minimum Front Yard:
No Minimum
d) Minimum Rear Yard:
No Minimum
e) Minimum Interior Side Yard:
No Minimum
f) Minimum Exterior Side Yard:
No Minimum
g) Maximum Lot Coverage:
Not Applicable
h) Maximum Height of Principal Buildings and Structures:
Not Applicable
i) Maximum Height of Accessory Buildings and Structures: Not Applicable
j) Maximum Number of Accessory Buildings:
Not Applicable
k) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
l) Structures and buildings are not permitted other than those for a permitted
use.
3.34.3 ENVIRONMENTAL PROTECTION ZONE EXCEPTIONS
EP-6
East Part of Lot 11, Concession 5, Formerly Sunnidale
(16 Whitetail Drive, 040-002-23200)
Additional or Altered Provision:
A driveway from Whitetail Drive may be established and maintained through
the EP-6 Zone to serve the residential use in the adjacent RU-11 Zone
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EP-7
North Part of Lot 20, Concession 1, Formerly Nottawasaga
(1426 Centre Line Road, 010-002-02000)
Permitted Uses Restricted To:
Conservation Use
Wildlife Management
Passive Recreation Uses
Flood and Erosion Control Works
EP-08
Part Lot 2 & Part Lot 3 Concession 4
(6372 County Road 10, 040-002-01000)
Additional Permitted Uses:
Water supply
Settling pond
EP-09
Lot 1, West Hurontario Street, Part Blocks E and G Part Mill, Reserve, Lot 2 W/S
Hurontario Street, Plan 497, Concession 8, formerly Nottawasaga
(2056 and 2100 Concession 8 South)
Additional Uses:
An existing driveway for a residential dwelling
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3.35 STORMWATER MANAGEMENT FACILITIES (SM)
3.35.1 PERMITTED USES
PRIMARY USES
Conservation use;
Existing agricultural uses;
Flood and erosion control works;
Forestry (including the harvesting, collection and processing of maple syrup)
conducted in accordance with good forestry practices;
Passive recreation uses;
Stormwater treatment facilities;
Wildlife management area;
3.35.2 ZONE PROVISIONS
a) Minimum Lot Area: No Minimum
b) Minimum Lot Frontage:
No Minimum
c) Minimum Front Yard:
No Minimum
d) Minimum Rear Yard:
No Minimum
e) Minimum Interior Side Yard:
No Minimum
f) Minimum Exterior Side Yard:
No Minimum
g) Maximum Lot Coverage: Not Applicable
h) Maximum Height of Principle Buildings and Structures:
Not Applicable
i) Maximum Height of Accessory Buildings and Structures:
Not Applicable
j) Maximum Number of Accessory Buildings:
Not Applicable
k) Maximum Gross Floor Area of All Accessory Buildings:
Not Applicable
l) Structures and buildings are not permitted other than those for a permitted
use.
3.35.3 STORMWATER MANAGEMENT FACILITIES ZONE EXCEPTIONS
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3.36 HAZARD LAND (OVERLAY) (FP)
3.36.1 PERMITTED USES
Uses permitted by the underlying zoning category with the following exceptions:
No new buildings or structures and no alterations to existing buildings or structures
or site alteration shall be permitted unless approved in a permit by the Nottawasaga
Valley Conservation Authority under the Conservation Authorities Act or the
development or site alteration is identified as being exempt from permit requirements
in writing to the Township by the Conservation Authority; and,
Any use which requires the alteration of the existing grade or removal of natural
vegetation, other than normal farm practices, shall not be permitted unless the
alteration of grade and clearing of lands associated with the use has been approved
by the Nottawasaga Valley Conservation Authority through the issuance of a permit
under the Conservation Authorities Act, or, where applicable, through the issuance of
a fill or grading permit by the Township, or if the use is permitted by an exemption to
the requirements for a permit from either the Nottawasaga Valley Conservation
Authority or the Township of Clearview.
Development and site alteration shall not be permitted in the floodway (the
floodplain).
3.36.2 ZONE PROVISIONS
The zone provisions of the underlying zone shall apply where consistent with the
requirements and provisions of the Hazard Land Zone.
3.36.3 HAZARD LAND (FP) IN NEC ZONE
The Hazard Land (FP) Overlay Zone shown on the schedules to this By-law, located
within the NEC Zone are shown for reference and information only as municipal by-
laws do not apply. However, the Hazard Land (FP) Zone boundary illustrates an area
regulated by the Nottawasaga Valley Conservation Authority and those regulations do
apply within the NEC area.
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3.37 HAZARD LAND SPECIAL POLICY (OVERLAY) (FPSP)
3.37.1 PERMITTED USES
Only uses permitted by the underlying zoning category with the following
exceptions:
Hospitals, retirement homes, nursing homes, pre-school, school nurseries, day
care facilities, schools, essential emergency services, and uses associated with
the disposal, manufacture, treatment or storage of hazardous substances,
including gas stations, shall not be permitted;
Buildings or structures in the flood fringe are not permitted unless they are
shown to have been legally existing on the date of adoption of this Zoning By-
law, or are a permitted use of the underlying Zone, are within an approved two-
zone floodplain management area (although agricultural buildings may be
located in the flood fringe outside two zone management areas), and have been
approved by the Township in accordance with having met the provisions set out
below for Township approval and are authorized in a permit issued by the
Nottawasaga Valley Conservation Authority under the Conservation Authorities
Act on or following the date of adoption of this Zoning By-law;
Any use which requires the alteration of the existing grade or removal of natural
vegetation, other than normal farm practices, shall not be permitted unless the
alteration of grade and clearing of lands associated with the use has been
approved by the Nottawasaga Valley Conservation Authority through the
issuance of a permit under the Conservation Authorities Act, or, where
applicable, through the issuance of a fill or grading permit by the Township, or
if the use is permitted by an exemption to the Township By-law; and,
Dwelling units, or portions of dwelling units, are not permitted the regional flood
elevation unless flood proofed using dry flood proofing measures.
Development and site alteration are not permitted within the floodway although
development may be permitted in the flood fringe;
3.37.2 ZONE PROVISIONS
The zone provisions of the underlying zone shall apply where not inconsistent with the
requirements and provisions of the Hazard Land Special Policy Zone.
Any activity involving grading, filling, construction of ponds or alteration of existing
grades in any manner shall be required to conform to, and comply with, the
requirements of any applicable by-law of the Township controlling grading or filling
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activity and/or the regulations pursuant to the Conservation Authorities Act of the
Nottawasaga Valley Conservation Authority as may be applicable.
For the purposes of Section 3.41, the terms "development", "site alteration",
"floodplain", "floodway", and "flood fringe", are defined in accordance with the
Provincial Policy Statement (2005) and those definitions shall prevail over any other
definition in this By-law for the purposes of Section 3.41 of this By-law.
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3.38 NIAGARA ESCARPMENT (NEC)
Lands zoned Niagara Escarpment fall under the land use jurisdiction of the Niagara
Escarpment Commission.
The Niagara Escarpment Commission has the authority to control land use in this area
and municipal land use zoning by-laws do not apply.
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3.39 ARCHAEOLOGICAL ASSESSMENT OVERLAY (AR)
3.39.1 PERMITTED USES
Uses permitted by the underlying zoning category with the following exceptions:
No new buildings or structures or additions to the footprint of existing buildings
or structures shall not be permitted unless a clearance letter has been provided
by the Ministry of Culture which may require submission of an archaeological
assessment by a licensed archaeologist to be submitted by the owner;
Any use which requires the alteration of the existing grade, other than that of
normal farm practices, shall not be permitted unless a clearance letter has been
provided by the Ministry of Culture which may require submission of an
archaeological assessment by a licensed archaeologist to be submitted by the
owner.
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3.40 EXTRACTION INDUSTRIAL - ABOVE THE WATER TABLE (EX1)
3.40.1 PERMITTED USES
Extraction of aggregate above the water table;
Portable processing and associated equipment but not including asphalt or
concrete plants;
Produce farm or livestock farm;
Temporary stockpiles of aggregate extracted on the premises;
Temporary stockpiles of topsoil from the extracted site.
3.40.2 ZONE PROVISIONS
Minimum Lot Area:
No Minimum
Minimum Lot Frontage:
No Minimum
Access must be secured by a registered easement
where no frontage is available
Minimum Front Yard:
15 m
Minimum Rear Yard:
15 m
Minimum Interior Side Yard:
15 m
Minimum Exterior Side Yard:
15 m
Extraction of Aggregate will not occur below the elevation level of:
250.5 m
Extraction of Aggregate will occur above the water table:
1.5 m
Yard requirements shall apply to all aggregate extraction and processing activities.
No buildings or structures are permitted other than extraction equipment and portable
processing equipment utilized in on-site operations. No on-site operations servicing
or refueling of portable extraction or processing equipment is permitted in the area
zoned for extraction uses. Such uses may occur only in the area zoned as the
processing area.
All extraction and portable processing areas shall be screened and buffered from
visibility from public roads and residential, commercial, recreational and institutional
uses.
No fuel storage is permitted.
In addition, the applicant will be required to undertake a water monitoring program
to the satisfaction of the Township of Clearview and the Nottawasaga Valley
Conservation Authority.
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3.40.3 EXTRACTION INDUSTRIAL ABOVE THE WATER TABLE ZONE EXCEPTIONS
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3.41 DOWNTOWN COMMERCIAL/INDUSTRIAL (CM)
3.41.1 PERMITTED USES
PRIMARY USES
All permitted uses of Secion 3.23.1 General Commercial (C1); and
Brewery (only permitted in primary building)
ACCESSORY USES
Accessory Buildings limited to permitted uses of Section 3.23.1 General
Commercial (C1) Zone;
Accessory outdoor display and sales;
Staff or public amenity area; and
Staff or public parking area.
3.41.2 ZONE PROVISIONS
Minimum Lot Area:
9000 m2
Minimum Lot Frontage:
80 m
Minimum Front Yard:
0 m
Maximum Front Yard:
2 m (applies to buildings not
structures)
Minimum Rear Yard:
0 m unless adjoining a Residential
Zone where the minimum setback
shall be 5 m
Minimum Interior Side Yard:
0 m unless adjoining a Residential
Zone where the minimum setback
shall be 4 m
Minimum Exterior Side Yard:
0 m
Maximum Lot Coverage:
65%
Maximum Height of Principal Buildings:
14 m
Maximum Height of Accessory Buildings:
10 m
Maximum Limit of Accessory Buildings:
No Limit
Maximum Height of Exhaust Stacks:
15 m
Total Number of Parking Spaces:
60
Parking Stall Minimum Widths:
2.7 m
Minimum landscaping screen between parking spaces on subject property and
residential or commercial zoned property: 4 m
Minimum landscaping screen between parking area and Edward Street: 4 m
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No snow storage will be provided on site
Total number of barrier free parking spaces: 4
Minimum loading space separation from a lot line of a residential use: 24 m
Landscaping for parking and loading may be provided outside of the interior parking area
on the same lot
Notwithstanding any other requirements of 1.8 metre solid wood fence shall be provided
along eastern property line, terminating 4 m back from Edward Street, terminating 2.4 m
back from Elizabeth Street.
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3.42 MINIMUM DISTANCE SEPARATION RESTRICTION OVERALY (MDS)
Where lands are impacted by an MDS overlay, the underlying zone provisions shall apply in
addition to the following provisions.
3.42.1
MDS-A
MDS-Type A Land Use Restricted Area
No type A or B land uses, as defined by the MDS Implementation Guideline (or its
successor) shall be permitted within the MDS Type A overlay, as long as the livestock
facility continues to exist.
3.42.2
MDS-B
No type B land uses, as defined by the MDS Implementation Guideline (or its
successor) shall be permitted within the MDS Type B overlay, as long as the livestock
facility continues to exist.
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3.43 EXTRACTIVE INDUSTRIAL (EX)
3.43.1 PERMITTED USES
a) All the permitted uses of Subsection 3.1 "Agricultural (AG)" Zone;
b) Extraction of aggregate;
c) Processing and associated equipment, including concrete plants but
not including asphalt plants;
d) Temporary stockpiles of aggregate extracted on the premises;
e) Temporary stockpiles of topsoil from the extracted site;
f) Aggregate recycling associated with the Extraction Industrial
operation;
g) Open storage areas accessory to the Extraction Industrial
operation;
h) Accessory single detached dwelling to a mineral aggregate
operation.
3.43.2 ZONE PROVISIONS
Minimum Lot Area: No Minimum
Minimum Lot Frontage: No Minimum
Minimum Front Yard: 15 m
Minimum Rear Yard: 15 m
Minimum Interior Side Yard: 15 m
Minimum Exterior Side Yard: 15 m
Minimum Interior Side and Rear Yard for abutting lots zoned Extractive Industrial: 0m
All extraction, open storage areas and processing areas shall be screened and buffered to
minimize visibility from public roads and residential, commercial, recreational and
institutional uses. Screening and buffering shall be completed within the yard setback
adjacent to these uses and shall incorporate existing tree screens where feasible and, where
required, berming and additional tree planting or a combination of all.
The provisions of Subsection 3.1.2 apply to the permitted uses of the "Agricultural (AG)"
Zone.
3.43.3 EXTRACTION INDUSTRIAL ZONE EXCEPTIONS
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EX-1
Sunnidale Con 9 W Pt Lot 16; Con 10 Pt Lots 16 and 17 and; RP 51R20525 Part 1,
Clearview
(4769 Highway 26)
Additional Permitted Use
-
Asphalt Plant (Permanent)
Additional or Altered Provisions:
-
Minimum Front Yard Setback for an Asphalt Plant - 270 m (but shall not include
existing truck parking or staging areas)
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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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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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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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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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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.