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Prepared with the assistance of:
The County of Lambton Planning and Development Services Department
Consolidation September 2025
The Corporation of the Township of
Dawn-Euphemia
Zoning By-law 54 of 2014
Passed by Council on November 24, 2014
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TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION ................................. 1
1.1 TITLE ......................................................................................................................................... 1
1.2 APPLICATION ........................................................................................................................... 1
1.3 SCOPE ...................................................................................................................................... 1
1.4 REPEAL OF EXISTING BY-LAWS ............................................................................................ 1
1.5 VALIDITY / SEVERABILITY ...................................................................................................... 1
1.6 EFFECTIVE DATE .................................................................................................................... 1
1.7 COMPLIANCE WITH OTHER RESTRICTIONS ........................................................................ 1
1.8 ENTRY AND INSPECTION OF PREMISES .............................................................................. 1
1.9 VIOLATIONS AND PENALTIES ................................................................................................ 2
1.10 RESTRAINING VIOLATIONS ................................................................................................ 2
1.11 LICENSES AND PERMITS .................................................................................................... 2
1.12 REQUESTS FOR AMENDMENTS AND FEES ...................................................................... 2
SECTION 2 - DEFINITIONS ........................................................................................................... 4
SECTION 3 - GENERAL PROVISIONS ........................................................................................ 30
3.1 USES PERMITTED IN ALL ZONES ........................................................................................ 30
3.2 USES PROHIBITED IN ALL ZONES ....................................................................................... 31
3.3 ACCESSORY BUILDINGS, STRUCTURES OR USES .......................................................... 31
3.4 NON-CONFORMING USES .................................................................................................... 32
3.5 NON-CONFORMING USES - RESTORATION ....................................................................... 33
3.6 NON-COMPLYING USES ....................................................................................................... 33
3.7 DWELLING UNITS .................................................................................................................. 34
3.8 ACCESSORY SECOND DWELLING ...................................................................................... 34
3.9 LOT DEVELOPMENT REQUIREMENTS ................................................................................ 35
3.10 HOME OCCUPATIONS ....................................................................................................... 36
3.11 GROUP HOMES .................................................................................................................. 40
3.12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS,
TRUCK CAMPERS, MOTOR HOMES OR TENTS .............................................................. 40
3.13 PERMITTED ENCROACHMENTS ...................................................................................... 40
3.14 PRIVATE SWIMMING POOLS ............................................................................................. 41
3.15 DECK (UNENCLOSED) ....................................................................................................... 42
3.16 HEIGHT RESTRICTIONS .................................................................................................... 42
3.17 OPEN STORAGE AND OUTDOOR DISPLAY REGULATIONS .......................................... 42
3.18 SPECIAL SETBACK PROVISIONS ..................................................................................... 43
3.19 PLANTING STRIPS .............................................................................................................. 44
3.20 SIGNS .................................................................................................................................. 45
3.21 ENVIRONMENTAL PROTECTION ZONES ......................................................................... 45
3.22 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL,
INSTITUTIONAL, AND OPEN SPACE ZONES.................................................................... 46
3.23 CONVERSION OF EXISTING DWELLINGS ........................................................................ 46
3.24 RAILWAYS ........................................................................................................................... 47
3.25 PARKING AREA REGULATIONS ........................................................................................ 47
3.26 LOADING SPACE REGULATIONS ..................................................................................... 52
3.27 LOTS REDUCED BY PUBLIC ACQUISITION...................................................................... 53
3.28 SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK ............................................. 53
3.29 SPECIAL PROVISION FOR DEVELOPMENT SURROUNDING ACTIVE AND CLOSED
WASTE DISPOSAL SITES................................................................................................... 53
3.31 SPECIAL PROVISIONS FOR SEASONAL HOUSING ........................................................ 53
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SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS ........................................................... 55
4.1 ESTABLISHMENT OF ZONES ................................................................................................ 55
4.2 USE OF SYMBOLS ................................................................................................................. 55
4.3 HOLDING (H) SYMBOL ........................................................................................................... 55
4.4 APPLICATION OF ZONES ...................................................................................................... 55
4.5 INCORPORATION OF ZONING MAP ..................................................................................... 56
4.6 INTERPRETATION OF ZONING MAP .................................................................................... 56
4.7 TABLE A .................................................................................................................................. 57
SECTION 5 - AGRICULTURAL 1 (A1) ZONE .............................................................................. 58
5.1 PERMITTED USES ................................................................................................................. 58
5.2 MINIMUM DISTANCE SEPARATION ..................................................................................... 58
5.3 AGRICULTURAL 1 (A1) SPECIAL PROVISIONS ................................................................... 59
5.4 AGRICULTURAL 1 (A1) ZONE EXCEPTIONS ....................................................................... 60
5.5 AGRICULTURAL 1 (A1) TEMPORARY USE (T) ZONES ........................................................ 63
SECTION 6 - AGRICULTURAL - NO FARM DWELING (A-NFD) ZONE ................................... 65
6.1 PROHIBITED USES ................................................................................................................ 65
6.2 PERMITTED USES ................................................................................................................. 65
6.3 SITE AND BUILDING REGULATIONS .................................................................................... 65
6.4 AGRICULTURAL - NFD (A-NFD) SPECIAL PROVISIONS .................................................... 65
SECTION 7 - AGRICULTURAL 2 (A2) ZONE .............................................................................. 66
7.1 PERMITTED USES ................................................................................................................. 66
7.2 MINIMUM DISTANCE SEPARATION ..................................................................................... 66
7.3 AGRICULTURAL 2 (A2) ZONE EXCEPTIONS ....................................................................... 66
7.4 SPECIAL PROVISIONS .......................................................................................................... 67
SECTION 8 - RESIDENTIAL 4 (R4) ZONE ................................................................................... 68
8.1 PERMITTED USES ................................................................................................................. 68
8.2 HOLDING ZONES ................................................................................................................... 68
8.3 RESIDENTIAL 4 (R4) ZONE EXCEPTIONS ........................................................................... 68
SECTION 9 - RESIDENTIAL 5 (R5) ZONE ................................................................................... 70
9.1 PERMITTED USES ................................................................................................................. 70
9.2 SITE REGULATIONS - TOWNHOUSE DWELLING ............................................................................ 70
9.3 SITE REGULATIONS - MULTIPLE DWELLING .................................................................................. 70
9.4 SITE REGULATIONS - OTHER PERMITTED USES ........................................................................... 70
SECTION 10 - COMMERCIAL (C1) ZONE ................................................................................... 71
10.1 PERMITTED USES .............................................................................................................. 71
10.2 REGULATIONS FOR ACCESSORY DWELLING UNITS .................................................... 72
10.3 REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS .......................... 72
10.4 HOLDING ZONES ................................................................................................................ 73
10.5 COMMERCIAL (C1) ZONE EXCEPTIONS .......................................................................... 73
SECTION 11 - RURAL COMMERCIAL (C3) ZONE ..................................................................... 74
11.1 PERMITTED USES .............................................................................................................. 74
11.2 HOLDING ZONES ................................................................................................................ 74
11.3 RURAL COMMERCIAL (C3) ZONE EXCEPTIONS ............................................................. 74
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SECTION 12 - INDUSTRIAL (M1) ZONE ...................................................................................... 75
12.1 PERMITTED USES .............................................................................................................. 75
12.2 YARDS ABUTTING A RAILWAY RIGHT-OF-WAY .............................................................. 75
12.3 HOLDING ZONES ................................................................................................................ 75
12.4 INDUSTRIAL (M1) ZONE EXCEPTIONS ............................................................................. 75
SECTION 13- INDUSTRIAL WASTE DISPOSAL (M3) ZONE ..................................................... 77
13.1 PERMITTED USES .............................................................................................................. 77
13.2 INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS ............................................ 77
SECTION 14 - INSTITUTIONAL (I) ZONE .................................................................................... 78
14.1 PERMITTED USES .............................................................................................................. 78
14.2 HOLDING ZONES ................................................................................................................ 78
14.3 INSTITUTIONAL (I) ZONE EXCEPTIONS ........................................................................... 78
SECTION 15 - PASSIVE OPEN SPACE 1 (OS1) ZONE REGULATIONS .................................. 79
15.1 PERMITTED USES .............................................................................................................. 79
15.2 PASSIVE OPEN SPACE 1 (OS1) ZONE EXCEPTIONS ...................................................... 79
SECTION 16 - ACTIVE OPEN SPACE 2 (OS2) ZONE REGULATIONS ..................................... 80
16.1 PERMITTED USES .............................................................................................................. 80
16.2 ACTIVE OPEN SPACE 2 (OS2) ZONE EXCEPTIONS ........................................................ 80
SECTION 17 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE ....................... 81
17.1 PERMITTED USES .............................................................................................................. 81
17.2 ENVIRONMENTAL PROTECTION - WETLAND (EP-WET) ZONE EXCEPTIONS ............. 81
SECTION 18 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE ...................... 82
18.1 PERMITTED USES .............................................................................................................. 82
18.2 ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE SPECIAL PROVISIONS 82
18.3 ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE EXCEPTIONS .............. 82
SECTION 19 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE ............................. 83
19.1 PERMITTED USES .............................................................................................................. 83
19.2 ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE EXCEPTIONS .................... 83
19.3 ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE SPECIAL PROVISIONS ...... 83
SECTION 20 - ENVIRONMENTAL PROTECTION - SIGNIFICANT NATURAL AREA (EP-SNA) ZONE .... 84
20.1 PERMITTED USES .............................................................................................................. 84
20.2 ENVIRONMENTAL PROTECTION - SIGNIFICANT NATRUAL AREA (EP-SNA) ZONE
EXCEPTIONS ...................................................................................................................... 84
APPENDIX "A" - MINIMUM DISTANCE SEPARATION ........................................................... A-1
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SUMMARY OF AMENDMENTS
B/L 60 of 2014
Carol, Allan & Sherri Gray
Signed By-law
December 16, 2014
617 Robinson Road
A1 to A-NFD
B/L 25 of 2015
785387 Ontario Inc. (Simpson)
Signed By-law
June 1, 2015
5582 Bentpath Line
A1 to A-NFD
B/L 27 of 2015
Baresich a/f Charles Johnston
Signed By-law
June 15, 2015
7844 Bentpath Line
A1 to A-NFD
B/L 29 of 2015
Municipal
Signed By-law
531 Florence Road
C1 to
B/L 30 of 2015
Brookston Acres (2001) Inc.
Signed By-law
836 Gould Road
A to A-NFD
B/L 31 of 2015
Earl & Heather Morwood
Signed By-law
8286 Aughrim Line
A1 to A-NFD
B/L 32 of 2015
Union Gas Limited
Signed By-law
1523 Cuthbert Road
EP - WD & A1 to M1
B/L 44 of 2015
Susan, David & Scott Stocking
Signed By-law
1603 Oakdale Road
A1 to A-NFD
B/L 57 of 2015
Sharp Farms Inc.
Signed By-law
November 2, 2015
1304 Shetland Road
A2 to A-NFD(1)
B/L 21 of 2016
John Simpson
Signed By-law
May 16, 2016
973 Hale School Road
A1 to A-NFD
B/L 23 of 2016
Buurma a/f LaSalle Farms Ltd.
Signed By-law
June 6, 2016
171 Dawn Mills Road
A1 to A-NFD
B/L 31 of 2016
Bouma & Mellon a/f Whitton
Signed By-law
July 4, 2016
1113 & 1173 Dawn Valley Road
A1 to A-NFD
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SUMMARY OF AMENDMENTS
B/L 40 of 2016
Hugh & Monica Deighton
Signed By-law
October 5, 2016
4313 Bentpath Line
A1 to A-NFD
B/L 18 of 2017
Lovas Farms Ltd
Signed By-law
April 18, 2017
c/o Carl Lovas
A1 & A1 (3) to A1 & A-NFD
B/L 23 of 2017
Jasper Jensen
Signed By-law
May 15, 2017
1498 Oil Heritage Road
A1 to A-NFD
B/L 30 of 2017
Earl & Heather Morwood
Signed By-law
June 19, 2017
Lot 35, Con 10, Cameron Road
A1 to A-NFD
B/L 20 of 2017
John Raymond Moorhouse
Signed By-law
August 8, 2017
1247 Florence Road
M1(1) to A1 & A1(15)
B/L 41 of 2017
William & Shirley Phair
Signed By-law
September 5, 2017
3403 Lambton Line
A1 to A1 & A-NFD
B/L 5 of 2018
Todd Stevens
Signed By-law
January 8, 2018
577 Dawn Valley Road
A1 to A-NFD
B/L 16 of 2018
Greg & Samantha Roberts
Signed By-law
March 5, 2018
5176 Lambton Line
A1 to A-NFD
B/L 19 of 2018
David & Shirley Zimmerman
Signed By-law
March 19, 2018
1992 Hale School Road
A1 to A-NFD
B/L 22 of 2018
David Buurma
Signed By-law
April 16, 2018
1602 Oakdale Road
A1 to A-NFD
B/L 19 of 2019
Kate Buurma
Signed By-law
May 6, 2019
1804 Huff"s Corners Road
A1 to A-NFD
B/L 27 of 2019
Eddyview Farms Ltd
Signed By-law
July 2, 2019
1928 Dawn Valley Road
A1 to A-NFD & A1-16
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SUMMARY OF AMENDMENTS
B/L 29 of 2019
Spring Enterprises Inc.
Signed By-law
July 15, 2019
1245 McCready Road
Repealed by B/L 17/20
A1 to A-NFD & A1-17
B/L 30 of 2019
Spring Enterprises Inc.
Signed By-law
July 15, 2019
1886 McCready Road
Repealed by B/L 17/20
A1 to A-NFD
B/L 22 of 2020
Taylor & Brittany Babula
Signed By-law
Oct. 5, 2020
4379 Lambton Line
A1 to A-NFD
B/L 39 of 2020
Allen & Sandra McBrayne
Signed By-law
Nov. 2, 2020
924 Tramway Road
A1 to A-NFD
B/L 44 of 2020
Martha & Scott Gawley
Signed By-law
December 7, 2020
1587 Downie Road
A1 to A-NFD
B/L 15 of 2021
2821855 Ontario Inc.
Signed By-law
July 5, 2021
1166 Davis Road
A1 to A-NFD
B/L 16 of 2021
Connor Cook
Signed By-law
August 3, 2021
1443 Oakdale Road
A1 to R4
B/L 8 of 2022
BPS Ventures Inc.
March 7, 2022
1411 Tramway Road
Signed By-law
A1- A-NFD
B/L 13 of 2022
Ross & Connie McFadden.
April 4, 2022
1057 Hale School Road
Signed By-law
A1- A-NFD
B/L 18 of 2022
William & Janice Bilton
May 2, 2022
1562 Inwood Rd.
Signed By-law
A1- A-NFD & A1(18)
B/L 33 of 2022
Township of Dawn-Euphemia
November 7, 2022
Definition update
Signed By-law
"Kennel"
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B/L 34 of 2022
Allan& Diane Bergsma
Signed By-law
November 7,2022
6522 Bilton Line
A1 & EP-WD to I(2)
B/L 36 of 2022
December 5,2022
William Lee Whitton
Signed By-law
1405 Oil Heritage Rd
A1 to A-NFD
B/L 40 of 2022
Allan & Diane Bergsma
Signed By-law
December 19, 2022
984 Shetland Rd
A1 to A-NFD
B/L 5 of 2023
Chris & Patty Moorehouse
Signed By-law
1259 Florence Rd
A1 to A1(19)
B/L 16 of 2023
Prestige Finishing Inc.
Signed By-law
6203 Fansher Rd
C1 to R4
B/L 4 of 2024
Estate of Margarete Kotz
Signed By-law
2009 Dobbyn Rd.
A1 to AFD
B/L 18 of 2024
David Unsworth
Signed By-law
July 15, 2024
1272 Mandaumin Road
A1 to A-NFD-2
B/L 20 of 2024
Douglas Crummy
Signed By-law
August 6, 2024
481 Dawn Mills Rd
A2 to A2(4)
B/L 27 of 2024
James and Sandra Thompson
Signed By-law
October 21, 2024
784 Kerry Rd
A1 to A1(20) and A1 to A-NFD
B/L 5 of 2025
1838107 Ont. Ltd.
Signed By-law
1842 Mandaumin Rd
A1 to A-NFD
B/L 11 of 2025
1499031 Ont. Ltd. (c/o D. Munro)
Signed By-law
5045 Edys Mills Line
A1 to A-NFD
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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TOWNSHIP OF DAWN-EUPHEMIA
ZONING BY-LAW 54 OF 2014
Whereas Section 34 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended from time to
time, allows a governing body of a Municipal Corporation to pass By-laws to regulate the Use of
land and the character, location and Use of Buildings and Structures;
Be it therefore enacted by the Municipal Council of the Corporation of the Township of Dawn-
Euphemia as follows:
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION
1.1
TITLE
This By-law shall be known as the Corporation of the Township of Dawn-Euphemia Zoning By-
law.
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of
the Township of Dawn-Euphemia.
1.3
SCOPE
No lands shall be used and no Buildings or Structures shall be Erected, Altered, enlarged or
used within the Township of Dawn-Euphemia except in conformity with the provisions of this By-
law.
1.4
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous By-laws passed under Section 34 of the
Planning Act, R.S.O. 1990, Chap. P. 13, as amended, or a predecessor thereof, shall be
deemed to have been repealed.
1.5
VALIDITY / SEVERABILITY
Should any section, clause or provision of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected.
1.6
EFFECTIVE DATE
This By-law shall be deemed to be valid and to have come into force on the day of passing
hereof.
1.7
COMPLIANCE WITH OTHER RESTRICTIONS
This By-law shall not reduce any restrictions lawfully imposed by a governmental authority
having jurisdiction to make such restrictions.
Where an act or statute of Provincial or Federal Parliament is referenced in whole or in part in
this By-law, it shall include the current act or statute, all amendments and successors.
1.8
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 49 of the Planning Act, R.S.O. 1990, Chap. P. 13, as amended, a By-law
Enforcement Officer or any Person acting under his or her instructions may, at all reasonable
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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times and upon producing proper identification, enter and inspect any property on or in respect
of which he or she believes the contravention of this By-law is occurring.
A By-law Enforcement Officer or any Person acting under his or her instructions shall not enter
any room or place actually used as a Dwelling without requesting and obtaining the consent of
the occupier, first having informed the occupier that the right of entry may be refused and entry
made only under the authority of a search warrant issued under Section 158 of the Provincial
Offences Act, R.S.O. 1990, Chap. P.33 as amended.
1.9
VIOLATIONS AND PENALTIES
Pursuant to Section 67 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended, any person
who contravenes this By-law is guilty of an offence and on conviction is liable:
a)
on a first conviction to a fine of not more than $25,000; and
b)
on a subsequent conviction to a fine of not more than $10,000 for each day or part
thereof upon which the contravention has continued after the day on which the person
was first convicted.
Where a corporation is convicted for contravening this By-law the maximum penalty that may be
imposed is:
a)
on a first conviction a fine of not more than $50,000; and
b)
on a subsequent conviction a fine of not more than $25,000 for each day or part thereof
upon which the contravention has continued after the day on which the corporation was
first convicted.
1.10
RESTRAINING VIOLATIONS
Any violation of this By-law may be restrained by action at the instance of a ratepayer or the
Corporation of the Township of Dawn-Euphemia pursuant to the provisions of Section 440 of the
Municipal Act S.O. 2001, Chap. 25, as amended.
1.11
LICENSES AND PERMITS
No municipal permit, certificate or license shall be knowingly issued, where such is required, for
a proposed Use of land or proposed erection, Alteration, enlargement or Use of any Building or
Structure which is in violation of any of the provisions of this By-law. The issuance of any permit,
certificate or license shall not, however, constitute an acknowledgement that the provisions of
this By-law have been complied with.
1.12
REQUESTS FOR AMENDMENTS AND FEES
Applications for minor variances from the provisions of this By-law may be made to the
Municipality to be heard by a Committee of Adjustment pursuant to Section 45 (1) of the
Planning Act, R.S.O. 1990.
Applications for permission to extend or enlarge a legal Non-Conforming Use may be made to
the Municipality to be heard by a Committee of Adjustment pursuant to Section 45 (2) of the
Planning Act, R.S.O. 1990.
Applications for amendments to this By-law may be made to the Municipality to be heard by
Council pursuant to Section 34 (10) of the Planning Act, R.S.O. 1990.
A fee as prescribed by the Corporation's By-law, which sets a tariff of fees, shall accompany
every application requesting an amendment to this By-law.
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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Any Person may appeal to the Ontario Municipal Board against a decision of either the
Committee of Adjustment or Council by filing with the secretary-treasurer of the Committee of
Adjustment or the Clerk of the Municipality a notice of appeal setting out the objection to the
decision and the reasons in support of the objection accompanied by the prescribed fee
pursuant to Section 34 (19) or 45 (12) of the Planning Act, R.S.O. 1990.
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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SECTION 2 - DEFINITIONS
Note: The words, which are capitalized within the text of the definitions and throughout this
document, are also defined.
GENERAL
For the purposes of this By-law, the definitions and interpretations given in this section shall
govern.
In this By-law the word "shall" is mandatory. Words in the singular include the plural. Words in
the plural include the single number. Words used in the present tense include the future.
"ABATTOIR" means a Building, Structure, or Lot or part thereof used for the slaughter of
Livestock or other animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a Use, Building or Structure means a Use, Building or
Structure subordinate, incidental and secondary to the main Use, Building or Structure located
on the same Lot therewith.
"ACCESSORY DWELLING" see "DWELLING".
"ADULT LIVE ENTERTAINMENT PARLOUR" means any premises or part thereof in which is
provided, in pursuit of a trade, calling, business or occupation, goods or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations.
"AGGREGATE STORAGE AREA" means the Use of land for the Open Storage of aggregates
for sale or Use.
"AGRICULTURE" means the Use of land, for gain or profit, for the growing of crops, including
Nursery, biomass, and horticultural crops; Greenhouses; raising of Livestock and other animals
for food, fur or fibre, including poultry and fish; aquaculture; agro-forestry; maple syrup
production; apiary; and associated on-farm Buildings and Structures, including, but not limited to
Livestock Facilities, Manure Storages, value-retaining facilities, and accommodation for full-time
farm labour when the size and nature of the operation requires additional employment. This
definition shall include a Farm Produce Outlet. "AGRICULTURAL" shall have a corresponding
meaning.
"AGRICULTURAL IMPLEMENT SALES ESTABLISHMENT" means land, Structure or Building
used for the Outdoor Display and sales of new and/or second hand farm implements and
includes the servicing, repair, cleaning, polishing and greasing of farm implements, the sale of
accessories and related products and the leasing or renting of farm implements.
"AGRICULTURAL - INDUSTRIAL BRINE PROCESSING AND STORAGE USE" shall mean a
place of business for medium-scaled industry or business. Agricultural-Industrial Brine
Processing Use may include the storage of materials used for the on-site industrial processing
operation, and the transportation of materials, goods and commodities to and from the
premises.
"AGRICULTURAL PROCESSING ESTABLISHMENT" means the Use of land, Buildings
and/or Structures for the processing and storage of Agricultural produce, such as a feed and
grain mill.
"AGRICULTURAL SERVICE ESTABLISHMENT" means an Establishment other than a Motor
Vehicle Use, that provides a non-personal service or craft which supports the Agricultural
industry, including but not necessarily restricted to, farm drainage and excavation, well drilling,
contracting and trades related to farm Buildings, Structures and/or equipment, custom spray,
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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tillage, planting and harvesting services including seed cleaning and grain drying or other goods
and services used in Agriculture.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means the Use of land, Building and/or
Structure, for purposes including but not necessarily restricted to, the sale and/or storage of
seeds, fertilizers, and farm equipment. Goods or materials must be used in Agriculture.
"AGRI-TOURISM USE" means a business or activity carried out on an Agricultural Lot by
Persons residing on the Lot and/or in association with a Value-Added Industry, where such
business or activity is based in activities promoting hands-on education, familiarization, or
enjoyment of farm practices, farm-living, food and crop production, livestock, agricultural history,
or agricultural economy. Limited, secondary activities may include recreational activities,
promotion or education in local history, passive enjoyment or education in natural heritage, or
the provision of a limited number of Guest Rooms to those engaging in the activities provided by
the Agri-Tourism Use.
"AISLE" means the area used by Motor Vehicles for access to and from all off-Street Parking
Spaces, but does not include an access driveway.
"ALTER" when used in reference to a Building, Structure or part thereof, means to change any
one or more of the internal or external dimensions of such Building or Structure or to change the
type of construction of the exterior walls or roof thereof. When used in reference to a Lot, the
word "Alter" means to change the area, frontage or depth thereof; to change the width, depth or
area of any Required Yard, Landscaped Open Space or Parking Area; or to change the location
of any boundary of such Lot with respect to a Street or Lane whether such Alteration is made by
conveyance of any portion of such Lot, or otherwise. "ALTERED" and "ALTERATION" shall
have corresponding meanings.
"AMUSEMENT GAMES ESTABLISHMENT" means a Building or part thereof where five (5) or
more pinball machines, video games, or other similar player-operated amusement devices other
than a jukebox are maintained for profit, but shall not include premises licensed to sell alcohol, a
seasonal fair or any Use specifically defined in this By-law.
"ANIMAL HOSPITAL" means a Building and land where animals are treated by a veterinarian
and may include the following facilities: a reception area; an examination room/treatment area; a
pharmacy; a Laboratory; a library; radiology equipment; supplies for the administering of
anesthesia; surgical preparation area; operating room; and provisions for the confinement and
long term treatment of animals. An Animal Hospital may include facilities for the performance of
autopsy.
"ANTENNA" means the Use of land, Buildings or Structures for the purpose of sending or
receiving electromagnetic waves. An Antenna is Accessory to a Permitted Use and shall include
Antennae used exclusively for dispatch communications by the Corporation or the County, any
local board of either the Corporation or the County, a Conservation Authority established by the
Government of Ontario, or any Ministry or Commission of the Government of Ontario or
Canada.
"APPROVED" means Approved by an appropriate authoritative body as required under the Act
or Statute that legislates such establishment or development requiring approval.
"ART GALLERY" means a Building or part thereof where works of art such as paintings,
sculpture, pottery, glass and weaving are displayed for public viewing and may include sales of
art and/or art supplies.
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"ASPHALT BATCHING PLANT" means an industrial establishment used for the production of
asphalt, or asphalt products used in building or construction and includes facilities for the
administration and management of the business, the stockpiling of bulk materials used in the
production process or a finished product manufactured on the premises and the Open Storage
and maintenance of required equipment, but does not include the retail sale of finished asphalt.
"PORTABLE ASPHALT PLANT" means a temporary asphalt batching plant established for a
public Road project.
"ASSEMBLY HALL" means a Building or part of a Building used for the assembly of Persons
for religious, civic, charitable, philanthropic, cultural, private recreational, or private educational
purposes.
"ATTACHED" means a Building otherwise complete in itself that depends for structural support,
or complete enclosure, upon a division wall or walls shared in common with an adjacent
Building or Buildings.
"ATTIC" means that portion of a Building situated wholly or partly within the roof of such
Building and which is not a one-half Storey.
"AUCTION HALL" means a Building or Structure where a public sale is conducted by an
auctioneer through a series of competing bids and may include the storage of such articles to be
sold at auction.
"AUDITORIUM" means a Building or Structure where facilities are provided for athletic, civic,
educational, political, religious or social events. This definition may include an arena,
Community Centre, gymnasium, stadium, Theatre or similar Use.
"BAKERY" means a Building for producing, mixing, compounding or baking bread, biscuits,
cakes or other baked products.
"BAKE SHOP" means a Retail Store where Bakery goods are offered for sale, some or all of
which may be prepared on the premises.
"BALCONY" means a platform projecting from a Building enclosed by a railing or other barrier.
"BANK" means any Federally or Provincially chartered financial institution or business. This
definition includes a Credit Union or Caisse Populaire.
"BASEMENT" means that portion of a Building between two floor levels which is partly below
Finished Grade level but which has less than seventy percent (70%) of its Height (measured
from finished floor to finished ceiling) below adjacent Finished Grade level.
"BED AND BREAKFAST ESTABLISHMENT" means a Home Occupation within a Single
Detached Dwelling in which no more than three (3) Guest Rooms are made available by a
resident of the said Dwelling for temporary accommodation of travelers. Meals or food are
served only to overnight guests. The definition does not include a Hotel, Motel, Boarding House
or Restaurant.
"BINGO HALL" means a Building used for the assembly of Persons for the playing of bingo.
This Use shall not include any other recreational Use as defined in this By-law.
"BOARDING HOUSE" see "DWELLING".
"BREEZEWAY" means a roofed, open or enclosed passage connecting two (2) or more
Buildings.
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"BREWING ON PREMISES ESTABLISHMENT" means a commercial establishment where
individuals produce beer, wine and/or cider, for personal consumption off the premises; and
where beer, wine and/or cider ingredients and materials are purchased. Equipment and storage
area is used for a fee by the same individuals.
"BUILDING" means a Structure whether temporary or permanent, used or intended for
sheltering any Use or Occupancy but shall not include a boundary wall, fence, Travel Trailer,
camping trailer, truck camper, Motor Home, or tent. This definition may include a roof supported
by columns or walls.
"BUILDING ENVELOPE" means the portion of a Lot remaining after required Front, Rear and
Side Yards have been provided.
"BUILDING HEIGHT" means the vertical distance between the ground floor and the highest
point of the Building proper, exclusive of any Accessory roof Structures such as an Antenna,
chimney, steeple or tower.
"BUILDING, MAIN" means the Building or Buildings designed and/or intended to accommodate
the principal Use Permitted by this By-law.
"BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for the purposes
of undertaking or managing activities engaged in maintaining and building new Structures, or
works, additions or Renovations and typically includes the Offices of general building
contractors, specialized trades and Building maintenance services such as window cleaning and
extermination services and may include a showroom and/or Outdoor Display area open to the
general public. Also included is the prefabrication of building equipment and materials and
wrecking and demolition contractors' Offices, but does not include Salvage Yards.
"BUILDING SUPPLY ESTABLISHMENT" means a Building or Structure in which building or
construction and home improvement materials are offered or kept for retail sale and may include
the fabrication of certain materials related to home improvement.
"BULK FUEL DEPOT" means the use of land, Buildings or Structures for the purpose of storing
fuels for distribution.
"BULK SALES ESTABLISHMENT" means the Use of land, Buildings or Structures for the
purpose of buying and selling and the Open Storage of lumber, wood, building materials, feed,
fertilizer, and allied commodities, but does not include manufacturing or processing.
"BUSINESS SERVICE ESTABLISHMENT" means an establishment primarily engaged in
providing services to business establishments on a fee or contract basis, including advertising
and mailing, building maintenance, employment services, protective services, and small
equipment rental, leasing and repair.
"BY-LAW ENFORCEMENT OFFICER" means an officer or employee of the Municipality or
County for the time being charged with the duty of enforcing the provisions of this By-law, and
shall include the building inspector.
"CAMP SITE" means a parcel of land within a Campground occupied by or intended for the
parking of Travel Trailers, Park Model Homes, tent-trailers, tents or similar transportable
accommodation other than Mobile Homes.
"CAMPGROUND" means land used for the parking of Travel Trailers, tent-trailers, tents or
similar transportable accommodation, but not including a Mobile Home or Park Model Home as
defined in this By-law.
"CANOPY" means a roof free of enclosing walls.
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"CANTILEVER" means a projecting architectural feature including a beam or Structure
supported at only one end, but shall not include any portion of an upper Storey overhanging a
lower Storey beyond the extent of the foundation.
"CARPORT" means an Accessory covered Structure Attached to the wall of the Main Building
and used for the storage of passenger Motor Vehicles wherein neither servicing for profit is
conducted nor storage of commercial vehicles in excess of 2,270 kilograms gross weight
occurs. The roof of said Structure shall be supported only by piers or columns so that a portion
of its wall area is unenclosed.
"CELLAR" means that portion of a Building between two floor levels which has more than
seventy percent (70%) of its Height (measured from finished floor to finished ceiling) below
adjacent Finished Grade level.
"CEMETERY" means land that is set apart or used as a place for the interment of the deceased
or in which human bodies have been buried and may include a crematorium, mausoleum and a
columbarium.
"CHURCH" means a Building used by a religious organization for public worship, and may
include a rectory or manse, church hall, day nursery or religious school associated with or
accessory thereto.
"CLINIC" means a Building or part thereof, used exclusively by physicians, dentists, drugless
practitioners, their staff and their patients for the purpose of consultation, diagnosis and office
treatment. Without limiting the generality of the foregoing, a Clinic may include administrative
Offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly
associated with the Clinic, but shall not include accommodation for in-patient care or operating
rooms.
"CLUSTER HOUSING" see "DWELLING".
"COMMERCIAL GARAGE" means an establishment or premises where Commercial Motor
Vehicles are stored indoors or in Open Storage or where Motor Vehicles are repaired or
maintained.
"COMMERCIAL GREENHOUSE" means a Building or Structure used for the growing of
flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted
outdoors on the same Lot containing such Building or Structure, but are sold directly from such
Lot at wholesale or retail and may include an Outdoor Display area.
"COMMERCIAL RECREATION ESTABLISHMENT" means a Building, or part thereof, used for
the purpose of an arena, Auditorium, Assembly Hall, billiard or pool room, Bingo Hall, gym or
fitness centre, ice or roller rink, indoor swimming pool, and all places of amusement, but not
including an amusement games establishment, cinema or other Theatre, drive-in theatre or
amusement park.
"COMMERCIAL STORAGE" means the storage, for hire or gain, of goods, merchandise,
materials or equipment in an enclosed Building other than a Temporary Building but shall not
include a Warehouse.
"COMMERCIAL USE" means the use of land, Buildings or Structures for the purpose of buying,
renting or selling commodities and supplying services, but does not include an Industrial Use or
any other commercial use otherwise defined or classified in this By-law.
"COMMUNITY CENTRE" means land, Buildings or Structures used for community activities,
including Active or Passive Recreation and Institutional Uses.
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"CONSERVATION" means the use of land and/or water for the purpose of planned
management of natural resources, including woodlot management, and for the preservation and
enhancement of the natural environment.
"CONSERVATION AUTHORITY" means the St. Clair Region Conservation Authority.
"CONVENIENCE STORE" means a Retail Store supplying groceries and other daily household
necessities to an immediate surrounding residential area, and may include the rental of videos,
the heating of pre-packaged food, an automated banking machine and/or depots for such items
as film, laundry or Dry Cleaning.
"CONVERTED DWELLING" see "DWELLING".
"CORPORATION" means the Corporation of the Township of Dawn-Euphemia.
"COUNCIL" means the Council of the Corporation of the Township of Dawn-Euphemia.
"COUNTY" means the Corporation of the County of Lambton.
"COURT" means an open (to the sky), unoccupied space adjoining or within the perimeter of a
Building, such space being bounded on three (3) or more sides by walls of the said Building.
When fully enclosed within a Building, a Court shall be included as Lot Coverage, but not as
Floor Area.
"CRUSHING PLANT" means an industrial establishment where aggregate is processed
through a crushing and sorting operation into various grades of gravel.
"DANGEROUS GOODS" means explosives, flammable or combustible liquids or gases, toxic
substances, radioactive material, corrosives or any other product or substance that is
considered dangerous to life when handled or transported.
"DATA PROCESSING ESTABLISHMENT" means a Building, or part thereof, used for input,
processing and printing of computerized data.
"DAY NURSERY" means a premises that receives more than five (5) children who are not of
common parentage, primarily for the purpose of providing temporary care and/or guidance, for a
continuous period not exceeding twenty-four (24) hours, where the children are under eighteen
(18) years of age in the case of a Day Nursery for children with a developmental handicap and
under ten (10) years of age in all other cases. A Day Nursery does not include any part of a
School.
"DECK (UNENCLOSED)" means a Structure without a roof or walls, having its platform
situated a minimum of 0.2 metres above grade, and may be Attached to or abutting one or more
walls of a Building or constructed separate from a Building. A Deck (Unenclosed) is subject to
the provisions of Section 3.15 of this By-law.
"DERELICT MOTOR VEHICLE" means a Motor Vehicle or any other vehicle propelled or
driven otherwise than by muscular power that is unlicensed and/or inoperative and is not in an
enclosed Building.
"DETACHED" means not Attached, as defined herein.
"DRY CLEANING DEPOT" means a Building, or part thereof for the purpose of receiving
articles or goods of fabric to be subjected, off the premises, to a process of dry cleaning or
dyeing. Such establishment may also be used for pressing and/or distributing any article or
good of fabric received at such an outlet.
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"DRY CLEANING ESTABLISHMENT" means a Building, or part thereof, where dry cleaning,
dye drying, cleaning, or pressing of articles or goods of fabric is performed, and in which only
non-combustible and non-flammable solvents are used, emitting no odours, fumes, noise, or
vibration which would cause a nuisance or inconvenience within or outside the premises.
"DUPLEX DWELLING" see "DWELLING".
"DUPLICATING SHOP" means a premise engaged in reproducing drawings, plans, maps or
other copy, by blueprinting, photocopying or small offset process.
"DWELLING" means a Building or part thereof used or intended, adapted or designed to be
used, occupied or capable of being occupied, as a home, residence or sleeping place for one or
more Persons having a right to the exclusive Use thereof, but shall not include any Travel
Trailer, Hotel, Motel, Private Garage, a Home for the Aged, Nursing Home, or Hospital.
a)
"ACCESSORY APARTMENT DWELLING" shall mean a Dwelling Unit located within a
Permitted Non-Residential Building and located above and/or behind the primary
Permitted Use. This definition shall not include a Converted Dwelling Unit, Accessory
Second Dwelling Unit or a Multiple Dwelling Unit.
b)
"ACCESSORY DWELLING" shall mean a Dwelling Unit, including a Single Detached
Dwelling, on a Lot containing a Commercial or Industrial Use as the primary Use. Such
Dwelling is Accessory and secondary to the primary Use and is occupied by an owner or
employee of the primary Use. This definition shall not include an "Accessory Second
Dwelling.
c)
"ACCESSORY SECOND DWELLING" shall mean a Dwelling Unit that is Accessory to
a main Dwelling Unit on the same Lot and does not significantly change the character of
the Dwelling or Lot from that which is normal for the primary Dwelling type for which the
Lot is zoned. It is either contained within the main Dwelling Unit or a Detached
Accessory Building. The Gross Floor Area of an Accessory Second Dwelling shall
include any portion located within a Basement. Where an Accessory Second Dwelling is
established within a Dwelling, it shall be understood not to change the Permitted Use
category by which the main Dwelling would be defined in the absence of the Accessory
Second Dwelling.
d)
"BOARDING HOUSE" means any Building or part thereof in which the proprietor
resides and supplies for hire or gain to not more than six (6) Persons exclusive of the
lessee or Owner thereof or members of his family, lodging and/or meals, but shall not
include a Hotel, Motel, Bed and Breakfast Establishment, Hospital, or Nursing Home.
e)
"CLUSTER HOUSING" means a group or groups of Dwelling Units which may be in
various forms, and so located on a Lot that each Dwelling Unit may not have frontage on
a public Street or Road and more than one (1) Dwelling Unit may exist on one (1) Lot.
Cluster Housing development shall have frontage on a public Street.
f)
"CONVERTED DWELLING" means a lawfully established Single Detached Dwelling
which is Altered or converted, subject to Section 3.23, so as to provide up to three (3)
Dwelling Units.
g)
"DUPLEX DWELLING" means a Dwelling divided horizontally into two (2) separate
Dwelling Units, each of which has an independent entrance.
h)
"FARM DWELLING" means a Single-Detached Dwelling which is Accessory to an
Agricultural Use other than a Hobby Farm or located on a Lot on which the Main Use is
Agriculture.
j)
"GROUP HOME-TYPE 1" means a residential Dwelling in which three (3) to ten (10)
unrelated residents live under responsible supervision consistent with the requirements
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of its residents. "Residents" excludes staff or receiving family. This does not include a
Group Home Type 2.
k)
"GROUP HOME TYPE 2" means a residence maintained and operated primarily for:
Persons who have been placed on probation under the provisions of Acts such as the
Criminal Code. R.S., Chap. C-46, as amended, The Young Offenders Act. R.S., Chap.
Y-1, as amended, The Ministry of Correctional Services Act, R.S.O., 1990, Chap. M.22,
as amended and the Parole Act. R.S., Chap. P-2, as amended. The number of Persons
residing therein shall be up to eight (8) excluding staff.
l)
"MODULAR HOME" means a prefabricated Single Detached Dwelling designed to be
transported once only to a final location and constructed so as the shortest side of such
Dwelling is not less than 6.0 metres in width.
m)
"MOBILE HOME, DOUBLE WIDE," means a C.S.A. approved, factory built Dwelling
occupied or designed for Occupancy on a permanent basis, towed or designed to be
towed in two or more separate sections with each section on its own chassis and joined
together to form one (1) Dwelling Unit and placed on a permanent foundation with or
without a Basement or Cellar and connected or designed to be connected to Public
Utilities, but shall not include a single wide mobile home or a Travel Trailer.
n)
"MOBILE HOME, SINGLE WIDE" means a C.S.A. approved, factory built Dwelling
occupied or designed for Occupancy on a permanent basis having a Ground Floor Area
of not less than sixty-five (65) square metres, designed to be towed on its own chassis,
notwithstanding that its running gear is or may be removed, placed or designed to be
placed on permanent foundations and connected or designed to be connected to public
utilities, but shall not include a Double Wide Mobile Home or a Travel Trailer.
o)
"MULTIPLE DWELLING" means a Building on a Lot used or designed as a residence
and containing four (4) or more Dwelling Units all of which have access from a common
corridor or hallway and/or an independent entrance from the outside. All of the Units in a
Multiple Dwelling must be Dwelling Units, as defined in this By-law. It shall not, however,
include any other Dwelling otherwise defined herein or specifically named elsewhere in
this By-law.
p)
"NON-FARM DWELLING" shall mean a Dwelling not Accessory to an Agricultural
operation.
q)
"PARK MODEL HOME" means a manufactured Building used or intended to be used
as a seasonal recreational Building of residential Occupancy designed and constructed
in conformance with CAN/CSA-Z241 Series-M, "Park Model Trailers".
r)
"SEASONAL HOUSING" means a Dwelling used or intended, adapted or designed to
be used as a home, residence or sleeping place during any portion of the year except
winter months by seasonal or migrant workers and/or their families. Seasonal Housing is
Accessory to a labour-intensive Agricultural Use on the same Lot.
s)
"SINGLE DETACHED DWELLING" means a Detached Dwelling containing only one (1)
Dwelling Unit and being the only Dwelling on the Lot unless the provisions of this By-law
specify more than one Single Detached Dwelling is Permitted on a particular Lot.
t)
"SEMI-DETACHED DWELLING" means one (1) of a pair of single Dwellings, divided
vertically in whole or in part above Finished Grade, below Finished Grade, or both above
and below Finished Grade. This definition includes a link home consisting of two
Dwellings.
u)
"STREET TOWNHOUSE" means a Townhouse with each Unit on a separate Lot.
v)
"TOWNHOUSE" means the whole of a Dwelling divided vertically into three (3) or more
separate Dwelling Units, each such Dwelling Unit having an independent entrance
directly from outside the Building. This definition shall include a link home of three or
more units.
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w)
"TRIPLEX DWELLING" means the whole of a Dwelling divided horizontally into three
(3) separate Dwelling Units, each such Dwelling Unit having an independent entrance
from the outside or from a common hallway or stairway inside the Building.
"DWELLING UNIT" means a suite of two (2) or more Habitable Rooms, in which sanitary
conveniences are provided and in which facilities are provided for cooking or for the installation
of cooking equipment, and with an independent entrance, either directly from outside the
Building or from a common corridor inside the Building. This definition shall not include a Motor
Home, a Private Garage or a Travel Trailer.
"DWELLING UNIT AREA" means the habitable area contained within the inside walls of a
Dwelling Unit, excluding any Private Garage, Carport, Porch, verandah, unfinished Attic, Cellar
or sun room (unless such sun room is habitable in all seasons of the year), and excluding
common hallways, common stairways or other common areas.
"EASEMENT" means a right or privilege that one has over the lands of another, registered on
title to the said lands and may pertain to access rights above, below or on the said lands.
"ERECT" means to build, construct, reconstruct or relocate and, without limiting the generality
of the word, also includes:
a)
any preliminary operation such as excavation, infilling or draining;
b)
Altering any Existing Building or Structure by an addition, enlargement, extension or
other structural change; and
c)
any work which requires a Building permit.
"ESTABLISHED BUILDING LINE" means the minimum Setback required for a Building on a
Lot that is between two (2) adjacent Lots within the same Zone, on which are located Existing
Buildings not more than 100 metres apart, and shall be calculated using the average of the
established Setbacks on the said adjacent Lots, provided that no Setback requirement
calculated in accordance with this definition shall exceed the applicable Setbacks required of
the appropriate Zone provisions. Existing Buildings on the Lot for which construction is being
proposed may be factored into the average for determining the Established Building Line.
Detached Accessory Buildings shall not be factored in determining an Established Building Line
for a Main Building.
"EXISTING" means Existing on the date of passing of this By-law, legally established under the
regulations in place at the time of its establishment, and with respect to a Building or Structure,
also means in a sound condition not requiring demolition or significant repairs or alterations or
removed within the last 12 months and determined by the By-law Enforcement Officer to have
been in such condition prior to its removal. "EXISTED" shall have a corresponding meaning.
"EXTRACTIVE USE" means the Use of land Licensed for the removal of gravel, sand, clay,
earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other similar
substance for construction, industrial or manufacturing purposes, and includes an Aggregate
Storage Area, Accessory Uses, Buildings or Structures. Permitted Accessory Uses include the
blending of recovered materials that are brought to the Extractive Use.
"FARM DWELLING" see "DWELLING".
"FARM PRODUCE OUTLET" means a use, Accessory to an Agricultural Use, which consists of
the retail sale of Agricultural products produced primarily on the farm where such outlet is
located or by the farm operation to which the farm belongs.
"FARMERS MARKET" means a Building, part of a Building, or an open area where Agricultural
produce is offered or temporarily stored for retail sale on the site by more than one (1) vendor.
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"FARM PRODUCE PROCESSING ESTABLISHMENT" means the Use of land, Buildings or
Structures where Agricultural produce, including meat and poultry products, are prepared or
packaged and from which such produce and products are shipped to a wholesale or retail outlet.
"FINISHED GRADE" means the average elevation between the highest and lowest point of the
finished surface of the ground measured around the perimeter of the base of a Building or
Structure exclusive of any embankment in lieu of steps.
"FLEA MARKET" means the occasional or periodic market held in an open Outdoor Display
area or in a Building or Structure, where groups of individual sellers display and offer goods for
sale to the public, but does not include a Garage Sale. When a Flea Market is permanent or
operated by a single vendor, only the sale of used, unpackaged household items shall be
Permitted. Outdoor display or storage of goods is prohibited outside of regular operating hours.
"FLOOR AREA, GROSS" in the case of a Dwelling, means the sum total area of the floors,
excluding unenclosed Porches and internal Parking Areas, in the Building or Buildings on a site
measured from the exterior walls or from the centre line of common walls separating the
Buildings provided that where the floor area is within a roofed Structure without exterior walls
the Gross Floor Area shall be the area covered by the roof, or in the case of a Building other
than a Dwelling, means the aggregate of the area of all floors devoted to retail sales, customer
service and/or Office Use measured from the outside face of exterior walls but shall not include
mezzanine areas, mechanical rooms, common halls, stairwells, garbage and electrical rooms
and parking Structures.
"FLOOR AREA, GROUND" means the area of a Building or Structure measured from the
outside of its exterior walls and exclusive of any Attached Accessory Building, terrace,
unenclosed sun room, Deck, Porch or verandah.
"FORESTRY" means the use of land for the care, cultivation and maintenance of trees for profit
or gain.
"FUNERAL HOME" means a Building or Structure designed for the purpose of furnishing
funeral supplies and services to the public and includes facilities intended for the preparation of
the dead human body for interment or cremation and may include a chapel for funeral purposes.
"FURTHER CONTRAVENE" means the making of an addition to an Existing Non-Complying
Building or Structure, any part of which addition does not comply with the required Setbacks or
any other provision of this By-law.
"GARAGE SALE" means an occasional sale, held by the occupants of a Dwelling Unit on their
own premises, of household goods and not merchandise which was purchased for resale or
obtained on consignment.
"GARDEN CENTRE" means the use of land, Buildings or Structures for the purpose of buying,
selling and raising plants, shrubs and trees and includes the Outdoor Display, storage and sale
of products generally used for landscaping and gardening purposes.
"GAS BAR" means one (1) or more fuel pumps for the sale of motor fuels and related products
for Motor Vehicles, together with the necessary pump islands, light standards, Propane Transfer
Facility, kiosk, concrete aprons, Canopy, storage tanks and related facilities required for the
dispensing of fuel.
"GAS COMPRESSOR STATION" means the Use of land, Buildings or Structures for the
storage, regulation of flow and distribution of natural gas and for activities related to the
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operation and maintenance of a natural gas transmission and distribution system, including
Offices, Open Storage of incidental materials and equipment, maintenance Buildings, and small-
scale fabrication.
"GASOLINE PUMP ISLAND" means the portion of a Lot where a pump or pumps used to
transfer fuel from storage tanks to Motor Vehicles is (are) situated.
"GASOLINE RETAIL FACILITY" means a premise where the retail sale of fuel or lubricants for
Motor Vehicles constitutes either the sole use, such as a Gas Bar, or an Accessory Use, such
as a Gasoline Pump Island or Propane Transfer Facility. This definition is not intended to be as
broad a definition as a Motor Vehicle Service Establishment.
"GAZEBO" means an Accessory Structure that consists of a platform and roof but no walls and
that is unenclosed except that a wire-mesh bug screen, benches and/or railings around its
perimeter and such posts as are reasonably necessary to hold the roof erect shall be permitted.
"GIFT SHOP" means a Retail Store specializing in the sale of ornaments, cards, magazines
and confectioneries.
"GOLF COURSE" means a public or private area designed and operated primarily for the
purpose of playing golf.
"GOLF COURSE, MINIATURE" means a Use which provides facilities designed and operated
primarily for what is commonly known as miniature golf but does not include a Golf Driving Tee
or Range or a Golf Course as defined herein.
"GOLF DRIVING TEE OR RANGE" means a Use which provides facilities designed and
operated primarily for the practicing of golf shots but does not include Miniature Golf Courses or
Golf Courses as defined herein.
"GRAIN ELEVATOR" means a Building or Structure used for the storage of grain.
"GROUP HOME-TYPE 1" see "DWELLING".
"GROUP HOME-TYPE 2" see "DWELLING".
"GUEST ROOM" means a room or suite of rooms which contain no facilities for cooking or for
the installation of cooking equipment and which is used or designed for gain or profit by
providing accommodation to the travelling or vacationing public.
"GUN SHOP" means a Building used for the retail sale of firearms, gun smithing and the sale of
ammunition and accessories.
"HABITABLE ROOM" means a room designed to provide living, dining, sleeping, bathroom or
kitchen accommodation for Persons. This definition shall not include any Private Garage,
Carport, Cellar, unheated Porch or verandah, unfinished Attic, unfinished Basement, or any
space used for the service and maintenance of a Dwelling or for vertical travel between Storeys.
"HEALTH/RECREATIONAL FACILITY" means a Private Club or public facility (athletic, health
or recreational), including Uses such as reducing salons and weight control establishments,
game courts, exercise equipment, locker rooms, jacuzzi and/or sauna and pro shop.
"HEIGHT" means "BUILDING HEIGHT", when referring to a Building, and in all other cases,
where no method for determining Height is described, shall mean the vertical distance between
Finished Grade and the highest vertical point of the Structure, Sign, fence, Planting Strip or
other object.
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"HOBBY FARM" means a Livestock Facility in the Agricultural 2 (A2) Zone with a Livestock
Housing Capacity of no greater than four (4) Livestock Units or fifty (50) animals, whichever is
less.
"HOLDING PROVISIONS" can be applied to lands to delay their development until specific
conditions have been fulfilled. The Planning Act, as amended, enables Council to place these
restrictions on the Use of land. Holding provisions are depicted by the letter (h), which can be
added as a suffix to any Zone symbol. The Council will remove the (h) symbol, once conditions
for the proper development of the affected lands are satisfied.
"HOME FOR THE AGED" means a Building, Structure or Portion thereof operated as an
Approved Home for the Aged or Rest Home established and maintained by the Municipality or
jointly by one or more municipalities of the County of Lambton and operated under a board of
management for accommodation and amenities for senior citizens in return for compensation. A
Home for the Aged is subsidized by the Province under a service agreement with the Crown. A
Home for the Aged shall not include a public or Private Hospital, Nursing Home or Group Home.
"HOME OCCUPATION" means an Accessory Use to a Dwelling Unit, owned by and employing
at least one of the permanent residents of that Dwelling Unit, to conduct one or more full-time or
part-time occupations or business activities. This definition shall include a Bed & Breakfast and
a Clinic.
"HOSPITAL" means any institution, Building or other premises or place established for the
treatment of Persons afflicted with or suffering from sickness, disease or injury or for the
treatment of convalescent or chronically ill Persons that is Approved as a public Hospital. This
definition shall also include a "PRIVATE HOSPITAL", which means a dwelling in which four (4)
or more patients are or may be admitted for treatment, other than an independent health facility,
institution for the reclamation and cure of habitual drunkards, a children's residence or a lodging
house.
"HOTEL" means a Building in which a minimum of four (4) Guest Rooms are provided for the
travelling public, and may include dining and other public rooms, provided that each Guest
Room may be entered from inside or outside of the Building.
"INDUSTRIAL USE" means the Use of land, Structures or Buildings for each or any of the
following operations:
a)
the carrying on of any process of manufacture whether or not a finished article results
therefrom;
b)
the dismantling and separating into parts of any article, machinery or vehicle, but not
including an Motor Vehicle Wrecking Establishment;
c)
the breaking up of any articles, goods or machinery;
d)
the treatment of waste materials of all descriptions;
e)
the recovery and processing of sand, gravel, clay, turf, soil, rock, stone or similar
substances;
f)
the repairing and servicing of vehicles, machinery and Buildings; and may include;
i)
the Open Storage of goods used in connection with or resulting from any of the
above operations;
ii)
the provisions of amenities for Persons engaged in such operations;
iii)
the sale of goods resulting from such operations; and
iv)
any work of administration or accounting in connection with the undertaking;
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and without limiting the generality of the foregoing, includes any industry particularly defined in
this By-law, but does not include a "Home Occupation".
"INDUSTRIAL USE, DRY" means any Industrial Use Permitted by the applicable Zone where
water is only required for employee washrooms and eating facilities, cooling or pressure testing
of equipment, the washing of Accessory vehicles and similar ancillary Uses and not for
processing.
"INDUSTRIAL USE, GENERAL" means any Industrial Use other than a Service and Repair
Shop, a Light Industrial Use, or an Offensive Industrial Use.
"INDUSTRIAL USE, LIGHT" means any Industrial Use in which the Building or the Structure
thereby occupied or employed, the processes carried on, the material used or stored, the
machinery employed and the transportation of materials, goods and commodities to and from
the premises will not cause injury to or prejudicially affect the amenity of the locality by reason of
the appearance of such Building, Structure or materials or by reason of the emission of noise,
vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste paper, waste products,
grit, oil or otherwise.
"INDUSTRIAL USE, OFFENSIVE" means any business or industry which by reason of the
process involved or the method of manufacture or the nature of the material or goods used,
produced or stored is likely to cause or causes by reason of destructive gas or fumes, dust,
objectionable odour, noise or vibration, or unsightly storage of goods, wares, merchandise,
salvage, junk, waste or other material, a condition which may be or become hazardous or
injurious as regards health or safety or which prejudices the character of the neighbourhood or
interferes with or may interfere with the normal enjoyment of any land, Building or Structure.
"INSTITUTIONAL USE" means the Use of any land and/or Building or part thereof by a
government, educational, charitable or non-profit organization in the carrying out of its function
and without limiting the generality of the foregoing, shall include municipal Offices, Libraries, fire
halls, Churches, Hospitals, Schools, Community Centres, Private Clubs and Assembly Halls.
"KENNEL" shall mean any building, pen or other structure, but not including a building used for
human habitation, in which a dog or dogs are kept, whether or not for breeding or boarding and
in respect of which the owner has or is eligible to have issued by the Municipality, a kennel
license pursuant to the regulations.
"LABORATORY" means a Building, or part thereof, used for scientific, medical and/or research
purposes.
"LANDSCAPED OPEN SPACE" means the open, unobstructed space, on a Lot, accessible by
walking from the Street on which the Lot is located and which is maintained and suitable for the
growth and maintenance of grass, flowers, bushes, trees, and other landscaping. This definition
may include any surfaced walk, patio, or similar area provided that such surfaced walk, patio, or
similar Structure is not more than 40% of the Landscaped Open Space area, but shall not
include any driveway or ramp, whether surfaced or not, nor any curb, retaining wall, or any
Parking Area; nor any open space beneath or within a Building or Structure.
"LANE" means a private thoroughfare which affords only a secondary means of access for
vehicular traffic to abutting Lots and which is not intended for general traffic circulation.
"LAUNDROMAT" means an establishment containing one (1) or more washers, and could
include drying, ironing, finishing and incidental equipment, provided that only water, soaps and
detergents are used and provided that no such operation shall emit any noise or vibrations
which cause a nuisance or inconvenience within or without the premises. This definition may
include a self-service coin operated Laundromat.
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"LAUNDRY PLANT" means a Building or a Structure in which the business of a laundry is
conducted in which only water and detergent is used, and where the drying, ironing and
finishing of such goods are conducted.
"LIBRARY" means a Library, branch Library or distribution station established as a public
Library by by-law by Council or the County and the trustees of an improvement district or
established under the Public Libraries Act or a predecessor.
"LICENSED" means Licensed by an appropriate authoritative body as required under the Act or
Statute, which legislates such establishment requiring licensing.
"LIVESTOCK" means farm animals kept for Use, for propagation, or intended for profit or gain,
and without limiting the generality of the foregoing includes, but may not necessarily be limited
to, dairy and beef cattle, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals, deer
and elk, game animals, birds and other animals identified in Appendix "A", Table 1.
"LIVESTOCK FACILITY" means one or more Buildings or Structures designed, used or
intended for housing, feeding or keeping Livestock including Riding Schools, anaerobic
digesters, manure transfer facilities and Manure Storages. Portions not storing manure or not
occupied by Livestock long enough for substantial amounts of manure to accumulate are not
subject to MDS I or MDS II measurements.
"LIVESTOCK HOUSING CAPACITY" means the number of Livestock that can be
accommodated by all Livestock Facilities on a Lot at any one time, including those that are
empty but able to house Livestock.
"LIVESTOCK, LARGE" means any Livestock of a type of which an adult equals more than one
fifteenth of a Nutrient Unit.
"LOADING SPACE" means an off-Street space on the same Lot as the Building, or contiguous
to a group of Buildings, for the temporary parking of a Commercial Motor Vehicle while loading
or unloading merchandise or materials, and which abuts a Street, Lane, or other appropriate
means of access. The provision of Loading Spaces shall be in accordance with Section 3.26.
"LOT" means land within a registered plan of subdivision (but not including plans deemed not to
be registered pursuant to Section 50(4) of The Planning Act, R.S.O. 1990, Chap. P. 13, as
amended) or any land that may be legally conveyed under the exemption provided in clause (b)
or (f) of subsection 3 or clause (a) or (f) of subsection 5 of Section 50 of The Planning Act,
R.S.O. 1990, Chap. P. 13 as amended, the boundaries of which are recorded in the Registry
Office for the Registry Division of the County of Lambton.
a)
"CORNER LOT" means a Lot, situated at the intersection of and abutting upon two (2)
or more Streets, provided that the angle of intersection of such Streets is not more than
one hundred and thirty-five (135) degrees.
b)
"INTERIOR LOT" means any Lot having Street Access, other than a Corner Lot.
c)
"THROUGH LOT" means an Interior Lot having Street Access on two (2) or more Street
Lines, other than a Corner Lot.
"LOT AREA" means the total horizontal area within the Lot Lines of a Lot.
"LOT COVERAGE" means that percentage of the Lot Area covered by the perpendicular
projections onto a horizontal plane of the area of all Buildings and Structures on the Lot. Lot
Coverage shall not include Balconies, Canopies and overhanging eaves provided none of the
foregoing are less than 2.4 metres above Finished Grade. Lot Coverage shall not include
private Decks (Unenclosed) and Private Swimming Pools. Lot Coverage shall include enclosed
and unenclosed Porches.
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"LOT DEPTH" means the length of a straight line joining the middle of the Front Lot Line with
the middle of the Rear Lot Line. If there is no Rear Lot Line, Lot Depth means the length of a
straight line joining the middle of the Front Lot Line with the apex of the triangle formed by the
Side Lot Lines.
"LOT FRONTAGE" means the horizontal distance between the Side Lot Lines, measured
perpendicularly from the line that measures Lot Depth, a distance equal to the minimum Front
Yard Depth required by this By-law. Lot Frontage shall not include the extent to which a Lot
abuts the end of a Street, other than a Street that terminates in a cul-de-sac, and shall not
include the extent to which a Lot abuts an unopened Street Allowance.
"LOT LINE" means any boundary of a Lot or the vertical projection thereof. There shall be
deemed to be two (2) Lot Lines in cases where a Lot Line changes by a direction that is less
than 135. There shall be deemed to be one continuous Lot Line in cases where the change in
direction is 135 or greater.
a)
"FRONT LOT LINE" means in the case of an Interior Lot, the line dividing the Lot from
the Street. In the case of a Vacant Corner Lot, the shorter Lot Line abutting a Street shall
be deemed the Front Lot Line. In the case of a Through Lot, a Corner Lot on which is
already located a Main Use, or a Corner Lot whose Exterior Side Lot Lines are the same
length, the Lot Line where the principle access to the Lot is provided shall be deemed to
be the Front Lot Line.
b)
"REAR LOT LINE" means in the case of a Lot having four (4) or more Lot Lines, the Lot
Line farthest from and opposite to the Front Lot Line. If a Lot has less than four (4) Lot
Lines, there shall be deemed to be no Rear Lot Line. On a Through Lot, all Lot Lines
abutting a Street Line other than a Front Lot Line shall be deemed a Rear Lot Line.
c)
"SIDE LOT LINE" means a Lot Line other than a Front or Rear Lot Line, and shall
include Interior Side Lot Line and Exterior Side Lot Line.
d)
"EXTERIOR SIDE LOT LINE" - on a Corner Lot, means any Lot Line abutting a Street
other than a Front Lot Line.
e)
"INTERIOR SIDE LOT LINE" - means a Side Lot Line other than an Exterior Side Lot
Line.
"LUMBER YARD" means the Use of land, Buildings or Structures for the purpose of the buying,
selling and Open Storage of wood and wood products and lumber but does not include any
manufacturing or processing Uses.
"MACHINE SHOP" means a Building, Structure or part thereof used for making or repairing
machines or machine parts by means of milling, grinding, welding or similar activities. A
Machine Shop does not include an Agricultural Service Establishment, any other defined Motor
Vehicle Use or any other Service Trade.
"MANURE STORAGES" as listed in Appendix "A", Table 5, means land, Buildings or
Structures designed, used or intended to be used as storages for manure or "digestate"
produced from an anaerobic digester. It does not include manure transfer facilities, anaerobic
digesters or temporary field storages.
"EARTHEN MANURE STORAGE AREA" means any excavated pit used as a Manure Storage
Area where manure is stored in contact with bare soil or is separated from bare soil by only a
liner.
"MARINA" shall mean a Commercial Use where boats are stored for rent or hire, and/or where
boats are stored for the convenience of the owner of said boat, and/or where boats, boat
motors, or boat accessories are sold, repaired or refueled and may include a Building or
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Structure for the sale of such accessories or refreshments, but shall not include a private dock
Accessory to a Dwelling, nor shall Commercial or manufacturing establishments not adjacent to
a navigable Watercourse be included.
"MARINE SALES AND SERVICE ESTABLISHMENT" means a Building and/or land used for
the Outdoor Display and sale of new and/or second-hand boats and watercraft, and may include
the servicing, repair, and cleaning, of such, and the sale of accessories and related products.
"MAXIMUM ENCROACHMENT" means the greatest distance a Structure may project from a
Main Wall if it encroaches upon a Required Front, Rear or Side Yard.
"METAL FABRICATING ESTABLISHMENT" means a Building, Structure or part thereof used
for the custom fabrication or repair of metal-framed structures, custom-made implements and
trailers and like products by means of milling, grinding, welding or similar activities. A Metal
Fabricating Establishment does not include an Agricultural Service Establishment, any other
defined Motor Vehicle Use or any other Service Trade.
"MINIMUM DISTANCE SEPARATION" or "MDS" shall mean the Setbacks that non-
Agricultural Uses must meet from Livestock Facilities (MDS I) and that Livestock Facilities must
meet from non-Agricultural Uses (MDS II) as required in Section 5.2 of this By-law and
calculated in Appendix "A" to this By-law. "MOBILE HOME PARK" means a parcel of land
containing two (2) or more Mobile Home Sites and which is under single management and
ownership.
"MOBILE HOME, DOUBLE WIDE" see "DWELLING".
"MOBILE HOME, SINGLE-WIDE" see "DWELLING".
"MOBILE HOME SALES ESTABLISHMENT" means land, Building or Structure used for the
sale and Outdoor Display of new Mobile Homes, Modular Homes, Park Model Homes, and
Travel Trailers and may include the servicing and repair of such Structures and vehicles, but
shall not include any other Uses defined in this By-law.
"MOBILE HOME SITE" means a parcel of land within a Mobile Home Park occupied by or
intended for Occupancy by one (1) Double-Wide Mobile Home, Single-Wide Mobile Home, or
Park Model Home together with all Yards and Open Space required by this By-law.
"MODULAR HOME" see "DWELLING".
"MOTEL" means a Building, part of a Building or group of Buildings wherein accommodation
without private cooking or housekeeping facilities is provided for the travelling public, but may
include dining rooms and other public rooms. Each Guest Room or sleeping room may be
entered from the exterior of the Building. Sanitary facilities shall be included for each Guest
Room or suite.
"MOTOR HOME" means a self-propelled recreational vehicle capable of being used for the
temporary sleeping or eating accommodation of Persons.
"MOTOR VEHICLE" means an automobile, motorcycle, all-terrain vehicle and any other vehicle
propelled or driven otherwise than by muscular power; but does not include other Motor
Vehicles running only upon rails, or a farm tractor, self-propelled implement of husbandry or
road-building machine.
"MOTOR VEHICLE, COMMERCIAL" means a Motor Vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire
apparatus, buses and tractor-trailers designed for hauling purposes on the highway.
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"MOTOR VEHICLE REPAIR ESTABLISHMENT" means a Building and/or land used for the
servicing, repair, cleaning, polishing, lubricating and greasing of Motor Vehicles and may
include vehicular body repair and re-painting, but shall not include any other Motor Vehicle Use
defined in this By-law.
"MOTOR VEHICLE SALES ESTABLISHMENT" means a Building and/or land used for the
Outdoor Display and sale of new and/or second-hand Motor Vehicles and may include the
servicing, repair, cleaning, polishing and greasing of Motor Vehicles, the sale of Motor Vehicle
accessories and related products and the leasing or renting of Motor Vehicles, but shall not
include any other Motor Vehicle Use defined in this By-law.
"MOTOR VEHICLE SERVICE ESTABLISHMENT" means a Building and/or land used for the
sale of fuels for Motor Vehicles and may include the servicing, repair, cleaning, polishing and
greasing of Motor Vehicles and the sale of Motor Vehicle accessories and related products, but
shall not include any other Motor Vehicle Use defined in this By-law.
"MOTOR VEHICLE WASHING ESTABLISHMENT" means a Building and/or land used for the
washing or cleaning of Motor Vehicles including a self-service or conveyor operation and may
include the sale of fuels to Motor Vehicles, but shall not include any other Motor Vehicle Use
defined in this By-law.
"MOTOR VEHICLE WRECKING ESTABLISHMENT" means a Building and/or land used for
the wrecking or dismantling of Motor Vehicles and for the Open Storage and sale of scrap
material, salvage and parts obtained therefrom, but shall not include any other Motor Vehicle
Use defined in this By-law.
"MULTIPLE DWELLING" see "DWELLING".
"MUNICIPAL DRAIN, CLOSED" means an "Open Municipal Drain", located entirely within the
ground and designed, used, or intended for Use for the conveyance of precipitation.
"MUNICIPAL DRAIN, OPEN" means any "drainage work" subject to the Drainage Act, R.S.O.
1990, Chap. D-17, as amended, which includes a drain constructed by any means including the
improving of a natural Watercourse, and includes the works necessary to regulate the water
table or water level within or on any lands or to regulate the level of the waters of a drain,
reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any
combination thereof.
"MUNICIPALITY" means the Corporation of the Township of Dawn-Euphemia.
"NON-COMPLYING" means a Permitted Use which does not comply with one or more
provisions of this By-law for the Zone in which such Building or Structure is located on the date
of passing of this By-law or amendments thereto.
"NON-CONFORMING" means a lawfully Existing Use, Building or Structure prohibited by this
By-law in the Zone in which it is situate.
"NON-FARM DWELLING" see "DWELLING".
"NON-RESIDENTIAL" means not Residential.
"NURSERY" means the Use of land, Buildings or Structures or part thereof where trees,
shrubs, sod or plants are grown or stored for the purpose of transplanting, for Use as stocks for
building or grafting or for the purpose of retail or wholesale, together with the sale of soil,
planting materials, fertilizers and similar materials (including Outdoor Display and Open
Storage) and may include the storage of necessary machinery and vehicles used in connection
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with such business. Landscaping and gardening supplies may also be kept or be offered for
sale or rent.
"NURSING HOME" as defined in The Nursing Homes Act, R.S.O. 1990, Chap. N.7, as
amended, means any premises maintained and operated for Persons requiring nursing care or
in which such care is provided to two (2) or more unrelated Persons, but does not include any
premises falling under the jurisdiction of The Homes for the Aged and Rest Homes Act, R.S.O.
1990, Chap. H.13, as amended, the Private Hospitals Act, R.S.O. 1990, Chap. P.24, as
amended and the Public Hospitals Act, R.S.O. 1990, Chap. P.40, as amended.
"NUTRIENT UNIT" means a measure based on nutrient quantities for comparing sizes of
Livestock Facilities of differing Livestock types as listed in Appendix "A", Table 1.
"OCCUPANCY" means to reside in as Owner or tenant on a permanent or temporary basis.
"OCCUPANT LOAD" as defined in the Ontario Building Code Act, R.S.O. 1990, Chap. B.13 as
amended, means the number of Persons for which a Building, or part thereof, is designed.
"OFFICE" means a Building or part thereof designed, intended or used for the practice of a
profession, the carrying on of a business, and/or the conduct of public administration, but shall
not include a Clinic.
"OPEN DRAINAGE DITCH" means a man-made depression dug into the earth, with well-
defined banks and a bed at least 0.6 metres below the surrounding land, serving to give
direction to a current of water.
"OPEN SPACE" means an unoccupied space open to the sky except such land as is used or
required for parking purposes by this By-law, and shall include recreation facilities, landscaped
areas, patios, and walkways.
"OPEN STORAGE" means the storage of goods, merchandise, or equipment outside of a
Building or Structure on a Lot or portion thereof.
"OUTDOOR DISPLAY" means an area set aside outside of a Building or Structure used in
conjunction with a business located within the Building on the same property, for the display,
rental and/or sale of goods, materials, vehicles or equipment.
"OWNER" means the person who holds legal title to a piece of property or has an equitable
interest in the same.
"PARK" means an area, consisting largely of Open Space, which may include a recreational
area, playground, play field or similar use, but shall not include a Mobile Home Park or
Campground.
a)
"PUBLIC PARK" means a Park owned or controlled by the Corporation or by any
Ministry, board, Commission or Authority established under any statute of Ontario or
Canada.
b)
"PRIVATE PARK" means a Park other than a Public Park.
"PARK MODEL HOME" see "DWELLING".
"PARKING AREA" means an area or Structure provided for the parking of Motor Vehicles and
includes any related Aisles, Parking Spaces or driveways, accessible to or from a Street or Lane
but shall not include any part of a Street. This definition may include a Private Garage.
"PARKING LOT" means any Parking Area that functions independently as a separate
operation such as a commercial or municipal lot and shall not include a Parking Area Accessory
to a Permitted Use on the same Lot.
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"PARKING SPACE" means a portion of a Parking Area, exclusive of any Aisles or driveways,
which may be used for the temporary parking or storage of a Motor Vehicle, accessible from an
Aisle, Street or Lane.
"PASTURE AREA" means a contiguous area of land not less than 0.4 hectare in area,
exclusive of Buildings, Structures, lawn, driveways and the like, which is available for the
grazing of Livestock.
"PERMITTED" means Permitted by this By-law.
"PERSON" means any human being, association, firm, partnership, corporation, agent or
trustee, and the heirs, executors or other legal representative or a Person to whom the context
can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a Building, or a part thereof, in which
Persons are employed in furnishing services and otherwise administering to the individual and
personal needs of Persons, and including premises such as, but not necessarily limited to, a
barber, hairdresser, beautician, tailor, dressmaker, Laundromat, Dry Cleaning and laundry
Depot, suntanning shop and a formal rentals shop but shall not include a body massage, body
piercing, Adult Live Entertainment Parlour, or tattooing parlour. The sale of merchandise shall
be permitted only as an Accessory Use to the personal service provided.
"PET CEMETERY" means a place for the burial of dead pets.
"PETROLEUM WELL" means a hole drilled into a geological formation of Cambrian or more
recent age for the purpose of oil or gas exploration or production, the storage of oil, gas or other
hydrocarbons in a geological formation, the disposal of oil field fluid in a geological formation,
solution mining or geological evaluation or testing, but does not include a hole where no oil or
gas is encountered that is drilled for the production of fresh water.
"PETROLEUM WORK" means a well or any pipeline or other Structure or equipment that is
used in association with a Petroleum Well.
"PLACE OF ENTERTAINMENT" means a motion picture or other Theatre, Auditorium, billiard
or pool room, bowling alley, ice or roller skating rink, or dance hall, but does not include any
other place of entertainment or recreation otherwise defined or classified in this By-law.
"PLANTING STRIP" means an area which shall be used and maintained for no purpose other
than planting a continuous unpierced hedgerow of evergreens or shrubs. The hedgerow may be
adjacent to the Lot Line or portion thereof for which such Planting Strip is required. The
remainder of the Planting Strip shall be used for no purpose other than planting shrubs, flowers,
grass or similar vegetation.
"PLANTING STRIP WIDTH" means the least horizontal dimension of a Planting Strip measured
perpendicularly to the Lot Line adjoining such Planting Strip.
"PORCH" means a covered entrance, either enclosed or unenclosed, to a Building.
"PORTABLE ASHPALT BATCHING PLANT" see "ASHPALT BATCHING PLANT"
"POULTRY PROCESSING PLANT" means the Use of a Building or Structure for the
slaughtering, processing, manufacturing, or packaging of poultry or poultry products and may
include as an Accessory Use the wholesale or retail sale of poultry or poultry products.
"PRINTING ESTABLISHMENT" means an establishment used for the blueprinting, engraving,
stereotyping, electro-typing, printing or typesetting, and shall include a Duplicating Shop and a
letter-shop.
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"PRIVATE CLUB" means a Building or part of a Building used as a meeting place for members
of a chartered organization and shall include a lodge, a fraternity or sorority house, and a labour
union hall.
"PRIVATE GARAGE" means an Accessory Building or Structure, Attached to or Detached from
a Dwelling, which is fully enclosed and used for the sheltering of Permitted Motor Vehicles and
storage of household equipment incidental to the residential Occupancy and in which there are
no facilities for the repairing or servicing of vehicles for gain or profit. This definition may include
a Carport or other open shelter.
"PROCESSED GOODS INDUSTRY" means a Building or part thereof used by textiles, leather
and rubber industries; plastics and synthetic resins industries; paper and wood products
industries; metal products industries; oil and coal by-products industries; chemical products
industries; and non-metallic products industries. Processed Goods Industries exclude pulp and
paper industries and primary metal industries.
"PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than
one (1) storage container and such container shall not have an aggregate propane storage
capacity in excess of 50,000 litres.
"PUBLIC RECREATIONAL USE" means the Use of land, water and/or Buildings for the
purpose of Passive and Active Recreation, as defined in this By-law, owned or controlled by the
Corporation or by any Ministry, board, Commission or Authority established under any Statute of
Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" means a Building, Structure or Lot used for public
services by the Corporation or the County, any local board of either the Corporation or the
County, a Conservation Authority established by the Government of Ontario, or any Ministry or
Commission of the Government of Ontario or Canada.
"PUBLIC GARAGE" means a Non-Recreational Public Use where publicly owned Motor
Vehicles such as road maintenance equipment are stored, repaired and/or maintained.
"PUBLIC UTILITY" means any water works, gas works, electric heat, light or power works,
telegraph or telephone lines and works for the transmission of gas, oil, water or electrical power
or energy or any similar works supplying the general public with necessaries or conveniences.
This definition excludes any processing, manufacturing, generation or like facility or process as
well as any site where on-site personnel are employed on a regular basis.
"QUARRY" means the Licensed Use of land or land under water from which unconsolidated
aggregate is being or has been excavated by means of an open excavation to supply material
for construction, industrial or manufacturing purposes, and that has not been rehabilitated and
may include an Aggregate Storage Area, but does not mean land or land under water excavated
for a Building or Structure on the excavation site, and does not include a Wayside Quarry.
"RECREATION, ACTIVE" means the Use of land, water and/or Building for the purpose of
organized active leisure activities requiring the erection of Buildings or the alteration of
topography and shall include an arena, a sports field, and a Golf Course.
"RECREATION, COMMERCIAL" means the commercial Use of land and/or Buildings for the
purpose of recreation but shall not include a Place of Entertainment.
"RECREATION, PASSIVE" means the Use of land and/or water for the purpose of passive
leisure activity and shall include a Park, a garden, a picnic area and the like, as well as a play lot
with activity equipment for children.
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"RENOVATION" means the replacement, repair and restoration of land, Building or Structure to
good condition but shall not include its Replacement.
"REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in maintaining,
repairing, installing and renting articles and equipment for household, personal, construction
and Industrial Use such as: radios and television; refrigerators and air conditioners; appliances;
watches, clocks and jewellery; upholstery and furniture repair; and power tools, mobile
construction equipment and moving equipment, for which Open Storage is Permitted. This does
not include any other Use specifically referred to or defined in this By-law.
"REPLACEMENT" when used in reference to a Building or Structure or part thereof, means the
removal and rebuilding, repairing or restoring of more than 25% of the total Building or Structure
as it Existed on the date of passing of this By-law and shall include any Structural Alteration
except that which is necessary to integrate the supporting elements of an Existing Building or
Structure with those of an addition.
"RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a Building or part thereof
used by raw material development and testing firms; processed products development and
testing firms; and chemical and biological products development and testing firms.
"RESIDENTIAL" means any Lot designated in a Residential Zone category or any Lot on which
the primary use is or is intended to be a Dwelling or any Lot having located thereon a Dwelling
other than a Dwelling Accessory to a Non-Residential Use.
"RESOURCE EXTRACTION" means the Use of land for the drilling, production from the
ground, and storage of natural gas, brine or salt but excluding the refining of said products. This
is separate from Petroleum Well as defined herein.
"RESTAURANT" means a Building or part of a Building where food is prepared and offered or
kept for retail sale to the public for consumption either on or off the premises and includes such
Uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, donut shop, coffee
shop, snack bar or refreshment room or stand. This definition shall not include a Drive-In
Restaurant.
"RESTAURANT, DRIVE-IN" means an establishment where food is offered for sale or sold to
the public for consumption, such establishment being designed for consumption of the food
within a Motor Vehicle parked in a Permitted Parking Space on the premises of the
establishment.
"RESTAURANT, DRIVE THROUGH SERVICE FACILITY" means an element of a Restaurant
Use associated with ordering and serving food and beverages to patrons where they remain
within a Motor Vehicle, and includes any associated speaker system and order board.
"REST HOME" means a Home for the Aged, which is also administered by a committee of
management.
"RETAIL STORE" means a Building or part of a Building in which goods, wares, merchandise,
substances, articles or things are offered or kept for retail sale to the public.
"RETAIL WAREHOUSE" means a Building or part of a Building used for the storage and
display of goods, merchandise, or materials and may include the carrying out of commercial
transactions involving the sale of such goods, merchandise or materials by retail sale to the
general public.
"RIDING SCHOOL" means the Commercial Use of land and Buildings for the instruction of
Persons in the manner of riding horses and may include the boarding or stabling of horses. A
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Riding School is a type of Livestock Facility. The riding arena portion of a Riding School is not
subject to Minimum Distance Separation Setbacks.
"RIGHT-OF-WAY" means:
a)
a right enjoyed by a Person of passing over another Person's land subject to such
conditions and restrictions as are specified by grant, sanctioned by custom or by
whatever other means, by virtue of which the right exists, and/or;
b)
a term commonly applied to a more or less uniform strip of land used for the purposes of
constructing a highway, railway, pipe line, telephone or power transmission line, etc.
"ROAD" means a Street as defined in this By-law.
"SALVAGE YARD" means a Lot, Building or Structure used for the wrecking, dismantling,
storing, Open Storage or selling of second hand goods, wares or materials including, but not so
as to limit the generality of the foregoing, rags, bottles, metals, clothing, furniture, paper,
machinery, building materials and vehicles and parts thereof.
"SANITARY SEWER" shall mean a system of underground conduits operated by the
Corporation, another municipality or by the Ministry of the Environment, which carries sewage to
a sewage treatment facility.
"SAWMILL" means the Use of land, Buildings or Structures for the purpose of processing logs
or other unfinished wood into lumber, shingles, pallets, sawdust, firewood or related products,
and may include Open Storage of such products.
"SCHOOL" means an elementary or secondary School under the jurisdiction of a public or
separate, English-language or French-language board, a School operated on a non-profit basis
and under charter granted by the Province of Ontario, or a private School.
"SEASONAL HOUSING" see DWELLING".
"SEMI-DETACHED DWELLING" see "DWELLING".
"SERVICE AND REPAIR SHOP" means an establishment wherein articles of goods such as
appliances, furniture or similar items may be repaired or serviced. This definition shall not
include any manufacturing operation or establishment used for the service or repair of Motor
Vehicles.
"SERVICE TRADE" means an establishment, other than an Motor Vehicle Use, that provides a
non-personal service or craft to the public, including, but not necessarily restricted to, a printer's
shop, a tinsmith's shop, a plumber's shop, a painter's shop, a merchandise service shop, a
furrier's shop, an upholsterer's shop, a Bakery, a catering establishment, a Machine Shop, or a
monument engraving shop.
"SETBACK" means the minimum horizontal distance between a Lot Line and the nearest part
of the foundation of any Building or Structure on the Lot or the nearest Open Storage or Outdoor
Display Use on the Lot.
"SHOPPING CENTRE" means a group of commercial establishments related in locations, size,
and type to the trade or residential area it serves and conceived, designed, developed and
managed as an interdependent and interrelated unit whether by a single Owner or tenant or by
a group of Owners or tenants, acting in collaboration.
"SIGHT TRIANGLE" means the triangular space formed by the Street Lines of a Corner Lot
and a line drawn from a point in one Street Line to a point in the other Street Line, each such
point being a minimum distance specified in Section 3.18.2 of this By-law from the point of
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intersection of the Street Lines (measured along the Street Lines). Where the two Street Lines
do not intersect at a point, the point of intersection of the Street Lines shall be deemed to be the
intersection of the projection of the Street Lines or the intersection of the tangents to the Street
Lines.
"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.
"SINGLE DETACHED DWELLING" see "DWELLING".
"STOCK YARD" means the Use of land, a Building or a Structure for the temporary
containment of Livestock, for a maximum of seven (7) days.
"STORAGE DEPOT" means an area including reservoir, silo and tank storage; hangers; open
air parking; and Open Storage. Storage Depots exclude Salvage Yards, Resource Extraction
operations, and Wayside Pits.
"STOREY" shall mean the portion of a Building, other than an Attic, Cellar or Basement,
included between any floor level and the floor, ceiling or Attic above it. Any loft or mezzanine
greater than 50% of the Ground Floor Area of the floor below shall be considered a separate
Storey.
"ONE STOREY" means a Building having one Storey and no loft, mezzanine or partial floor
whatsoever.
"ONE AND ONE HALF STOREY" means a Building having a loft or mezzanine not exceeding
50% of the Ground Floor Area of the floor below.
"TWO STOREY" means a Building with two Storeys.
"STORM SEWER" means a pipe located entirely within the ground and designed, used, or
intended for Use for the conveyance of precipitation.
"STREET" means a public thoroughfare intended for vehicular traffic and which is under the
jurisdiction of either the Corporation, the County or the Province of Ontario. This definition shall
not include any Lane, Easement, or private Right-of-Way. "STREET ALLOWANCE" shall have
a corresponding meaning.
"STREET ACCESS" means, when referring to a Lot, that such Lot has a Lot Line or portion
thereof which is also a Street Line of a Street that is open and maintained on a year-round
basis.
"STREET LINE" means the limit of the Street Allowance and is the dividing line between a Lot
and a Street.
"STREET TOWNHOUSE" see "DWELLING".
"STRUCTURAL ALTERATION" means the construction or reconstruction of supporting
elements of a Building or other Structure. Repairs, maintenance or installations that Alter the
size of the Building or involve the rearrangement or replacement of structural supporting
elements are considered Structural Alterations. Structural elements include the foundation, floor
joists, exterior walls, weight bearing walls and trusses.
"STRUCTURE" means anything that is Erected, built or constructed of parts joined together or
requiring a foundation to hold it erect, but shall not include free standing walls and fences.
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"SWIMMING POOL, PRIVATE" means a Structure located on privately owned property, used
and maintained for the purpose of swimming or wading. Private Swimming Pools shall be
subject to the provisions of Section 3.14 of this By-law.
"TAVERN" means a Licensed establishment where alcoholic beverages are sold to be
consumed on the premises and may or may not include the preparation and sale of food to the
public for consumption on the premises.
"TERMINAL GRAIN ELEVATOR" means an establishment for the storing, receiving, and
shipping of grain and similar Agricultural products, and includes associated Offices, weigh
scales, and Accessory Uses.
"THEATRE" means a Building, or part thereof, used for the presentation of the performing arts.
"TILLABLE HECTARES" means the total area of land on an Agricultural Lot including pasture
that can be worked or cultivated.
"TOP-OF-BANK" means a line delineated at a point where the oblique plane of the slope
associated with a water course, meets the horizontal plane.
"TOURIST CENTRE" means any land, Buildings or Structures used for the purpose of
providing tourist information and activities to the travelling public.
"TOWNHOUSE" see "DWELLING".
"TRANSMISSION TOWER" means a Structure situated in a Non-Residential Zone that is
intended for transmitting or receiving television, radio, telephone or other communications
signals, but shall not include an Antenna.
"TRAVEL TRAILER" means a vehicle designed, intended and used exclusively for travel,
recreation and vacation and which is either capable of being drawn by a passenger Motor
Vehicle or is self-propelled, and shall include tent trailers, vans, Motor Homes and similar
transportable accommodation excepting a Park Model Home and a Single or Double Wide
Mobile Home.
"TRAVEL TRAILER SALES ESTABLISHMENT" means land and/or Buildings used for the
Outdoor Display for sale of Travel Trailers and includes the servicing, repair, cleaning, polishing
and greasing of such vehicles and the sale of accessories and related products and the leasing
or renting of such vehicles, but does not include a Motor Vehicle Sales Establishment as
defined in this By-law.
"TRIPLEX DWELLING" see "DWELLING".
"TRUCK STOP" means the Use of any land, Buildings or Structures upon which a business,
service or industry involving the maintenance, servicing, storage or repair of Commercial Motor
Vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products
directly into Motor Vehicles, the sale of accessories or equipment for trucks and similar
Commercial Motor Vehicles. A Truck Stop may also include overnight accommodation, laundry
and shower facilities for the Use of truck crews, and Restaurant facilities.
"TRUCK TRANSPORT TERMINAL" means a Building, Structure, or Lot used for the Open
Storage, repairing, or dispatching of Commercial Motor Vehicles or trailers.
"TYPE A LAND USES" include Industrial (excluding M3 & M4) Zones, Rural Commercial (C3)
Zones and Passive Recreation Uses and/or Zones Permitting such Uses and shall also include
retail and office areas associated with a Nursery or Commercial Greenhouse. For the purposes
of MDS I a dwelling or up to three new non-Agricultural Lots are also Type A Land Uses. For
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the purposes of MDS II, Dwellings and Residential Uses not recognized as Residential areas in
the Township Official Plan, or Cemeteries located in an Agricultural Zone are also Type A Land
Uses.
"TYPE B LAND USES" include Institutional, Active Recreation and Commercial (excluding C3
Zones) Uses and/or Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a
Building with three or more Dwelling Units, expansion of a settlement area, more than three new
non-Agricultural Lots, Zones for Residential Use, or a consent that would result in four
contiguous Residential Lots are also Type B Land Uses. For the purposes of MDS II,
Cemeteries not in an Agricultural Zone and areas specifically designated in the Township
Official Plan as Residential or settlement areas are also Type B Land Uses.
"USE" where it appears as a noun, means the purpose for which a Lot, Building or Structure, or
any combination thereof is designed, arranged, occupied or maintained. "USES" shall have a
corresponding meaning.
"UTILITY SERVICE BUILDING" means a Building used in connection with the supplying of
Public Utilities including a water and sewage pumping station, a water storage reservoir, a gas
regulator Building, a hydro sub-station, a telephone exchange Building or similar Buildings.
"VALUE ADDED INDUSTRY" means a business or activity carried out on an Agricultural Lot by
Persons residing on the Lot. Such business or activity adds value or further processes a
commodity or by-product produced by the main farm operation or uses such as the primary
ingredient or material in a product produced on the site. It shall not include any processes or
materials with significantly greater potential to cause site contamination than normal Agricultural
activities.
"WALL, MAIN" means an outside wall of a Building which supports a roof and shall include a
wall under a gable end.
"WAREHOUSE" means a Building or Structure or part thereof used or intended to be used for
the storage of goods, merchandise or materials, and may include the carrying out of commercial
transactions involving the sale of such goods, merchandise and materials solely by wholesale.
"WAREHOUSE, BONDED" means a Warehouse, certified by the Federal government and
guaranteed by a bonding agency, where goods may be stored until duties or taxes are paid.
"WASTE DISPOSAL SITE" means any land upon, into, in or through which, or Building or
Structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or
processed, and any operation carried out or machinery or equipment used in connection with
such depositing, disposal, handling, storage, transfer, treatment or processing. Waste includes
ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse.
"WATERCOURSE" means any natural or artificial stream, river, creek, ditch, including an Open
Drainage Ditch, channel, canal, culvert, drain, gully or ravine in which water flows in a definite
direction or course, either continuously or intermittently, and has a definite channel, bed and
banks and includes any area adjacent thereto subject to inundation by reason of flood water.
"WAYSIDE PIT" OR "WAYSIDE QUARRY" means a temporary pit or Quarry opened and used
by a public Road authority solely for the purpose of a particular project or contract of Road
construction and not located on the Road Right-of-Way.
"WHOLESALE ESTABLISHMENT" means any establishment that sells merchandise to others
for resale and/or to industrial or commercial users.
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"YARD" means a space, appurtenant to a Building or Structure, located on the same Lot as the
Building or Structure, and which space is open, uncovered and unoccupied from the ground to
the sky except for such Accessory Buildings, Structures or Uses as are specifically Permitted to
encroach upon a Required Yard in Sections 3.3.2 and 3.13.1.
a)
"FRONT YARD" means a Yard extending across the full width of the Lot between the
Front Lot Line of the Lot and the foundation of any Main Building on the Lot.
b)
"FRONT YARD DEPTH" means the least horizontal dimension between the Front Lot
Line of the Lot and the foundation of any Building or Structure on the Lot, or the nearest
Open Storage or Outdoor Display Use on the Lot.
c)
"REAR YARD" means a Yard extending across the full width of the Lot between the
Rear Lot Line of the Lot and the foundation of any Main Building on the Lot. If there is no
Rear Lot Line, there shall be deemed to be no Rear Yard.
d)
"REAR YARD DEPTH" means the least horizontal dimension between the Rear Lot
Line of the Lot and the foundation of any Building or Structure on the Lot, or the nearest
Open Storage or Outdoor Display Use on the Lot.
e)
"SIDE YARD" means a Yard extending from the Front Yard to the Rear Yard and from
the Side Lot Line of the Lot to the foundation of any Main Building on the Lot. In the case
of a Lot that has no Rear Lot Line, the Side Yard shall extend from the Front Yard to the
opposite Side Yard.
f)
"SIDE YARD WIDTH" means the least horizontal dimension between the Side Lot Line
of the Lot and the foundation of any Building or Structure on the Lot, or the nearest Open
Storage or Outdoor Display Use on the Lot.
g)
"EXTERIOR SIDE YARD" means a Side Yard immediately adjoining a Street, extending
from the Front Yard to the Rear Lot Line.
h)
"INTERIOR SIDE YARD" means a Side Yard other than an Exterior Side Yard.
i)
"REQUIRED YARD" means the minimum Yard Permitted by the provisions of this By-
law with respect to any particular Lot Line. A Required Side Yard shall extend from the
Required Front Yard to the Required Rear Yard, or in the case of a Lot which has no
Rear Lot Line, the Required Side Yard shall extend from the Required Front Yard to the
opposite Required Side Yard.
"ZONE" means a designated area of land use shown on Schedule 'A' of this By-law, or on
Schedule 'A's' part maps.
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SECTION 3 - GENERAL PROVISIONS
3.1
USES PERMITTED IN ALL ZONES
The following Uses are permitted in all Zones within the Corporation:
3.1.1 Services and Utilities
Despite any other provisions of this By-law (excluding Section 3.21) to the contrary, the
Corporation of the Township of Dawn-Euphemia, the County of Lambton and any Ministry of the
Government of Canada or Province of Ontario or their agents may for the purpose of the public
service, use any land or any Building or Structure in any Zone in spite of the fact that such Use
of any Building or Structure does not conform with the provisions of this By-law for such Zone.
Any Public Utility company shall comply with the provisions of this By-law only insofar as such
uses are for administrative or Office purposes.
3.1.2 Utility Service Buildings and Non-Recreational Public Uses
Utility Service Buildings and Non-Recreational Public Uses exclusive of Waste Disposal Sites
and incinerators are Permitted in all Zones. Where such Use is located in any Residential Zone:
a)
it shall comply with the provisions for such Zone;
b)
there shall be no Open Storage; and
c)
any Buildings or Structures Erected or used shall be designed, maintained and used in a
manner compatible with Residential Buildings of the type Permitted in said Zone.
3.1.3 Public Recreational Uses
Parks and Community Centres operated by or for the Township of Dawn-Euphemia including
Uses Accessory thereto.
3.1.4 Construction Uses
Any sheds, scaffolds or other Structures incidental to Building construction on the premises for
so long as the same is necessary for work in progress. Such Buildings, Uses and Structures
shall be removed within six (6) months following the termination and or abandonment of the
construction project.
3.1.5 Transmission and Distribution Lines
Nothing in this By-law shall prevent the Use of any land for any gas, oil, brine or other liquid or
gaseous product transmission or distribution pipe line which has been approved by the National
Energy Board or by the Ontario Energy Board.
3.1.6 Petroleum Well and Petroleum Work
Nothing in this By-law shall prevent the Use of any land for any Petroleum Well or Petroleum
Work subject to the regulations of the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap.
P.12, as amended.
3.1.7 Wayside Pits and Portable Asphalt Plants
Wayside Pits, Wayside Quarries and Portable Asphalt Plants, used on public authority contracts
shall be permitted in all Zones other than Environmental Protection Zones and except on or
adjacent to an existing built-up area.
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3.2
USES PROHIBITED IN ALL ZONES
Unless specifically permitted in this By-law, all Uses, including the following Uses, are
specifically prohibited and shall only be Permitted by amendment to this By-law under Section
34(10), or application under Section 45, of the Planning Act, R.S.O. 1990, Chap. P.13, as
amended.
a)
Offensive Industrial Uses including the boiling of blood, tripe or soap, tanning of hides
and skins and other similar Uses which may be declared by the local Board of Health or
Council to be a noxious or offensive trade, business or manufacture.
b)
The operation of year-round, privately-owned Travel Trailer camps or privately-owned
Campgrounds, but not including the operation of Mobile Home Parks as defined in this
By-law.
c)
Motor Vehicle Wrecking Establishment as defined in this By-law.
d)
The outdoor keeping or storage of any Derelict Motor Vehicle.
e)
A track for the Use, racing or testing of automobiles, snowmobiles, motorcycles, or any
motorized vehicle.
f)
Adult Live Entertainment Parlour as defined in this By-law.
g)
Any manufacturing or processing Use involving Dangerous Goods which poses a hazard
to the public.
h)
A Waste Disposal Site
i)
A Quarry
3.3
ACCESSORY BUILDINGS, STRUCTURES OR USES
3.3.1 Accessory Buildings, Structures or Uses Permitted
a)
Where this By-law provides that land may be used for a Building or Structure or may be
Erected or used for a purpose, that purpose shall include any Accessory Building,
Structure or Use, but shall not include any of the following Uses, except as specifically
Permitted in this By-law;
i)
Any occupation for gain or profit conducted within or Accessory to a Dwelling
Unit; nor
ii)
Any Building used for human habitation or portion of a Building used as an
Accessory Dwelling.
b)
Where this By-law provides that land may be used for a Dwelling, the Permitted
Accessory Uses shall include a Garage Sale provided that:
i)
No Person shall conduct more than two (2) Garage Sales per calendar year at
one (1) location;
ii)
No Garage Sale shall exceed two (2) days' duration.
3.3.2 Structures Permitted in all Yards
Despite any other Yard provisions of this By-law, drop awnings, flag poles, garden trellises,
fences, retaining walls, Permitted Signs, or similar Accessory Uses and Structures shall be
permitted in any Yard provided they are placed outside of any Sight Triangle as defined in
Section 3.18.2.
3.3.3 Accessory Buildings and Structures in Residential Zones
All Accessory Buildings and Structures shall comply with the Yard provisions of the Zone in
which such Accessory Building or Structure is located, except that in any Residential Zone, an
Accessory Building or Structure shall comply with the following provisions:
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a)
Except as otherwise provided for in any Residential Zone, a Detached Accessory
Building or Structure shall not be Erected in any Yard other than the Interior Side Yard or
Rear Yard.
b)
An area of 1.2 metres which is open and unobstructed from the ground to the sky shall
be maintained between a Detached Accessory Building or Structure and the Main
Building on the same Lot.
c)
An Attached Accessory Building or Structure may be erected in a Front Yard or Exterior
Side Yard provided it is not located in a Required Yard.
d)
When a Detached Accessory Building or Structure is located in an Interior Side Yard, it
shall be no closer than 1 metre to the Interior Side Lot Line.
e)
When a Detached Accessory Building or Structure is located in the Rear Yard, it shall be
located no closer than 1 metre to either the Rear Lot Line or the Interior Side Lot Line.
f)
No Accessory Building or Structure shall be located closer to the Exterior Side Lot Line
than the Required Exterior Side Yard for the Zone in which the Lot is located.
g)
No Accessory Building or Structure shall be located closer to the Rear Lot Line of a
Through Lot than the Front Yard Setback requirement for the Zone in which each Lot is
located.
h)
Where a mutual Private Garage is erected on the common Lot Line between two (2)
Lots, no Setback is required from the common Lot Line.
3.3.4 Lot Coverage and Height of Accessory Buildings and Structures in Residential
Zones
a)
The total combined Lot Coverage of all Attached Private Garages and Detached
Accessory Buildings and Structures on a Lot in any Residential Zone shall not exceed
10% of the Lot Area. This percentage shall be included as part of the Maximum Lot
Coverage calculation Permitted in the Residential Zone requirements. The Height of any
Detached Accessory Building or Structure shall not exceed 4.5 metres. The Height of the
Building or Structure shall be measured from the finished floor to the highest point of the
Building or Structure.
Fences and Walls
b)
The maximum Permitted Height of a fence, privacy wall or like feature in a Residential
Zone shall be 2.5 metres provided that the fence is not located in a Sight Triangle (see
Section 3.18.2) and that the maximum Permitted Height within 4 metres of the Front Lot
Line shall be 1.1m.
3.3.5 Accessory Buildings and Structures on Rural Residential Lots
On any Lot less than 2 Ha in Lot Area, located in the A1 or A2 Zones and containing a Dwelling,
the provisions of Sections 3.3.3 and 3.3.4 a) shall apply to any Detached Accessory Building or
Structure with the following modifications:
a)
Minimum Interior Side and Rear Yard
2 metres
b)
Maximum Permitted Height
6 metres
3.4
NON-CONFORMING USES
a)
This By-law acknowledges that Section 34(9)(a) and (b) of The Planning Act, R.S.O.
1990, Chap. P.13, as amended, provides that "no By-law passed under this section
applies:
i)
To prevent the Use of any land, Building or Structure for any purpose prohibited
by the By-law if such land, Building or Structure was lawfully used for such
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purpose on the day of the passing of the By-law, so long as it continues to be
used for that purpose; or
ii)
To prevent the erection or Use for a purpose prohibited by the By-law of any
Building or Structure for which a permit has been issued under Section 5 of the
Building Code Act, R.S.O. 1990, Chap. B.13, as amended, prior to the day of the
passing of the By-law, so long as the Building or Structure when Erected is used
and continues to be used for the purpose for which it was erected and provided
the permit has not been revoked under Section 8 of the Building Code Act,
R.S.O. 1990, Chap. B.13, as amended."
b)
Furthermore, Sections 34(10) and 45(2) of the Planning Act, R.S.O. 1990, Chap. P.13,
as amended, contain provisions:
c)
To permit the extension or enlargement of any land, Building or Structure used for any
purpose prohibited by the By-law if such land, Building or Structure continues to be used
in the same manner and for the same purpose as it was used on the day such By-law
was passed.
3.5
NON-CONFORMING USES - RESTORATION
a)
Where in any Zone, any Building or Structure exists as a legal Non-Conforming land Use
and the said Dwelling is destroyed by fire or natural disaster, this By-law does not
prevent the reconstruction of the said Building or Structure to its prior dimensions at its
exact prior location. Should the exact prior location be impossible to build upon for legal,
technical or insurance reasons, then the location may be adjusted only to the extent
necessary to overcome such reasons.
b)
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of
any Non-Conforming Use, Building or Structure provided that such repair or restoration
will not increase the Height, size or volume or change the Use of such Building or
Structure or constitute a Replacement.
3.6
NON-COMPLYING USES
Re-Building or Repair Permitted
a)
Where in any Zone a Non-Complying Use, Building or Structure is destroyed by fire or
natural disaster, such Non-Complying Use, Building or Structure shall, if rebuilt, be
reconstructed in compliance with this By-law. When it is not possible for legal, technical
or insurance reasons to build in compliance with this By-law, such reconstruction shall
comply as close as possible with the By-law unless this is also not possible for legal,
technical or insurance reasons; in which case, such Non-Complying Use, Building or
Structure may be reconstructed to its prior dimensions at its exact prior location.
Strengthening to a Safe Condition
b)
Nothing in this By-law shall prevent the repair or restoration to a safe condition of any
Non-Complying Use, Building or Structure provided that such repair or restoration does
not Further Contravene any of the provisions of this By-law or constitute a Replacement.
Additions and Accessory Uses Permitted
c)
Nothing in this By-law shall prevent an addition to a Non-Complying Use, Building or
Structure, provided that such addition does not Further Contravene any of the provisions
of this By-law.
c)
Nothing in this By-law shall prevent the erection or enlargement of Buildings, Structures
and Uses Accessory to a Non-Complying Use, Building or Structure, provided that such
Corporation of the Township of Dawn-Euphemia
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erection or enlargement does not Further Contravene any of the provisions of this By-
law.
3.7
DWELLING UNITS
3.7.1 Yard Provisions for Non-Residential Buildings
Where a Dwelling Unit is located in a Non-Residential Building, such Dwelling Unit shall comply
with the Yard provisions of this By-law which apply to the said non-residential Building.
3.7.2 Cellar Location
No Dwelling Unit shall be located in a Cellar.
3.7.3 Basement Location
A Dwelling Unit, in its entirety, may be located in a Basement, provided that:
a)
The finished floor level of such Basement is not below the level of any Sanitary Sewer or
Storm Sewer serving the Building in which such Basement is located, and;
b)
There is at least one (1) Storey containing habitable space located above such
Basement.
3.8
ACCESSORY SECOND DWELLING
Within any Residential (R) or Agricultural (A) Zone, one Accessory Second Dwelling shall be
permitted subject to the following provisions. An Accessory Second Dwelling shall:
a)
not be established or occupied without first obtaining all required permits and inspections
under the Ontario Building Code.
b)
Have two means of egress located in separate areas of the Accessory Dwelling Unit,
one of which may be an exterior window at least 0.35 square metres in area with no
dimension less than 38 cm.
where not permitted
c)
be prohibited on any Lot with more than one Dwelling Unit.
d)
be prohibited in any Mobile Home Park or plan of condominium.
e)
be prohibited within a Detached Accessory Building within any R5 Zone.
g)
not be located on a Lot that is less than the minimum required Lot Area for the Zone in
which it is located. Notwithstanding, in an A1 or A2 Zone or on any Lot serviced by a
private septic system, the minimum Lot Area required to establish an Accessory Second
Dwelling shall be 0.8 Ha.
h)
comply with the MDS I requirements of Section 5.2, if located within an A1 or A2 Zone.
size
i)
not be Permitted unless the main Dwelling on the Lot (exclusive of the Floor Area
occupied by the Accessory Second Dwelling) meets the minimum Gross Floor Area
requirements in Table A, after the Accessory Second Dwelling is established.
j)
have a minimum floor area based on the following:
i)
30 square metres where the only bedroom space is combined with a living space.
ii)
35 square metres for a one-bedroom Accessory Second Dwelling.
iii)
49 square metres for a two-bedroom Accessory Second Dwelling.
iv)
62 square metres for a three-bedroom Accessory Second Dwelling.
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v)
62 square metres plus 9 square metres for each bedroom in excess of three for
an Accessory Second Dwelling with more than three bedrooms.
k)
not exceed a Gross Floor Area equal to 30% of the Gross Floor Area of the main
Dwelling.
l)
not exceed a Gross Floor Area of 46 square metres if located within a Detached
Accessory Building.
character and amenity
m)
share a single driveway with the main Dwelling.
n)
have access to and use of the same Landscaped Open Space as the main Dwelling.
o)
not have an entrance or Deck on a side of the Dwelling facing a Street.
p)
not be constructed as an addition to a wall of the main Dwelling nearest a street.
when in detached building
q)
when located within a Detached Accessory Building, have its entrance and any Deck or
unenclosed Porch face the Interior Side Lot Line furthest from the Building.
r)
not be Permitted in a Detached Accessory Building that is located closer than 2.4 metres
to an Interior Side Lot Line or within a distance of the Rear Lot Line less than the
Minimum Rear Yard Setback requirement applying to the main Dwelling.
Notwithstanding, the Minimum Required Interior Side Yard shall be the same as applies
to the main Dwelling where an established evergreen hedge or solid board fence, either
being at least 1.8 metres in height, is located and maintained along the respective
Interior Side Lot Line.
s)
not be Permitted in a Detached Accessory Building further than 20 metres from the main
Dwelling.
t)
not be permitted in a Basement of a Detached Accessory Building.
u)
not be permitted in a second floor of a Detached Accessory Building, except where
located within an A1 or A2 Zone.
3.9
LOT DEVELOPMENT REQUIREMENTS
3.9.1 Frontage on a Street
No Lot shall be used and no Building Erected or used on a Lot unless the Lot has Street
Access. Despite the foregoing, a Building or Structure may be erected upon a Lot within a
registered plan of subdivision in accordance with the provisions of a Subdivision Agreement in
respect of such plan of subdivision even though the Streets within such plan of subdivision have
not been assumed and are not being maintained by the Corporation. Further, a Building or
Structure may be Erected on a Lot without Street Access if it is a Replacement of, an addition
to, or Accessory to an Existing Main Building.
3.9.2 More Than One Use on a Lot
When a Lot contains more than one (1) Use, each such Use shall conform to the provisions of
this By-law for such Use in the Zone where it is located.
3.9.3 More Than One Zone on a Lot
When a Lot is divided into more than one (1) Zone, each such portion of the Lot shall be used in
accordance with the provisions of this By-law for the applicable Zones. Where a portion of a Lot
is Zoned Environmental Protection, such portion may be included in determining the minimum
Lot Area requirements and the Environmental Protection Zone line shall not be considered a Lot
Line for Setback purposes on the adjoining Zoned area provided that no Building or Structure is
located on that part of the Lot Zoned Environmental Protection.
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3.9.4 Number of Dwellings
On any Lot containing a Single Detached Dwelling or Farm Dwelling, not more than one
Dwelling shall be Permitted except for an Accessory Second Dwelling established in compliance
with Section 3.8.
3.9.5 Existing Lots
In any Zone, where one or more Existing Lots are held in separate ownership and have
insufficient Lot Area and/or Frontage, this By-law shall not prevent the Use of such Lot and the
construction of any Building or Structure Permitted by this By-law, provided that all other
provisions of this By-law are complied with and provided that the Lot can be serviced with a
potable water supply and sanitary sewerage facilities or septic system.
Notwithstanding the above clause, the erection of new Dwellings that are not Single Detached
Dwellings and contain more than one (1) Dwelling Unit shall comply with the Lot Area and/or
Frontage provisions per Dwelling Unit.
3.10
HOME OCCUPATIONS
3.10.1 All Home Occupations
Unless specified otherwise in this By-law, a Home Occupation shall be Permitted as an
Accessory Use to any Dwelling, subject to the following provisions:
a)
"Employed", for the purposes of this section, means contracted, engaged or otherwise
employed to perform or carry out work. Employed includes employed as a volunteer or
as an employer.
neigbourhood character & amenity
b)
The Home Occupation shall not cause any individual or cumulative effects that change
the Residential character of the Dwelling or Lot. The Use shall not:
i)
be visible or apparent from adjacent Lots, other than due to Permitted Signs,
ii)
cause a nuisance or annoyance or loss of enjoyment of property to neighbours,
or
iii)
cause a significant increase in traffic on Streets serving the Dwelling.
c)
The Home Occupation shall not generate noise, vibration, fumes, dust, smoke, heat,
odour, odorous material, humidity, effluent, glare, magnetic fields, radiation, refuse or
any other objectionable emission which is evident outside of the Dwelling Unit or which
exceeds any legal limits.
d)
The Home Occupation shall not interfere with any communication signals.
e)
The Home Occupation shall not present a health, life or fire safety hazard under the
Building Code, National Fire Code, or any local, provincial or federal legislation and shall
not present any serious threat of site contamination.
scale of activity
f)
The Home Occupation shall be entirely enclosed within the Dwelling Unit or Accessory
Building(s). Goods, materials or equipment associated with the Home Occupation shall
be stored or displayed only within the floor area Permitted for Home Occupation Uses
and shall not be visible from adjacent Lots.
g)
The amount of floor area used by the Home Occupation shall not exceed 33% of the
total finished floor area of the Dwelling Unit, shall not exceed 40 square metres in all
Accessory Buildings combined, and shall not exceed 56 square metres in total.
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h)
Not more than two (2) Persons not residing permanently on the premises shall be
employed at the premises.
parking areas
i)
One additional off-street Parking Space shall be required for each Person employed by
the Home Occupation that drives to work and also for each Guest Room in a Bed and
Breakfast.
j)
Interior Parking Spaces may be used for work vehicles and shall not be counted as part
of the Home Occupation's floor area. A maximum of one work vehicle shall be parked
out of doors, or two in an A1 or A2 Zone. Work vehicles may include small machinery
like a small tractor or a Commercial Motor Vehicle, but shall not include a transport
truck's trailer or heavy equipment such as a dump truck.
k)
No more than 50% of both the Front Yard and any Exterior Side Yard shall be used as
Parking Area and the Lot shall meet minimum Landscaped Open Area requirements in
Table A.
servicing requirements
l)
Any Home Occupation which requires a significant volume of water and/or produces a
significant volume of sewage shall require approval from the service provider and, if the
Dwelling is serviced by a private septic system, shall also require approval under Part 8
of the Building Code.
retail sales
m)
The Home Occupation shall permit rental or retail sales at the Dwelling Unit of only
merchandise that is:
i)
produced, assembled, repaired, or otherwise has value added, within the
Dwelling Unit or its Accessory Building(s), or
ii)
associated with a service being provided as part of the Use.
n)
Sales transactions are Permitted where orders are placed by phone and merchandise is
either picked up by the customer or delivered to the customer from the Dwelling or
another location.
instructional activities
o)
The Home Occupation may involve instructional or educational activity. More than 4
students may be Permitted only if the activity requires additional participants and all
requirements of fire, health and life safety have been investigated and met. The teaching
of music, dance, or other physical activity that is likely to create noise or vibration shall
be Permitted only within Single-Detached Dwelling Units.
deliveries
p)
The Home Occupation shall not involve the receipt or delivery of goods or equipment by
transport truck or methods other than those typical of regular Residential deliveries.
q)
Where located within 100 metres of a Dwelling on a separate Lot, no deliveries to or
from the Home Occupation shall occur between the hour of 7pm of one day and 7am of
the following day.
specifically prohibited activities
r)
The following Uses shall not be Permitted as a Home Occupation or a part thereof:
i)
a Use which does not comply with the preceding provisions.
ii)
any Use prohibited in Section 3.2.
iii)
Animal Hospital
iv)
Use involving the presence of Livestock.
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v)
drug store;
vi)
Dry Cleaning Establishment or Depot;
vii)
Institutional Use providing overnight residency and/or care.
viii)
Laundromat;
ix)
Restaurant of any type;
x)
Retail Store;
xi)
Motor Vehicle Repair, Service, Washing, or Wrecking Establishment;
xii)
sale, repair or service of Motor Vehicles, machinery, equipment or appliances; or
xiii)
sale or installation of Motor Vehicle audio parts, products or accessories.
signs
s)
One non-illuminated Sign advertising the Home Occupation shall be Permitted with a
maximum size of 0.3 square metres.
clinics
t)
Where a Home Occupation is a Clinic, a minimum of 1.5 parking spaces for each Person
employed shall be provided.
u)
No more than one (1) physician, dentist or drugless practitioner shall practice in a Clinic
where such Clinic constitutes a Home Occupation.
v)
A Single-Detached Dwelling may be entirely converted for use as a Clinic in which case
no Person shall be required to reside on site and the number of employees may be as
many as six.
3.10.2 Rural Home Occupations
A Home Occupation may be operated as an Accessory Use to a Dwelling on a Lot in an A1 or
A2 Zone and shall be subject to the regulations of Section 3.10.1 with the following
modifications:
a)
The Use shall not change the main Residential or Agricultural character and Use of the
Lot.
b)
The amount of floor area used by the Home Occupation shall not exceed 33% of the
total finished floor area of the Dwelling Unit or 56 square metres, whichever is the lesser
and, outside the Dwelling, shall not exceed 93 square metres in all Buildings combined.
c)
Open Storage or Outdoor Display totalling up to 93 square metres shall be Permitted
and shall be screened from view of Streets and neighbouring Dwellings by solid fences,
Buildings or hedges.
d)
A transport truck and trailer or heavy equipment that is operated by only the Home
Occupation owner may be parked on site as an Accessory Use.
e)
Instructional or educational activities for more than 4 students shall be Permitted
provided all fire, health and life safety requirements have been investigated and met.
f)
One non-illuminated Sign shall be Permitted having a maximum area of 2 square metres
and displaying the name of the business or Person engaged in such Home Occupation
on the Lot.
additional activities Permitted where no immediate neighbours
g)
Where a separation of 200 metres or more exists to the nearest neighbouring Dwelling
or any Use defined as a Type B Use for MDS II purposes and the Home Occupation
would not contravene Sections 3.10.1 b), d), and e), the following modifications shall
apply:
i)
Emissions that are perceptible outside the Dwelling or Building but within all legal
limits shall be Permitted.
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ii)
Receipt or delivery of goods or equipment shall be Permitted by any form of
transportation provided such vehicles have no need to park or make reversing
maneuvers on public roadways.
iii)
The following Uses shall be Permitted provided any Open Storage or Outdoor
Display is surrounded by a solid board fence at least 2.4 metres in Height and
the Use does not change the character of the Main Use or become a nuisance to
neighbouring properties:
1)
sale, repair or service of Motor Vehicles, machinery, equipment or
appliances.
2)
sale or installation of Motor Vehicle audio parts, products or accessories.
3)
Parking of construction equipment and construction vehicles within the
Permitted floor area and Open Storage limits.
3.10.3 Value Added Industries
A Value Added Industry shall be Permitted as an Accessory Use to an Agricultural Use and
shall comply with the regulations of Section 3.10.1 subject to the following modifications:
a)
Home Occupations that do not make use of a commodity produced as part of the
Agricultural Use of the Lot are not Value Added Industries.
b)
A Value Added Industry may be visible from neighbouring properties and may be notable
as a separate component to an Agricultural Use.
c)
Retail or wholesale sales shall be Permitted from the Lot, provided goods for sale are
primarily those produced by the Value-Added Industry.
d)
A Value Added Industry may result in increases in traffic volumes on Streets serving the
Use.
e)
The total floor area used by a Value Added Industry shall not exceed 375 square metres
outside of the Dwelling and not more than 33% of the Dwelling's finished floor area.
f)
Open storage of up to 190 square metres shall be Permitted.
g)
A Value Added Industry may employ up to 10 Persons not residing on the Lot, provided
this number shall be reduced by the number of Persons not residing on the Lot who are
employed in activities on the Lot not associated with the Value Added Industry.
h)
A maximum of 2 delivery vehicles required for delivering finished product may be kept on
site.
i)
One non-illuminated Sign shall be Permitted having a maximum area of 2 square metres
and displaying the name of the business or Person engaged in such business on the
Lot.
3.10.4 Agri-Tourism Uses
Agri-Tourism Uses shall be Permitted as Accessory to an Agricultural Use and shall comply with
the regulations of Section 3.10.1 subject to the following modifications:
a)
Home Occupations not based in activities promoting hands-on education, familiarization,
or enjoyment of farm practices, farm-living, food and crop production, livestock,
agricultural history, or agricultural economy are not Agri-Tourism Uses.
b)
An Agri-Tourism Use may be visible from neighbouring properties and may be notable
as a separate component to an Agricultural Use.
c)
Retail sales shall be Permitted from the Lot, provided goods for sale are primarily
commodities produced by the Agricultural Use.
d)
An Agri-Tourism Use may result in increases in traffic volumes on Streets serving the
Use.
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e)
The combined Gross Floor Area of all Buildings used primarily by an Agri-Tourism Use,
as opposed to Buildings existing for the Agricultural Use, shall not exceed 375 square
metres.
f)
Open storage of up to 190 square metres shall be Permitted.
g)
Not more than 2 hectares of land shall be removed from traditional Agricultural Use for
activities associated with the Agri-Tourism Use.
h)
An Agri-Tourism Use may employ up to 10 Persons not residing on the Lot, provided this
number shall be reduced by the number of Persons not residing on the Lot who are
employed in activities on the Lot not associated with the Agri-Tourism Use.
i)
A maximum of three Guest Rooms may be offered to customers participating in the Agri-
Tourism Use's activities. The maximum Permitted Gross Floor Area associated with
Guest Rooms including common areas shall be 30 square metres times the number of
Guest Rooms. This shall be in addition to the maximum Gross Floor Area Permitted for
the Agri-Tourism Use itself.
j)
One non-illuminated Sign shall be Permitted having a maximum area of 2 square metres
and displaying the name of the business or Person engaged in such business on the
Lot.
3.11
GROUP HOMES
Where Permitted, Group Homes, as defined in this By-law, shall be separated by a minimum
distance of 500 metres.
3.12
HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL
TRAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS
No truck, bus, coach or streetcar body shall be used for human Occupancy within the
Municipality whether or not the same is mounted on wheels;
With the exception of lands Zoned specifically for the purpose, on no Lot shall any Travel
Trailers, truck campers or Motor Homes be used by any Persons for living, sleeping or eating
accommodations except as Accessory to a Dwelling on the same Lot and not for more than
sixty (60) days total in any period of ten (10) consecutive months. Further, no more than one
such Travel Trailer, truck camper or Motor Home shall be used in such manner in any period of
ten (10) consecutive months.
3.13
PERMITTED ENCROACHMENTS
3.13.1 Yard Encroachments Permitted
Unless otherwise specified by this By-law, every part of any Yard required by this By-law shall
be open and unobstructed by any Building or Structure from the ground to the sky, provided
however, those Structures listed below shall be Permitted to encroach into the Required Yards
indicated for the distances specified, measured either from the point of the Main Wall closest to
the Lot Line or from the Required Yard, whichever is furthest from the Lot Line:
STRUCTURE
YARD IN WHICH
ENCROACHMENT IS
PERMITTED
MAXIMUM ENCROACHMENT
PERMITTED UNDER ZONE
REGULATIONS
a) Sills, belt courses,
cornices, eaves, gutters,
chimneys or similar
Any Yard
0.5 metre
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architectural Structure
b) Outdoor heating and air
conditioning unit
Any Yard
1.0 metre
c) Porches (unenclosed)
excluding eaves
Any Yard
2.0 metres
d) Decks (Unenclosed)
Any Yard
2.0 metres
e) Balconies and steps
(unenclosed)
Any Yard
1.2 metres
f) Bay windows and
awnings
Any Yard
1.0 metre
g) Cantilever
Any Yard
1.0 metre
h) Fire escape
Any Yard
1.2 metres
Provided however that c), d), e), f), g), and h) shall not be any closer than 1.2 metres to an
Interior Side Lot Line and item f) shall not exceed a width of 3 metres if encroaching into a
Required Yard.
In any Agriculture Zone, where a Dwelling Unit is Non-Complying regarding the Required Front
Yard Setback, a Deck (Unenclosed) or unenclosed Porch may be added to the Dwelling if such
Deck or Porch is no closer to the Front Lot Line than the front of the Building.
3.13.2 Where Minor Variance Granted
Where a minor variance is granted from a Required Yard, no Permitted Encroachment, other
than those listed in Section 3.13.1 a), may encroach closer to the Lot Line than the Setback
established by the granted minor variance or than the Maximum Encroachment that was
Permitted prior to the granted minor variance, whichever is closer to the Lot Line. The Permitted
Encroachments of Section 3.13.1 a) may encroach 0.5 metres beyond the granted minor
variance, provided they shall be no closer than 0.5 metres to a Lot Line.
3.13.3 Building in Built-Up Areas
Where a Building is to be Erected within a built-up area where there is an Established Building
Line, such Building may be Erected closer to the Street Line than Permitted by this By-law
provided that such Building is not Erected closer to the Street Line than the Established Building
Line.
3.13.4 Yard Depth Non-Compliance
Where in any Zone, a Building or Structure lawfully existed on the date of passing of this By-law
and is used for a Permitted Use and the Existing Building or Structure does not comply with the
minimum Required Yards for the Zone in which it is situated, the Existing Yards shall be
deemed to be the minimum Required Yards for that Building or Structure. Any expansion to the
Existing Building or Structure shall comply with all provisions of this By-law.
3.14
PRIVATE SWIMMING POOLS
A Private Swimming Pool shall not be considered as part of the Lot Coverage. Fences
surrounding Private Swimming Pools shall comply with the By-laws of the Corporation
regulating such fences. Private Swimming Pools shall be subject to the same Setbacks as
required by, Section 3.3.3.
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3.15
DECK (UNENCLOSED)
A Deck (Unenclosed) shall not be considered as part of the Lot Coverage and shall be subject
to the same Setbacks as Accessory Buildings or Structures in the Zone they are permitted,
except as provided for in Section 3.13.1, Yard Encroachments Permitted.
3.16
HEIGHT RESTRICTIONS
The Height provisions of this By-law shall not apply to the following:
a) an air conditioner duct; b) a belfry; c) a chimney; d) a Church spire; e) a clock tower; f) an
elevator penthouse; g) a farm Building; h) a flag pole; i) a grain elevator; j) a radio Antenna; k) a
television Antenna; l) a farm silo; m) a water tower, n) a cupola; o) a smoke stack; p) a
ventilator; q) a skylight; r) a bulkhead; s) a firewall; t) a Transmission Tower, and u) a
meteorological mast.
3.17
OPEN STORAGE AND OUTDOOR DISPLAY REGULATIONS
Subject to the provisions of Section 3.17, and in addition to the Zones in which Open Storage
and Outdoor Display are permitted, where the definition of a Use in Section 2 so implies, Open
Storage and/or Outdoor Display for the specified purposes shall be Permitted as Accessory to
the Use.
3.17.1 Open Storage
Minimum Setbacks
a)
Unless otherwise specified hereinafter, the minimum Setback from any Front, Side or
Rear Lot Line of any Permitted Open Storage in any Zone shall be no less than the
respective minimum Front, Interior or Exterior Side or Rear Yard of the Zone in which the
Open Storage is located except in the case of a Permitted Agricultural Use, Extractive
Use, Transport Truck Terminal, Salvage Yard, or a Storage Depot;
Parking
b)
Any areas used for Permitted Open Storage shall be in addition to and separate from
such areas as may be required by this By-law for the provision of off-Street Parking
Spaces;
Lighting
c)
Where lighting facilities are provided in conjunction with any Permitted Open Storage,
such lighting shall be so arranged as to deflect light onto the Open Storage area and
away from any adjoining properties;
Screening
d)
Other than an Agricultural Use, Aggregate Storage Area or Nursery, any portion of a Lot
used for Open Storage shall be enclosed by a fence measuring at least 2.5 in Height in
an Industrial Zone and at least 1.8 metres in all other Zones, and where abutting any
Residential, Institutional or Open Space Zones, such fence shall be constructed of solid
materials;
Surface Treatment
e)
Any Open Storage area shall be maintained with a stable surface, treated so as to
prevent the raising of dust or loose particles and drained in accordance with the
requirements of the Municipality.
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3.17.2 Outdoor Display
Where Outdoor Display and sale of goods and materials is Permitted the following provisions
shall be complied with:
a)
Such Outdoor Display is Accessory to a business carried on in an enclosed Building, or
portion thereof, on the same Lot except in the case of a private Garage Sale;
Minimum Setbacks
b)
The area used for Outdoor Display shall provide Side and Rear Yards in accordance
with the provisions for the Zone in which the land is situated, but in any event shall not
be closer to any Side or Rear Lot Line that 3.0 metres (9.8 feet);
Parking
c)
Any areas used for Permitted Outdoor Display shall be in addition to and separate from
such areas as may be required by this By-law for the provision of off-Street Parking
Spaces;
Lighting
d)
Where lighting facilities are provided they shall be so arranged as to deflect the light onto
the Outdoor Display and sale area, and away from adjoining properties and Streets;
Screening
e)
If the Interior Side Lot Line or Rear Lot Line of a Lot upon which such Outdoor Display
and sale is Permitted abuts a Residential, Institutional or Open Space Zone, then a
Planting Strip shall be provided along such abutting Lot Line, or portion thereof, in
accordance with Section 3.19;
Surface Treatment
f)
The area used for Outdoor Display and sale shall be surfaced and maintained with either
concrete, asphalt, crushed stone and other hard surface and dust free materials, or
maintained as a lawn in a healthy growing condition.
3.18
SPECIAL SETBACK PROVISIONS
3.18.1 Setbacks from Watercourses, Open Drainage Ditches and Drains
a)
Within any A1 or A2 Zone, where there are Buildings or Structures located on the
opposite side of an Open Municipal Drain within 15 metres of the Top-of-Bank of the
Open Municipal Drain, no Building or Structure shall be Erected closer than 15 metres
from the Top-of-Bank on the near side. In all other cases and Zones, the minimum
Setback shall be 3 metres from the nearest Top-of-Bank.
b)
No Building or Structure shall be Erected:
i)
Closer to the centre line of a municipal gravity Sanitary Sewer or Storm Sewer
(including Closed Municipal Drains) than the sum of 0.3m, half the diameter of
the service pipe, and the invert depth of the service. Notwithstanding, the setback
shall not be less than 2.5 metres where the top of the footing of the Building or
Structure is 30 cm or more below the invert of the service, or 5 metres where the
elevation of the footing Is located otherwise.
ii)
Closer to the centre line of a municipal force main Sanitary Sewer or water line
than the sum of 1.3m, half the diameter of the service pipe, and the invert depth
of the service. Notwithstanding, the setback shall not be less than 3m where the
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top of the footing of the Building or Structure is 30 cm or more below the invert of
the service, or 6 metres where the elevation of the footing is located otherwise.
3.18.2 Sight Triangles
Within any area defined as a Sight Triangle, the following shall be prohibited:
a)
Any vegetation, shrubs or foliage planted or
maintained higher than 1 metre above the
elevation of the centre line of any adjoining
Street. This requirement shall not apply to
Agricultural Uses.
b)
A Finished Grade exceeding the elevation
of the centre line of the Street intersection
by more than 60 centimetres;
c)
Buildings, Structures, Signs or fences, the
top of which exceeds the elevation of the
centre line of the adjoining Streets by more
than 1 metre in Height;
d)
In all Zones other than the C1 Zone,
A1 Zone and A2 Zone, a Sight
Triangle of 15 metres measured
down the Street Line where traffic
has the right of way and 10 metres
down the other Street Line shall be
required. Where both or neither
Street Line is a designated right of
way, a 15 metres by 10 metres
Sight Triangle shall be required
along both Street Lines.
e)
In the A1 Zone and A2 Zone a Sight Triangle of 80 metres measured down the Street
Line where traffic has the right of way and 26 metres down the other Street Line shall be
required. Where both or neither Street Line is a designated right of way, an 80 metres by
26 metres Sight Triangle shall be required along both Street Lines.
3.19
PLANTING STRIPS
A Planting Strip shall be located within the Zone and on the Lot for which it is required. It shall
be planted, nurtured and maintained by the Owner of the Lot on which the Planting Strip is
located. The responsibility of maintenance of trees and plants rests with the Owner.
3.19.1 Required Location
Where a Lot is for a Non-Residential purpose and:
a)
The Interior Side Lot Line or Rear Lot Line abuts any Residential Use or undeveloped
land in a Residential Zone; or
b)
Where such Lot is in an Industrial Zone and the Front, Side or Rear Lot Line abuts a
Street Line and the opposite Street Line abuts any Residential Use or undeveloped land
in any Residential Zone,
then the land adjoining such abutting Lot Line or Street Line shall be used for no purpose other
than a Planting Strip in accordance with the provisions of this subsection.
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3.19.2 Width
Where, in any Zone, land is required to be used for no purpose other than a Planting Strip, it
shall have a minimum width of 3 metres measured perpendicularly to the Lot Line adjoining
such Planting Strip.
3.19.3 Height
The minimum Height of trees, evergreens, or shrubs required in a Planting Strip shall be 1.5
metres at the time of planting.
3.19.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a Planting Strip it shall be permissible to interrupt the
Planting Strip within 3 metres of the edge of such driveway or within 1.5 metres of such walk.
3.19.5 Landscaped Open Space
A Planting Strip may form part of any Landscaped Open Space required by this By-law.
3.20
SIGNS
a)
Nothing in this By-law shall apply to prevent the erection, Alteration or Use of any Sign,
provided such Sign complies with the By-laws of the Corporation regulating Signs and
provided such Sign complies with the provisions of this By-law.
b)
Signs that are lawfully Erected and maintained, directly related to, and pertinent to the
function of any of the Permitted Uses of this By-law are Permitted provided that in any
Residential Zone only the following shall be Permitted:
i)
One (1) non-illuminated real estate Sign having a maximum area of 0.5 square
metres advertising the sale, rental or lease of the Building, Structure or Lot upon
which the Sign is displayed.
ii)
One (1) non-illuminated Sign having a maximum area of 0.3 square metres
displaying the name and address of a Person engaged in a Permitted Home
Occupation, residing on the Lot on which the Sign is displayed.
iii)
One (1) non-illuminated Sign having a maximum area of 5 square metres
advertising the name and particulars of a subdivision or similar development
project provided such Sign shall be removed upon completion of the project.
c)
For any Permitted Home Occupation, Value Added Industry, or Agri-Tourism Use
located in an Agricultural Zone, one (1) non-illuminated Sign having a maximum area of
2 square metres displaying the name and address of such business or a doctor, dentist,
drugless practitioner, or person engaged in such business, residing on the Lot on which
the Sign is displayed, shall be Permitted.
3.21
ENVIRONMENTAL PROTECTION ZONES
Unless specified to the contrary in this By-law, no Building or Structure shall be used or Erected
in any Environmental Protection Zone, except for activities that create or maintain infrastructure
authorized under an environmental assessment process, or works subject to the Drainage Act.
3.21.1 Environmental Protection Wetland and Significant Natural Area Zones
Development may be Permitted on lands within the specified distance of the Environmental
Protection Wetland (EP-WET) and Environmental Protection - Significant Natural Area Zones,
subject to the execution of a site plan agreement, or other agreement with the Municipality or St.
Clair Region Conservation Authority, specifying development conditions and boundaries, based
on an environmental impact evaluation, prepared by a qualified professional in accordance with
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the provisions of the Official Plan and to the satisfaction of the Municipality. The environmental
impact evaluation must demonstrate that there will be no negative impact on the natural
features or on the ecological functions for which the area is identified. The specified distance for
an EP-SNA Zone is 50 metres and for an EP-WET Zone is 120 metres where representing a
provincially significant wetland and 50 metres where representing a locally significant wetland,
as noted and distinguished on Appendix Map "B".
3.21.2 Environmentally Hazardous Lands
Notwithstanding any other provisions of this By-law, no permanent Buildings or Structures shall
be Erected or used on lands which exhibit, or potentially exhibit, a hazardous condition as a
result of susceptibility to flooding, erosion, subsidence, inundation, or the presence of organic
soils or steep slopes, or on land where, by reasons of its low lying, marshy or unstable
character, the cost of construction of satisfactory waterworks, sewage, or drainage facilities is
prohibitive.
3.22
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES
Where any Commercial Zone or Industrial Zone fronts on a Street or Road opposite to, or
directly abuts any Residential, Institutional, or Open Space Zone, the following provisions shall
be complied with:
a)
No Loading Space shall be located in, nor open onto any Yard adjacent to a
neighbouring Zone as listed above;
b)
Exterior lighting and illuminated Signs shall be so arranged as to deflect light away from
the adjacent Zone;
c)
Open Storage shall be prohibited in any Front Yard or Side Yard adjacent to the
neighbouring Zone. Where Outdoor Display or Open Storage are Permitted, the
provisions of Section 3.17 shall apply.
d)
A Planting Strip shall be provided in accordance with the provisions of Section 3.19.
3.23
CONVERSION OF EXISTING DWELLINGS
In any Residential Zone, if Converted Dwellings are Permitted in Existing Single Detached
Dwellings, Single Detached Dwellings may be Altered, remodeled, enlarged and used for
purposes of a Multiple Dwelling, provided that:
a)
No Dwelling Unit so created contains a Gross Floor Area of less than fifty-five (55)
square metres and this shall be in addition to the minimum Gross Floor Area
requirements established by this By-law for the residence prior to conversion;
b)
After conversion no more than a total of three (3) Dwelling Units exist;
c)
There is no increase to the Gross Floor Area of the Building for habitable purposes
except for the addition of sun Porches, entranceways and dormers;
d)
Any outside stairways (except for required fire escapes) be located in the Rear Yard;
e)
No Building may be converted unless the Lot has a minimum of 100 square metres of
Landscaped Open Space located in the Rear Yard. For any conversion an additional 35
square metres of Landscaped Open Space must be provided for each additional
Dwelling Unit;
f)
The off-Street parking requirements of this By-law are complied with;
g)
Where the Building cannot be connected to a sanitary sewer system, Approved
alternative sewage treatment facilities shall be provided.
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3.24
RAILWAYS
Residential Use Setbacks
a)
New Residential development adjacent to Existing rail lines shall have a minimum
Setback of 30 metres from the boundary of the railway Right-of-Way. Lawfully Existing
Buildings and Structures shall comply with Section 3.13.4 Yard Depth Non Compliance.
Railway Crossings
b)
Where a Street crosses a railway at the same grade, no Building or Structure shall be
Erected closer to the point of intersection of the centre lines of both the railway and
Street Right-of-Ways than:
i)
75 metres in all Agricultural (A) Zones and Industrial (M) Zones, and;
ii)
30 metres in all other Zones.
3.25
PARKING AREA REGULATIONS
3.25.1 Requirements
a)
The Owner or occupant of every Building or Structure Erected or used for any of the
purposes hereinafter set forth except for Existing Buildings, Structures or Uses in the
Commercial (C1) Zone, shall provide and maintain for the sole Use of the Owner,
occupant, or other Persons entering upon or making Use of the said premises from time
to time, one (1) or more Parking Spaces, each such Parking Space having a minimum
width of 2.7 metres and minimum length of 6.1 metres, in accordance with the following:
Type of Use
Minimum Parking Spaces Required
Residential Uses
Boarding House
1 Parking Space per Dwelling Unit, plus 1 Parking Space
per Guest Room
Group Home, Type 1 or 2
1 Parking Space per staff member
Home for the Aged, Rest
Home
1 Parking Space per resident's unit, plus 1 Parking Space
per 2 guest rooms
Mobile Home Park
2 Parking Spaces per Mobile Home Site
Multiple Dwelling
1.5 Parking Spaces per Dwelling Unit
Other Residential Uses
Permitted by this By-law
1 Parking Space per Dwelling Unit
Non-Residential Uses
Animal Hospital
1 Parking Space for each 28 square metres of Gross
Floor Area
Assembly Hall, Auditorium,
Community Centre, Private
Club
1 Parking Space for every 8 fixed seats plus 1 Parking
Space for each 18.5 square metres of Gross Floor Area
(excluding area occupied by fixed seating)
Auction Hall, Flea Market
1 Parking Space for every 5 square metres Gross Floor
Area accessible to the public
Bank
1 Parking Space per 20 square metres of Gross Floor
Area
Bed and Breakfast
1 Parking Space per Guest Room, plus one additional
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Establishment
Parking Space
Bingo Hall
The greater of:
a)
1 Parking Space per 14 square metres of Gross
Floor Area; or
b)
1 Parking Space per 4 Person Occupant Load of
the hall
Church
1 Parking Space per 10 square metres of Gross Floor
Area
Clinic
The greater of:
a)
5 Parking Spaces per practitioner; or
b)
1 Parking Space per 18 square metres of Gross
Floor Area
Commercial Recreation
Establishment
The greater of:
a)
1 Parking Space per 14 square metres of Gross
Floor Area: or
b)
1 Parking Space per 4 Persons Occupant Load of
the establishment
Convenience Store
1 Parking Space per 20 square metres of Gross Floor
Area
Day Nursery
1 Parking Space per staff member
Funeral Home
The greater of:
a)
1 Parking Space for every 5 fixed seats and 1
Parking Space for every 5 square metres Floor
Area where non-fixed seating can be made
available for chapel purposes; or
b)
1 Parking Space for every 5 square metres of
Gross Floor Area devoted to reposing rooms
Golf Course
8 Parking Spaces per tee
Hospital, Nursing Home
0.75 Parking Spaces per bed
Hotel, Motel
1.25 Parking Spaces per unit plus 1 Parking Space per
20 square metres of communal eating or entertainment
area
Industrial Use
1 Parking Space for each 55 square metres of Gross
Floor Area up to 800 square metres and 1 Parking Space
for each additional 280 square metres of Gross Floor
Area in excess of 800 square metres
Library
1 Parking Space for each 37 square metres of Gross
Floor Area
Miniature Golf Course
12 Parking Spaces minimum
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Motor Vehicle Repair
Establishment
3 Parking Spaces per staff member
Motor Vehicle Sales
Establishment
1 Parking Space per 30 square metres Gross Floor Area
plus 1 Parking Space per 10 Motor Vehicles on display
Motor Vehicle Service
Establishment
5 Parking Spaces per working bay
Motor Vehicle Washing
Establishment:
i)
Self-service operation 4 Parking Spaces per wash stall
ii)
Conveyor operation
8 Parking Spaces per wash stall
Office
1 Parking Space per 37 square metres of Ground Floor
Area, plus 1 Parking Space for each 70 square metres of
the remaining Gross Floor Area
Restaurant
The greater of:
a)
1 Parking Space per 14 square metres of Gross
Floor Area; or
b)
1 Parking Space per 4 persons Occupant Load of
the dining room
Restaurant, Drive-In
10 Parking Spaces per Lot
Retail Store
1 Parking Space per 20 square metres of Ground Floor
Area plus 1 space for each 70 square metres of
remaining Gross Floor Area
Retail Warehouse
1 Parking Space per 90 square metres of Gross Floor
area for the first 900 square metres plus 1 Parking Space
for each 180 square metres of remaining Gross Floor
Area
School
1.5 Parking Spaces per classroom or teaching area plus
adequate off-Street loading zones for buses
Service and Repair Shop,
Personal Service
Establishment
1 Parking Space per 20 square metres of Ground Floor
Area, plus 1 Parking Space for each 70 metres of
remaining Gross Floor Area
Shopping Centre
1 Parking Space per 28 square metres of Gross Floor
Area
Tavern
1 Parking Space for each 5 square metres of Gross Floor
Area accessible to the public and devoted exclusively to
such Uses
Warehouse
5 Parking Spaces minimum for the first 1,858 square
metres of Gross Floor Area and 1 Parking Space for each
additional 300 square metres of Gross Floor Area
Other Non-Residential Uses
Permitted in this By-law
1 Parking Space per 37 square metres of Gross Floor
Area
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b)
Parking Spaces shall be provided at the time of construction or in association with a
change of Use, according to the provisions of this By-law.
c)
If calculation of the required Parking Spaces results in a fraction, the required Parking
Spaces shall be the next higher whole number.
3.25.2 Addition to Existing Use
When an Existing Building or Structure has insufficient Parking Spaces at the date of passing of
this By-law to comply with the requirements herein, this By-law shall not be construed to require
that the deficiency be made up prior to the construction of any addition. In the case of the
expansion or enlargement of an Existing Building or Structure, the requirement for provision of
additional Parking Spaces shall be based on said expansion or enlargement.
3.25.3 Change of Use
Where a change of Permitted Uses takes place in a Commercial Zone within an Existing
Building or Structure no additional parking facilities shall be required provided that:
a)
No Existing Parking Spaces are lost due to the change;
b)
The proposed Use does not constitute an increase in intensity with regard to parking
requirements;
c)
The previous Use was not Residential;
d)
The Gross Floor Area is not increased.
In the case of an increase in Gross Floor Area, the provisions of Section 3.25.2 shall apply.
3.25.4 More Than One Use on A Lot
When a Building, Structure or Lot accommodates more than one type of Use the Parking Space
requirement for such Building, Structure or Lot shall be the sum of the requirements for the
separate Uses thereof.
3.25.5 Location
The required Parking Area shall not form a part of any Street or Lane. The required Parking
Area shall be provided on the Lot occupied by the Building, Structure or Use for which said
Parking Area is required, except in the case of a Non-Residential Use, the required Parking
Area may be provided on another Lot if such Parking Area is not more than 150 metres from the
Building, Structure or Use requiring the Parking Area and the Parking Spaces are available for
the exclusive Use of the Building, Structure or Use, provided an agreement is registered on title
of the lands used for parking committing said Parking Spaces to the related non-Residential
site.
3.25.6 Yards Where Parking is Permitted
Despite any Yard provisions of this By-law to the contrary, uncovered surface Parking Areas
shall be permitted in all Yards provided that no part of any Parking Area, other than a driveway,
is located in a required Planting Strip or is located closer than the minimum required Front Yard
and Exterior Side Yard Depth to any Street Line
3.25.7 Access to Parking
Location
a)
The minimum distance between a driveway and the intersection of Street Lines
measured along the Street Line intersected by such driveway shall be 9 metres.
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Width
b)
Access to the required Parking Spaces and Parking Areas shall be provided by means
of unobstructed driveways or passageways at least 3 metres but not more than 9 metres
in width. In the case of a driveway with combined ingress and egress, the minimum
width of a driveway shall be 7 metres for Parking Areas with three (3) to ten (10) Parking
Spaces, and 9 metres for Parking Areas with more than ten (10) Parking Spaces. In all
cases, the maximum driveway width shall be 9 metres. All driveway widths shall be
measured along the Street Line.
c)
A driveway leading to any Loading Space(s) or Parking Area shall be defined by a curb
of concrete or rolled asphalt and be maintained with a cement or asphaltic binder or any
other permanent surfacing. This paragraph shall not apply to Residential Dwellings with
three (3) or less units or Parking Areas or Loading Spaces with a gravel surface.
Aisles
d)
The Aisles between Parking Spaces within a Parking Area shall have a minimum width
of 6 metres.
Angle of Intersection
e)
The minimum angle of intersection between a driveway and a Street Line shall be 60
degrees.
Number of Driveways
f)
Every Lot shall be limited to the following number of driveways:
i)
Two (2) driveways, with a combined width not exceeding 30% of the Lot
Frontage, for the first 30 metres of Lot Frontage or portion thereof; and
ii)
One (1) additional driveway for each additional 30 metres of Lot Frontage.
3.25.8 Surface
a)
For any Commercial, Industrial or Institutional Use, gravel shall be required as a
minimum standard for surfacing any Parking Area.
b)
For any Residential Structure containing up to three (3) Dwelling Units, gravel shall be
required as a minimum for surfacing any Parking Area.
c)
For any Residential Structure containing more than three (3) Dwelling Units, the Parking
Area shall be surfaced with a hard, dust free surface and have curb stops as a minimum.
3.25.9 Movement Lanes for Motor Vehicle Washing Establishments
a)
Automatic Motor Vehicle Washing Establishments shall have on their premises sufficient
space for the storage and movement of at least five (5) Motor Vehicles in advance of the
three (3) Motor Vehicles at the terminus of each wash line.
b)
Self-service Motor Vehicle Washing Establishments shall have on their premises
sufficient space for the storage and movement of at least three (3) Motor Vehicles in
advance of and one (1) Motor Vehicle at the terminus of each wash stall.
3.25.10 Restrictions in Residential Zones
a)
No Commercial Motor Vehicle that carries Dangerous Goods as defined in this By-law
shall be parked or stored in any Residential Zone.
b)
No Commercial Motor Vehicle with a capacity for carrying a load weighing one (1) tonne
(2,200 lbs. approx.) or more or tractor shall be parked or stored in any Residential Zone.
c)
The parking or storage of a boat, snowmobile, all-terrain vehicle, Travel Trailer or Motor
Home is Permitted in any Residential Zone provided that none of the above are parked
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or stored in a Sight Triangle, a required Parking Space, a Front Yard or Exterior Side
Yard. Where a boat, snowmobile, all-terrain vehicle, Travel Trailer or Motor Home is
parked or stored in an Interior Side Yard or Rear Yard, it shall comply with the Setbacks
imposed on Detached Accessory Buildings and Structures as stated in Section 3.3 of
this By-law. Mobile Homes and Park Model Homes shall not be parked or stored in any
Residential Zone.
3.26
LOADING SPACE REGULATIONS
3.26.1 Spaces Required
a)
The Owner or occupant of any Lot, Building or Structure Erected or used for any
purpose, involving the receiving, shipping, loading or unloading of Persons, animals,
goods, wares, merchandise or raw materials, shall provide and maintain at the premises,
facilities for loading. Loading Spaces shall measure at least 9 metres in length, 3.5
metres in width and have a vertical clearance of at least 4.5 metres.
b)
Loading Spaces shall be required in accordance with the following:
Gross Floor Area of Building or Structure
Minimum number of
Loading Spaces required
i) more than 280 square metres to 2,800 square metres
1
ii) more than 2,800 square metres to 5,600 square metres
2
Each additional 2,800 square metres of Gross Floor Area will require the addition of one
(1) additional Loading Space.
3.26.2 Addition to Existing Uses
a)
When an Existing Building or Structure has insufficient Loading Space at the date of
passing of this By-law to comply with the requirements herein, this By-law shall not be
construed to require that the deficiency be made up prior to the construction of any
addition. In the case of the expansion or enlargement of an Existing Building or
Structure, the requirement for the provision of Loading Spaces shall be based on said
addition.
b)
No additional Loading Spaces shall be required where an addition does not exceed 10%
of the Gross Floor Area of the Building or Structure as it existed on the date of the
passing of this By-law.
3.26.3 Loading Spaces Maintenance
Adequate drainage facilities are to be provided in accordance with the requirements of the
Municipality. Loading Spaces and approaches are to be maintained with a stable surface that is
treated to prevent the raising of dust or loose particles.
3.26.4 Loading Spaces as Parking Spaces
Any Loading Space in accordance with the provisions of Section 3.26.1 of this By-law may be
used as a Parking Space and may form part of the parking requirements of Section 3.25.1 of
this By-law provided said Loading Space does not form part of any Aisle.
3.26.5 Location
The required Loading Space shall be provided on the Lot occupied by the Building or Structure
for which the said Loading Spaces are required and shall not form a part of any Street or Lane.
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Loading Spaces are to be located in the Rear Yard where a Lot has access at both the front and
rear to a Street or Road.
3.26.6 Access
Access to Loading Spaces shall be by means of a driveway at least 6 metres wide contained
within the Lot on which the Loading Spaces are located.
3.27
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a Lot is reduced by means of an acquisition of part of the Lot by any authority
having power of expropriation, and where such acquisition causes the Lot as reduced, or any
Building or Structure Existing lawfully on the Lot on the date of such acquisition, to not comply
with one or more provisions of this By-law, then nothing in this By-law shall apply to prevent the
continued Use of the Lot as reduced as if no such acquisition had taken place, provided that:
a)
No further change is made in the dimensions, area or any other characteristic of the Lot
as reduced, subsequent to the date of such acquisition, that would increase the extent of
the said non-compliance; and
b)
No Building or Structure or addition thereto is erected on the Lot as reduced, subsequent
to the date of such acquisition, except in accordance with the provisions of this By-law.
3.28
SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK
No person shall keep Large Livestock or have a Hobby Farm on any Lot unless such Use is a
Permitted Use for the Zone within which the Lot is located and the Lot has a minimum of 0.6
hectares of Lot Area.
3.29
SPECIAL PROVISION FOR DEVELOPMENT SURROUNDING ACTIVE AND CLOSED
WASTE DISPOSAL SITES
Any new development, or change of Use, on or within 500 metres of the perimeter of an active
or closed Waste Disposal Site as shown on Schedule A to this By-law shall demonstrate
through testing by the province or its agent, that there is no migration of methane gas or
leachate from the landfill site that would affect the development.
3.31
SPECIAL PROVISIONS FOR SEASONAL HOUSING
In addition to the provisions for Dwellings of the Zones where Seasonal Housing is Permitted,
Seasonal Housing:
a)
shall maintain a minimum Setback from all Lot Lines of 10 metres, in addition to other
Zone minimum Setbacks;
b)
where located within 60 metres of a Street Allowance or a Dwelling on a separate Lot,
Seasonal Housing shall be screened with a Planting Strip or an opaque fence or wall
measuring a minimum of 1.8 metres in Height;
c)
shall have a minimum Gross Floor Area of 28 square metres total or 8 square metres
per occupant, whichever is greater, and a maximum Gross Floor Area of 90 square
metres;
d)
Where an Existing Dwelling is used as a Seasonal Dwelling, the maximum Gross Floor
Area shall not apply, provided the size is not increased and provided a second Dwelling
is not Erected on the same Lot after the date of passing of this By-law;
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e)
Seasonal Housing shall be provided with electric light, with running water and plumbing,
cooking, laundering and showering facilities within the Building, and with a separate
room with a sink and a toilet connected to an Approved septic system;
f)
Seasonal Housing shall be Permitted only on Lots with a minimum Lot Area of 20 ha or
in Existing Dwellings on any Lot; and,
g)
A maximum of one (1) Seasonal Dwelling shall be Permitted on a Lot.
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SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS
4.1
ESTABLISHMENT OF ZONES
For the purpose of this By-law the Township of Dawn-Euphemia is divided into the following
defined areas herein referred to as Zones:
SECTION
ZONE NAME
SYMBOL
5
Agricultural 1
A1
6
Agricultural - No Farm Dwelling
A-NFD
7
Agricultural 2
A2
8
Residential 4
R4
9
Residential 5
R5
10
Commercial
C1
11
Rural Commercial
C3
12
Industrial
M1
13
Industrial Waste Disposal
M3
14
Institutional
I
15
Passive Open Space 1
OS1
16
Active Open Space 2
OS2
17
Environmental Protection - Wetland
EP-WET
18
Environmental Protection - Woodlot
EP-WD
19
Environmental Protection -Hazard
EP-H
20
Environmental Protection -Significant Natural Area
EP-SNA
4.2
USE OF SYMBOLS
The symbols listed in Subsection 4.1 may be used to refer to any of the Uses of land, Buildings
and Structures Permitted by this By-law in the said Zones and whenever in this By-law the word
"Zone" is used, preceded by any of the said symbols, such Zone shall mean any area
delineated on the Zoning Maps and designated thereon by the said symbol or by graphic
representation as explained in legends on the respective Zoning Maps.
4.3
HOLDING (h) SYMBOL
4.3.1 The Use of the Holding (h) Symbol
Where a holding symbol is added as a suffix to any Zone category, development within the area
affected cannot proceed until the conditions specified in the provisions have been fulfilled.
Council will remove the holding symbol once the conditions restricting development have been
satisfied.
4.4
APPLICATION OF ZONES
a)
No Person shall, within any of the Zones defined in the By-law and delineated on the
Zoning Maps hereto appended, Erect or use any Building or Structure, or use any land
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in whole or part except in such manner and for such purposes as are set forth in this By-
law.
b)
In any Zone referenced in Table A, unless otherwise specified, those Uses in the
Permitted Uses list not referenced in Table A shall only be permitted as Accessory or
secondary to another Permitted use. This shall not include Uses specifically listed as
Zone Exceptions or given alternative zone Regulations in the applicable Zone's section
of the By-law.
4.5
INCORPORATION OF ZONING MAP
The location and boundaries of the Zones established by this By-law are shown on the Zoning
Maps hereto appended as Schedule A and Parts 1, 2, 3, 4, 5, 6, 7, 8, and 9 to Schedule A
which are hereby incorporated in and declared to form part of this By-law.
4.6
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various Zones as shown on the
Zoning Maps, the following provisions shall apply:
Street, Lane, Right-of-Way, or Watercourse
a)
Unless otherwise shown, a Street, Lane, railway Right-of-Way, electrical transmission
line Right-of-Way or Watercourse shall be included within the Zone of the adjoining
property on either side thereof and where such Street, Lane, Right-of-Way or
Watercourse serves as a boundary between two (2) or more different Zones, the centre
line of such Street, Lane, Right-of-Way or Watercourse extending in the general
direction of the long dimension thereof, shall be deemed to be the boundary between
Zones.
Lot Lines
b)
Where any Zone boundary is not shown to be a Street, Lane, Right-of-Way or
Watercourse, and where the boundary approximately follows Lot Lines, such Lot Lines
shall be deemed to be the Zone boundary.
Closed Street, Lane or Right-of-Way
c)
In the event a Street, Lane or Right-of-Way and the limits of any portion thereof is
closed, the property formerly within such Street, Lane or Right-of-Way shall be included
within the Zone adjoining the property, and where such Street, Lane, or Right-of-Way
was a Zone boundary, the new Zone boundary shall be the former centre line of the
closed Street, Lane or Right-of-Way.
Environmental Protection Hazard (EP-H) Zones
d)
The "Environmental Protection - Hazard (EP-H) Zone" shall be deemed to correspond
with the limits of those lands formerly regulated by the "Fill, Construction, and Alteration"
Regulation passed pursuant to the Conservation Authorities Act, R.S.O. 1990, Chap.
C.27, as amended. The EP-H Zone is layered with and shall take precedence over any
other Zone designations shown on Schedule "A" and its part maps, except where the
requirements of Ontario Regulation 171/06 under the Conservation Authorities Act are
met as determined by the Conservation Authority. Where a Use, Building, or Structure
complies with Regulation 171/06, the Use, Building, or Structure shall be Permitted if it
also complies with the provisions applicable in the Zone designation subordinate to and
underlying the EP-H Zone. For clarity, this provision shall not apply to Permit any Use,
Building, or Structure within lands shown as an EP-WET, EP-WD or EP-SNA Zone on
Schedule A or its part maps that does not comply with that Zone's provisions.
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Other Environmental Protection (EP) Zones
e)
Environmental Protection - Woodlot (EP-WD), Environmental Protection - Wetland (EP-
WET), and Environmental Protection - Significant Natural Area (EP-SNA) Zone
boundaries shall be deemed to correspond with the limits of the natural feature it
represents as such feature Existed on the date of passing of this By-law. Alterations of
the natural feature's boundary through removal of trees or by other means subsequent
to the date of passing of this By-law shall not alter the limits of the Zone boundary.
Portions of a woodlot for which an exception from the County of Lambton Woodlands
Conservation By-law or any successor has been obtained shall however be deemed
outside the Woodlot (WD) Zone boundary.
Scale from Zoning Map
e)
Where any Zone boundary is left uncertain after application of the provisions of Section
4.6, subsections a), b) c) and d), of this By-law, then the boundary shall be determined
by scale from the zoning maps to the centre of the Zone boundary line.
4.7
TABLE A
a)
No Person shall Erect or use any Building or Structure, or use any land or cause or
permit any Building or Structure to be Erected or used, or cause or permit any land to be
used, in any Zone except in conformity with the regulations as set out in Table A for that
Zone.
b)
New Lots must comply with the Lot Area and Frontage requirements specified in Table
A for the applicable Zone and Use of the Lot.
c)
Lot boundary adjustments that bring an Existing, legally Non-Complying Lot closer to
compliance with respect to Lot Area or Frontage shall not require a minor variance
provided it does not result in the Non-Compliance or further Non-Compliance of another
Lot with respect to Lot Area or Frontage.
d)
The Zone Regulations of Table A that apply to a particular Use or Lot shall be those that
correspond with the subsection number they are listed under in the applicable Zone's list
of Permitted Uses. Where a Use is only Permitted as Accessory or secondary to
another Use, the Zone Regulations applicable to the Use to which it is Accessory shall
apply. Where another main Use may be Permitted and the applicable Zone Regulations
are not specified elsewhere, the Zone Regulations applicable to the first Permitted Use
listed in the Zone shall apply.
e)
Except where specified elsewhere within this By-law, no Dwelling shall be Erected within
the Municipality with a Minimum Gross Floor Area less than the regulations listed below
Table A.
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SECTION 5 - AGRICULTURAL 1 (A1) ZONE
5.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Agricultural 1 (A1) Zone except
for one or more of the following Uses:
a)
Agriculture, including one (1) Farm Dwelling;
Commercial Greenhouse
Conservation
Forestry
Nursery
Transmission Tower
b)
Existing Cemetery
Group Home - Type 1
Single Detached Dwelling
Modular Home
c)
Buildings, Structures and Uses Accessory to a Permitted Use, including but not limited
to:
Agri-Tourism Use, subject to Section 3.10.4
Bed and Breakfast Establishment
Day Nursery
Home Occupation, subject to Section 3.10.2
Kennel
Value Added Industry, subject to Section 3.10.3
5.2
MINIMUM DISTANCE SEPARATION
a)
No new Dwelling or non-Agricultural Use, Building or Structure (including development
on Existing Lots) is Permitted closer to a Livestock Facility on a separate Lot than the
MDS I Setback calculated using Appendix "A" to this By-law.
b)
No new Livestock Facility or Livestock Facility addition or reconstruction is Permitted
closer to a Dwelling on a separate Lot, a Lot Line, or a non-Agricultural Use, Building or
Structure on a separate Lot, than the respective distances calculated using the MDS II
formula found in Appendix "A" to this By-law.
c)
Application of subsections a) and b) shall be in accordance with the Minimum Distance
Separation (MDS) Implementation Guidelines published by the Ontario Ministry of
Agriculture, Food and Rural Affairs as updated from time to time, subject to the specific
provisions of this By-law and Appendix "A" to the By-law and including the following:
i)
An Existing Dwelling may be replaced, despite not complying with subsection a),
provided that the Existing separation is not further reduced.
ii)
A Livestock Facility destroyed by fire or natural disaster may be replaced to the
same general location, despite not meeting MDS II, provided the existing
separation is not further reduced and the Factors A, B and D for the new
Livestock Facility are no greater than those of the previous Livestock Facility.
iii)
A new non-Agricultural Lot, whether or not containing a Dwelling, shall comply
with subsection a), even for Livestock Facilities already located on a separate
Lot.
iv)
Subsection a) shall not apply where 4 or more non-Agricultural Uses are already
closer to the Livestock Facility than the Use under consideration and where the
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Use under consideration is also closer to the same 4 or more non-Agricultural
Uses than it is to the Livestock Facility.
v)
Cemeteries located in an Agricultural Zone shall be considered a Type A land
Use for the purposes of MDS II.
vi)
MDS I and MDS II shall not apply to Buildings or Structures Accessory to a
Dwelling or Buildings or Structures 10 square metres or less in Ground Floor
Area.
vii)
The required MDS I from an anaerobic digester or an associated co-substrate
input tank shall be 125 metres.
viii)
The required MDS II for an anaerobic digester or an associated co-substrate
input tank shall be 125 metres from a Type A Land Use, 250 metres from a Type
B Land Use, 13m from an Interior Side Lot Line or Rear Lot Line and 25 metres
from a Front or Exterior Side Lot Line.
ix)
Even if no building permit is required, MDS II shall apply to the conversion of any
non-Livestock Building or Structure greater than 10 square metres in Ground
Floor Area to use as a Livestock Facility.
x)
Where no building permit is required, Existing Livestock Facilities may be
converted for use for a type of Livestock for which the Building was not
previously used, designed or suited, despite not complying with MDS II, provided
there is no increase in non-compliance through a resultant MDS II that is greater
than that of the previous Use.
xi)
The capacity of Manure Storages that hold manure produced by Livestock not
located on the Lot or "digestate" produced from an anaerobic digester shall be
considered in determining the required MDS I and MDS II.
xii)
Calculations made using the most current MDS computer software provided by
the Ministry of Agriculture, Food and Rural Affairs shall be considered equivalent
to calculations made using Appendix "A".
xiii)
For the purposes of Section 5.2 and the application of MDS, Type A Land Uses
and Type B Land Uses, as defined in Section 2, are non-Agricultural Uses.
5.3
AGRICULTURAL 1 (A1) SPECIAL PROVISIONS
Concession 7, W ½ Part Lot 15
a)
Despite Section 5.2, the Minimum Distance Separation for the dwelling on lands
described as Concession 7, W ½ Pt Lot 15 shall be 180 metres.
Kennels
b)
A minimum separation of 250 metres shall be maintained between Kennels and between
Kennels and adjacent Residential, Open Space and Institutional Uses.
7601 Fansher Road
c)
Despite Section 5.1b) Table A, the minimum lot area for lands described as Pt. Lot 9,
Concession 7 (known municipally as 7601 Fansher Road) shall be 0.4 hectares.
d)
617 Robinson Road
For the Residential Lot permitted by consent application B-01/14 within Concession 3,
Lot 17, former Township of Dawn, known municipally as 617 Robinson Road, the
minimum required Lot Area shall be 0.49 hectares notwithstanding Table A and the
minimum Required Rear Yard for an Existing Accessory Building shall be 1.8 metres
notwithstanding Table A. (B/L 60/2014)
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5.3.4 5582 Bentpath Line
For the Residential Lot permitted by consent application B-005/14 within the West Half of
Lot 27, Concession 12, former Township of Dawn, known municipally as 5582 Bentpath
Line, the minimum Required Rear Yard for an Existing Accessory Building shall be 2
metres notwithstanding Table A. (B/L 25 of 2015)
5.4
AGRICULTURAL 1 (A1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A1 Zones. If
a regulation or Use is not specified the list of Permitted Uses in Section 5.1 and/or the
regulations of Table A shall apply.
5.4.1 AGRICULTURAL 1(1) A1(1) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Agricultural Processing Establishment
5.4.2 AGRICULTURAL 1(2) A1(2) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Building or Contracting Establishment
5.4.3 AGRICULTURAL 1(3) A1(3) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Motor Vehicle Sales Establishment
5.4.4 AGRICULTURAL 1(4) A1(4) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Metal Fabricating Establishment
5.4.5 AGRICULTURAL 1(5) A1(5) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the A1 Zone
ii)
Any Use Permitted in the EP-H Zone
iii)
Recreational and Commercial Uses consistent with the existing licensing from
the appropriate provincial authorities.
iv)
An Existing Gun Shop on part of the East ½ of Lot 27, Concession 3, located,
westerly 320 metres of the half Lot Line of Lot 27, Concession 3, on lands having
dimensions of 45.7 metres in width by 30 metres in depth, in the former
Township of Euphemia, and identified by the municipal address of 1279 Dobbyn
Road.
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Regulations
b)
Notwithstanding the Parking provisions of this By-law, a minimum of six (6) Parking
Spaces are required.
Site Plan
c)
At the discretion of the Municipality, development may require a site plan agreement to
the satisfaction of the Municipality and in accordance with Provincial and Federal
Government requirements.
5.4.6 AGRICULTURAL 1(6) A1(6) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Pet Cemetery
5.4.7 AGRICULTURAL 1(7) A1(7) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Agricultural Supply Establishment
5.4.8 AGRICULTURAL 1(8) A1(8) ZONE
Notwithstanding any provisions on Table A to the contrary, for those lands zoned A1(8), the
addition of a Motor Vehicle Compound Establishment shall be added to the Permitted Uses in
the A1 Zone. The provisions and setbacks of the A1 Zone shall apply to the lands zoned A1(8).
5.4.9 AGRICULTURAL 1(9) A1(9) ZONE
Notwithstanding any provisions on Table A to the contrary, for those lands zoned A1(9), the
addition of a Motor Vehicle Repair/Inspection Establishment shall be added to the Permitted
Uses in the A1 Zone. The provisions and setbacks of the A1 Zone shall apply to the lands
zoned A1(9).
5.4.10 AGRICULTURAL 1(10) A1(10) ZONE
Notwithstanding any provisions on Table A to the contrary, for those lands zoned A1(10), the
addition of a Poultry Processing Establishment shall be added to the Permitted Uses in the A1
Zone. The provisions and setbacks of the A1 Zone shall apply to the lands zoned A1(10).
5.4.11 AGRICULTURAL 1(11) A1(11) ZONE
Permitted Uses
a)
An Agricultural-Industrial Brine Processing and Storage Use for the transfer and
processing of liquid brine and on-sight storage on Part of Lot 12, Con 12, in the
Township of Dawn-Euphemia (municipally known as 1409 Cuthbert Road) as specified
and approved by Certificate of Approval No. 9440-8RYL4N issued by the Ministry of
Environment on May 25, 2012
b)
A Commercial Contractors Yard
c)
Agriculture, and
d)
Buildings, Structures and Uses Accessory to a Permitted Use
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5.4.12 AGRICULTURAL 1(12) A1(12) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
A brine storage facility
5.4.13 AGRICULTURAL 1(13) A1(13) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
intermittent farm equipment auctions
5.4.14 AGRICULTURAL 1(14) A1(14) ZONE
Permitted Uses
a)
Any Use Permitted in the A1 Zone
b)
Existing Church
Special Provisions
c)
Conversion of an Existing Church or Lot which contained an Existing Church for Use for
a Single Detached Dwelling shall be Permitted provided:
i)
there is no continued Institutional Use on the Lot;
ii)
the Erection of a Single Detached Dwelling, any Accessory Buildings, or
Additions to an Existing Building converted to a Single Detached Dwelling shall
comply with the provisions applicable to Single Detached Dwellings in the
Agricultural 1 (A1) Zone;
iii)
a record of site conditions has been filed pursuant to Ontario Regulation 153/04
under the Environmental Protection Act; and
iv)
any permits required under the Ontario Building Code for a change of use have
been obtained.
d)
For an Existing Church or Existing Church that has been converted into a Single
Detached Dwelling, the Sight Triangle provisions in Section 3.18.2 shall not apply and
the Minimum Required Front Yard and Minimum Required Exterior Side Yard shall be
the Yard specified in Table A or the Existing Yard, whichever is the lesser.
5.4.15 AGRICULTURAL 1(15) A1(15) ZONE (B/L 20 of 2017)
Special Provisions
a)
Any Use Permitted in the A1 Zone shall be Permitted within the A1(15) Zone. However,
in recognition of a former manufacturing use, no Dwelling and no Agricultural Use
involving the production, handling, storage, or housing of food products or Livestock
shall be Permitted until a Record of Site Conditions stating such Use is permissible is
registered pursuant to Special Provisions under the Environmental Protection Act.
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5.4.16 AGRICULTURAL 1(16) A1(16) ZONE (B/L 27 of 2019)
Special Provisions
Notwithstanding any provisions to the contrary, the following provisions shall apply to the lands
municipally known as Concession 2, West Part Lot 32, West ½ Lot 32 (1928 Dawn Valley
Road):
a) No livestock facilities shall be permitted on the subject parcel and further that no existing
structures shall have legal non-conforming status as livestock facilities.
5.4.17 AGRICULTURAL 1(17) A1(17) ZONE (B/L 8 of 2022)
Special Provisions
Notwithstanding any provisions to the contrary, the following provisions shall apply to the lands
municipally known as Concession 5, Part Lot 26, East ½ Lot 26 (1411 Tramway Road):
a) That the existing Agricultural building shall be limited in use to rural residential accessory
uses.
5.4.18 AGRICULTURAL 1(18) A1(18) ZONE (B/L 18 of 2022)
Special Provisions
Notwithstanding any provisions to the contrary, the following provision shall apply to the lands
municipally known as Concession 3, West Part Lot 28, West ½ Lot 28 (1562 Inwood):
a) That the permitted property frontage is 20 metres.
5.4.19 AGRICULTURAL 1(19) A1(19) ZONE (B/L 5 of 2023)
Notwithstanding any provisions on Table "A" to the contrary, for those lands zoned A1 (19), the
addition of an Outdoor Event Venue shall be added to the permitted uses in the A.1 Zone. The
provisions and setbacks of the A.1 Zone shall apply to the lands zoned A1 (19).
5.4.20 AGRICULTURAL 1(20) A1(20) ZONE (B/L 27 of 2024)
Notwithstanding any provisions on Table "A" to the contrary, for those lands zoned A1(20), the
addition of "Organic Farm Operation" shall be added to the Permitted Uses within the A.1 Zone.
The provisions and setbacks of the A.1 Zone shall apply to the lands zoned A1(20) with the
added Special Provision that no livestock facilities shall be permitted and further no existing
structures shall have legal non-conforming status as livestock facilities as per the conditions of
Consent application B009/24.
5.5
AGRICULTURAL 1 (A1) TEMPORARY USE (T) ZONES
Within Agricultural 1 Temporary Use (A1-T) Zones, the list of Permitted Uses and regulations of
the standard A1 Zone shall apply unless specified otherwise.
5.5.1 AGRICULTURAL 1 TEMPORARY USE 1 (A1-T1) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the A1 Zone
ii)
A Mobile Home, Single Wide
iii)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations - Mobile Home
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b)
A Mobile Home, Single Wide and Single Detached Dwelling shall be Permitted on the
same Lot at the same time.
c)
A Mobile Home, Single Wide shall be subject to the same zone provisions as a Single
Detached Dwelling.
By-law Expiration
d)
Section 5.5.1 shall apply until February 3, 2017, after which date it shall be deleted from
this By-law and the T1 suffix shall be deleted from Schedule "A" without further
amendment or notice, and provisions of the A1 Zone shall apply thereafter.
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SECTION 6 - AGRICULTURAL - NO FARM DWELING (A-NFD) ZONE
6.1
PROHIBITED USES
a)
A Dwelling
6.2
PERMITTED USES
a)
Any Use Permitted in the A1 Zone excluding Dwellings
b)
Buildings, Structures and Uses Accessory to a Permitted Use
6.3
SITE AND BUILDING REGULATIONS
a)
Site and Building regulations shall be the same as the A1 Zone
6.4
AGRICULTURAL - NFD (A-NFD) SPECIAL PROVISIONS
a)
Notwithstanding Table A, the minimum Lot Area of 19.4 hectares shall be Permitted on
the lands described as Concession 3, West ½ of East ½ of Lot 16, Being Part 1 on
Reference Plan 25R-9050.
b)
Notwithstanding Table A, the minimum Lot Area of 26.38 hectares shall be Permitted on
the lands described as Concession 4, Part Lot 11, Part Lot 12, NW ¼ Lot 11, S Part
West ½ Lot 12.
c)
Notwithstanding Table A, the minimum Lot Area of 19.4 hectares shall be Permitted on
the lands described as Concession 3, Southeast ¼ Lot 17, in the former Township of
Dawn. (B/L 60/2014)
6.5
AGRICULTURAL - NO FARM DWELLING (A-NFD) ZONE EXCEPTIONS
(B/L 57/2015)
The following Zones apply to unique or existing situations and are not the standard A-NFD
Zones. Except where the zone regulations specify to the contrary, Sections 6.1, 6.2, and 6.3
shall apply.
6.5.1 AGRICULTURAL - NO FARM DWELLING (1) A-NFD(1) ZONE (B/L 57/2015)
Prohibited Uses
a)
A Dwelling
b)
Livestock and Livestock Facilities other than a Hobby Farm
Permitted Uses
c)
Any Use Permitted in the A2 Zone, excluding Dwellings
Site and Building Regulations
d)
Site and Building regulations shall be the same as in the A2 Zone
6.5.2 AGRICULTURAL - NO FARM DWELLING (2) A-NFD(2) ZONE (B/L 18 of 2024)
Notwithstanding any provisions to the contrary, the following provisions shall apply to the lands
municipally known as Dawn Concession 1, Part Lot 24 (1272 Mandaumin Road):
a)
No livestock facilities shall be permitted on the subject parcel and further that no existing
structures shall have legal non-conforming status as livestock facilities.
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SECTION 7 - AGRICULTURAL 2 (A2) ZONE
7.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Agricultural 2 (A2) Zone except
for one or more of the following Uses:
a)
Agriculture, including one (1) Farm Dwelling, but excluding Livestock and Livestock
Facilities other than Hobby Farms
Commercial Greenhouse
Conservation
Forestry
Hobby Farm
Transmission Tower
b)
Existing Cemetery
Group Home - Type 1
Single Detached Dwelling
Modular Home
c)
Buildings, Structures and Uses Accessory to a Permitted Use, including but not limited
to:
Agri-Tourism Use, subject to Section 3.10.4
Bed and Breakfast Establishment
Day Nursery
Home Occupation, subject to Section 3.10.2
Value Added Industry, subject to Section 3.10.3
7.2
MINIMUM DISTANCE SEPARATION
a)
All Buildings, Structures and Uses Erected or established in the A2 Zone shall comply
with the separation requirements of Section 5.2.
b)
Expansion of Existing Livestock Facilities shall not be permitted, with the exception of a
Hobby Farm provided the Hobby Farm remains within the size limits by which a Hobby
Farm is defined.
7.3
AGRICULTURAL 2 (A2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 7.1 and/or the
regulations of Table A shall apply.
7.3.1 AGRICULTURAL 2(1) A2(1) ZONE
Permitted Uses
a)
Any Use Permitted in the A2 Zone
b)
Existing Stock Yard
7.3.2 AGRICULTURAL 2(2) A2(2) ZONE
Permitted Uses
a)
Any Use Permitted in the A2 Zone
b)
Intermittent farm equipment auctions
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7.3.3 AGRICULTURAL 2(3) A2(3) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the A2 Zone shall be Permitted on a Lot in the A2(3) Zone
ii)
Existing Church
Special Provisions
c)
Conversion of an Existing Church or Lot which contained an Existing Church for Use for
a Single Detached Dwelling shall be Permitted provided:
i)
there is no continued Institutional Use on the Lot;
ii)
the Erection of a Single Detached Dwelling, any Accessory Buildings, or
Additions to an Existing Building converted to a Single Detached Dwelling shall
comply with the provisions applicable to Single Detached Dwellings in the
Agricultural 2 (A2) Zone;
iii)
a record of site conditions has been filed pursuant to Ontario Regulation 153/04
under the Environmental Protection Act; and
iv)
any permits required under the Ontario Building Code for a change of use have
been obtained.
d)
For an Existing Church or Existing Church that has been converted into a Single
Detached Dwelling, the Sight Triangle provisions in Section 3.18.2 shall not apply and
the Minimum Required Front Yard and Minimum Required Exterior Side Yard shall be
the Yard specified in Table A or the Existing Yard, whichever is the lesser.
7.3.4 AGRICULTURAL 2(4) A2(4) (B/L 20 of 2024)
The minimum lot size for CON 7, PT LOT 15 (481 Dawn Mills Road) shall be 17
hectares (42 acres).
In all other respects, the provisions of Section 7 shall apply.
7.4
SPECIAL PROVISIONS
a)
Notwithstanding Table A, the minimum Lot size on the following Lot shall be as
indicated:
i)
17.56 hectares Lot Area and 45 metres Lot Frontage at Concession 7, Part Lot
15 (former Dawn Township)
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SECTION 8 - RESIDENTIAL 4 (R4) ZONE
8.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Residential 4 (R4) Zone except
for one or more of the following Uses:
a)
Single Detached Dwelling
Group Home-Type 1
Converted Dwelling
Semi-Detached Dwelling
Duplex Dwelling
b)
Buildings, Structures and Uses Accessory to a Permitted Use, including but not limited
to:
Bed and Breakfast Establishment
Day Nursery
Home Occupation, subject to Section 3.10.1
8.2
HOLDING ZONES
8.3
RESIDENTIAL 4 (R4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R4 Zone. If
a regulation or Use is not specified, the list of Permitted Uses in Section 8.1 and/or the
regulations of Table A shall apply.
8.3.1 RESIDENTIAL 4(1) R4(1) ZONE
Permitted Uses
a)
Any Use Permitted in the R4 Zone
b)
Existing Machine Shop
c)
Buildings, Structures and Uses Accessory to a Permitted Use.
8.3.2 RESIDENTIAL 4(2) R4(2) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the R4 Zone
ii)
Garden Centre
iii)
Buildings, Structures and Uses Accessory to a Permitted Use.
b)
Regulations
i)
Lot Area:
0.8 hectares minimum
ii)
Lot Frontage:
45 metres minimum
iii)
Side Yard Width:
15 metres minimum for an Exterior Side
Yard; 3 metres minimum for an Interior
Side Yard provided however, that where
an Interior Side Yard abuts any
Residential, Institutional or Open Space
Zone, the minimum Interior Side Yard
Width shall be 7.5 metres.
iv)
Front Yard Depth:
15 metres minimum
v)
Rear Yard Depth:
7.5 metres minimum
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vi)
Lot Coverage:
30% maximum
vii)
Landscaped Open Space:
30% minimum
viii)
Height:
10 metres maximum; 4.5 metres for an
Accessory Structure
ix)
Open Storage/
There shall be no Open Storage or
Outdoor
x)
Outdoor Display:
Display of materials, containers or finished
products in the Front Yard, Interior Side
Yard, or Exterior Side Yard. Open Storage
or Outdoor Display in the Rear Yard may
be permitted provided the area is
screened.
xi)
Signage:
One (1) permanent, non-illuminated Sign
having a maximum area of 2 square
metres displaying the name and address
of the Garden Centre and one (1)
portable, temporary, non-illuminated sign
shall be Permitted in accordance with
Section 3.20 a) of this By-law.
8.3.3 RESIDENTIAL 4(3) R4(3) ZONE
Despite Section 8.1 a) Table A, the minimum lot area for lands described as Part of Lot 16,
Concession 1 (municipally known as 6225 Fansher Road) shall be 0.63 hectares.
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SECTION 9 - RESIDENTIAL 5 (R5) ZONE
9.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Residential 5 (R5) Zone except
for one or more of the following Uses:
a)
Single Detached Dwelling
Group Home-Type 1
Converted Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Street Townhouse Dwelling
Multiple Dwelling
b)
Buildings, Structures and Uses Accessory to a Permitted Use, including but not limited
to:
Bed and Breakfast Establishment, subject to Section 3.10.1
Home Occupations, subject to Section 3.10.1
9.2
Site Regulations - Townhouse Dwelling
a)
Minimum Frontage:
30 metres minimum
b)
Minimum Area:
280 square metres minimum per Dwelling
Unit
c)
Lot Coverage:
40% maximum
d)
Front Yard:
6 metres minimum
e)
Interior Side Yard:
3 metres minimum or 0 metres when
attached to another Townhouse Dwelling
Unit on the opposite side of the Lot Line.
f)
Exterior Side Yard:
7 metres minimum
g)
Rear Yard:
7 metres minimum
h)
Building Height:
12 metres maximum
i)
Open Space:
30 % minimum landscaped open space
9.3
Site Regulations - Multiple Dwelling
a)
Minimum Frontage:
30 metres minimum
b)
Minimum Area:
200 square metres minimum per Dwelling
Unit
c)
Lot Coverage:
40% maximum
d)
Front Yard:
6 metres minimum
e)
Interior Side Yard:
4.5 metres minimum
f)
Exterior Side Yard:
7 metres minimum
g)
Rear Yard:
7 metres minimum
h)
Building Height:
12 metres maximum
i)
Open Space:
30 % minimum landscaped open space
9.4
Site Regulations - Other Permitted Uses
Permitted uses other than a Townhouse or Multiple Dwelling shall comply with the Zone
Regulations of the R4 Zone that are applicable to the appropriate Permitted Use category.
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SECTION 10 - COMMERCIAL (C1) ZONE
10.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Commercial (C1) Zone except for
one or more of the following Uses:
a)
Amusement Games Establishment
Art Gallery
Assembly Hall
Auditorium
Bake Shop
Bank
Bed and Breakfast Establishment
Boarding House
Brewing on Premises Establishment
Building Supply Establishment
Church
Clinic
Commercial Recreation Establishment
Commercial Storage
Commercial Use
Convenience Stores
Day Nursery
Dry Cleaning Depot
Farmers Market
Funeral Home
Gas Bar
Gift Shop
Health/Recreational Facility
Home Occupation
Hotel
Institutional Use
Laundromat
Marine Sales and Service Establishment
Motel
Motor Vehicle Repair Establishment
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Motor Vehicle Washing Establishment
Office
Park
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Restaurant, Drive-In
Restaurant
Retail Store
Retail Warehouse
School
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Service and Repair Shop
Shopping Centre
Tavern
Theatre
Travel Trailer Sales Establishment
b)
Accessory Dwellings Units located above and/or behind a Permitted Commercial Use
and Attached to the commercial Building
c)
Existing Single Detached Dwellings, in compliance with the provisions of the R4 Zone
d)
Existing Agricultural Implement Sales Establishment
e)
Buildings, Structures and Uses Accessory to a Permitted Use
10.2
REGULATIONS FOR ACCESSORY DWELLING UNITS
Minimum Floor Area:
i)
bachelor
42.0 square metres
ii)
one bedroom
45.0 square metres
iii)
two bedrooms
55.0 square metres
iv)
three bedrooms
70.0 square metres
10.3
REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS
Notwithstanding any other previous provisions of this By-law, where a Lot in the Commercial
(C1) Zone is used for a Motor Vehicle Service Establishment, the following regulations shall
apply:
a)
Minimum Lot Frontage:
Interior Lot
45.0 metres
Corner Lot
55.0 metres
b)
Minimum Lot Depth shall be 40.0 metres.
c)
No portion of any Gasoline Pump Island on a service station shall be located closer than
six (6.0) metres from the Street Line of any Street.
d)
The minimum distance from the intersection of two Street Lines to the nearest ingress or
egress ramp shall not be less than nine (9.0) metres, or in the case of the intersection of
two arterial Streets, the minimum distance shall not be less than fifteen (15.0) metres.
e)
The minimum distance from any portion of any ingress or egress ramp to any Interior
Side Lot Line which abuts any other Lot shall not be less than three (3.0) metres.
f)
The width of any ingress or egress ramp along any Street Line shall not be more than
nine (9.0) metres or less than seven and one-half (7.5) metres.
g)
The minimum distance between ramps shall not be less than nine (9.0) metres.
h)
The minimum interior angle of any ramp to the Street Line shall be greater than sixty
degrees (60o).
i)
All parts of the ingress and egress ramps shall be maintained with a cement, or asphaltic
binder or any other type of permanent surfacing to prevent the raising of dust or loose
particles.
j)
Land which is not used for Buildings, ramps or paving shall be landscaped in lawn, trees
or shrubs and maintained in a healthy growing condition and be neat and clean in
appearance.
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10.4
HOLDING ZONES
10.5
COMMERCIAL (C1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C1 Zone. If
a regulation or Use is not specified, the list of Permitted Uses in Section 10.1 and/or the
regulations of Table A shall apply.
10.5.1 COMMERCIAL (C1)1 C1(1) ZONE
Permitted Uses
a)
Any Use Permitted in the C1 Zone
b)
A Dwelling Unit within the Existing Main Building as said Building lawfully existed on the
date of passing of this By-law, subject to the provisions of Section 10.2.
10.5.2 COMMERCIAL (C1)2 C1(2) ZONE (B/L 29 of 2015)
Permitted Uses
a)
Any Use Permitted in the C1 Zone;
b)
A Single Detached Dwelling
c)
Buildings, Structures, and Uses Accessory to a Permitted Use
Special Provisions
d)
A Single Detached Dwelling and Buildings, Structures, and Uses Accessory thereto shall
be subject to those provisions applicable to such Uses in the R4 Zone with the exception
that the minimum Required Interior Side, Exterior Side, and Front Yards shall be 0
metres for a Single Detached Dwelling, and the provisions of Section 3.18.2 shall not
apply.
e)
Accessory Dwelling Units may be permitted as per Section 10.1 b) even in the absence
of a Commercial Use.
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SECTION 11 - RURAL COMMERCIAL (C3) ZONE
11.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Rural Commercial (C3) Zone
except for one or more of the following Uses:
a)
Abattoir
Agricultural Implement Sales Establishment
Agricultural Service Establishment
Agricultural Supply Establishment
Animal Hospital
Auction Hall
Farmers Market
Flea Market
Garden Centre
Grain Elevator
Stock Yard
b)
Existing Single Detached Dwellings, subject to the provisions applicable to Dwellings in
the Agriculture 1 (A1) Zone
c)
Buildings, Structures and Uses Accessory to a Permitted Use
11.2
HOLDING ZONES
11.3
RURAL COMMERCIAL (C3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C3 Zone. If
a regulation or use is not specified, the list of Permitted Uses in Section 11.1 and/or the
regulations of Table A shall apply.
11.3.1 RURAL COMMERCIAL 3(1) C3(1) ZONE
Special Zone Provisions
a)
In addition to the uses permitted under Section 11.1 of this By-law, on the lands
described as Con. 5, Part Lot 25, W ½ Lot 25, School Lot (known as 6997 Bentpath
Line), two dwellings are permitted within the main existing structure as it lawfully existed
on the date of passing of By-law 25 of 2002. Said dwelling will be subject to the
provisions of Section 11.1 Table A.
b)
Despite provisions of Section 5.2 the minimum distance separation on said lot shall be
90 metres.
c)
Open Storage shall be a Permitted Use.
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SECTION 12 - INDUSTRIAL (M1) ZONE
12.1
PERMITTED USES
No land, Building, or Structure shall be used or Erected in any Industrial (M1) Zone except for
one or more of the following Uses:
a)
Agricultural Service Establishment
Agricultural Supply Establishment
Auction Hall
Building or Contracting Establishment
Bulk Fuel Depot
Gas Compressor Station
General Industrial Use that is a Dry Industrial Use
Grain Elevator
Light Industrial Use that is a Dry Industrial Use
Open Storage
Parking Lot
Public Garage
Warehouse
b)
Buildings, Structures and Uses Accessory to a Permitted Use
12.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a General Industrial (M1) Zone abuts
a railway Right-of-Way, no Yard shall be required.
12.3
HOLDING ZONES
12.4
INDUSTRIAL (M1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M1 Zones. If
a regulation or Use is not specified, the list of Permitted Uses in Section 12.1 and/or the
regulations of Table A shall apply.
12.4.1 INDUSTRIAL (M1)1 M1(1) ZONE deleted by B/L 20 of 2017
12.4.2 INDUSTRIAL (M1)2 M1(2) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the M1 Zone;
ii)
Open Storage of pipe as per a site plan agreement to the satisfaction of the
Municipality.
b)
Site Regulations
i)
Front Yard Depth
10 metres minimum
ii)
Side Yard Width
10 metres minimum
ii)
Rear Yard Depth
10 metres minimum
12.4.3 INDUSTRIAL (M1)3 M1(3) ZONE
a)
Permitted Uses
i)
Open Storage or indoor storage of pipe or other materials incidental to a Gas
Compressor Station, not necessarily located on the same Lot
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ii)
Small scale activities associated with and Accessory to the operation and
maintenance of a Gas Compressor Station, not necessarily located on the same
Lot
b)
Site Regulations
i)
Lot Coverage
30 percent maximum
Special Provisions
c)
The Existing Setback shall be the Required Setback for any portion of an Existing
Building located within a Minimum Required Yard. Any addition shall not Further
Contravene the Setback.
d)
Open Storage shall be a Permitted Use only where a site plan agreement with the
Municipality is in effect pursuant to Section 41 of the Planning Act, R.S.O. 1990.
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SECTION 13- INDUSTRIAL WASTE DISPOSAL (M3) ZONE
13.1
PERMITTED USES
No land, Building, or Structure shall be used or Erected in any Industrial Waste Disposal (M3)
Zone except for one or more of the following Uses:
a)
Waste Disposal Site for non-hazardous, solid wastes
b)
Buildings, Structures and Uses Accessory to a Permitted Use.
13.2
INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS
The following Zones apply to unique or Existing situations and are not the standard M3 Zone. If
a regulation or Use is not specified, the list of Permitted Uses in Section 13.1 and/or the
regulations of Table A shall apply.
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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SECTION 14 - INSTITUTIONAL (I) ZONE
14.1
PERMITTED USES
No land, Building, or Structure shall be used or Erected in any Institutional (I) Zone except for
one or more of the following Uses:
a)
Cemetery
Church
Day Nursery
Institutional Use
Nursing Home or Rest Home
School
b)
Buildings, Structures and Uses Accessory to a Permitted Use
14.2
HOLDING ZONES
14.3
INSTITUTIONAL (I) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard I Zone. If a
regulation or use is not specified, the list of Permitted Uses in Section 14.1 and/or the
regulations of Table A shall apply.
14.3.1 INSTITUTIONAL (I)1 I(1) ZONE
a)
Permitted Uses
i)
Any Use Permitted in the I Zone shall be Permitted on a Lot in the I(1) Zone
ii)
One Single Detached Dwelling shall be Permitted on a Lot in the I(1) Zone
Special Provisions
b)
Conversion of an Existing Building or Lot from Institutional Use to a Single Detached
Dwelling shall be Permitted provided:
i)
there is no continued Institutional Use on the Lot;
ii)
the Erection of a Single Detached Dwelling, any Accessory Buildings, or
Additions to an Existing Building converted to a Single Detached Dwelling shall
comply with the provisions applicable to Single Detached Dwellings in the
Residential 4 (R4) Zone;
iii)
a record of site conditions has been filed pursuant to Ontario Regulation 153/04
under the Environmental Protection Act; and
iv)
any permits required under the Ontario Building Code for a change of use have
been obtained.
14.3.2 INSTITUTIONAL (I)2 ZONE (B/L 34 OF 2022)
Special Provisions
Notwithstanding any provisions to the contrary, the following provisions shall apply to the
lands municipally known as Concession 2, Part Lot 21, Township of Dawn-Euphemia
(6225 Bilton Line):
a)
Minimum Lot frontage of 32.18 metres
b)
Proposed Development Area of 0.35 hectares as indicated in Schedule "A"
c)
Minimum Parking Space requirement of 2 spaces.
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
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SECTION 15 - PASSIVE OPEN SPACE 1 (OS1) ZONE REGULATIONS
15.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Passive Open Space 1 (OS1)
Zone except for one or more of the following Uses:
a)
Conservation
Forestry
Passive Recreation
Public Park
b)
Buildings, Structures and Uses Accessory to a Permitted Use
15.2
PASSIVE OPEN SPACE 1 (OS1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS1 Zone. If
a regulation or use is not specified, the list of Permitted Uses in Section 15.1 and/or the
regulations of Table A shall apply.
Corporation of the Township of Dawn-Euphemia
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SECTION 16 - ACTIVE OPEN SPACE 2 (OS2) ZONE REGULATIONS
16.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Active Open Space 2 (OS2) Zone
except for one or more of the following Uses:
a)
Active Recreation
Campground
Community Centre
Conservation
Forestry
Golf Course
Golf Driving Tee or Range
Passive Recreation
Public Park
b)
Buildings, Structures and Uses Accessory to a Permitted Use
16.2
ACTIVE OPEN SPACE 2 (OS2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS2 Zone. If
a regulation or Use is not specified, the list of Permitted Uses in Section 16.1 and/or the
regulations of Table A shall apply.
Corporation of the Township of Dawn-Euphemia
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SECTION 17 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE
17.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Environmental Protection -
Wetland (EP-WET) Zone except for one or more of the following Uses:
a)
An Agricultural Use, exclusive of Buildings and Structures
Passive Recreation, exclusive of Buildings and Structures
Conservation, exclusive of Buildings and Structures
17.2
ENVIRONMENTAL PROTECTION - WETLAND (EP-WET) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-WET
Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 17.1 and/or
the regulations of Table A shall apply.
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SECTION 18 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE
18.1
PERMITTED USES (B/L 29 of 2015)
No land, Building, or Structure shall be used or erected in any Environmental Protection
Woodlot (EP-WD) Zone except for one or more of the following Uses:
a)
An Agricultural Use, exclusive of Buildings and Structures
Forestry, exclusive of Buildings and Structures
Passive Recreation, exclusive of Buildings and Structures
Conservation, exclusive of Buildings and Structures
b)
Existing Single Detached Dwellings, where the EP-WD does not have an EP-WET Zone
contained within its boundary
c)
Buildings, Structures and Uses Acessory to a Dwelling Permitted under Section 18.1 b)
or 18.2 b) and located within the same EP-WD Zone.
18.2
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE SPECIAL
PROVISIONS (B/L 29 of 2015)
a)
Single Detached Dwellings and Accessory Uses, where Permitted, shall comply with the
provisions of the "Agricultural 1 (A1) Zone".
b)
Complete or partial Replacement or Alteration of an Existing Single Detached Dwelling,
shall be Permitted provided the location of such new Building and any associated
excavations and site alteration activities are entirely contained to an area that has been
clear of undergrowth and continuously maintained as the Existing Dwelling's yard since
the day this By-law was passed.
c)
Where Permitted, new Buildings, Structures, and Uses Accessory to a Dwelling shall be
entirely contained to an area that has been clear of undergrowth and continuously
maintained as the Existing Dwelling's yard since the day this By-law was passed.
18.3
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-WD
Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 18.1 and/or
the regulations of Table A shall apply.
18.3.1 ENVIRONMENTAL PROTECTION - WOODLOT EP-WD (1) ZONE
Permitted Uses
a)
Any Use Permitted in the EP-WD Zone
b)
Any Use Permitted in the M3 Zone consistent with the existing certificate of approval.
c)
Buildings, Structures and Uses Accessory to a Permitted Use.
Corporation of the Township of Dawn-Euphemia
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SECTION 19 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE
19.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Environmental Protection -
Hazard (EP-H) Zone except for one or more of the following uses:
a)
An Agricultural Use, exclusive of Buildings and Structures
Active Recreation, exclusive of Buildings and Structures
Passive Recreation, exclusive of Buildings and Structures
b)
Buildings and Structures required for the safety of Persons living in or adjacent to the
Environmental Protection - Hazard (EP-H) Zone.
19.2 ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-H Zone.
If a regulation or use is not specified, the list of Permitted Uses in Section 19.1 and/or the
regulations of Table A shall apply.
19.3
ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE SPECIAL PROVISIONS
a)
The "Environmental Protection - Hazard (EP-H) Zone" shall be deemed to correspond
with the limits of those lands formerly regulated by the "Fill, Construction, and Alteration"
Regulation passed pursuant to the Conservation Authorities Act, R.S.O. 1990, Chap.
C.27, as amended. The EP-H Zone is layered with and shall take precedence over any
other Zone designations shown on Schedule "A" and its part maps, except where the
requirements of Ontario Regulation 171/06 under the Conservation Authorities Act are
met as determined by the Conservation Authority. Where a Use, Building, or Structure
complies with Regulation 171/06, the Use, Building, or Structure shall be Permitted if it
also complies with the provisions applicable in the Zone designation subordinate to and
underlying the EP-H Zone. For clarity, this provision shall not apply to Permit any Use,
Building, or Structure within lands shown as an EP-WET, EP-WD or EP-SNA Zone on
Schedule A or its part maps that does not comply with that Zone's provisions.
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SECTION 20 - ENVIRONMENTAL PROTECTION - SIGNIFICANT NATURAL AREA (EP-
SNA) ZONE
20.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in any Environmental Protection -
Significant Natural Area (EP-SNA) Zone except for one or more of the following Uses:
a)
An Agricultural Use, exclusive of Buildings and Structures
Passive Recreation, exclusive of Buildings and Structures
Conservation, exclusive of Buildings and Structures
Forestry, exclusive of Buildings and Structures
20.2
ENVIRONMENTAL PROTECTION - SIGNIFICANT NATRUAL AREA (EP-SNA) ZONE
EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard EP-SNA
Zone. If a regulation or Use is not specified, the list of Permitted Uses in Section 20.1 and/or
the regulations of Table A shall apply.
READ A FIRST AND SECOND TIME THIS ___ DAY OF ________, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS ___ DAY OF _________, 2014.
William Bilton, Mayor
Michael Schnare, Administrator-Clerk
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
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APPENDIX "A" - MINIMUM DISTANCE SEPARATION
Step
Animals Type or Material
& Description (T able 1)
Manure Form
(So lid o r Liquid)
Number/NU
(T able 1)
Maximum
Housing
Capacity
Nutrient
Units
Factor A
(T able 1)
Factor D
(T able 1)
1
2
Total Nutrient Unit Capacity on Lot
Total
3
Factor A (Odour Potential)
Weight Average by NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by NU (round to 2 decimal places)
5
Factor E (Encroaching Land Use - Table 4)
6
Potential Nutrient Units: Tillable Ha on Lot ____ x 7.5 = _____ (maximum 300)
7
8
Factor B (Nutrient Units Factor - Table 2)
(round to 2 decimal places)
9
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8)
(round up)
10
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Required Setback from livestock occupied portion of livestock facility = F (9)
______ m
Actual: _____ m
Required Setback from manure or material storage area = S (10)
______ m
Actual: _____ m
MINIMUM DISTANCE SEPARATION I CALCULATION FORM
Final NU: Greater of Total NU on Lot (2) and Potential NU (6)
(For expansion of a settlement area identified in the Official Plan, ignore Potential NU).
TYPE A LAND USES include Industrial (excluding M3 & M4) Zones, Rural Commercial (C3) Zones and Passive
Recreation Uses and/or Zones Permitting such Uses and shall also include retail and office areas associated with
a Nursery or Commercial Greenhouse. For the purposes of MDS I a dwelling or up to three new non-Agricultural
Lots are also Type A Land Uses. For the purposes of MDS II, Dwellings and Residential Uses not recognized as
Residential areas in the Township Official Plan, or Cemeteries located in an Agricultural Zone are also Type A Land
Uses.
TYPE B LAND USES include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or
Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more Dwelling Units,
expansion of a settlement area, more than three new non-Agricultural Lots, Zones for Residential Use, or a consent
that would result in four contiguous Residential Lots are also Type B Land Uses. For the purposes of MDS II,
Cemeteries not in an Agricultural Zone and areas specifically designated in the Township Official Plan as
Residential or settlement areas are also Type B Land Uses.
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-2 | P a g e
Step
Animals Type or Material
& Description
(T able 1)
Manure
Form
(So lid o r
Liquid)
Number
/NU
(T able 1)
Maximum
Housing
Capacity
3 Years
Ago (1)
NU 3
Years
Ago
(1)
Added
Maximum
Housing
Capacity
(1)
Added
NU
(1)
Final
NU
Factor
A
(T able 1)
Factor
D
(T able 1)
1
2
Total Nutrient Unit Capacity on Lot
Totals
3
Factor A (Odour Potential)
Weight Average by Added NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by Added NU (round to 2 decimal places)
5
Factor B (Nutrient Units Factor - Table 2 - based on Total Final NU)
(round to 2 decimal places)
6
Percentage Increase (%) = (Total Added NU / Total NU 3 Years Ago) x 100
7
Factor C (Orderly Expansion Factor - Table 3)
(round to max 4 decimal places)
8
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor B (5) x Factor C (7)
(round up)
9
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Factor
Actual
Setback
(m)
Type A Land Uses
1
Type B Land Uses
2
Interior Side or Rear Lot Line (max 30m)*
0.1
Exterior Side or Front Lot Line*
0.2
*Round to nearest whole number
MDS II SUMMARY
MINIMUM DISTANCE SEPARATION II CALCULATION FORM
(1) Any livestock facility capacity for which a building permit was issued less than 3 years prior to the current building
permit application submission date (and including the current building permit application) is to be considered
added capacity. Added capacity could be negative.
Required
Setback (m)
('F' x Factor)
Required
Setback (m)
('S' x Factor)
Actual Setback
(m)
Livestock Occupied Portion
Manure Storage
Base Distance S = ____ m
Base Distance F = ____ m
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
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Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Sows with litter, dry sows/boars
Segregated Early Weaning (SEW)
3.33
Sows with litter, dry sows or boars
(non-SEW)
3.5
Breeder gilts (entire barn designed
specifically for this purpose)
5
Weaners (7 kg -27 kg)
20
1 .1
Feeders (27 -105 kg)
6
1.2
Milking-age cows (dry or milking)
Large-framed; 545 kg - 636 kg (e.g.
Holsteins)
0.7
Medium-framed; 455 kg - 545 kg (e.g.
Guernseys)
0.85
Small-framed; 364 kg - 455 kg (e.g.
Jerseys)
1
Heifers (5 months to freshening)
Large-framed; 182 kg - 545 kg (e.g.
Holsteins)
2
Medium-framed; 148 kg - 455 kg (e.g.
Guernseys)
2.4
Small-framed; 125 kg - 364 kg (e.g.
Jerseys)
2.9
Calves (0 -5 months)
Large-framed; 45 kg - 182 kg (e.g.
Holsteins)
6
Medium-framed; 39 kg - 148 kg (e.g.
Guernseys)
7
Small-framed; 30 kg - 125 kg (e.g.
Jerseys)
8.5
Cows, including calves to weaning (all
breeds)
1
0.7
N/ A
Feeders (7 -16 months)
3
Backgrounders (7 - 12.5 months)
3
Shortkeepers (12.5 - 17.5 months)
2
Milk-fed
6
1.1
Grain-fed
6
0.8
Does & bucks (for meat kids; includes
unweaned offspring & replacements
8
Does & bucks (for dairy; includes
unweaned offspring & replacements)
8
Kids (dairy or feeder kids)
20
Ewes & rams (for meat Iambs;
includes unweaned offspring &
replacements)
8
Ewes & rams (dairy operation;
includes unweaned offspring &
replacements)
6
Lambs (dairy or feeder Iambs)
20
Slatted floors or
slatted stall
Description
Animal Type
or Material
0.7
Swine
1.0
Most systems
have liquid manure
stored under the
barn slats for short
or long periods, or
in storages
located outside
Systems with solid
manure inside on
deep bedded
packs, or with
scraped alleys
Beef Cattle
0.8
Slatted floor
systems, or barns
with minimal
bedding & yard
scraped to a liquid
storage
Bedded pack
barns with or
without outside
yard access
Manure or Material Form in
Permanent Storage
Dairy Cattle1
Tie-stall barns with
lots of bedding, or
loose housing with
deep bedded pack,
and with or without
outside yard
access
Bedded pens or
stalls or heavily
bedded calf
hutches that are
outside
Factor
A
Number
per NU
Heavily bedded
pack barns
Veal
Goats
0.7
N/ A
Heavily bedded
pack barns
All sheep systems
N/ A
0.7
Sheep
Free-stall barns
with minimal
bedding or sand
bedding, or tie-
stall barns with
minimal bedding &
milking centre
washwater added
TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facility)
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-4 | P a g e
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Large-framed, mature; > 681 kg
(including unweaned offspring)
0.7
Medium-framed, mature; 227 kg - 680
kg (including unweaned offspring)
1
Small-framed, mature; < 227 kg
(including unweaned offspring)
2
Layer hens (for eating eggs; after
transfer from pullet barn)
150
1.0
Layer pullets (day olds until transferred
into layer barn)
500
0.7
Broiler breeder growers (males/
females transferred out to layer barn)
300
0.7
N/A
Bedded floors
Broiler breeder layers (males/females
transferred in from grower barn)
100
0.7
N/A
Cage or slatted
floor systems
Broilers on 8 week cycle
350
Broilers on 9 week cycle
300
Broilers on 10 week cycle
250
Broilers on 12 week cycle
200
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
24.8 m2
Turkey pullets (day old until transferred
to layer turkey barn)
267
Turkey breeder layers (males/females
transferred in from grower barn)
67
Breeder toms
45
Broilers (day olds to 6.2 kg)
133
Hens (day olds up to 6.2 kg to 10.8
kg; 7.5 kg is typical)
105
Toms (day olds to over 10.8 to 20 kg;
14.5 kg is typical)
75
Turkeys at any other weights, or if
unknown, use 24.8 sq m/NU
24.8 m2
Quail
Use 24.8 m2/NU
24.8 m2
Partridge
Use 24.8 m2/NU
24.8 m2
Pheasants
Use 24.8 m2/NU
24.8 m2
Squab
Use 24.8 m2/NU
24.8 m2
Rheas
Adults (includes replacements &
market birds)
13
Emus
Adults (includes replacements &
market birds)
12
Ostriches
Adults (includes replacements &
market birds)
4
Peking
105
Muscovy, use 24.8 m2/NU
24.8 m2
Geese
Use 24.8 m2/NU
24.8 m2
Rabbits
Breeding females (including males,
replacements & market animals)
40
Chinchillas
Breeding females (including males,
replacements & market animals)
320
Fox
Breeding females (including males,
replacements & market animals)
25
Mink
Breeding females (including males,
replacements & market animals)
90
N/A
Cage or floor
systems
1.0
0.7
Horses
Animal Type
or Material
(Table 1,
Page 2 of 3)
Manure or Material Form in
Permanent Storage
Factor
A
N/ A
Turkeys
Birds in cages,
manure belts, no
drying of manure,
water added
Birds in cages,
manure belts &
drying, or floor
systems
Chickens
0.7
N/A
Bedded floor
systems
0.7
N/ A
Bedded floor
systems
0.7
N/A
Bedded floor
systems
0.8
Wire mesh flooring
systems
Bedded floor
systems
Ducks
All horse systems
0.8
Number
per NU
Description
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-5 | P a g e
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Adults (includes unweaned calves &
replacements)
1.3
Feeders (170kg - 477kg)
4
Adults (includes unweaned young &
replacements)
5
Feeders (45kg - 86kg)
16
Adults (includes unweaned young &
replacements)
8
Feeders (23kg - 48kg)
26
Breeding age sows (includes boars,
replacements & weaned piglets to
27kg)
5
Finishing boars (27 kg -86 kg)
7
White tailed deer
-Adults> 24 mo (including unweaned
offspring
11
-Feeders
21
Red deer
-Adults> 24 mo (including unweaned
offspring)
7
-Feeders
14
Elk
-Adults> 24 mo (including unweaned
offspring)
2
-Feeders
6
Elk/deer hybrids
-Adults> 24 mo (including unweaned
offspring)
4
-Feeders
10
Fallow deer
-Adults> 24 mo (including unweaned
offspring)
13
-Feeders
23
Other livestock
not listed in
this table
To determine the number per NU, add
up the total maximum live weight of
animals and divide by the weight of
animals per NU in the next column
453.6 kg
(1000
Ibs)
0.8
All storages with
liquid manure
All storages with
solid manure
Manure
imported to a
lot not
generating
manure2
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
1.2
All storages with
liquid manure
All storages with
solid manure
Storages for
digestate from
an Anaerobic
Digester
(odours
reduced during
this process)
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
0.5
All storages with
liquid manure
All storages with
solid manure
Animal Type
or Material
(Table 1,
Page 3 of 3)
Description
Number
per NU
Factor
A
Manure or Material Form in
Permanent Storage
1. On farms with 100 milking-age cows [dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
Deer
Bison
Llama
Alpaca
Wild Boar
Bedded pack
barns with outside
access OR outside
confinement areas
N/ A
0.7
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-6 | P a g e
66
285
240
429
68
287
245
432
43
0.7666
6
153
70
289
250
435
44
0.7728
7
157
72
291
260
441
1
0.5062
45
0.7790
8
160
74
293
270
447
2
0.5124
46
0.7852
9
163
76
294
280
453
3
0.5186
47
0.7914
10
167
78
296
290
458
4
0.5248
48
0.7976
11
170
80
298
300
464
5
0.5310
49
0.8038
12
173
82
300
310
469
6
0.5372
50
0.8100
13
177
84
301
320
474
7
0.5434
55
0.8167
14
180
86
303
330
480
8
0.5496
60
0.8230
15
183
88
305
340
485
9
0.5558
65
0.8294
16
187
90
307
350
490
10
0.5620
70
0.8357
17
190
92
309
360
494
11
0.5682
75
0.8420
18
193
94
310
370
499
12
0.5744
80
0.8484
19
197
96
312
380
504
13
0.5806
85
0.8547
20
200
98
314
390
508
14
0.5868
90
0.8610
21
202
100
316
400
513
15
0.5930
95
0.8674
22
204
102
318
410
517
16
0.5992
100
0.8737
23
206
104
320
420
522
17
0.6054
105
0.8800
24
208
106
322
430
526
18
0.6116
110
0.8864
25
210
108
324
440
530
19
0.6178
115
0.8927
26
212
110
326
450
535
20
0.6240
120
0.8990
27
214
112
329
460
539
21
0.6302
125
0.9054
28
216
114
331
470
543
22
0.6364
130
0.9117
29
218
116
333
480
547
23
0.6426
135
0.9180
30
220
118
335
490
551
24
0.6488
140
0.9244
31
222
120
337
500
555
25
0.6550
145
0.9307
32
224
122
339
520
562
26
0.6612
150
0.9371
33
226
124
340
540
570
27
0.6674
160
0.9497
34
228
126
342
560
577
28
0.6736
170
0.9624
35
230
128
344
580
584
29
0.6798
180
0.9751
36
232
130
346
600
591
30
0.6860
190
0.9877
37
234
135
351
620
598
31
0.6922
200
1.0000
38
236
140
355
640
605
32
0.6984
300
1.0280
39
238
145
360
660
611
33
0.7046
400
1.0560
40
240
150
364
680
618
34
0.7108
500
1.0840
41
242
155
368
700
624
35
0.7170
600
1.1120
42
244
160
372
750
639
36
0.7232
43
246
165
376
800
654
37
0.7294
44
248
170
380
850
668
38
0.7356
45
250
175
384
900
681
39
0.7418
46
252
180
388
950
694
40
0.7480
47
254
185
392
1000
707
41
0.7542
48
256
190
395
1100
731
42
0.7604
49
258
195
399
1200
753
50
260
200
402
1300
775
52
264
205
406
1400
795
54
268
210
409
1500
815
56
272
215
413
2000
870
58
276
220
416
3000
980
60
280
225
419
4000
1090
62
282
230
423
5000
1200
64
284
235
426
>5000 See Note.
Final
NU
Factor
B
150
5 or
Less
Table 2 Note: For capacities >5000 NU: consult OMAFRA,
Municipal staff or, MDS Computer Program.
Factor C
TABLE 2: Factor B (Nutrient Units Factor)
0% or
Decrease
% Increase
in NU
TABLE 3: Factor C
(Orderly Expansion Factor)
Final
NU
Factor
B
700% or
more or
first
Livestock
Facility on
Lot
1.1400
0.5000
Final
NU
Factor
B
Factor C
% Increase
in NU
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-7 | P a g e
Factor E
1.1
2.2
*See Section 2, Definitions, in Zoning By-law .
TABLE 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
Storage
Odour
Potential
Solid or
Liquid
System
Inside or
Outside
Livestock
Facility
Number
referred to
in Table 6
Description of permanent manure storages being
sited by MDS II, or encroached upon through MDS I
application
Inside
V1
Solid, inside, bedded pack (manure accumulates under
livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to
prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry
matter (manure is dry enough that a flowpath option can
be used for runoff control (Nutrient Management Act,
V4
Solid, outside, no cover, 18% to less than 30% dry
matter, with covered liquid runoff storage (manure not dry
enough to soak up precipitation, so a liquid runoff storage
needed but it has a permanent, tight cover)
Inside
V5
Liquid, inside, underneath slatted floor (manure is stored
under the animals in the barn)
V6
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry
matter, with uncovered liquid runoff storage (manure not
dry enough to soak up precipitation, so a liquid low runoff
storage needed, but it is uncovered, producing more odour
than in V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover (tarps,
foam panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually
circular or rectangular, concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off
precipitation, but the open sides allow wind to travel over
the manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage (earthen
manure storages, but not earthen runoff storages
associated with a solid manure storage which are L 1
above)
Outside
Solid
Liquid
Encroaching Land Use
Type A Land Use*
Type B Land Use*
TABLE 4: Factor E (Encraoching Land Use Factor)
Outside
Very Low
Low
Medium
Liquid
Outside
Corporation of the Township of Dawn-Euphemia
Comprehensive Zoning By-law 54 of 2014
Appendix A Minimum Distance Separation formulae
A-8 | P a g e
Very Low
Low
Medium
High
Odour Storages
V1 to V7
Odour Storages
L1 to L2
Odour Storages
M1 to M2
Odour Storages
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Table 6: MDS I/II Separation Distances for Permanent Manure Storage
Greater than 1000 m
Storage Separation Distances Based on Relative Odour Potential -
Storage Base Distance, 'S' (m)
Building Base Distance
(m) for MDS II ('F'), or
Encroachment Base
Distance for MDS I ('F')
Storage Base Distance, 'S', should be the same as Building Base Distance or
Encroachment Base Distance -'F'