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Page 1 of 103
ZONING BY-LAW
Approved by the Municipality of Dutton Dunwich
By-law # 2022-50, May 11, 2022
Page 2 of 103
TABLE OF AMENDMENTS TO THE
MUNICIPALITY OF DUTTON DUNWICH ZONING BY-LAW #2022-50
INCLUDED IN THIS CONSOLIDATION:
ZBA #
By-law No.
Address
Change in Zoning
Zoning Map
No.
Applicant
Page 3 of 103
TABLE OF CONTENTS
SECTION 1
INTERPRETATION AND ADMINISTRATION ...................................................................... 8
1.1
TITLE ........................................................................................................................................................ 8
1.2
APPLICATION .......................................................................................................................................... 8
1.3
SCOPE ..................................................................................................................................................... 8
1.4
MINIMUM REQUIREMENTS .................................................................................................................... 8
1.5
NUMBER AND GENDER ........................................................................................................................... 8
1.6
ADMINISTRATION ................................................................................................................................... 8
1.7
BUILDINGS TO BE MOVED ....................................................................................................................... 8
1.8
LICENSES AND PERMITS .......................................................................................................................... 8
1.9
VIOLATIONS AND PENALTIES .................................................................................................................. 8
1.10
REMEDIES ............................................................................................................................................... 9
1.11
REPEAL OF EXISTING BY-LAWS ................................................................................................................ 9
1.12
APPLICATION OF OTHER BY-LAWS .......................................................................................................... 9
1.13
VALIDITY ................................................................................................................................................. 9
1.14
EFFECTIVE DATE ...................................................................................................................................... 9
SECTION 2
DEFINITIONS ......................................................................................................................... 10
SECTION 3
ZONING MAPS ....................................................................................................................... 33
3.1
ESTABLISHMENT OF ZONES ................................................................................................................... 33
3.2
USE OF ZONE SYMBOLS ........................................................................................................................ 33
3.3
HOLDING ZONES ................................................................................................................................... 33
3.4
DEFINED AREAS ..................................................................................................................................... 34
3.5
EXCEPTIONS FOR DEFINED AREAS ........................................................................................................ 34
3.6
MULTIPLE ZONES................................................................................................................................... 34
3.7
TEMPORARY USE ZONES ....................................................................................................................... 34
3.8
INTERPRETATION OF ZONE BOUNDARIES ............................................................................................. 34
3.9
APPLICATION OF REGULATIONS ............................................................................................................ 35
3.10
OVERLAY ZONES ................................................................................................................................... 35
SECTION 4
GENERAL PROVISIONS ........................................................................................................ 36
4.1
APPLICATION ........................................................................................................................................ 36
4.2
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................................................. 36
4.3
COMMERCIAL ACCESSORY USES ........................................................................................................... 36
4.4
RESIDENTIAL ACCESSORY USES ............................................................................................................. 36
4.5
HOME OCCUPATIONS ........................................................................................................................... 36
4.6
AGRICULTURAL HOME OCCUPATIONS .................................................................................................. 37
4.7
PUBLIC USES .......................................................................................................................................... 37
Page 4 of 103
4.8
CONSTRUCTION USES ........................................................................................................................... 38
4.9
PROHIBITED USES ................................................................................................................................. 38
4.10
NON-CONFORMING USES ..................................................................................................................... 39
4.11
NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS ................................................... 39
4.12
EXISTING LOTS ...................................................................................................................................... 39
4.13
HAZARD LANDS ..................................................................................................................................... 40
4.14
MUNICIPAL WATER AND SANITARY SUPPLY ............................................................................................ 40
4.15
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS ............................................................................ 40
4.16
TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS
USED FOR HUMAN OCCUPANCY ....................................................................................................................... 40
4.17
STREET FRONTAGE OF BUILDING LOTS ................................................................................................. 41
4.18
FRONTAGE ON STREETS, HIGHWAYS OR ROADS OR PRIVATE ROADS AND EXEMPTIONS .................. 41
4.19
SIGHT RESTRICTION ON CORNER LOT ................................................................................................... 41
4.20
PRIVATE GARAGES AND DRIVEWAYS ON CORNER LOTS ....................................................................... 42
4.21
ESTABLISHED BUILDING LINE ON STREETS OR ROADS .......................................................................... 42
4.22
USE OF YARDS ON LANDS WITHOUT BUILDINGS .................................................................................. 42
4.23
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES .......................................................................... 42
4.24
PERMITTED ENCROACHMENTS IN YARDS ............................................................................................. 42
4.25
ENCLOSURES ......................................................................................................................................... 43
4.26
BUFFER (PLANTING) STRIPS .................................................................................................................. 43
4.27
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL, INSTITUTIONAL,
AND OPEN SPACE ZONES .................................................................................................................................. 44
4.28
PARKING REQUIREMENTS ..................................................................................................................... 44
4.29
DRIVEWAY REGULATIONS .................................................................................................................... 46
4.30
STANDARDS FOR PARKING AREAS ........................................................................................................ 46
4.31
STANDARDS FOR PARKING SPACES ....................................................................................................... 47
4.32
STANDARDS FOR BARRIER FREE PARKING SPACES ............................................................................... 47
4.33
LOADING SPACES .................................................................................................................................. 47
4.34
STANDARDS FOR LOADING SPACES ...................................................................................................... 47
4.35
STANDARDS FOR ENTRANCES AND EXITS FOR LOADING AREAS ........................................................... 48
4.36
PARKING OF MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES ................................................. 48
4.37
PARKING REGULATIONS IN RESIDENTIAL ZONES .................................................................................. 48
4.38
EXPLORATION AND/OR PRODUCTION OF NATURAL GAS OR CRUDE OIL ............................................. 48
4.39
HEIGHT EXEMPTIONS ............................................................................................................................ 49
4.40
GRADING............................................................................................................................................... 49
4.41
SWIMMING POOLS ............................................................................................................................... 49
4.42
LOSS BY NATURAL CAUSES .................................................................................................................... 49
Page 5 of 103
4.43
LOTS REDUCED BY PUBLIC ACQUISITION .............................................................................................. 49
4.44
ADULT ENTERTAINMENT PARLOURS .................................................................................................... 50
4.45
ANCILLARY SALE OF AUTOMOBILES ...................................................................................................... 50
4.46
FRONT LOT LINES AND HIGHWAY NO. 401 ........................................................................................... 50
4.47
GROUP HOMES ..................................................................................................................................... 50
4.48
MINIMUM DISTANCE SEPARATION FORMULAE ................................................................................... 50
4.49
WAYSIDE PITS AND QUARRIES AND PORTABLE ASPHALT PLANTS ........................................................ 51
4.50
SETBACKS FROM PETROLEUM RESOURCE OPERATIONS ...................................................................... 51
4.51
MINISTRY OF TRANSPORTATION AUTHORITY ....................................................................................... 51
4.52
SHIPPING CONTAINER OR TRUCK TRAILER USED FOR STORAGE PURPOSES ....................................... 51
4.53
ADDITIONAL RESIDENTIAL UNITS (ARU) ............................................................................................... 51
4.54
DWELLING UNITS IN A NON-RESIDENTIAL BUILDING OR BUILDINGS OR ON NO-RESIDETNAIL LOTS . 52
SECTION 5
AGRICULTURAL (A1) ZONE REGULATIONS .................................................................. 53
5.1
GENERAL USE REGULATIONS ................................................................................................................ 53
5.2
SPECIAL USE REGULATIONS .................................................................................................................. 53
5.3
EXCEPTIONS - AGRICULTURAL (A1) ZONE ............................................................................................ 54
SECTION 6
SPECIAL AGRICULTURAL (A2) ZONE REGULATIONS .................................................. 57
6.1
GENERAL USE REGULATIONS ................................................................................................................ 57
6.2
SPECIAL USE REGULATIONS .................................................................................................................. 57
6.3
EXCEPTIONS - SPECIAL AGRICULTURAL (A2) ZONE ............................................................................... 58
SECTION 7
LARGE LOT AGRICULTURAL (A3) ZONE REGULATIONS ............................................ 61
7.1.
GENERAL USE REGULATIONS ................................................................................................................ 61
7.2
SPECIAL USE REGULATIONS .................................................................................................................. 61
7.3
EXCEPTIONS - LARGE LOT AGRICULTURAL (A3) ZONE .......................................................................... 62
SECTION 8
RURAL RESIDENTIAL (RR) ZONE REGULATIONS ......................................................... 63
8.1
GENERAL USE REGULATIONS ................................................................................................................ 63
8.2
SPECIAL USE REGULATIONS .................................................................................................................. 63
8.3
EXCEPTIONS - RURAL RESIDENTIAL (RR) ZONE ...................................................................................... 63
SECTION 9
SPECIAL RURAL RESIDENTIAL (RS) ZONE REGULATIONS ........................................ 65
9.1
GENERAL USE REGULATIONS ................................................................................................................ 65
9.2
SPECIAL USE REGULATIONS .................................................................................................................. 65
9.3
EXCEPTIONS - SPECIAL RURAL RESIDENTIAL (RS) ZONE ........................................................................ 65
SECTION 10
LIMITED SERVICE RESIDENTIAL (LSR) ZONE REGULATIONS .............................. 70
10.1
GENERAL USE REGULATIONS ................................................................................................................ 70
10.2
SPECIAL USE REGULATIONS .................................................................................................................. 70
10.3
EXCEPTIONS - LIMITED SERVICE RESIDENTIAL (LSR) ZONE .................................................................... 70
SECTION 11
HAMLET RESIDENTIAL (HR) ZONE REGULATIONS .................................................. 71
11.1
GENERAL USE REGULATIONS ................................................................................................................ 71
Page 6 of 103
11.2
SPECIAL USE REGULATIONS .................................................................................................................. 71
11.3
EXCEPTIONS - HAMLET RESIDENTIAL (HR) ZONE .................................................................................. 71
SECTION 12
VILLAGE RESIDENTIAL 1 (VR1) ZONE REGULATIONS ............................................ 73
12.1
GENERAL USE REGULATIONS ................................................................................................................ 73
12.2
SPECIAL USE REGULATIONS .................................................................................................................. 74
12.3
EXCEPTIONS - VILLAGE RESIDENTIAL 1 (VR1) ZONE .............................................................................. 74
SECTION 13
VILLAGE RESIDENTIAL 2 (VR2) ZONE REGULATIONS ............................................ 76
13.1
GENERAL USE REGULATIONS ................................................................................................................ 76
13.2
SPECIAL USE REGULATIONS .................................................................................................................. 77
13.3
EXCEPTIONS - VILLAGE RESIDENTIAL 2 (VR2) ZONE .............................................................................. 77
SECTION 14
HAMLET COMMERCIAL (HC) ZONE REGULATIONS ................................................. 79
14.1
GENERAL USE REGULATIONS ................................................................................................................ 79
14.2
SPECIAL USE REGULATIONS .................................................................................................................. 80
14.3
EXCEPTIONS - HAMLET COMMERCIAL (HC) ZONE ................................................................................ 80
SECTION 15
HIGHWAY COMMERCIAL (C1) ZONE REGULATIONS ............................................... 81
15.1
GENERAL USE REGULATIONS ................................................................................................................ 81
15.2
SPECIAL USE REGULATIONS .................................................................................................................. 81
15.3
EXCEPTIONS - HIGHWAY COMMERCIAL (C1) ZONE............................................................................... 81
SECTION 16
VILLAGE GENERAL COMMERCIAL (VC1) ZONE REGULATIONS .......................... 84
16.1
GENERAL USE REGULATIONS ................................................................................................................ 84
16.2
SPECIAL USE REGULATIONS .................................................................................................................. 85
16.3
EXCEPTIONS - VILLAGE GENERAL COMMERCIAL (VC1) ZONE ............................................................... 86
SECTION 17
VILLAGE LOCAL COMMERCIAL (VC2) ZONE REGULATIONS ................................ 87
17.1
GENERAL USE REGULATIONS ................................................................................................................ 87
17.2
SPECIAL USE REGULATIONS .................................................................................................................. 87
17.3
EXCEPTIONS - VILLAGE LOCAL COMMERCIAL (VC2) ZONE .................................................................... 88
SECTION 18
FARM INDUSTRIAL/COMMERCIAL (M1) ZONE REGULATIONS ............................. 89
18.1
GENERAL USE REGULATIONS ................................................................................................................ 89
18.2
SPECIAL USE REGULATIONS .................................................................................................................. 89
18.3
EXCEPTIONS - FARM INDUSTRIAL/COMMERCIAL (M1) ZONE ............................................................... 89
SECTION 19
RURAL INDUSTRIAL (M2) ZONE REGULATIONS ....................................................... 90
19.1
GENERAL USE REGULATIONS ................................................................................................................ 90
19.2
SPECIAL USE REGULATIONS .................................................................................................................. 90
19.3
EXCEPTIONS - RURAL INDUSTRIAL (M2) ZONE ...................................................................................... 90
SECTION 20
EXTRACTIVE INDUSTRIAL (M3) ZONE REGULATIONS ........................................... 91
20.1
GENERAL USE REGULATIONS ................................................................................................................ 91
20.2
SPECIAL USE REGULATIONS .................................................................................................................. 91
20.3
EXCEPTIONS - EXTRACTIVE INDUSTRIAL (M3) ZONE ............................................................................. 91
SECTION 21
VILLAGE INDUSTRIAL (M4) ZONE REGULATIONS ................................................... 92
Page 7 of 103
21.1
GENERAL USE REGULATIONS ................................................................................................................ 92
21.2
SPECIAL USE REGULATIONS .................................................................................................................. 92
21.3
EXCEPTIONS - VILLAGE INDUSTRIAL (M4) ZONE ................................................................................... 93
SECTION 22
INSTITUTIONAL (I) ZONE REGULATIONS .................................................................. 94
22.1
GENERAL USE REGULATIONS ................................................................................................................ 94
22.2
SPECIAL USE REGULATIONS .................................................................................................................. 94
22.3
EXCEPTIONS - INSTITUTIONAL (I) ZONE 22.3.1 ...................................................................................... 95
SECTION 23
OPEN SPACE (OS) ZONE REGULATIONS ...................................................................... 96
23.1
GENERAL USE REGULATIONS ................................................................................................................ 96
23.2
SPECIAL USE REGULATIONS .................................................................................................................. 96
23.3
EXCEPTIONS - OPEN SPACE (OS) ZONE ................................................................................................. 96
SECTION 24
PARKLAND (P) ZONE REGULATIONS ........................................................................... 96
24.1
GENERAL USE REGULATIONS ................................................................................................................ 96
24.2
SPECIAL USE REGULATIONS .................................................................................................................. 96
24.3
EXCEPTIONS - PARK AND RECREATION (P) ZONE .................................................................................. 96
SECTION 25
LAKESHORE RECREATION (LR) ZONE REGULATIONS ........................................... 97
25.1
GENERAL USE REGULATIONS ................................................................................................................ 97
25.2
SPECIAL USE REGULATIONS .................................................................................................................. 97
25.3
EXCEPTIONS - LAKESHORE RECREATION (LR) ZONE .............................................................................. 97
SECTION 26
ENVIRONMENTAL PROTECTION (EP) ZONE REGULATIONS .................................. 98
26.1
GENERAL USE REGULATIONS ................................................................................................................ 98
26.2
SPECIAL USE REGULATIONS .................................................................................................................. 98
26.3
EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE .................................................................... 98
SECTION 27
PUBLIC UTILITY (U) ZONE REGULATIONS ................................................................. 99
27.1
GENERAL USE REGULATIONS ................................................................................................................ 99
27.2
SPECIAL USE REGULATIONS .................................................................................................................. 99
27.3
EXCEPTIONS - PUBLIC UTILITY (U) ZONE ............................................................................................... 99
SECTION 28
TEMPORARY (T) ZONE REGULATIONS ..................................................................... 100
28.1
GENERAL USE REGULATIONS .............................................................................................................. 100
28.2
DEFINED AREA AND END DATES ......................................................................................................... 100
Page 8 of 103
MUNICIPALITY OF DUTTON DUNWICH
ZONING BY-LAW NO. 2022-50
A By-law to regulate the use of land, and the character, location, and use of buildings and structures in
the Municipality of Dutton Dunwich.
WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich deems it necessary to
enact a Zoning By-law;
NOW THEREFORE the Council of the Corporation of the Municipality of Dutton Dunwich, pursuant to
Section 34 of the Planning Act, as amended, and all other powers thereunto enabling, enacts as follows:
SECTION 1
INTERPRETATION AND ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Zoning By-law" of the Corporation of the Municipality
of Dutton Dunwich
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Municipality as now or hereafter legally constituted.
1.3
SCOPE
No land shall be used, and no building or structure shall be erected, altered, or used within
the Municipality except in accordance with the regulations of this By-law and except as
permitted by this By-law.
1.4
MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this By-law, they are held to be the minimum
requirements for the promotion of the health, safety, comfort, convenience, and general
welfare of the inhabitants of the Municipality.
1.5
NUMBER AND GENDER
In this By-law, unless the contrary intention appears otherwise, words implying the singular
number or the masculine gender only shall include more persons, parties, or things of the
same kind than one, and females as well as males, and the converse.
1.6
ADMINISTRATION
This By-law shall be administered by the Chief Building Official of the Municipality or any
other person acting under the direction of the Council of the Municipality.
1.7
BUILDINGS TO BE MOVED
No building shall be moved within the limits of the Municipality or shall be moved into the
Municipality without a permit from the Chief Building Official.
1.8
LICENSES AND PERMITS
No municipal permit, certificate, or license shall be issued where the said permit is required
for a proposed use of land or a proposed erection, alteration, enlargement or use of any
building or structure that is in violation of any provisions of this By-law.
1.9
VIOLATIONS AND PENALTIES
Every person who contravenes this By-law is guilty of an offence and on conviction is liable
Page 9 of 103
on a first conviction to a fine of not more than $25,000.00; and on a subsequent conviction
to a fine not more than $10,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the person was first convicted. Where,
however, a corporation is convicted, the maximum penalty that may be imposed is, on a
first conviction, a fine of not more than $50,000.00; and on a subsequent conviction a fine
of not more than $25,000.00 for each day thereof upon which the contravention has
continued after the day on which the corporation was first convicted, as prescribed by the
Planning Act, as amended.
1.10
REMEDIES
Where any building is, or is proposed to be erected, altered, reconstructed, extended or
enlarged, or any building or part thereof is or is proposed to be used, or any land is or is
proposed to be used, in contravention of the provisions of this By-law, the same may be
restrained by action of any ratepayer, or the Council of the Municipality pursuant to the
provisions of the Planning Act, as amended from time to time.
1.11
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, or a predecessor thereof, shall be deemed to have been repealed except
to the extent that any of the said By-laws prohibits the use of any land, building or structure
for a purpose that is also prohibited by this By-law.
1.12
APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to comply with
the requirements of this By-law or any other By-law of the Municipality in force from time
to time or the obligation to obtain any license, permit, authority or approval required under
any By-law of the Municipality.
1.13
VALIDITY
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.
1.14
EFFECTIVE DATE
This By-law shall come into force:
Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the
prescribed time; or
Where notice of objection has been filed with the Municipal Clerk within the time prescribed
by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario
Land Tribunal (OLT).
Page 10 of 103
SECTION 2
DEFINITIONS
The following definitions shall govern the use and interpretation of this By-law. Where a term is not
defined herein the common English meaning shall apply in context of the zoning regulation. Some
definitions are provided and not used in the by-law to allow future amendment and to prevent
inappropriate use of the definition elsewhere in the By-law.
2.1
ABATTOIR, shall mean a building or structure, or portion thereof, where animals are
slaughtered for the purposes of processing meat into food for human consumption; and
where meat products are produced, processed, handled, sold or stored.
2.2
ACCESSORY, shall mean a use, a building, or structure that is normally incidental,
subordinate, and exclusively devoted to a main use, building or structure and that is
located on the same lot therewith.
2.3
ADDITIONAL RESIDENTIAL UNITS, shall mean a self-contained dwelling unit with a
private kitchen, bathroom facility and sleeping areas.
2.4
ADULT ENTERTAINMENT PARLOUR, shall mean any premises or part thereof, used in
pursuance of any trade, calling, business or occupation, for the purpose of a live
performance, exhibition or activity designed to appeal to erotic or sexual appetites or
inclinations, of which a principal feature or characteristic is the nudity or partial nudity of
any person, and in respect of which the word "nude", "naked", "topless", "bottomless", or
"sexy", or any other word, picture, symbol or representation having like meaning or
implication may be used on any sign, advertisement, or advertisement device, and without
limiting the generality of the foregoing, includes any performance, exhibition, or activity
involving striptease dancers, exotic dancers, wet clothing contests, or best body part
contests.
2.5
AGRICULTURAL INDUSTRIAL ESTABLISHMENT, shall mean the use of land and/or
buildings or structures for the manufacturing and wholesale and/or retail sales of goods
that are necessary to support agricultural uses. These include such goods as farm
machinery and equipment used for tillage of soil, the planting, spraying, harvesting,
transporting, treatment, processing and storage of grain, forage, feed, or forest products,
products used for the housing and husbandry of livestock, poultry and fur-bearing animals,
and the storage, handling and processing of milk, eggs, and manure and the manufacture
of sub-surface drainage materials and equipment.
2.6
AGRICULTURAL PROCESSING ESTABLISHMENT, shall mean the use of land and/or
buildings or structures for the processing of products derived from agricultural uses, as
defined in this By-law. These shall include such products as seed, grain, feed and forage
processing, storage and transport, fruit and vegetable storage and treatment, livestock
and poultry assembly, sales and transport, a cheese factory, an egg grading station, a
sawmill, an abattoir, a rendering plant and a dead stock removal facility.
2.7
AGRICULTURAL SERVICE ESTABLISHMENT, shall mean the use of land and/or
buildings or structures for the purposes of buying or selling commodities and services that
are necessary to support agricultural uses as defined in this By-law. These shall include
such sales and services as welding and machinery repairs, farm drainage and
excavation, agriculturally-related trucking, well-drilling, contracting and trades related to
farm buildings and structures, and custom spray, tillage, planting and harvesting services.
2.8
AGRICULTURAL SUPPLY ESTABLISHMENT, shall mean the use of land and/or
Page 11 of 103
buildings or structures for the purpose of supply of goods, materials or services that are
necessary to support agricultural uses as defined by this By-law. These shall include such
goods and services as sale, processing and storage of seed, feed, fertilizer and chemical
products, farm machinery and equipment sales and service, and animal and poultry health
and breeding services.
2.9
AGRICULTURAL USE, shall mean the cultivation of land, the production of crops and the
processing and selling of such produce on a lot, and the breeding, raising, and care of
livestock, or the produce of such livestock raised on a lot and, without limiting the
generality of the foregoing, may include animal husbandry, and the raising and harvesting
of field, bush, tree or wineries, truck gardening, aquaculture, apiaries, agro-forestry, maple
syrup production, tree farm, sod farming and mushroom farming.
2.10
AGRICULTURAL-RELATED USES, shall mean farm-related commercial and farm-
related industrial uses that are directly related to farm operations in the area, support
agriculture, benefit from being in proximity to farm operations, and provide direct products
and/or services to farm operations as a primary activity.
2.11
AGRI-TOURISM USES, shall mean those farm-related tourism uses that promote the
enjoyment, education or activities related to the farm operation or in proximity to farm
operations.
2.12
ALTER, shall mean, when used in reference to building or structure, or part thereof, to
change, extend, enlarge, or renovate any one or more of the exterior or external
dimensions or walls or roof thereof. When used in reference to a lot, the word "alter" shall
mean to change the setback, or parking area, or to change the location of any boundary
of such lot with respect to a road, whether such alterations are made by conveyance or in
alienation of any portion of the said lot, or otherwise.
2.13
ANIMAL CLINIC, shall mean a building, or portion thereof, designed, used or intended for
use by a veterinarian and his assistants for the purposes of providing for the care and
treatment of pets raised or housed for the recreational or hobby purposes and, without
limiting the generality of the foregoing, may include dogs, cats, birds and livestock.
2.14
ANIMAL AND POULTRY HEALTH AND BREEDING SERVICE, shall mean the premises
of a veterinary surgeon where animals, birds or other livestock are treated or kept, or the
facility used for the insemination of livestock or poultry.
2.15
ANIMAL KENNEL, shall mean a lot, building or structure, or portion thereof, on or within
which four (4) or more dogs more than four (4) months of age are housed, groomed, bred,
boarded, trained or sold and which may offer provisions for minor veterinary treatment.
2.16
ANTIQUE STORE, shall mean a building, or part thereof used for the refurbishing,
restoration, refinishing and/or resale of items which due to their age have an increased
quality, but which does not include the sale of used motor vehicles.
2.17
APARTMENT BUILDING, shall mean the whole of a structure that contains four (4) or more
dwelling units which have a common entrance from street level and are served by a
common corridor and the occupants of which units have the right to use in common the
corridors, stairs, elevators, yards or one or more of them.
2.18
AREA OF NATURAL AND SCIENTIFIC INTEREST (ANSI), shall mean an area of land
and/or water containing natural landscape or features that have been identified as having
life science or earth science values related to protection, scientific study, or education.
Page 12 of 103
2.19
ATTACHED, when used in reference to a building, shall mean a building otherwise complete
in itself, which depends for structural support, or complete enclosure, upon a division wall
or walls shared in common with an abutting building or structure.
2.20
ATTIC, shall mean the portion of a building situated wholly or part within the roof and which
is not one-half storey.
2.21
AUCTION SALES FACILITIES, shall mean a building, structure, or portion thereof used
for the retail sale of articles or goods to the members of the public bidding the highest offer
for the article or goods during the sale proceedings.
2.22
BARRIER FREE, shall mean when applied to a building and its facilities, that the building
and its facilities can be approached, entered and used by persons with physical or
sensory disabilities and meets the requirements of the Accessibility for Ontarians with
Disabilities Act, 2005, as amended.
2.23
BASEMENT, shall mean that portion of a building between two floors which has at least
one-half of its height, measured from finished floor to finish ceiling above adjacent finished
ground surface or grade level.
2.24
BED AND BREAKFAST ESTABLISHMENT or VACATION HOME, shall mean a single
detached dwelling in which not more than six (6) rooms are made available by the person
or persons permanently residing in the said dwelling for the temporary accommodation of
the travelling or vacationing public and within which light meals may be offered.
2.25
BOARDING HOUSE or ROOMING HOUSE, shall mean any house or building or portion
thereof in which the proprietor resides and supplies, for hire or gain to more than two
persons, lodging and/or meals, but shall not include a hotel, motel, hospital, home for the
young or the aged, or institution, or restaurant accommodating the general public.
2.26
BUFFER STRIP, shall mean an area used for no other purpose than the planting and
maintaining of a continuous row of trees or a continuous unpierced hedgerow of
evergreens or shrubs, and a remainder of which is used for landscaping and the planting
of ornamental shrubs, flowering shrubs, flower beds, or a combination thereof.
2.27
BUILDING, shall mean a structure, whether temporary or permanent, designed, used or
intended for shelter and any use or occupancy and consisting of wall, roof, and floor or any
one or more of them, or structural system serving the functions thereof, including plumbing
works, fixtures and service systems appurtenant thereto, but shall not include a boundary
wall, fence, travel trailer, camping trailer, truck camper, motor home, or tent.
2.28
BUILDING AREA, shall mean an area designated on a zoning map or zoning map
schedule as "Building Area" which defines the area of a lot within which permitted
buildings or other structures may be erected, used, and maintained and shall be
calculated by deducting all appropriate yard areas and setbacks from the gross lot area.
2.29
BUILDING INSPECTOR, shall mean the officer or employee of the Municipality for the
time being charged with the duty of enforcing the provisions of this By-Law, the Ontario
Building Code, or any other building code or building bylaw of the Municipality.
2.30
BUILDING LINE, shall mean a line within a lot drawn parallel to a lot line that establishes
the minimum distance between a lot line and any building or structure that may be erected.
Where the lot line is a curve, the building line shall be a line drawn parallel to the chord of
the arc constituting the lot line.
Page 13 of 103
2.31
BUILDING LINE, ESTABLISHED, shall mean a building line considered to be established
between, or adjacent in the case of a corner lot, existing buildings where at least three (3)
main buildings have been erected on any one side of a continuous one hundred and fifty
(150) metre strip of land fronting on a road. The established building line shall thus mean
the average setback of the existing main buildings.
2.32
BULK SALES ESTABLISHMENT, shall mean the use of land, buildings, or structures for
the purpose of buying and selling building materials, ice, and allied chemicals but does not
include any manufacturing, assembling, or processing uses.
2.33
BUS DEPOT, shall mean a facility for the boarding and de-boarding of passengers from
inter-city bus travel and may include ancillary commercial facilities, public washrooms,
ticket sales areas, and offices for building personnel.
2.34
CAMPGROUND, shall mean a use, consisting of at least five (5) camping sites, licensed
under the provisions of the Municipal Act, as amended, from time to time, and comprising
land used for seasonal recreational activity as grounds for the camping or parking of tents,
motor homes, travel trailers, or truck campers, but not mobile homes.
2.35
CARPORT, shall mean Garage, Private.
2.36
CATERING ESTABLISHMENT, shall mean an establishment in which food and
beverages are prepared for consumption on or off the premises to customers but does not
include a restaurant.
2.37
CELLAR, shall mean that portion of the building between two floors which is partially or
wholly underground but which has more than one-half or its height from finished floor to
ceiling below adjacent finished ground surface or grade level.
2.38
CEMETERY, shall mean land that is set apart or used as a place for the interment of
deceased persons or in which human bodies have been buried.
2.39
CHURCH, shall mean a place of worship.
2.40
CLINIC, shall mean a building, or portion thereof, designed used or intended for the
purposes of medical or dental practice and, without limiting the generality of the foregoing,
may include the offices or consulting rooms of members of the medical or dental
professions listed in this By-law under the definition "Home Occupation" and includes any
building in which two or more home occupations are being carried on by members of the
said medical or dental profession or of a chiropractor.
2.41
CLUB, shall mean a building, or portion thereof, designed, used or intended as a meeting
place for the members of an organization, association, fraternal order, or similar group, not
operated for profit and wherein athletic facilities, dining rooms, and beverage rooms may
be provided.
2.42
COMMERCIAL FISHING OPERATION, shall mean an establishment involved in the
harvest and processing of marine life, for the purpose of retail or wholesale trade, and
shall include all buildings, and structures associated with such operation.
2.43
COMMERCIAL USE, shall mean the use of land, buildings, or structures, or portion
thereof, for the purposes of buying and/or selling commodities and supplying services for
profit or intended for profit.
Page 14 of 103
2.44
COMMUNAL WALL, shall mean an exterior side or rear wall of a building that is used to
support more than one fully enclosed space.
2.45
COMMUNITY CENTRE, shall mean a building, or part or portion thereof, designed, used
or intended for community activities and not for commercial purposes the control of which
is vested with the Municipality, a local committee or board, or trustees.
2.46
CONSERVATION AREA, shall mean an area of land owned by a conservation authority,
conservation organization, the Municipality of Dutton Dunwich, or the Province and used
solely for the preservation and enhancement of the natural environment.
2.47
CONTRACTOR'S YARD OR SHOP, shall mean the use of land, buildings, or structures,
or portion thereof, for the purpose of storing equipment, vehicles, or material, or for
performing shop work or assembly work by any building trade or other construction
contractor.
2.48
CONVENIENCE PLAZA, shall mean a group of not more than four (4) convenience stores
located adjacent to one another under one roof with separate entrances, all of which front
on an improved street or road which provide off-street parking.
2.49
COUNTY, shall mean the Corporation of the County of Elgin.
2.50
DAY CARE CENTRE, shall mean a premises that receives more than five children who
are not of common parentage, primarily for the purpose of providing temporary care and
guidance, for a continuous period, not exceeding 24 hours, when the children are:
a) under 18 years of age in the case of a day nursery for children with a developmental
handicap; and
b) under 12 years of age in all other cases.
2.51
DECK, shall mean a platform made of wood, concrete or other similar material, that has
a height greater than 20.32 cm (8 in) above grade, projecting from a building or
freestanding, with no roof or walls except for visual partitions, and intended for the
purpose of outdoor dining, lounging, and other similar accessory uses.
2.52
DETACHED, when used in reference to a building, shall mean a building which is not
dependent on any other building for structural support or enclosure.
2.53
DOCK, shall mean a structure on land or in the water to be used for transferring goods or
passengers to or from a boat or airplane.
2.54
DOG POUND, shall mean the use of land, buildings, or structures, or portions thereof, for
the purpose of impounding dogs pursuant to a By-law of the Municipality, and where such
dogs are kept for a minimum redemption period as defined in the Animals for Research
Act, as amended, for time to time.
2.55
DRIVE-IN THEATRE, shall mean an outdoor cinema where viewing occurs from cars in a
parking lot.
2.56
DRIVEWAY, shall mean a private passageway for a motor vehicle, having at least one
end thereof connected to a road, and providing the principal means of vehicular access
to a lot.
2.57
DWELLING, shall mean a building, occupied or capable of being occupied exclusively as
Page 15 of 103
a home, residence or sleeping place by one or more persons, but excludes hotels,
boarding houses, rooming houses, motels, group homes, institutions, or mobile homes;
or living quarters for a caretaker, watchman, or other person or persons using living
quarters which are necessary to a non-residential building or structure.
2.58
DWELLING UNIT, shall mean one or more habitual rooms occupied or capable of being
occupied by a person or persons as an independent or separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use of
such person or persons, with a private entrance from outside the building or from a
common hallway or stairway inside the building in which the dwelling unit is located.
2.59
DWELLING, APARTMENT, shall mean a dwelling consisting of five (5) or more dwelling
units which units have a common entrance from the street level and the occupants of
which have the right to use, in common, halls and/or elevators and yards.
2.60
DWELLING, BLOCK ROWHOUSE, shall mean a rowhouse dwelling that is part of a
condominium, co-operative or rental project with a private internal traffic circulation system
or direct access from a public street.
2.61
DWELLING, TWO-UNIT CONVERTED, shall mean a dwelling originally designed as a
single detached dwelling, which because of size or design, is or is capable of being
converted by partition into more than one dwelling unit.
2.62
DWELLING, DUPLEX, shall mean a building that is divided horizontally into two (2)
dwelling units each of which has an independent entrance either directly or through a
common vestibule.
2.63
DWELLING, DOUBLE DUPLEX, shall mean a building that consists of two (2) duplex
dwellings attached to each other.
2.64
DWELLING, MAISONETTE, shall mean a building designed to contain more than three
(3) dwelling units each having an entrance from a common hallway or stairway inside the
building and a separate outside entrance.
2.65
DWELLING, MULTIPLE, shall mean a dwelling designed, intended or used for occupancy
by not more than four (4) households living independently of each other in separate
dwelling units with all dwelling units being on one lot and includes a double duplex dwelling,
and a maisonette dwelling.
2.66
DWELLING, SEASONAL, shall mean a single detached dwelling that is not used, or
intended or designed for continuous habitation as a permanent residence.
2.67
DWELLING, SEMI-DETACHED, shall mean a dwelling that is divided vertically into two
(2) dwelling units, each of which has independent entrances either directly or through a
common vestibule.
2.68
DWELLING, SENIOR CITIZEN, shall mean a multiple housing unit for the elderly, which
is owned and managed by a privately owned business, public housing authority or non-
profit organization or charitable institution and which may be associated with a place of
worship or service club.
2.69
DWELLING, SINGLE DETACHED, shall mean a completely detached dwelling unit
designed, used, or intended for occupancy by not more than one household.
Page 16 of 103
2.70
DWELLING, ROWHOUSE, shall mean a dwelling that is divided vertically into three (3)
dwelling units, each of which has independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit and includes a triplex
dwelling.
2.71
DWELLING, TRIPLEX, shall mean a building that is divided horizontally into three (3)
separate dwellings units, each of which has an independent entrance either directly or
through a common vestibule.
2.72
DWELLING, TWO-UNIT, shall mean a dwelling designed, intended or used for
occupancy by not more than two (2) households living independently of each other in
separate dwelling units.
2.73
ERECT, shall include to build, construct, reconstruct, alter or relocate and, without limiting
the generality of the foregoing, may include any preliminary physical operations such as
excavating, grading, piling, cribbing, filling, or draining, structurally altering any existing
building or structure by an addition, deletion, enlargement, or extension.
2.74
EROSION HAZARDS, shall mean the loss of land, due to human or natural processes,
that poses a threat to life and property. The erosion hazard limit is determined using the
100 year erosion rate (the average annual rate of recession extended over a hundred
year span), an allowance for slope stability, and an access allowance.
2.75
EXISTING, shall mean legally existing as of the date of the passing of this by law.
2.76
FAIRGROUNDS, shall mean a lot owned and operated by an organization incorporated
under the Agricultural and Horticultural Organizations Act, as amended, from time to time.
2.77
FARM, shall mean a lot, held for the purpose of agricultural use, together with or without
its dependent buildings including one single detached dwelling with private garage, one
supplementary farm dwelling where required, barns, sheds, pens, and similar accessory
buildings except that in areas where buildings and structures are prohibited such use shall
refer only to the land.
2.78
FARM EQUIPMENT SALES AND SERVICE, shall mean the use of land, buildings, or
structures, or portions thereof, where farm vehicles and equipment are stored for the
purposes of sale, lease, or hire and where such vehicles and equipment are repaired or
serviced for purposes of being maintained in an operable condition.
2.79
FARM FUEL SALES, shall mean the use of land, buildings, or structures, or portions
thereof, where gasoline or other motor fuels are kept for sale and for delivery into farm
vehicles, but does not include the sale of any such fuels to vehicles which are not directly
involved in the operation of farming.
2.80
FARM PRODUCE OUTLET, shall mean a use that is permitted on a seasonal basis, and
is accessory to a permitted farm, which consists of the retail sale of agricultural products
produced in the area which such outlet is located, and which does not include any
permanent buildings or structures.
2.81
FEED MILL, shall mean a building or structure used for the purpose of processing food for
animals, and which may include a retail operation for the sale of such products.
2.82
FERTILIZER PLANT, shall mean the use of land, buildings, and structures, or portions
thereof, where natural and synthetic materials are processed for the purpose of producing
Page 17 of 103
materials to increase soil fertility, and which may include the retail sale of such products.
2.83
FINANCIAL INSTITUTIONS, shall mean an establishment that provides money
management services directly to the public, including a bank, trust company, credit union,
securities dealer, finance companies and stockbrokers, but not including the offices or
administrative offices, which shall be considered to be offices for the purposes of this By-
law.
2.84
FLOOD AND EROSION CONTROL, shall mean any lands, buildings or structures, and
any appurtenances to such, operated and/or maintained by a public authority, and used
for the purpose of regulating water levels and protecting lands adjacent to both natural
and man- made bodies of water.
2.85
FLOOD PLAIN (for river and stream systems), shall mean the area, usually low lands
adjoining a watercourse, which has been or may be subject to flooding hazards (PPS)
that are not ordinarily covered by water.
2.86
FLOOR AREA, shall mean the sum of the areas of all floors of a building measured from
the outside of all exterior walls exclusive of any attic, basement, garage, veranda, porch
or sunroom unless such enclosed porch or sunroom is an integral part of a building and
habitable in all seasons, excluding any floor area with a floor to ceiling height of less than
two (2) metres.
2.87
FLOOR AREA, GROUND, shall mean the area of the building or structure measured from
the outside of all the exterior walls, at grade level, exclusive of any accessory building,
garage, basement, terrace, veranda, opened or closed porch or sunroom, unless such
sunroom or enclosed porch is an integral part of the building and habitable in all seasons.
2.88
FLOOR AREA, NET, shall mean that the portion of the floor area of the building which is
used exclusively for a non-residential use defined herein and specifically permitted
elsewhere in this by law, but excluding:
a) Any part of such building used for any other non-residential uses, which are
defined herein or specifically permitted elsewhere in this By-law;
b) Any part of such building used as a dwelling unit, a public concourse, or
common hallway or stairway not used exclusively by the said non-residential
use;
c) Any part of such building used solely for the storage of electrical equipment or
of equipment to heat, cool, or otherwise control the environment of such
building are portion thereof; and the thickness of any exterior walls of such
buildings.
2.89
FOOD PROCESSING PLANT, shall mean a building, or part thereof, other than a
restaurant or refreshment room in which agricultural products are packed, frozen,
prepared, processed, preserved, graded or stored for eventual human consumption, and
includes a cannery, a flour mill, a dairy, a bakery, or an egg grading station, but does not
include an abattoir or any premises used for the slaughtering of animals or the boiling of
blood, tripe or bones.
2.90
FORESTRY USE, shall mean the use of land for the raising and harvesting of wood and
without limiting the generality of the foregoing, may include the raising and cutting of fuel
wood, pulp wood, lumber, Christmas trees, and other forest products.
Page 18 of 103
2.91
FUNERAL HOME, shall mean a building where preparation of the deceased human body
for interment or cremation is undertaken.
2.92
GAME PRESERVE, shall mean any lands, buildings, or structures where wild animals,
birds, waterfowl or fish are kept for the purpose of hunting for food or for sport.
2.93
GARAGE, PRIVATE OR CARPORT, shall mean a building or portion of the building
designed for the storage of not more than three (3) private motor vehicles and the storage
of household equipment incidental to residential occupancy, but does not include a
portable garage
2.94
GARAGE, PORTABLE shall mean a structure designed to be assembled and
disassembled consisting of a wood, metal, or composite frame and fabric shell
intended for the storage of motor vehicles and/or associated outdoor household
equipment, including but not limited to snow blowers and shovel
2.95
GARAGE, PUBLIC, shall mean a building or structure other than a private garage where
motor vehicles are kept and stored for remuneration or repair, including the complete
repair to motor vehicle bodies, frames, or motors, and the painting, upholstering, washing,
and cleaning of such vehicles, and may include a motor vehicle service establishment,
but does not include an automatic car washing establishment, a motor vehicle sales lot or
an automobile service station.
2.96
GARDEN SUITE, shall mean a one-unit, detached residential structure, containing
bathroom and kitchen facilities, that is accessory to an existing residential structure and
is designed to be portable and temporary.
2.97
GARDEN SUPPLY CENTRE, shall mean the use of land, buildings or structures for the
purpose of buying, selling and raising of plants, shrubs and trees and includes the storage
and sale of accessory products generally used for landscaping and gardening purposes.
2.98
GAS, shall mean natural gas, manufactured gas, propane-arc gas, or any mixture of the
gases listed in this definition.
2.99
GOLF COURSE, shall mean a public or private area operated for the purpose of playing
golf including a par three golf course, driving range, miniature golf course, or combination
thereof.
2.100
GRADE LEVEL, shall mean, when used with reference to a building, the average elevation
of the finished surface of the ground where it meets the exterior of such building; when
used with the reference to a structure means the average elevation of the finish grade of
the ground immediately surrounding such structure, exclusive in both cases of any
artificial embankment; and when used with reference to a road, shall mean the elevation
of the road established by the authority having jurisdiction.
2.101
GRAIN HANDLING AND STORAGE FACILITIES, shall mean buildings and structures
used for the purpose of drying, processing, storage, and/or wholesale trade of harvested
agricultural grains.
2.102
GREENHOUSE, shall mean any building or structure where fruits, vegetables, flowers,
trees, shrubs or plants are produced by controlled temperature and/or humidity for the
purpose of selling such products, and which may include a garden centre as a commercial
accessory use.
Page 19 of 103
2.103
GROUP HOME, shall mean a single housekeeping unit in a residential dwelling in which
three to ten residents (excluding supervisory staff or the receiving persons) live as
occupants under responsible supervision consistent with the requirements of its residents.
2.104
GROUP HOME, TYPE 1, shall mean a residence licensed, supervised, approved, or
funded under a federal or provincial statute for the accommodation of three to ten persons,
excluding staff, living under responsible supervision in a single housekeeping unit and
who, by reason of their intellectual, mental health, social or physical condition or legal
status, require a group living arrangement for their wellbeing. A Group Home Type 1 may
include children or youth on probation under provincial or federal statute, but does not
include a Group Home Type 2, as defined by this By-law.
2.105
GROUP HOME, TYPE 2, shall mean a residence that is maintained or operated under a
federal or provincial statute for the accommodation of up to ten persons, excluding staff,
primarily for: persons who have been placed on probation or released on parole under
provincial or federal statute; or, youth who have been placed in detention or custody. A
Group Home Type 2 may include a Group Home Type 1.
2.106
HAZARD LAND, shall mean land which exhibits, or potentially exhibits, a hazardous
condition as a result of its susceptibility to flooding, erosion, subsidence, inundation, or the
presence of organic soils or steep slopes, and where the cost of construction of
satisfactory waterworks, sewage or drainage facilities is prohibitive.
2.107
HEIGHT, shall mean, when used with reference to a building our structure, the vertical
difference between the horizontal plane through grade level and horizontal plane through:
a) The highest point of the roof assembly in the case of a building with a flat roof
or deck roof;
b) The average level of a one slope roof, between ridge and the eaves, providing
that such roof having a slope of less than 20 degrees with the horizontal shall
be considered a flat roof;
c) The average level between eaves and ridges in the case of a roof type not
covered in Section a) and b).
2.108
HIGHWAY MAINTENANCE YARD, shall mean any lands, buildings or structures used for
the storage of road maintenance vehicles and supplies and is owned by the Municipality,
County or the Province of Ontario.
2.109
HOME OCCUPATION, shall mean an occupation for gain or support conducted only by
persons residing on a lot on which the home occupation is conducted and not more than
two employees who are not residents of the property.
2.110
HOME OCCUPATION, AGRICULTURAL, shall mean an occupation for gain or support,
accessory to an agricultural use or residential use, which is conducted by only persons
residing on the premises and not more than two employee who is not a resident of the
property.
2.111
HOSPITAL, shall mean a hospital as defined by the Private Hospitals Act, and a
sanatorium as defined by the Private Sanatorial Act, and a hospital as defined by the
Public Hospitals Act.
2.112
HOTEL, shall mean any hotel, tavern, inn, lounge, or public house in one main building or
in two or more buildings used primarily for the purposes of catering to the needs of the
Page 20 of 103
travelling public by supplying food and furnishing sleeping accommodations of not less
than six (6) guest rooms, which guest room contained no provisions for cooking, and shall
include all such buildings operating under the Liquor License Act, and the Tourist
Establishments Act, as amended from time to time.
2.113
INDUSTRIAL USE, GENERAL, shall mean the use of land, buildings, or structures, or
portions thereof, for the purpose of manufacturing, assembling, making, preparing,
inspecting, ornamenting, finishing, treating, altering, repairing, distributing, warehousing,
storing, or adapting for sale any goods, substance, article or thing, including the storage
of building and construction equipment and materials but not including any mine, pit,
quarry or oil well and where the waste water discharged from such activities are limited
to those facilities designed, used, or intended for the exclusive use of employees only,
and to those facilities use for cooling, or pressure testing of equipment, the washing of
accessory vehicles, and similar accessory use.
2.114
INDUSTRIAL USE, LIGHT, shall mean the use of a building, or portion thereof, for the
manufacturing, assembling, or processing of component parts to produce finished
products suitable for retail, wholesale or service trade and includes repairing, servicing,
distributing, warehousing, storing or adopting for sale any good, substance, article or
thing, and where the waste water discharges from such activities are limited to those
facilities designed, used or intended for the exclusive use of employees only, and to those
facilities used for cooling or pressure testing of equipment, the washing of accessory
vehicles, and similar accessory uses. A light industrial use however shall not include
operations that create a nuisance as a result of the emission of any noise or air pollution
that can be smelled, heard or otherwise detected outside of the building or structure in
which the use is situated.
2.115
INSTITUTIONAL USE, shall mean the use of land, buildings or structures, or portion
thereof, for public or social purposes but not for commercial purposes and, without limiting
the generality of the foregoing, may include governmental, religious, educational,
charitable, philanthropic, or other similar but non-commercial uses.
2.116
LABORATORY, MEDICAL/DENTAL, shall mean a building, or part thereof, used for
medical and/or dental testing, medical and/or dental experimentation and medical and/or
dental research.
2.117
LANDING STRIP, shall mean the use of land for the landing and taking off of aircraft.
2.118
LANDSCAPED OPEN SPACE, shall mean an area not built upon and not used for any
purpose other than as a landscaped area which may include grass, shrubs, flowers, trees
and similar types of vegetation and appurtenances, but does not include parking areas,
parking lots, driveways or ramps.
2.119
LANE or ALLEY, shall mean a public thoroughfare which affords a means of access to
abutting lots but which is not intended for general traffic circulation.
2.120
LAUNDRY ESTABLISHMENT, shall mean a building, or part thereof, in which the
business of a laundry is conducted on the ground floor, in which only water and detergent
are used, and the drying, ironing, and finishing of such goods are conducted, which emits
no odours, fumes, noise or vibration causing a nuisance or inconvenience within or
outside the premises. A laundry establishment may include a self-service, coin operated
laundromat.
2.121
LICENSED CANNABIS PRODUCTION FACILTIES, shall mean the use of land, buildings
Page 21 of 103
or structures for the cultivation, processing, testing, destruction, packaging and/or
shipping of cannabis or marihuana as approved and regulated in accordance with the
Cannabis Act.
2.122
LIBRARY, shall mean a building, or part thereof, used for the public display and lending
of books, and other reading and audio visual materials to the public, which is operated by
a public authority.
2.123
LIVESTOCK, shall mean animals kept for use, for propagation, or for intended profit or
gain and, without limiting the generality of the foregoing, may include cattle, horses, swine,
sheep, laying hens, chickens and turkey broilers, turkeys, goats, geese, ducks, mink,
rabbit, deer, emu, llama and any other animals which may be included by a Minimum
Distance Separation formula, but excludes animals such as pets raised or housed for
recreational or hobby purposes.
2.124
LIVESTOCK SALES BARNS AND MARKETING YARDS, shall mean the lands, buildings,
and structures where livestock and agricultural produce is stored temporarily for the
purpose of wholesale trade, and may include the offices of such personnel employed on
the premises.
2.125
LOADING SPACE, shall mean a space or bay located on a lot which is used or intended
to be used for the temporary parking of any commercial vehicle while loading or unloading
goods, merchandise or materials used in connection with the main use of the lot or any
building thereon, and which has unobstructed access to a street or lane.
2.126
LOT, shall mean a parcel or tract of land:
a) Which is the whole of a lot on a registered plan of subdivision, so long as
such registered plan is not deemed, pursuant to Section 49 (4) of the
Planning Act, as amended, from time to time, or any predecessor or
successor of such Section, not to be a registered plan of subdivision; or
b) Which is all of the land held or owned under distinct and separate
ownership from the ownership of the fee or equity of redemption in abutting
land.
2.127
LOT AREA, shall mean the total horizontal area within the lot lines of a lot, except in the
case of a corner, lot area of such lot shall be calculated as if the lot lines were projected
to the intersection.
2.128
LOT CORNER, shall mean the lot situated at the intersection of, and abutting upon, two
(2) roads, which are at least ten (10) metres wide, and which intersect at an angle of not
more than 135 degrees.
2.129
LOT COVERAGE, shall mean the percentage of the area of any lot upon which buildings
or structures are erected or permitted to be erected (excluding outdoor swimming pools,
patios, outside storage of goods and materials, fences, signs, satellite dishes and parking
areas) measured at grade level including all porches and verandas, open and unenclosed
terraces at grade, steps, decks, bay windows, and chimneys.
2.130
LOT DEPTH, shall mean the horizontal distance between the front and rear lot lines. If
these lines are not parallel, it shall be the length of a straight line joining the midpoints of
the front lot line and the rear lot line. When there is no rear lot line, lot depth shall mean
the length of a straight line joining the middle of the front by the side lot lines.
Page 22 of 103
2.131
LOT FRONTAGE, shall mean the horizontal distance between the side lot lines of a lot
measured at right angles. Where such side lot lines are not parallel the lot frontage shall
be measured perpendicularly to the line joining the centre of the front and the centre of
the rear lot lines at a point six (6.0) metres back from the front line, and where such side
lot lines meet, the lot frontage shall be measured perpendicularly to the line joining the
apex of the triangle formed by the side lot lines and a point of six (6.0) metres back from
the front lot line.
2.132
LOT INTERIOR, shall mean a lot other than a corner lot and having access to one street.
2.133
LOT LINES, shall mean the boundary line of a lot defined as follows:
a) FRONT LOT LINE, shall mean, except in the case of a corner lot, the line
dividing the lot from the road. In the case of a corner lot the shorter
boundary line abutting the road shall be deemed the front lot line and the
longer boundary line abutting the road shall be deemed the side lot line. In
case each of such lot lines should be of equal length the front lot line shall
be deemed to be the front lot line as established in the block by prior
construction.
b) REAR LOT LINE, shall mean the lot line of a lot having four (4) or more lot
lines which is farthest from or opposite to the front lot line.
c) SIDE LOT LINE, shall mean a lot line other than a front lot line or rear lot
line. In the case of a corner lot from the street shall be deemed to be the
exterior side lot line and the other side lot line shall be deemed to be the
interior side lot line.
d) LOT, THROUGH, shall mean a lot bounded on two sides by roads, each of
which is 10 metres wide provided, however, that if any lot qualifies as being
both a corner lot and a through lot as herein defined, such lot shall be
conclusively deemed to be a corner lot.
2.134
LUMBER (BUILDING MATERIALS) YARD, shall mean the use of land, buildings, and/or
structures for the purposes of milling, storage, and wholesale sales of a broad range of
building materials and tools, which may include a retail operation.
2.135
MACHINE OR WELDING SHOP, shall mean a building or portion thereof where farm
equipment and machinery and/or small engines are serviced or repaired.
2.136
MAIN BUILDING, shall mean the building on a lot or portion thereof designed, used, or
intended for the permitted and principal use of the lot or part thereof.
2.137
MAIN WALL, shall mean the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
2.138
MANURE STORAGE AREA, shall mean land, buildings or structures used for the storage
of liquid or solid manure that is generated by livestock.
2.139
MARINA, shall mean an establishment where boats are stored, rented, or hired, and/or
where boats, boat motors, or boat accessories are sold, repaired, or refueled, and may
include a building or structure for the sale of accessories, supplies, and/or refreshments.
2.140
MARKET GARDEN OPERATIONS, shall mean the use of land, buildings, or structures
Page 23 of 103
for the purpose of selling fruits, vegetables and flowers, and which may include a retail
component as a commercial accessory use.
2.141
MEAT PACKING OPERATION, shall mean a building, or part thereof used for the
processing of meat, poultry, and fish products.
2.142
MINIMUM DISTANCE SEPARATION shall mean formulae and guidelines used to
determine minimum setbacks between a livestock facility and another land use, to
reduce incompatibility created by odour, that are developed by the Province, as
amended from time.
2.143
MINIMUM DISTANCE SEPARATION I, refers to the minimum distance separation for new
development from existing livestock facilities.
2.144
MINIMUM DISTANCE SEPARATION II, refers to the minimum distance separation for
new or expanding livestock facilities from existing or approved development.
2.145
MOBILE HOME, shall mean a building or structure designed to be transported after
fabrication, either on its own wheels, on a flatbed, on a separate trailer, or on detachable
wheels, and which is suitable for occupancy as a dwelling unit except for minor and
incidental unpacking and assembly operations, and placement on a mobile home stand,
and connection to utilities if available, and which may have an individual sewage holding
reservoir, or be capable of connection to a communal or public sewage disposal system,
but shall not include a modular home.
2.146
MOBILE HOME PARK, shall mean a lot or portion thereof used for the siting of mobile
homes and/or park model trailers and includes those uses, buildings and structures
accessory to the operation of the park and the needs of park residents.
2.147
MODULAR HOME, shall mean a house that is intended for residential purposes and that
is constructed by assembling manufactured modular units each of which comprises at
least one room or living area, has been manufactured to comply with the A277 series of
standards prescribed by the Canadian Standards Association, and bears the seal of that
Association attesting to such compliance.
2.148
MOTEL, shall mean a building, or two (2) or more detached buildings designed, used or
intended for the purpose of catering to the needs of the travelling public by furnishing
sleeping accommodation, with or without supplying food and beverages.
2.149
MOTOR HOME, shall mean a structure built on and made an integral part of a self-
propelled motor vehicle chassis, primarily designed to provide temporary living quarters
for recreation camping and travel use.
2.150
MOTOR VEHICLE, shall mean a wheeled self-propelled vehicle for the transportation of
passengers and goods and, without limiting the generality of the foregoing, may include
automobiles, trucks, buses, ambulances, hearses, motor homes and tractors.
2.151
MOTOR VEHICLE BODY SHOP, shall mean a building or structure where motor vehicles
are kept for repair including the complete repair to vehicle bodies, frames, chassis, or
motors and the painting, upholstering, glass replacement and cleaning of such vehicles.
2.152
MOTOR VEHICLE, DERELICT, shall mean a motor vehicle that is inoperable and has no
market value as a means of transportation.
Page 24 of 103
2.153
MOTOR VEHICLE SALES ESTABLISHMENT, shall mean the use of land, buildings, or
portion thereof, where motor vehicles are hired, kept or used for hire, or where such
vehicles and accessories are stored or kept for sale, and where motor vehicles may be
oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries
charged, or where minor repairs essential to the actual operation of motor vehicles are
executed or performed.
2.154
MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building, or portion
thereof, or clearly defined space on a lot where gasoline, propane, oil, grease, anti-freeze,
tires, light bulbs, spark plugs, batteries and similar items for motor vehicles are sold; and
where motor vehicles may be oiled, greased or washed, or have their ignitions adjusted,
tires inflated or batteries charged, and where only minor or running repairs essential to the
actual operation of motor vehicles are executed or performed.
2.155
MUNICIPAL DRAIN, shall mean drainage works as defined by the Drainage Act, as
amended, from time to time.
2.156
MUNICIPALITY, shall mean the Corporation of the Municipality of Dutton Dunwich.
2.157
NON-AGRICULTURAL, when used with reference to a building, structure, or use, shall
mean, designed intended or used for purposes other than those of an agricultural use.
2.158
NON-COMPLYING, shall mean a building or structure that does not comply or agree with
the regulations of this bylaw as of the date of passing thereof.
2.159
NON-CONFORMING, shall mean a use, building or structure which is not a use, building
or structure permitted in the zoning in which the said use, building, or structure is situated.
2.160
NON-RESIDENTIAL, when used with reference to a building, structure or use, shall mean
designed, intended or used for purposes other than those of a dwelling.
2.161
NURSING HOME OR REST HOME, shall mean a building in which the proprietor supplies
and/or provides for hire or gain lodging, (with or without meals), nursing, medical or similar
care and treatment, if required and shall include a convalescent home and includes a
senior citizen dwelling.
2.162
OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary
basis.
2.163
OFFICE, GENERAL, shall mean any building or part of a building in which one (1) or more
persons are employed in the management, direction or conducting of an agency,
business, labour, or fraternal organization, but excludes such uses as retail sale,
manufacture, assembly or storage of goods, or places of assembly and amusement.
2.164
OFFICE, PROFESSIONAL, shall mean any office used by professionally qualified
persons, for the purposes of giving advice, consultation or treatment of clients or patients.
2.165
OIL, shall mean crude oil, and includes any hydrocarbon that can be recovered in liquid
form from a pool through a well.
2.166
ON-FARM DIVERSIFIED USES, shall mean uses that are secondary to the primary
agricultural use of the property, and are limited in area. On-farm diversified uses include,
but are not limited to, home occupations, home industries, agri-tourism uses, and uses
that produce value-added agricultural products.
Page 25 of 103
2.167
OUTSIDE STORAGE, shall mean the storage of goods, materials, or equipment in the
open air on a lot or portion thereof.
2.168
OWNER, shall mean the person who holds legal title to a piece of property.
2.169
PARKING LOT, shall mean a lot or portion thereof, used or intended for the temporary
parking of two (2) or more vehicles and may include aisles, parking spaces and related
entrance and exit lanes, but shall not include any part of a road.
2.170
PARKING SPACE, shall mean a space, whether or not enclosed, exclusive of aisles,
entrance and exit lands, accessible to a road and designed, used or intended for the
purpose of the temporary parking or storage of a motor vehicle.
2.171
PARK, PRIVATE, shall mean a park not open to the general public and may be operated
for commercial gain.
2.172
PARK, PUBLIC, shall mean an area of open land, maintained or owned by the Municipality
or a public authority for the enjoyment, health and wellbeing of the public and normally
open to the public.
2.173
PATIO, shall mean a platform made of wood, concrete or other similar material, that has
a height of 20.32 cm (8 in) or less above average grade, projecting from a building or
freestanding, open to the sky, and intended for the purpose of outdoor dining, lounging,
and other similar accessory uses.
2.174
PERMITTED, shall mean permitted by this By-law.
2.175
PERSONAL SERVICE SHOP, shall mean a building, or part thereof, in which persons are
employed in furnishing services and otherwise administering to the individual and personal
needs of persons, comprising the premises of a barber, hairdresser, beautician, tailor,
dressmaker and/or shoemaker. The sale of merchandise shall be permitted only as an
accessory use to the personal service provided.
2.176
PERSONS, shall include an individual, an association, a firm, a partnership, an
incorporated company, municipal corporation, agent, or trustee and their heirs, executors,
or other legal representatives of a person to whom the context of this By-law applies
according to law.
2.177
PETROLEUM RESOURCE OPERATIONS shall mean oil, gas and salt wells and
associated facilities and may include facilities for underground storage of natural gas
and other hydrocarbons subject to the Oil, Gas and Salt Resources Act and associated
regulations.
2.178
PIT, shall mean any opening, quarrying, or excavation of or in the ground for the purpose
of removing soil, rock, sand, gravel, earth, clay, or limestone and the processing thereof
for commercial purposes including screening, sorting, washing, crushing, and other similar
operations, required buildings and structures, as permitted under the Aggregate
Resources Act but does not include a water well, oil well, natural gas well, or wayside pit.
2.179
PITS AND QUARRIES, WAYSIDE, shall mean a temporary pit or quarry opened and used
by a public road authority on the basis of a permit issued pursuant to the Aggregate
Resources Act, as amended, solely for the purpose of a particular project or road
construction contract and not located on the road right-of-way.
Page 26 of 103
2.180
PLACE OF ENTERTAINMENT, shall mean a building or part thereof used for the
purposes of an arena, auditorium, public hall, billiard or pool rooms, bowling alley, ice or
roller rink but does not include other places of amusement not specifically listed.
2.181
PLACE OF WORSHIP, shall mean a building, including but not limited to a chapel,
church, gurdwara, longhouse, mandir, mosque, synagogue and temple, used for religious
worship and related religious, social and charitable activities, and may include as an
accessory use within the place of worship, a hall, auditorium, office of a faith leader, or a
dwelling unit for a faith leader. A church or church hall is a place of worship.
2.182
PLANT NURSERY, shall mean the use of land, buildings, or structures, or portions thereof,
where trees, shrubs, or plants are grown for the purposes of transplanting, for use as
stocks for building or grafting, or for the purpose of retail or wholesale trade.
2.183
PORCH, shall mean a roofed, open gallery, or portico attached to the exterior of a building.
2.184
PORTABLE ASPHALT PLANT, shall mean a facility with equipment designed to heat and
dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving
material, and includes stockpiling and storage of bulk materials used in the process, and
which is not of permanent construction, but which is to be dismantled at the completion of
the construction project.
2.185
POST OFFICE, shall mean a building, or part thereof where communications and postal
services are provided to both businesses and the public such as fax machines, mailboxes,
internet links, and/or package shipping and receiving.
2.186
PUBLIC AUTHORITY, shall mean: The Municipality; Any department or Ministry of the
Government of Canada or the Province of Ontario; The County of Elgin; Any agency,
board, commission, committee or other body established or exercising any power or
authority under any general or special statute of Ontario with respect to any of the affairs
or purposes of the Municipality or a portion thereof, and includes any committee or local
authority established by By-law of the Council of the Municipality.
2.187
PUBLIC UTILITY, shall mean any electric power, telephone, telegraph, railway, or natural
gas company or public authority.
2.188
PUBLIC WATER SUPPLY, shall mean a system of underground piping and related
storage, pumping, and treatment facilities, operated by a public authority for public use,
and to which a lot has access to make connection thereto.
2.189
PUBLISHING AND PRINTING ESTABLISHMENT shall mean a building, or part thereof
used for the purpose of printing, lithographing, or publishing, and which may include the
reproduction of visual copy by blueprinting, photocopying, or small offset process.
2.190
RECREATIONAL FACILITIES, shall mean a building or portion thereof designed and
intended to accommodate one or more leisure or sporting activities and shall include an
arena, aquatic centre, tennis, squash and racquetball courts, dance studios and fitness
centres.
2.191
RECREATIONAL USE, ACTIVE, shall mean the use of land, water and/or building for the
purpose of organized active leisure activities and shall include an arena, a golf course and
a sports field, and motorized vehicle trails.
2.192
RECREATIONAL USE, PASSIVE, shall mean the use of land and/or water for the purpose
Page 27 of 103
of passive leisure activity and shall include a park, a garden, a picnic area and the like,
equestrian and hiking trails, as well as a play lot with activity equipment for children.
2.193
RENDERING PLANT, shall mean a building, or part thereof, where any animals are
reduced, converted, or otherwise processed for the purpose of producing agricultural by-
products, but shall not include an abattoir.
2.194
RENEWABLE AND ALTERNATIVE ENERGY SYSTEMS AND FACILITIES, SMALL
SCALE, as defined by the Province, shall be intended primarily for on-site energy
production and use shall be permitted in any Zone as an accessory use.
2.195
RENEWABLE AND ALTERNATIVE ENERGY SYSTEM AND FACILITIES, LARGE
SCALE, as defined by the Province, shall be intended for solar, wind and biogas/biofuel
energy systems for electricity production.
2.196
RESIDENTIAL USE, shall mean the use of a building or structure, or portion thereof, as a
dwelling.
2.197
RESTAURANT, shall mean a building or portion thereof designed, used or intended for
the servicing of food or refreshments to the general public where the serving and
consumption of food or refreshment takes place entirely within such building and may
include a dining lounge licensed under the Liquor License Act, as amended, from time to
time, or at temporary outside tables, immediately adjacent to such building.
2.198
RESTAURANT, DRIVE-IN OR TAKEOUT, shall mean a building, or portion thereof,
designed, used or intended for the sale of food or refreshments to general public, and
where such food or refreshments may be made available to a person while in their motor
vehicle or while within the building, and where provision is made for the consumption of
such food or refreshments by the customer while their motor vehicle, within the building,
or elsewhere on the site.
2.199
RETAIL STORE, shall mean a building, or portion thereof, designed, used, or intended for
the selling or buying of goods, wares, merchandise, articles, or things at retail or the
providing of the service primarily to, or from, the general public, in uses accessory thereto,
but excludes any commercial use or establishment permitted by or defined elsewhere in
this By-law.
2.200
RIDING STABLE, shall mean an establishment that offers horses for hire or for instruction
in horsemanship.
2.201
RIFLE RANGE AND TRAP SHOOTING RANGE OR CLUB, shall mean lands, buildings
and structures used for the purpose of discharging firearms or any other weaponry at a
non-living fixed or moving target for the purpose of practice or enjoyment, but does not
include a game preserve.
2.202
ROAD, shall mean a common and public road, street, lane, highway or commons vested
in the Municipality, the County, the Province of Ontario or any other public authority having
jurisdiction over the same, and includes a bridge or any other structure forming part of a
road on, over, or across which a road passes.
2.203
ROAD, PRIVATE, shall mean a right-of-way existing on the day of passing of this Bylaw,
which has not been dedicated as a street or accepted or assumed by the Corporation of
the Municipality of Dutton Dunwich, but is owned privately and which affords the principal
means or access to abutting, separately owned, legally conveyable parcels of land.
Page 28 of 103
2.204
SANITARY SEWAGE FACILITIES, MUNICIPAL, shall mean a publicly-owned and
operated system whereby sanitary sewage is pumped, transported or piped from any or
all buildings in the municipality to a central collection station for processing and discharge
pursuant to the regulations of the Province.
2.205
SAWMILL, shall mean an establishment where lumber is cut by machines into boards for
the purpose of wholesale trade, and which may include a retail component.
2.206
SCHOOL, shall mean a building or portion thereof under the jurisdiction of a board as
defined by the Department and Education Act, as amended, from time to time, designed,
used, or intended as a school, college, university or for any other educational purposes
and, without limiting the general policy of the foregoing, may include a nursery school or
a boarding school having accessory dormitory facilities.
2.207
SCHOOL, PUBLIC, shall mean a school operated by and under the jurisdiction of a public
authority.
2.208
SCHOOL, PRIVATE, shall mean a school, other than an elementary school, secondary
school, adult secondary school, community college school, university school or a
commercial school, under the jurisdiction of a private board of directors, trustees, or
governors, a religious organization or a charitable institution, used primarily for the
instruction of students receiving primary and/or secondary education.
2.209
SERVICE SHOP, shall mean a building or portion thereof where appliances and
household machinery are sold, serviced, or repaired and may include the business
premises of the tradesmen such as a carpenter, an electrician, a plumber and similar
trades but excludes any manufacturing, processing or wholesaling.
2.210
SELF-STORAGE FACILITY, shall mean a building divided into individual self-contained
storage units, which are available to the public exclusively for the storage of their
equipment or goods, and may include in combination with the lease or rental of a motor
vehicle or trailer for the purpose of moving equipment or goods, the lease, rental, or sale
of accessories, equipment, materials, or supplies for the purpose of packing, moving,
storage, or towing, faxing, mailbox, packing, and the provision of mailbox, packing,
shipping, or shredding services.
2.211
SETBACK, shall mean the horizontal distance from a straight line, or point along an
irregular line, measured at right angles in the case of a straight line, or a determined point
in the case of an irregular line, to the nearest part of any building or structure on a lot.
2.212
SHALL, shall always be construed as mandatory.
2.213
SHELTER, shall mean a lodging house used exclusively for the provision of temporary
accommodation to individuals and/or those who are in need of ancillary health care,
counselling and social support services.
2.214
SHORT TERM ACCOMODATION, shall mean primary private residential dwelling (or
part of dwelling), vacation home or bed and breakfast establishment, that is rented to
provide accommodations to a person or persons on a temporary basis for a period of less
than 30 days and to which the Residential Tenancies Act, 2006, S.O. 2006, c.17, as may
be amended from time to time, does not apply. Short-Term Accommodations do not
include seasonal dwellings, hotels, motels, lodges or other commercially zoned
accommodations used for the travelling public
Page 29 of 103
2.215
SHOPPING PLAZA, shall mean a building or group of buildings designed, built, and/or
managed as a unit with parking provided on the lot on which the building or group of
buildings is situated and which building or buildings contained five or more separate and
distinct retail stores.
2.216
SIGN, shall mean a name, identification, description, device, display, or illustration which
is affixed to, or represented directly or indirectly upon a building, structure or lot and which
directs attention to an object, product, place, activity, person, institution, organization or
business.
2.217
STOREY, shall mean the portion of a building, other than the basement, which lies
between the surface of the next floor above it, or if there is no floor above it, then the
space between such floor in the ceiling or roof next above it.
2.218
STOREY, FIRST, shall mean the lowest storey of a building excluding the basement or
cellar.
2.219
STOREY, HALF, shall mean the portion of a building located wholly or partly within a
sloping roof, having side walls not less than one (1) metre in height, or ceiling with the
minimum height of two (2) metres over an area equal to at least fifty (50) percent of the
area of floor next below.
2.220
STREET, refer to the definition of Road.
2.221
SHIPPING CONTAINERS, shall mean a standardized reusable vessel that was originally,
specifically or formerly designed for or used in the packing, shipping, movement or
transportation of freight, articles, goods or commodities; and/or designed for or capable
of being mounted or moved on a rail car, truck trailer/chassis, or ship.
2.222
STREET ARTERIAL OR ROAD ARTERIAL, shall mean a street or road under the
jurisdiction of the Province of Ontario or the County of Elgin and may mean a street or
road under the jurisdiction of the Municipality of Dutton Dunwich.
2.223
STREET LINE shall mean the limit of road allowance and is the dividing line between a
road and a lot.
2.224
STRUCTURE, shall mean any material, object, or work erected as a unit or constructed
or put together of connected or dependent parts or elements whether located under, on,
or above the surface of the ground, but shall not include a sign, fence, or boundary wall.
2.225
SUPPLEMENTARY FARM DWELLING, shall mean a single detached dwelling located on
a farm, which due to its size and nature of operation requires additional farm labour, and
is used for the accommodation of such persons employed as additional farm labour.
2.226
TAVERN, shall mean an establishment operating under Liquor License Act, as amended
from time to time, where alcoholic beverages are sold for consumption on the premises.
2.227
TAXI SERVICE ESTABLISHMENT, shall mean lands, buildings, and structures used as a
dispatch office or intended for the parking of taxis and/or limousines when not engaged in
transporting persons or goods.
2.228
TEMPORARY BUILDING, shall mean a building or structure used on a temporary basis
for a short-term requirement.
Page 30 of 103
2.229
TILLABLE HECTARES/ACRES, shall mean the total area of land including pasture that
can be worked or cultivated following the "Best Management Practices" as established by
the Province.
2.230
TOP OF BANK, shall mean the highest point of the valley walls as determined by a 3:1
(run:rise) elevation, which begins 15 metres back from the top of bank of the watercourse.
2.231
LODGING HOUSE, refer to the definition of Boarding House.
2.232
TRAILER, PARK MODEL, shall mean a building or structure that is built on a single
chassis mounted on wheels and which is capable of complete relocation; and which is
designed for use as a seasonal dwelling; and which shall be connected to communal or
municipal services and utilities necessary for operation of installed fixtures and
appliances; and which shall not have a gross floor area that exceeds 50 m², nor a width
that is greater than 2.6 metres.
2.233
TRAILER, TRAVEL, shall mean a vehicle, including a camping trailer, designed, used, or
intended for the living, sleeping, eating, or accommodation of persons therein for seasonal
recreational travel; and which is either self-propelled or constructed such that it is suitable
for being attached to a motor vehicle for the purpose of being drawn or propelled by the
motor vehicle.
2.234
TRUCK CAMPER, shall mean a portable structure designed to be loaded onto, or affixed
to, the bed or chassis of a truck, and capable of providing temporary living quarters for
recreation, camping or travel use.
2.235
TRUCK TERMINAL, shall mean the use of land, buildings, or structures, or portions
thereof, where transports are stored, rented, leased, kept for hire, or parked for
remuneration or from which trucks or transports are dispatched as common carriers, or
where goods are stored temporarily for further shipment.
2.236
USE, shall mean, when used as a noun, the purpose for which any land, building our
structure is designed, used, or intended to be used, or for which is occupied, used or
maintained. When used as a verb, or as in the expression "to use", shall mean anything
done or permitted to be done by the owner or occupant of any land, building or structure,
directly or indirectly, or by or through any trustee, tenant, servant, or agent, acting for or
with the knowledge or consent of such owner or occupant, for the purpose of making use
of the said land, building, or structure.
2.237
UTILITY STATION, shall mean the use of land, buildings, or structures by a public utility
in connection with the supply and distribution of utilities and, without limiting the generality
of the foregoing, may include a water or sewage pumping station, a water storage
reservoir, an electric power transformer station, a telephone repeater station, but excludes
a waste disposal site or transmission utility corridor.
2.238
VARIETY STORE, shall mean a retail store where a variety of both household and grocery
items or offered for sale primarily to serve the daily needs of people and may include the
rental of videos, an automated banking machine and/or depots for such items as film,
laundry or dry cleaning and an area devoted to food preparation for consumption on or off
the premises, provided the gross floor area for the sale of prepared food does not exceed
10% of the gross floor area.
2.239
VACATION HOME, shall mean a secondary private residential dwelling (or part of
dwelling) separate from the owner's primary private residential dwelling.
Page 31 of 103
2.240
WAREHOUSE, shall mean a building or portion thereof designed, used, or intended for
the storage of goods, wares, merchandise, articles, or things that may include the selling
or distribution thereof at wholesale.
2.241
WASTE DISPOSAL SITE, shall mean any land or land covered by water, licensed under
the provisions of the Environmental Protection Act, as amended, from time to time, upon,
into, or through which, or building or structure in which, waste is deposited or processed,
and any machinery and equipment or operation required for the treatment or disposal of
waste.
2.242
WATER FRONTAGE, shall mean the boundary of a lot directly abutting an original
shoreline reserve or a front lot line.
2.243
WATER SUPPLY COMMUNAL, shall mean a privately owned and operated system
whereby water is piped to more than one (1) dwelling unit, or to more than one (1)
commercial use, or to more than one (1) institutional use, or combination thereof, situated
on separate lots.
2.244
WATER WELL-HIGH YIELD, shall mean a hole and any structure appurtenant thereto,
drilled into a geological formation of Cambrian or more recent age, with a yield of 3.8 litres
of water per second or greater.
2.245
WELL, shall mean a hole and any structure appurtenant thereto, drilled into a geological
formation of Cambrian or more recent age, for the production of potable water, but does
not include a well where gas, oil, or salt water is encountered.
2.246
WETLANDS, shall mean lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface.
2.247
WETLANDS, SIGNIFICANT, shall mean lands that are seasonally or permanently
covered by shallow water, as well as lands where the water table is close to or at the
surface and the lands are identified provincially significant by the Province using
applicable evaluation procedures.
2.248
WOODLANDS, shall mean treed areas that provide environmental and economic benefits
such as erosion prevention, water retention, and provision of habitat, recreation and the
sustainable harvest of woodland products. Woodlands include treed areas, woodlots or
forested area and vary in their level of significance.
2.249
WOODLANDS, SIGNIFICANT, shall mean treed areas that provide environmental and
economic benefits such as erosion prevention, water retention, and provision of habitat,
recreation and the sustainable harvest of woodland products and that have been
identified by the Province using applicable evaluation procedures.
2.250
WRECKING YARD, shall mean an establishment with a commercial wrecking license
where goods, wares, merchandise, substances, or articles are stored wholly or partly in
the open and includes a junk, scrap metal or salvage yard and an automobile wrecking
yard.
2.251
YARD, shall mean a space, appurtenant to a building or structure, located on the same lot
as the main building or structure, and which space is open, structurally uncovered and
unoccupied from the ground to the sky except for such accessory buildings, structures, or
uses as are specifically permitted by this By-law.
2.252
YARD, FRONT, shall mean a yard extending across the full width of the lot between the
Page 32 of 103
front lot line of the lot and the nearest main wall of any main building or structure on the
lot. The front yard depth means the least horizontal dimension between the front lot line
of the lot and the nearest main wall of any main building or structure on the lot.
2.253
YARD, REAR, shall mean a yard extending across the full width of a lot between the rear
lot line of the lot and the nearest main wall of any main building or structure on the lot.
Rear yard depth means the least horizontal dimension between the rear lot line of the lot
in the nearest main wall of the main building or structure on the lot.
2.254
YARD, SIDE, shall mean a yard extending from the front yard to the rear yard and from
the side lot line to the nearest main wall of any main building or structure on the lot. Side
yard width means the least horizontal dimension between the side lot line of the lot and
the nearest main wall of any main building or structure on the lot.
2.255
YARD SIDE EXTERIOR, shall mean a side yard immediately adjoining a road or a side
yard of an irregular shaped lot without a rear lot line in a residential zone.
2.256
YARD, SIDE INTERIOR, shall mean a side yard other than an exterior side yard.
2.257
ZONE, shall mean an area delineated on the zoning map and established and designated
by this By-law for a specific use.
2.258
ZONING MAP, shall mean a map or maps incorporated in this By-law and showing
graphically the location, size and boundaries of zones established by this By-law together
with other explanatory text and symbols.
Page 33 of 103
SECTION 3
ZONING MAPS
3.1
ESTABLISHMENT OF ZONES
For the purpose of the By-law, the maps hereto attached as Schedule "A" Map 1 - 16
inclusive, Schedule "B" Map 1-2 inclusive, Schedule "C", Schedule "D", Schedule "E"
and Schedule "F" shall be referred to as the "Zoning Maps" for the Municipality of
Dutton Dunwich and the zoning maps may be divided into one or more of the following:
Zone
Symbol
Agricultural
A1
Special Agricultural
A2
Large Lot Agricultural
A3
Hamlet Residential
HR
Rural Residential
RR
Special Rural Residential
RS
Limited Service Residential
LSR
Village Residential 1
VR1
Village Residential 2
VR2
Hamlet Commercial
HC
Highway Commercial
C1
Village General Commercial
VC1
Village Local Commercial
VC2
Farm Industrial / Commercial
M1
Rural Industrial
M2
Extractive Industrial
M3
Village Industrial
M4
Institutional
I
Open Space
OS
Parkland
P
Lakeshore Recreation
LR
Environmental Protection
EP
Public Utility
U
Temporary Use
T
3.2
USE OF ZONE SYMBOLS
The symbols listed in Section 3.1 shall be used to refer to land, buildings, and structures
and the uses thereof permitted by this By-law in the said zones, and wherever in this By-
law the word "zone" is used, preceded by any of the said symbols, such zones shall mean
any area within the Municipality delineated on the Zoning Map and designated thereon by
the said symbol.
3.3
HOLDING ZONES
Where a zone symbol listed in Section 3.1 is used in conjunction with the holding symbol
"h" as shown on any zoning map, no new land uses shall be established, and no buildings
or structures shall be erected or altered until the "h" symbol is removed in accordance with
the requirements of the Planning Act.
Unless otherwise specified the holding "h" symbol may be removed where the owner
demonstrates to the satisfaction of the Municipality of Dutton Dunwich that adequate water
and sanitary services are available for the proposed use(s).
Page 34 of 103
3.4
DEFINED AREAS
All zones may be subdivided into one (1) or more defined areas within which greater or
lesser restrictions shall apply. These defined areas shall be designated reference to the
symbol of the zone within which each such defined area is located together with a number
so as to differentiate different defined areas within the zone.
3.5
EXCEPTIONS FOR DEFINED AREAS
Within any zone there may apply exceptions with respect to a defined area and, in addition
to such exceptions, all provisions of this By-law including the general use regulations and
the special use regulations applicable to the zone within which the defined area is located
shall apply to the defined area, provided that, unless a contrary intention appears from the
exceptions, the following shall apply:
If the exceptions establish regulations different from the general provisions of this By-law,
including the general use regulations and special use regulations applicable to the zone
within which defined area is located, the exceptions shall supersede and prevail over such
corresponding regulations of this By-law;
If the exceptions establish one (1) or more specifically permitted uses of the defined area,
such permitted use or uses shall be the only purpose or purposes for which land, building
or structures within the defined area may be used; and
If the exceptions specifically permit one (1) or more uses in addition to those otherwise
permitted in the zone within which the defined area is located, any and all of the other
exceptions applicable to the defined area shall also apply to the additional permitted use
or uses and not only to the uses not otherwise permitted in the zone.
3.6
MULTIPLE ZONES
Where a lot is subdivided into more than one (1) zone, the regulations applicable to these
zones shall apply to the respective areas so zoned, and the zone lines shall be deemed to
be lot lines for the purposes of this By-law.
3.7
TEMPORARY USE ZONES
Where the temporary use "T" symbol is shown on a map schedule, the temporary use
described in Section 28 - Temporary Use (T) Zone is permitted, in addition to the uses
permitted in the applicable zone, for a period not exceeding three (3) years, or other
specified period, ending on the date listed in Section 28.2 - Defined Area and End Dates
and shown on the applicable map schedule.
3.8
INTERPRETATION OF ZONE BOUNDARIES
Where uncertainty exists as to the location of the boundary of any of the said zones as
shown on the zoning maps, the following shall apply:
a) Unless otherwise shown, the boundary of the zones as shown on the zoning maps are
center lines of the road allowance or lot lines and the projection thereof;
b) Where a zone boundary is indicated as approximately following a lot line shown on a
registered plan of subdivision, such lot lines shall be deemed to be the said zone
boundary;
c) Where a zone boundary is indicated as approximately parallel to the line of any road
and the distance from such road is not indicated, such zone boundary shall be
construed as being parallel to such road and the distance there from shall be
determined by the use of the scale shown on the zoning maps;
d) Unless otherwise indicated, a road, railway right-of-way, or water course included on
the zoning maps is included within the zone of the adjoining lands on either side
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thereof; and where such road, right-of-way, or water course serves as a boundary
between two or more different zones, a line midway in such road, right-of-way, or water
course and extending in the general direction of the long division thereof is considered
the boundary between zones unless specifically indicated otherwise;
e) In the event a road or railway right-of-way shown on the zoning maps is closed, the
land formerly in said road or right-of-way shall be on either side of the said closed road
or right-of-way, and the zone boundary shall be the former center line of the said closed
road or right-of-way;
f) Where any zone boundary is left uncertain after application of the preceding provisions,
then the boundary line shall be determined according to the scale on the zoning maps
in the office of the zoning administrator.
g) Were any zone boundary overlays a provincial highway under the jurisdiction of the
Province, the zone boundary shall be interpreted as abutting the designated ownership
of the provincial highway/corridor, and not overlapping onto the designated highway
property.
3.9
APPLICATION OF REGULATIONS
No person shall within any zone, use any land or erect, build, construct, reconstruct,
relocate, excavate for, alter, add to, enlarge, extend or use any building or structure,
except in conformity with this By-law for the zone in which such land, building, structure or
use is located.
3.10
OVERLAY ZONES
a) Lower Thames Valley Conservation Authority
Land regulated by the Lower Thames Valley Conservation Authority (LTVCA) pursuant
to Ontario Regulation 152/06 are shown in a diagonal hatch pattern on Zoning By-law
Schedules "A - F" for information purposes and labeled as "LTVCA regulated area".
These lands are flood prone lands, valley land hazards, watercourse setbacks Lake
Erie shoreline hazards, and adjacent lands associated with provincially significant
wetlands. Prior to the issuance of a building permit within these lands, a permit must
be issued by the Conservation Authority. Changes to these overlay boundaries may
occur without amending the Zoning By-law Schedules.
b) Provincially Significant Wetlands
Lands identified as Provincially Significant Wetlands by the Province pursuant to the
Provincial Policy Statement 2020 are shown in a bold hatch pattern and labeled as
"Provincially Significant Wetland" on Zoning By-law Schedules "A - F" for information
purposes. Development and site alteration are not permitted within these areas.
Within 120 m of these areas, development and site alteration may be permitted where
the proponent/owner demonstrates there will be no negative impacts on the wetland or
its ecological functions by completing and receiving approval of a study by a qualified
company. Prior to the issuance of a building permit within these lands, a permit must
be issued by the Lower Thames Valley Conservation Authority (LTVCA). Changes to
these overlay boundaries may occur without amending the Zoning By-law Schedules.
Page 36 of 103
SECTION 4
GENERAL PROVISIONS
4.1
APPLICATION
The provisions of this Section apply in all zones except as may be indicated otherwise.
Nothing in this By-law shall operate to relieve any person from the obligation to comply with
the requirements of the Building By-law or any other By-law of the Municipality in force
from time to time or the obligation to obtain any license, permit, authority or approval
required under any by-law of the Municipality.
4.2
ACCESSORY USES, BUILDINGS AND STRUCTURES
Accessory uses, buildings or structures, are permitted in any yard, in any zone, subject to
the provisions of this By-law for the particular zone in which said building or use is located,
and provided that no accessory building or use:
a) Shall be used for human habitation, except where a dwelling unit is a permitted
accessory use;
b) Shall with the exceptions of buildings and structures in the agricultural zone be built
closer to the front or exterior lot line than the minimum distance required by this By-law
for the main building on the lot;
c) Shall with the exceptions of buildings and structures in the agricultural zone be located
in the front yard or exterior side yard, in the case of a corner lot;
d) Shall with the exception of buildings and structure in the agricultural and village
commercial one zones have eaves be built closer than 0.3 m to the rear lot line or side
lot line,
e) Shall with the exception of buildings and structures in the agricultural zone be built
closer than one (1.0) metre to any side or rear lot line except:
i. That common semi-detached private garages or carports may be centered in the
mutual lot line;
ii. That where a lot line abuts a public lane an accessory building may be located not
less than one-half (0.5) metre from the said lane.
f) Shall exceed ten (10) percent of the total lot coverage;
g) Shall exceed six (6.0) metres in height or contain more than two storeys;
h) Shall be built within two (2.0) metres of the main building;
i)
Shall be considered as an accessory building if attached to the main building in any
way;
j)
Shall be considered an accessory building if located completely underground.
4.3
COMMERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law, where a commercial use is permitted
as an accessory use in an industrial zone, it shall not exceed ten (10) percent of the total
floor area of the main building and shall not exceed a maximum floor area of 280.0 m².
4.4
RESIDENTIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law, where one dwelling unit is permitted
as an accessory use in a commercial, institutional, open space, or industrial zone, the
minimum lot area shall be 950.0 m² in addition to the minimum lot area requirements of the
zone in which it is erected, and, in the case of a single dwelling unit the maximum building
height shall be 9.0 metres and shall not exceed ten (10) percent of the total lot coverage.
4.5
HOME OCCUPATIONS
Where a home occupation is permitted in a particular zone, the following provisions shall
apply:
a) No outside storage of materials, containers, or finished products is permitted;
Page 37 of 103
b) No change to the character of the dwelling as a private residence is permitted;
c) No nuisance, particularly in regard to noise, odour, light, dust, traffic or parking will be
created;
d) No mechanical equipment is used, the operation of which would result in any undue
noise, fumes, dust, or odour escaping to any adjoining premise;
e) The accessory building or any area of main building used for home occupation does
not exceed more than 25 percent of the total floor area of the dwelling unit not including
basement or cellar and, for greater clarity, such uses include the office or consulting
room for a business or a profession such as a physician, dentist, chiropractor, lawyer,
engineer, accountant, teacher, musical instructor when a single pupil is instructed at a
time, the office for a trade such as a painter or electrician and the workroom for a
dressmaker or tailor, milliner, caterer, hairdresser, pet groomer, aesthetic services, or
massage therapists but does not include or permit a clinic, tea room, convalescent
home, mortuary, funeral parlour, dancing school, hairdressing if more than two persons
are engaged in the business, or any similar use or other commercial use or institutional
use or a workshop, storage yard, parking area or plan for any of the trades;
f) No more than 5 persons permitted in dwelling at one time to receive treatment,
services, or instructions;
g) No more than 2 persons may be employees of home occupation which are not
permanent residents of dwelling, and shall clearly serve a support role to the home
occupation;
h) No corpse, bacteria, or virus shall be brought into the dwelling in connection with a
home occupation;
i)
No delivery of materials to or from the dwelling unit requiring a vehicle that has a gross
registered weight exceeding 5,000 kilograms.
4.6
AGRICULTURAL HOME OCCUPATIONS
Where an agricultural home occupation is permitted in a particular zone, the following
provisions shall apply:
a) Storage of materials, containers or finished products in the front or side yards shall not
be permitted;
b) Any building or structure, excluding that for residential use, used for an agricultural
home occupation shall not exceed 70 m² of ground floor area;
c) Without limiting the generality of the foregoing, agricultural home occupations may
include a carpentry shop, a welding shop, a machine shop, a small tool repair shop, a
tile drainage contractor, seed sales, seed cleaning, a trucking operation to a maximum
of two (2) trucks, and home craft operations such as pottery or a weaving operation.
4.7
PUBLIC USES
The provisions of this By-law shall not apply to the use of any land or to the erection or use
of any building or structure for the purpose of public service by the Municipality or by any
local board thereof as defined by the Municipal Act, as amended from time to time, any
railway, telephone, telegraph, or gas company, any department of the Government of
Ontario or Canada, Hydro One or any other public authority provided that:
a) The lot coverage, setback and yard requirements prescribed for the zone in which such
land, building or structure is located shall be complied with;
b) No goods, material, or equipment shall be stored in the open in a residential zone or in
a lot abutting a residential zone;
c) Any building erected in a residential zone under the authority of this paragraph shall be
designed and maintained in general harmony with residential buildings of the type
permitted in the zone;
d) Any parking and loading regulations for these uses are complied with.
Page 38 of 103
4.8
CONSTRUCTION USES
The temporary use of buildings and structures incidental and necessary for construction
or restoration work will be permitted in all zones and defined areas, but only for so long
as the same are necessary for construction or restoration work.
Notwithstanding any other provision of this By-law, uses such as a construction camp or
other such temporary work camp, a tool shed, mobile home, scaffold, sign or other building
incidental to construction are permitted in any zone provided that:
a) Any sign which is erected does not exceed 3.0 m² in area;
b) Such uses or buildings are used only as long as same are necessary for work in
progress which has neither been finished nor abandoned, or a period one (1) year
whichever is the lesser;
c) Such uses or buildings are removed when the work for which they were permitted is
terminated.
Notwithstanding any other Section of this By-law to the contrary, a mobile home or
secondary dwelling may be used as a temporary dwelling for a period not to exceed 90
days after occupancy has been issued in those instances where a dwelling is being
constructed, reconstructed or restored on the same lot, provided:
a) The mobile home or secondary dwelling is connected to the existing water and sanitary
facilities to the satisfaction of the municipality;
b) The mobile home complies with specifications CAN/CSA-Z240.2.1 or CAN/CSA-Z241
Series-M contained within the Ontario Building Code;
c) An agreement is executed between the land owner and the municipality ensuring,
among other things, that the mobile home or secondary dwelling is removed by a
specified date.
4.9
PROHIBITED USES
4.9.1
The following uses shall be prohibited in any zone unless otherwise provided for:
a) The use of any land or the erection and use of any building or structure for the
purposes of storage of unlicensed vehicles, wrecking yards, salvage yards, dumps,
the collection of rags, junk, any refuse, scrap iron, or other scrap metals;
b) The location and use of a mobile home for the purposes of residential, commercial,
industrial, or institutional uses on a temporary or permanent basis;
c) Buildings or other structures to be erected or used for industrial uses and processes
in which natural resources are used as a raw material (e.g. lumber, earth, clay, sand,
gravel, stone, rock, oil, gas or any other similar material) shall be erected or used not
closer than 300 metres from the boundary line of any residential zone;
d) The use of motorized vehicles in Conservation Areas;
e) The use of a truck, bus, coach, railway car, or streetcar bodies or part thereof for the
purposes of any use permitted in this By-law;
f) Licensed Cannabis Project Facilities;
g) Large Scale Renewable and Alternative Energy System.
4.9.2
Obnoxious Uses:
Any use, which due to its nature or the materials used therein, is declared under the Public
Health Act, or any regulations adopted thereunder, to be a noxious trade, business or
manufacture is prohibited.
4.9.3
Dangerous Uses:
Page 39 of 103
No land, building or structure shall be used in the municipality for the industrial manufacture
of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite,
dualene, nitroglycerine, gun powder, petroleum, and petroleum liquid material that is likely
to create danger to health, or danger from fire or explosion. This regulation does prohibit
petroleum resource operations permitted under the Oil, Gas and Salt Resources Act.
4.10
NON-CONFORMING USES
The provisions of this By-law shall not apply:
a) To prevent the use of any land, building or structure for any purpose prohibited by this
By-law if such land, building or structure was lawfully used for such purpose on the day
of the passing of this By-law, so long as it continues to be used for that purpose; or
b) 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 8 of the Building Code Act,
as amended, from time to time, prior to the day of the passing of this 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 providing the permit has not been revoked under
Section 8 of the Building Code Act, as amended, from time to time, provided the
erection of such building or structure is commence within two years after the day of the
passing of the By-law and such building or structure is completed within a reasonable
time after the erection thereof is commenced.
4.11
NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS
Where a building has been legally erected prior to the effective date on a lot having less
than the minimum frontage and/or area, or having less than the minimum setback and/or
side yard and/or rear yard required by this By-law, the said building may be rebuilt,
enlarged, repaired or renovated provided that:
a) The rebuilding, enlargement, repair or renovation does not further reduce a non-
complying front yard and/or side yard and/or rear yard having less than the minimum
required by this By-law, and
b) Where it is feasible, a building shall be rebuilt with the required yard setbacks; and
c) All other applicable provisions of this By-law are complied with.
4.12
EXISTING LOTS
Notwithstanding any other provisions of this By-law, legally existing lots with less than the
required lot area or lot frontage may be developed for the use specified in the appropriate
zone provided all other regulations of the By-law are satisfied, and in the case of lots where
buildings or structures requiring water and sanitary sewage facilities are to be erected
thereon:
a) Such lot could have been legally conveyed on the date of passing of this By-law
without consent under the Planning Act, as amended from time to time. Lots created
by consent on or before the passing of this By-law and granted subject to the fulfillment
of specific conditions shall also be considered as being legally conveyable for the
purposes of this subsection;
b) Such lots are serviced by approved municipal water and sanitary sewage services or
meet the requirements for private services;
c) Such lots have a minimum frontage of 20.0 metres on a public street where a public
water supply is not available;
d) Such lots front on a public road or a private road;
e) Notwithstanding any other regulations of this By-law, where a use, building or structure
was legally established on a lot, and such lot was subsequently altered as a result of
a project of a public authority (such as a road construction project or an easement or
Page 40 of 103
right-of-way) or by expropriation of municipal, provincial or federal acquisition thereby
causing the use, building or structure to contravene any regulations of the By-law, the
said use, building or structure shall be deemed to comply with the By-law and may be
enlarged, extended, reconstructed, repaired or renovated provided that any
regulations which are currently not met, are not further contravened and that all
regulations which are complied with, are not contravened by any works undertaken.
4.13
HAZARD LANDS
4.13.1
Notwithstanding any other provisions of this By-law, no permanent buildings or structures
(including any permitted encroachments) shall be erected or used, or as otherwise
determined by the Conservation Authority:
a) Closer than 3.0 metres from the centreline of any enclosed drain;
b) Closer than 7.5 metres from the top-of-bank of the open portion of the Brown Drain in
the former Village of Dutton;
c) Closer than 15 metres from the top-of-bank of an open drain having a width of 7.5
metres or less, from top-of-bank to top-of-bank;
d) Closer than 30 metres from the top-of-bank of an open drain having a width of greater
than 7.5 metres from top-of-bank to top-of-bank;
e) Closer than 15 metres from the top-of-bank of a natural watercourse;
f) Closer than 30 metres from the top-of-bank of the Thames River;
g) Closer than 150 metres from the top-of-bank of the Lake Erie shoreline.
4.13.2
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 their susceptibility to flooding, erosion, subsidence, inundation or the
presence of organic soils or steep slopes.
4.14
MUNICIPAL WATER AND SANITARY SUPPLY
No new dwelling shall be erected or used, which is not connected to the municipal water
supply system or municipal sanitary sewage and disposal system, where such system
exists at the street line.
Additions, alterations, renovations or replacements of an existing dwelling does not apply,
if a private potable water supply and private sanitary sewage and disposal system is
available.
4.15
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main side walls and roof have been erected
and the external siding and roofing have been completed, and sanitary conveniences
installed and, where applicable, kitchen and heating facilities have been installed and are
in satisfactory working order.
4.16
TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS,
MOTOR HOMES OR TENTS USED FOR HUMAN OCCUPANCY
4.16.1
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.
4.16.2
No travel trailer, truck camper, motor home, or tent shall be used for the living, sleeping or
eating accommodation of persons within the Municipality for a period of no more than sixty
(60) days in any period of ten (10) consecutive months unless such travel trailer, truck
camper, or motor home is located in a campground licensed by the Municipality under the
Page 41 of 103
Municipal Act.
4.17
STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law, no person shall erect a building or structure
and no person shall use any land, building, or structure, unless the lot or parcel to be so
used or upon which the building is situated, erected or proposed to be erected abuts or
fronts on a public street or public road. A building or structure may be erected upon a lot
within a registered plan of subdivision provided that it is in accordance with the provisions
of a Subdivision Agreement, in respect of such plan of subdivision notwithstanding that
the streets within such plan of subdivision have not been assumed and are not yet being
maintained by the municipality, the County, the Province or some other road authority.
The same shall apply to development of lots created through the consent process where
a development agreement has been executed.
Notwithstanding the previous paragraph, for the purposes of this subsection, private roads
that existed on the date of adoption of this By-law shall be considered as streets despite
the fact that such roads have not been assumed by the municipality. This subsection shall
only have effect for the purpose of applying provisions of this By-law and not to the
consideration and granting of consents. This subsection shall also not imply any obligation
on the municipality to assume and/or develop any private road into a public street or to
maintain it for private or public purposes.
4.18
FRONTAGE ON STREETS, HIGHWAYS OR ROADS OR PRIVATE ROADS AND
EXEMPTIONS
4.18.1
Street, Highway or Road
Except for a condominium project where the condominium agreement provides for the
ongoing maintenance of any highway, street or road providing direct access to a dwelling
therein or land uses on one lot with multiple ownership and/or multiple use, no person
shall erect any building or structure in any zone unless the lot upon which such building
or structure is to be erected has sufficient frontage on a highway, street or road (developed
in accordance with municipal standards) as per the requirements of the respective zone
within which the lot is situated. For the purposes of this By-law a street, highway or road
does not include an unopened road allowance. In the case of Hazards Lands, matters
shall satisfy ingress and egress standards as referenced in the PPS under the Planning
Act.
4.18.2
Exemptions
The requirements for frontage on a highway, street or road shall be exempted for the
following circumstances: i) for a public utility; ii) for any passive outdoor recreational use
or activity (e.g. recreational trails or similar activities); iii) for a landlocked parcel accessed
by a registered easement or right-of-way existing on the effective date of this By-law; iv)
for a lot of record where access is via an existing private road or registered easement or
right-of-way.
4.18.3
Maintenance or Subdivision Agreement
Despite the subsection above, where a maintenance or subdivision agreement exists
between the municipality and a land owner(s) and is registered on title, frontage on an
unopened or unmaintained street, highway or road or right-of-way shall be deemed to
conform to the provisions of this section, provided that such frontage is in conformity with
the zone standards set out in the corresponding zone or an exception thereto.
4.19
SIGHT RESTRICTION ON CORNER LOT
4.19.1
Notwithstanding any other provisions of the By-law, and except in any hamlet or village
Page 42 of 103
commercial zone, on a corner lot within the triangular space included between the street
lines for a distance of 9.0 metres from their point of intersection, no building or structure
shall be erected, no driveway shall be located, no sign, fence or boundary wall shall be
placed, nor shall any shrubs or foliage be planted or maintained (more than 0.8 metres
high) which obstruct the view of a driver or a vehicle approaching the intersection.
4.19.2
In all zones, on a lot abutting a railway where the railway and a street intersect at the same
grade, no building or structure shall be erected in such a manner as to materially impede
vision above a height of 0.6 metres above the centreline grade of the intersecting street in
the triangular area bounded by the railway and the street line and a line from the points
along such railway and such street line measuring 50 metres from the point of the
intersection thereof.
4.19.3
Where such railway intersection is unprotected, the sighting triangle will be increased to 90
metres along the streetline, and a distance of 400 metres measured along the railway or a
distance required by Transport Canada.
4.20
PRIVATE GARAGES AND DRIVEWAYS ON CORNER LOTS
4.20.1
Notwithstanding any other provisions of this By-law, no private garage on any corner lot
shall be located closer than 3.5 metres to the street line intersection; and
4.20.2
Notwithstanding any other provisions of this By-law, no portion of any driveway shall be
located closer than nine 9.0 metres to the intersection of the two street lines or their
projections.
4.21
ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of this By-law, where a single detached
dwelling or accessory use thereto is to be erected within a built-up area where there is an
established building line, such dwelling or accessory use may be erected closer to the
street line or to the centre line of the street or road, as the case may be, than required by
this By-law provided such dwelling or accessory use is not erected closer to the street line
or to the centre line of the building line on the date of passing this By-law.
4.22
USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection with residential, commercial, industrial, or
institutional uses but without any buildings or structures thereon, all yards required by this
By-law on a lot in respective use zone shall be provided and maintained as yards and the
applicable regulations shall apply, except where the land or lot is used for gardening or
open space purposes not provided by this By-law in such use zone.
4.23
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required about any building for the purpose of
complying with the provisions of this By-law shall be included as part of a yard or other
open space similarly required for another building.
4.24
PERMITTED ENCROACHMENTS IN YARDS
Unless otherwise specified in this By-law, every part of any yard required by this By-law
shall be open and unobstructed by any structure from the ground to the sky, provided,
however, that those structures listed below shall be permitted to project into the yards
indicated for the distance specified:
Page 43 of 103
Structure
Permitted Yard
Maximum Projection
from main wall
Window sills, belt courses,
cornices, eaves, gutters, or
pilasters
Any yard
0.6 m
Fire escapes and exterior
staircases
Rear yard only
1.5 m
Bay windows, chimneys and
awnings
Front and rear yards
only
1.0 m
Open, roofed porches not
exceeding one storey in height,
uncovered terraces
Front and rear yards
only
2.5 m (including eaves,
cornices, and canopies)
Decks
Rear and side yards
only
Not closer than 1.0 m to
any lot line
Heat pumps, air exchangers, air
conditioners
Any yard
1.5 m
4.25
ENCLOSURES
Enclosures to any porch or terrace permitted in Section 4.24 of this By-law shall be limited
to 1.0 metre in height exclusive of roof supports but this shall not prohibit the enclosure of
a porch or terrace by latticing or screening or other form of enclosure which permits a
minimum of 50% of air to pass through at all times.
4.26
BUFFER (PLANTING) STRIPS
4.26.1
A buffer strip shall be located within the zone for which it is required; it shall be planted,
nurtured and maintained by the owner of the lot on which the buffer strip is located; and
replacement of trees and plants be made by the owner, as necessary from time to time.
4.26.2
A buffer strip shall be used for no other purpose than planting a continuous row of trees or
a continuous unpierced hedgerow of evergreens or shrubs, not less than 2.0 metres high,
immediately adjacent to the lot line or portion thereof along which such buffer strip is
required hereunder; the remainder of the strip shall be landscaped and planted with
ornamental shrubs, flowering shrubs, flower beds or a combination thereof.
4.26.3
Where a buffer strip is required in any zone, it shall be of minimum width as specified in
the regulations for that zone.
4.26.4
In all cases where access driveways extend through a buffer strip, it shall be permissible
to interrupt the strip within 3 metres of the edge of such driveway.
4.26.5
A buffer strip may form part of any required landscaped open space, including the required
front, side and rear yards.
4.26.6
Where a commercial or an industrial zone abuts a residential zone, an institutional zone,
or an open space zone, or a Provincial Highway, a strip of land not less than 4.5 metres in
width adjacent to land inside the commercial or industrial zone boundary shall not be used
for any other purpose than a buffer strip.
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4.26.7
Where an institutional zone abuts a residential zone, a strip of land not less than 3 metres
in width adjacent to and inside the institutional zone boundary shall not be used for any
other purpose than a buffer strip.
4.27
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 zone, institutional zone, or open space zone, the following
provisions shall be complied with:
a) No parking of vehicles with capacity over nine hundred (900) kilos shall be permitted in
any side yard adjacent to the neighbouring zone;
b) No loading space shall be located in, nor open onto any side yard adjacent to the
neighbouring zone;
c) Exterior lighting and illuminated signs shall be so arranged as to deflect light away from
adjacent neighbouring zone;
d) Outside storage shall be prohibited in any front yard or side yard adjacent to the
neighbouring zone;
e) A buffer strip shall be provided in accordance with the provisions of Section 4.26.
4.28
PARKING REQUIREMENTS
For every type of building listed below erected, altered, or enlarged in any zone after the
passing of this By-law, off street parking shall be provided and maintained in accordance
with the following provisions:
Type of Use or Building
Minimum Parking Required
Single detached dwelling, semi-detached dwelling,
duplex dwelling, two-unit converted dwelling,
dwelling units located above commercial
buildings
One (1) parking space per unit
Triplexes, double duplexes, rowhouse, multiple
dwelling buildings
One and one-quarter (1.25) parking
spaces per dwelling unit
Additional Residential Units (ARU)
One (1) for the first additional unit
and none (0) for the second
additional unit
Senior citizen dwelling
One (1) parking space for four (4)
dwelling units
Funeral Home
1.0 space per 5 seats of seating
capacity
Community centres, clubs, theatres, halls,
places of entertainment
Where there are fixed seats, one (1)
space for every four (4) seats
Hospitals, nursing homes, rest homes
One (1) parking space for each two
(2) beds
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Schools
One and one-half (1.5) parking
space for each classroom
Group homes
1 for each 6 beds
Place of worship
One parking space for every four (4)
seats
Hotels, motels, taverns
One (1) parking space per rental
unit, one additional parking space
for each 10 m² of floor area devoted
to public uses such as restaurants,
taverns and other eating places
associated with motels and staff
Boarding houses, lodging houses, rooming
houses, vacation home, or bed and breakfast
establishment
One (1) parking space for every
room rented in addition to that
required for a dwelling if applicable
Personal and Other Services
3.3 spaces per 93.0 m² of gross
floor area
Restaurant:
Full-Service/Drive-in
Drive-through/Fast-Food
Takeout Only
15.0 spaces per 93.0 m² of gross
floor area
15.0 spaces per 93.0 m² of gross
floor area
12.0 spaces per 93.0 m² of gross
floor area
Retail stores, and convenience store
One (1) parking space per 30 m²
Financial institutions
6.0 spaces per 93.0 m² of gross
floor
area
Offices, general and professional
One (1) parking space per 30.0 m²
of office floor area
All other commercial uses
One (1) parking space per 60.0 m²
Industrial uses
One (1) parking space for every two
(2) employees on the largest shift
Home Occupation, Agricultural Home
Occupation
One (1) off-street parking space for
each 20 m² of floor area devoted to
said use in addition to that required
for the dwelling
Agricultural uses
Four (4) parking spaces per farm
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Greenhouse
1.0 space per every 2.0 ha of
growing area
On-farm diversified retail use
3.3 spaces per 93.0 m² of gross
floor area
Where a building or structure has insufficient parking spaces on the date of passing of this
by-law to conform to the requirements herein, this By-law shall not be interpreted to require
that the deficiency be made up prior to the construction of any addition or a change of use
provided, however, that any additional parking spaces required by this By-law for such
addition or change of use are provided in accordance with all provisions hereof respecting
parking spaces and parking areas.
4.29
DRIVEWAY REGULATIONS
Driveways shall be permitted in any yard, in any zone, in accordance with the requirements
of this By-law or corresponding site plan agreements provided they comply with the
provisions for sight visibility triangles of this By-law:
a) a driveway serving a residential use shall have a minimum width of 3.0 m measured
along the street line and no maximum;
b) a driveway serving a single detached dwelling, semi-detached dwelling, duplex or two-
unit converted dwelling or rowhouse or block roadhouse dwelling unit, the total area
of the required front yard occupied for the purpose of a walkway, driveway, access
area or a parking space or any combination thereof cannot exceed:
i.
for a lot having a width of 9.0 metres or greater, 50% of the required front
yard area; or
ii.
for a lot having a width of less than 9.0 metres, 50% of the required front yard
area plus 5% for each 1.0 metre decrease in lot width below 9 metres to a
maximum of 70% of the required front yard area.
c)
a driveway for a commercial or industrial zone shall be subject to the approved site
plan control agreement;
d) a driveway for any other use shall have a width of 3.0 m minimum and no maximum,
measured along the street line;
e) a minimum of 1 driveway from a public open roadway or alley way is required for all
use and no maximum;
f)
the minimum distance between a driveway access and an intersection of street lines,
measured along the street line, shall be 9.0 m;
g) the minimum angle of intersection between a driveway access and a street line shall
be 60 degrees.
4.30
STANDARDS FOR PARKING AREAS
Where in this By-law parking areas for more than four (4) vehicles are required or
permitted:
a) Adequate drainage facilities shall be provided and maintained in accordance with the
requirements of the Municipality;
b) Parking area shall subject to site plan control and may have a cement or asphalt binder
or any other permanent type of surfacing to prevent the raising of dust or loose
particles, and the limits of said parking area shall be defined by a fence, curb, or other
suitable obstruction designed to provide a neat appearance; and prevent the
encroachment of vehicles on adjoining property;
c) The lights used for illumination of parking areas shall be so arranged as to divert the
light away from adjacent lots;
d) A structure, not more than 3.0 metres in height and not more than 4.5 m² in area may
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be erected in a parking area for the use of parking attendants;
e) No sign other than directional signs and a sign indicating the name of the premises, not
exceeding 1.0 m² in size, shall be erected on any parking area or parking lot;
f) Parking areas shall be within 90.0 metres of the main entrance of the location which it
is intended to serve, and shall be situated in the same zone;
g) No gasoline pumps or other service station equipment shall be located or maintained
in any parking area;
h) A strip of land not less than 3.0 metres wide lying within the lot in which the parking
area is located, and along all boundaries of said area shall be used for landscaping
excluding those areas used as entrances and exits.
4.31
STANDARDS FOR PARKING SPACES
Each off-street parking space and parking lot shall be provided in accordance with the
following minimum specifications:
a) Each off-street perpendicular parking space or angled parking space shall have a
minimum dimension of 2.75 metres by 6.0 metres; and
b) Each off-street parallel parking space shall have a minimum dimension of 3.0 metres
by 6.0 metres.
4.32
STANDARDS FOR BARRIER FREE PARKING SPACES
4.32.1
Each off-street barrier free parking space shall be provided in accordance with the
following minimum specifications:
a) The minimum size of an barrier free parking space shall be:
i. 5 metres by 6 metres for a perpendicular parking space or angled parking space;
and
ii. 3.9 metres by 6.7 metres for parallel parking.
4.32.2
The minimum number of barrier free parking spaces for:
a) A residential (minimum 6 units) or commercial or institutional use shall be 1 space for
every 50 required parking spaces or portion thereof;
b) A medical use shall be 1 space for every 20 required parking spaces or portion thereof;
and
c) An industrial use shall be 1 space for every 100 required parking spaces or portion
thereof.
4.33
LOADING SPACES
No person shall erect or use any building or structure in any commercial or industrial zone
which involves the movement of goods, merchandise, or materials unless off-street loading
spaces are provided and maintained upon the same lot on which the principal use is
located in accordance with the following provisions:
a) One loading space shall be provided for every 1900 m² or fraction thereof of the total
floor area, to a maximum of six (6) loading spaces in any loading area except where
the total floor area is less than 300 m² whereby no loading space shall be required;
b) Loading spaces shall have dimensions not less than 3.5 metres by 14 metres;
c) Loading spaces shall not have less than 4.5 metres of clearance.
4.34
STANDARDS FOR LOADING SPACES
Where in this By-law loading spaces are required or permitted, the following standards shall
apply:
a) Adequate driveway space to permit the safe maneuvering of vehicles on the lot such
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that they do not cause an obstruction or a hazardous condition on adjacent streets;
b) Adequate drainage facilities in accordance with requirements of the Municipality;
c) Loading spaces and approaches to be maintained with a stable surface that is treated
to prevent the raising of dust or loose particles;
d) Illumination of loading spaces so arranged as to be diverted away from any adjacent
residential, institutional, or open space zone;
e) Loading spaces to be located in the rear yard where a lot has access at both the front
and rear to a street or road.
4.35
STANDARDS FOR ENTRANCES AND EXITS FOR LOADING AREAS
Where in this By-law, loading spaces are required or permitted:
a) Entrance and exit ramps for vehicular traffic shall have a maximum width of 7.5 metres;
b) A driveway leading to any loading area shall have a minimum width of 3.0 metres for
one-way traffic, and a minimum width of 6.0 metres for two-way traffic, and the
maximum width of a driveway shall be 7.5 metres;
c) A driveway leading to a loading area shall be subject to site plan control and may be
defined by a curb of concrete or rolled asphalt and may be maintained with a cement
or asphaltic binder or any other permanent surfacing. In addition, said driveway shall
be located no closer than 15.0 metres from the limits of the rights-of-way at a street
intersection.
4.36
PARKING OF MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES
Notwithstanding any other provisions of this By-law, no person shall use any zone for the
parking or storage of any vehicle that does not have current license plates except where
such vehicles are stored inside a private garage in a residential zone, or inside accessory
buildings in an agricultural zone, and any number of such vehicles may be stored at a
motor vehicle sales or service establishment, in a commercial zone.
4.37
PARKING REGULATIONS IN RESIDENTIAL ZONES
4.37.1
All parking spaces in any residential zone shall be located in an attached or detached
private garage, or in a driveway, or in a side or rear yard, or in the case of a motor home,
travel trailer, or truck camper shall be parked in a side yard or rear yard only, and provided
that the lot coverage of the spaces shall not exceed fifteen (15) percent of the total lot
area.
4.37.2
No motor vehicle shall be parked or stored in any residential zone other than a private
passenger automobile, a motor home, travel trailer, or truck camper, or in the case of a
commercial motor vehicle.
4.37.3
No commercial motor vehicle, having a capacity of greater than 6000 kilos, shall be parked
or stored in the Hamlet Residential (HR), Limited Service Residential (LSR), or either
Village Residential (VR1 and VR2) Zone.
4.37.4
No commercial motor vehicle, having a capacity of greater than 6000 kilos, shall idle for an
extended period of time in the Hamlet Residential (HR), Limited Service Residential (LSR),
or either Village Residential (VR1 and VR2) Zone.
4.38
EXPLORATION AND/OR PRODUCTION OF NATURAL GAS OR CRUDE OIL
This by-law shall not apply to the use of any land for the exploration and/or production of
natural gas or crude oil, or to the erection, alteration, or use of any building or structure
accessory thereto.
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4.39
HEIGHT EXEMPTIONS
The height regulations of this By-law shall not apply to any farm building or structure,
ornamental dome, skylight, chimney, tower, elevator enclosure, flag pole, antennae, radio
or television receiving or transmitting equipment, cupola, steeple, church spire, clock
towers, water tanks, ventilators or any accessory mechanical appurtenances. Such
features, however, shall be erected only to such height as is necessary to accomplish the
purpose they are to serve.
4.40
GRADING
a) Excavations
No person shall make any excavations or remove any topsoil, peat, earth, sand or
gravel from any lot, alone or in conjunction with any construction work, unless the
written permission of the Municipality or a building permit with respect to such
construction work has first been obtained, and except in accordance with any
requirements of the Corporation with respect to retention of topsoil and peat, grading
and finished elevations.
b) Removal or Leveling of Hills
This By-law shall not apply to prevent the removal or leveling of hills for the purposes
of increasing or improving land for agricultural uses so long as no excavation takes
place below the average grade of the land surrounding the said hill.
4.41
SWIMMING POOLS
The following regulations shall apply with respect to the erection or use of a swimming pool
that is not enclosed or otherwise located within a building:
a) A swimming pool is permitted as an accessory use in any zone;
b) A swimming pool shall not contribute to lot coverage as regulated in any zone of this
by- law;
c) A swimming pool shall not be located in any yard other than a side yard or a rear yard;
d) No part of a swimming pool shall be located closer than one (1.0) metre to any lot line;
e) No part of a swimming pool shall exceed a height of 2.0 metres, exclusive of related
structures which shall not exceed a height of 4.0 metres;
f) Every swimming pool shall be enclosed by a fence of at least 1.53 metres in height
equipped with a self-closing gate capable of being locked;
g) No water circulating or treatment equipment such as pumps or filters or any accessory
building or structure containing such equipment, shall be located closer than 1.0 metre
to any lot line, unless it is an existing building or structure.
4.42
LOSS BY NATURAL CAUSES
Notwithstanding any other provisions of this By-law (save and except for any section
dealing with buildings and structures on Hazard Lands), where a legally constructed
building or structure is destroyed or partially destroyed by fire or other natural causes,
replacement of the said building or structure to the same basic dimensions and on the
same basic site may be permitted.
4.43
LOTS REDUCED BY PUBLIC ACQUISITION
4.43.1
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 have a lot area, lot frontage, lot coverage, parking, area of landscaped open
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space, setback, front yard depth, side yard depth or rear yard depth that does not conform
to the requirements hereof for the zone in which such lot is located, 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 characteristics of the
lot as reduced, subsequent to the date of such acquisition, that would increase the
extent of the said non-conformity; 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 all the provisions hereof for
the zone in which such lot is located.
4.43.2
In the case of a road widening dedication, the land that has been or will be dedicated shall
be included in any calculation for the purpose of determining lot area, lot coverage, height,
parking, landscaped open space, floor area, floor area ratio, and the location of any
permitted building or structure relative to the required side or rear yards, provided any
building or structure is located wholly within the boundary of the land remaining after the
dedication.
4.44
ADULT ENTERTAINMENT PARLOURS
4.44.1
Notwithstanding any other provision of this By-law, an Adult Entertainment Parlour shall be
prohibited in any zone or on any site or location that is situated less than 500 metres from
an existing residential or institutional use.
4.44.2
An Adult Entertainment Parlour shall also be prohibited in any zone or on any site or
location that is situated less than 500 metres from any zone that permits residential or
institutional uses.
4.45
ANCILLARY SALE OF AUTOMOBILES
Sales of automobiles ancillary to a motor vehicle service station, public garage, or motor
vehicle body shop shall be limited to maximum of six (6) automobiles being stored, kept or
displayed for sale on the site at any time.
4.46
FRONT LOT LINES AND HIGHWAY NO. 401
Where a lot is bounded on one or more sides by the road allowance of Provincial Highway
No. 401, the lot lines or portions thereof which abut the said road allowance shall not be
deemed to be a front lot line for the purposes of this By-law.
4.47
GROUP HOMES
Group homes in the form of single detached dwellings shall be permitted anywhere single
detached dwellings are permitted excluding any hazard land areas (flooding and erosion).
4.48
MINIMUM DISTANCE SEPARATION FORMULAE
4.48.1
For the purposes of this Zoning By-law, Minimum Distance Separation Formulae I and II
(MDS I and II) shall be calculated in accordance with the Minimum Distance Separation
(MDS) Formulae Guidelines prepared by the Province as amended from time to time. For
the purpose of this Section:
a) The Minimum Distance Separation Formula I shall be applied to any proposed
development in any zone, excluding any hamlet or village zones.
b) The Minimum Distance Separation Formula II shall be applied to any new or expanding
livestock or poultry facility in any zone.
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4.49
WAYSIDE PITS AND QUARRIES AND PORTABLE ASPHALT PLANTS
Wayside pits and quarries and portable asphalt plants shall be permitted in all zone
categories without amendment to the Zoning By-law, except zones that are established to
recognize existing development or areas of particular environmental sensitivity upon which
wayside pits may be prohibited.
4.50
SETBACKS FROM PETROLEUM RESOURCE OPERATIONS
No person shall erect, locate or construct a building or structure within 75 metres of a
petroleum resource operation unless the well or facility has been decommissioned in
accordance with the Oil, Gas and Salt Resources Act or such building or structure is related
to the petroleum operation and permitted in accordance with the Act.
4.51
MINISTRY OF TRANSPORTATION AUTHORITY
Any development proposed in proximity to a provincial highway and within the Ministry of
Transportation permit control area, is subject to Ministry approval and shall obtain the
necessary permits prior to construction being undertaken.
4.52
SHIPPING CONTAINER OR TRUCK TRAILER USED FOR STORAGE PURPOSES
Where a shipping container or truck trailer is used for the purpose of storage accessory
to a principal use, the following provisions shall apply:
a) A shipping container or truck trailer may not be located in any residential zone;
b) A shipping container or truck trailer may not be located on any parcel of land in an
agricultural zone that is less than 2 ha in area, unless there are no offsite dwellings
within 100 metres of the parcel of land;
c) A shipping container or truck trailer may only be located in the rear yard and must
comply with the regulations of Section 4.2 Accessory Uses;
d) A shipping container or truck trailer may not be permitted as the sole structure on any
property, not be used for human habitation, not be stacked one on top of the other and
shall comply with the Ontario Building Code.
Where a shipping container is used for the purpose of human habitation, the following
provisions shall apply:
a) A shipping container shall be permitted where residential uses are permitted;
b) A shipping container is subject to the same requirements and limitations as permanent
buildings;
c) A shipping container shall comply with the Ontario Building Code.
4.53
ADDITIONAL RESIDENTIAL UNITS (ARU)
Additional residential units may be permitted in association with a single detached
dwelling, semi-detached dwelling and rowhouse dwellings, as well as permitted accessory
structures, in accordance with the regulations specified by the Zone category in which the
additional residential unit is permitted, and shall be subject to the following regulations:
i.
shall be built in accordance with all relevant regulations within both the Ontario
Building Code and Ontario Fire Code;
ii.
shall be connected to private or municipal sanitary sewer and municipal water
service;
iii.
shall provide parking, subject to Section 4.28;
iv.
shall be a prohibited use on a residential dwelling lot containing a garden suite,
boarding house or lodging house;
v.
shall be limited to a maximum of 40 percent of the gross floor area of the primary
dwelling unit in urban area and 60 percent in rural area, measured prior to the
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development of the additional residential unit;
vi.
shall not be permitted within a floodplain area or hazard lands;
vii.
shall not be permitted on lots with legal non-conforming uses unless approved
through a Zoning By-Law Amendment.
4.54
DWELLING UNITS IN A NON-RESIDENTIAL BUILDING OR BUILDINGS OR ON
NO-RESIDETNAIL LOTS
Where an accessory dwelling or accessory dwelling unit is a permitted use in a non-
residential building or on a non-residential lot, the following requirements shall apply:
i.
the dwelling or dwelling unit shall have a separate parking space;
ii.
the dwelling shall comply with all applicable setbacks and other zone standards
in the zone in which the dwelling is located;
iii.
no dwelling unit shall be permitted in a commercial building used for an
automotive service i.e. auto body shop, auto repair garage, automotive service
station, automotive sales establishment, automotive washing establishment,
gasoline bar, gasoline card lock facility, commercial parking lot, a recreational
vehicle sales, storage and repair establishment, or a sales, storage and repair
establishment for boats, snowmobiles, all terrain vehicles or similar sports
equipment.
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SECTION 5
AGRICULTURAL (A1) ZONE REGULATIONS
5.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Agricultural (A1) Zone except in accordance with the following regulations.
5.1.1
Permitted Uses
a) Agricultural uses;
b) One agricultural home occupation, subject to Section 4.6;
c) On-farm diversified uses;
d) Agricultural-related uses;
e) Agri-tourism uses;
f) Animal kennels;
g) Greenhouses;
h) One single detached dwelling on one lot;
a) Additional Residential Units, subject to Section 4.53;
i)
Farm produce outlets;
j)
Forestry uses;
k) Landing strips;
l)
One home occupation, subject to Section 4.5;
m) One bed and breakfast establishment or vacation home;
n) Market garden operations;
o) Plant nurseries;
p) Riding stable;
q) Accessory uses.
5.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
5.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
20.0 ha
Minimum Lot Frontage
150.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
20%
Maximum Building Height
12.0 m
Minimum Floor Area for a Single
Detached Dwelling
90 m²
Minimum Front Yard Depth
18.0 m
Minimum Interior Side Yard Depth
15.0 m
Minimum Exterior Side Yard Depth
15.0 m
Minimum Rear Yard
15.0 m
5.2
SPECIAL USE REGULATIONS
5.2.1
Animal Kennels
In addition to the requirements of Section 5; an animal kennel shall not be erected or used
closer than:
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a) 150 metres from a dwelling located on a neighbouring lot;
b) 300 metres from the boundary of any village or hamlet, as shown on Schedule "B",
Schedule "C", Schedule "D", Schedule "E", Schedule "F", and Schedule "G" to this
By- law.
5.2.2
Livestock Buildings and Structures
In addition to the requirements of Section 5, the following regulations shall apply to
buildings and structures hereafter erected or altered for the housing of livestock:
a) Minimum distance from the village growth boundary as shown on Schedule "B" &
"C" to this By-law: 450 metres or the distance determined by application of M.D.S.
II, whichever is greater.
b) Minimum distance from a hamlet growth boundary as shown on Schedule, "D", "E",
"F", and "G" to this By-law: 300 metres or the distance determined by application
of
c) M.D.S. II, whichever is greater.
d) Establishment of a new livestock operation: The distance determined by
application of M.D.S. II.
e) Expansion of a livestock operation existing as of January, 2000: The distance
determined by application of MDS II.
5.2.3
Minimum Distance Separation Formulae
In addition to the requirements of Section 5, any dwellings hereafter erected for residential
purposes shall be in conformity with the Minimum Distance Separation (MDS) Formulae
and shall be calculated in accordance with the Minimum Distance Separation (MDS)
Formulae Guidelines prepared by the Province.
5.3
EXCEPTIONS - AGRICULTURAL (A1) ZONE
5.3.1
Defined Area A1-1 as shown on Schedule "A", Map 9 to this By-law
a) Permitted Uses
Farm equipment sales and service; Travel Trailer sales and service.
5.3.2
Defined Area A1-2 as shown on Schedule "A", Map 8 to this By-law
a) Permitted Uses
Public garage excluding a motor vehicle service establishment, in addition to all other
uses permitted in the A1 Zone.
5.3.3
Defined Area A1-3 as shown on Schedule "A", Map 6 to this By-law
a) Maximum Lot Coverage
60 %.
5.3.4
Defined Area A1-4 as shown on Schedule "A", Map 12 to this By-law
a) Minimum Lot Area
8.9 hectares.
5.3.5
Defined Area A1-5 as shown on Schedule A, Map 16 to this By-law
a) Minimum Lot Area
15 hectares.
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5.3.6
Defined Area A1-6 as shown on Schedule "A", Map 5 to this by-law
a) Permitted Uses
Motor Vehicle Service Establishment - heavy vehicle/equipment repair only, in addition
to all other uses permitted in A1 Zone.
5.3.7
Defined Area A1-7 as shown on Schedule "A", Map 11 to this by-law
a) Permitted Uses
Travel Trailer sales and service, in addition to all other uses permitted in the A1 Zone.
5.3.8
Defined Area A1-8 as shown on Schedule "A", Map 13 to this by-law
a) Permitted Uses
Market Garden Operations: flower crop processing establishment, accessory
commercial uses, and flower crop processing education facilities; and Farm Produce
Outlet: year-round, permanent structure, in addition to all other uses permitted in the
A1 Zone.
b) Maximum Combined Floor Area
Market Garden Operations/Farm Produce Outlet: 1 435 m².
c) Supplemental Regulations
i.
The lands are subject to site plan control.
ii.
The hours of operation for the market garden operations and farm produce
outlet shall be between 8 a.m. and 10 p.m.
5.3.9
Defined Area A1-9 as shown on Schedule "A", Map 7 to this by-law (further
amended by By-law 2022-08)
a) Additional Permitted Uses
Motocross Facility, including overnight accommodations associated with the motocross
facility.
b) Supplementary Regulations
i. Additional permitted uses to be limited to operation between March 1 and
November 30 in any calendar year;
ii. Overnight accommodations limited to 8 events per year;
iii. No permanent structures associated with the additional permitted uses shall be
erected on the subject lands.
5.3.10
Defined Area A1-10 as shown on Schedule "A", Map 11 to this by-law (By-law 2017-
34)
a) Permitted Uses
One (1) additional single detached dwelling unit to an agricultural use, in addition to all
other uses permitted in the A1 Zone.
b) Minimum Side Yard Depth
150 m to the east lot line for one (1) additional single detached dwelling unit to an
agricultural use.
5.3.11
Defined Area A1-11 as shown on Schedule "A", Map 7 to this by-law (By-law 2019-
57)
a) Permitted Uses
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Supplementary Farm Dwelling, in addition to all other uses permitted in the A1 Zone.
5.3.12
Defined Area A1-12 as shown on Schedule "A", Map 10 to this by-law (By-law 2019-
77)
a) Permitted Uses
i.
Farm equipment sales and service;
ii.
Motor Vehicle Service Establishment - heavy vehicle/equipment repair;
iii.
All other uses permitted in the A1 Zone.
b) Minimum Lot Area
4.05 hectares.
c) Minimum Lot Frontage
122 metres
5.3.13
Defined Area A1-13 as shown on Schedule "A", Map 10 to this by-law (By-law 2020-
67)
a) Permitted Uses
A storm water management facility, in addition to the uses permitted in the A1 Zone.
5.3.14
Defined Area A1-14 as shown on Schedule "A", Map 14 to this by-law (By-law 2021-
52)
a) Permitted Uses
Additional Residential Units, in addition to the uses permitted in the A1 Zone.
b) Minimum Front Yard Depth
9 metres.
c) Supplementary Regulations
A minimum 10.0 m buffer between the proposed dwelling and the drip line of the trees
is required. If the proposed dwelling is constructed closer than 10.0 m, then an
Environmental Impact Assessment (EIS) will be required to confirm no negative impact
on the natural heritage feature.
Page 57 of 103
SECTION 6
SPECIAL AGRICULTURAL (A2) ZONE REGULATIONS
6.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Special Agricultural (A2) Zone except in accordance with the following regulations:
6.1.1
Permitted Uses
a) Agricultural uses;
b) On-farm diversified uses;
c) Agricultural-related uses;
d) Agri-tourism uses;
e) Greenhouses;
f) Farm produce outlets;
g) Forestry uses;
h) Landing strips;
i)
Market garden operations;
j)
Plant nurseries;
k) Riding stables;
l)
Accessory uses.
6.1.2
Prohibited Uses
All residential uses not existing on the date of passing of this By-law.
6.1.3
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
6.1.4
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
20.0 ha
Minimum Lot Frontage
150.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
20%
Maximum Building Height
12.0 m
Minimum Front Yard Depth
18.0 m
Minimum Interior Side Yard Depth
15.0 m
Minimum Exterior Side Yard Depth
15.0 m
Minimum Rear Yard Depth
15.0 m
6.2
SPECIAL USE REGULATIONS
6.2.1
Livestock Buildings and Structures
In addition to the requirements of Section 6, the following regulations shall apply to
buildings and structures hereafter erected or altered for the housing of livestock:
a) Minimum distance from the village growth boundary as shown on Schedule "B" &
"C" to this By-law: 450 metres or the distance determined by application of M.D.S.
II, whichever is greater.
b) Minimum distance from a hamlet growth boundary as shown on Schedule, "D", "E",
"F", and "G" to this By-law: 300 metres or the distance determined by application
Page 58 of 103
of.
c) M.D.S. II, whichever is greater.
d) Establishment of a new livestock operation: The distance determined by
application of M.D.S. II.
e) Expansion of a livestock operation existing as of January, 2000: The distance
determined by application of M.D.S. II.
6.3
EXCEPTIONS - SPECIAL AGRICULTURAL (A2) ZONE
6.3.1
Defined Area A2-1 as shown on Schedule "A", Map 8 to this By-law
a) Permitted Uses
Livestock uses in accordance with the provisions of the M.D.S. II in addition to all other
uses permitted in the (A2) Agricultural Zone.
6.3.2
Defined Area A2-2 as shown on Schedule "A", Map 6 of this Bylaw
a) Minimum Lot Area
39.5 hectares.
6.3.3
Defined Area A2-3 as shown on Schedule "A", Map 13 of this By-law
a) Minimum Lot Area
34.5 hectares.
6.3.4
Defined Area A2-4 as shown on Schedule "A", Maps 13 and 14 of this By-law (By-law
2000-23)
a) Prohibited Buildings and Structures
No livestock can be housed in the barns existing on the date of passing of this By-law.
b) Minimum Lot Area
40 hectares.
6.3.5
Defined Area A2-5 as shown on Schedule "A", Maps 13 and 14 of this By-law
a) Prohibited Uses
No livestock can be housed in the barns existing on the date of passing of this By-law.
b) Minimum Side Yard
4.0 metres.
c) Minimum Lot Area
40 hectares.
6.3.6
Defined Area A2-6 as shown on Schedule "A" Map 11 of this By-law
a) Prohibited Uses
No livestock may be housed in the barns existing on the date of passing of this By-law.
b) Minimum Lot Area
40 hectares.
6.3.7
Defined Area A2-7 as shown on Schedule "A", Map 10 to this By-law
a) Minimum Lot Area
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40 hectares
b) Prohibited Uses
Livestock-related agricultural uses within any existing buildings or structures.
6.3.8
Defined Area A2-8 as shown on Schedule "A", Maps 7, 9, 10, 12, 13, 14 and 16 to this
By-law
a) Minimum Lot Area
40 hectares.
6.3.9
Defined Area A2-9 as shown on Schedule "A", Map 11 to this By-law
a) Minimum Lot Area
18.9 hectares.
6.3.10
Defined Area A2-10 as shown on Schedule "A", Map 8 to this By-law
a) Prohibited Uses
Livestock-related agricultural uses within existing buildings and structures.
6.3.11
Defined Area A2-11 as shown on Schedule "A", Map 6 to this By-law
a) Minimum Lot Area
40 hectares.
6.3.12
Defined Area A2-12 as shown on Schedule "A", Map 7 to this By-law
a) Minimum Lot Area
40 hectares.
6.3.13
Defined Area A2-13 as shown on Schedule "A", Map 9 to this By-law
a) Minimum Lot Area
19.4 hectares.
6.3.14
Defined Area A2-14 as shown on Schedule "A", Map 2 to this By-law
a) Minimum Lot Area
40 hectares.
6.3.15
Defined Area A2-15 as shown on Schedule "A", Map 13 to this By-law (By-law 2016-
13)
a) Minimum Lot Area
19.0 hectares.
6.3.16
Defined Area A2-16 as shown on Schedule "A", Map 3 to this By-law (By-law 2016-
36)
a) Minimum Lot Area
19.4 hectares.
6.3.17
Defined Area A2-17 as shown on Schedule "A", Map 10 to this By-law (By-law 2016-
48)
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a) Prohibited Uses
Livestock-related agricultural uses within existing buildings and structures and on the
subject lands.
6.3.18
XXXX (Deleted by By-law 2017-16)
6.3.19
Defined Area A2-19 as shown on Schedule "A", Map 8 to this By-law (By-law 2017-
16)
a) Minimum Lot Area
17.3 hectares.
6.3.20
Defined Area A2-19 (b) as shown on Schedule "A", Map 5 to this By-law (By-law 2019-
76)
a) Minimum Lot Area
19.12 hectares.
6.3.21
Defined Area A2-20 as shown on Schedule "A", Map 6 to this By-law (By-law 2020-
70)
a) Minimum Lot Area
19.54 hectares.
6.3.22
Defined Area A2-21 as shown on Schedule "A", Map 8 to this By-law (By-law 2020-
76)
a) Minimum Lot Area
19.4 hectares
Page 61 of 103
SECTION 7
LARGE LOT AGRICULTURAL (A3) ZONE REGULATIONS
7.1.
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Agricultural (A3) Zone except in accordance with the following regulations:
7.1.1
Permitted Uses
a) Agricultural uses;
b) On-farm diversified uses;
c) Agricultural-related uses;
d) Agri-tourism Uses;
e) One agricultural home occupation, subject to Section 4.6;
f) Animal kennels;
g) Greenhouses;
h) One single detached dwelling on one lot;
i) Additional Residential Units, subject to Section 4.53;
j)
Farm produce outlets;
k) Forestry uses;
l)
Landing strips;
m) One home occupation, subject to Section 4.5;
n) One bed and breakfast establishment or vacation home;
o) Market garden operations;
p) Plant nurseries;
q) Riding stables;
r) Accessory uses.
7.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
7.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
40.0 ha
Minimum Lot Frontage
150.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
20%
Maximum Building Height
12.0 m
Minimum Floor Area for a Single Detached
Dwelling
90 m²
Minimum Front Yard Depth
18.0 m
Minimum Interior Side Yard Depth
15.0 m
Minimum Exterior Side Yard Depth
15.0 m
Minimum Rear Yard Depth
15.0 m
7.2
SPECIAL USE REGULATIONS
7.2.1
Animal Kennels
In addition to the requirements of Section 7; an animal kennel shall not be erected or used
closer than:
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a) 150 metres from a dwelling located on a neighbouring lot;
b) 300 metres from the boundary of any village or hamlet, as shown on Schedule "B",
Schedule "C", Schedule "D", Schedule "E", Schedule "F", and Schedule "G" to this By-
law.
7.2.2
Livestock Buildings and Structures
In addition to the requirements of Section 7, the following regulations shall apply to
buildings and structures hereafter erected or altered for the housing of livestock:
a) Minimum distance from the village growth boundary as shown on Schedule "B" & "C"
to this By-law: 450 metres or the distance determined by application of M.D.S. II,
whichever is greater.
b) Minimum distance from a hamlet growth boundary as shown on Schedule, "D", "E", "F",
and "G" to this By-law: 300 metres or the distance determined by application of
M.D.S. II, whichever is greater.
c) Establishment of a new livestock operation: The distance determined by application of
M.D.S. II.
d) Expansion of a livestock operation existing as of January 2000: The distance
determined by application of MDS II
7.2.3
Minimum Distance Separation Formulae
In addition to the requirements of Section 7, any dwellings hereafter erected for residential
purposes shall be in conformity with the Minimum Distance Separation (MDS) Formulae
and shall be calculated in accordance with the Minimum Distance Separation (MDS)
Formulae Guidelines prepared by the Province.
7.2.4
Supplementary Farm Dwelling
Notwithstanding Section 7, an additional single detached dwelling unit or accessory living
quarters to an agricultural use shall be permitted on a lot having an area 40.0 hectares or
greater.
7.3
EXCEPTIONS - LARGE LOT AGRICULTURAL (A3) ZONE
7.3.1
Defined Area A3-1 as shown on Schedule "A", Map 6 of this By-law
a) Permitted Uses
Wood pallet repair business in addition to all other uses permitted in the A3 Zone.
b) Minimum Side Yard
i.
Wood Pallet Repair Business - east side yard: 170 metres Wood Pallet Repair
Business - west side yard: 315 metres.
ii.
All other permitted uses in accordance with Section 7 of this By-law.
c) Minimum Rear Yard
i.
Wood Pallet Repair Business: 469 metres.
ii.
All other permitted uses in accordance with Section 7 of this By-law
7.3.2
Defined Area A3-2 as shown on Schedule "A", Map 3 of this By-law (By-law #
2022-21)
a) Permitted Uses
i.
Existing A3 permitted uses.
ii.
Additional Residential Unit (ARU).
Page 63 of 103
SECTION 8
RURAL RESIDENTIAL (RR) ZONE REGULATIONS
8.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Rural Residential (RR) Zone except in accordance with the following regulations:
8.1.1
Permitted Uses
a) One single detached dwelling on one lot;
b) Additional Residential Units, subject to Section 4.53;
c) One home occupation, subject to Section 4.5;
d) One bed and breakfast establishment or vacation home;
e) Accessory uses.
8.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
8.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
Where a public water supply is not
available: 2,000 m²
Where a public water supply is available:
1,860 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Depth
120.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
30 %
Maximum Building Height
10.5 m
Minimum Floor Area for a Single
Detached Dwelling
90 m²
Minimum Front Yard Depth
10.5 m
Minimum Interior Side Yard Depth
3.0 m
Minimum Exterior Side Yard Depth
10.5 m
Minimum Rear Yard
7.5 m
8.2
SPECIAL USE REGULATIONS
8.2.1
Minimum Separation Distance
From the edge of a railroad right-of-way: 30 m
8.3
EXCEPTIONS - RURAL RESIDENTIAL (RR) ZONE
8.3.1
Defined Area RR-1 as shown on Schedule "A", Map 10 of this By-law
a) Minimum Lot Area
1.25 hectares.
b) Minimum Lot Frontage
95 metres.
8.3.2
Defined Area RR-2 as shown on Schedule "A", Map 9 to this By-law
Page 64 of 103
a) Minimum Floor Area
70 m².
8.3.3
Defined Area RR-3 as shown on Schedule "A", Map 2 to this By-law
a) Maximum Floor Area for Accessory Buildings
Existing as of the date of passing of this By-law.
Page 65 of 103
SECTION 9
SPECIAL RURAL RESIDENTIAL (RS) ZONE REGULATIONS
9.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Special Rural Residential (RS) Zone except in accordance with the following regulations:
9.1.1
Permitted Uses
a) One single detached dwelling on one lot;
b) Additional Residential Units, subject to Section 4.53;
c) Agricultural uses as an accessory use;
d) Animal kennels;
e) Forestry uses;
f) One bed and breakfast establishment or vacation home;
g) One home occupation, subject to Section 4.5.
9.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
9.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
2,750 m²
Maximum Lot Area
8,093 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
30 %
Maximum Building Height
10.5 m
Minimum Floor Area for a Single
Detached Dwelling
90 m²
Minimum Front Yard Depth
15.0 m
Minimum Interior Side Yard Depth
3.0 m
Minimum Exterior Side Yard Depth
10.5 m
Minimum Rear Yard Depth
7.5 m
9.2
SPECIAL USE REGULATIONS
a) The maximum number of livestock permitted at any given time shall not exceed the
equivalent of one (1) nutrient unit as defined in the Nutrient Management Act, 2002
and associated regulations developed by the Province as amended from time to time.
b) In addition to the requirements of 9.1.3; a building housing livestock shall not be
erected or used closer than the distance determined on application of M.D.S. II.
c) In addition to the requirements of Section 9; an animal kennel shall not be erected or
used closer than:
i.
150 metres from a dwelling located on a neighbouring lot;
ii.
300 metres from the boundary of any village or hamlet, as shown on Schedule
"B", Schedule "C", Schedule "D", Schedule "E", Schedule "F", and Schedule "G"
to this By-law.
9.3
EXCEPTIONS - SPECIAL RURAL RESIDENTIAL (RS) ZONE
Page 66 of 103
9.3.1
Defined Area RS-1 as shown on Schedule "A", Map 9 of this By-law
a) Minimum Lot Size
1.0 hectare.
9.3.2
Defined Area RS-2 as shown on Schedule "A", Map 6 of this By-law
a) Minimum Lot Area
0.8 hectares.
b) Permitted Uses
Contractor's Yard or Shop in addition to all other uses permitted in the RS Zone.
9.3.3
Defined Area RS-3 as shown on Schedule "A", Map 15 of this By-law
a) Minimum Front Yard Depth
Notwithstanding Section 9, the existing Front Yard for the existing buildings and
structures shall be permitted.
b) Minimum Side Yard Depth
Notwithstanding Section 9, the existing westerly Side Yard for the existing livestock
barn and accessory buildings shall be permitted.
9.3.4
Defined Area RS-4 as shown on Schedule "A", Map 14 of this By-law
a) Minimum Lot Frontage
Notwithstanding any other Section of this By-law to the contrary, no frontage shall be
required on a public road. Access to the subject lands shall be provided via an existing
private right of way, which extends east from Hill Street through Part Lots 8 & 9,
Concession 9 to the subject site.
b) Minimum Lot Area
6.5 hectares.
9.3.5
Defined Area RS-5 as shown on Schedule "A", Map 6 of this By-law
a) Minimum Lot Area
1.9 hectares.
9.3.6
Defined Area RS-6 as shown on Schedule "A", Map 10 of this By-law
a) Minimum Lot Area
0.9 hectares.
9.3.7
Defined Area RS-7 as shown on Schedule "A", Map 15 of this By-law
a) Minimum Lot Area
1.27 hectares.
9.3.8
Defined Area RS-8 as shown on Schedule "A", Map 11 of this By-law
a) Permitted Uses
Motorcycle sales and repair business in addition to all other uses permitted in the RS
Zone.
Page 67 of 103
9.3.9
Defined Area RS-9 as shown on Schedule "A", Map 7 of this By-law
a) Minimum Lot Area
0.7 hectares.
9.3.10
Defined Area RS-10 as shown on Schedule "A" Map 12 of this By-law
a) Minimum Lot Area
1.52 hectares.
9.3.11
Defined Area RS-11 as shown on Schedule "A" Map 9 of this By-law
a) Minimum Lot Area
1.87 hectares.
9.3.12
Defined Area RS-12 as shown on Schedule "A" Map 5 of this By-law
a) Minimum Lot Area
1.2 hectares.
b) Prohibited Uses
Contractor's Yard or Shop.
9.3.13
Defined Area RS-13 as shown on Schedule "A" Map 11 of this By-law
a) Minimum Lot Area
1.0 hectare.
b) Minimum Side Yard for Buildings and Structures Used or Intended to be Used
for Livestock Purposes
3 metres.
9.3.14
Defined Area RS-14 as shown on Schedule "A", Map 10 to this By-Law
a) Minimum Lot Area
1850 m².
9.3.15
Defined Area RS-15 as shown on Schedule "A", Map 13 to this By-law
a) Minimum Setback from Lake Erie Shoreline
119 metres.
9.3.16
Defined Area RS-16 as shown on Schedule "A", Map 8 to this By-law
a) Minimum Lot Frontage
20 metres.
9.3.17
Defined Area RS-17 as shown on Schedule "A", Map 8 to this By-law
a) Minimum Lot Frontage
18 metres.
9.3.18
Defined Area RS-18 as shown on Schedule "A", Map 3 to this By-law (By-law 2016-
37)
Page 68 of 103
a) Minimum Lot Frontage
9.0 metres.
9.3.18 (b) Defined Area RS-18(b) as shown on Schedule "A", Map 5 to this By-law (By-law
2015-22)
a) MDS Exemption
Notwithstanding Section 4.48, the Minimum Distance Separation 1 setback for RS-18
shall be 225.0 metres to a livestock located at 27289 Aberdeen Line.
9.3.19
Defined Area RS-19 as shown on Schedule "A", Map 10 to this By-law (By-law 2016-
48)
a) Minimum Distance Separation Formulae
Notwithstanding Section 4.48, the Minimum Distance Separation I shall be 50.0 metres
to a livestock facility located at 29202 Marsh Line.
9.3.20
XXXXXX
9.3.21
Defined Area RS-21 as shown on Schedule "A", Maps 15 and 16 to this By-law (By-
law 2017-73)
a) Minimum Lot Frontage
18.4 metres.
9.3.22
Defined Area RS-22 as shown on Schedule "A", Map 7 to this By-law (By-law 2017-
33)
a) Minimum Lot Frontage
11.5 metres.
9.3.23
Defined Area RS-23 as shown on Schedule "A", Map 15 to this By-law (By-law 2018-
52)
a) Minimum Lot Frontage
9.0 metres.
9.3.24
Defined Area RS-24 as shown on Schedule "A", Map 12 to this By-law (By-law 2019-
14)
a) Minimum Rear Yard Depth
2.5 metres, existing accessory structures.
b) Minimum Side Yard Depth
0.19 metres, existing accessory structures.
9.3.25
Defined Area RS-25 as shown on Schedule "A", Map 13 to this By-law (By-law 2019-
84)
a) Permitted Uses
An Event Centre, in addition to the uses permitted in the RS Zone.
b) Permitted Buildings and Structures
The existing barn on the date of passing this By-law may be used for the use permitted
Page 69 of 103
in the RS-25 Zone and all other buildings and structures in the RS Zone.
c) Definition
'Event Centre' shall mean a building or part of a building used for wedding receptions,
banquets and other social gatherings.
d) Other
Minimum number of parking spaces required is 44 spaces. No more than 2 persons
may be employees which are not permanent residents of dwelling
9.3.26
Defined Area RS-26 as shown on Schedule "A", Map 14 to this By-law (By-law 2021-
25)
a) Minimum Lot Frontage
10.0 metres.
Page 70 of 103
SECTION 10
LIMITED SERVICE RESIDENTIAL (LSR) ZONE REGULATIONS
10.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected, altered or used in the
Limited Service Residential (LSR) Zone except in accordance with the following
regulations:
10.1.1
Permitted Uses
a) One seasonal single detached dwelling on one lot;
b) Accessory uses.
10.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
10.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
1,860 m²
Minimum Lot Frontage
30 m
Maximum Lot Coverage (includes
accessory buildings and structures)
20 %
Maximum Building Height
10.5 m
Minimum Floor Area for a Single
Detached Dwelling
90 m²
Minimum Front Yard Depth
6.0 m
Minimum Interior Side Yard Depth
4.5 m
Minimum Exterior Side Yard Depth
6.0 m
Minimum Rear Yard Depth
10.5 m
10.2
SPECIAL USE REGULATIONS
None.
10.3
EXCEPTIONS - LIMITED SERVICE RESIDENTIAL (LSR) ZONE
10.3.1
Defined Area LSR-1 as shown on Schedule "A", Map 15 of this By-law
a) Permitted Buildings and Structures
Existing buildings and structures for the permitted uses
Page 71 of 103
SECTION 11
HAMLET RESIDENTIAL (HR) ZONE REGULATIONS
11.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected, altered or used in the
Hamlet Residential (HR) Zone except in accordance with the following regulations:
11.1.1
Permitted Uses
a) One single detached dwelling on one lot;
b) One two-unit converted dwelling on one lot;
c) Additional Residential Units, subject to Section 4.53;
d) One home occupation, subject to Section 4.5;
e) One bed and breakfast establishment or vacation home;
f) Accessory uses.
11.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
11.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
1,000 m²
Minimum Lot Frontage
25.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
30 %
Maximum Building Height
10.5 m
Minimum Floor Area for a single
detached dwelling and two-unit
converted dwelling
90 m²
Minimum Front Yard Depth
6.0 m
Minimum Interior Side Yard Depth
2.0 m on one side and 3.0 m on the other side
with or without an attached garage or carport
Minimum Exterior Side Yard Depth
4.5 m
Minimum Rear Yard Depth
9.0 m
11.2
SPECIAL USE REGULATIONS
None.
11.3
EXCEPTIONS - HAMLET RESIDENTIAL (HR) ZONE
11.3.1
Defined Area HR-1(h) as shown on Schedule "C", Map 1 of this By-law
a) Permitted Uses
i.
One single detached dwelling on one lot.
ii.
Home occupation.
b) Special Regulations
No single detached dwelling shall be erected within 85 metres of any existing livestock
buildings.
11.3.2
Defined Area HR-2 as shown on Schedule "C", Map 1 of the By-law
Page 72 of 103
a) Permitted Uses
i.
An agricultural use;
ii.
One single detached dwelling on one lot; and
iii.
Home occupation.
b) Special Regulations
The regulations of Section 5 of this By-law shall apply to an agricultural use.
11.3.3
Defined Area HR-3 as shown on Schedule "E", Map 1 of this Plan
a) Minimum Lot Frontage
17.9 metres.
11.3.4
Defined Area HR-4 as shown on Schedule "C", Map 1 to this By-law
a) Minimum Lot Area and Frontage
Existing as of the date of passing of this By-law.
b) Maximum Height and Lot Coverage
Existing as of the date of passing of this By-law.
c) Minimum Yards
Existing as of the date of passing of this By-law.
11.3.5
Defined Area HR-5 as shown on Schedule "C", Map 1 to this By-law (By-law 2020-
63)
a) Permitted Uses
A residential secondary unit, in addition to the permitted uses in the HR Zone
Page 73 of 103
SECTION 12
VILLAGE RESIDENTIAL 1 (VR1) ZONE REGULATIONS
12.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Village Residential Zone 1 (VR1) except in accordance with the following regulations:
12.1.1
Permitted Uses
a) One single detached dwelling on one lot;
b) One semi-detached dwelling on one lot;
c) One duplex dwelling or one two-unit converted dwelling on one lot;
d) Additional Residential Units, subject to Section 4.53;
e) One bed and breakfast establishment or vacation home;
f) One home occupation, subject to Section 4.5;
g) Accessory uses.
12.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
12.1.3
Zone Provisions
Zone
Provision
Single Detached
Dwelling
Semi-Detached
Dwelling
Duplex or Two-Unit
Converted Dwelling
Minimum Lot
Area
465 m²
300 m² per lot
600 m²
Minimum Lot
Frontage
15.0 m
10.0 m per lot
20.0 m
Minimum Lot
Depth
30.0 m
30.0 m
30.0 m
Maximum
Lot
Coverage
(includes
accessory
buildings
and
structures)
35 %
40%
40 %
Minimum
Floor Area
80 m²
80 m²
80 m²
Maximum
Building
Height
12.0 m
12.0 m
12.0 m
Minimum
Front Yard
Depth
7.5 m
7.5 m
7.5 m
Page 74 of 103
Minimum
Interior Side
Yard Depth
1.5 m or where there
is no attached
garage, 3.0 m on
one side and
1.5 m on the other
side
1.5 m or where
there is no
attached
garage, 3.0 m on
one side and
1.5 m on the other
side, except
where there
is a common
wall there is
no side yard
requirement
1.5 m or where there is
no attached
garage, 3.0 m on
one side and
1.5 m on the other
side, except
where there
is a common
wall there is
no side yard
requirement
Minimum
Exterior Side
Yard Depth
4.5 m or 6.0 m
where any
garage door
opening is
located
4.5 m or 6.0 m
where any
garage door
opening is
located
4.5 m or 6.0 m
where any
garage door
opening is
located
Minimum
Rear Yard
Depth
7.5 m
7.5 m
7.5 m
12.2
SPECIAL USE REGULATIONS
None.
12.3
EXCEPTIONS - VILLAGE RESIDENTIAL 1 (VR1) ZONE
12.3.1
Defined Area VR1-1 as shown on Schedule "B", Map 1 of this By-law
a) Permitted Uses
Day care centre.
b) Minimum Lot Frontage
27.0 metres.
c) Minimum Lot Area
1.46 hectares.
12.3.2
Defined Area VR1-2 as shown on Schedule "B", Map 2 to this By-law
a) Permitted Uses
Existing residential uses; all uses permitted in the General Commercial (C1) Zone.
12.3.3
Defined Area VR1-3 as shown on Schedule "B", Map 1 to this By-law
a) Permitted Uses
i.
Existing VR1 permitted uses Motor Vehicle Body Shop;
ii.
Outdoor storage of vehicles is not permitted.
12.3.4
Defined Area VR1-4 as shown on Schedule "B", Map 2 to this By-law
a) Permitted Uses
i.
Animal Clinic within the dwelling that existed on the subject lands as of January
1, 2013, including a maximum of 5 parking spaces;
Page 75 of 103
ii.
All other uses permitted in the VR1 Zone, including a maximum of one (1)
residential dwelling.
b) Prohibited Uses
Animal kennel; On-site incineration of animals associated with the animal clinic;
Outdoor storage or boarding associated with the animal clinic.
12.3.5
Defined Area VR1-5 as shown on Schedule "B", Map 2 to this By-law (By-law 2017-
61)
a) Minimum Side Yard
i.
Where a garage or carport is attached: 1.37 m for all storeys;
ii.
Where no garage or carport is attached: 1.37 m for all storeys;
iii.
On a corner lot: 4.5 m on the side abutting a public street and 1.37 on the other
side for all storeys.
12.3.6
Defined Area VR1-6 as shown on Schedule "B", Map 2 to this By-law (By-law 2020-
65)
a) Minimum Side Yard
i.
Where a garage or carport is attached: 1.37 m for all storeys;
ii.
Where no garage or carport is attached: 1.37 m for all storeys;
iii.
On a corner lot: 3.5 m on the side abutting a public street and 1.37 m on the
other side for all storeys.
Page 76 of 103
SECTION 13
VILLAGE RESIDENTIAL 2 (VR2) ZONE REGULATIONS
13.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Village Residential Zone 2 (VR2) except in accordance with the following regulations:
13.1.1
Permitted Uses
a) Rowhouse or block rowhouse dwellings;
b) Multiple dwelling;
c) Apartment dwelling;
d) Nursing home or rest home;
e) Additional Residential Units, subject to Section 4.53;
f) Accessory uses.
13.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
13.1.3
Zone Provisions
Zone Provision
Rowhouse
or Block
Rowhouse
Dwellings
Multiple
Dwellings
Apartment
Dwellings
Nursing Home
or Rest Home
Minimum Lot Area
225 m² per
lot
700 m²
1,200 m²
1,200 m²
Minimum Lot
Frontage
7.5 m
for interior
units 9.0 m
for exterior
units 12.0 m
for exterior
units on
corner lots
18.0 m
30.0 m
30.0 m
Minimum Lot
Depth
40.0 m
40.0 m
40.0 m
40.0 m
Maximum Lot
Coverage
(includes
accessory
buildings and
structures)
50 % for
interior
units
40 % for
exterior
units
40 %
40 %
40 %
Maximum Building
Height
12.0 m
12.0 m
12.0 m
12.0 m
Minimum Floor
Area
80 m²
80 m²
80 m²
80 m²
Minimum Front
Yard Depth
7.5 m
7.5 m
7.5 m
7.5 m
Minimum Interior
Side Yard Depth
1.5 m,
except
where there
6.0 m
6.0 m
6.0 m
Page 77 of 103
is a common
wall there
is no side
yard
requirement
Minimum Exterior
Side Yard Depth
4.5 m
4.5 m
4.5 m
4.5 m
Minimum Rear
Yard Depth
7.5 m
7.5 m
7.5 m
7.5 m
Minimum
Landscaped Open
Space
35 %
35 %
35 %
35 %
13.2
SPECIAL USE REGULATIONS
None.
13.3
EXCEPTIONS - VILLAGE RESIDENTIAL 2 (VR2) ZONE
13.3.1
Defined Area VR2-1 as shown on Schedule "B", Map 1 of this By-law
a) Permitted Uses
Apartment Building - Senior Citizen Dwelling.
b) Minimum Lot Frontage
19.0 metres along County Road 15.
c) Minimum Parking Requirement
One space per dwelling unit.
d) Minimum Buffer Strip
A buffer strip 1.2 metres in width shall be provided along the west side lot line.
13.3.2
Defined Area VR2-2 as shown on Schedule "B", Map 2 of this By-law
a) Minimum Lot Frontage
20 metres.
13.3.3
Defined Area VR2-3 as shown on Schedule "B" Map 1 of this By-law
a) Permitted Uses
Apartment Building - Senior Citizen Dwelling.
b) Minimum Parking Requirement
One parking space per dwelling unit.
13.3.4
Defined Area VR2-4 as shown on Schedule "B" Map 2 of this By-law (By-law 2017-
05)
a) Minimum Lot Area
1,099 m².
b) Minimum Lot Frontage
19.5 metres.
c) Maximum Lot Coverage
34.5%.
Page 78 of 103
d) Sight Restriction on Corner Lot
Notwithstanding Section 4.19, the minimum triangular space between the street lines
at their point of intersection to a building or structure shall be 8.8 m.
Page 79 of 103
SECTION 14
HAMLET COMMERCIAL (HC) ZONE REGULATIONS
14.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Hamlet Commercial (HC) Zone except in accordance with the following regulations:
14.1.1
Permitted Uses
a) One bed and breakfast or vacation home;
b) Bus depots;
c) Catering establishments;
d) Clinics;
e) Convenience plazas;
f) Offices, general or professional;
g) Hotels, Motels or Taverns;
h) Laundry establishments;
i)
Library;
j)
Motor vehicle sales establishments;
k) Motor vehicle service establishments;
l)
Parking lots;
m) Personal service shops;
n) Places of entertainment;
o) Post offices;
p) Public garages;
q) Publishing and printing establishments;
r) Restaurants;
s) Retail stores;
t) Service shops;
u) Variety stores;
v) Accessory uses;
w) One dwelling unit above a commercial use, subject to Section 4.54, as an accessory use.
14.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
14.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
1,500 m²
Minimum Lot Frontage
25.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
40 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
7.5 m
Minimum Floor Area for Dwelling Unit 80 m²
Minimum Interior Side Yard Depth
4.5 m where the yard abuts a residential zone
No requirement in all other cases
Minimum Exterior Side Yard Depth
6.0 m
Page 80 of 103
Minimum Rear Yard Depth
10.5 m
Minimum Landscaped Open Space
30 %
14.2
SPECIAL USE REGULATIONS
None.
14.3
EXCEPTIONS - HAMLET COMMERCIAL (HC) ZONE
None.
Page 81 of 103
SECTION 15
HIGHWAY COMMERCIAL (C1) ZONE REGULATIONS
15.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Highway Commercial (C1) Zone except in accordance with the following regulations:
15.1.1
Permitted Uses
a) Antique Stores;
b) Auction sales facilities;
c) Greenhouses;
d) Drive-in theatres;
e) Garden supply centres;
f) Motels, Hotels or Taverns;
g) Motor vehicle service establishment with or without eating facilities;
h) Motor vehicle sales establishment;
i)
Restaurants, including drive-in or takeout;
j)
Lumber yards and building supply outlets;
k) Bulk sales establishments;
l)
Self-storage facilities;
m) Accessory uses.
15.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
15.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
2,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
30 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
10.0 m
Minimum Interior Side Yard Depth
6.0 m where a highway commercial zone
abuts a residential zone
3.0 m all other cases
Minimum Exterior Side Yard Depth
12.0 m for automobile uses or motel
7.5 m all other uses
Minimum Rear Yard Depth
7.5 m
Minimum Landscaped Open Space
30 %
15.2
SPECIAL USE REGULATIONS
None.
15.3
EXCEPTIONS - HIGHWAY COMMERCIAL (C1) ZONE
15.3.1
Defined Area C1-1 as shown on Schedule "B", Map 1 of this By-law
Page 82 of 103
a) Permitted Uses
Truck terminal in addition to all other uses permitted in the C1 Zone.
b) Minimum Interior Side Yard Between Buildings
6.0 metres.
c) Minimum Rear Yard Depth
1.0 metre.
15.3.2
Defined Area C1-2 as shown on Schedule "A", Map 13 of this By-law
a) Permitted Uses
i.
Motor vehicle service establishment without eating facilities;
ii.
Motor vehicle sales establishment;
iii.
Recreational vehicle sales and service establishment; Service shop;
iv.
One dwelling unit as an accessory use.
15.3.3
Defined Area C1-3-H-1 as shown on Schedule "B", Map 1 of this By-law (By-law 2016-
60)
a) Permitted Uses
i.
Animal clinic
ii.
Antique store
iii.
Auction sales facilities
iv.
Bulk sales establishment
v.
Clinic
vi.
Greenhouses
vii.
Convenience plaza
viii.
Drive-in theatre
ix.
Financial institution
x.
Garden supply centre
xi.
Hotel
xii.
Laundry establishment
xiii.
Motel
xiv.
Motor vehicle service establishment with or without eating facilities
xv.
Motor vehicle sales establishment
xvi.
Office, general
xvii.
Office, professional
xviii.
Recreational facility
xix.
Restaurant
xx.
Restaurant, drive-in or takeout
xxi.
Restaurant, drive-thru
xxii.
Retail store
xxiii.
Warehouse.
b) Prohibited Uses
Open storage areas.
c) Maximum Lot Coverage
35%.
d) Minimum Rear Yard Depth
3.0 m.
e) Minimum Floor Area
200 m².
Page 83 of 103
f) Additional Parking Requirements
i.
Restaurant, drive-in or takeout: 1 parking space per 10 m² of gross floor area
ii.
Restaurant, drive-thru: 1 parking space per 10 m² of gross floor area
g) Other
Section 4.13 Hazard Lands shall apply.
h) Holding Zone
Development within the C1-3-H-1 zone shall be prohibited until the H-1 - Holding has
been removed.
The H-1 Holding will not be removed until a Site Plan Approval Agreement has been
entered into between the Municipality and the Developer and registered against title,
that fully addresses municipal servicing for the lands, comprising; sanitary sewers,
water supply, drainage, storm water management, utilities, and vehicular circulation
and access; and, a Landscaping Plan has been prepared, to provide for landscaped
aesthetic and buffering areas, all to the satisfaction of the Municipality and the County
(if applicable).
Page 84 of 103
SECTION 16
VILLAGE GENERAL COMMERCIAL (VC1) ZONE REGULATIONS
16.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
General Commercial (VC1) Zone except in accordance with the following regulations:
16.1.1
Permitted Uses
a) Animal clinics;
b) One bed and breakfast establishment or vacation home;
c) Boarding and rooming houses;
d) Bus depots;
e) Catering establishments;
f) Place of worship, clubs, institutional uses;
g) Convenience plazas;
h) Dairies and bakeries;
i)
Farm equipment sales and service outlets;
j)
Financial institutions;
k) Funeral homes;
l)
Hospitals;
m) Hotels and taverns;
n) Laundry establishments;
o) Motor vehicle service establishments, motor vehicle sales establishments, public
garages, taxi service establishments, motor vehicle body shops;
p) Offices (business and professional);
q) Personal service shops;
r) Places of entertainment;
s) Private schools;
t) Publishing and printing establishments;
u) Recreational facilities;
v) Restaurants including fast-food, take-out but not drive-through;
w) Retail stores and service shops not engaged in manufacturing on the premises
unless such manufacturing is incidental to such retail business, does not exceed
fifty (50) percent of the total floor area of the establishment and the products
manufactured are primarily for sale at retail on the premises;
x) Residential uses connected to part of the commercial building and located over the
first storey commercial use, to a maximum of three storeys above the permitted
commercial use;
y) Accessory uses.
16.1.2
Permitted Buildings and Other Structures
a)
Buildings and structure for the permitted uses;
b)
Accessory buildings and structures for the permitted uses, subject to Section 4.2.
16.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
120 m²
Minimum Lot Frontage
6.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
90 %
Page 85 of 103
Maximum Building Height
12.0 m
Minimum Front Yard Depth
No requirement
Minimum Interior Side Yard Depth
5.0 m abutting a VR1, VR2, I, or P Zone
No requirement where there is a common
wall
1.0 m all other cases
Minimum Exterior Side Yard Depth
5.0 m
Minimum Rear Yard Depth
6.0 m where a building contains residential
dwelling
5.0 m abutting a VR1, VR2, I, or P Zone
No requirement where there is a common
wall
1.0 m all other cases
16.2
SPECIAL USE REGULATIONS
16.2.1
Buffer Strip
Notwithstanding anything else in this By-law, where a Village General Commercial (VC1)
Zone abuts a Residential, Open Space, or Parkland Zone, a strip of land not less than 1.5
metres in width adjacent to and inside the VC1 Zone boundary shall not be used for any
purpose other than a buffer strip in compliance with Section 4.26 of this By-law.
16.2.2
Dwelling Unit Size
Where a dwelling unit is permitted in a Village General (VC1) Commercial Zone the
minimum floor habitable space of the dwelling unit shall not be less than 60 m².
16.2.3
Motor Vehicle Service Establishments and Public Garages
Notwithstanding anything contained in this By-law, where a lot in Village Commercial
(VC1) Zone, is used for a motor vehicle service establishment or public garage, the
following special regulations shall apply:
Interior Lot
Corner Lot
Minimum lot frontage:
30.0 m
45.0 m
Minimum lot depth:
40.0 m
40.0 m
a) No portion of any pump island on a service station shall be located closer than 6 metres
from the street line of any street.
b) The minimum distance from the intersection of two street lines to the nearest ingress
or egress ramp shall be not less than 9.0 metres.
c) The maximum width of a curb ramp at the street line shall not exceed 7.5 metres.
Page 86 of 103
d) The minimum distance between ramps shall be not less than 9.0 metres.
e) The minimum interior angle of a ramp to a street line shall be 45 degrees, and the
maximum interior angle of a ramp to the street line shall be 90 degrees.
f) The distance between the property line of the lot at the street line and the nearest ramp
shall be a minimum of 3.0 metres.
g) 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 neat and clean in
appearance.
16.2.4
Awnings and Signs
Notwithstanding Section 4.24, signs and awnings may project into the public highway to a
maximum of 1.0 metre, within the VC1 defined area as shown on Schedule B, Map 2 of
this By-law.
16.3
EXCEPTIONS - VILLAGE GENERAL COMMERCIAL (VC1) ZONE
16.3.1
Defined Area VC1-1 as shown on Schedule "B", Map 2 to this By-law
a) Minimum Side Yard
0 metres on the south side yard and 2.0 metres on the north side yard.
b) Buffer Strip
Notwithstanding Section 16, a buffer strip will not be required along the southerly side
lot line.
16.3.2
Defined Area VC1-5 as shown on Schedule "B" Map 2 of this By-law
a) Dwelling Unit Size
The minimum floor area of a dwelling unit located above the main floor shall be 45 m².
Page 87 of 103
SECTION 17
VILLAGE LOCAL COMMERCIAL (VC2) ZONE REGULATIONS
17.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Local Commercial (VC2) Zone except in accordance with the following regulations:
17.1.1
Permitted Uses
a) Offices, professional;
b) Personal service shops;
c) Variety stores;
d) One bed and breakfast establishment or vacation home;
e) One dwelling unit connected to and forming an integral part of the commercial
building and provided with a separate access;
f) Accessory uses.
17.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
17.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
700 m²
Minimum Lot Frontage
20.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
40 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
7.5 m
Minimum Interior Side Yard Depth
5.0 m abutting a VR1, VR2, I or P Zone
No requirement where there is a common
wall
3.0 m all other cases
Minimum Exterior Side Yard Depth
5.0 m
Minimum Rear Yard Depth
6.0 m where a yard abuts a Commercial,
Industrial or Institutional Zone
10.0 m where a building contains a dwelling
unit
10.0 m all other cases
Minimum Landscaped Open Space
20 %
17.2
SPECIAL USE REGULATIONS
17.2.1
Buffer Strip
Notwithstanding anything else in this By-law, where a Village Local Commercial (VC2)
Zone abuts a Residential, Open Space, or Parkland Zone, a strip of land not less than 1.5
metres in width adjacent to and inside the Village Local Commercial (VC2) Zone boundary
Page 88 of 103
shall not be used for any purpose other than a buffer strip in compliance with Section 4.26
of this By-law.
17.2.2
Dwelling Unit Size
Where a dwelling unit is permitted in a Village Commercial Zone the minimum floor
habitable space of the dwelling unit shall not be less than 60 m².
17.2.3
Maximum Floor Area for Commercial Use
100 m².
17.3
EXCEPTIONS - VILLAGE LOCAL COMMERCIAL (VC2) ZONE
17.3.1
Defined Area VC2-1 as shown on Schedule "B", Map 2 of this By-law
a) Permitted Uses
A medical laboratory.
17.3.2
Defined Area VC2-2 as shown on Schedule "B", Map 1 of this By-law
a) Permitted Uses
A motor vehicle sales establishment and motor vehicle service establishment, in
addition to all other uses permitted in the VC2 Zone.
Page 89 of 103
SECTION 18
FARM INDUSTRIAL/COMMERCIAL (M1) ZONE REGULATIONS
18.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Farm Industrial/Commercial (M1) Zone except in accordance with the following
regulations:
18.1.1
Permitted Uses
a) Abattoirs;
b) Animal clinics;
c) Grain handling and storage facilities;
d) Farm equipment sales and services;
e) Farm fuel sales;
f) Feed mills;
g) Fertilizer plants;
h) Food processing plants;
i)
Livestock sales and marketing yards;
j)
Machine or welding shops for farm implements and equipment;
k) Meat packing operations;
l)
Sawmills;
m) Accessory uses;
18.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
18.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
30 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
10.0 m
Minimum Interior Side Yard Depth
5.0 m
Minimum Exterior Side Yard Depth
7.5 m
Minimum Rear Yard Depth
7.5 m
Minimum Landscaped Open Space
30 %
18.2
SPECIAL USE REGULATIONS
None.
18.3
EXCEPTIONS - FARM INDUSTRIAL/COMMERCIAL (M1) ZONE
None.
Page 90 of 103
SECTION 19
RURAL INDUSTRIAL (M2) ZONE REGULATIONS
19.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Rural Industrial (M2) Zone except in accordance with the following regulations:
19.1.1
Permitted Uses
a) Bulk sales establishments;
b) Contractor's yards;
c) Dog pounds;
d) Industrial uses light;
e) Industrial uses general;
f) Lumber and building material yards;
g) Machine or welding shops;
h) Public garages;
i)
Truck terminals;
j)
Accessory uses.
19.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
19.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
30 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
12.0 m
Minimum Interior Side Yard Depth
7.5 m
Minimum Exterior Side Yard Depth
7.5 m
Minimum Rear Yard Depth
9.0 m
Minimum Landscaped Open Space
30 %
19.2
SPECIAL USE REGULATIONS
None.
19.3
EXCEPTIONS - RURAL INDUSTRIAL (M2) ZONE
19.3.1
Defined Area M2-1 as shown on Schedule "A", Map 12 of this By-law
a) Permitted Uses
Farm equipment sales and service in addition to all other uses permitted in the M2
Zone.
b) Prohibited Uses
Retail sale of gasoline and motor fuels.
Page 91 of 103
SECTION 20
EXTRACTIVE INDUSTRIAL (M3) ZONE REGULATIONS
20.1
GENERAL USE REGULATIONS
No land shall be used, or no building or structure shall be erected, altered or used in the
Extractive Industrial (M3) Zone except in accordance with the following regulations:
20.1.1
Permitted Uses
a) Pits;
b) Agricultural uses;
c) Accessory uses.
20.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
20.1.3
Zone Provisions
Zone Provision
Excavation of a
Pit
Buildings, plants, structure or
product stockpiles accessory
to the pit and located on the
pit property
Minimum Lot Area
No requirement
No requirement
Minimum Lot Frontage
No requirement
No requirement
Maximum Lot Coverage
(includes accessory buildings
and structures)
No requirement
No requirement
Maximum Building Height
No requirement
No requirement
Minimum Front Yard Depth
30.0 m
30.0 m
Minimum Interior Side Yard
Depth
15.0 m
30.0 m
Minimum Exterior Side Yard
Depth
15.0 m
30.0 m
Minimum Rear Yard Depth
15.0 m
30.0 m
20.2
SPECIAL USE REGULATIONS
20.2.1
Minimum Setback from Residential
From an occupied dwelling:
60 metres
From a Residential or Institutional zone:
60 metres
20.2.2
Buffer Strip
Where an Extractive Industrial (M3) Zone abuts any residential (HR, RR, RS or LSR) Zone,
an Institutional (I) Zone, an Open Space (OS) Zone, a Lakeshore Recreation (LR) Zone,
or an opened road allowance, a buffer strip having a minimum width of 30.0 metres shall
be provided.
20.3
EXCEPTIONS - EXTRACTIVE INDUSTRIAL (M3) ZONE
None.
Page 92 of 103
SECTION 21
VILLAGE INDUSTRIAL (M4) ZONE REGULATIONS
21.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Industrial (M4) Zone except in accordance with the following regulations:
21.1.1
Permitted Uses
a) Bulk sales establishments;
b) Contractor's yards;
c) Industrial uses light;
d) Industrial uses general;
e) Lumber and building materials yards;
f) Machine or welding shops;
g) Motor vehicle sales establishments;
h) Public garages;
i)
Truck terminals;
j)
Accessory uses.
21.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
21.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
2,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage
(includes accessory buildings
and structures)
65 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
9.0 m
Minimum Interior Side Yard
Depth
8.0 m where the use abuts a Residential or
Parkland Zone
5.0 m all other cases
Minimum Exterior Side Yard
Depth
7.5 m
Minimum Rear Yard Depth
15.0 m where the use abuts a Residential or
Parkland Zone
7.5 m all other cases
21.2
SPECIAL USE REGULATIONS
21.2.1
Outdoor Storage
No outdoor storage shall be permitted in the front, side, or rear yard where such yard fronts
onto, lies opposite, or abuts a Residential or Parkland Zone.
21.2.2
Buffer Strips
Page 93 of 103
Where a Village Industrial (M4) Zone abuts any Residential Zone, a buffer strip as provided
in Section 4.26 of this By-law, as amended, shall be provided and the minimum width of
the planting strip shall be not less than 1.5 metres.
21.3
EXCEPTIONS - VILLAGE INDUSTRIAL (M4) ZONE
21.3.1
Defined Area M4-1 as shown on Schedule "B", Map 1 of this By-law
a) Permitted Uses
One dwelling unit as a main or accessory use in addition to all other uses permitted in
the M4 Zone.
b) Prohibited Uses
More than one dwelling unit.
21.3.2
Defined Area M4-2 as shown on Schedule "B", Map 1 of this By-law
a) Minimum Lot Area
2,875 m².
b) Permitted Uses
One (1) residential dwelling on one lot, in addition to all other uses permitted in the
Village Industrial (M4) Zone.
21.3.3
Defined Area M4-3 as shown on Schedule "B", Map 1 of this By-law (By-law 2015-34)
a) Permitted Uses
Office, general.
Page 94 of 103
SECTION 22
INSTITUTIONAL (I) ZONE REGULATIONS
22.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected, altered or used in the
Institutional (I) Zone except in accordance with the following regulations:
22.1.1
Permitted Uses
a) Clinics;
b) Schools, private and public;
c) Places of worship;
d) Nursing homes or rest homes;
e) Day care centres;
f) Indoor recreation facilities;
g) Community centres;
h) Government buildings;
i)
Funeral homes;
j)
One dwelling unit or single detached dwelling;
k) Accessory uses.
22.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
22.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
1,500 m² where a public water supply is not
available
700 m² where a public water supply is available
Minimum Lot Frontage
26.0 m where a public water supply is not
available
20.0 m where a public water supply is available
Maximum Lot Coverage (includes
accessory buildings and
structures)
40 %
Maximum Building Height
12.0 m
Minimum Front Yard Depth
7.5 m
Minimum Interior Side Yard Depth
3.0 m
Minimum Exterior Side Yard
Depth
7.5 m
Minimum Rear Yard Depth
7.2 m where a public water supply is not available
5.0 m where a public water supply is available
22.2
SPECIAL USE REGULATIONS
22.2.1
Buffer Strips
Where an Institutional (I) Zone abuts any Residential Zone, a Buffer strip as provided in
Section 4.26 shall be provided and the minimum width of the buffer strip shall be not less
Page 95 of 103
than 1.5 metres.
22.3
EXCEPTIONS - INSTITUTIONAL (I) ZONE 22.3.1
22.3.1
Defined Area I-1 as shown on Schedule "B" Map 2 of this By-law
a) Minimum Front Yard
3.5 metres.
b) Minimum Side Yard
No requirement.
22.3.2
Defined Area I-2 as shown on Schedule "B" Map 2 of this By-law (By-law 2018-16)
a) Permitted Uses
All uses permitted in the I Zone, except nursing home or rest home; senior citizen
dwelling, one dwelling unit or single detached dwelling.
Page 96 of 103
SECTION 23
OPEN SPACE (OS) ZONE REGULATIONS
23.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected, altered or used in the
Open Space (OS) Zone except for the following purposes:
23.1.1
Permitted Uses
a) Agricultural uses;
b) Campgrounds;
c) Cemeteries;
d) Conservation areas;
e) Fairgrounds;
f) Forestry uses;
g) Game preserves;
h) Golf courses;
i)
Parks, public or private;
j)
Rifle ranges and trap shooting ranges;
k) Accessory Uses;
l)
One dwelling unit or single detached dwelling as an accessory use.
23.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
23.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
20 %
Maximum Building Height
No requirement
Minimum Front Yard Depth
18.0 m
Minimum Interior Side Yard Depth
7.5 m
Minimum Exterior Side Yard Depth
7.5 m
Minimum Rear Yard Depth
7.5 m
23.2
SPECIAL USE REGULATIONS
23.2.1
Dwelling Units
a) An accessory dwelling unit shall:
i.
Have a minimum floor area of 90.0 m²
ii.
Be used as the residence of the owner/operator or an employee of the
owner/operator.
23.3
EXCEPTIONS - OPEN SPACE (OS) ZONE
23.3.1
Defined Area OS-1 as shown on Schedule "A", Map 9 of this By-law
a) Permitted Uses
Page 97 of 103
A forestry use, game preserve, a private park, agricultural use and a dwelling unit or
single- unit detached dwelling as an accessory use
23.3.2
Defined Area OS-2 as shown on Schedule "A", Map 9 of this By-law
a) Permitted Uses
A golf course, a dwelling unit or a single detached dwelling as an accessory use and
an agricultural use.
23.3.3
Defined Area OS-3 as shown on Schedule "C", Map 1 of this By-law
a) Permitted Uses
A fairground and an agricultural use.
23.3.4
Defined Area OS-4 as shown on Schedule "F", Map 1 of this By-law
a) Permitted Uses
i.
Campground;
ii.
Private park;
iii.
One dwelling unit or single detached dwelling as an accessory use.
b) Special Use Regulations
Notwithstanding any other Sections of this By-law to the contrary, a mobile home will
be a permitted use in a campground in the OS-4 Zone.
23.3.5
Defined Area OS-5 as shown on Schedule "A", Map 9 to this By-law
a) Permitted Uses
Conservation Use.
Page 96 of 103
SECTION 24
PARKLAND (P) ZONE REGULATIONS
24.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected or used in the Parkland
(P) Zone except for the following purposes:
24.1.1
Permitted Uses
a) Parks, public or private;
b) Conservation areas;
c) Dwelling unit for a caretaker or workman whose presence on the premises is necessary
at all times;
d) Accessory uses.
24.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
24.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
20 %
Maximum Building Height
No requirement
Minimum Front Yard Depth
7.5 m
Minimum Interior Side Yard Depth
7.5 m
Minimum Exterior Side Yard Depth
7.5 m
Minimum Rear Yard Depth
7.5 m
24.2
SPECIAL USE REGULATIONS
24.2.1
Building Regulations
Any buildings erected in a Parkland (P) Zone shall comply with Section 4.37 of this By-law
respecting parking requirements.
24.3
EXCEPTIONS - PARK AND RECREATION (P) ZONE
24.3.1
Defined Area P-1 as shown on Schedule "F", on Map 1 of this By-law
a) Permitted Use
One (1) single detached dwelling in accordance with the lot and yard regulations of
Section 9 of the Zoning By-law.
Page 97 of 103
SECTION 25
LAKESHORE RECREATION (LR) ZONE REGULATIONS
25.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected, altered or used in
the Lakeshore (LR) Zone except for the following purposes:
25.1.1
Permitted Uses
a) One seasonal single detached dwelling on one lot;
b) One bed and breakfast establishment or vacation home;
c) Campgrounds;
d) Conservation areas;
e) Golf courses;
f) Marinas;
g) Mobile home parks;
h) Parks, public or private;
i)
Accessory Uses;
j)
Commercial uses as an accessory use;
k) One dwelling unit as an accessory use.
25.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
25.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
20 %
Maximum Building Height
No requirement
Minimum Front Yard Depth
18.0 m
Minimum Interior Side Yard Depth
7.5 m
Minimum Exterior Side Yard Depth
7.5 m
Minimum Rear Yard Depth
7.5 m
25.2
SPECIAL USE REGULATIONS
None.
25.3
EXCEPTIONS - LAKESHORE RECREATION (LR) ZONE
None.
Page 98 of 103
SECTION 26
ENVIRONMENTAL PROTECTION (EP) ZONE REGULATIONS
26.1
GENERAL USE REGULATIONS
No land shall be used, or no buildings or structures shall be erected altered or used in the
Environmental Protection (EP) Zone except for the following purposes:
26.1.1
Permitted Uses
a) Conservation areas;
b) Forestry uses;
c) Parks, public or private;
d) Accessory uses;
e) Agricultural uses.
26.1.2
Prohibited Uses
a) Buildings and structures
26.1.3
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
26.1.4
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes accessory
buildings and structures)
No requirement
Maximum Building Height
No requirement
Minimum Front Yard Depth
No requirement
Minimum Interior Side Yard Depth
No requirement
Minimum Exterior Side Yard Depth
No requirement
Minimum Rear Yard Depth
No requirement
26.2
SPECIAL USE REGULATIONS
None.
26.3
EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE
None.
Page 99 of 103
SECTION 27
PUBLIC UTILITY (U) ZONE REGULATIONS
27.1
GENERAL USE REGULATIONS
No land shall be used, and no buildings or structures shall be erected, used, or altered in
the Public Utility (U) Zone except for the following purposes:
27.1.1
Permitted Uses
a) Flood and erosion controls;
b) Utility stations;
c) Highway maintenance yards;
d) Municipal waste disposal sites.
27.1.2
Permitted Buildings and Other Structures
a) Buildings and structure for the permitted uses;
b) Accessory buildings and structures for the permitted uses, subject to Section 4.2.
27.1.3
Zone Provisions
Zone Provision
Main Building
Minimum Lot Area
4,000 m²
Minimum Lot Frontage
30.0 m
Maximum Lot Coverage (includes
accessory buildings and structures)
No requirement
Maximum Building Height
No requirement
Minimum Front Yard Depth
No requirement
Minimum Interior Side Yard Depth
No requirement
Minimum Exterior Side Yard Depth
No requirement
Minimum Rear Yard Depth
No requirement
27.2
SPECIAL USE REGULATIONS
None.
27.3
EXCEPTIONS - PUBLIC UTILITY (U) ZONE
None.
Page 100 of 103
SECTION 28
TEMPORARY (T) ZONE REGULATIONS
28.1
GENERAL USE REGULATIONS
28.1.1
Permitted Temporary Uses
The following temporary uses will be permitted subject to a site-specific Zoning By-law
amendment for the time period ending as listed in Section 28.2:
T1: Deleted
T2: One (1) mobile home or one (1) park model home in conjunction with a farm operation
intended as a supplementary farm dwelling;
T3: Deleted
T4: One (1) mobile home or one (1) park model home for a family member, including but
not limited to an elderly, convalescent or challenged family member who is related to
a resident of a permanent dwelling on the same property. Without limiting the
generality of the foregoing, such temporary residential accommodation may include a
"Garden Suite" (as defined in the Planning Act), "Granny Flat" or "Portable Living Unit"
as described by the Province;
T5: One (1) mobile home or one (1) travel trailer to be used as a site office or for
accommodation for a caretaker or watchman during a large construction project.
28.1.2
Supplementary Regulations
Temporary uses will be subject to the main use zoning provisions of this By-law for the
applicable zone in which the temporary use is located.
28.1.3
Expiration of Temporary Zoning
Upon expiration of a Temporary (T) Zone, the lands subject to the temporary zoning will be
revert to the regulations of the underlying zone prior to temporary rezoning.
28.2
DEFINED AREA AND END DATES
28.2.1
Defined Area RS-T4 as shown on Schedule "A", Map 16 to this By-law (By-law 2016-
42 - expires June 8, 2026)
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed ten (10)
years from the day of the passing of the By-law (that being the 8th day of June 2016)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.2
Defined Area A1-T4 as shown on Schedule "A", Map 9 to this By-law (By-law 2018-
25 - expires March 28, 2038)
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed twenty (20)
years from the day of the passing of the By-law (that being the 28th day of March 2018)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.3
Defined Area A1-T4 as shown on Schedule "A", Map 10 to this By-law (By-law
2018-44 - expires July 11, 2038)
Page 101 of 103
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed twenty (20)
years from the day of the passing of the By-law (that being the 11th day of July 2018)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.4
Defined Area A1-T4 as shown on Schedule "A", Map 16 to this By-law (By-law
2020-19 - expires March 11, 2040)
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed twenty (20)
years from the day of the passing of the By-law (that being the 11th day of March 2020)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.5
Defined Area RS-T1 as shown on Schedule "A", Map 4 to this By-law (By-law 2020-
20 - expires March 11, 2021).
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed one (1) year
from the day of the passing of the By-law (that being the 11th day of March 2020) or
sooner should the occupier no longer require the temporary use, unless further periods
of time not exceeding three (3) years have been granted Council.
28.2.6
Defined Area HR-T4 as shown on Schedule "C", Map 1 to this By-law (By-law 2020-
36 - expires May 27, 2040)
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed twenty (20)
years from the day of the passing of the By-law (that being the 27th day of May 2020)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.7
Defined Area A1-T1 as shown on Schedule "A", Map 14 to this By-law (By-law
2021-45 - expires June 9, 2024)
a) End Date
The period of time for which this By-law shall be in effect, shall not exceed three (3)
years from the day of the passing of the By-law (that being the 9th day of June 2021)
or sooner should the occupier no longer require the temporary use, unless further
periods of time not exceeding three (3) years have been granted Council.
28.2.8
Defined Area A3-2-T1 as shown on Schedule "A", Map 3 to this By-law (By-law
2022-21 - expires February 9, 2023)
b) End Date
The period of time for which this By-law shall be in effect, shall not exceed one (1) year
from the day of the passing of the By-law (that being the 9th day of February 2022) or
sooner should the occupier no longer require the temporary use, unless further periods
of time not exceeding three (3) years have been granted Council.