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TOWNSHIP OF EAST GARAFRAXA
ZONING BY-LAW
60-2004
Township Consolidation
January 2011
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION
1
1.1
Title
1
1.2
Area Affected by this By-law
1
1.3
Building Permits
1
1.4
Enforcement
1
1.5
Severability Provision
1
1.6
Repeal of Existing By-laws
2
1.7
Effective Date
2
1.8
Use of Land, Buildings and Structures
2
1.9
Application of Other Regulations
2
SECTION 2 - ESTABLISHMENT OF ZONES
3
2.1
Zones
3
2.2
Zone Schedule
3
2.3
Special Zones
3
2.4
Determining Zoning Boundaries
3
2.5
Compliance with Zoning By-law
4
2.6
Holding Provisions
4
SECTION 3 - GENERAL PROVISIONS
5
3.1
Application
5
3.2
Accessory Buildings, Structures and Uses
5
3.3
Access on Improved Public Street
8
3.4
Established Building Line in Residential Zone
8
3.5
Height Exceptions
8
3.6
Home Industry
8
3.7
Home Occupation
9
3.8
Loading Space Requirements
10
3.9
Mobile Homes
11
3.10
Multiple Zones on One Lot
11
3.11
Non Conforming Uses
11
3.12
Non-Complying Lots, Buildings, Structures and Uses
12
3.13
Noxious Trade
13
3.14
Number of Dwelling Units on a Lot
13
3.15
Parking Area Regulations
13
3.16
Peat Extraction, Pits and Quarries
16
3.17
Planting Strips
16
3.18
Public Uses
17
3.19
Portable Asphalt Plants
18
3.20
Reduction of Requirements
18
3.21
Restrictions on Dwelling Units in Non-Residential Buildings
18
3.22
Services Required
18
3.23
Sight Triangles
18
3.24
Signs
19
3.25
Special Setbacks
19
3.26
Temporary Construction Uses
20
3.27
Through Lots
20
3.28
Travel Trailers and Campers
20
SECTION 4 - ZONE PROVISIONS
4.1
Agricultural
A
21
4.2
Rural
RU
24
4.3
Rural Residential
RR
26
4.4
Estate Residential
ER
30
4.5
Hamlet Residential
HR
34
4.6
General Commercial
CG
35
4.7
Highway Commercial
CH
38
4.8
Business Park
BP
41
4.9
Recreational
RE
44
4.10
Institutional
I
45
4.11
Industrial
M1
46
4.12
Extractive Industrial
MX
48
4.13
Waste Disposal Industrial
MD
50
4.14
Open Space
OS
51
4.15
Environmental Protection
EP
52
SECTION 5
DEFINITIONS
53
SECTION 6
ENACTMENT
75
APPENDIX A
ILLUSTRATIONS
SCHEDULE "A"
LAND USE
A-1
Marsville
A-2
Orton
SCHEDULE "B"
MDSI
SCHEDULE "C"
MDSII
Township of East Garafraxa Zoning By-law 60-2004
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SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Township of East
Garafraxa."
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands and lands under water within the Township of
East Garafraxa.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is issued
for the erection, additions to or alteration of any building or structure.
1.4
ENFORCEMENT
Any person convicted of a violation of this By-law is liable on first conviction to
a fine of not more than $25,000, and on a subsequent conviction to a fine of
not more than $10,000, for each day or part thereof upon which the
contravention has continued after the day on which the person was first
convicted in accordance with The Planning Act.
Any Corporation convicted of violation of this By-law is liable on first conviction
to a fine of not more than $50,000, and on a subsequent conviction to a fine of
not more than $25,000, for each day or part thereof upon which the
contravention has continued after the day on which the person was first
convicted in accordance with The Planning Act.
If any buildings or structures or any part thereof is to be erected, altered,
reconstructed or extended, or any lot is being used or is to be used, in
contravention of any requirement of this By-law, such contravention may be
restrained by action at the instance of any rate-payer or of the Municipality
pursuant to the provisions of The Planning Act, R.S.O. 1990 and/or the
Municipal Act, R.S.O. 1990 and/or any other legislation applicable.
1.5
SEVERABILITY PROVISION
A decision of a Court that one or more of the provisions of this By-law are
invalid in whole or in part does not affect the validity, effectiveness, or
enforceability of the other provisions or parts of the provisions of this By-law.
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1.6
REPEAL OF EXISTING BY-LAWS
Upon this By-law coming into force and effect, By-law No. 21/82 of the
Township of East Garafraxa and all amendments thereto are hereby repealed.
1.7
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there are
no appeals filed, or where appeals are filed, where all of the appeals are finally
disposed of by the Ontario Municipal Board.
1.8
USE OF LAND, BUILDINGS AND STRUCTURES
No lands, buildings or structures within the area covered by this By-law shall
be used for any purpose except as otherwise permitted by this By-law. Any
use of land defined in this By-law but not specifically permitted in any zone is
prohibited by the By-law.
1.9
APPLICATION OF OTHER REGULATIONS
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other by-law of the Township of East
Garafraxa or any other Federal or Provincial regulation that may affect the use
of lands, buildings or structures in the Township.
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SECTION 2
ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following zones are established and they
may be referred to by the name or by the symbol set opposite the name of the
zone below:
A
-
Agricultural
RU
-
Rural
RR
-
Rural Residential
ER
-
Estate Residential
HR
-
Hamlet Residential
CG
-
General Commercial
CH
-
Highway Commercial
RE
-
Recreational
I
-
Institutional
M1
-
Industrial
MX
-
Extractive Industrial
MD
-
Waste Disposal
OS
-
Open Space
EP
-
Environmental Protection
2.2
ZONE SCHEDULE
The zones and zone boundaries are shown on the attached Schedule "A", "A-
1, and "A-2" which form part of this By-law and are comprised of a series of
maps.
2.3
SPECIAL ZONES
Where a zone symbol is followed by a dash and a number, (for example RM-1)
there are special provisions that apply to the zone. These special provisions
are contained in the section of the By-law that applies to the primary zone.
2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane is
considered to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centre line of a street or
lane is considered to be the centre line of the street or lane.
iii)
Unless the location of a zone boundary is specified by dimensions on
the zoning map, a zone boundary which lies within a lot shall be fixed
by the scale of the Schedule upon which it is shown.
iv)
A zone boundary shown following approximately a shoreline of a river
or the centre line of a creek, stream or channel is considered to be the
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
shoreline or centre line and moves with any natural change in the
shoreline.
v)
Where lands have not been identified as being in a zone on the
Schedules, they shall be deemed to be in the Open Space (OS) Zone.
2.5
COMPLIANCE WITH ZONING BY-LAW
No person shall change the use of any building, structure or land, or erect or
use any building or structure or occupy any land or building, except in
accordance with the provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the
Township of East Garafraxa.
No person shall use any land or locate any building or structure such that the
uses, buildings or structures on other lands would no longer comply with the
provisions of this By-law.
2.6
HOLDING PROVISIONS
Where a zone symbol is followed by a dash and the letter "H" (for example: M1-
H), the lands shall only be used for existing uses and the expansion of those
uses as of the date of adoption of this By-law.
Council may pass a By-law pursuant to Section 36 of the Planning Act R.S.O.
1990 to remove the Holding (H) symbol, thereby placing the lands in the zone
indicated by the zone symbol when all of the applicable following requirements
have been met:
i)
the appropriate sanitary services and water supply have been
approved to service the land;
ii)
all conditions of consent or subdivision have been fulfilled;
iii)
where the lands are subject to site plan control under Section 41 of the
Planning Act R.S.O. 1990, a site plan agreement in accordance with the
provisions of the Planning Act has been registered on the title of the
lands;
iv)
where a development agreement has been registered on title of the
lands; and
v)
the required permits from all other approval agencies have been
issued.
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SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands within the
Township of East Garafraxa unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure
may be erected or used for a purpose, that purpose shall include any
accessory building or structure or accessory use, provided the principle
building, structure or use is already in existence on the lot, but shall not include
the following:
i)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is
specifically permitted in accordance with this By-law; or
ii)
any building used for human habitation except in accordance with this
By-law, as is specifically permitted
iii)
a motor vehicle or trailer or any portion thereof.
Legal non-conforming uses shall be permitted to have accessory uses,
buildings and structures in accordance with the provisions in this section of the
By-law and the provisions of the applicable zone.
For the purposes of this By-law a barn shall be considered as a principle
building in an Agricultural or Rural Zone.
3.2.2
Setback and Yard Requirements
Except as otherwise provided herein, in all Zones any accessory building or
structure, which is detached from the principle building, shall be erected in
compliance with the yard and setback requirements of the zone in which such
building is located, but shall not be closer to the front lot line or exterior side lot
line than the principle building on the lot.
Within an Agricultural, Rural, Rural Residential and Open Space Zones, a
permitted accessory building shall be permitted in the front yard and exterior
side yard provided that the building meets the front yard and exterior side yard
requirements of the zone in which it is located.
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3.2.3
Lot Coverage and Height
Unless otherwise specified in this By-law the total lot coverage of all accessory
buildings and structures, except swimming pools, shall be 10 percent and the
maximum height of any accessory building or structure shall be 4.5 metres.
Within a Commercial or Industrial Zone, the total lot coverage of all accessory
buildings or structures shall not exceed 40 percent of the total area of the
principle building. The height of any accessory building or structure shall not
exceed the height restrictions of the respective Zone.
3.2.4
Accessory Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the contrary,
drop awnings, clothes poles, garden trellises, retaining walls less than 1.0
metres above the average finished grade, fences, signs or similar uses which
comply with the By-laws of the Township, shall be permitted in any required
interior side or rear yard.
Swimming pools shall be constructed in accordance with the requirements of
the By-law for Accessory Buildings and Structures except that no water
circulating or pumping equipment shall be located closer than 3.0 metres to
any side or rear lot line.
Satellite antennas exceeding 1.0 metres in diameter shall be required to meet
the applicable yard requirements for principle uses in a Zone.
Windmills and wind turbine generators exceeding a blade span greater than 2
metres shall be required to meet the applicable yard requirements for principle
uses in a zone.
3.2.5
Fire Escapes
Notwithstanding the yard and setback provisions of this By-law to the contrary,
unenclosed fire escapes may encroach into any required rear yard a maximum
distance of 1.5 metres.
3.2.6
Garages or Other Accessory Buildings or Structures
Notwithstanding the yard and setback provisions of this By-law to the contrary,
a detached private garage or other accessory building or structure may be
erected and used in an interior side or rear yard, provided that the following
requirements are met.
i)
Interior Side Yard
Where such accessory building or structure is located in an interior
side yard, it shall not be closer than 1.5 metres to the interior side lot
line.
ii)
Rear Yard
Where such accessory building or structure is located in a rear yard, it
shall not be closer than 1.5 metres to the rear lot.
iii)
Distance from Main Building
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Where such accessory building or structure is located in a side or rear
yard, it shall not be closer than 2.0 metres from the main building.
3.2.7
Decks, Steps, Balconies or Patios
Notwithstanding the yard and setback provisions of this By-law, to the contrary,
decks, steps, balconies and patios may project into any required yard or
setback a maximum distance of 2.0 metres, but shall not be closer than 1.5
metres to any lot line. Where the floor of any porch, balcony or deck is in
excess of 1.0 metres above finished grade, the side yard and rear yard
requirements for the principal building shall apply.
3.2.8
Garden Suite
Garden suites may be permitted as a temporary use in the Agricultural, Rural
and Rural Residential zones that permit a dwelling unit provided that:
i)
the unit is occupied by an immediate family member of the occupant of
the primary residential use;
ii)
the lot has sufficient sewage and water services to accommodate the
unit;
iii)
the unit does not exceed 55 square metres;
iv)
Council has passed a temporary use By-law under Section 39 of the
Planning Act; and,
v)
there is an agreement between the owner and Township that provides
for the removal of the building when it is no longer required.
3.2.9
Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law, to the contrary,
in an Industrial Zone, a gate house not exceeding 9.0 square metres shall be
permitted in a required front or side yard or in the area between the street line
and the required yard.
3.2.10
Ornamental Structures and Windows
Notwithstanding the yard and setback provisions of this By-law to the contrary,
sills, chimneys, cornices, eaves, gutters, parapets, pilasters, windows or other
ornamental structures may project into any required yard a maximum distance
of 0.6 metres.
3.2.11
Outdoor Furnaces
Outdoor furnaces shall only be permitted on lots having a minimum area of 1.0
hectare, shall have a minimum stack height of 2.8 metres and shall be setback
not less than 15 metres to any lot line and shall not be permitted in the front
yard.
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3.3
ACCESS ON IMPROVED PUBLIC STREET
No person shall erect any building or structure in any Zone after the date of
passing of this By-law, unless the lot upon which such building or structure is to
be erected has frontage upon an improved public road that is maintained year
round and such building or structure complies with the setback provisions of
this By-law.
The above provisions shall not apply to prevent the erection of a permitted
building or structure on a lot in a registered Plan of Subdivision where a
properly executed Subdivision Agreement has been entered into with the
Township, notwithstanding that the street or streets will not be assumed by the
Township until the end of the maintenance period.
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law, to the contrary, where a
dwelling is to be erected in a Residential Zone between existing dwellings on
the same street, such dwelling may be built with a front yard and setback equal
to the average yard of the adjacent dwellings on the same side of the street
within 100 metres of the lot provided that the dwelling to be erected is not
located within 18 metres of the center line of a public street.
3.5
HEIGHT EXCEPTIONS
Notwithstanding the height provisions of this By-law to the contrary, nothing in
this By-law shall apply to prevent the erection, alteration, or use of a barn or
silo, a church spire, a belfry, a flag pole, a clock tower, a chimney, a water
tank, a radio or television tower or antenna, an air conditioner duct, a grain
elevator, incidental equipment required for processing, external equipment
associated with internal equipment or machinery and conveying equipment,
which exceeds the maximum height requirements provided the main or
principal use is permitted within the zone in which it is located and provided all
other applicable provisions of this By-law are complied with.
Minimum setbacks from any lot line for all towers shall be 1.5 times the tower
height.
3.6
HOME INDUSTRY
Where a home industry is permitted as an accessory use to a single detached
dwelling the following provisions shall apply:
i)
In addition to persons living on the premises not more than two (2)
employees shall be engaged in the home industry.
ii)
Such home industry may be located in part of a dwelling or in any
accessory building located on a lot on which a dwelling is in existence,
provided the total gross floor area utilized by the home industry does
not exceed a maximum of 140 square metres.
Township of East Garafraxa Zoning By-law 60-2004
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iii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 1.0 square metres.
iv)
There shall be no outside storage of goods, materials or articles .
v)
Only currently licensed motor vehicles, associated with the home
industry may be parked or stored on the lot only in an interior side or
rear yard.
vi)
A boarding kennel shall not be permitted as a home industry.
3.7
HOME OCCUPATION
Where a home occupation is permitted the following provisions shall apply:
i)
In addition to persons living on the premises not more than one (1)
employee shall be engaged in the business and working from the
dwelling. In the case of a dentist, doctor or other health care providers
there may be one additional provider in a home occupation.
ii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 0.5 square metres.
iii)
There shall be no goods, wares, or merchandise offered for sale or
rent on the premises other than what is produced on the premises.
iv)
There shall be no outside storage of goods, materials, containers or
animal enclosures used in conjunction with the home occupation.
v)
Not more than 25 percent of the gross floor area not including the
basement of the dwelling shall be used for the purposes of the home
occupation, and such home occupation shall be conducted entirely
within the dwelling.
vi)
There shall be no mechanical or other equipment used except that
which is customarily used in a dwelling for domestic or household
purposes or for use by a hairdresser or barber, dentist, drugless
practitioner, physician, or other professional person.
vii)
A home occupation shall not include a boarding or lodging house, an
eating establishment, or a facility offering accommodation or meals.
viii)
A home occupation shall be secondary to the principle residence and
shall not change the residential character of the lot.
ix)
One home occupation only shall be permitted in conjunction with a
single detached dwelling.
x)
Parking for the home occupation shall be limited to four spaces located
in the side or rear yard only.
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3.8
LOADING SPACE REQUIREMENTS
3.8.1
Loading Space
Loading spaces are required under this By-law, in accordance with the Loading
Space Requirement Table set forth herein, and the owner of every commercial
or industrial building or structure erected for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods, wares,
merchandise or raw materials shall provide and maintain loading and
unloading spaces on the lot accordingly. For the purposes of this By-law, each
loading or unloading space shall be 15 metres in length, 3.5 metres in width
and have a vertical clearance of at least 4.3 metres.
3.8.2
LOADING SPACE REQUIREMENT TABLE
Gross Floor Area of Building
Loading Spaces Required
Less than 300 square metres
None
300 square metres to 2300 square
metres or less
1 space
Exceeding 2300 square metres but
not exceeding 7400 square metres
2 spaces
Exceeding 7400 square metres
1 space for each additional 7400
square metres.
3.8.3
Access
Access to loading spaces shall be by means of a driveway of at least 3.5
metres in width contained on the lot on which the spaces are located and
leading to an improved year round maintained public road.
3.8.4
Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be
maintained with a stable surface that is treated to prevent the raising of dust.
Such loading facilities shall, before being used, be surfaced with asphalt,
concrete, or crushed stone, gravel or brick and shall include provisions for
drainage facilities.
3.8.5
Location
Required loading spaces shall be located in the interior side or rear yard unless
such space or spaces are removed from the street line a minimum distance of
20 metres.
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3.8.6
Additions to or Change in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any
building in existence at the date of passing of this By-law so long as the gross
floor area, as it existed at such date, is not increased by more than 300 square
metres. If an addition is made to the building or structure which increases the
gross floor area or the use of the building changes, then additional loading
spaces shall be provided as required by this Section, in accordance with the
provisions of Section 3.8.2, the Loading Space Requirement Table, for such
addition.
3.9
MOBILE HOMES
Mobile homes may be used as dwelling units only as an accessory dwelling in
an Agricultural Zone by a temporary use By-law passed by Council that permits
accessory dwellings where they meet the following requirements:
a)
the structure shall be constructed to C.S.A. Standards for mobile
homes or park model trailers;
b)
the structure shall have at least 65 square metres of ground floor area;
c)
the structure shall be completely enclosed from the surface of the
finished grade to the roof; and,
d)
the structure shall be fully serviced with running water, electricity and
sanitary sewage facilities.
Building permits are required for the placement of mobile homes on any lands.
3.10
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one zone under the provisions of this By-
law, each such portion of the lot shall be used in accordance with the zone
provisions of this By-law for the applicable zone as if it were a separate lot.
The lot area and lot frontage requirements of the most restrictive zone on the
lot shall be applied to the entire lot. This section shall not be applied for the
purposes of allowing additional dwelling units that would not otherwise be
permitted by this by-law.
3.11
NON-CONFORMING USES
3.11.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing
lot, building or structure for any purpose prohibited by this By-law if such
existing lot, building or structure was lawfully used for such purpose, prior to
the effective date of this By-law and provided that the lot, building or structure
continues to be used for that purpose. Where the use ceases to exist for a
period of two years, the use will be deemed to have been discontinued.
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3.11.2
Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior to the
effective date of this By-law for a purpose not permissible within the zone in
which it is located, prior to the effective date of this By-law, shall not be
enlarged, extended more than 0.2 metres, reconstructed or otherwise
structurally altered, unless such building or structure is thereafter to be used for
a purpose permitted within such zone.
3.11.3
Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose
not permissible within the zone in which it is located prior to the effective date
of this By-law, may be reconstructed or structurally altered, in order to render
the building or structure more convenient for the existing purpose for which it
was lawfully used.
3.11.4
Restoration To A Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing, legal non-conforming building or structure or part
thereof, provided that the strengthening or restoration does not increase the
building height, size or volume or change the existing, lawful use of such
existing building or structure unless these changes are necessary to provide
for flood proofing.
3.11.5
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for
a purpose prohibited by this By-law, of any building or structure, the plans for
which have, prior to the date of passing of this By-law, been approved by the
Chief Building Official, so long as the building or structure, when erected, is
used and continues to be used for the purpose for which it was erected.
3.12
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES
3.12.1
Permitted Buildings or Structures
Where a building or structure is located on a lot having less than the minimum
frontage and/or lot area, and/or having less than the minimum setback and/or
side yard and/or rear yard required by this By-law, the said building or structure
may be enlarged, reconstructed, repaired and/or renovated provided that:
i)
the enlargement, reconstruction, repair and/or renovation does not
further reduce the deficient front yard, and/or side yard and/or rear
yard and/or lot coverage;
ii)
the building or structure is being used for a purpose permissible within
the zone in which it is located; and,
iii)
all other applicable zone provisions of this By-law are complied with.
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3.12.2
Reconstruction of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any permitted
building which is accidentally damaged or destroyed by causes beyond the
control of the owner. Such permitted building may be reconstructed in
accordance with the previously existing standards, even if such did not
conform with one or more of the provisions of this By-law provided that the
reconstruction occurs within 24 months of the damage being done, but the
non-compliance may not be further increased.
3.12.3
Existing Undersized Lots of Record
Where a lot, created by consent or plan of subdivision having a lesser lot area
and/or lot frontage than required herein, existed on the date of passing of this
By-law, or where such a lot is created by a public authority, such smaller lot
may be used and a permitted building or structure, may be erected, altered
and/or used on such smaller lot provided that the lot is located on a year-round
maintained public road and all other applicable zone provisions of this By-law
are complied with.
Lots which have been increased in size following passing of this By-law may
also be used in accordance with this provision.
3.13
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no use
shall be permitted which, from its nature or the materials used therein, is
defined as a noxious trade, business or manufacture under The Health
Protection and Promotion Act, as amended, and the Regulations promulgated
there under.
3.14
NUMBER OF DWELLING UNITS ON A LOT
Unless otherwise permitted in this By-law, no more than one dwelling unit shall
be permitted on any lot.
3.15
PARKING AREA REGULATIONS
3.15.1
Parking Space Requirements
The owner of land, building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain parking spaces for
the sole use of the owner, occupant, or other persons entering upon or making
use of the said premises, from time to time.
Parking spaces are required under this By-law, in accordance with Section
3.15.9, the Parking Space Requirement Table. Where the calculation of
required spaces exceeds a whole space by more than 0.25, the required
spaces shall be the next whole number.
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3.15.2
Parking Area Surface
Non-Residential parking spaces and driveways connecting the parking spaces
or area with a street shall be maintained with a stable surface that is treated so
as to prevent the raising of dust. Such parking spaces or areas shall, before
being used, be constructed of asphalt crushed stone, gravel, concrete or
similar material and shall include provisions for drainage facilities.
3.15.3
Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and areas
shall be provided by means of unobstructed driveways or
passageways of at least 3 metres in width but not more than 9 metres
in perpendicular width.
ii)
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be 9 metres.
iii)
The minimum distance between any two driveways on one lot or
between a driveway and an intersection of street lines measured along
the street line intersected by such driveway shall be 7.5 metres.
iv)
The minimum angle of intersection between a driveway and a street
line shall be 60 degrees.
v)
Every lot shall be limited to the following number of driveways, namely:
a)
up to the first 15 metres of lot frontage, not more than one
driveway;
b)
greater than 15 metres of lot frontage but not more than 30
metres of frontage, not more than two driveways with a
combined width not exceeding 30 percent of the lot frontage;
and,
c) for each additional 100 metres of lot frontage, not more than one
additional driveway.
vi)
Parking spaces shall have a minimum width of 3.0 metres and have a
minimum area of 18.5 square metres.
3.15.5
More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate
types of use.
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3.15.6
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary,
parking areas shall be permitted in the required yards or in the area between
the street line and the required setback.
3.15.7
Additions To, or Changes In, the Use of Existing Buildings and Structures
The parking space requirements referred to herein shall not apply to any
building or structure lawfully in existence on the date of passage of this By-law,
so long as the gross floor area is not increased and the use or number of
dwelling units does not change. If any addition is made to a building or
structure which increases its gross floor area, then parking spaces for the
addition shall be provided as required by the Parking Space Requirement
Table. Where a change in use occurs, parking spaces shall be provided for
such new use in accordance with the requirements of Section 3.16.9, the
Parking Space Requirement Table.
3.15.8
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be
used for the parking of operative, currently licensed vehicles only and for
vehicles used in an operation incidental to the permitted uses in respect of
which such parking spaces and areas are required or permitted.
Notwithstanding the foregoing, the owner or occupant of any lot, building or
structure in an Estate Residential or Hamlet Residential Zone may use the lot
for the housing of one commercial motor vehicle.
Commercial vehicles that do not exceed a 3500 kg load capacity or a 5.0 metre
wheelbase may be parked outdoors on the lot in any zone.
Commercial motor vehicles used in conjunction with a farm and one
commercial truck and school bus are permitted in an Agricultural, Rural
Residential and Rural Zone provided that in the Rural Residential Zone such
vehicle must be parked in the side or rear yard unless it is parked indoors.
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3.15.9
PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Assembly
Hall,
Auditorium,
Arena,
Community Centre, Place of Worship,
Private Club, Theater, Farmers Market,
Eating
Establishment
or
Tavern
or
establishment licensed under the Liquor
License Act or other similar places of
assembly not otherwise specified herein.
1 parking space for each four persons
that may be legally accommodated at
any one time, or each 9.0 square
metres, whichever is greater.
Eating Establishment, Drive-Through
1 parking space for each 2 square
metres or fraction thereof of gross floor
area.
Home for the Aged, Nursing Home,
Seniors Apartments
1 parking space for each four beds or
fraction thereof plus one space per two
staff persons
Hotel, Motel, Resort, Cottage or Cabin
Establishment, Tourist Establishment or
Camping Establishment
1 parking space for each guest room,
cottage, cabin or camp site plus one
space for each 9.0 sq. m. devoted to a
public use.
Residential
1.5 parking spaces per dwelling unit.
Bed and Breakfast
1 parking space per rental room
Uses Permitted by this By-law other than
those listed in this Table
1 parking space per 28 square metres
of gross floor area.
3.16
PEAT EXTRACTION, PITS AND QUARRIES
The excavation of peat, establishment or operation of pits or quarries is
prohibited within the area covered by this By-law, except in the locations
permitted by this By-law, and in accordance with the provisions of this By-law.
No person shall use land or erect any building or structure for the purpose of
processing, washing, screening, sorting or crushing rock, sand gravel and/or
peat except as expressly provided for in this By-law.
3.17
PLANTING STRIPS
3.17.1
Location
Where a lot in an Institutional, Commercial, Industrial or Recreational Zone
abuts an interior side or rear lot line of a lot in any Residential Zone, a 3.0
metre wide planting strip adjoining such abutting lot line, or portion thereof,
shall be required.
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3.17.2
Contents
Such required planting strip shall be used for no other purposes than planting a
continuous, unpierced hedgerow of trees, evergreens or shrubs or other
natural vegetation, or solid fencing not less than 1.5 metres high, immediately
adjacent to the lot line, or portion thereof, where such planting strip is required.
The remainder of the planting strip shall be used for no other purpose than the
planting of shrubs, flowering shrubs, flower beds, grass or a combination
thereof.
3.17.3
Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or
walkways extend through a required planting strip, it shall be permissible to
interrupt the planting strip within 3 metres of the edge of such driveway or
within 1.5 metres of the edge of such walkway.
3.17.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a part of
any landscaped open space required by this By-law but shall form part of a
required yard.
3.18
PUBLIC USES
3.18.1
Public Services
Except as provided in Section 3.18.2 hereof, the provisions of this By-law shall
not apply to prohibit the use of any lot or the erection or use of any building or
structure for the purposes of public uses provided by the Township, County, or
any Public Authority including any Department or Ministry of the Government of
Canada or Ontario or any Conservation Authority established by the
Government of Ontario and, for the purposes of this section, shall include any
utility provider, telephone, or cable company and any natural gas distribution
system operated by a Company distributing gas to the residents of the
Township, which company possesses all the necessary powers, rights,
licenses and franchises. For the purposes of this By-law, public uses shall not
include any facility used for residential purposes.
3.18.2
Location Restrictions
Notwithstanding any other provision contained in this By-law to the contrary,
where a public use is specifically mentioned as a permitted use within a
specific zone classification, then such public use shall only be permitted within
that zone or zones and shall comply with the zone provisions of the zone or
zones in which the public use is permitted, save and except that there shall be
no minimum lot area or lot frontage requirement.
3.18.3
Provisions
i)
No goods, materials or equipment shall be stored outside a building or
structure located on the lot, except as may otherwise be permitted
under this By-law and shall not be stored closer than 60 metres from a
Residential Zone.
ii)
The zone provisions of the zone in which the use is located shall be
complied with except as otherwise provided in this By-law;
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iii)
The building or structure shall be designed and maintained in general
harmony with the uses permitted within the respective zone.
3.18.4
Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or
highway, or prevent the installation of a watermain, sanitary sewer, storm
sewer, gas main, pipeline, overhead or underground hydro, communication line
or high voltage electrical facilities owned, operated and maintained by Hydro
One or a Public Utilities Commission or their successors, subject to location
approval by Township.
3.19
PORTABLE ASPHALT PLANTS
Portable Asphalt Plants shall be permitted accessory to a specific public roads
project as a temporary use in an Agricultural and Rural Zone.
3.20
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or structure is
used or erect any building, structure, or addition to any existing building or
structure, or reduce the area of any lot, if the effect of such action is to cause
the original, adjoining, remaining or new building, structure or lot to be in
contravention with this By-law.
3.21
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL
BUILDINGS
Notwithstanding any other provision of this By-law, to the contrary, no dwelling
unit shall be located within a portion of a non-residential building which is used
to house livestock or has flammable fluids or hazardous materials stored in
bulk for commercial purposes or in conjunction therewith, and without limiting
the generality of the foregoing, a dwelling unit shall not be permitted within a
building used for a motor vehicle service station, a motor vehicle repair garage,
a motor vehicle body shop or a marine or small engines service shop.
3.22
SERVICES REQUIRED
No person shall erect or use a building or structure for a residential use on any
lands unless approved sewage disposal and water supply services are
available to the lot.
3.23
SIGHT TRIANGLES
On a corner lot fronting on two public roads, within the triangular space formed
by the street lines and a line drawn from a point on one street line to a point in
the other street line, each such point being 10.0 metres for Township Roads,
15.0 metres for the intersection of a Township and County Road and 30.0
metres for the intersections of two County Roads. Measured along the street
line from the point of intersection of the street lines, no motor vehicle, as
defined in The Highway Traffic Act, shall be parked, no building or structure
which would obstruct the vision of drivers of motor vehicles shall be erected,
and no land shall be used for the purposes of growing shrubs or trees in
excess of 1.0 metres in height. Such triangular space may hereinafter be
referred to as
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a "sight triangle". Where the two street lines do not intersect at a point, the
point of intersection of the street lines shall be deemed to be the intersection of
the projection of the street lines or the intersection of the tangents to the street
lines.
3.24
SIGNS
Unless otherwise specified, the provisions of this By-law shall not apply to
prevent the erection, alteration or use of any sign having a face area of 10
square metres or less provided such sign complies with the By-laws of the
Township and is accessory to the use of the land on which it is located.
Where a sign has a face area of greater than 10 square metres it shall be
deemed an accessory structure for the purposes of this By-law. Commercial
signs that are not accessory to a use on the lot and shall only be permitted
where such structures are specifically permitted by this By-law.
3.25
SPECIAL SETBACKS
3.25.1
Livestock Facilities
Notwithstanding any other yard or setback provisions in this By-law to the
contrary, no residential, institutional, commercial, industrial or recreational use,
located on a separate lot and otherwise permitted by this By-law shall be
erected or altered unless it complies with the Minimum Distance Separation
(MDS I) calculated using Schedule "B" to this By-law.
Notwithstanding any other yard or setback provision in this By-law to the
contrary, no livestock facility shall be erected or expanded unless it complies
with the Minimum Separation Distance (MDS II) calculated using Schedule C to
this By-law. In addition to the MDS requirements above, no specialized
agriculture, as defined in this By-law shall be permitted within 500 metres of
any lands zoned Hamlet Residential (HR) or Estate Residential (ER).
3.25.2
Street Centre Lines
Where a lot abuts a road allowance less than 20 metres in width, the minimum
setback from the street line shall be 10 metres from the centre line of the street
plus the required front yard or exterior side yard within the zone.
Where a lot abuts a County Road, the minimum setback shall be 15 metres
from the centre line of the street plus the required front yard or exterior side
yard within the zone.
3.25.3
Waste Disposal Areas
No habitable building or structure shall be located closer than 250 metres to
any land used or formerly used as a waste disposal site.
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3.25.4
Watercourses
All buildings or structures shall be located a minimum of 15 metres from the
high water mark of any river, stream, creek or municipal drain.
3.25.5
Steep Slopes or Ravines
All buildings or structures shall be located a minimum of 15 metres from the top
of bank of a slope in excess of 25 percent.
3.25.6
Wetlands
All buildings and structures shall be located a minimum of 30 metres from the
edge of a wetland.
3.26
TEMPORARY CONSTRUCTION USES
A tool shed, construction trailer, scaffold or other building or structure incidental
to construction is permitted in all Zones within the Township on the lot so long
as it is necessary for the work in progress and until the work is completed or
abandoned. For the purpose of this Section, abandoned shall mean the
discontinuation of work for more than 30 consecutive days and/or the failure to
maintain a current building permit.
3.27
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street,
the setback and front yard requirements contained herein shall apply on each
street in accordance with the provisions of the zone or zones in which such lot
is located.
3.28
TRAVEL TRAILERS AND CAMPERS
3.28.1
Parking and Storage
The parking and storing of travel trailers, motor homes, truck campers and
camper trailers shall be prohibited in all Residential Zones except that one
trailer, camper or motor home may be stored on the occupant's lot, where a
dwelling is in existence on the same lot, but only in the rear or interior side
yard, provided that it meets the setbacks for an accessory building.
3.28.2
Use
The use of trailers, travel trailers, recreational vehicles, truck campers, and
camper trailers for commercial purposes or habitation shall be prohibited in all
Zones except in areas where such use is expressly permitted by this By-law.
No other form of trailer or vehicle shall be used for human habitation unless
expressly permitted by this By-law.
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SECTION 4
ZONE PROVISIONS
4.1
AGRICULTURAL (A) ZONE
No person shall within a Agricultural (A) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following:
4.1.1
Permitted Uses
i)
agricultural use
ii)
bed and breakfast establishment
iii)
farm produce sales outlet accessory to a farm
iv)
farm produce storage facility
v)
greenhouse operation
vi)
home occupation
vii)
home industry
viii)
kennel
ix)
resource management activities
x)
riding school or boarding stables
xi)
single detached dwelling
xii)
specialized agriculture not exceeding 450 animal units
xiii)
a second single detached dwelling accessory to a farm on a lot of at
least 38 hectares (94 acres) located within 50 m of the existing
dwelling.
xiv)
wayside pit or wayside quarry including a portable asphalt plant
4.1.2
Regulations for Permitted Uses
i)
Minimum Lot Area
19 hectares
ii)
Minimum Lot Frontage
150 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
15 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
30 m
iv)
Maximum Lot Coverage
5%
v)
Maximum Height
12 m
vi)
Minimum dwelling unit size
140 sq m
4.1.3
Special Provisions for Livestock Buildings
i)
Minimum interior side yard
30 m
4.1.4
Exceptions
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4.1.4.1
Agricultural Exception One (A-1) Zone
(Part of the West Half of Lot 2, Concession 15)
Notwithstanding the provisions of this By-law, to the contrary on lands zoned
Agricultural Exception One (A-1), a tea room is a permitted use, in accordance
with the following:
i)
For the purposes of this Section a tea room shall mean that part of an
existing building where food is prepared and offered for sale to the
public for immediate consumption on the premises with a maximum
seating capacity of 24 persons.
ii)
No parking space required under Section 3.15.9 shall be located closer
than 80 metres from the centre line of County Road 24.
In all other respects, the provisions of this By-law shall apply.
4.1.4.2
Agricultural Exception Two (A-2) Zone
(Part of the South West Half of Lot 5, Concessions XIII, fronting of County
Road No. 3)
Notwithstanding the provisions of the Agricultural Zone, to the contrary, on
lands zoned Agricultural Exception Two (A-2), a golf driving range not
exceeding 4 hectares is a permitted use.
In all other respects, the provisions of this By-law shall apply.
4.1.4.3
Agricultural Exception Three (A-3) Zone
(Part of the West Part of Lot 13, Concession 13)
Notwithstanding the provisions of the Agricultural (A) Zone, to the contrary,
lands zoned Agricultural Exception Three (A-3), none of the provisions of the
Agricultural (A) Zone shall apply to prevent the use of lands so zoned for an
addition onto the rear of the existing dwelling.
In all other respects, the provisions of this By-law shall apply.
4.1.4.4
Agricultural Exception Four (A-4) Zone
(East Part of Lot 12, Concession 16)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Agricultural Exception Four (A-4), in addition to the uses permitted in the
Agricultural (A) Zone, open storage of farm equipment, snowmobiles, boats or
other similar uses shall be permitted.
In all other respects, the provisions of this By-law shall apply.
4.1.4.5
Agricultural Exception Five (A-5) Zone
(West Part of Lot 4, Concession 16)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Agricultural Exception Five (A-5), the following provisions shall apply:
a)
a kennel is strictly prohibited
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b)
Maximum number of animal units shall be 50 units;
c)
Minimum interior side yard to an existing accessory building or
structure shall be 3.0 m.
In all other respects, the provisions of this By-law shall apply.
4.1.4.6
Agricultural Exception Six (A-6) Zone
(West Part of Lot 1, Concession 13)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Agricultural Exception Six (A-6), an existing barn is permitted, and no
provision shall apply that prevents the addition to the existing barn, extending
19.0 metres closer to the front lot line.
4.1.4.7
Agricultural Exception Seven (A-7) Zone
(East Part of Lot 14 and 15, Concession 9)
Notwithstanding the Minimum Distance Separation requirements for a new
expanded livestock facility to a residential dwelling on an adjacent parcel, on
lands zoned Agricultural Exception Seven (A-7), the minimum distance
separation distance shall be 76.8 metres. In all other respects, the provisions
of By-Law 60-2004 shall apply.
Site Plan Control for agricultural livestock operations exceeding 150 nutrient
units shall apply, pursuant to Section 9.3.2 of Township Official Plan.
By-Law 32-2009
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4.2
RURAL (RU) ZONE
No person shall within any Rural (RU) Zone use any land, erect, alter or use
any building or structure except in accordance with the following provisions..
4.2.1
Permitted Uses
i)
agricultural use
ii)
bed and breakfast establishment
iii)
farm produce sales outlet accessory to an agricultural use
iv)
greenhouse
v)
home industry
vi)
home occupation
vii)
public open space
viii)
resource management activities
ix)
single detached dwelling
x)
veterinary hospital,
xi)
wayside pit or a wayside quarry including a portable asphalt plant
xii)
riding school or boarding stables
xiii)
a kennel on a lot of at least 19 hectares
4.2.2
Regulations for Permitted Uses
i)
Minimum Lot Area
10.0 hectares
ii)
Minimum Lot Frontage
100 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
6 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
30 m
iv)
Maximum Lot Coverage
5 %
v)
Maximum Height
10.5 m
vi)
Minimum Dwelling Floor Area
140 sq m
Special Provisions for Livestock Buildings
vii)
Minimum interior side yard
30 m
4.2.3
Exceptions
4.2.3.1
Rural Exception One (RU-1) Zone
(Concession 14, Part East Part Lot 16)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned Rural Exception (RU-1) the existing house, barn and machinery shed
are permitted, notwithstanding Section 4.4.2 Regulations for Permitted Uses
and Section 3.25 setbacks.
In all other respects, the provisions of this By-Law shall apply.
By-Law 6-2006
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4.2.3.2
Rural Exception One (RU-2) Zone
(Concession 12, Part West Part Lot 4)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned Rural Exception (RU-2) no buildings or structures are permitted
notwithstanding Section 4.2.2 Regulations for Permitted Uses.
In all other respects, the provisions of this By-Law shall apply.
By-Law 36-2007
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4.3
RURAL RESIDENTIAL (RR) ZONE
No person shall within any Rural Residential (RR) Zone use any lot, or erect,
alter or use any building or structure except in accordance with the following:
4.3.1
Permitted Uses
i)
single detached dwelling
ii)
bed and breakfast
iii)
home industry
iv)
home occupation
v)
an agricultural use not exceeding 1 animal unit per hectares
4.3.2
Regulations for Permitted Rural Residential Uses
i)
Minimum Lot Area
1.0 hectares
ii)
Minimum Lot Frontage
60 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
6 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
20 m
iv)
Maximum Lot Coverage
5 %
Minimum dwelling floor area
160 sq m
v)
Maximum Height
10.5 m
Special Provisions for Livestock Buildings
vi)
Minimum interior side yard
15 m
vii)
Minimum distance from a dwelling
on another lot
60 m
viii)
Livestock buildings shall not be permitted in the Front Yard
ix)
Minimum lot size for livestock buildings 2 ha
x)
Maximum size for livestock building
37 sq m.
4.3.3
Exceptions
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4.3.4.1
Rural Residential Exception One (RR-1) Zone
(Part of West Half Lot 9, Concession 15)
Notwithstanding the provisions of the Rural Residential (RR) Zone to the
contrary, on lands zoned Rural Residential Exception One (RR-1) a Home
Occupation may include the use of a maximum of 47 square metres of the
existing accessory building to produce artistic ornamental ironcraft.
In all other respects, the provisions of this By-law shall apply.
4.3.4.2
Rural Residential Exception Two (RR-2) Zone
(Part of the West Half of Lot 5, Concession 9)
Notwithstanding the provisions of the Rural Residential (RR) Zone, to the
contrary, on lands zoned Rural Residential Exception Two (RR-2) the following
shall apply:
i)
Addition of Permitted Uses:
a)
A nature shop retail outlet, in an accessory building, selling
and displaying bird seed, bird feeders and houses and related
accessories, hand crafted gifts and gift baskets containing
items such as spices, flavoured oils and vinegars;
b)
A private picnic area; and
c)
A nature trail including the display of permitted retail items.
ii)
Notwithstanding the subsection, the existing barn having maximum
dimensions of 16 metres by 17 metres may be used to house livestock
or fowl.
iii)
A minimum of 6 parking spaces shall be provided.
iii)
Signs, identifying or advertising the Use shall be restricted to a
maximum of 2 surface areas, no larger than 3 square metres each, and
shall be located a minimum of 5 metres from the front property line.
In all other respects, the provisions of this By-law shall apply.
4.3.4.3
Rural Residential Exception Three (RR-3) Zone
(East Part of Lot 10, Concession 19
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Rural Residential Exception Three (RR-3), the minimum required front
yard shall be 25.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.3.4.4
Rural Residential Exception Four (RR-4) Zone
(East Part of Lot 9, Concession 9
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Rural Residential Exception Four (RR-4) the minimum required front
yard shall be 22.0 metres.
In all other respects, the provisions of this By-law shall apply.
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4.3.4.5
Rural Residential Exception Five (RR-5)
(Part of East Part 4, Concession 15)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Rural Residential Exception Five (RR-5) the minimum required front
yard shall be 28.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.3.4.6
Rural Residential Exception Six (RR-6)
(Part of Lot 15, Concession 15)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Rural Residential Exception Six (RR-6) the minimum required front yard
shall be 15.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.3.4.7
Rural Residential Exception Seven (RR-7) Zone
(Part of the East Part of Lot 6, Concession 19)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Rural Residential Exception Seven (RR-7), the exterior side yard shall
be 15.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.3.4.8
Rural Residential Exception Eight (RR-8) Zone
(Part of the West Part of Lot 1, Concession 17)
Notwithstanding General Provisions 3.2.3 Height, the maximum height for a
12.2 metre by 21.95 metre accessory building is 6.0 metres.
4.3.4.9
Rural Residential Exception Nine (RR-9) Zone
(Part of the East Part of Lot 1, Concession 17)
Notwithstanding the provisions of Section 4.3.2 (iv), the maximum lot coverage
shall be 10%; and notwithstanding the General Provisions 3.6 Home Industry
and Definitions 5.65, total gross floor area for a workshop shall not exceed a
maximum of 375 square metres and subject to Site Plan Control.
4.3.4.10
Rural Residential Exception Ten (RR-10) Zone
(Part of the West Part of Lot 16, Concession 12)
Notwithstanding the provisions of Section 4.3.2 (iv), Minimum dwelling floor
area, the permitted minimum dwelling floor area in the RR-10 Zone is 130
sq.m.
4.3.4.11
Rural Residential Exception Eleven (RR-11) Zone
(Part of the West Part of Lot 5, Concession 13)
By-Law 14-2005
By-Law 25-2005
By-Law 23-2005
By-Law 33-2005
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-11, the maximum lot coverage shall be 25%;
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.3.4.12
Rural Residential Exception Twelve (RR-12) Zone
(Part East Part of Lot 22, Concession 9)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-12, the minimum front yard shall be 25 metres.
4.3.4.13
Rural Residential Exception Thirteen (RR-13) Zone
(Part East Part of Lot 5, Concession 19)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-13:
Section 4.3.2. iii) Minimum Yard Requirements shall be:
a) Front Yard 18 metres
b) Rear Yard 8 metres
4.3.4.14
Rural Residential Exception Fourteen (RR-14) Zone
(Part East Part of Lot 21, Concession 11)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-14, all buildings and structures shall be located a minimum of 15
metres from the edge of a wetland.
4.3.4.15
Rural Residential Exception Thirteen (RR-15) Zone
(Part West Part of Lot 9, Concession 13)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-15 nothing shall prevent the erection of a three car garage and
removable Garden Suite.
4.3.4.16
Rural Residential Exception Thirteen (RR-16) Zone
(Part West Part of Lot 7, Concession 19)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned RR-15 nothing shall prevent the erection of an addition to the existing
dwelling.
Section 4.3.2 iii) Minimum Yard requirement shall be:
a) Front Yard 17 metres
4.3.4.17
Rural Residential Exception Thirteen (RR-17) Zone
(Part West Part of Lot 2, Concession 12)
Notwithstanding General Provisions 3.2.3 Height, the Maximum height for a
7.4 metre by 9.2 metre accessory building is 8.0 metres to the peak and shall
be permitted within 120 metres setback to a Provincially Significant Wetland.
By-Law 23-2006
By-Law 40-2006
By-Law 43-2006
By-Law 48-2006
By-Law 56-2006
By-Law 24-2008
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.4
ESTATE RESIDENTIAL (ER) ZONE
No person shall within any Estate Residential (ER) Zone, use any land or erect,
alter or use any building or structure in accordance with the following:
4.4.1
Permitted Uses
i)
home occupation
ii)
single detached dwelling
4.4.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1.0 hectares
ii)
Minimum Lot Frontage
60 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
6 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
15 m
iv)
Maximum Lot Coverage
10%
v)
Maximum Height
10.5 m
vi)
Minimum dwelling floor area
180 sq m
4.4.3
Exceptions
4.4.3.1
Estate Residential Exception One (ER-1) Zone
(Part of Lots 1 and 2, Concession B
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception One (ER-1) the minimum lot frontage shall
be 40 metres.
In all other respects, the provisions of this By-law shall apply.
4.4.3.2
Estate Residential Exception Two (ER-2)
(Part of Lots 1 and 2, Concession B
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception Two (ER-2), the minimum required front
yard shall be 20 metres.
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.4.3.3
Estate Residential Exception Three (ER-3) Zone
(Lot 20, Plan 111, 16 Hilltop Crescent)
By-Law 47-2005 (Lot 74, Plan 7M15, 2 Brookhaven Crescent)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception Three (ER-3), the minimum required front
yard shall be 27.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.4.3.4
Estate Residential Exception Four (ER-4) Zone
(Lots 18, 19 and 20, Plan 7M-5)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception Four, (ER-4) the minimum required rear
yard shall be 6.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.4.3.5
Estate Residential Exception Five (ER-5)
(Lot 4, Plan 7M-5)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception Five (ER-5), the minimum exterior side
yard shall be 16.0 metres.
In all other respects, the provisions of this By-law shall apply.
4.4.3.6
Estate Residential Exception Six (ER-6) Zone
(Lot 1, Plan 7M-5)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Estate Residential Exception Six (ER-6), the minimum required front
yard shall be 29.5 metres.
In all other respects, the provisions of this By-law shall apply.
4.4.3.7
Estate Residential Exception Seven (ER-7) Zone
(Lots 10, 11, 12, Plan 7M-5)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Seven (ER-7) the minimum lot frontage
shall be 39.0 metres.
4.4.3.8
Estate Residential Exception Eight (ER-8) Zone
(Lots 1, 13, 30, 31, 64, 75, 83, Plan 7M-15)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Eight (ER-8) the minimum exterior side
yard shall be 20.0 metres.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.4.3.9
Estate Residential Exception Nine (ER-9) Zone
(Lots 23, 35,36,37, and 38, Plan 7M-15)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Nine (ER-9) the minimum lot frontage shall
be 37.0 metres.
4.4.3.10
Estate Residential Exception Ten (ER-10) Zone
(Lots 85, Plan 7M-15, 48 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Ten (ER-10) the minimum front yard shall
be 29 metres and rear yard shall be 12.47 metres, notwithstanding the
provisions of Section 3.25.6, minimum 30 metres from the edge of a wetland.
In all other respects, the provisions of this by-law shall apply.
4.4.3.11
Estate Residential Exception Eleven (ER-11) Zone
(Lots 91, Plan 7M-15, 53 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Eleven (ER-11) the minimum interior yard
requirement shall be 5.9 metres.
In all other respects, the provisions of this by-law shall apply.
4.4.3.12
Estate Residential Exception Twelve (ER-12) Zone
(Lots 77, Plan 7M-15, 64 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Twelve (ER-12), a building envelope less
than 30 metres from a wetland is permitted.
In all other respects, the provisions of this by-law shall apply.
4.4.3.13
Estate Residential Exception Thirteen (ER-13) Zone
(Lots 78, Plan 7M-15, 62 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Thirteen (ER-13), a building envelope less
than 30 metres from a wetland is permitted.
In all other respects, the provisions of this by-law shall apply.
4.4.3.14
Estate Residential Exception Fourteen (ER-14) Zone
(Lots 95, Plan 7M-15, 61 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Fourteen (ER-14), a building envelope less
than 30 metres from a wetland is permitted.
In all other respects, the provisions of this by-law shall apply.
By-Law 17-2006
By-Law 39-2006
By-Law 44-2006
By-Law 45-2006
By-Law 46-2006
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.4.3.15
Estate Residential Exception Fifteen (ER-15) Zone
(Lots 53, Plan 7M-15, 44 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Fifteen (ER-15), a building envelope less
than 30 metres from a wetland is permitted.
In all other respects, the provisions of this by-law shall apply.
4.4.3.16
Estate Residential Exception Sixteen (ER-16) Zone
(Lots 99, Plan 7M-15, 69 Brookhaven Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Sixteen (ER-16), the minimum setback to a
wetland for all buildings and structures shall be 17 metres.
In all other respects, the provisions of this by-law shall apply.
4.4.3.17
Estate Residential Exception Seventeen (ER-17) Zone
(Lots 25, Plan 111, 19 Hilltop Crescent)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Estate Residential Exception Seventeen (ER-17) an accessory building
may be located closer to the front lot line than the principal building with a front
yard setback of 28 metres.
In all other respects, the provisions of this by-law shall apply.
By-Law 57-2006
By-Law 13-2007
By-Law 40-2008
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Township Consolidation January 2011
4.5
HAMLET RESIDENTIAL (HR) ZONE
No person shall within a Hamlet Residential (HR) Zone, use any land or erect,
alter or use any building or structure in accordance with the following:
4.5.1
Permitted Uses
i)
single detached dwelling
ii)
home occupation
4.5.2
Regulations for Permitted Uses
private
municipal
services
services
i)
Minimum Lot Area
1.0 hectares
0.6 hectares
ii)
Minimum Lot Frontage
60.0 m
30 m
iii)
Minimum Yard Requirements
a)
Front Yard
7.5 m
7.5 m
b)
Interior Side Yard
3.0 m
3 m
c)
Exterior Side Yard
7.5 m
6 m
d)
Rear Yard
7.5 m
6 m
iv)
Maximum Lot Coverage
20%
20%
v)
Maximum Height
10.5 m
10.5 m
vi)
Minimum dwelling unit floor area
140 sq. m.
4.5.3
Exceptions
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.6
GENERAL COMMERCIAL (CG) ZONE
No person shall within any General Commercial (CG) Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following:
4.6.1
Permitted Uses
i)
accessory dwelling unit attached to and above or behind the principle
use
ii)
assembly hall
iii)
banks or financial institutions
iv)
business, professional and administrative offices
v)
clinic
vi)
convenience store
vii)
day nursery
viii)
gas bar
ix)
hotels and motels
x)
parking lot
xi)
personal services shop
xii)
place of amusement
xiii)
place of worship
xiv)
post office
xv)
private club
xvi)
public storage buildings
xvii)
restaurant or tavern
xviii)
retail store
xix)
service shop
4.6.2
Regulations for Permitted Uses
private
municipal
services
services
i)
Minimum Lot Area
0.5 hectares
0.2 hectares
-
Minimum Lot Area for accessory
dwelling
1.5 hectares
0.5 hectares
ii)
Minimum Lot Frontage
30 m
15 m
iii)
Minimum Yard Requirements
a)
Front Yard
6 m
6 m
b)
Interior Side Yard
2 m
2 m
-
Interior Side Yard abutting
Residential zone or use
6 m
6 m
c)
Exterior Side Yard
6 m
6 m
d)
Rear Yard
7.5 m
6 m
iv)
Maximum Lot Coverage
50%
50%
v)
Minimum Landscaped Open Space
15%
15%
vi)
Maximum Height
10.5 m
10.5 m
vii)
In any yard abutting a Residential Zone a planting
strip of at least 3.0 metres shall be required
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
viii)
Minimum dwelling unit size
55 sq m
4.6.3
Exceptions
4.6.3.1
General Commercial Exception One (CG-1) Zone
(Plan 45, East Half of Lot 5, Concession 13)
Notwithstanding the provisions of the General Commercial Zone to the
contrary, on lands zoned General Commercial Exception One (CG-1) the
following shall apply:
i)
Minimum setback from the line between Lots 5 and 18 in Plan 45 shall
be 4 metres,
ii)
Maximum lot coverage 50%, provided that any lot coverage in excess
of 40% consists of greenhouse structures only
iii)
A landscaped open space strip is required along that part of the side
lot line between Lots 5 and 18, Plan 45, which abuts a Residential
Zone.
iv)
A landscaped open space strip or a solid fence at least 2 metres high
is required along the rear lot line between Lots 4, 5 and 10, Plan 45.
v)
A minimum of 7 parking spaces shall be required for Lots 4 and 5, Plan
45.
In all other respects, the provisions of this By-law shall apply.
4.6.3.2
General Commercial Exception Two (CG-2) Zone
(Part Lot 5, Plan 45)
Notwithstanding the provision of the General Commercial Zone to the contrary,
on lands zoned General Commercial Exception Two (CG-2) the following uses
shall apply:
i)
Only permitted uses:
a)
a single detached dwelling, or a dwelling unit accessory to a
permitted non-residential use;
b)
a public use;
c)
a retail store;
d)
a service shop;
e)
a business or professional office;
f)
a medical clinic;
g)
an eating establishment; and
h)
a general store.
ii)
Minimum lot area
iii)
Minimum lot frontage
iv)
Minimum front yard
7.5 metres
v)
Minimum interior side yard
a)
abutting a residential zone or use
3 metres
b)
not abutting a residential zone or use
2 metres
vi)
Minimum rear yard
a)
abutting a residential zone or use
7.5 metres
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
b)
not abutting a residential zone or use
4.5 metres
vii)
Maximum lot coverage 40 percent
viii)
Maximum dwellings or dwelling units per lot
1
ix)
Minimum gross floor dwelling or dwelling unit area: 103 square metres
x)
Landscaped open space: a landscaped open space strips shall be
required along any section of a rear or side lot line that abuts a
residential zone or lot used for residential purposes.
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.7
HIGHWAY COMMERCIAL (CH) ZONE
No person shall within any Highway Commercial (CH) Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following:
4.7.1
Permitted Uses
i)
accessory detached dwelling or accessory unit(one only)
ii)
building supply and lumber outlet
iii)
commercial greenhouse/nursery sales
iv)
convenience store
v)
equipment sales/rental establishment
vi)
farm implement sales outlet
vii)
farm produce sales outlet
viii)
hotel and motel
ix)
marine or small engine sales and service establishment
x)
motor vehicle body shop
xi)
motor vehicle dealership
xii)
motor vehicle fuel bar or service station
xiii)
public storage facilities
xiv)
recreational establishment
xv)
recreational vehicle sales and service operation
xvi)
restaurant or tavern
xvii)
transportation depot
xviii)
veterinary clinic
4.7.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1.0 hectares
ii)
Minimum Lot Frontage
60 m
iii)
Minimum Yard Requirements
a) Front Yard
15 m
b) Interior Side Yard
6 m
c) Exterior Side Yard
15 m
d) Rear Yard
7.5 m
iv)
Maximum Lot Coverage
25%
v)
Minimum Landscaped Open Space
15%
vi)
Maximum Height
10.5 m
vii)
In any yard abutting a Residential Zone a planting
strip of at least 3.0 metres shall be required.
viii)
Minimum dwelling unit size
55 sq m
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.7.3
Exceptions
4.7.3.1
Highway Commercial Exception One (CH-1) Zone
(Lot 17, Concession 15)
Notwithstanding the requirements of the Highway Commercial Zone, to the
contrary on lands designated Highway Commercial Exception One (CH-1) only
the following uses shall be permitted:
i)
one single family dwelling or dwelling unit accessory to a permitted
use;
ii)
a nursery;
iii)
a garden center;
iv)
a landscaping business;
v)
a greenhouse;
vi)
a retail outlet accessory to a permitted CH-1 use; and
vii)
an open or enclosed storage area for goods or materials.
In all other respects, the provisions of this By-law shall apply.
4.7.3.2
Highway Commercial Exception Two (CH-2) Zone
(Part Lots 19 and 20, Concession 13)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Highway Commercial Exception Two (CH-2) the following additional
uses are permitted:
i)
bulk fertilizer storage and blending;
ii)
crop testing plots;
iii)
feed and feed manufacturing, storage and bagging;
iv)
grain handling, storage and drying; and,
v)
weigh scale.
In all other respects, the provisions of this By-law shall apply.
4.7.3.3
Highway Commercial Exception Three (CH-3)
(Part Lot 14, Concession 16)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Highway Commercial Exception Three (CH-3) the following provisions
shall apply:
a)
All residential uses are prohibited.
b)
The minimum required front yard shall not apply to prevent a display
area for the sale of agriculturally-related equipment.
In all other respects, the provisions of this By-law shall apply.
4.7.3.4
Highway Commercial Exception Four (CH-4)
(Part of Lot 10, Concession 19)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Highway Commercial Exception Four (CH-4) in addition to the permitted
uses in the Highway Commercial Zone, a body shop shall be permitted.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.7.3.5
Highway Commercial Exception Five (CH-5) Repealed By-Law 61-2006
4.7.3.6
Highway Commercial Exception Six (CH-6)
(Part East Part Lot 6, Concession B)
Notwithstanding any other provision of By-Law 60-2004 to the contrary, on
lands zoned Highway Commercial Exception Six (CH-6) the following uses
shall apply.
i)
Business, professional and administrative offices
ii)
Manufacturing, processing, laboratory or assembly within an enclosed
building
In all other respects, the provisions of this By-law shall apply.
By-Law 61-2006
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.8
BUSINESS PARK (BP) ZONE
No person shall within any Business Park (BP) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.8.1
Permitted Uses
i)
assembly hall
ii)
building supply and lumber outlet
iii)
bulk fuel depot
iv)
business, professional and administrative office
v)
clinic
vi)
convenience store
vii)
day nursery
viii)
equipment sales/rental establishment
ix)
farm implement sales outlet
x)
farm produce sales outlet
xi)
feed mill
xii)
gas bar
xiii)
hotel and motel
xiv)
manufacturing, processing, laboratory or assembly within an enclosed
building
xv)
marine or small engine sales and service establishment
xvi)
motor vehicle dealership
xvii)
motor vehicle fuel bar or service station
xviii)
motor vehicle repair garage
xix)
place of worship
xx)
post office
xxi)
private club
xxii)
public storage facilities
xxiii)
recreational establishment
xxiv)
recreational vehicle sales and service operation
xxv)
restaurant or tavern
xxvi)
retail sales accessory to a permitted use not exceeding 35 per cent
xxvii)
service shop
xxviii)
veterinary clinic
xxix)
warehouse including self storage
4.8.2
Regulations for Permitted Uses
i)
Minimum Lot Area
0.8 hectares
ii)
Minimum Lot Frontage
60 m
iii)
Minimum Yard Requirements
a)
Front Yard
15 m
b)
Interior Side Yard
6 m
c)
Exterior Side Yard
15 m
d)
Rear Yard
7.5 m
iv)
Maximum Lot Coverage
25%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height
10.5 m
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
vii)
In any yard abutting a Residential Zone a planting strip of at least 3.0
metres shall be required.
4.8.3
Exceptions
4.8.3.1
Business Park Exception One (BP-1)
(Part Lots 7 and 8. Concession A)
Notwithstanding the provisions of the Business Park (BP) Zone, to the contrary,
on lands zoned Business Park Exception One (BP-1) the following shall apply:
a)
The following additional uses shall be permitted:
i)
banquet hall;
ii)
dry cleaning or laundry outlet;
iii)
egg grading establishment;
iv)
parking garage, structure or lot;
v)
assembly plant;
vi)
truck or bus storage terminal;
vii)
nursery greenhouse or garden center;
viii)
open or enclosed storage of goods and materials accessory to
a permitted use;
ix)
boarding house;
x)
publishing establishment;
xi)
public garage;
xii)
funeral home;
xiii)
general store;
xiv)
wholesale use accessory to a permitted use;
xv)
commercial club;
xvi)
fabricating establishment;
xvii)
wholesaling;
xviii)
sale, repair and servicing of agricultural equipment; and
xvix)
public use.
b)
The following regulations shall apply:
i)
Minimum Lot Area
nil
ii)
Minimum lot frontage
nil
iii)
Minimum front yard
15 metres
iv)
Minimum Exterior Side Yard
15 metres
v)
Minimum Interior side yard abutting
a residential use or zone shall be
7.5 metres
vi)
Minimum interior side yard not
abutting a residential use or zone shall be 3 metres
vii)
Minimum rear yard abutting a residential
use or zone shall be
15 metres
viii)
Minimum rear yard not abutting a
residential zone or use shall be
7.5 metres
ix)
Maximum lot coverage shall be
30 percent
x)
Maximum building height
xi)
Maximum height of accessory storage 5 metres
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.8.3.2
Business Park Exception Two (BP-2) Zone
(West Part of Lot 7, Concession A)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Business Park Exception Two (BP-2), the parking of vehicles used in a
trucking business shall be permitted, subject to the following additional
provisions:
i)
Maximum width of parking area
61.0 m.
ii)
Maximum depth of parking area
107.0 m.
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.9
RECREATIONAL (RE) ZONE
No person shall within any Recreational (RE) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.9.1
Permitted Uses
i)
golf course
ii)
outdoor recreation area
iii)
private recreational park
iv)
resource management activities
v)
an accessory detached dwelling
4.9.2
Regulations for Permitted Uses
i)
Minimum Lot Area
4.0 hectares
ii)
Minimum Lot Frontage
150 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
15 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
30 m
iv)
Maximum Lot Coverage
5%
v)
Minimum Landscaped Open Space
50%
vi)
Maximum Height
10.5 m
vii)
In any yard abutting a Residential Zone a planting
strip of at least 3.0 metres shall be required.
4.9.3
Exceptions
4.9.3.1
Recreation Exception One (OS-1) Zone
(Part of the East Half of Lots 16 and 17, Concession 14)
Notwithstanding any other provision of this By-law, to the contrary, on lands
zoned Recreation One (RE-1) a campground, having a maximum of 100 camp
sites shall be permitted.
In all other respects, the provisions of this By-law shall apply.
Township of East Garafraxa Zoning By-law 60-2004
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Township Consolidation January 2011
4.10
INSTITUTIONAL (I) ZONE
4.10.1
Permitted Uses
No person shall within any Institutional (I) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following:
i)
ambulance station
ii)
cemetery
iii)
community centre including a banquet hall
iv)
day nursery
v)
fire station
vi)
library
vii)
municipal office and public works yard
viii)
nursing home
ix)
place of worship
x)
school
4.10.2
Regulations for Permitted Uses
private municipal
services
services
i)
Minimum Lot Area
1.0 hectares
0.4 hectares
ii)
Minimum Lot Frontage
60 m.
30m
iii)
Minimum Yard Requirements
a)
Front Yard
6 m.
6 m
b)
Interior Side Yard
3 m.
3 m
d)
Exterior Side Yard
6 m.
6 m
d)
Rear Yard
7.5 m.
6 m
iv)
Maximum Lot Coverage
25%
25%
v)
Minimum Landscaped Open Space
10%
10%
vi)
In any yard abutting a Residential Zone a planting
strip of at least 3.0 metres shall be required.
4.10.3
Exceptions
Institutional Exception One (1-1) Zone
Notwithstanding the provision of Section 4.10.2 Minimum Lot Frontage shall
not apply to lands zoned Institutional Exception One (I-1)
In all other respects, the provisions of this by-law shall apply.
By-Law 20-2010
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4.11
INDUSTRIAL (M1) ZONE
No person shall within any Industrial (M1) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following:
4.11.1
Permitted Uses
i)
building supply and lumber outlet
ii)
business, professional and administrative office
iii)
bulk fuel depot
iv)
concrete batching plant and product manufacturing
v)
contractors yard
vi)
equipment sales and services
vii)
feed mill
viii)
manufacturing, processing, laboratory or assembly within an enclosed
building
ix)
motor vehicle repair garage
x)
motor vehicle body shop
xi)
outside storage
xii)
retail sales accessory to a permitted use not exceeding 35
per cent of the total floor area
xiii)
telecommunications tower
xiv)
transmission towers and hydro-electric substations
xv)
transportation depot
xvi)
warehouse including self storage
xvii)
workshop
4.11.2
Regulations for Permitted Uses
i)
Minimum Lot Area
0.8 hectares
ii)
Minimum Lot Frontage
60 m
iii)
Minimum Yard Requirements
a)
Front Yard
15 m
b)
Interior Side Yard
6 m
c)
Exterior Side Yard
15 m
d)
Rear Yard
7.5 m
iv)
Maximum Lot Coverage
25%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height
10.5 m
vii)
In any yard abutting a Residential Zone a planting
strip of at least 3.0 metres shall be required.
4.11.3
Exceptions
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4.11.3.1
Industrial Exception One (M1-1)
(Part of the West Half of Lot 19, Concession XIII)
Notwithstanding the provisions of the Industrial (M1) Zone, to the contrary, on
lands zoned Industrial Exception One (M1-1), the following shall apply:
i)
Minimum Interior side yard
2 metres
ii)
Minimum rear yard
2 metres
In all other respects, the provisions of this By-law shall apply.
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4.12
EXTRACTIVE INDUSTRIAL (MX) ZONE
No person shall within any Extractive Industrial (MX) Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following:
4.12.1
Permitted Uses
i)
farm
ii)
pits
iii)
peat extraction
iv)
portable asphalt or concrete batching plant
v)
quarries
vi)
resource management activities
vii)
wayside pits and quarries
4.12.2
Regulations for Permitted Uses
i)
Minimum Lot Area
8.0 hectares
ii)
Minimum Lot Frontage
200 m
iii)
Minimum Yard Requirements (from limit of extraction) or buildings or
structures
a)
Front Yard
30 m
b)
Interior Side Yard
15 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
15 m
iv)
Minimum Setback from a Residential Lot
120 m
v)
Maximum Lot Coverage
1%
(Buildings and Structures)
vi)
Minimum Landscaped Open Space
10%
vii)
Maximum Height
12 m
viii)
In any yard abutting a Residential Zone a planting
strip of at least 30.0 metres shall be required.
4.12.3
Exceptions
4.12.3.1
Extractive Industrial Exception One (MX-1) Zone
(Part of Lot 2, Concession 17 and Part of Lot 2, Concession 18, West Half of
Lot 2, Concession 16)
Notwithstanding the provisions of this By-law to the contrary, on lands zoned
Extractive Industrial Exception One (MX-1), to the contrary, the following
provisions shall apply:
i)
Minimum setback for extraction of sand or gravel to any street line or
any lot line abutting a Residential zone or use shall be 30 metres.
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ii)
Minimum setback for extraction of sand or gravel to any other lot line
shall be15 metres.
iii)
Minimum setback for processing plant from any street line shall be 30
metres.
iv)
Minimum setback for processing plant from any lot line abutting a
Residential Zone or use shall be 90 metres.
v)
Minimum setback for processing plant from any other lot line shall be
30 metres.
In all other respects, the provisions of this By-law shall apply.
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4.13
WASTE DISPOSAL INDUSTRIAL (MD) ZONE
No person shall within any Waste Disposal Industrial (MD) Zone, use any land
or erect, alter or use any building or structure except in accordance with the
following:
4.13.1
Permitted Uses
i)
recycling facility
ii)
solid waste disposal or management facility
4.13.2
Regulations for Permitted Uses
i)
Minimum Lot Area
4.0 hectares
ii)
Minimum Lot Frontage
100 m
iii)
Minimum Yard Requirements
a)
Front Yard
60 m
b)
Interior Side Yard
60 m
c)
Exterior Side Yard
60 m
d)
Rear Yard
60 m
iv)
Maximum Lot Coverage
75%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height
12 m
vii)
In any yard abutting a Residential Zone a planting
strip of at least 30.0 metres shall be required.
4.13.3
Exceptions
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4.14
OPEN SPACE (OS) ZONE
No person shall within an Open Space (OS) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.14.1
Permitted Uses
i)
cemetery
ii)
public park and accessory structures
iii)
public recreation centre
iv)
resource management activities
4.14.2
Regulations for Permitted Uses
i)
Minimum Lot Area
0.2 hectares
ii)
Minimum Lot Frontage
30 m
iii)
Minimum Yard Requirements
a)
Front Yard
30 m
b)
Interior Side Yard
30 m
c)
Exterior Side Yard
30 m
d)
Rear Yard
30 m
iv)
Maximum Lot Coverage
1%
v)
Minimum Landscaped Open Space
50%
vi)
Maximum Height
10.5 m
4.14.3 Exceptions
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4.15
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall, within any Environmental Protection (EP) Zone erect, alter or
use any building or structure except in accordance with the following
provisions:
4.15.1
Permitted Uses
i)
existing agricultural use
ii)
conservation
iii)
passive public recreation such as hiking and bird watching
iv)
resource management
v)
existing uses buildings and structures
4.15.2
Regulations for Permitted Uses
No buildings or structures including accessory buildings or structures with the
exception of pumphouses and buildings and structures for flood and erosion
are permitted in the Environmental Protection (EP) Zone.
4.15.3
Exceptions
4.15.3.1
Environmental Protection Exception One (EP-1) Zone
(Lot 86, Plan 7M-15, 46 Brookhaven Crescent)
Notwithstanding any other provision of this by-law to the contrary, on lands
zoned Environmental Protection Exception One (EP-1) a residential dwelling
with attached garage shall be permitted.
In all other respects, the provision of this By-Law shall apply.
4.15.3.2
Environmental Protection Exception Two (EP-2) Zone
(Part West Part Lot 20, Concession 12, Pcl. 5)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Environmental Protection Exception Two (EP-2), a detached garage
shall be permitted with a height of 6.0 metres.
In all other respects, the provisions of this by-law shall apply.
4.15.3.3
Environmental Protection Exception Three (EP-3) Zone
(East Part Lot 1 and 2, Concession 19)
Notwithstanding any other provision of this By-Law to the contrary, on lands
zoned Environmental Protection Exception Three (EP-3), a riding arena shall
be permitted.
In all other respects, the provisions of this by-law shall apply.
By-Law 28-2006
By-Law 10-2008
By-Law 13-2009
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SECTION 5
DEFINITIONS
5.1
ACCESSORY
A use, separate building or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use,
building or structure.
5.2
AGRICULTURE, SPECIALIZED
The use of lands buildings and structures for the propagation of special crops
or for the practice of intensive livestock rearing including poultry and fur
bearing animals within a building or a feed lot, where the number of livestock
units according to Table 1 of Schedule C, exceeds 150 or 5 livestock units per
hectare.
5.3
AGRICULTURAL BUILDING
Any building or structure customarily used in connection with a farm other than
a residence.
5.4
AGRICULTURAL USE
Any agricultural use or uses, structures or buildings accessory thereto,
including field crops, animal husbandry, horticultural nurseries and any other
use customarily carried on in the field of general agriculture, including the sale
on the premises, of produce grown or raised on the premises except
specialized agricultural uses as defined herein.
5.5
AIRPORT
The use of lands, buildings or structures for the purposes of air transportation
services.
5.6
ANIMAL SHELTER
Lands and buildings used for the keeping of animals, birds or other livestock
and may include the premises of a veterinary surgeon.
5.7
ASSEMBLY HALL
A building, or part of a building, in which facilities are provided for such
purposes as meetings for civic, educational, political, religious or social
purposes and may include a bingo hall, a banquet hall, private club or fraternal
organization.
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5.8
ATTACHED
A building otherwise complete in itself, which depends, for structural support or
complete enclosure, upon a division wall or walls shared in common with
adjacent building or buildings.
5.9
BANQUET HALL
A building or part thereof, used for the gathering of groups of people for a
specific function including the consumption of food and drink and shall include
full kitchen facilities
5.10
BASEMENT
That portion of a building below the first floor and which is partly underground
as defined in the Building Code.
5.11
BED AND BREAKFAST
A commercial use within a single detached dwelling wherein not more than
three rooms are rented and meals are served to overnight guests for
commercial purposes.
5.12
BIOSOLID DISPOSAL
The spreading or placement of biological waste that has been partially treated
in a sewage treatment facility or waste vegetable materials including food
waste or by products of food production on lands in the Township.
5.13
BOARDING HOUSE
A dwelling in which the proprietor supplies for a fee sleeping accommodation
with board for at least three persons and not more than ten persons exclusive
of the proprietor, members of the proprietor's family and servants of the
establishment but does not include a hostel.
5.14
BOARDING STABLE
Lands and buildings used for the boarding of horses for commercial purposes
and may include the riding of horses but shall not include a commercial riding
school or equestrian event facility.
5.15
BUILDING
A structure consisting of walls, roof and floor or a structural system serving the
same purpose as defined in the Building Code and including carports and
cloth, plastic or vinyl materials supported by structural frames but does not
include awnings.
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5.16
BUILDING SUPPLY AND LUMBER OUTLET
A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the fabrication of
certain materials related to home improvements.
5.17
BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales except key lock operations.
5.18
BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed in
the management, direction or conducting of a business or where professionally
qualified persons and their staff serve clients or patients who seek advice,
consultation or treatment and may include the administrative offices of a non-
profit or charitable organization.
5.19
CAMPING ESTABLISHMENT
Lands used for the parking and temporary use for at least five (5) campsites
occupied by tents, trailers, motor homes, truck campers and recreational
vehicles and accessory uses and facilities such as administrative offices,
sanitary facilities, recreational facilities and an accessory convenience store.
5.20
CAMP SITE
A parcel of land within a camping establishment that is maintained as a site for
the location and temporary occupation of a tent, travel trailer, motor home,
recreational vehicle or truck camper, but not a mobile home.
5.21
CELLAR
A portion of a building below the first storey floor which is partly or wholly
underground and which has more than one-half of its height, from finished floor
to finished ceiling or to the underside of the floor joints of the first floor, the
average finished grade level adjacent to the exterior walls of the building and
having a floor to ceiling height of less than 1.8 m. (6.0 ft.) or as otherwise
defined in the Building Code.
5.22
CEMETERY
The land that is set apart or used as a place for the internment of the dead or in
which human bodies have been buried.
5.23
CHIEF BUILDING OFFICIAL
The official employed by the Township appointed under the Building By-law or
pursuant to the provisions of The Building Code Act, S.O., 1992 c.23, as
amended, and shall include any Inspector likewise employed and appointed.
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5.24
CLINIC
An establishment used by two or more qualified health practitioners including
physicians, dentists, chiropractors, physiotherapists and their staff for the
purposes of consultation, diagnosis and office treatment.
5.25
COMMUNITY CENTRE
Any tract of land or building, or buildings or any part of any buildings used for
community activities whether used for commercial purposes or not, the control
of which is vested in the Municipality, a local board or agent thereof and may
include an auditorium, swimming pool, arena and fitness centre.
5.26
COMMUNITY FACILITY
Any facility, place or building which is maintained and operated to provide
services for residents of the community.
5.27
CONSERVATION
The wise use, protection and rehabilitation of natural resources according to
principles that will assure their highest economic social and environmental
benefits.
5.28
CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are
stored or where a contractor performs shop or assembly work but does not
include any other yard or establishment otherwise defined or classified herein.
5.28
CONVENIENCE STORE
A retail commercial establishment, not exceeding 200 square metres of gross
floor area, supplying groceries and other daily household necessities to the
surrounding area, whether or not such store is open for business seven (7)
days a week or not.
5.30
CORPORATION
The Corporation of the Township of East Garafraxa.
5.31
COUNCIL
The Council of the Corporation of the Township of East Garafraxa
5.32
CRISIS CENTRE
Crisis residence shall mean a single housekeeping unit licensed or funded by
the Province of Ontario for the short term (averaging 30 days or less)
accommodation of three to nine persons, exclusive of staff, living under
supervision and who, by reason of either emotional, mental, social or physical
condition or legal status, require a group living arrangement for their well-
being.
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5.33
DAY NURSERIES
A day nursery operated for children within the meaning of the Day Nurseries
Act, as amended.
5.34
DECK
Deck shall mean a structure above the ground cantilevered from a dwelling unit
or supported by the ground and open to the sky, located 0.3 metres or more
above finished grade.
5.35
DWELLING
A building or part of a building occupied or capable of being occupied, in whole
or in part as the home, residence or sleeping place of one or more persons
either continuously, permanently, temporarily or transiently.
5.36
DWELLING, ACCESSORY
A use, separate building, or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use,
building or structure but not including a building or structure which is used as a
dwelling unless specifically permitted.
5.37
DWELLING, APARTMENT
A separate building containing three or more dwelling units sharing a common
corridor or stair well.
5.38
DWELLING, DUPLEX
The whole of a two-storey building divided horizontally into two separate
dwelling units, each of which has an independent entrance either directly or
through a common vestibule.
5.39
DWELLING, SEMI-DETACHED
The whole of a building divided vertically into two separate dwelling units.
5.40
DWELLING, SINGLE DETACHED
A detached building containing one dwelling unit only.
5.41
DWELLING, TOWNHOUSE
A dwelling unit in a building divided vertically into no less than three nor more
than eight dwelling units attached by common walls extended from the base of
the foundation to the roof line, each dwelling unit having a separate entrance at
grade.
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5.42
DWELLING, TRIPLEX
The whole of a building divided horizontally into three separate dwelling units,
each of which has an independent entrance either directly or through a
common vestibule.
5.43
DWELLING UNIT
A combination of rooms in which a kitchen, living quarters and sanitary
conveniences are provided for the exclusive use of the residents and with a
private entrance from outside the building or from a common hallway or
stairway inside. It may include a modular home constructed in accordance
with the Building Code and C.S.A. A-277 Regulations.
5.44
DWELLING UNIT, ACCESSORY
A separate dwelling unit which is contained in a building which was originally
designed as a single family dwelling and continues to be occupied by the
owner or a separate building located on lands where a dwelling unit is
accessory to the principle use.
5.45
ERECT
To build, construct, reconstruct, alter or relocate including any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or
draining, or structurally altering any existing building or structure by an addition,
deletion, enlargement or extension.
5.46
ESTABLISHED BUILDING LINE
The average distance from the road line to existing buildings measured not
more than 100 metres on either side of the lot on the same size of the street
where the frontage has been built upon, as of the date of passing of this By-
law.
5.47
EXISTING
Legally existing, being a reality or an actuality as of the date of passing of this
By-law.
5.48
FARM
Any farming or agricultural use and includes apiaries; aviaries; berry or bush
crops; breeding, raising, training or boarding of horses or cattle; commercial
greenhouses; farms devoted to the hatching, raising and marketing of
chickens, turkeys, or other fowl or game birds, animals, fish or frogs; farms for
grazing; flower gardening; field crops; goat or cattle dairies; growing, raising,
picking, treating and storing of vegetables or fruit produce produced on the
premises; nurseries; orchards; riding stables; the raising of sheep or goats; the
raising of swine; tree crops; market gardening; bee keeping; wood lots; such
uses or enterprises as are customarily carried on in the field of general
agriculture not including a specialized farm as defined. "Farm" includes a
single-family dwelling house, and such principle or main buildings and structure
as a barn or silo, as well as accessory buildings and structures which are
incidental to the operation of the farm.
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5.49
FARM IMPLEMENT SALES OUTLET
The use of land, buildings or structures for the commercial sale, storage or
repair of equipment and machinery directly associated with the farming
operations and activities.
5.50
FARM PRODUCE SALES OUTLET
A building not exceeding 20 sq m or structures and lands accessory to an
agricultural use on the same lot where agricultural goods, produce and
products grown or produced on lands used for agricultural purposes by the
owner of the produce stand are made available for sale to the public.
5.51
FINISHED GRADE
The average elevation of the finished surface of the ground at the natural
ground level measured on any side of an existing building or structure.
5.52
FIRST STOREY
The storey with its floor closest to grade and having its ceiling more than 1. 8
metres above grade or as defined in the Building Code.
5.53
FLOOR AREA, GROSS
The total floor area, as hereinafter defined, exclusive of any portion of the
building or structure below finished grade measured between the exterior faces
of the exterior walls which is used for heating, the storage of goods or personal
effects, laundry facilities, recreational areas, the storage or parking of motor
vehicles, exclusive of any private garage, carport, basement, walkout
basement, cellar, porch, verandah or sunroom unless such sunroom is
habitable during all seasons of the year.
5.54
FLOOR AREA, GROUND
The maximum ground floor area of a building measured by the outside walls,
excluding, in the case of a single detached dwelling, any private garage,
carport, porch, verandah or sunroom (unless such sunroom is habitable at all
seasons of the year).
5.55
GARAGE, PRIVATE
A detached accessory building or portion of a dwelling house which is
designed or used for the sheltering of a private motor vehicle and storage of
household equipment incidental to the residential occupancy and which is fully
enclosed and roofed and excludes a carport or other open shelter.
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5.56
GARDEN SUITE
A one unit detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential structure and that is designed
to be portable.
5.57
GAS BAR
Lands and buildings used for the purpose of providing fuel and automotive
fluids for sale to the public but excluding automotive service or sales.
5.58
GAZEBO
A freestanding roofed accessory structure which is not enclosed, except for
screening or glass and which is utilized for the purposes of relaxation in
conjunction with a residential dwelling but shall not include any other use or
activity otherwise defined or classified in this By-law.
5.59
GOLF COURSE
A public or private area operated for the purpose of playing golf, and includes a
par 3 golf course, club house and recreational facilities, accessory driving
ranges and miniature golf courses, and similar uses.
5.60
GREENHOUSE
A building for the growing of flowers, plants, shrubs, trees and similar
vegetation which may be transplanted or grown outdoors on the same lot
containing such greenhouse, and may be sold directly from such lot at
wholesale or retail but shall not include selling any accessory items.
5.61
GROUP HOME
A single housekeeping unit in a residential dwelling in which 3 to 6 unrelated
residents excluding staff or receiving family, live as a family under responsible
supervision consistent with the requirements of its residents and includes a
home licensed or approved under the Provincial statute as a Special Care
Residential Home, Supportive Housing Program, Adult Community Mental
Health Program, Children's Residence, Accommodation Services for the
Developmentally Handicapped, Satellite Residences for Seniors and Homes
for Physically Disabled Seniors, in compliance with municipal by-laws.
5.62
HEAVY EQUIPMENT SALES AND RENTAL
A building or part of a building or structure in which heavy machinery and
equipment are offered or kept for sale, rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or
classified in this By-law.
5.63
HEIGHT OF BUILDINGS
The vertical distance, measured between the average natural or finished grade
at the front of the building, whichever is the lesser, and:
a)
In the case of a flat roof, the highest point of the roof surface;
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b)
In the case of a mansard roof, the deck roof line; and
c)
In the case of a gable, hip or gambrel roof, the average height between
the eaves and ridge.
5.64
HIGH WATER MARK
The mark made by the action of water under natural conditions on the shore or
bank of a body of water, which action has been so common and usual and so
long continued that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation
or soil on the other side of the mark.
5.65
HOME INDUSTRY
Any occupation conducted entirely within a building or part of a building
accessory to a single detached dwelling house, a part of a dwelling unit that
includes processing, assembly, manufacturing or a workshop within an area
not to exceed 140 square metres in gross floor area and shall not include
outdoor storage.
5.66
HOME OCCUPATION
An occupation or profession related to the provision of services, carried on
primarily by the occupant of a dwelling within his/her dwelling as an accessory
use in connection with which there is no display, no stock in trade nor
commodity sold upon the premises, which is not produced on the premises,
and no outdoor storage.
5.67
HOTEL
A building or part of a building that contains a general kitchen and dining room
and other public rooms, the remaining rooms of which contain no provision for
cooking, and are usually hired by transients as places of abode; and includes a
hostel for men or women.
5.68
IMPROVED PUBLIC ROAD
A road or highway under the jurisdiction of the Province of Ontario, County of
Dufferin or the Township or a private road within a registered Plan of
Condominium which is maintained so as to allow normal vehicular access to
adjacent properties and which, in the case of a municipal road is a road which
has been constructed to municipal standards.
5.69
KENNEL
An establishment for the keeping, breeding and raising of domesticated
animals for profit or gain, but shall not apply to the keeping of animals in a
veterinary establishment for the purpose of observation and or recovery
necessary to veterinary treatment.
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5.70
LANDSCAPED OPEN SPACE
The open space from ground to sky at grade on a lot accessible by walking
and which is suitable for the growth and maintenance of grass, flowers, trees,
bushes, natural vegetation and other landscaping and includes anysurfaced
walk, patio or similar area but does not include any driveway or ramp, whether
surfaced or not, any curb, retaining wall, parking area or any open space
beneath or within any building or structure.
5.71
LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure in which light machinery
and equipment such as air compressors and related tools and accessories;
augers; automotive tools; cleaning equipment; light compaction equipment;
concrete and masonry equipment; electric tools and accessories; fastening
devices such as staplers and tackers; floor and carpet tools; gasoline
generators; jacks and hydraulic equipment; lawn and garden tools; ladders;
moving equipment; painting and decorating equipment; pipe tools and
accessories; plumbing tools and accessories; pumps; hoses; scaffolding;
welding equipment; and, other similar tools and appurtenances are offered or
kept for rent, lease or hire under agreement for compensation, but shall not
include any other establishment defined or classified in this By-law.
5.72
LOADING SPACE
An off-street space on the same lot as the building, or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street, lane or
other appropriate means of access.
5.73
LOT
A parcel or tract of land described in a deed or other legal document which is
legally capable of conveying title and:
a)
Which is a whole lot within a Registered Plan of Subdivision, or lot
within a Registered Plan of Condominium other than a Registered Plan
of Subdivision which has been deemed not to be a Registered Plan of
Subdivision under a By-law passed pursuant to Section 50(4) of The
Planning Act R.S.O. 1990 as amended; or
b)
Which is a legally separated parcel of land in existence on the date of
passing of this By-law without the owner holding the fee or the equity
or redemption in, or power or right to grant, assign or exercise a power
of appointment with respect to any abutting land; or
c)
The description of which is the same as in a deed which has received
final consent to a conveyance pursuant to Section 53 of The Planning
Act, R.S.O. 1990, as amended.
d)
Which is the whole remnant remaining to an owner or owners after a
conveyance is made with final consent pursuant to Section 53 of The
Planning Act, R.S.O. 1990, as amended, but for the purpose of this
paragraph no parcel or tract of land ceases to be a lot by reason only
of the fact that a part or parts of it has or have been conveyed to or
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acquired by the Township of East Garafraxa, Her Majesty in the Right
of Ontario or Her Majesty in the Right of Canada; or,
5.74
LOT AREA
The total horizontal area within the lot lines of a lot excluding the area of land
covered with water.
5.75
LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of
a street and a railway right-of-way, or a lot abutting on one or more parts of the
same street, in which an interior angle of less than one hundred and thirty-five
(135) degrees is contained, between the front and side lot lines abutting by the
said street or streets.
5.76
LOT COVERAGE
The percent of the lot area covered by buildings or structures excluding parking
areas, driveways, decks and walkways but including structures and buildings
constructed appertaining to the lot.
5.77
LOT FRONTAGE
The continuous horizontal distance of the front lot line between the side lot
lines measures at right angles. Where the front lot line is not a straight line, or
where the side lot lines are not parallel, the lot frontage shall be the horizontal
distance of a line that is 7.5 metres back from and parallel to a continuous
straight line, joining the two points where the side lot lines intersect with the
front lot line.
5.78
LOT, INTERIOR
A lot other than a corner lot.
5.79
LOT LINE
Any boundary of a lot. For the purpose of this By-law, any combination of lines
that meet at an interior angle of not greater than 135 degrees shall be deemed
to be one line.
5.80
LOT LINE, EXTERIOR
The side lot line which abuts the road on a corner lot.
5.81
LOT LINE, FRONT
a)
Where a lot abuts a municipally maintained road the lot line abutting
the municipal road shall be deemed the front lot line.
b)
In the case of a corner lot or through lot, the shorter lot line that abuts a
street shall be deemed to be the front lot line and the longer lot line
that abuts a road or shall be deemed an exterior side lot line, but,
c)
In the case of a corner lot or through lot with two lot lines of equal
length abutting roads, the lot line that abuts the wider street shall be
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deemed to be the front lot line, but where the roads are of equal width,
the lot line which abuts a Provincial Highway shall be deemed to be the
front lot line, and in the case of both roads being under the same
jurisdiction and of the same width, the owner of the lot may designate
which road line shall be the front lot line.
d)
In the case where a lot abuts only a road cul-de-sac, all of the frontage
on the road cul-de-sac shall be deemed to be the front lot line.
5.82
LOT LINE, REAR
The lot line farthest from or opposite to the front lot line
5.83
LOT LINE, SIDE
A lot line other than a front or rear lot line.
5.84
LOT, THROUGH
A lot bounded on opposite sides by streets.
5.85
MANUFACTURING, LIGHT
The assembly or repair or fabrication of goods and materials utilizing materials
which have been manufactured in another location and which does not
produce waste water in excess of 4500 litres per day, chemical by-products or
utilize and area for outdoor storage of goods or materials except for equipment
or vehicles which are for sale, lease or hire.
5.86
MANUFACTURING, PROCESSING AND ASSEMBLY
The assembly, finishing preparation, repair, treating or fabrication of goods and
materials including storage and packaging.
5.87
MOBILE HOME
Any dwelling that is designed to be mobile, and constructed or manufactured to
provide a permanent residence for one or more persons in accordance with
CSA Z240 or Z241 but does not include a park model home, travel trailer or
tent trailer or trailer otherwise designed.
5.88
MODULAR HOME
Any dwelling that is designed in more than one unit and is designed to be
made mobile on a temporary basis, and constructed or manufactured to
provide a permanent residence for one or more persons, but does not include
a mobile home, recreational travel trailer or recreational motor vehicle as
defined herein. A modular home shall meet C.S.A. A-277 standards.
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5.89
MOTEL
A structure containing a series of living or sleeping units with individual interior
sanitary conveniences, including motor courts or tourist courts. All required
parking is at grade and direct access is available from the parking area to the
individual units.
5.90
MOTOR VEHICLE
An automobile, truck, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of electric or
steam railways, or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or road building machine within the meaning of The Highway Traffic
Act, as amended.
5.91
MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act,
as amended.
5.92
MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle
bodies, exterior and undercarriage, and in conjunction with which there may be
towing service and motor vehicle rentals for customers while the motor vehicle
is under repair, but shall not include any other establishment otherwise defined
or classified in this By-law.
5.93
MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for
sale or rent and in conjunction with which there may be used motor vehicle
sales or rentals, a motor vehicle repair garage, a motor vehicle service station,
a motor vehicle gasoline bar or a motor vehicle body shop, but shall not include
any other establishment otherwise defined or classified in this By-law.
5.94
MOTOR VEHICLE FUEL BAR
One or more pump islands, each consisting of one or more motor vehicle fuel
pumps, and a shelter, which shall include the sale of oils, antifreeze, gasoline
additives, propane, natural gas and small accessories required for the
operation of motor vehicles, boats and snowmobiles and shall not be used for
repairs, oil changes or greasing.
5.95
MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on
motor vehicles for compensation shall include the installation of exhaust
system, repair of the electrical system, transmission repair, brake repair,
radiator repair, tire repair and installation, rustproofing, motor vehicle
diagnostic centre, major and minor mechanical repairs or similar use and in
conjunction with which there may be a towing service, a motor vehicle
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service station and motor vehicle rentals for the convenience of the customer
while the motor vehicle is being repaired, but shall not include any other
establishment otherwise defined or classified in this By-law.
5.96
MOTOR VEHICLE SERVICE STATION
A building or structure where gasoline, propane, natural gas, oil, grease,
antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs,
batteries and automotive accessories for motor vehicles and new retail goods
are stored or kept for sale to the general public, or where motor vehicles may
be oiled, greased or washed, or have their ignition adjusted, tires inflated or
batteries charged, and where mechanical or running repairs essential to the
actual operation of motor vehicles are executed or performed. Such shall
require public washrooms.
5.97
MUNICIPAL, DISTRICT OR PROVINCIAL MAINTENANCE AND/OR PUBLIC
WORKS YARD
Any land, building and/or structure owned by the Corporation of the Township
of East Garafraxa, Public Utilities provider or the Province of Ontario and used
for the storage, maintenance and/or repair of material, equipment, machinery
and/or motor vehicle used in connection with civic works.
5.98
NON-COMPLYING
A lot, building or structure that does not fulfill the requirements of the zone
provisions for the zone in which the lot, building, structure is located.
5.99
NON-CONFORMING
An existing use or activity o premises maintained and operated for persons
requiring nursing care, and which is licensed under The Nursing Homes Act, as
amended.
5.100
NUTRIENT MANAGEMENT PLAN
A plan prepared for the disposal of manure and other waste products of a
farming operation that has been approved by the appropriate authority having
jurisdiction.
5.101
OUTDOOR RECREATION AREA
Lands and buildings used for the purposes of downhill skiing, cross country
skiing, bicycling, hiking, and other sports activities that rely on the natural
landscape but shall not include the racing of animals, motor vehicles, motor
cycles or snowmobiles.
5.102
OUTSIDE STORAGE
Any accessory storage outside of a principle or main building or structure on
the lot.
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5.103
PARK, PRIVATE RECREATIONAL
An open space or recreational area, other than a public park, operated on a
commercial and/or private member basis, and which includes one or more of
the following facilities or activities:
a)
Areas for walking, riding, and cross-country skiing, but does not
include the racing of animals, or riding motorized vehicles;
b)
Accessory recreational or playground areas such as picnic areas,
tennis courts, lawnbowling greens, outdoor skating rinks, athletic fields;
c)
An accessory club house or storage building of a maximum of 75 sq.
m.; and,
d)
Parking lots accessory to the foregoing.
5.104
PARK, PUBLIC
Any open space or recreational area, owned or controlled by the Corporation
or by any Board, Commission or other Authority established under any statute
of the Province of Ontario and may include therein neighbourhood, community,
regional and special parks or areas and may include one or more athletic
fields, field houses, community centres, bleachers, swimming pools,
greenhouses, botanical gardens, zoological gardens, bandstands, skating
rinks, tennis courts, bowling greens, bathing stations, curling rinks, refreshment
rooms, fair grounds, arenas, or similar uses.
5.105
PARKING AREA
An area or areas of land or a building or part thereof which is provided and
maintained upon the same lot or lots upon which the principle use is located for
the purpose of storing motor vehicles.
5.106
PARKING LOT
A parking area forming the principle use of a lot.
5.107
PARKING SPACE
An area having a minimum width of 3 metres and a minimum area of 18.5
square metres, exclusive of any aisles, ingress or egress lanes, for the parking
or storage of motor vehicles.
5.108
PATIO
A platform or surfaced area without a roof, the surface of which is not more
than 0.3 metres above finished grade, which is designed and intended for use
as an accessory to a dwelling or a commercial use.
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5.109
PERSON
Any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executor or other legal
representatives of a person to whom the context can apply according to law.
5.110
PIT
Any lands where unconsolidated gravel, stone, sand, earth, clay, fill, peat or
other earthen material is being or has been removed by means of an
excavation to supply materials for construction, industrial or manufacturing
purposes, but does not include a wayside pit.
5.111
PLACE OF WORSHIP
Churches, chapels, temples, parish halls and synagogues including offices for
the
administration
of
the
religious
institution,
convents,
seminaries,
monasteries, rectories, parsonages and parish houses. recognized in the
Province of Ontario
5.112
PLACE OF AMUSEMENT
Any premises or separate part of a premises wherein for profit or gain, two or
more amusement machines are provided for use by the public.
5.113
PLANTING STRIP
An open space free of buildings or structures which is used for no other
purpose than planting a continuous, unpierced hedgerow of trees, evergreens
or shrubs, or other natural vegetation having a minimum height of 1.5 metres.
5.114
PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but not including a concrete batching plant or an asphalt
plant, which equipment is capable of being readily drawn or readily propelled
by a motor vehicle and which equipment is not considered permanently affixed
to the site.
5.115
PRINCIPLE OR MAIN BUILDING
Any building which is carried on the principle purpose for which the building lot
is used and shall include a barn or silo used in conjunction with a farm.
5.116
PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural,
athletic and/or recreational activities.
5.117
PRIVATE ROAD
A private right-of-way over private or public property which affords access to
abutting lots and is not maintained by a public body.
5.118
PROVINCIAL HIGHWAY
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A public improved road under the jurisdiction of the Ministry of Transportation.
5.119
PUBLIC AUTHORITY
Any Federal, Provincial, District or Municipal agencies, and includes any
commission, board, authority or department established by such agency and
shall include Ontario Hydro, and Bell Canada or their successors.
5.120
QUARRY
Any lands where consolidated rock has been or is being removed by means of
an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit
metal mine.
5.121
RECREATIONAL ESTABLISHMENT
Premises where entertainment is offered for gain or profit such as a motion
picture or other theatre, public hall, billiard or pool rooms, an establishment
offering three or more electronic games for public use, bowling alley, ice or
roller skating rink, miniature golf course and all other similar places of
amusement.
5.122
RESOURCE MANAGEMENT
The preservation, protection and improvement of the natural environment
through comprehensive management and maintenance, under professional
direction for both the individual and society's use, both in the present and the
future. Resource Management Uses also means the management,
development and cultivation of timber resources to ensure the continuous
production of wood or wood products, the provision of proper environmental
conditions for wildlife, the protection against floods and erosion, the protection
and production of water supplies and the preservation of the recreational
resource.
5.123
RESTAURANT
A building or part of a building where food is offered for sale or sold to the
public primarily for immediate consumption.
5.124
RETAIL STORE
A building or part of a building where goods, wares, merchandise, substances
or articles, are offered or kept for sale at retail and includes storage on or about
the store premises of limited quantities of such goods, wares, merchandise,
substances, or articles sufficient only to service such stores but does not
include any retail outlet otherwise classified or defined in this By-law.
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5.125
RIDING SCHOOL OR BOARDING STABLE
An area of land and buildings which are used as an educational or recreational
centre for horse training, handling, care, or for the lodging of horses.
5.126
SALVAGE OR WRECKING YARD
A place where motor vehicles are wrecked or disassembled and resold; a
place where second-hand goods, including waste paper, bottles, automobile
tires, clothing, other scrap materials and salvage are collected to be sorted and
a place where used lumber and used building materials are collected, stored
for sale or resale.
5.127
SAWMILL
A building, structure or areas where timber is cut or sawed to finished lumber.
5.128
SCHOOL
A public school, a separate school, a university, a community college or a
private school authorized by the Province of Ontario.
5.129
SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By-
law, for the servicing or repairing of articles, goods or materials, as well as
facilities for accessory retail sales.
5.130
SERVICE SHOP, PERSONAL
A building or part of a building in which persons are employed in furnishing
services and otherwise administering to individual and personal needs of
patrons such as barber shops, beauty parlours, dry cleaning outlets, hair
dressing shops, photograph studio and shoe repair shops.
5.131
SETBACK
The horizontal distance from the centre line of the street right-of-way, or
defined physical feature measured at right angles to such centre line, to the
nearest part of any building or structure on the lot.
5.132
SEWAGE
The waste water and matter from any use.
5.133
SEWAGE SERVICES OR FACILITY
Any works by a public authority for the collection, transmission, storage,
treatment and disposal of sewage.
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5.134
SITE TRIANGLE
The triangular space formed by the street lines on a corner lot and drawn from
the point of one street line to the other street line at a specified distance from
the intersection of the street lines.
5.135
STORAGE FACILITY, PUBLIC
Lands and buildings used, rented or leased to persons for the storage of
household
and
personal
items,
including
recreational
vehicles
and
automobiles, within in separate units forming part of a wholly enclosed building.
5.136
STOREY
A storey is that part of a building between the surface of one floor and the
ceiling above. However, a cellar does not count as a storey.
5.137
STREET LINE
The limit of the street or road allowance and is the dividing line between a lot
and street or road.
5.138
STRUCTURE
Anything man-made that is fastened to or into the earth or another structure or
rests on the earth by its own mass.
5.139
TAVERN
A tavern or public house as defined by The Liquor License Act, but does not
include a hotel or restaurant.
5.140
TENT
Any kind of temporary shelter for sleeping that is not permanently affixed to the
site and that is capable of being easily moved and is not considered a
structure.
5.141
TOP OF BANK
A point of line which is the beginning of a significant change in the land
surface, thence from which the land surface slopes downward towards an
abandoned or existing watercourse. Where two or more slopes are located
together, the slope that is highest and furthest away from the watercourse shall
be the slope considered the top of bank.
5.142
TOWNSHIP
The Corporation of the Township of East Garafraxa
5.143
TRAILER
A vehicle that is at any time drawn upon a highway by a motor vehicle, another
motor vehicle or any device or apparatus not designed to transport persons or
property, temporarily drawn, propelled or moved upon such highway, and
except a side car attached to a motorcycle, and shall be considered a separate
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vehicle and not part of the motor vehicle by which it is drawn and, for the
purposes of this By-law, does not include a mobile home or a park model
home.
5.144
TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and
sleeping accommodation, with or without cooking facilities and which has
running gear and towing equipment permanently attached and a current
license and is not permanently affixed to the ground.
5.145
TRANSPORTATION DEPOT
Any building or land where buses, trucks or tractor-trailers are rented, leased,
kept for hire, stored or parked for commercial purposes.
5.146
USE
a)
Any purpose for which a building or other structure or a parcel of land
may be designed, arranged, intended, maintained, or occupied; or,
b)
Any activity, occupation, business or operation carried on, or intended
to be carried on, in a building or other structure or on a parcel of land.
5.147
UTILITY PROVIDER
Any agency, which under public or private ownership, provides the public with
electricity, gas, heat, rail transportation, water, sewage, collection or other
public service.
5.148
VEHICLE
A motor vehicle, trailer, traction engine, farm tractor, road building machine and
any vehicle drawn, propelled or driven by any kind of power, including
muscular power, but does not include the cars of electric or steam railways
running only upon rails.
5.149
VEHICLE, RECREATIONAL
A vehicle designed to provide temporary living accommodation but does not
include a mobile home, travel trailer or other vehicle defined herein.
5.150
VETERINARY HOSPITAL
The premises of a veterinary surgeon where animals are treated or kept.
5.151
WAREHOUSE
A building or part of a building used for the storage and distribution of goods,
wares, merchandise, substances or articles and may include facilities for a
wholesale or retail commercial outlet, provided that they do not exceed 10 per
cent of the gross floor area, but shall not include a truck or transport terminal or
yard.
5.152
WASTE DISPOSAL AREA
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A land fill site where garbage, refuse, domestic or industrial waste, exclusive of
liquid industrial waste, is disposed of or dumped.
5.153
WATERCOURSE
The natural or man-made bed and shore of a river, lake, stream or creek where
the primary focus is the conveyance or containment of water whether the flow
is continuous or not.
5.154
WATER TAKING, COMMERCIAL
The extraction on water from ground or surface water sources in excess of
50,000 litres per day for resale.
5.155
WAYSIDE PIT OR QUARRY
A temporary pit or quarry opened and used by a public road authority solely for
the purpose of a particular project or contract of road construction and not
located on the road right-of-way.
5.156
WORKSHOP
A building or structure where manufacturing is performed by tradesmen
requiring manual or mechanical skills and may include a carpenter's shop, a
locksmith's shop, a gunsmith's shop, a plumbing and electrical contractor's or
a heating /air conditioning contractor's shop, a commercial welder's shop, or
similar uses.
5.157
YARD
Any open unoccupied space appurtenant to a building measured from the
closest supporting structure of the building to the lot line.
5.158
YARD, FRONT
A yard extending across the full width of the lot between the front lot line and
the nearest wall of any building or structure on the lot for which the yard is
required, or the nearest open storage use on the lot, or the edge or rim of an
excavation.
5.159
YARD, REAR
A yard extending across the full width of the lot between the rear lot line and
the nearest wall of any building, or the nearest open storage use on the lot, or
the edge or rim of an excavation on the lot for which the yard is required.
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5.160
YARD, REQUIRED
The minimum yard required by the provisions of the By-law.
5.161
YARD, SIDE
A yard extending from the front yard to the rear yard between the side lot line
and the nearest wall of any building on the lot for which the yard is required.
5.162
YARD, SIDE EXTERIOR
A side yard immediately adjoining a public street.
5.163
YARD, SIDE INTERIOR
A side yard other than an exterior side yard.
5.164
ZONE
The category of use or activity of land, buildings, structures or activities
permitted by this By-law.
5.165
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, gross
floor area, the minimum landscaped open space, the maximum height of
buildings, minimum parking requirements, and all other Zone provisions are set
out within the By-law for the respective Zones.
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SECTION 6
ENACTMENT
6.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the
Council of the Corporation of the Township of East Garafraxa subject to the
applicable provisions of The Planning Act, R.S.O. 1990, c. P. l3, as amended.
6.2
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST TIME ON THE 14th day of DECEMBER 2004.
THIS BY-LAW READ A SECOND TIME ON THE 14th day of DECEMBER 2004
THIS BY-LAW READ A THIRD TIME AND FINALLY PASSED ON THE 14th
day of DECEMBER 2004
MAYOR: J. Earl Lennox
(MUNICIPAL SEAL)
CLERK: Susan M. Stone
6.3
CERTIFICATION
I hereby that the foregoing is a true copy of Zoning By-law No. ______ as
enacted by the Council of the Corporation of the Township of East Garafraxa,
on the _____ day of _______, 2004.
CLERK: ____________________
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SCHEDULE "B" - MDS 1
SCHEDULE C - MDS II