Zoning By-law 2018-043 (Office Consolidation, October 2020)

East Gwillimbury, Ontario · No. 2018-043 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 2de28038d8a8 · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

2018-043 OUR TOWN. OUR FUTURE ZONING by-law TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 1 Table of Contents Part 1.0 - Interpretation And Administration ......................................................... 7 1.1 Title ............................................................................................................ 7 1.2 Conformity and Compliance With By-Law ................................................. 7 1.3 Interpretation.............................................................................................. 7 1.4 Enforcement .............................................................................................. 8 1.5 Severability ................................................................................................ 8 1.6 Repeal of Former By-Law and Effective Date ............................................ 8 1.7 References to Provincial Acts .................................................................... 8 1.8 Expansions to Legal Non-Conforming Uses .............................................. 8 1.9 Site Plan Agreements and Site Plan Approvals ......................................... 9 1.10 Minor Variances ......................................................................................... 9 1.11 Illustrations ................................................................................................ 9 1.12 Technical Revisions to the Zoning By-law ................................................. 9 Part 2.0 - Classification Of Zones ....................................................................... 12 2.1 Zones ....................................................................................................... 12 2.2 Abbreviations ........................................................................................... 13 2.3 Zone Schedules ....................................................................................... 13 2.4 Determining Zone Boundaries ................................................................. 13 2.5 Exception Zones ...................................................................................... 14 2.5.1 Oak Ridges Moraine ................................................................................ 14 2.6 Holding Zones.......................................................................................... 14 2.7 Definitions ................................................................................................ 15 2.8 Land Ownership ....................................................................................... 15 Part 3.0 - Definitions ........................................................................................... 16 Part 4.0 - General Provisions ............................................................................. 44 4.1 Accessory Apartments .............................................................................. 44 4.2 Accessory Uses, Buildings and Structures .............................................. 44 4.3 Accessory Farm Employee Accommodation ........................................... 46 4.4 Adult Entertainment Uses ........................................................................ 46 4.5 Barrier-free Access Ramps and Lifts ....................................................... 47 4.6 Daylighting or Sight Triangles .................................................................. 47 4.7 Deck Regulations ..................................................................................... 48 4.8 Encroachments into Required Yards (Excluding Decks) ......................... 48 4.9 Established Building Line ......................................................................... 50 4.10 Flood Hazard Lands ................................................................................ 50 4.11 Frontage on a Street ................................................................................ 51 4.12 Group Homes .......................................................................................... 51 4.13 Height Exceptions .................................................................................... 51 4.14 Home Businesses .................................................................................... 52 4.15 Kennels .................................................................................................... 53 4.16 Legal Non Compliance and Legal Non-Conformity .................................. 53 4.17 Medical Marihuana Production Facilities ................................................. 55 4.18 Multiple Uses and Zones on one Lot ....................................................... 56 4.19 Number of Dwelling Units on a Lot .......................................................... 56 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 2 4.20 Oak Ridges Moraine Provisions............................................................... 56 4.21 Outdoor Commercial Patios ..................................................................... 57 4.22 Outdoor Display and Sales Areas ............................................................ 58 4.23 Outdoor Storage ...................................................................................... 58 4.24 Outdoor Swimming Pools and Hot Tubs .................................................. 59 4.25 Planting Strips.......................................................................................... 59 4.26 Residential Backyard Hens ...................................................................... 60 4.27 Rooftop Mechanical Equipment and Mechanical Penthouses ................. 60 4.28 Special Setbacks ..................................................................................... 60 4.29 Temporary Uses ...................................................................................... 61 4.30 Uses Permitted in any Zone .................................................................... 64 4.31 Uses Prohibited in any Zone .................................................................... 65 4.32 Waste Storage Areas ............................................................................... 66 4.33 Wellhead Protection Areas ...................................................................... 66 Part 5.0 - Parking and Loading Standards ......................................................... 71 5.1 Applicability of this Section ...................................................................... 71 5.2 General Parking Provisions ..................................................................... 71 5.3 Permitted Locations for Required Parking Spaces .................................. 73 5.4 Parking in Residential Zones ................................................................... 73 5.5 Parking Garages ...................................................................................... 74 5.6 Landscaping in Parking Areas ................................................................. 75 5.7 Parking of Commercial Motor Vehicles in Residential Zones .................. 75 5.8 Parking of Recreational Vehicles, Trailers and Boats .............................. 75 5.9 Residential Parking Requirements ........................................................... 76 5.10 Non-Residential Parking Requirements ................................................... 77 5.11 Shared Parking ........................................................................................ 79 5.12 Accessible Parking Space Requirements ................................................ 80 5.13 Loading Spaces ....................................................................................... 81 5.14 Bicycle Parking Requirements ................................................................. 82 5.15 Drive-Through Service Facilities .............................................................. 82 Part 6.0 - Mixed Use Zones ................................................................................ 85 6.1 Permitted Uses ........................................................................................ 86 6.2 Zone Standards ....................................................................................... 89 Part 7.0 - Residential Zones ............................................................................... 91 7.1 Permitted Uses ........................................................................................ 92 7.2 Zone Standards ....................................................................................... 93 Part 8.0 - Commercial Zones ............................................................................. 97 8.1 Permitted Uses ........................................................................................ 98 8.2 Zone Standards ..................................................................................... 100 Part 9.0 - Employment Zones ........................................................................... 101 9.1 Permitted Uses ...................................................................................... 102 9.2 Zone Standards ..................................................................................... 104 Part 10.0 - Institutional Zones .......................................................................... 105 10.1 Permitted Uses ...................................................................................... 105 10.2 Zone Standards ..................................................................................... 106 Part 11.0 - Rural and Aggregate Resource Zones ........................................... 107 11.1 Permitted Uses ...................................................................................... 107 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 3 11.2 Zone Standards ..................................................................................... 109 Part 12.0 - Environmental and Open Space Zones .......................................... 111 12.1 Permitted Uses ...................................................................................... 111 12.2 Zone Standards ..................................................................................... 112 Part 13.0 - Oak Ridges Moraine Zones ............................................................ 113 13.1 Permitted Uses ...................................................................................... 113 13.2 Zone Standards ..................................................................................... 115 Part 14.0 - Holding Provisions .......................................................................... 117 Part 15.0 - Temporary Uses ............................................................................. 119 Part 16.0 - Exceptions ...................................................................................... 121 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 4 THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY-LAW NO. 2018-XX A By-law to enact a New Comprehensive Zoning By-law for the Town of East Gwillimbury WHEREAS on June 28, 2010, the Council of the Corporation of the Town of East Gwillimbury enacted By-law 2010-084 to adopt the Official Plan for the Town of East Gwillimbury; and WHEREAS under Section 34(1) of the Planning Act, R.S.O. 1990, as amended, zoning by-laws may be passed to prohibit and regulate the use of land, buildings and structures; Now therefore, the Council of the Corporation of the Town of East Gwillimbury, in accordance with the provisions of the Planning Act, R.S.O. 1990, hereby enacts as follows: 1. The Town of East Gwillimbury Zoning By-law, consisting of text and maps attached hereto, is hereby approved. 2. Zoning By-law 97-50, as amended, and all previous by-laws passed under Section 34 of the Planning Act or any predecessor thereof, are hereby repealed in their entirety. 3. This By-law shall come into force and take effect on the day of the final passing thereof. ENACTED AND PASSED THIS _____ DAY OF ___________________, 2018. ______________________________ Virginia Hackson, Mayor ______________________________ Fernando Lamanna, Municipal Clerk TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 5 How to Use This By-law In order to use this Zoning By-law, one should follow each of the steps listed below to determine the Zone(s) and permissions that apply to a particular property. STEP 1 - Locate the Property on a Map Maps in a Zoning By-law are called 'Schedules'. The first step is to refer to the Schedules that are contained at the back of the By-law to determine the Zone(s) that apply to your property. The Zone will be indicated on the Schedules by a symbol or abbreviation. For example, you may see a symbol such as "C1" that applies to your property. This would indicate that your property is within the 'Village Core Commercial (C1) Zone'. The Zone symbols or abbreviations are identified on the first page of Part 2.0 (Classification of Zones) of the By-law. Part 2.0 (Classification of Zones) also provides assistance to help you identify the Zone boundaries on the Schedules. For example, if your property appears close to a Zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.4 (Determining Zone Boundaries) of the By-law. STEP 2 - By-law Amendments, Minor Variances and Exceptions A Zoning By-law is amended over time as demands and policies governing land use change. By-laws are commonly amended to change the zoning of a property to permit or prohibit a use or uses. In some cases, special provisions are applied to a property to change the Zone provisions for that property. This type of variance is called an exception and exceptions to the By-law are contained within Part 16.0 (Exceptions). You should also verify if your property is the subject of a Holding By-law or Temporary Use By-law. Part 14.0 (Holding Provisions) contains specific requirements that describe what conditions need to be met in order to develop/establish permitted uses on a property. Part 15.0 (Temporary Uses) identifies those properties that are subject to use permissions that only last for a specified period of time. Also note that more recent amendments may not be included in the version of the By-law you are using. Staff in the Town's Development Services Department will be able to assist you to confirm if your property has been subject to a more recent By-law Amendment or Minor Variance. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 6 STEP 3 - Permitted Uses and Zone Standards The next step is to determine what uses are permitted on your property. Parts 6.0 through 13.0 of the By-law identify the permitted uses for each Zone. The definitions in Part 3.0 (Definitions) can assist you if you are not sure of the nature of a use or how it has been defined for the purposes of this By-law. Words that are defined in Part 3.0 are bolded throughout the By-law. If a word is not bolded, it is not specifically defined. Uses that are not identified as permitted uses within a particular Zone are not permitted in that specific Zone. Next, you can determine what standards apply to the uses on your property. Parts 6.0 through 13.0 of the By-law also identify the standards for each Zone including minimum lot area, minimum frontage, minimum yards, maximum lot coverage for buildings, and the maximum permitted height of buildings. STEP 4 - General Provisions After determining what uses are permitted and the specific standards that apply to those uses, you should refer to Part 4.0 (General Provisions) of this By-law. Part 4.0 contains a more generic set of standards known as 'General Provisions' that apply to all properties in all Zones throughout the Town. STEP 5 - Parking and Loading There is one final section of the By-law that you should review when determining what permissions apply. Part 5.0 (Parking and Loading) provides the parking and loading requirements for all permitted uses in the Town. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 7 Part 1.0 - Interpretation And Administration 1.1 Title This By-law may be referred to as the "Town of East Gwillimbury Zoning By-law" and applies to all lands within the Town of East Gwillimbury, as shown on Schedules "A" to "E" and Appendices "A" to "D" of this By-law. 1.2 Conformity and Compliance With 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. Without limiting the generality of the foregoing, this shall include those matters defined as applicable law under Section 1.4.1.3 of Ontario Regulation 350/06 (the Building Code). 1.3 Interpretation 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 Town or any other requirement of the Region, the Province of Ontario or the Government of Canada that may affect the use of lands, buildings or structures in the Town of East Gwillimbury. Conservation Authority Regulated Areas, shown on Appendix "A", constitutes an information schedule to this by-law showing lands subject to the Lake Simcoe Region Conservation Authority ("LSRCA") regulations. Notwithstanding any other provision of this By-law, written approval of the LSRCA shall be obtained and submitted with any building permit application and prior to any site alteration or the addition or removal of fill, whether originating on the site or elsewhere for any lands located within the regulated areas. All uses, buildings or structures shall meet all other provisions of this By-law. 1.3.1 Other Land Use Controls Recognizing the many partners involved in guiding and regulating land uses in East Gwillimbury, this By-law must be read in concert with the land use planning policy documents and regulations of the Province of Ontario, the Region, the Town and the LSRCA. In particular, any person who wishes to know the complete and precise land use permissions and restrictions on their lands should refer to the text, Schedules, and Appendices to this By- law and the Town's Official Plan. The Schedules of this By-law identify lands regulated by the LSRCA (Regulated Area includes watercourses, flood hazard areas, erosion hazard areas, wetlands and apparent TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 8 valleylands/steep slopes), lands within the Greenbelt and the Oak Ridges Moraine, Provincially Significant Wetlands, and Regional Woodlands. New development and/or site alteration on lands identified as being within the Greenbelt, Oak Ridges Moraine, LSRCA Regulated Area and/or the York Region Woodlands as shown on "Schedule E: Consultation Schedule" of this By-law may be subject to additional approvals such as Site Plan Control. Additional information, studies, and/or environmental feature identification may be required to support an LSRCA permit and/or building permit as set out in the policies of the Town's Official Plan as well as the requirements of the Conservation Authorities Act, RSO 1990, c. 27 1.4 Enforcement Any person or director or officer of any corporation convicted of a violation of this By-law is liable to penalties in accordance with the provisions of Sections 67 and 67.1 of the Planning Act, R.S.O. 1990, c.P.13, as amended. 1.5 Severability 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. 1.6 Repeal of Former By-Law and Effective Date Zoning By-law 97-50 and all amendments thereto are hereby repealed. This By-law shall come into force the day it was passed if no appeals are received. If an appeal(s) is received, this By-law, or portions thereof, shall come into force upon the approval of the Ontario Municipal Board and in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended. 1.7 References to Provincial Acts Where this By-law refers to a Provincial Act, the latest in-effect version of that Act and any relevant section shall be relied upon as necessary. 1.8 Expansions to Legal Non-Conforming Uses Where the Committee of Adjustment or the Ontario Municipal Board has authorized the expansion of a legal non-conforming use, building or structure and such a decision has become final and binding after May 20, 1997 and prior to the effective date of this By-law, the provisions of this By- law (as they apply to such use, building or structure) are deemed to be modified to the extent necessary to give effect to the decision. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 9 1.9 Site Plan Agreements and Site Plan Approvals Where a site plan agreement has been entered into prior to the effective date of this By-law, or where site plan approval has been granted by the Town and a building permit for the project in either circumstance has not been issued, the provisions of this By-law, as they apply to such land, building or structure, are deemed to be modified to the extent necessary to give effect to such site plan agreement or site plan approval, provided that the building permit is issued within two (2) years of the effective date of this By-law. 1.10 Minor Variances Where the Committee of Adjustment or the Ontario Municipal Board has authorized a minor variance in accordance with Section 45(1) of the Planning Act R.S.O. 1990 c.P.13 as amended, in respect of any land, building or structure and the decision of the Committee of Adjustment or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the effective date of this By-law, the provisions of this By-law, as they apply to such land, building or structure, are deemed to be modified to the extent necessary to give effect to such minor variance. This provision shall apply only to minor variances that have been granted since April 1, 2017. This Section shall lapse and is deemed to be deleted two (2) years of the effective date of this By-law. For clarity, this provision shall not require an amendment to this By-law to take effect. 1.11 Illustrations All illustrations or photos in this By-law are deemed to not be part of this By-law and are included only to assist with the interpretation of the By-law. 1.12 Technical Revisions to the Zoning By-law Provided that the purpose, effect, intent, meaning and substance of this By- law are in no way affected, the following technical revisions to this By-law are permitted without a zoning by-law amendment: a) Changes to the numbering, cross-referencing, format and arrangement of the text, tables, schedules and maps; b) Additions to and revisions of technical information on maps and schedules including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks; c) Alterations of punctuation; d) Correction of grammatical, dimensional, boundary, mathematical or typographic errors; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 10 e) Changes to the illustrations or the Preamble, which are not considered to form part of this By-law; f) Changes to the Environmental Protection (EP) Zone limits based on an approved Natural Heritage Evaluation; and g) Changes to the Lake Simcoe Region Conservation Authority regulated areas and Flood Hazard Lands as shown in Appendix A. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 11 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 12 Part 2.0 - Classification Of Zones 2.1 Zones The provisions of this By-law apply to all lands within the limits of the Town of East Gwillimbury. All lands in the Town are contained within one or more of the following zones: Mixed Use Zones - Mixed Use One (MU1) - Mixed Use Two (MU2) - Mixed Use Three (MU3) - Mixed Use Four (MU4) - Mixed Use Five (MU5) - Mixed Use Six (MU6) - Mixed Use Seven (MU7) Residential Zones - Residential Private Services (RPS) - Residential One (R1) - Residential Two (R2) - Residential Three (R3) - Residential Four (R4) - Residential Five (R5) - Residential Six (R6) - Estate Residential (ER) - Hamlet Residential (HR) Commercial Zones - Commercial Corridor (C1) - Commercial Marine (C2) - Community Commercial (C3) - Neighbourhood Commercial (C4) Employment Zones - Employment Prestige (M1) - Employment General (M2) Institutional Zones - Institutional One (I1) - Institutional Two (I2) TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 13 Rural and Aggregate Resource Zones - Rural (RU) - Aggregate Extraction / Resource (AER) Environmental and Open Space Zones - Environmental Protection (EP) - Open Space One (OS1) - Open Space Two (OS2) Oak Ridges Moraine Zones - Oak Ridges Moraine Core (ORMC) - Oak Ridges Moraine Core Linkage (ORMCL) - Oak Ridges Moraine Countryside (ORMCS) - Oak Ridges Moraine Industrial Extractive (ORMIE) 2.2 Abbreviations All of the Zones identified in Section 2.1 of this By-law are abbreviated in the remainder of this By-law, and the full name of the Zone is as per Section 2.1. 2.3 Zone Schedules The Zones and Zone boundaries are shown on Schedule "A" (which includes Maps 1 through 15), which form part of this By-law. 2.4 Determining Zone Boundaries When determining the boundary of any Zone as shown on any Schedule forming part of this By-law, the following provisions apply: a) A boundary indicated as following a street, lane, railway right-of-way, utility corridor or watercourse is the centre-line of such street, lane, railway right-of-way, utility corridor or watercourse; b) A boundary indicated as substantially following lot lines shown on a registered plan of subdivision follows such lot lines; c) Where a boundary is indicated as running substantially parallel to the boundary of a street and the distance from the street is not indicated, the boundary is deemed to be parallel to such a street and the distance from the street is to be determined according to the scale shown on the schedule(s); d) A boundary indicated as following a shoreline follows such shoreline and in the event of a natural change in the shoreline, the boundary will move with the actual shoreline; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 14 e) A boundary indicated as following the limit of an environmental feature and/or its associated buffer shall follow the limit of that feature and/or buffer as determined through a site specific Natural Heritage Evaluation; f) Where a lot falls into two or more Zones, each portion of the lot is to be used in accordance with the provisions of this By-law for the applicable Zone; and, g) Where none of the above provisions apply, the Zone boundary is to be scaled from the Schedule(s). In no case is a Zone boundary dividing a lot into two or more Zone categories intended to function as a property boundary for the purposes of calculating yards, setbacks and coverage. In all cases, the property line must be used for the purposes of calculating setbacks, unless otherwise specified by this By-law. 2.5 Exception Zones Where a number within a set of brackets follows a Zone symbol on the attached Schedules to this By-law, the number refers to a site-specific exception that applies to the lands noted. Site-specific exceptions are listed in Part 16.0 of this By-law. Unless specifically amended by the Zone exception, all other provisions of this By-law apply. 2.5.1 Oak Ridges Moraine Where a Zone symbol is followed by the letters "ORM" (for example HR ORM) the lands so noted are subject to all the provisions of the Main Zone represented at the beginning of such symbol except as otherwise provided by the policies of Section 4.20. 2.6 Holding Zones Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter (H), no person can use the land to which the letter (H) applies for any use other than the use which legally existed on the date the by-law applying the Holding provision came into effect, or expand or replace an existing building or structure, as the case may be until the (H) is removed in accordance with the policies of the Official Plan. Notwithstanding the above, this provision does not apply to the following uses, which are permitted without the need to remove the Holding provision: a) Temporary construction and sales uses in accordance with Section 4.29 of this By-law; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 15 b) Sales offices and model homes in accordance with Section 4.29 of this By-law; c) agricultural uses where permitted by this By-law; and, d) Permitted uses outlined in Part 14.0 for lands subject to an associated holding provision. In addition, the existence of the Holding provision does not prevent the issuance of a building permit to make structural repairs, carry out façade improvements, improve and/or replace plumbing and electrical systems and/or replace openings. Site-specific or area-specific holding zones are detailed in Part 14.0 of this By-law. 2.7 Definitions For the convenience of the reader, all words that are bolded are defined in Part 3.0 of this By-law. 2.8 Land Ownership The Town makes no representation or implication, nor should any inference be drawn from the Schedules attached to this By-law as to the ownership of any land and/or rights of access to such land. Ownership and access rights are legal matters that fall solely within the purview of a Court of competent jurisdiction. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 Part 3.0 - Definitions ABATTOIR (otherwise known as a slaughter plant): an establishment where food animals are slaughtered and may include any part of the establishment where, a) Food animals are received, kept or handled before they are slaughtered; b) Carcasses derived from food animals are dressed; c) Carcasses, parts of carcasses or meat products derived from food animals are produced, processed, packaged, labelled, handled, stored, distributed or sold; d) Inedible materials are processed, packaged, labelled, handled, stored; distributed or sold; or (d.1) Slaughtered carcasses are skinned or farm slaughtered carcasses and products are processed, handled, stored, packaged and labelled. ACCESSORY APARTMENT: a separate dwelling unit that is subsidiary to and contained within a single-detached, semi-detached, duplex, townhouse, back- to-back townhouse, or stacked townhouse dwelling unit. ACCESSORY BUILDING OR STRUCTURE: a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to the main use or building, and located on the same lot. ACCESSORY FARM EMPLOYEE ACCOMMODATION: buildings or structures on a farm that are designed to be used for the accommodation of employees of the farm on a temporary or permanent basis. ACCESSORY USE: a use naturally and normally incidental to, subordinate to or exclusively devoted to a main use and located on the same lot. ACCESS RAMP: a structure that is designed to provide access to a parking garage or a parking area by motor vehicles. ADULT ENTERTAINMENT PARLOUR: an establishment or part thereof in which there is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to, or designed to appeal to, erotic or sexual appetites or inclinations, which includes: a) Goods or services of which a principal feature or characteristic is the nudity or partial nudity of any person; and b) Goods or services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy", or any other word, picture, symbol or representation having like meaning or implication is used in any advertisement. In the context of adult entertainment uses, goods include books, magazines, pictures, slides, films, disks, phonograph records, pre-recorded magnetic tape and any other viewing or listening matter, clothing and accessories TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 17 ADULT ENTERTAINMENT USE: includes an adult entertainment parlour, adult specialty store and body rub parlour, whether any such use is a primary land use or an accessory use. ADULT SPECIALTY STORE: an establishment specializing in the sale or rental of goods or materials appealing to, or designed to appeal to, erotic or sexual appetites or inclinations, which includes, a) Goods or services of which a principal feature or characteristic is the nudity or partial nudity of any person; and b) Goods or services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy", or any other word, picture, symbol or representation having like meaning or implication is used in any advertisement. In the context of adult entertainment uses, goods may include, but are not limited to, books, magazines, pictures, slides, films, disks, phonograph records, pre- recorded magnetic tape and any other viewing or listening matter, clothing and accessories AGRICULTURAL USE: the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; beekeeping; agro-forestry; maple syrup production; equestrian uses; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities. An accessory farm employee accommodation may be permitted subject to a zoning by-law amendment, when the size and nature of the operation requires additional employment. AGRICULTURAL-RELATED USE: those farm-related commercial and farm- related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity and may include a brewery/winery/distillery as an accessory use. AGRI-TOURISM USES: farm-related tourism uses that promote the enjoyment, education or activities related to the farm operation such as farm machinery and equipment exhibitions (on a temporary basis), farm tours, petting zoos, hay rides and sleigh rides, processing demonstrations, pick-your-own produce establishments, small-scale farm theme playgrounds and small-scale educational establishments that focus on farming instruction, including day camps. Overnight camping, amusement parks and recreational uses are not permitted under this definition. AISLE: the area used by motor vehicles for access to and from all off-street parking spaces, but does not include an access driveway. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 18 AMENITY AREA: indoor or outdoor common areas used for recreational uses or social activities and which may include, but are not limited to patios and landscaped areas, balconies, decks, swimming pools, rooftop patios, and communal lounges. ANCILLARY USE: small scale supportive use to permitted uses that primarily serve the business function on employment lands. ANIMAL CLINIC: an establishment used by a veterinarian or group of veterinarians where animals are evaluated and/or treated for medical conditions and which may include the overnight care of animals (indoors) supervised by a licensed veterinarian. ANIMAL DAYCARE CENTRE: an establishment where the caring, grooming, or training of household pets occurs on a short-term basis (less than 12 hours within a 24-hour period) during daytime hours, but does not include a kennel or an animal clinic. APARTMENT BUILDING: a building containing four or more dwelling units that share access to the outdoors through a common vestibule and/or a common corridor system. A dwelling in any other type of building is not an apartment building. ART GALLERY: an establishment used for the preservation, exhibition and/or sale of paintings, sculptures, photographs or other works of art. ASPHALT PLANT: an establishment that produces and/or recycles asphalt or similar coated road stone and has equipment designed to heat and dry aggregate and to mix mineral aggregate with bitumen and/or tar, and includes: a) Facilities for the administration or management of the business; b) The stockpiling and storage of bulk materials used in the process or finished product(s) manufactured on the premises; and/or c) The storage and maintenance of equipment. BALCONY: a horizontal platform that is attached to a building above the first storey, may be partially enclosed with at least one face open to the movement of air and is only directly accessible from within the building. BANQUET HALL: an establishment used for catering to banquets, weddings, receptions or similar functions for which food and beverages may be prepared and/or served, but does not include a restaurant or a trade and convention centre. BARRIER-FREE: a building and its facilities, which can be approached, entered and used by persons with physical or sensory disabilities. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 19 BASEMENT: the portion of a building between the first floor and any floor below the level of the first floor. BAY, BOX OR BOW WINDOW: a window with a projection from the outer wall of a building, which may or may not be supported by a foundation wall. BED AND BREAKFAST ESTABLISHMENT: an establishment within a single detached dwelling that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is the principle residence of the proprietor of the establishment. BOARDING, LODGING OR ROOMING HOUSE: a building in which lodging is provided for more than four persons other than the lessee, tenant, or owner of said building in return for remuneration or for the provision of services or for both, and in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants, but does not include a hotel/motel, hospital, long term care facility or any other dwelling defined herein. BODY RUB: includes the kneading, manipulating, rubbing, massaging, touching or stimulating, by any means, of a person's body or thereof but does not include medical or therapeutic treatment giving by a person duly qualified, licensed or registered to do so under the laws of the Province of Ontario BODY RUB PARLOUR: an establishment where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where body rubs are performed for the purpose of medical or therapeutic treatment and are performed by persons duly qualified, licensed or registered to do so under the laws of the Province of Ontario. BREWERY/WINERY/DISTILLERY: an establishment where the main use is the manufacturing, processing and distribution of beer, spirits, cider or wine. Nanobreweries or the incidental brewing, distilling and making of wine or spirits in a restaurant are not considered a brewery/winery/distillery. BUILDING: a) a structure, temporary or permanent, consisting of a wall, roof and floor or any combination thereof, or a structural system serving the function thereof, including all plumbing, works, fixtures and service systems appurtenant thereto; or b) structures designated in the Ontario Building Code; or c) a tent as specified in the Ontario Building Code Act and Regulations. BULK STORAGE TANK: a tank or container for the bulk storage of petroleum, gasoline, diesel or other fuels, oil, gas, propane, or flammable liquid or fluid, but does not include a container for flammable liquid, gas or fluid legally and properly kept in a retail store or a tank for storage incidental to some other use of any premises where such tank or container is located. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 20 BUSINESS OFFICE: an establishment used by an agency, business or organization for the transaction of administrative, clerical or management business, the practice of a profession and/or the provision of government or social services and other similar services, but which does not include a medical office. CAMPGROUND: an establishment used for the parking of recreational vehicles or tents on a temporary or seasonal basis. CANOPY: a roof-like structure projecting from the exterior face of the building. CARPORT: a building or structure that is not wholly enclosed, is supported by the main building and is used for the parking or storage of one or more motor vehicles. CATERER'S ESTABLISHMENT: an establishment in which food and beverages are prepared for consumption off the premises. CEMETERY: a) Land that has been established as a cemetery under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, Chapter 33, a private Act or a predecessor of one of them that related to cemeteries, or b) Land that was recognized by the registrar as a cemetery under a predecessor of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, Chapter 33, that related to cemeteries, c) And includes, land that, in the prescribed circumstances, has been otherwise set aside for the interment of human remains, and d) A mausoleum or columbarium intended for the interment of human remains. CENTRE-LINE: a line drawn parallel to and an equal distance from the limits of the street or from the edges of the paved surface of a street. CHILD CARE CENTRE: an establishment providing temporary care or guidance for children as regulated in accordance with the Child Care and Early Years Act, as amended. COACH HOUSE: a separate, self-contained dwelling unit that is accessory to and located on the same lot as an associated principal dwelling unit, but is contained in its own building that may also contain uses accessory to the principal dwelling (such as a detached private garage), but does not include a garden suite. COMMERCIAL FITNESS CENTRE: an establishment where physical fitness and recreation equipment and/or instruction is provided for use by the general public for compensation. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 21 COMMERCIAL MOTOR VEHICLE: a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, buses and tractors used for hauling purposes. COMMERCIAL RECREATION USE: a privately owned sports or recreation establishment operated for use by private members and/or the general public for compensation and includes uses such as, but not limited to a swimming pool, tennis courts, squash courts, curling club, and volleyball courts, as well as a commercial fitness centre. COMMERCIAL SELF-STORAGE FACILITY: an establishment used for the temporary storage of items, which contains secured storage areas or lockers that are generally accessible by individual loading doors for each storage unit or locker. COMMUNITY CENTRE: a facility owned and operated by the Town or a non-profit community service group that provides social, recreational or other similar facilities for use by the general public. Examples of facilities include cultural facilities, libraries, and sports/fitness facilities (such as arenas, indoor swimming pools, gymnasiums, tennis courts, and playing fields). COMMUNITY GARDEN: an area of land, rooftop, or other space managed and maintained by individuals and/or non-profit organizations, to grow and harvest: a) food crops; and/or a) non-food, ornamental crops, such as flowers for personal or group use, consumption or donation. Community gardens may be divided into separate plots or may be farmed collectively and may include common areas maintained and used by community garden members. CONCRETE BATCHING PLANT: an establishment where concrete or concrete products used in building or construction is produced, and includes facilities for the: a) Administration or management of the business; b) Stockpiling of bulk materials used in the production process or of finished products manufactured on the premises; and/or c) Storage and maintenance of required equipment, but does not include the retail sale of finished concrete products. CONSERVATION USE: an area of land that is generally left in its natural state and which is used for any combination of preservation, protection, or improvement of components of the natural heritage system and which may include, as an accessory use, passive recreational uses (such as hiking trails and cross country ski trails), and buildings and structures (such as nature interpretation centres, outdoor education centres and public information centres). TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 22 CONTRACTOR YARD: a lot used by any general contractor or builder to offer a trade or service within a building or structure. Accessory uses may include the storage of equipment and materials or where a contractor and/or builder performs shop and assembly work, and/or offers a trade or service, which is not generally open to the public, and includes, but is not limited to, landscaping services, excavators, roofing, industrial electricians, general construction services, and welding services, or other similar services but does not include any other use as defined by this By-law. DAY CAMP: a facility that admits persons for a continuous period not exceeding 24 hours for recreation, educational or institutional purposes. DAYLIGHTING OR SIGHT TRIANGLE: an unobstructed triangular area on a corner lot as determined by measuring from the point of intersection of street lines, the distance required by the Town's Engineering Design Standards and Region of York requirements, whichever is greater, along each such street line and joining such points with a straight line. In the case of a corner lot with a daylighting triangle, the exterior side lot line is deemed to extend to its hypothetical point of intersection with the extension of the front lot line and/or rear lot line for the purposes of calculating the lot frontage, front, rear and exterior side yard setbacks, but at no point may a building or legal encroachment extend into the daylighting triangle. DECK: a structure without a roof that rests upon the ground or is supported by a foundation that extends from the ground, which may be intended for use as an outdoor amenity area and may include a pergola or canopy, but does not include a balcony, patio or porch. DENSE NON AQUEOUS PHASE LIQUID (DNAPL): chemicals that are both denser than water and do not dissolve readily in water. Because of these traits, DNAPLs tend to sink below the water table and only stop when they reach impenetrable bedrock. This makes them difficult to locate and clean up. DNAPLs of concern may include but are not limited to: 1, 4-Dioxane, Tetrachloroethylene/Perchloroethylene (PCE), Trichloroethylene (TCE), Vinyl Chloride (VC) and Polycyclic Aromatic Hydrocarbons (PAHs). DEVELOPMENT: the creation of a new lot, a change in land use, or the construction or enlargement of buildings or structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include, a) The construction of facilities for transportation, infrastructure or utilities by a public authority; d) Activities or works under the Drainage Act; or e) The carrying out of agricultural practices on land that was being used for agricultural uses on the date the By-law came into effect. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 23 DISTRICT ENERGY SYSTEM: a system of infrastructure providing thermal energy (heating and/or cooling) through a piped system, from a central plant, or network of plants to buildings for which such infrastructure is owned, operated and managed either by the Town or by the Town in partnership with private parties subject to the approval of Council. Such system may include electricity generation and distribution through the process of co-generation or combined heat and power (CHP). DRIVE-IN THEATRE: an outdoor place of public assembly intended for the screening and viewing of motion pictures, consisting of a larger outdoor movie screen, projection booth, concession stand and large parking area. DRIVE-THROUGH SERVICE FACILITY: the use of land, buildings or structures, or parts thereof including stacking lanes, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles. DRIVEWAY: a defined area providing access for motor vehicles from a street or a lane to a parking area, parking lot, loading space, private garage, carport, building or structure. DWELLING, BACK-TO-BACK TOWNHOUSE: a building containing four or more dwelling units divided vertically above grade by common walls, including a common rear wall without a rear yard and whereby each unit has an independent entrance to the unit from the outside accessed through the front yard or exterior side yard. A dwelling in any other type of building is not a back-to-back townhouse dwelling. This may also include an accessory apartment where permitted by the By-law. DWELLING, DUPLEX: a building that is divided horizontally into two dwelling units, each of which has an independent entrance either directly to the outside or through a common vestibule or a combination of both, as well as independent heating, cooling and electrical systems. A dwelling unit in any other type of building is not a duplex dwelling. This may also include an accessory apartment where permitted by the By-law. DWELLING, MULTIPLE: a building containing three or more dwelling units divided vertically and horizontally, or horizontally, each of which has an independent entrance either directly to the outside or through a common vestibule or a combination of both. A dwelling unit in any other type of building is not a multiple dwelling. DWELLING, SEMI-DETACHED: a building that is divided vertically into two dwelling units that share a common wall above or below grade. A dwelling unit in any other type of building is not a semi-detached dwelling. This may also include an accessory apartment where permitted by the By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 24 DWELLING, SINGLE-DETACHED: a building containing only one dwelling unit. This may also include an accessory apartment where permitted by the By-law. DWELLING, STACKED TOWNHOUSE: a building that is divided vertically and horizontally into four or more dwelling units, each of which has an independent entrance to the outside. A dwelling unit in any other type of building is not a stacked townhouse dwelling. This may also include an accessory apartment where permitted by the By-law. DWELLING, TOWNHOUSE: a building that is vertically divided into a minimum of three dwelling units, each of which has an independent entrance to the outside at the front, rear, and/or side of the building. A dwelling unit in any other type of building is not a townhouse dwelling. This may also include an accessory apartment where permitted by the By-law. DWELLING UNIT: one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants. DWELLING UNIT, ASSISTED LIVING: one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate sanitary facilities are provided for the exclusive use of the occupants. Separate kitchen facilities may or may not be provided for the exclusive use of the occupants. EQUESTRIAN USES: the use of land or buildings for the boarding of horses, the training of horses and riders and the staging of equestrian events. EQUIPMENT RENTAL ESTABLISHMENT: an establishment where residential, industrial and/or commercial equipment is kept for rental to the general public or contractors and includes, but is not limited to, such things as lawn and garden tools, floor cleaning equipment, masonry tools, painting and decorating equipment, moving tools, plumbing tools and power tools. ESTABLISHED GRADE: the average level of the proposed or finished level of the ground adjacent and parallel to the front wall of a building or structure, excluding grades artificially adjusted through the placement of retaining walls adjacent to the front wall. EXISTING USES, BUILDINGS AND STRUCTURES (applies to ORM zones only): the use of any land, building or structure for a purpose, if the land, building or structure was legally used for that purpose on November 15, 2001 and continues to be used for that purpose. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 25 FARM IMPLEMENT SALES AND SUPPLY ESTABLISHMENT: an establishment used for the purpose of the sale, maintenance, rental or repair of farm implements and related equipment, parts and supplies. An outdoor display and sales area is considered a permitted accessory use, subject to the provisions in Section 4.22. FARM PRODUCE OUTLET: a retail store accessory to an agricultural use where the products sold are produced or grown on the farm on the same lot or as part of the farm operation. FINANCIAL INSTITUTION: an establishment such as a bank, credit union, trust company or similar institution for monetary transactions, excluding other businesses that offer financing for financial products sold or purchased at that business. FIRST STOREY: the storey that has its floor level closest to established grade and its ceiling or underside of the roof more than 1.8 m above established grade. FLOOR AREA, GROSS: the aggregate of the areas of each floor of a building or structure above or below established grade, measured between the exterior faces of the exterior walls of the building or structure, or where there are common walls between uses or buildings or structures; measured to the centre- line of a common wall. FLOOR AREA, GROUND: the floor area of the first storey of a building approximately at or above the finished grade level excluding any basement, which area is measured between the exterior faces of the exterior wall at the floor level of such storey. FLOOR AREA, GROSS LEASABLE: the aggregate of the floor areas of a building containing a number of retail and similar uses that are leased to tenants for their exclusive use, above or below established grade. For the purposes of this definition, common areas and parking areas that are not designed nor leased for the exclusive use of a tenant are not included in the calculation of gross leasable floor area. FLOOR AREA, NET: the aggregate of the floor areas of a building above or below established grade, but excluding: a) Motor vehicle parking areas within the building; b) Stairways; c) Elevator shafts and other service and mechanical shafts; d) Service/mechanical rooms and penthouses; e) Washrooms; f) Waste/recycling rooms; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 26 g) Staff locker and lunch rooms; h) Bicycle lockers; i) Loading areas; j) Any space with a floor to ceiling height of less than 1.8 metres; and, k) Any part of a basement that is unfinished. FLOOR SPACE INDEX (FSI): the gross floor area of all buildings on a lot divided by the lot area. FOREST MANAGEMENT: the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities, a) For the production of wood and wood products, including maple syrup; b) To provide outdoor recreation opportunities; c) To maintain, and where possible improve or restore, conditions for wildlife, and d) To protect water supplies. FUNERAL HOME: an establishment used for the temporary placement of human remains which may include a funeral parlour, undertaking establishment, funeral establishment, or similar use used for furnishing funeral supplies and services to the public and may include facilities intended for the care and preparation of the human body for internment or cremation and facilities for the coordination of rites and ceremonies with respect to interment or cremation. GARAGE, PRIVATE: an enclosed building that is detached or part of the main building, and is designed and/or used primarily for the storage of one or more motor vehicles. GARDEN CENTRE: an establishment used primarily for the display and sales of plants, gardening and landscaping supplies and equipment. An outdoor display and sales area is considered a permitted accessory use, subject to the provisions in Section 4.22. GARDEN SUITE: a detached residential structure containing bathroom and kitchen facilities that is accessory to an existing residential structure and that is designed to be temporary. GOLF COURSE: an area of land laid out for the purpose of playing golf with a series of holes and may include, as an accessory use, a golf driving range, a miniature golf course, a club house, a banquet hall, a commercial fitness centre, a retail store selling golf equipment and accessories, and other buildings and structures devoted to the maintenance and operation of the golf course. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 27 GOLF COURSE, MINIATURE: an area operated for the playing of miniature golf on a course constructed for that purpose and includes accessory structures devoted to the maintenance, administration and operation of the facility. GOLF DRIVING RANGE: an area operated for the purpose of the practice of golf by the hitting of golf balls on a large open area. This may include accessory uses including a practice putting/chipping area, sales of golf equipment and accessories and refreshment shop. GREENHOUSE: a building used for the growing of flowers, fruits, vegetables, plants, shrubs, trees and other similar agricultural products, under glass, fiberglass or plastic, that are used as inputs on the farm or may be sold either on-site or off- site and does not include a medical marihuana production facility. GROUP HOME: residential accommodation in a single detached dwelling for up to 10 people (exclusive of staff) with special needs beyond economic requirements, including physical, social and mental needs, which require support functions for daily living. HEIGHT: with reference to a building or structure, the vertical distance measured from the established grade of such building or structure to: a) The highest point of the roof surface or the parapet, whichever is the greater, of a flat roof. Any roof having a flat portion that is greater than 15% of the total roof area is deemed to be a flat roof; b) The deckline of a mansard roof; c) The mean level between eaves and the highest ridge of a gabled, hip or gambrel roof or any other type of pitched roof; d) In case of a structure with no roof, the highest point of the said structure. Notwithstanding the above, the following is not to be included in the calculation of height for the purposes of this definition: any ornamental features including towers, steeples, cupolas, ornamental domes and other roof structures which are used only as an ornament and all stairways, solar panels and all heating, ventilation and air conditioning equipment (HVAC) that is not enclosed with walls. HOME BUSINESS: an occupation that, a) Involves providing personal or professional services or producing custom or artisanal products, and b) Is carried on as a small-scale accessory use within a dwelling unit or, where permitted, a structure accessory to the dwelling unit. HOME CHILD CARE: the caring of children as an accessory use in a dwelling unit as regulated by the Child Care and Early Years Act, as amended and which is not a child care centre. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 28 HOSPITAL: a facility established for the purpose of the treatment of persons, and that is approved and regulated as a hospital under The Public Hospitals Act, R.S.O. 1990, Chapter P40, as amended, or any successor legislation. HOTEL / MOTEL: an establishment containing lodging rooms for the travelling public and may include accessory meeting facilities, recreation facilities, a restaurant, public hall, and retail stores which are incidental and subordinate to the primary lodging function and located in the same building. IMPERVIOUS SURFACE: a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot. INDUSTRIAL MALL: a building or group of buildings held in single ownership or by participants in a condominium corporation or cooperative and divided into more than one unit for separate occupancy by different industrial uses and ancillary uses for which common loading and parking facilities and other common services may or may not be provided. INDUSTRIAL USE: an establishment used for the indoor warehousing of goods and materials, the assembly of manufactured goods, the manufacturing of goods, the repair and servicing of goods, data processing, and similar uses, research laboratories, and printing establishments, but does not include uses such as, a motor vehicle repair garage, a motor vehicle body shop or a motor vehicle gas bar. INFRASTRUCTURE: physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septic treatment systems, stormwater management systems, waste management systems, electricity generation facilities, electricity transmission and distribution systems, renewable energy systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities, and may include a district energy system. KENNEL: an establishment where household pets are boarded overnight (7:00 pm to 7:00 am), trained, bred or cared for in return for remuneration or kept for the purposes of sale, and may include the operation of an animal daycare centre, but does not include an animal clinic. LANDING: a raised platform that forms part of a set of stairs or a slab on grade and provides access to a principal building, but does not include a deck. A landing shall be permitted to a maximum width of 120% of the width of the stairs. LANE: a right of way, which may be public or private, that is not intended for general traffic circulation and which provides motor vehicle access to an abutting property, but does not include an aisle. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 29 LIBRARY: a community facility used for the collection of printed, digital and audio- visual material for public use for the purposes of study, reference, and recreation, and which may include space for community use, activity areas, cafeteria, and space for recreational uses. LOADING SPACE: an unobstructed area of land that is used for temporary parking while merchandise or materials are being loaded or unloaded from such motor vehicle. LODGING ROOM: a room provided for rent or hire, which is used or designed to be used for temporary sleeping accommodation. LONG TERM CARE FACILITY: a facility consisting of assisted living dwelling units, where a broad range of personal care, support and health services are provided for elderly, disabled or chronically ill occupants in a supervised setting as regulated by Provincial legislation, and may include one or more accessory uses, such as common dining, lounging, kitchen, recreational or medical offices, but does not include a retirement home. LOT: a parcel of land that is registered as a legally conveyable parcel of land in the Land Titles Registry Office. LOT AREA: the total horizontal area within the lot lines of a lot. In the case of a corner lot having street lines rounding at one or more corners with a radius of 6.0 metres or less, the lot area of such lot is to be calculated as if the lot lines were projected to intersection points of these lines. In the case of a corner lot with a daylighting triangle, the daylighting triangle is excluded from these lot area calculations. LOT, CORNER: a lot at the intersection of two or more streets or a 0.3 metre reserve abutting said street(s), or upon two parts of the same street with such street or streets containing an angle of less than or equal to 135 degrees. LOT COVERAGE: the total horizontal area of a lot covered by the first storey of all roofed buildings and structures on the lot, but not including unenclosed swimming pools, decks or porches. LOT DEPTH: the horizontal distance between the mid-point of the front lot line and the mid-point of the rear lot line. LOT FRONTAGE: the horizontal distance between two interior side lot lines or between an interior side and exterior side lot line or between two exterior side lot lines with such distance being measured perpendicularly to the line joining the mid-point of the front lot line with the mid-point of the rear lot line at a point on that line that is 7.5 metres from the front lot line. In the case of a lot with no rear lot line, the point where two side lot lines intersect is deemed to be the point from which a line is drawn to the mid-point of the front TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 30 lot line. In the case of a corner lot with a daylighting triangle, the exterior side lot line is deemed to extend to its hypothetical point of intersection with the extension of the front lot line for the purposes of calculating lot frontage. LOT, INTERIOR: a lot situated between adjacent lots and having access to one street. LOT LINE: a line delineating any boundary of a lot. LOT LINE, EXTERIOR SIDE: the lot line of a corner lot, other than the front lot line, which divides the lot from a street or a 0.3 metre reserve abutting said street. LOT LINE, FRONT: the lot line that divides the lot from the street or a 0.3 metre reserve abutting said street(s).In the case of a corner lot, the shorter lot line that abuts a street is deemed to be the front lot line and the longer lot line that abuts a street is deemed to be an exterior side lot line. In the case of a through lot, only one lot line shall be considered the front lot line. In the case of a through lot or a corner lot with street lines of equal length, the Town may designate the front lot line. LOT LINE, INTERIOR SIDE: a lot line, other than a rear lot line that does not abut a street. LOT LINE, REAR: the lot line opposite to, and most distant from the front lot line. For the purpose of this definition, a point where 2 interior side or 2 exterior side or 1 exterior side and 1 interior side lot lines intersect shall be deemed as a rear lot line. LOT, THROUGH: a lot that is not a corner lot but has frontage on more than one streets or a 0.3 metre reserve abutting said street(s). LOW INTENSITY ACCESSORY USES: includes, but not limited to, trails, boardwalks, footbridges, fences, docks and picnic facilities. LOW INTENSITY USES: recreational uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including, but not limited to, the following: a) Non-motorized trail uses; b) Natural Heritage appreciation; c) Unserviced camping on public and institutional land; d) Accessory uses. LSRCA: Lake Simcoe Region Conservation Authority. MAIN BUILDING: the building from which the main use of a lot is conducted. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 31 MAIN FACE: the exterior front wall of the first storey of a building as measured by the average setback of the building or porch from the front lot line, exclusive of an attached private garage. MAIN USE: the principal use of the lot. MAIN WALL: the exterior front, side and/or rear wall of a building and all structural components essential to the support of a fully enclosed space. MARINA: an establishment where a boat house, boat storage, boat repair facility, boat rental, pier, dock, or jetty facility or any combination of the foregoing are available for all types of marine pleasure craft and may include a gasoline pump for the fueling of marine craft and a building or structure for the sale of marine craft, accessories, and/or refreshments. MECHANICAL PENTHOUSE: a room or enclosure on the roof of a building exclusively used for mechanical equipment, a stair or elevator tower, elevator equipment, or any combination thereof. MEDICAL MARIHUANA PRODUCTION FACILITY: a building used for growing, producing, packaging, testing, destroying, storing or distribution of medical marihuana or cannabis authorized by a license under the Marihuana for Medical Purposes Regulations, SOR/2013-119, under the Controlled Drugs and Substances Act, SC 1996, c 19, as amended. MEDICAL OFFICE: an establishment used for the medical, dental, surgical and/or therapeutic treatment of human beings including clinics operated by a number and/or variety of medical professionals, but does not include a hospital. MINERAL AGGREGATE: gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under that Act. MINERAL AGGREGATE OPERATION: means, a) An operation, other than a wayside pit, conducted under a licence or permit under the Aggregate Resources Act; and b) Associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related by-products. MOBILE HOME: a dwelling unit designed to be mobile and constructed or manufactured to provide a permanent residence for one or more persons in accordance with the applicable Canadian Standards Association standard. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 32 MODEL HOME: a building which is used on a temporary basis as a sales office or as an example of the type of dwelling that is for sale in a related development and which is not occupied or used as a residential dwelling prior to the date of registration of the subdivision, condominium, or similar development agreement. MOTOR VEHICLE: an automobile, a motorcycle, a motor-assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power- assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, or a road-building machine, as defined in the Highway Traffic Act. MOTOR VEHICLE BODY SHOP: an establishment used for the painting and/or repairing of the exterior and/or the undercarriage of motor vehicle bodies. MOTOR VEHICLE GAS BAR: an establishment used for the sale of motor vehicle fuels and motor vehicle accessories, and may also include accessory retail sales of convenience foods and beverages, car washes, propane filling station, but does not include a motor vehicle repair garage. MOTOR VEHICLE REPAIR GARAGE: an establishment where services are performed on motor vehicles for compensation and may include the installation of exhaust systems, repair of the electrical systems, transmission repair, brake repair, radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs, oil changes or similar use. MOTOR VEHICLE SALES / RENTAL ESTABLISHMENT: an establishment where new and/or used motor vehicles are kept for sale, lease or rent and may include a motor vehicle repair garage as accessory thereto. Outdoor display and sales area is considered a permitted accessory use. MOTOR VEHICLE WASHING ESTABLISHMENT: an establishment in which the mechanical or hand washing of motor vehicles is carried out. MUSEUM: an establishment used for the preservation of a collection of paintings and/or other works of art and/or objects of natural history and/or mechanical scientific and/or philosophical inventions, instruments, models and/or designs and which may also include libraries, reading rooms, laboratories and accessory offices. NANOBREWERY: a building or part thereof used for the small-scale production of beer, wine, cider, and/or spirits in conjunction with and ancillary to a restaurant. NET DEVELOPABLE AREA: the area of a site, less any area that is within a key natural heritage feature or hydrologically sensitive feature. NOISE BARRIER: a structure designed to minimize the impact of noise pollution on inhabitants of the adjacent lot. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 33 NON-COMPLYING: a building, structure or lot that does not comply with this By-law. NON-CONFORMING: a use that is not a permitted use in the zone in which the said use is situated in accordance with this By-law. NURSERY: land, buildings or structures used for the purpose of growing plants, bushes, trees, and other vegetation for commercial purposes, which may be sold either on-site or off-site and may include a greenhouse. An outdoor display and sales area is considered a permitted accessory use, subject to the provisions in Section 4.22. OAK RIDGES MORAINE: the designated area on Schedule "A", Zoning Maps, to this By-law. ON-FARM DIVERSIFIED USE: uses that are secondary to the principal agricultural uses of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home businesses, agri-tourism uses, and uses that produce value-added agricultural products. ORGANIC SOLVENT: a substance, usually a liquid, capable of dissolving another liquid. Organic solvents include, but are not limited to carbon tetrachloride, chloroform, methylene chloride (dichloromethane) and pentachlorophenol. OUTDOOR DISPLAY AND SALES AREA: an outdoor open space area, used in conjunction with and ancillary to a business within the main building on the same lot, for the accessory display and/or sale of produce, merchandise in association with the main use of the lot or supply of services, but does not include a motor vehicle sales / rental establishment. Such a display and/or sales area may be wholly or partially contained within a temporary structure. OUTDOOR STORAGE: an area of land used for the outdoor storage of goods and materials in the open air or in portable objects, such as shipping containers, in association with the main use of lot and does not include an outdoor display and sales area or an outdoor storage use. OUTDOOR STORAGE USE: an establishment where outdoor storage forms the main use of a lot, but does not include a contractor yard or equipment rental establishment as defined by this By-law. PARK, PRIVATE: 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 recreational uses. PARK, PUBLIC: any area of land under the jurisdiction of a public authority that is designed and/or maintained for recreational purposes. Without limiting the generality of the foregoing, a park may include municipal parks and playgrounds, TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 34 trails, swimming pools, trails, tennis courts, bowling greens, arenas, boating facilities and sports fields and ancillary retail uses. PARKING AREA: an open area of land not located within a public road or lane that is intended for the use of parking of motor vehicles in marked parking spaces, but does not include a driveway or any area where motor vehicles for sale, rent or repair are kept or stored. PARKING GARAGE: a building, or part thereof, intended to be used for the parking of motor vehicles. PARKING LOT: an area of land used for the parking of motor vehicles. PARKING SPACE: an unobstructed space for the parking of a motor vehicle. PARKING SPACE, TANDEM: a parking space that is located behind another parking space and which, if used, prevents the other space from being accessed by a motor vehicle. PARTIAL SERVICE: connections linking a building to, a) a communal sewage or water service or a full municipal sewage or water service, and b) an individual on-site sewage or water system. PATIO: a structure with or without a roof not more than 0.3 metres above the lowest adjacent ground level to the finished top elevation of the patio. Vertical enclosure of the patio area is permitted up to 50 percent of the perimeter of the patio, excluding the main wall of the building. PIT: an opening or excavation in or working of the ground for the purpose of searching for or removal of mineral, soil, rock, quartz, limestone, earth, clay, sand or gravel, and any smelting furnace, mill, work or place, used for or in connection with crushing, reducing, smelting, refining, or treating any of the substances listed in this definition and all ways, works, plant, buildings and premises either below or above the ground and belonging to or used in connection with any activities listed in this definition, and also includes a quarry. PLACE OF AMUSEMENT: an establishment that contains facilities that offer games for the amusement of the public, such as a bowling alley, motion simulation rides, virtual reality games, video games, computer games, laser games and similar types of uses, and bingo halls but does not include casinos or any other establishment accommodating gambling or gaming activities, wagering or betting, video lottery or gaming machines or any other gambling use. PLACE OF WORSHIP: a facility used for the practice of religion and faith-based spiritual purposes wherein people assemble for religious worship, faith-based TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 35 teaching, fellowship and community social outreach, but does not include a private school. PLANTING STRIP: an area of land that is used exclusively for landscaping and can be crossed by driveways and walkways accessing a lot from the street. POOL, SWIMMING: any artificially enclosed body of water, including a hot tub, not less than 0.4 m deep, that is intended for recreational or competitive swimming, diving, or other bathing activities, but does not include a farm pond. PORCH: a structure with a roof and at least one side that is open and unenclosed that may be accessed by stairs from grade. PORTABLE ASPHALT PLANT: a temporary building or structure, to be dismantled at the completion of a construction project, where, a) Equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and b) Bulk materials used in the process described in clause (a) are kept. PORTABLE CONCRETE PLANT: a temporary building or structure to be dismantled at the completion of a construction project, where: a) With equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and, b) Which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project. PRIVATE CLUB: an establishment used as a meeting place for community, social or cultural purposes, but is not a place of worship. PUBLIC AUTHORITY: any commission, board, or authority or any quasi-public body that is controlled by the Federal and/or Provincial governments and/or any commission, board, or authority or any quasi-public body that is controlled by the Region of York and/or Town of East Gwillimbury, provided it is owned or operated by or for, or under the authority of, the Region of York or the Town of East Gwillimbury. PUBLIC USE: any use of land, buildings or structures by or on behalf of a public authority. RAPID INFILTRATION BASIN: a basin or system of basins at or below surface grade that is constructed on porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 36 RAPID INFILTRATION COLUMN: a column or system of columns at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. RECONSTRUCTION: a) The rebuilding or replacement of more than 50 percent of an existing building or structure above the footings or foundation walls; b) The rebuilding or repair of an existing building or structure that has suffered damage by any cause whatsoever to at least 50 percent of the building or structure, to the extent that such damage has rendered that portion unusable or unsafe; or c) Making structural alterations or changes to more than 50 percent of an existing building or structure. RECREATIONAL VEHICLE: a) a motor vehicle that is primarily designed to provide temporary living quarters for recreational camping, travel or seasonal use, whether it has its own motor power or is mounted on or towed by another vehicle, and includes motorized homes, travel trailers, fifth wheel travel trailers, tent trailers and campers whether or not the camper is or is not attached to a truck or other motor vehicle and does not include a mobile home or a manufactured home; and/or, b) Personal watercraft, snowmobiles, all-terrain vehicles and other similar vehicles used for recreational purposes. REGION: the Regional Municipality of York. RENEWABLE ENERGY SYSTEM: The production of electrical power from an energy source that is renewed by natural processes including, but not limited to, wind, water, a biomass resource or product, solar and geothermal energy, or as more specifically defined by the Green Energy Act. REPAIR OR SERVICE SHOP: an establishment used for the servicing or repair of, but not limited to, radio and television receivers, vacuum cleaners, refrigerators, washing machines, sewing machines, and other domestic appliances; musical instruments, sound and public address systems, hosiery, shoes, cameras, toys, jewelry, watches, clocks, safes and locks, bicycles, wheel chairs and orthopedic appliances, as well as accessory retail. RESERVE: a strip of land abutting a street and owned by a public authority having jurisdiction over such street. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 37 RESTAURANT: an establishment in which the main use is the preparation and serving of food and beverages to the public for consumption within or outside the building and which may include the preparation of food in a ready-to-consume state for consumption off the premises. RETAIL, ACCESSORY: an area of manufacturing or warehousing use which is devoted to the sale of goods to the general public which are either manufactured or warehoused on the site, provided that such area be no greater than 20 percent of the gross floor area of the building or unit in which the manufacturing use or warehouse is located. RETAIL STORE: an establishment in which goods, wares, merchandise, substances, articles or things are displayed, rented or sold directly to the public but does not include adult specialty store or any use otherwise defined by this By-law. RETIREMENT HOME: a building in which, a) Common kitchen and dining facilities are provided for the residents; and, b) Common lounges, recreation rooms and health care facilities and services may also be provided for the residents; or c) Accommodation may be provided through assisted living dwelling units. SALVAGE YARD: an area outside of an enclosed building where scrap metal and motor vehicles are disassembled and dismantled, or where motor vehicles in an inoperable condition or used motor vehicle parts are stored or re-sold. SCHOOL PORTABLE: a temporary building or structure designed to serve as a classroom on a lot that is also the site of a public school. SCHOOL, POST-SECONDARY: a university or college of applied arts and technology, and may include a dormitory, restaurant, financial institution, and service commercial establishment as accessory uses. SCHOOL, COMMERCIAL: an establishment where instruction, training, or certification in a specific trade, service, or skill is provided, including, but not limited to, a dance studio, an art school, a business or trade school and any other specialized school. SCHOOL, PRIVATE: a building or part of a building, which may also include ancillary outdoor areas, used as an academic school. For the purposes of this definition, school portables are only permitted on the same lot as the main building used for the private school. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 38 SCHOOL, PUBLIC: a building or part of a building, which may also include ancillary outdoor areas, used as an academic school under the jurisdiction of a Provincially approved educational institution. For the purposes of this definition, school portables are only permitted on the same lot as the main building used for the public school. SERVICE COMMERCIAL USE: an establishment providing services related to the grooming and non-medical care of persons (such as, but not limited to, a barber or salon), or the maintenance of a residence or business (such as, but not limited to, private mail box, photocopying, or custodial services). SETBACK: the distance between a lot line and the nearest point of any building or structure for which a setback is required. For a corner lot with a daylighting triangle, the exterior side lot line is deemed to extend to its hypothetical point of intersection with the extension of the front lot line and/or rear lot line for the purposes of calculating the front, rear and exterior side yard setbacks, but at no point may a building or legal encroachment extend into the daylighting triangle. SHORT TERM RENTAL ACCOMMODATION: a dwelling unit or structure of any part thereof that operates or offers a place of temporary residence, lodging or occupancy by way of concession, permit, lease, license, rental agreement or similar commercial arrangement for any period less than thirty (30) consecutive calendar days, throughout all or any part of a calendar year. Short term rental accommodation shall not mean or include a hotel/motel, bed and breakfast establishment, tourist cabin or cottage, hospital, commercial resort unit or similar commercial or institutional use. SIGNIFICANT THREAT AREA '1': the geographic location of the 100 metre pathogen zone within a wellhead protection area with a Vulnerability Score of 10 as identified in the Source Protection Plan for the purposes of describing a vulnerable area. SIGNIFICANT THREAT AREA '2': the geographic location of the area containing portions of a wellhead protection area with a Vulnerability Score of 10 as identified in the Source Protection Plan for the purposes of describing a vulnerable area. SIGNIFICANT THREAT AREA '3': the geographic location of the area containing portions of a wellhead protection area with a Vulnerability Score of 8 as identified in the Source Protection Plan for the purposes of describing a vulnerable area. SIGNIFICANT THREAT AREA '4': the geographic location of the area around a wellhead described as Wellhead Protection Area C (WHPA-C) as identified in the Source Protection Plan for the purposes of describing a vulnerable area. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 39 SITE ALTERATION: activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include, a) The construction of facilities for transportation, infrastructure and utilities by a public authority, or b) Activities or works under the Drainage Act; or c) The carrying out of agricultural practices on land that was being used for agricultural uses on the date the By-law came into effect. SITE RESTORATION: the treatment of land from which aggregate has been excavated so that the use or condition of the land is restored to its former use or condition. STACKING LANE: a continuous on-site queuing lane that includes stacking spaces for motor vehicles that is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. STACKING SPACE: a rectangular space that may be provided in succession and is designed to be used for the temporary queuing of a motor vehicle in a stacking lane. STOREY: a level of a building, other than a basement, located between any floor and the floor, ceiling or roof immediately above it. STORMWATER MANAGEMENT FACILITY: an end-of-pipe, managed detention or retention basin, which may include a permanent pool, designed to temporarily store and treat collected stormwater runoff and release it at a controlled rate or direct it for an intended reuse. STREET: a public thoroughfare available for use by vehicular and pedestrian traffic which is assumed or dedicated by/under the jurisdiction of the Town of East Gwillimbury, Region of York or Province of Ontario, but does not include an unopened road allowance. A private road in a registered plan of condominium is also a street for the purposes of this By-law, but does not include a lane. STREET LINE: the boundary between a street and a lot. STRUCTURE: anything that is erected, built or constructed of parts joined together and attached or fixed permanently to the ground or any other structure. For the purpose of this By-law, a fence, a light standard, transformers, an antenna and a sign are deemed to not be structures. For the purpose of setback calculations, natural gas or electricity meters, dog houses, freestanding mail boxes, driveway entrance pillars, statues, storage lockers under 1m high, pool pumps and filters not inside accessory buildings, flag poles, free standing trellises, shopping cart enclosures, waste receptacles, school bus shelters, composters, planters, and barbeques are not considered structures for the determination of setbacks. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 40 TEMPORARY FARMERS MARKET: an area of outdoor food stands using temporary structures to sell food products to the public. TEMPORARY STRUCTURE: a structure that is not attached to or fixed permanently to the ground or any other structure and is only permitted for up to a maximum of 30 days per calendar year. For the purpose of this By-law items such as, storage containers, storage bins for refuse and temporary tents (less than 60 metres in area) may be considered temporary structures. THEATRE: a place of public assembly intended for the production and viewing of the performing arts or the screening and viewing of motion pictures, and consisting of an auditorium with permanently fixed seats intended solely for a viewing audience. TOWN: the Corporation of the Town of East Gwillimbury, and includes its Council and any tribunal, licensing officer or employee of the Town responsible for, or whose duties include, the administration or enforcement of this By-law, or the exercise of any duty or power to which this By-law relates. TRADE AND CONVENTION CENTRE: an establishment where facilities are provided for the displaying of goods and/or services for the general public, such as an auto show or a computer trade show, or where groups of people meet for civic, educational, political, religious or social purposes, but is not a place of worship. TRANSPORT TERMINAL: an establishment used for the purpose of storing, servicing, washing, repairing or loading of trucks or transport trucks with materials or goods that are not manufactured, assembled or processed on the same lot and may include a warehouse. TRANSPORT TRUCK: a motor vehicle having attached thereto a delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes. TRUCK REFUELING STATION: an establishment used only for the sale of motor vehicle fuels for transport trucks and motor vehicle accessories, and may also include accessory retail sales of convenience foods and beverages, but does not include a motor vehicle repair garage. TRUCK RENTAL OR STORAGE FACILITY: an establishment where trucks or transport trucks are rented, leased, kept for hire, or stored or parked for remuneration, or from which trucks or transport trucks, stored or parked on the property, are dispatched for hire as common carriers, and which may include a warehouse. USE: the purpose for which any land, building or structure is arranged, designed, intended, operated, occupied or maintained. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 41 USE, DRY: those uses that do not use water for processing, cooling or washing and do not generate more than 4,500 litres per day of employee waste. UTILITY(IES): An essential public service, such as electricity, gas, or communications/ telecommunications networks that is provided by a regulated company or government agency. WAREHOUSE: a building or part thereof, which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuff substances and articles, but does not include a transport terminal, commercial self-storage facility or a fuel storage tank. WASTE: a material licensed or included within an Environmental Compliance Approval issued by Federal, Provincial, or Regional Governments which is not hazardous and not needed by the generator of that material, that is destined for either final disposal or for reprocessing to create a usable product or material, but does not include a by-product of a manufacturing process that is used unaltered in another manufacturing process. WASTE, HAZARDOUS: any substance or material licensed or included within an Environmental Compliance Approval issued by Federal, Provincial, or Regional Governments that, by reason of its toxic, caustic, corrosive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. WASTE PROCESSING STATION: a facility within an enclosed building whose primary purpose is the sorting and processing of waste to create a new product or raw material on site. WASTE TRANSFER STATION: a facility within an enclosed building whose primary purpose is the collection and storage of waste or hazardous waste for shipment, and which may include limited sorting or preparation of that waste to facilitate its shipment for final disposal or to a waste processing station, but does not include salvage yards or scrap metal yards. WAYSIDE PIT: a temporary pit opened or used by or for a public authority solely for the purpose of a particular project of road construction and not located on the road right of way. WELLHEAD PROTECTION AREA: the surface and subsurface area surrounding a water well or well field that supplies a municipal water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field. WHOLESALE ESTABLISHMENT: a building or structure used for the sale and distribution of goods or materials for resale purposes only and may include a warehouse. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 42 WORSHIP AREA: means the net floor areas within the walls of sanctuary(s), hall(s) or meeting room(s) that a religious group uses for the practice of its religious rites, including any balcony or other area that, by the removal or opening of any walls or partitions, can expand the area of the sanctuary, hall or meeting room(s), and any choir or musicians area. Net floor areas intended solely for the use of the worship group leader, such as altar or pulpit areas are not included in the worship area. WORSHIP AREA CAPACITY: means the number of persons for whom the worship area(s) is designed, and is determined by adding the total of (i) and (ii) below: (i) Where there are fixed seats in the worship area(s): The number of fixed seats in the worship area(s), (where fixed seating is provided in the form of open benches each 0.5 metres bench width shall be considered as one seat); and (ii) Where there are no fixed seats in the worship area(s): The number of square metres of worship area floor area(s) divided by 0.75. YARD: an open, uncovered space on a lot pertaining to a building and unoccupied by buildings or structures except as specifically permitted in this By- law. YARD, EXTERIOR SIDE: the yard of a corner lot extending from the front yard to the rear yard between the exterior side lot line and the nearest main walls of the main building or structure on the lot. YARD, FRONT: a yard extending across the full width of the lot between the front lot line and the nearest main walls of the main building or structure on the lot. YARD, INTERIOR SIDE: a yard other than an exterior side yard that extends from the front yard to the rear yard between the interior side lot line and the nearest main walls of the main building or structure on the lot. YARD, MAXIMUM: the maximum distance of a yard from a lot line. In calculating the maximum yard, the minimum horizontal distance from the respective lot line is to be used. YARD, MINIMUM: the minimum distance of a yard required from a lot line. In calculating minimum yards, the minimum horizontal distance from the respective lot lines is to be used. YARD, REAR: a yard extending across the full width of the lot between the rear lot line and the nearest main walls of the main building or structure on the lot. ZONE: a designated area of land use shown on the Schedules of this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 43 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 44 Part 4.0 - General Provisions 4.1 Accessory Apartments Where permitted in a single detached, semi-detached or townhouse dwelling, a maximum of one accessory apartment is permitted per dwelling unit provided that: a) Notwithstanding any provision to the contrary, no more than one entrance is permitted into the front yard, including below grade walkouts. b) An accessory apartment is not permitted on a lot where there is a garden suite or coach house also situated; and, c) Notwithstanding the above, an accessory apartment is not permitted in the Environmental Protection (EP), Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Core Linkage (ORMCL), or the Oak Ridges Moraine Countryside (ORMCS) Zones. 4.2 Accessory Uses, Buildings and Structures 4.2.1 Accessory Uses Unless otherwise specified, accessory uses are permitted in all zones. 4.2.2 Accessory Buildings and Structures Unless otherwise specified, accessory buildings and structures are permitted in all zones. All accessory buildings and structures are subject to the following provisions: a) No accessory building or structure can be erected on a lot prior to the erection of the main building on the lot. b) No accessory building or structure can be used for human habitation or as a home business, unless expressly permitted by this By-law. c) Coach houses are regulated by Section 4.2.3, and not this Section. d) No accessory building or structure or part thereof can be located: i) Within an easement; ii) Any closer to the front or exterior side lot line than the main building, except on any lot in a Rural (RU), Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Core Linkage (ORMCL) or Oak Ridges Moraine Countryside (ORMCS) Zone that is 0.4 hectares or greater in size; iii) Within any daylighting or sight triangle; iv) Within the minimum front and exterior side yards; or TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 45 v) Within 1.0 metre from any building or structure on the lot or as permitted by the Ontario Building Code. e) Accessory buildings and structures must be located no closer than 1.0 metre from the rear lot line and interior side lot line. f) The maximum height of accessory buildings or structures in all zones except the Rural (RU), Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Core Linkage (ORMCL) or Oak Ridges Moraine Countryside (ORMCS) Zones is 4.5 metres. g) The maximum height of accessory buildings or structures in a Rural (RU), Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Core Linkage (ORMCL) or Oak Ridges Moraine Countryside (ORMCS) Zones is 11.0 metres. h) The maximum lot coverage of all accessory building and structures (including a detached private garage) on a lot is 10 percent and is included as part of the total lot coverage permitted in the zone. Notwithstanding the above, the total maximum ground floor area of all detached private garages on a lot shall not exceed 120 square metres. i) A structure is not considered an accessory structure if attached to the main building in any way. For the purposes of this Section, where a breezeway connects a private garage to the main building on the lot, forming part of the main building, the following criteria must be met: a. The breezeway is structurally connected to both buildings; b. The breezeway is a roofed structure with more than 60% of the total perimeter of the breezeway enclosed by walls, doors or windows; c. The breezeway is at least 1.8 metres in width to a maximum of 2.5 metres in width, and no more than 9 metres in length. j) No more than three detached accessory buildings or structures are permitted on a lot in any Residential Zone, unless otherwise permitted by this By-law. k) A boathouse, dock or wharf may be located in a yard adjoining a body of water provided that the approval of any other governmental authority having jurisdiction has been obtained and provided that the boathouse, dock or wharf is located no closer than 3.0 metres to the interior or exterior side lot line and will not encroach into the area underwater that would be in front of an abutting lot when the lot lines are extended into the waterbody. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 46 4.2.3 Coach Houses Where permitted, coach houses are subject to the following provisions: a) The living area of a coach house is located entirely on the second storey above a detached private garage on a townhouse dwelling lot with rear lane access. b) Coach houses must be located no closer than 1.0 metre from the rear lot line and interior side lot line. c) The maximum height of coach houses in all zones is 7 metres. d) The lot must be serviced by municipal water and wastewater. 4.3 Accessory Farm Employee Accommodation An accessory farm employee accommodation may be permitted subject to a zoning by-law amendment, when the size and nature of the operation requires additional employment. Where permitted by this By-law, accessory farm employee accommodation shall be subject to the following provisions: a) Minimum lot area - 20 hectares; b) Access to the accessory farm employee accommodation shall be provided by way of the same driveway and entrance-way as the dwelling unit in the main building. c) The accessory farm employee accommodation shall be located within 100 metres of the dwelling unit in the main building; and, d) The accessory farm employee accommodation is located on a lot that is the site of a commercial farm. 4.4 Adult Entertainment Uses Where permitted by this By-law, adult entertainment parlours, body rub parlours, or adult specialty stores are subject to the following provisions: a) The minimum distance between any adult entertainment parlour or body rub parlour and: i) A provincial highway, major arterial, or collector road right-of-way, as identified in the Town's Official Plan is 100 metres; and, ii) Any Institutional or Residential Zone boundary, a dwelling unit in any zone or a school is 200 metres. b) The minimum distance between any adult entertainment parlour or body rub parlour and another adult entertainment parlour or body rub parlour is 500 metres. c) Adult entertainment parlours are only permitted on an interior lot. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 47 d) An adult entertainment parlour must be located within a free- standing, single storey building and must be the sole use on a lot. e) A body rub parlour or adult specialty store shall be located in a multi-occupancy building and shall occupy no more than 15 percent of the total gross floor area of the building or 150 square metres, whichever is less. f) Accessory uses are not permitted in conjunction with any adult entertainment parlour. g) Notwithstanding any other provision in this By-law, in no case shall an adult entertainment parlour or a body rub parlour be considered an accessory use. h) Adult entertainment parlours are only permitted on lots that are connected to full municipal services. 4.5 Barrier-free Access Ramps and Lifts Nothing in this By-law prevents the establishment of barrier-free entrances and ramps in accordance with the requirements of the Ontario Building Code. In addition, nothing prevents the location of barrier-free entrances and ramps in a private garage that is attached to a dwelling unit provided the required number of parking spaces can still be provided. 4.6 Daylighting or Sight Triangles a) Notwithstanding anything to the contrary, buildings or structures are prohibited within a daylighting or sight triangle. b) Landscaping, street furniture and/or walkway features may be permitted within a daylighting or sight triangle up to a maximum height of 1.0 metre, measured from the adjacent street line elevation, provided it does not obstruct the vision of drivers of motor vehicles or cyclists approaching the intersection. c) For the purposes of measuring front and exterior side yard setbacks for a lot which abuts a daylighting triangle, setbacks shall be measured from the front and exterior side lot lines, not the daylighting triangle, but at no point may a building, structure or legal encroachment extend into the daylighting triangle. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 48 4.7 Deck Regulations Decks are subject to the following provisions: a) Decks that have a floor height of 3.0 metres or less measured from the average grade level adjacent to the deck are permitted in the interior side, exterior side and rear yard provided that the decks are: i) No closer than the minimum required yard for the main building from the front, interior and exterior side lot line; ii) No closer than 3.0 metres from the rear lot line. b) Decks that have a floor height of more than 3.0 metres measured from the average grade level adjacent to the deck are only permitted in the rear yard provided that the deck is no closer than the required minimum interior side yard and is no closer than 5.0 metres from the rear lot line. c) Notwithstanding the above provisions, stairs used to access decks shall be setback at least 0.5 metres from any lot line or meet the minimum yard setback, whichever is lesser. 4.8 Encroachments into Required Yards (Excluding Decks) Encroachments of the following structures or features shall be permitted in accordance with Table 4A below, but at no point may an encroachment extend into the daylighting triangle or easement: Structure or Feature Yards in which Structure or Feature is Permitted Required Setback or Permitted Encroachment Accessibility ramps All yards No required setback Air conditioners and heat pumps Interior side and rear yard Must be set back a minimum of 0.3 metres from the interior and rear lot lines Exterior side yard Must be set back a minimum of 1.5 metres from the exterior side lot line Front yard Not permitted in front yard Cornices, coves, belt courses, eaves, gutters, pilasters, sills, or weather-shielding structures All yards May encroach by no more than 0.6 metres into any minimum yard TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 49 Structure or Feature Yards in which Structure or Feature is Permitted Required Setback or Permitted Encroachment Balconies Front and exterior side yards Must be set back 1.2 metres from the exterior side lot line and the front lot line Rear yard May encroach by no more than 1.8 metres into the minimum rear yard Interior side yard No encroachment permitted into the minimum interior side yard Bay, box and bow windows that are supported by the main wall or not, with a maximum width of 3.0 metres Front, rear and exterior side yard May encroach by no more than 1.0 metres into any minimum yard Interior side yard No encroachment permitted into minimum interior side yard Chimneys and gas fireplace projections and chases with a maximum width of 1.8 metres All yards May encroach by no more than 0.6 metres into any minimum yard and must be set back a minimum of 0.6 metres from the lot line Fire escapes All yards May encroach by no more than 1.5 metres into any minimum yard and must be set back a minimum of 0.6 metres from the interior side lot line Stairs and landings that access any part of the main building at or above grade, which may include stairs associated with a porch Rear yard May encroach by no more than 3 metres into minimum rear yard Front and exterior side yards No part of the stairs or landing may be closer than 0.5 metres from the front and exterior side lot lines Interior side yard Must be set back a minimum of 0.5 metres from the interior side lot line or meet the minimum interior side yard, whichever is lesser. Stairs that access the main building below grade Rear yard May encroach by no more than 1.5 metres into minimum yard Front yard Not permitted in front yard TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 50 Structure or Feature Yards in which Structure or Feature is Permitted Required Setback or Permitted Encroachment Exterior and interior side yards No encroachment permitted in to minimum exterior and interior side yards Porches, Canopies (above doorways and not supported by the ground) and porticos Front, interior and exterior side yards No part may be closer than 1.2 metres from the front lot line or exterior side lot line and no closer than the required interior side yard for the main building Rear yard May encroach by no more than 3.0 metres into the required rear yard Eaves and gutters associated with a porch All yards May encroach an additional 0.6 metres beyond what is permitted by this section into any minimum yard Patio All yards Must be set back a minimum of 0.5 metres from all lot lines or meet the minimum yard setbacks, whichever is lesser. 4.9 Established Building Line Notwithstanding any other provision in this By-law, where a vacant lot exists or is created between two developed lots or where an addition to a legally existing building is proposed, and where the buildings on the abutting lots on either side are located closer to the front lot line than is required by this By-law, the minimum front yard shall be the average of the front yard of the two abutting lots. 4.10 Flood Hazard Lands The Flood Hazards Lands as identified in Appendix "A" to this By-law are lands within a Regional Floodplain or are subject to erosion, loose soils or steep slopes as identified by the Lake Simcoe Region Conservation Authority. In addition to the underlying Zone standards, the regulations of the Conservation Authority may further restrict development and the use of the lands. Notwithstanding any other provision of this By-law, written approval of the Conservation Authority shall be required and submitted with any building permit application and prior to the addition or removal of fill, whether originating on the site or elsewhere for any lands located within the regulated areas. All uses, buildings or structures shall meet all other provisions of this By-law. Appendix "A" may be amended without the need for a zoning by-law amendment. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 51 4.11 Frontage on a Street Unless otherwise specified by this By-law, no person can erect or use any building or structure in any Zone unless the lot to be used, or upon which the building or structure is situated or proposed to be erected: a) Abuts or fronts on a street or a 0.3 metre reserve abutting said street. For the purpose of this section, a street does not include an unopened road allowance; or, b) Is being constructed pursuant to a Subdivision, Site Plan or Condominium Agreement with a public authority; or, c) Has legal access to a public street. For the purpose of this Section, a lot with legal access to a public street is deemed to meet the lot frontage requirements of the applicable zone. 4.12 Group Homes Where a group home is permitted in a zone, the following provisions shall apply: a) Only 1 group home shall be permitted per dwelling unit; b) The minimum distance between a group home and any other group home shall be 500 metres measured in a straight line from lot line to lot line; c) The minimum required gross floor area per resident is 23.0 square metres. 4.13 Height Exceptions a) The height requirements of this By-law shall not apply to: i) Place of worship belfries and spires; ii) Clock towers and flagpoles; iii) Communication towers and antennas; iv) Water storage tanks; v) Any ornamental roof construction features including but not limited to domes, towers, cupolas, and steeples; vi) Aggregate processing facilities; vii) Solar panels; viii) Storage tanks and silos associated with an industrial use in an Employment Zone; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 52 ix) Buildings and structures associated with a public or municipal works depot; and, x) Agricultural buildings and structures, including silos and grain elevators. b) The following ornamental features are permitted to project a maximum of 5.0 metres above the highest point of the roof surface, regardless of the height of the building, provided they do not occupy more than 30% of the area of the roof: i) Skylights; ii) Vents; iii) Chimneys; and iv) Bulkheads. c) All heating, ventilation and air conditioning equipment (hvac) that may or may not be enclosed in a mechanical penthouse may be permitted to project subject to Section 4.27. 4.14 Home Businesses Where a home business is permitted in a zone, the following provisions shall apply: a) Not more than one non-resident employee, shall be engaged in the home business; b) The use is entirely restricted to the dwelling unit and/or an accessory building or structure or private garage where permitted; c) An accessory building or structure may only be used for the purpose of a home business if the lot is a minimum of 2.5 hectares in size and the home business does not occupy more than 50 square metres of the accessory building or structure; d) The maximum gross floor area dedicated to the home business shall be 25 percent of the gross floor area of the dwelling unit or 50 square metres whichever is the lesser; e) The home business use shall be clearly secondary to the main use of the dwelling unit and there is no change in the external character of the dwelling unit or lot as a private residence, with the exception a legal sign erected in accordance with The Town of East Gwillimbury Sign By-law; f) There shall be no outdoor storage or outdoor display and sales area of materials or goods in conjunction with the home business; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 53 g) A home business shall not create noise and dust that is detectable outside of the dwelling unit, or any odorous, toxic or noxious matters or vapours; h) An animal daycare centre with 5 or less household pets may be permitted as a home business; i) Uses that shall not be permitted as a home business, include, but are not limited to, the following: i) Adult entertainment use; ii) Animal clinic; iii) Dating/escort services; iv) Contractor yard; v) Kennel; vi) Taxi service depot and limousine businesses; vii) Paint shop or furniture stripping; and, viii) The on-site storage, repair, maintenance sale, and/or towing of motor vehicles, recreational vehicles or engines. 4.15 Kennels Where permitted by this By-law, a kennel is subject to the following provisions: a) Maximum gross floor area, inclusive of outdoor exercise areas and pens - 100 square metres. b) Minimum setback from any lot line for all kennel related facilities - 60 metres. c) Minimum separation distance between kennels on separate lots - 500 metres. 4.16 Legal Non Compliance and Legal Non-Conformity 4.16.1 Non-Complying Buildings and Structures a) A non-complying building or structure that does not comply with this By-law, but which was legally erected/altered in accordance with a Zoning By-law that was in effect in accordance with Section 34 of the Planning Act R.S.O. c. P. 13 as amended at the time of construction and/or alteration may be enlarged, repaired, reconstructed or renovated provided that the enlargement, repair, reconstruction or renovation: i) Does not further encroach into a minimum required setback; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 54 ii) Does not increase the amount of floor area or volume in a minimum required setback; iii) Does not in any other way increase a situation of non- compliance; and, iv) Complies with all other applicable provisions of this By-law. b) Nothing in this By-law shall prevent the continuation of existing buildings or structures within the Oak Ridges Moraine provided the building or structure was legally in existence as of November 15, 2001. c) The replacement or reconstruction within the same location and dimensions of a legally existing building or structure that is damaged or destroyed by causes beyond the owner's control is permitted and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use. 4.16.2 Non-Complying Lots A lot in existence prior to the effective date of this By-law that does not meet the lot area and/or lot frontage requirements of the applicable zone, may be used and buildings and structures thereon may be erected, enlarged, repaired or renovated provided the use conforms with the By-law and the buildings or structures comply with all of the other provisions of this By-law. 4.16.3 Non-Compliance as a Result of Land Acquisition by a Public Authority Notwithstanding any other provision in this By-law, where, as a result of an acquisition of land by the Town, Region, the Province of Ontario, the Government of Canada or any department, board, commission or agency thereof, and where such acquisition results in a contravention of this By- law, the following applies: a) If the acquisition results in a contravention of this By-law with respect to minimum lot frontage and lot area requirements, the remaining lot frontage and/or lot area shall be deemed to be legal non-complying; b) If the acquisition results in a contravention of this By-law with respect to parking, loading, planting strip, front yard, interior side yard, exterior side yard, rear yard, lot coverage or landscaped open space requirements, the lands so affected are deemed to comply with this By-law to the extent it complied with this By-law on the day before the acquisition was finalized; and TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 55 c) Notwithstanding subsection (b), no new building, structure or addition to a legally existing building or structure shall be erected or located except in accordance with all the provisions of this By-law, excluding subsection (a). 4.16.4 Non-Conforming Uses a) No lands can be used and no building or structure can be used except in conformity with the provisions of this By-law unless such use legally existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to any By-law in force at that time. b) Nothing in this By-law shall prevent the continuation of existing uses within the Oak Ridges Moraine provided the use was legally in existence as of November 15, 2001. 4.17 Medical Marihuana Production Facilities Where medical marihuana production facilities are permitted in this By- law, the following provisions shall apply: a) Medical marihuana production facilities are prohibited in dwelling units. b) Medical marihuana production facilities are prohibited from locating within 70 metres, measured property line to property line, of the following uses: i) Community centres; ii) Child care centres; iii) Dwelling units in any zone; iv) Public parks and private parks; and, v) Public and private schools. Notwithstanding the above, no medical marihuana production facility legally established under these provisions shall be deemed to be in violation under this section by the subsequent erection of the above uses constructed on another lot. c) No store fronts or onsite retail distribution shall be permitted in conjunction with a medical marihuana production facility d) No outdoor signage or advertising shall be permitted. e) No part of a medical marihuana production facility including storage and accessory uses, may be located outside. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 56 4.18 Multiple Uses and Zones on one Lot a) Where any building, structure or lot is used for more than one purpose as provided by this By-law, the said building, structure or lot must comply with the provisions of this By-law relating to each use, unless otherwise specified in this By-law. b) Where a lot is divided into more than one zone, each portion of the lot must be used for a purpose that is permitted within each applicable zone. c) In no case shall the zone boundary function as a lot line for the purposes of determining required setbacks and minimum yards. Notwithstanding the above, the maximum permitted lot coverage shall apply only to the portion of the lot that is within each respective zone, as required. d) Notwithstanding subsection (b) above, parking spaces and stacking spaces required by this By-law may be provided anywhere on a lot that falls into two or more zones except that portion of a lot in an Environmental Protection (EP) Zone. 4.19 Number of Dwelling Units on a Lot Unless specifically permitted by this By-law, no more than one dwelling unit is permitted on a lot. 4.20 Oak Ridges Moraine Provisions 4.20.1 General a) The policies of this Section apply to lands within the Oak Ridges Moraine as shown on Schedule "A" to this By-law. b) New rapid infiltration basins and new rapid infiltration columns are prohibited on lands within the Oak Ridges Moraine, as shown on Schedule "A" to this By-law. c) The construction or expansion of partial services is prohibited within the Oak Ridges Moraine. 4.20.2 Areas of High Aquifer Vulnerability Except for where specifically permitted in this By-law, the following uses are prohibited within an Area of High Aquifer Vulnerability as indicated by the corresponding overlay zone on the Maps comprising Schedule "B" hereto: a) Generation or storage of hazardous or liquid industrial waste; TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 57 b) Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities; c) Underground or above-ground bulk storage tanks that are not equipped with a secondary containment device; and, d) Any other contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 as amended from time to time. 4.20.3 Landform Conservation Areas Notwithstanding any other provision of this By-law, except for existing uses, buildings and structures as defined in Part 3.0 and the provisions of Section 4.20.1 of this By-law, development or site alteration on Category 1 and 2 lands as indicated on Schedule "C" shall also be subject to the following provisions. Buildings or structures that are greater than 500 square metres may only be permitted in accordance with the Oak Ridges Moraine Conservation Plan. (Category 1) Within any Landform Conservation Area (Category 1) as indicated on Schedule "C" attached hereto and forming part of this By-law: a) The net developable area of the site that is disturbed shall not exceed 25 percent of the total site area; and b) The net developable area of the site that has impervious surfaces shall not exceed 15 percent of the total site area. (Category 2) Within a Landform Conservation Area (Category 2) as indicated on Schedule "C" attached hereto and forming part of this by-law: a) The net developable area of the site that is disturbed shall not exceed 50 percent of the total site area; and b) The net developable area of the site that has impervious surfaces shall not exceed 20 percent of the total site area. 4.21 Outdoor Commercial Patios Where an outdoor patio is located on a lot in conjunction with a restaurant on the same lot, the following provisions apply: a) The outdoor patio must be set back a minimum of 12 metres from a Residential Zone boundary. b) The outdoor patio must be located outside of any required parking spaces and required planting strips. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 58 c) The patio must be located outside of any required daylighting or sight triangle. d) The outdoor patio shall not exceed more than 50 percent of the gross floor area of the restaurant to which the outdoor commercial patio is associated. e) Rooftop outdoor patios shall be designed to prevent seating or standing within 1 metre of the edge of the building. 4.22 Outdoor Display and Sales Areas Where an outdoor display and sales area is permitted on a lot, the following provisions apply: a) The outdoor display and sales area must be set back a minimum of 12 metres from a Residential Zone boundary. b) The outdoor display and sales area must be located outside of any required parking spaces, daylighting or sight triangles and required planting strips. c) Notwithstanding subsection (b), if the outdoor sales and display area is temporary, it may occupy up to 10 percent of the parking spaces required by this By-law for the uses that exist on the same lot. d) For the purposes of this Section, temporary shall mean a period of time not to exceed 90 days in a calendar year. e) The outdoor display and sales area must not obstruct pedestrian and vehicular traffic. 4.23 Outdoor Storage Where outdoor storage is permitted in conjunction with a building or structure on the same lot and is not an outdoor storage use, the following provisions apply: a) Outdoor storage is only permitted on a lot if there is also a building or structure on the same lot. Outdoor storage cannot exceed the total ground floor area of all buildings and structures on the lot. b) Outdoor storage is only permitted in a rear or interior side yard and must not be located any closer than 20 metres to any lot line abutting a street. c) Outdoor storage shall be screened by opaque fencing or a masonry wall with a minimum height of 1.8 metres or a berm with a minimum height of 3.0 metres. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 59 d) No materials (other than machinery and equipment) in an outdoor storage area shall exceed 6.0 metres in height. e) Outdoor storage is not permitted within any yard abutting a Residential Zone boundary. 4.24 Outdoor Swimming Pools and Hot Tubs The following regulations apply to outdoor swimming pools and hot tubs: a) Outdoor swimming pools and hot tubs are permitted in the interior side, rear and exterior side yards, provided they are set back a minimum of 1.2 metres from the interior side and rear lot lines and 1.5 metres from the minimum required exterior side yard for the main building, with the setback measured from the water's edge of the swimming pool or hot tub. b) The maximum height of a swimming pool or hot tub is 1.5 metres above grade. c) Swimming pool pumps, filters and heaters, are permitted in the interior side, rear and exterior side yards, provided they are set back a minimum of 0.6 metres from the interior side and rear lot lines and 1.5 metres from the minimum required exterior side yard for the main building. 4.25 Planting Strips a) A minimum 3.0 metre wide planting strip abutting the full length of a lot line is required on a lot in any Mixed Use, Institutional, Commercial or Employment Zone that abuts an interior side or rear lot line of a lot in any Residential Zone. b) Where there is a wall or fence having a height of 1.5 metres or more along an interior side or rear lot line, the width of the planting strip established in subsection (a) can be reduced to 1.5 metres in width. c) Planting strips required by this section of the By-law can be counted as part of any landscaped open space requirement of this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 60 4.26 Residential Backyard Hens a) Notwithstanding any other provision of this By-law, the keeping or raising of hen(s) may be permitted in a Residential Zone for lots with a lot area greater than 1 acre and only in the rear yard. b) A rooster is not permitted in any Residential Zone. 4.27 Rooftop Mechanical Equipment and Mechanical Penthouses The following provisions apply where rooftop mechanical equipment or mechanical penthouses are located on a roof: a) Mechanical equipment or a mechanical penthouse, including any appurtenances thereto, shall not exceed 5.0 metres in height; b) Rooftop mechanical equipment, including any appurtenances thereto, that exceeds 2.0 metres in height shall be fully enclosed within a mechanical penthouse; and, c) Rooftop mechanical equipment shall be set back a minimum of 5.0 metres from all edges of a roof if it is not fully enclosed within a mechanical penthouse or screened by an architectural feature. 4.28 Special Setbacks 4.28.1 Railway Right of Way Setback Notwithstanding any other provision in this By-law, all residential, commercial, and institutional buildings and structures, with the exception of parking garages, must be located no closer than 30 metres from a railway right-of-way. 4.28.2 Provincial Highway Setback Notwithstanding any other provision of this By-law, all buildings and structures must be located no closer than 14 metres from a Provincial highway right-of-way. Any development or proposed access within a Provincial Permit Control Area or Controlled Access Highway area will require the appropriate Provincial approvals in accordance with Provincial policies and guidelines. 4.28.3 Watercourse Setback Notwithstanding any other provision of this By-law, all buildings and structures, other than water-related buildings and structures, such as boathouses and marina buildings, must be located no closer than 30 metres from the top of bank of any watercourse. This provision shall not prevent the expansion or replacement of a building or structure that TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 61 existed within the setback area on the effective date of this By-law, provided the expansion or replacement does not have the effect of reducing the setback from the top of bank of any watercourse or increasing the volume or floor area of a building or structure in a minimum yard. 4.28.4 Minimum Distance Separation Notwithstanding any other provision of this by-law, the following shall apply: a) No building or structure associated with any residential, institutional, commercial, industrial, or recreational use shall be constructed or used on a lot unless it complies with Minimum Distance Separation Formulae (MDS I) for all nearby livestock facilities. b) No building or structure to be used for the purpose of housing livestock or manure shall be erected or expanded unless it complies with the Minimum Distance Separation (MDS II) Formulae. 4.29 Temporary Uses 4.29.1 Construction Uses Notwithstanding any other provision of this By-law, uses incidental to construction such as a construction camp or other such temporary work camp, a tool shed, a scaffold or other building or structure incidental to the construction, and the parking or storage of any construction equipment or construction vehicle are permitted in all zones, subject to the following provisions: a) Such uses are permitted only for so long as they are necessary for work in progress that has neither been finished nor discontinued for a period of 60 days; b) A valid building permit or site alteration permit for the construction remains in place, if such a permit was required; and, c) Uses incidental to construction may be undertaken on the lot prior to the erection of the main building. 4.29.2 Model Homes Model homes are permitted in all Residential and Mixed Use Zones on lands that have received draft plan of subdivision or condominium or site plan approval for residential purposes provided that: a) The model home is built within a lot defined by the draft approved plan of subdivision or condominium or approved site plan; b) Not more than the lesser of 5 dwellings or 10 percent of the total TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 62 number of residential units contained in the approved draft plan or site plan are constructed as model homes; c) The model home complies with all other requirements of this By-law for the applicable type of dwelling unit; and, d) The buildings are used for the purpose of model homes only and must not be occupied prior to the date of registration of the subdivision, condominium, site plan, or similar development agreement. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 63 4.29.3 Temporary Sales Offices Temporary sales offices used for the sale of residential, employment or commercial lots or units in a plan of subdivision, condominium or site plan are permitted in Commercial zones or in any zone within 120 metres of the approved development, subject to the following provisions: a) The temporary sales office is not permitted until an applicable plan of subdivision or condominium has received draft plan approval or the Site Plan has received Town approval or the property is in a Zone that permits the proposed development. b) Any temporary sales office is removed within 60 days after occupancy of the last unit or dwelling unit as the case may be. c) The temporary sales office must comply with the minimum yards, height and parking standards for the applicable zone. 4.29.4 Garden Suites A garden suite may be permitted by way of a Temporary Use By-law. Where permitted by this By-law, the following provisions shall apply to garden suites: a) The maximum height is the lesser of 4.6 metres or one storey. b) The garden suite shall be located no closer to the front lot line than the main dwelling unit. c) The garden suite shall be located no closer than 2.5 metres from the rear lot line and be set back no closer to the interior side and exterior side lot lines than what is required for the main building on the lot. d) The garden suite shall be set back a minimum of 1.2 metres from any other building on the lot. e) The garden suite shall be accessed by the same driveway that accesses the main building on the lot. f) The maximum floor area of a garden suite shall not exceed 65 percent of the gross floor area of the main building on the lot. g) On lots not serviced by municipal water and sewage systems, a garden suite may only be permitted on lots with a minimum lot size of 0.8 hectares. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 64 4.30 Uses Permitted in any Zone 4.30.1 Public Uses and Infrastructure a) Public uses are permitted in all Zones, with the exception of the Oak Ridges Moraine Zones. Infrastructure is permitted in all Zones. b) Where a public use and infrastructure are permitted, the following provisions apply: i) Such public use and infrastructure must comply with all applicable zone standards, and parking requirements of the zone in which it is located. ii) No outdoor storage or outdoor storage use is permitted unless specifically permitted in the zone in which the public use is located. iii) Any accessory use to a public use must be clearly incidental and accessory to the main use. c) Notwithstanding 4.30.1(a), all new transportation, infrastructure and utility uses listed below, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, may be permitted to cross lands within the Oak Ridges Moraine Core (ORMC) and Oak Ridges Moraine Core Linkage (ORMCL) zones as shown on Schedule "A" to this By-law, provided such use is in accordance with the policies in the Oak Ridges Moraine Conservation Plan: i) Public highways and streets; ii) Transit lines, railways and related facilities; iii) Gas and oil pipelines; iv) Sewage and water service systems and lines and stormwater management facilities; v) Power transmission lines; vi) Telecommunication lines and facilities, including broadcasting towers; vii) Bridges, interchanges, stations, and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed in clauses i) to vi) above; and viii) Rights of way required for the facilities listed in clauses i) to vii) above. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 65 4.30.2 Other Uses Other uses permitted in any Zone are listed below: a) Community gardens; b) Temporary farmers markets; c) Low intensity uses and low intensity accessory uses; d) Accessory uses; e) Accessory buildings and structures. 4.31 Uses Prohibited in any Zone The following uses are not permitted by this By-law: a) The use of any tent, trailer, recreational vehicle or motor vehicle for human habitation, except where such tent, trailer, recreational vehicle or motor vehicle is located in a campground, a trailer park or in a mobile home park, that is expressly permitted by this By-law; b) The use of any accessory building or structure for human habitation, unless such uses are specifically permitted by this By-law; c) The use of a truck, bus, coach body or rail car for human habitation or for storage purposes; d) The storage of disused rail cars, streetcars, buses, truck bodies or trailers without wheels; e) The parking or storage of trailers or commercial motor vehicles on a vacant lot unless outdoor storage use is specifically permitted on the lot by this By-law; f) The parking or storage of trailers or commercial motor vehicles on a lot for the sole purposes of advertising; g) The outdoor storage of partially dismantled or unplated motor vehicles or trailers or motor vehicle or trailer parts unless otherwise specifically permitted by this By-law; h) The manufacturing, refining, rendering or distillation of acid, ammonia, ammunition, chlorine, coal, creosote, explosives, fireworks, glue, petroleum or tar; and i) The extraction of peat in all wetlands. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 66 4.32 Waste Storage Areas a) All waste generated by the occupants of 6 or more dwelling units on a lot or from any commercial, industrial or institutional use must be stored inside a building or structure on the same lot or deposited in purpose built fully enclosed, stationary receptacle(s) that are designed for that purpose and which can only be moved by a motor vehicle or machine provided the waste storage building or structure or purpose built fully enclosed, stationary receptacle: i) Is located within the interior side or rear yard; ii) Is located no closer to any lot line than required for an accessory building or structure by this By-law; iii) Does not occupy any required parking spaces and the access to parking and loading spaces; and, iv) Is located outside of any required planting strip. b) Where a waste storage building or structure is provided in accordance with subsection (a) above, the building or structure must be surrounded on all sides by masonry, concrete, or wooden walls in order to provide screening. This provision does not apply to a purpose built fully enclosed, stationary receptacle. c) Notwithstanding subsections (a) and (b) above, the temporary storage of waste in any type of container or receptacle is permitted anywhere on a lot if construction, demolition, or site alteration works are occurring on the same lot, and only as long as these activities are occurring. 4.33 Wellhead Protection Areas The following uses are designated Restricted Land Uses for the purposes of Section 59 under the Clean Water Act, 2006, where the Risk Management Official will determine if a Risk Management Plan is required, under Section 58, within Wellhead Protection Area C: a) Agricultural outdoor confinement or farm animal yards where the number of confined animals would generate more than 300 nutrient units/hectare/year b) Agricultural Storage Buildings used for agricultural source material (ASM) which includes, but is not necessarily restricted to the following materials: i) Animal manure including bedding materials ii) Milk house wash water iii) Mushroom compost iv) Regulated compost TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 67 4.33.1 General Provisions a) The following provisions apply to all lands shown as Significant Threat Areas 1, 2, 3 and 4 on Schedule "D" to this By-law. i) Where this is a conflict between this By-law, the Official Plan or the South Georgian Bay Lake Simcoe Source Protection Plans, the more restrictive provisions shall prevail. ii) Where a use is prohibited in STA-1, STA-2, STA-3 and STA-4 and the use exists and was legally established prior to the effective date of this By-law, the use shall continue to be permitted in accordance with the use provisions of the underlying Zone, but no expansion of any building or structure for a use listed in Section 4.33 of this By-law shall be permitted. 4.33.2 Source Water Protection Significant Threat Area 4 (STA-4) a) Notwithstanding any other provisions of this By-law to the contrary, the following uses are prohibited within Significant Threat Area 4 (STA-4) as shown on Schedule "D" of this By-law: i) Establishments or facilities for the handling, storage, processing and manufacturing of dense non-aqueous phase liquids (DNAPLs) including, but not necessarily restricted to the following: 1. Dry Cleaning and Laundry Plants which utilize DNAPLs in the cleaning process; 2. Automotive Sales and Service Establishments which use degreasers, paints, enamels, cleaners and adhesives that contain DNAPLs; 3. Printing, Publishing and Allied Industrial Establishments which use DNAPLs as part of the printing process; 4. Establishments selling paints, enamels, furniture strippers, paint thinners, lacquers which contain DNAPLs; 5. Establishments which store, use or sell cleaning supplies and glass cleaners which contain DNAPLs; 6. Manufacturing Industrial Establishments that utilize DNAPLs as part of the manufacturing and or processing. 4.33.3 Source Water Protection Significant Threat Area 3 (STA-3) a) Notwithstanding any other provisions of this By-law to the contrary, the following uses are prohibited within Significant Threat Area 3 (STA-3) as shown on Schedule "D" of this By-law: TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 68 i) All of the prohibited uses in Significant Threat Area 4, ii) Waste Storage Sites, Waste Processing Stations, Waste Transfer Stations and Facilities for the Landfilling of Municipal Waste and/or Solid Non-hazardous Industrial or Commercial Waste, and iii) Waste Disposal Sites where Liquid Industrial Waste is injected into a Well. 4.33.4 Source Water Protection Significant Threat Area 2 (STA-2) a) Notwithstanding any other provisions of this By-law to the contrary, the following uses are prohibited within Significant Threat Area 2 (STA- 2) as shown on Schedule "D" of this By-law: i) All of the prohibited uses in Significant Threat Areas 3 and 4, ii) Waste Water Treatment Plant & Disposal Facilities (includes lagoons, communal/municipal sewage treatment facilities, large sewage vaults at sewage pumping stations) but exclude facilities regulated under the Nutrient Management Act, iii) Waste Storage and Disposal Sites & Facilities for hazardous liquid industrial waste at landfills and transfer stations, iv) Waste Storage and Disposal Sites and Facilities for wastes described in the clauses for p, q, r, s, t and u of the definition of hazardous waste (O.Reg 347) at landfills and transfer stations as outlined in the Assessment Reports, v) Waste Storage and Disposal Sites for PCB Waste, vi) Waste Storage, Treatment and Disposal Sites & Facilities for Tailings from Mines, vii) Petroleum Refining Waste Sites and Facilities for Landfarming, viii)Hazardous Waste Storage, Treatment and Disposal Sites and Facilities. ix) Road Salt Storage Facilities where the quantity is more than 5,000 tonnes, x) Snow Storage Facilities and Disposal Sites (includes parking lots): at or above grade where the storage area is more than 1 hectare in area, except in emergency scenarios or below grade where the storage area is more than 0.01 hectares in area. xi) Non-residential, Industrial, Commercial, Institutional, Agricultural and Multi-residential Liquid Fuel and Fuel Oil Storage Facilities where the fuel is stored partially or below grade where the fuel quantity is more than 250 Litres or 2,500 Litres above grade which includes, but is not necessarily restricted to the following establishments: TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 69 1. Permanent or mobile fuel or gasoline retail outlets 2. Gasoline stations 3. Bulk plants 4. Marinas 5. Private fuel outlets 6. Farms b) Establishments or Facilities for the handling, storage and processing of Organic Solvents which includes, but not necessarily restricted to the following: i) Motor vehicle sales / rental establishments and motor vehicle repair garages which use degreasers, paints, enamels, cleaners and adhesives containing organic solvents ii) Establishments which store, use or sell cleaning supplies and glass cleaners which contain organic solvents c) Agricultural Storage Buildings used for agricultural source material (ASM) which includes, but is not necessarily restricted to the following materials: i. Animal manure including bedding materials ii. Milk house wash water iii. Mushroom compost iv. Regulated compost v. Animal yard run-off and manure d) Commercial Fertilizer Storage Facilities for retail sale or storage where the total mass in any form (liquid or solid) is more than 2,500 kg e) Residential dwelling units where fuel oil storage of more than 250 L of fuel oil is located partially or below grade f) Agricultural uses which include livestock grazing and pasturing that generates nutrient units at an annual rate that is greater than 0.5 nutrient units/acre g) Storage Facilities which contain pesticides for retail sale or storage in relation to its use in extermination where the total mass in any form (liquid, solid or gas) is more than 250 kg, and h) Establishments where pesticides are manufactured, processed or wholesaled for retail and extermination where the total mass is more than 2,500 kg. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 70 4.33.5 Source Water Protection Significant Threat Area 1 (STA-1) a) Notwithstanding any other provisions of this By-law to the contrary, the following uses are prohibited within Significant Threat Area 1 (STA- 1) as shown on Schedule "D" of this By-law: i) All of the activities prohibited in Significant Threat Areas 4, 3 and 2, and ii) Agricultural outdoor confinement or farm-animal yards where the number of confined animals would generate more than 300 nutrient units/hectare/year, and iii) Storage Facilities for Non-Agricultural Source Material (NASM) - Category 1. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 71 Part 5.0 - Parking and Loading Standards 5.1 Applicability of this Section a) The parking and loading space requirements of this By-law apply to all new uses, buildings, and structures, a change of use and additions to legally existing buildings and structures on the effective date of this By-law. b) Notwithstanding 5.1(a), the parking and loading space requirements of this By-law do not apply to any legal use, building or structure in existence at the date of passing of this By-law so long as the floor area that existed on that date, is not increased and there is no change in use. 5.2 General Parking Provisions 5.2.1 Restriction on Use of Land and Buildings No person can use any land or building in any zone for any purpose permitted by this By-law, unless the minimum number of parking spaces required are provided as specified by this By-law. 5.2.2 Calculation of Parking Requirements Where the minimum number of parking spaces is calculated on the basis of a rate or ratio, the required number of parking spaces must be rounded up to the next whole number. 5.2.3 More than One Use on a Lot The parking requirements for more than one use on a lot or for a building containing more than one use, must be the sum total of the parking requirements for each of the component uses, unless otherwise specified in this By-law. 5.2.4 Exclusive Use of a Parking Space All required parking spaces must be unobstructed and available for general parking purposes and used for that purpose at all times, unless otherwise specified in this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 72 5.2.5 Surface Treatment a) All parking spaces and parking areas and all driveways to any parking area in any Zone must be surface treated with asphalt, concrete, concrete pavers, interlocking brick or similar hardscaped material and/or similar materials that provide stability and prevent erosion, usable in all seasons, and where possible, allow infiltration of surface water. b) Notwithstanding subsection (a) above, the surface treatment of parking spaces, parking areas and driveways in the Rural (RU), Oak Ridges Moraine Core (ORMC), or Oak Ridges Moraine Countryside (ORMCS) Zones, may be loose sand and/or gravel. 5.2.6 Size of Parking Spaces a) Where parking spaces are provided in a parking area, private garage or in a parking garage, each parking space must have an unobstructed width of not less than 2.75 metres and an unobstructed length of not less than 5.8 metres, except for accessible parking spaces as prescribed in Section 5.12 of this By-law. b) Notwithstanding subsection (a) above, parking areas, private garages and parking garages that existed on the effective date of this By-law or subject to an approved Site Plan under Section 1.9 are exempt from the parking space minimum size requirement set out in subsection (a). c) Where parking spaces are angled, each parking space must have an unobstructed width of not less than 2.75 metres and an unobstructed length of not less than 6.0 metres. d) A parallel parking space shall have a minimum width of 2.75 metres and a minimum length of 6.5 metres. e) Notwithstanding subsection (a) above, within a private garage, stairs are permitted to encroachment into the required parking spaces provided that the size of each parking space is no less than 5.5 metres in length and 2.6 metres in width. 5.2.7 Parking Area Setback from Buildings Parking areas must be set back a minimum of 1.5 metres from any building on the same lot. 5.2.8 Width of Parking Aisles a) The minimum width of a parking aisle within a parking area or parking garage shall be 6.0 metres. b) Notwithstanding the above, parking areas and parking garages that TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 73 legally existed on the effective date of this By-law or subject to an approved Site Plan under Section 1.9 are exempt from the minimum aisle width requirements set out in subsection (a). 5.2.9 Width of Access Ramps and Driveways to a Parking Area or Parking Garage a) Access ramps and driveways accessing a parking area or parking garage must be a minimum of 3.8 metres in width for one-way traffic and a minimum of 6.5 metres in width for two-way traffic. b) Notwithstanding the above, a two-way driveway may be reduced to 4.0 metres in width when accessing a parking area or parking garage with 10 parking spaces or less. 5.3 Permitted Locations for Required Parking Spaces a) All parking spaces required by this By-law must be located on the same lot as the use that requires the parking. b) Notwithstanding 5.3(a), within Mixed Use and Commercial Zones, parking spaces may be located within 90 metres of the lot it is intended to serve and within the same Zone, as long as an appropriate parking agreement is registered on title. c) Parking spaces must not extend into any part of a lot that is required to be used for planting strips as specified by this By-law. 5.4 Parking in Residential Zones a) The parking of motor vehicles associated with a residential use in a Residential Zone is only permitted: i) In a parking garage; ii) In a parking area; iii) In a private garage; iv) In a carport; v) On a driveway. b) Where a private garage is detached from the main building and is accessed by a driveway crossing the front lot line, the driveway must be located no closer to the interior side lot line than the minimum setback required for accessory buildings or structures from the interior side lot line. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 74 c) Where a private garage is detached from the main building and is accessed by a driveway crossing the exterior side lot line, the driveway must be located no closer to the rear lot line than the minimum setback required for accessory buildings or structures from the rear lot line. d) Notwithstanding subsections (b) and (c) above, the setback for the driveway may be less to match the setback of a private garage that legally existed on the effective date of this By-law. e) The maximum width of an attached private garage or carport that faces the front or exterior side lot line is: i) No more than 55% of the width of a lot with a lot frontage of 12.0 metres or less; ii) No more than 6.5 metres wide on a lot that has a lot frontage of greater than 12.0 metres and less than 18 metres; or, iii) No more than 9.0 metres wide for a lot having a lot frontage equal to or greater than 18.0 metres. f) The width of the private garage specified in subsection (e) above is the greatest distance between the interior wall(s). In the case of a carport, the width is measured from the wall of the main building to the outside of the post supporting the roof of the carport. g) The width of a driveway can be 0.5 metres wider than the attached private garage. h) If there is no private garage or carport, the driveway can have a maximum width of 6.0 metres and must be located no closer than 0.3 m from the interior side lot line. i) Notwithstanding the above, driveways, attached private garages and carports that legally existed on the effective date of this By-law are exempt from the requirements set out in subsection (e). 5.5 Parking Garages a) Parking garages must comply with the provisions for the main building in accordance with this By-law. b) Notwithstanding the above, the portion of a parking garage that is entirely below established grade are permitted to extend to within 1.0 metre of any lot line. This exemption also applies to external ventilation shafts, and other similar facilities. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 75 5.6 Landscaping in Parking Areas a) Parking areas that have 20 parking spaces or more must contain a minimum of 5 percent of their area as landscaping area. Landscaping areas must be calculated on the basis of the net parking facilities, which includes parking stalls, access drives, aisles, and walkways, but does not include required landscaping adjacent to streets. b) Notwithstanding subsection (a) above, parking areas that legally existed on the effective date of this By-law are exempt from the minimum landscaping area requirements set out in subsection (a). c) Notwithstanding subsection (a) above, parking areas for public school sites that have 20 parking spaces or more must contain a minimum of 3 percent of their area as landscaping area. 5.7 Parking of Commercial Motor Vehicles in Residential Zones The following provisions apply to the parking of commercial motor vehicles in Residential Zones: a) The commercial motor vehicle must be parked in a private garage or on a driveway. b) Commercial motor vehicles are not permitted on any lot unless a main building has been constructed on that same lot. c) The commercial motor vehicle must be no more than 6.6 metres in length (exclusive of hitch/tongue). d) The commercial motor vehicle must be no more than 3 metres in height, measured from the ground to the highest point of the vehicle. e) The commercial motor vehicle must not be used for human habitation purposes while parked on the lot. 5.8 Parking of Recreational Vehicles, Trailers and Boats The following provisions apply to the outdoor parking or storage of any recreational vehicle, trailer or boat: a) The recreational vehicle, trailer or boat must not be used for human habitation purposes while parked on the lot, except where expressly permitted by this By-law. b) For lots greater than 0.4 hectares in size within the Rural (RU), Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Countryside (ORMCS) or Oak Ridges Moraine Core Linkage (ORMCL) Zones, the total number of recreational vehicles, trailers and boats stored on a lot at any time shall not exceed 3. For all other Zones, only one recreational vehicle or trailer and only one boat are permitted on a lot, unless expressly permitted by this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 76 c) The recreational vehicle, trailer or boat must be parked in the interior side or rear yards only, and/or on a driveway extending from a private garage or carport to the street. d) Only one driveway on a lot can be used for the parking of recreational vehicles, trailers and boats. e) A recreational vehicle, trailer or boat must not occupy required parking spaces. f) A recreational vehicle, trailer or boat must be located no closer than 0.5 metres from any lot line. g) Where a recreational vehicle is kept on a trailer, the recreational vehicle and the trailer together shall be counted as one (1) recreational vehicle. 5.9 Residential Parking Requirements The number of parking spaces required for residential uses must be calculated in accordance with the standards set out in Table 5A, below: Table 5A - Residential Parking Requirements Use Minimum Parking Space Requirement Accessory apartment 1 in addition to the required parking for the dwelling unit (1) Apartment building (2) 1 per dwelling unit plus 0.25 per dwelling unit for visitors Bed and breakfast establishment 1 per lodging room in addition to the required parking for the dwelling unit Boarding, lodging or rooming house 1 per lodging room Dwelling unit in a non-residential building 1 per dwelling unit Garden suite 1 in addition to the required parking for the dwelling unit (1) Group home No requirement beyond required parking for dwelling type Home business No requirement beyond required parking for dwelling type Multiple dwelling 1 per dwelling unit, plus 0.25 per unit for visitors in cases where the multiple dwelling units do not front on a street Long term care facility 0.25 per assisted living dwelling unit Retirement home 0.40 per assisted living dwelling unit plus 0.20 per assisted living dwelling unit for visitors Single detached, semi-detached, duplex and townhouse dwelling 2 per dwelling unit (1) TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 77 Use Minimum Parking Space Requirement Townhouse dwelling with rear lane access, subject to a Plan of Condominium 2 per dwelling unit (1) plus 0.25 per unit for visitors Special Provisions: (1) The required parking space can be a tandem parking space. (2) A minimum of 50% of the minimum required parking spaces for the apartment buildings shall be provided within a parking garage, if the dwelling units are located within 500 metres of the East Gwillimbury GO station. 5.10 Non-Residential Parking Requirements 5.10.1 Minimum Number of Parking Spaces Required The number of parking spaces required for non-residential uses must be calculated in accordance with the standards set out in Table 5B, below: Table 5B - Non-Residential Parking Requirements Use Minimum Parking Space Requirement (net floor area unless otherwise noted) Adult entertainment use 1/20 m2 Agricultural use No requirement Animal clinic 1/20 m2 Art gallery 1/20 m2 Asphalt plant 1/30 m2 for office component Banquet hall 1/10 m2 Business office 1/30 m2 Cemetery No requirement Concrete batching plant 1/30 m2 for office component Commercial fitness centre 1/20 m2 Commercial school 1/30 m2 Community centre 1/20 m2 Child care centre 1.5 per classroom plus 1/30 m2 Equipment rental establishment 1/30 m2 for office and retail components Farm implement sales and supply establishment 1/30 m2 for office and retail components Financial institution 1/25 m2 Funeral home Minimum 10 plus 1/13 m2 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 78 Use Minimum Parking Space Requirement (net floor area unless otherwise noted) Garden centre 1/30 m2 Golf course 3 per hole plus 1/50 m2 of net floor area of clubhouse Golf course, miniature 1.5 per tee Hospital 3 per every 4 beds Hotel / Motel 1.3 per lodging room plus 1/10 m2 for banquet hall or conference centre Industrial use in a building with 2 or more industrial uses 1/50 m2 Industrial uses in a single-use building 1/100 m2 for the first 10,000 m2 of floor area and 1/200 m2 for any floor area after the first 10,000 m2 Kennel 1/30 m2 for office component Marina 1/20 m2 of total retail floor area and 1/boat slip Medical marihuana production facility 1/100 m2 for the first 10,000 m2 of floor area and 1/200 m2 for any floor area after the first 10,000 m2 Medical office 1/20 m2 Mineral aggregate operation No requirement Model home No less than 10 Motor vehicle body shop 1/20 m2 for office and retail components Motor vehicle gas bar 1/30 m2 Motor vehicle repair garage 1/30 m2 Motor vehicle sales / rental establishment 1/30 m2 Motor vehicle washing establishment 1/30 m2 Outdoor display and sales area No requirement Outdoor storage 1/30 m2 for office component Place of amusement 1/20 m2 Place of worship Must be the greater of: (i) 1 per 4 persons of the worship area capacity; or (ii) 1 per 9 m2 of the net floor area of the worship area(s) and any accessory use areas, excluding any residential uses. The number of parking spaces required for all other uses in association with a place of worship shall also be provided in accordance with Table 5B. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 79 Use Minimum Parking Space Requirement (net floor area unless otherwise noted) Portable asphalt plant No requirement Portable concrete plant No requirement Private club 1 per 4 persons of permitted Building Code capacity Repair or service shop 1/20 m2 for the first storey and 1/40m2 in any storey above the first storey Restaurant 1/15 m2 Retail store or accessory retail 1/20 m2 in first storey and 1/40m2 in any storey above the first storey Salvage yard 1/30 m2 for office component Post-secondary school 1/20 m2 School, private School, public 1.5 per classroom for elementary schools 4.0 per classroom for secondary schools Self-service storage building 1/5 m2 for office component Service commercial use 1/20 m2 Short Term Rental Accommodation 1 per bedroom (1) Theatre 1/20 m2 Trade and convention centre 1/10 m2 Transport terminal 1/30 m2 for office component Warehouse 1/185 m2 plus the requirement for office and retail components Other uses not listed above 1/30m2 Any place of assembly not listed above 1 space per 4 persons of permitted Building Code Capacity (1) The required parking spaces can be included as part of the parking space requirements in Table 5A and can be tandem parking spaces. This requirement is not applicable for short term rental accommodations within apartment buildings or dwelling units in non-residential buildings. 5.11 Shared Parking a) Notwithstanding the minimum non-residential parking space requirements set out in Table 5B, where there are two or more dwelling units and one or more non-residential uses in the same building, the number of parking spaces provided for non-residential uses may be reduced by 20% of what is required. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 80 b) Notwithstanding the minimum parking space requirements set out in Table 5B, the number of parking spaces required for non-residential uses within 500 metres of the East Gwillimbury GO Station may be reduced by 25% of what is required. c) Notwithstanding the minimum non-residential parking space requirements set out in Table 5B, where a building or a group of buildings containing at least three individual commercial uses, which has been designed and developed as a single, comprehensively planned shopping centre development, the number of parking spaces required may be calculated using a ratio of 1 parking space per 25 m2 of total gross leasable floor area to a maximum of 1 parking space per 20 m2 of total gross leasable floor area. Where restaurants occupy more than 20% of the gross leasable floor area of the development, the parking standard of 1 space per 15.0 m2 of gross leasable floor area shall apply to that portion of restaurants that are above the 20% level. 5.12 Accessible Parking Space Requirements a) Accessible parking spaces are required for apartment buildings in Table 5A and for all non-residential uses in Table 5B, in accordance with Table 5C. b) The minimum dimensions of an accessible parking space shall be as follows: Type Width Length Type A 3.4 5.8 m Type B 2.4 5.8 m c) A minimum distance separation of 1.5 metres is required abutting the entire length of one side of an accessible parking space. The minimum distance separation may be shared by two accessible parking spaces. d) Where the minimum number of accessible parking spaces required is an even number, an equal number of Type A and Type B accessible parking spaces shall be required. e) Where the minimum number of accessible parking spaces required is an odd number, the additional accessible parking space shall be a Type B accessible parking space. f) Where there are twelve (12) or fewer required parking spaces, a Type A accessible parking space is required. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 81 g) Where the minimum required parking spaces is equal to or less than twelve (12), the minimum required accessible parking spaces shall be inclusive of the required parking spaces. h) Where the minimum required parking spaces is greater than twelve (12), the minimum required accessible parking spaces shall be additional to the total provided parking spaces. Table 5C - Accessible Parking Space Requirements Number of Parking Spaces Required by Tables 5A and 5B Required Number of Accessible Parking Spaces 1 - 12 1 13 - 100 4% of the total number of parking spaces provided 101 - 200 1 + 3% of the total number of parking spaces provided 201 - 1,000 2 + 2% of the total number of parking spaces provided 1,000 or greater 11 + 1% of the total number of parking spaces provided 5.13 Loading Spaces Where a loading space is provided, the following regulations apply: a) The minimum dimensions of a loading space must be 3.5 metres in width and 12.0 metres in length, with a minimum vertical clearance of 4.2 metres. b) A loading space must abut the building for which the loading space is provided. c) A loading space must be set back 7.5 metres from any Residential Zone boundary, except if it is located entirely within a structure. This subsection does not apply to a loading space located in a Residential Zone. d) A loading space is not permitted: i) In any minimum required yard; ii) Between the main wall closest to the exterior lot line and the exterior lot line; and, iii) In any front yard. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 82 e) Access to loading spaces must be by means of a driveway that is at least 6 metres wide contained within the lot on which the loading spaces are located. f) All vehicular movements required to access the loading space must be on private property. 5.14 Bicycle Parking Requirements a) Bicycle parking spaces that are a minimum of 60 centimetres wide and 1.8 metres long are required for the uses listed in Table 5D, below in addition to any required parking spaces for motor vehicles: Table 5D - Bicycle Parking Requirements Use Required Parking Standards (per net floor area) Retail, service commercial, institutional The greater of 3 spaces or 3.0 spaces/1000 m2 Elementary and secondary school 1 /10 students of design capacity & 1 space/35 employees Multi-unit residential buildings with more than 6 dwelling units 1 space per 3 dwelling units or 2 spaces for the first 6 units plus 2 spaces for each additional 6 units or fraction thereof Post-secondary school 1 /20 students of design capacity b) For multi-unit residential buildings with more than 6 dwelling units, required bicycle parking spaces shall be provided within: i) A building or structure; or ii) An enclosure with secure entrance; or iii) Bicycle lockers. c) Motor vehicle parking requirements may be reduced in the Employment Zones at the rate of 1 motor vehicle parking space required for every 5 bicycle parking spaces provided. 5.15 Drive-Through Service Facilities Where drive-through service facilities are permitted, the provisions of this Section apply. 5.15.1 Stacking Lane Requirements Stacking lanes are required and must be exclusive of any other parking space and loading space and aisle requirements contained within this By- law and must be provided in accordance with Table 5E. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 83 Table 5E - Minimum Number of Ingress and Egress Spaces Required Use Associated with Drive- Through Service Facility Minimum Required Ingress Spaces Minimum Required Egress Spaces Restaurant 7 3 Motor vehicle washing establishment 5 1 Financial institution and all other uses 4 1 5.15.2 Location of Ingress and Egress Spaces a) Required ingress spaces must be located and calculated from the entrance of the stacking lane to the product pick-up window. b) The required egress spaces must be located after the service product pick-up window or dispensing machine. c) The vehicle space at the product pick-up window will count towards the minimum egress spaces. 5.15.3 Size of Stacking Space All stacking spaces must be rectangular in shape, with a minimum length of 6.0 metres and a minimum width of 3.0 metres. 5.15.4 Setbacks from Residential Zone Boundary Stacking lanes and all order boxes using voice communication to order must be located no closer than 15.0 metres from any Residential Zone boundary. 5.15.5 Location of Stacking Lanes, Order Boxes, and Wall Openings Associated with a Drive-through Service Facility in Relation to Front and Exterior Side Lot Lines No stacking lanes, order boxes, or wall openings associated with a drive- through service facility can be located in any minimum required yard, or in front of a wall facing the front or exterior side lot line unless all of the components of a drive-through service facility are located a minimum of 10 metres from the front and exterior lot lines. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 84 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 85 Part 6.0 - Mixed Use Zones Description: The following is a description of the Mixed Use Zones. It is provided for the purposes of assisting readers. - Mixed Use One (MU1) Zone is based on the existing Commercial General Zone (C1) but is modified to implement the Village Core Areas designation in the OP. - Mixed Use Two (MU2) Zone implements the 2nd Concession/Green Lane Major Local Centre identified in the OP where a mix of commercial, residential and major office uses are planned with building heights ranging from 4 to 12 storeys. - Mixed Use Three (MU3) Zone implements the Yonge Street/Green Lane Major Local Centre identified in the OP where a mix of commercial, residential and office uses are also planned with higher mid-rise buildings in key locations. - Mixed Use Four (MU4) Zone implements the Queensville Centre designation identified in the OP where a mix of commercial, residential and office uses are also planned with a maximum building height of 6 storeys. - Mixed Use Five (MU5) implements the Residential Mixed Use designation permitting a mix of retail and service commercial, institutional, office, medium and high density residential, recreation and community facility uses. - Mixed Use Six (MU6) Zone implements Regional Corridors identified in the OP. - Mixed Use Seven (MU7) Zone implements Local Corridors identified in the OP. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 86 6.1 Permitted Uses Uses permitted in a Mixed Use Zone are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 6A. A number(s) following the symbol 'X' or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire zone. Special provisions are listed below Table 6A (if applicable). Table 6A - Permitted Residential Uses in Mixed Use Zones USE MU1 MU2 MU3 MU4 MU5 MU6 MU7 Residential Uses Accessory apartment X X Boarding, lodging or rooming house X X X X X X X Building apartment X X X X X X Coach house X X Dwelling, duplex X Dwelling, multiple X X X X X X Dwelling, single- detached (3) X (3) X (3) Dwelling, townhouse X Dwelling, townhouse with rear lane access X (3) X Dwelling, back- to-back townhouse X Home business X X X X X X X Home child care X X X X X X X Long term care facility X X X X X X X Retirement home X X X X X X X Short term rental accommodation (5) X (5) X (5) X (5) X (5) X (5) X (5) X (5) Dwelling unit within a non- residential building X X X X X X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 87 USE MU1 MU2 MU3 MU4 MU5 MU6 MU7 Non-Residential Uses Animal clinic X X X X X X X Animal daycare centre X X X X X X X Art gallery X X X X X X X Banquet hall X X X X X X X Business office X X X X X X X Caterer's establishment X X X X Child care centre X X X X X X X Commercial school X X X X X X X Commercial fitness centre X X X X X X X Community centre X X X X X X X Financial institution X X X X X X X Financial institution with a drive-through service facility X Funeral Home X Garden Centre (1) X (1) X (1) X (1) X (1) X (1) X (1) Hotel / Motel X X X X X Library X X X X X X X Medical office X X X X X X X Museum X X X X X X X Nanobrewery X X X X X X X Outdoor display and sales area (4) X X X X X X X Place of amusement X X X X Place of worship X X X X Private club X X X X X X X Restaurant X X X X X X X Restaurant with a drive-through service facility X Retail store X (2) X X X X X X Service commercial use X X X X X X X School, private X X X X X X X School, public X X Theatre X X X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 88 USE MU1 MU2 MU3 MU4 MU5 MU6 MU7 Trade and convention centre X X X Special Provisions: (1) A temporary garden centre is permitted as an accessory use subject to the requirements of Section 4.22. (2) Maximum gross floor area per individual use is 500 m2. (3) Permitted only where the use legally existed on the lot on the effective date of this By-law, subject to the R1 zone provisions outlined in Table 7C. (4) Subject to the requirements of Section 4.22. (5) Subject to Site Plan approval. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 89 6.2 Zone Standards Regulations for uses permitted in Section 6.1 are set out in Table 6B. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 6B. Table 6B - Standards for Mixed Use Zones STANDARD MU1 MU2 MU3 MU4 MU5 MU6 MU7 Maximum front yard for buildings that have a net floor area that is 500 m2 or less (1) - 3.0 m - Minimum rear yard adjacent to any Residential Zone 3.0 m (2) 6.0 m 3.0 m (2) Minimum interior side yard adjacent to any residential Zone boundary - 2.0 m Minimum exterior side yard - 1.0 m - 1.0 m Maximum exterior side yard buildings that have a net floor area that is 500 m2 or less (1) - 3.0 m 5.0 m 3.0 m 5.0 m Minimum height within 15.0 metres of the front and exterior side lot lines 16.5 m 13.5 m - Maximum height - duplex, back-to-back townhouses, and townhouse dwellings 12.0 m Maximum height (except duplex, back-to-back townhouses, and townhouse dwellings) 16.0 m 37.5 m 37.5 m 19.5 m 30.0 m 19.5 m 13.5 m Minimum first storey height (1) 4.5 m Special Provisions: (1) Does not apply to: duplex, multiple and townhouse dwellings; group homes; long term care facilities; and retirement homes. (2) Townhouse dwellings are subject to appropriate residential zone standards. (3) Single detached dwellings are subject to the R1 zone provisions outlined in Table 7C. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 90 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 91 Part 7.0 - Residential Zones Description: The following is a description of the Residential Zones. It is provided for the purposes of assisting readers. - The Residential Private Services (RPS) Zone replaces the portions of the existing Residential Urban (R1) Zone for lots serviced with municipal water only or entirely on private services. The RPS Zone also replaces the existing Residential Urban (R2) Zone. - The Residential One (R1) Zone replaces the portions of the existing Residential Urban (R1) Zone for lots with full municipal services and the existing Residential Urban (R3) Zone. - The Residential Two (R2) Zone (and Sub-zones R2-1, R2-2, R2-3 and R2- 4) replace the Residential Urban (R4), (R5) and (R6) Zones, and the portions of the existing Residential Urban (R7) Zone related to single detached dwellings. - The Residential Three (R3) Zone replaces the portions of the existing Residential Urban (R7) Zone related to semi-detached dwellings and the Residential Urban (R8) Zone. - The Residential Four (R4) Zone permits townhouses, replacing the existing Residential Urban (R9) Zone and the Multiple Residential (RM1) Zone. The new R4 Zone also permits duplexes, multiples and retirement homes. - The Residential Five (R5) Zone replaces the existing Multiple Residential (RM2) Zone and implements the Medium Density Residential designation in the Queensville, Yonge Street/Green Lane and 2nd Concession/Green Lane Centres and Regional and Local Corridors identified in the OP. The R5 Zone permits townhouses and low-rise apartment buildings. - The Residential Six (R6) Zone also replaces the existing Multiple Residential (RM2) Zone and implements the High Density Residential designation in the Yonge Street/Green Lane and 2nd Concession/Green Lane Centres and Regional Corridors identified in the OP. The R6 Zone permits apartment buildings. - The Estate Residential (ER) Zone replaces the existing Estate Residential (ER) Zone. - The Hamlet Residential (HR) Zone replaces the existing Hamlet Residential (HR) Zone. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 92 7.1 Permitted Uses Uses permitted in a Residential Zone are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 7A. Note that the R2 Zone consists of R1- 1, R1-2, R1-3 and R1-4 Sub-Zones for the purposes of Zone standards set out in Section 7.2. A number or numbers following the symbol 'X', or following the Zone heading, or following the name of a permitted use, indicates that one or more special provisions apply to the noted use or Zone. Special provisions are listed at the end of each table. If a use is not listed on the table, it is not permitted. Table 7A - Permitted Uses in Residential Zones USE RPS R1 R2 R3 R4 R5 R6 ER HR Accessory apartment X X X X X(1) X(1) X(1) X X Bed and breakfast establishment X X X Building, apartment X X X Coach house X X X Dwelling, back-to-back townhouse X X X Dwelling, duplex X Dwelling, multiple X Dwelling, semi- detached X Dwelling, single- detached X X X X X Dwelling, townhouse X X Dwelling, townhouse with rear lane access X X X Group home(2) X(2) X(2) X(2) X(2) X(2) Home business X X X X X X X X X Home child care X X X X X X X X X Long term care facility X X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 93 USE RPS R1 R2 R3 R4 R5 R6 ER HR Retirement home X X X Special Provisions: (1) Permitted in townhouse dwellings only. (2) Subject to Section 4.12. 7.2 Zone Standards Regulations for uses permitted in Section 7.1 are set out in Tables 7B, 7C and 7D. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Tables 7B, 7C and 7D (as applicable). Table 7B - Standards for RPS Zone Minimum lot frontage (with municipal water) (with no municipal water or sewer) 18.0 m 30.0 m Minimum lot area (with municipal water) (with no municipal water or sewer) 695 m2 1,300 m2 Minimum front yard 7.0 m Minimum rear yard 7.0 m Minimum interior side yard 1.2 m Minimum exterior side yard 6.0 m Maximum height 10.0 m Maximum lot coverage (for all buildings and structures) 40% TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 94 Table 7C - Standards for R1, ER and HR Zones STANDARD R1 ER HR Minimum lot frontage 15.0 m 45.0 m 30.0 m Minimum lot area 450.0 m2 0.6 ha 1,858 m2 Minimum front yard 6.0 m (1) 15.0 m 11.0 m Minimum rear yard 7.0 m 23.0 m 12.0 m Minimum interior side yard 1.2 m 9.0 m 1.5 m Minimum exterior side yard 6.0 m 7.0 m Maximum height 10.0 m Maximum lot coverage (for all buildings and structures) 40% 15% 30% Maximum ground floor area of all buildings per lot 500 m2 Special Provisions: (1) If the main face of the dwelling unit is greater than 6.0 metres from the front lot line, a private garage is permitted to project a maximum of 1.0 metres closer to the front lot line than the main face of the dwelling unit or porch facing the front lot line, but no closer than the minimum required setback for a private garage. Table 7D - Standards for R2 Sub-Zones STANDARD R2-1 R2-2 R2-3 R2-4 Minimum lot frontage 13.7 m 12.0 m 10.7 m 9.0 m Minimum front yard 4.0 m Minimum rear yard 7.0 m Minimum interior side yard 1.2 m on one side and 0.6 m on the other side Minimum exterior side yard 3.0 m Maximum height 12.0 m Minimum setback for a private garage from front lot line 6.0 m (1) Special Provisions: (1) If the main face of the dwelling unit is greater than 6.0 metres from the front lot line, a private garage is permitted to project a maximum of 1.0 metres closer to the front lot line than the main face of the dwelling unit or porch facing the front lot line, but no closer than the minimum required setback for a private garage. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 95 Table 7E - Standards for R3, R4, R5 and R6 Zones Dwelling Types (where permitted) Semi- detached Duplex Townhouse Townhouse with rear lane access Back-to-Back Townhouse Multiple Apartment (R4 & R5 zones) Apartment, long term care facility and retirement home Minimum lot frontage 7.0 m (2) 15.0 m 6.0 m (2) 7.0 m (2) 6.0 (2) 20.0 m 30.0 m Minimum front yard 4.0 m (1) 4.0 m (1) 4.0 m (1) 3.0 m 4.0 m (1) 3.0 m (1) 3.0 m Minimum rear yard 7.0 m 1.0 m to garage (3) 0 m 7.0 m 7.5 m Minimum interior side yard 1.2 m / 0.0 m (2) 1.5 m / 0.6 m (2) End Unit 1.2 m / 0.0 m Inside Unit 0.0 m End Unit 1.2 m / 0.0 m Inside Unit 0.0 m End Unit 1.2 m / 0.0 m Inside Unit 0.0 m 3.0 m 7.5 m Minimum distance between the detached private garage & the interior side yard 1.0 / 0.0 (2) Minimum exterior side yard 2.4 m Minimum height n/a 13.0 m Maximum height 12.0 m 13.0 m 40.0 m Minimum first storey height n/a 4.5 m TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 96 Special Provisions: (1) The minimum front yard for the face of the attached or detached private garage facing the street is 6.0 metres. If the main face of the dwelling unit is greater than 6.0 metres from the front lot line, a private garage is permitted to project a maximum of 1.0 metres closer to the front lot line than the main face of the dwelling unit or porch facing the front lot line, but no closer than the minimum required setback for a private garage. (2) Per dwelling unit. (3) The minimum separation between the detached private garage and the main dwelling unit shall be 5.0 metres. Decks may encroach from the rear of the main dwelling unit a maximum of 2.0 metres. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 97 Part 8.0 - Commercial Zones Description: The following is a description of the Commercial Zones. It is provided for the purposes of assisting readers. - Commercial Corridor (C1) Zone is intended to recognize any properties currently zoned Commercial Highway (C2) Zone. - The existing Commercial Local (C3) and Commercial Shopping Centre (C4) Zones have been incorporated into other Commercial or Mixed Use categories. - Commercial Marine (C2) Zone replaces existing Commercial Marine (C5) Zone. - Community Commercial (C3) Zone to implement Community Commercial designation in OP. - New Neighbourhood Commercial (C4) Zone to implement the Neighbourhood Commercial designation in the OP. - The existing Commercial Business Park (C6) Zone is deleted and replaced with the Employment Prestige (M1) Zone with some special provisions as required. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 98 8.1 Permitted Uses Uses permitted in a Commercial Zone are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use in Tables 8A. Table 8A - Permitted Uses in Commercial Zones Use C1 C2 C3 C4 Adult specialty store X X Animal clinic X X X Animal daycare centre X X X Art gallery X X Banquet hall X X Business office X X Caterer's establishment X X Child care centre X X Commercial school X X Commercial fitness centre X X Commercial recreation use X X X Community centre X X Dwelling units in a non- residential building (4) X(4) X(4) X(4) Equipment rental establishment X Farm implement sales and supply establishment X Financial institution X X X Financial institution with drive-through service facility X X Funeral home X X Garden centre (5) X (5) X(5) X(5) Golf course, miniature X Golf driving range X Hotel / Motel X Library X X Marina X(1) Medical office X X Motor vehicle body shop X Motor vehicle repair garage X Motor vehicle sales / rental establishment X(1) Motor vehicle washing establishment X Museum X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 99 Use C1 C2 C3 C4 Nanobrewery X X X(3) Outdoor display and sales area (6) X (6) X (6) X (6) Place of amusement X X Place of worship X X Private club X X Repair or service shop X Restaurant X X X(3) Restaurant with drive- through service facility X X Retail store X(2) X(2) X(3) School, private X X(3) Service commercial use X X(3) Theatre X X Special Provisions: (1) The sale and service of snowmobiles shall also be permitted. (2) Maximum gross floor area per individual use is 1,000 m2 (3) Maximum gross floor area per individual use - 500 m2. (4) Dwelling units only permitted if located above non-residential uses on first storey. (5) A temporary garden centre is permitted as an accessory use subject to the requirements of Section 4.22. (6) Subject to the requirements of Section 4.22. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 100 8.2 Zone Standards Regulations for uses permitted in Section 8.1 are set out in Table 8B. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 8B (as applicable). Table 8B - Standards for the C1, C2, C3 and C4 Zones Standard C1 C2 C3 C4 Minimum lot frontage 23.0 m 60.0 m nil Minimum lot area nil 5 ha 1 ha Maximum lot area nil 15 ha 5 ha Minimum front yard 7.5 m 7.5 m 3.0 m Minimum rear yard 7.5 m 7.5 m 3.0 m (1) Minimum interior side yard 6.0 m 6.0 m 3.0 m (1) Minimum exterior side yard 6.0 m 6.0 m 3.0 m Maximum height 12.0 m Special Provisions: (1) Increased to 7.5 metres where abutting Residential Zone boundary. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 101 Part 9.0 - Employment Zones Description: The following is a description of the Employment Zones. It is provided for the purposes of assisting readers. The following Employment Zones would replace all existing zones that currently apply, as follows: - The Employment Prestige (M1) Zone is a new Zone that implements the Prestige Industrial designation in the new OP. - The Employment General (M2) Zone replaces the existing Industrial Restricted (M1), General Industrial (M2) and Industrial Storage (M4) Zones, and implements the General Employment designation in the new OP. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 102 9.1 Permitted Uses Uses permitted in an Employment Zone are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 9A. Table 9A - Employment Uses Permitted in Employment Zones Use M1 M2 Abattoir X Accessory retail X (1) X (1) Adult entertainment parlour X (3) Body rub parlour X Brewery/winery/ distillery X X Business office X X Commercial self- storage facility X X Contractor yard X Equipment rental establishment X Hotel / Motel X Industrial mall X X Industrial use X X Medical marihuana production facility X X Motor vehicle body shop X Motor vehicle gas bar X (2) Motor vehicle repair garage X Outdoor Display and Sales Area (5) X (5) X (5) Outdoor storage X (6) Trade and convention centre X Transport terminal X Warehouse X X Waste processing station X Waste transfer station X Wholesale establishment X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 103 Special Provisions: (1) Total gross floor area of all accessory uses shall not exceed 10% of the total floor area of the main employment use(s) on a lot and shall be located within the same building as the main use on the lot. (2) A motor vehicle gas bar shall not be permitted on any lot less than 0.6 hectares in size. (3) Only permitted in locations established by the Official Plan and subject to the requirements of Section 4.4 of this By-law. (4) Ancillary uses are only permitted: i. within an industrial mall and shall have a net floor area that does not exceed 300 m2; or ii. within a building that is at least two storeys in height. The combined floor space occupied by all ancillary uses shall not exceed the total ground floor area of the building. (5) Subject to the requirements of Section 4.22. (6) Only permitted as an accessory use subject to the requirements of Section 4.23. Ancillary Uses Permitted Animal daycare centre X(4) Child care centre X (4) Commercial fitness centre X (4) Commercial school X (4) Financial institution X (4) X (4) Restaurant X (4) X (4) Service commercial use X (4) X (4) TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 104 9.2 Zone Standards Regulations for uses permitted in Section 9.1 are set out in Table 9A. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 9B (as applicable). Table 9B - Standards for Employment Zones USE M1 M2 Minimum lot frontage 15.0 m Minimum front yard 6.0 m Minimum rear yard 7.5 m (15 m abutting residential or institutional Zone) Minimum interior side yard 3.0 m (15 m abutting residential or institutional Zone) Minimum exterior side yard 7.5 m Minimum landscaping area 10% TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 105 Part 10.0 - Institutional Zones Description: The following is a description of the Institutional Zones. It is provided for the purposes of assisting readers. - The Institutional One (I1) Zone is a new Zone to implement the Institutional designation in the new OP. - The Institutional Two (I2) Zone is a new Zone that consolidates the existing Institutional (I1) and Institutional Elementary School (I2) Zones, and implements the Elementary and Secondary School designations in the new OP. 10.1 Permitted Uses Uses permitted in the Institutional Zone are denoted by the symbol 'X' in the column applicable to the Zone and corresponding with the row for a specific permitted use in Table 10A. Table 10A - Permitted Uses in Institutional Zone USE I1 I2 Art gallery X Cemetery X (1) Community centre X X Child care centre X X Funeral home X Hospital X Library X X Long term care facility X Museum X Place of worship X Retirement home X School, post-secondary X X School, private X School, public X X Special Provisions: (1) Permitted only where the use legally existed on the lot on the effective date of this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 106 10.2 Zone Standards Regulations for uses permitted in Section 10.1 are set out in Table 10B. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 10B (as applicable). Table 10B - Standards for Institutional Zones STANDARD I1 & I2 Minimum front yard 6.0 m Minimum rear yard 7.5 m Minimum interior side yard 3.0 m Minimum exterior side yard 6.0 m Maximum building height 15.0 m TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 107 Part 11.0 - Rural and Aggregate Resource Zones Description: The following is a description of the Rural and Aggregate Resource Zones. It is provided for the purposes of assisting readers. - The Rural (RU) Zone applies to lands designated Prime Agricultural Area, Holland Marsh Specialty Crop Area, Rural Area, Agricultural/Long Term Growth Area and Environmental Protection Area in the Town's new OP. The RU Zone also applies to future development lands within the settlement area boundary that are designated for development purposes, but require additional zoning approvals. The Rural (RU) Zone replaces the existing Rural (RU) zone. - The Aggregate Extraction / Resource (AER) Zone implements the Aggregate Extraction and Resource Areas designation in the OP and replaces the existing Industrial Extractive (M3) Zone. 11.1 Permitted Uses Uses permitted in the Rural and Aggregate Resource Zones are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 11A. Table 11A - Permitted Uses in Rural and Aggregate Resource Zones Use RU AER Accessory apartment X Agricultural use X X Agricultural-related use X Agri-tourism uses X (2) Animal clinic X Asphalt plant X Bed and breakfast establishment X Commercial fill operation for the purpose of site restoration X Concrete batching plant X Conservation use X Dwelling, single-detached X Equestrian Uses X Farm implement sales and supply establishment X Farm produce outlet X(1) Forest management X X Greenhouse X Group home X(4) Home child care X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 108 Use RU AER Home business X Kennel X (3) Mineral aggregate operation X Nursery X On farm diversified use X Portable asphalt plant X Portable concrete plant X Special Provisions: (1) Maximum gross floor area of retail sales per lot - 500 m2. (2) Buildings and structures shall not exceed 250 m2 of gross floor area. (3) Subject to Section 4.15. (4) Subject to Section 4.12. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 109 11.2 Zone Standards Regulations for uses permitted in Section 11.1 are set out in Table 11B. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 11B (as applicable). Table 11B - Zone standards for the RU and AER Zones STANDARD RU AER Minimum lot frontage 60.0 m - Maximum lot area for legally existing single detached dwelling unit deemed surplus to farming operation 2.0 acres - Minimum front yard 7.5 m 15.0 m Minimum rear yard 7.5 m Minimum interior side yard 7.5 m Minimum exterior side yard 7.5 m Maximum building height 11.0 m (1) - Maximum lot coverage 15 % - Special Provisions (1) In accordance with Section 4.13, maximum height shall not apply to buildings and structures used for: i. Agricultural uses; ii. Agricultural-related uses; iii. Agri-tourism uses; iv. Equestrian uses; and, v. Greenhouse. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 110 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 111 Part 12.0 - Environmental and Open Space Zones Description: The following is a description of the Environmental and Open Space Zones. It is provided for the purposes of assisting readers. - The Environmental Protection (EP) Zone would prohibit development and site alteration in the Town's significant environmental features. It would apply to the Town's Core Areas shown in the new OP. - The Open Space One (OS1) Zone would apply to lands designated Parks and Open Space in the new OP. - The Open Space Two (OS2) Zone would apply to lands designated Recreation Area in the new OP. 12.1 Permitted Uses Uses permitted in the Environmental and Open Space Zones are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use on Table 12A. Table 12A -Permitted Uses in Environmental and Open Space Zones Use EP OS1 OS2 Agricultural use (existing on the effective date of the By-law) X X X Campground X Conservation use X X X Day Camp X X Forest Management X X X Golf course X Golf driving range X Miniature golf course X Park, private X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 112 12.2 Zone Standards Regulations for uses permitted in Section 12.1 are set out in Tables 12A. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 12B (as applicable). Table 12B - Zone standards for the EP, OS1 and OS2 Zones STANDARD EP OS1, OS2 Minimum front yard 7.5 m 7.5 m Minimum rear yard 7.5 m 7.5 m Minimum interior side yard 7.5 m 7.5 m Minimum exterior side yard 7.5 m 7.5 m Maximum building height 11.0 m 11.0 m TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 113 Part 13.0 - Oak Ridges Moraine Zones Description: The following is a description of the Oak Ridges Moraine Zones. It is provided for the purposes of assisting readers. - The Oak Ridges Moraine Core (ORMC) Zone replaces the existing Oak Ridges Moraine Core and Core Buffer Zones. - The Oak Ridges Moraine Core Linkage (ORMCL) Zone replaces the existing Oak Ridges Moraine Core Linkage (ORMCL) Zone. - The Oak Ridges Moraine Countryside (ORMCS) Zone replaces the existing Oak Ridges Moraine Countryside (ORMCS) Zone. - The Oak Ridges Moraine Industrial Extractive (ORMIE) Zone replaces the existing Oak Ridges Moraine Industrial Extractive (ORMM3) Zone. 13.1 Permitted Uses Uses permitted in the Oak Ridges Moraine Zones are denoted by the symbol 'X' in the column applicable to that Zone and corresponding with the row for a specific permitted use on Table 13A. Table 13A - Permitted Uses in Oak Ridges Moraine Zones Use ORMC ORMCL ORMCS ORMIE Existing agricultural uses, buildings or structures (which existed on November 15, 2001) X X X X New agricultural uses X X New agriculture buildings or structures X (4) X (4) X (3) X (3) Farm produce outlet (3)(5) X X Fish, wildlife and forest management X X X X One single detached dwelling (1) X X X Accessory uses, buildings and structures (2) X X X X Bed and breakfast establishment (2) X X X Home business (2) X X X TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 114 Use ORMC ORMCL ORMCS ORMIE Mineral aggregate operation X Commercial fill operation for the purpose of site restoration X Special Provisions: (1) The establishment of one new dwelling unit on an existing vacant lot of record (existing as of November 15, 2001), expansion, reconstruction or replacement of a legally existing dwelling unit is permitted subject to Site Plan approval in accordance with Section 41 of the Planning Act, as amended, wherein the application shall demonstrate to the extent possible the use, erection and location will not adversely effect the ecological integrity of the effected area. (2) Accessory uses, buildings and structures, including swimming pools, home businesses and bed and breakfast establishments, related to a legally existing residential use, are permitted in accordance with any other applicable regulations of this By-law, subject to Site Plan approval in accordance with Section 41 of the Planning Act, as amended, wherein the application shall demonstrate to the extent possible the use, erection and location will not adversely effect the ecological integrity of the effected area. (3) New agricultural buildings and structures are permitted in accordance with any other applicable regulations of this By-law, subject to Site Plan approval in accordance with Section 41 of the Planning Act, as amended, wherein the application shall demonstrate to the extent possible the use, erection and location will not adversely effect the ecological integrity of the effected area. (4) New agricultural buildings and structures are only permitted if related to an existing agricultural use and in accordance with any other applicable regulations of this By-law, subject to Site Plan approval in accordance with Section 41 of the Planning Act, as amended, wherein the application shall demonstrate to the extent possible the use, erection and location will not adversely effect the ecological integrity of the effected area. (5) Maximum gross floor area - 500 m2 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 115 13.2 Zone Standards Regulations for uses permitted in Section 13.1 are set out in Tables 13A. A number(s) following the Zone standard, Zone heading or description of the standard, indicates that one or more special provisions apply. These special provisions are listed below Table 13B (as applicable). Table 13B - Zone standards for the ORMC, ORMCS, ORMCL and ORMIE Zones STANDARD ORMC, ORMCL, ORMCS ORMIE Minimum lot frontage 60.0 m In accordance with the Aggregate Extraction / Resource (AER) Zone Minimum lot area 40 ha Minimum front yard 7.5 m Minimum rear yard 7.5 m Minimum interior side yard 7.5 m Minimum exterior side yard 7.5 m Maximum building height 11.0 m (1) Maximum total ground floor area of all buildings per lot 500 m2 (2) Special Provisions: (1) Maximum height shall not apply to buildings and structures used for agricultural uses in accordance with Section 4.13. (2) Additional ground floor area may be permitted for buildings used for agricultural uses subject to the requirements of the Oak Ridges Moraine Conservation Plan, in accordance with the following provisions: a. For lots 5 acres or less, the maximum total ground floor area for all buildings shall be 1,000 m2; b. For lots greater than 5 acres, the total ground floor area for all buildings shall be the lesser of 5% lot coverage or 0.4 ha. The maximum total ground floor area of all non-agricultural uses is limited to 500 m2. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 116 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 117 Part 14.0 - Holding Provisions Lands subject to a Holding (H) provision are listed in Table 14A in accordance with Section 2.6 of this By-law. Table 14A: Holding Provisions Conditions for Removal H1 The Region and the Town have confirmed that servicing allocation is available and that the Town has allocated sufficient capacity to this development. H2 The Town has approved a Site Plan application in accordance with Section 41 of the Planning Act. H3 The Town has approved a Natural Heritage Evaluation. H4 The Town has confirmed that full municipal servicing is available and that the Town has allocated sufficient allocation to this development. In the interim, only the following uses are permitted: - Animal clinic - Animal daycare centre without grooming - Art gallery - Business offices - Commercial school - Financial institution - Library - Medical office - Museum H5 No person shall use any lot or erect, alter or use any building or structures for large-format retail stores until the submission and approval of a market impact study which demonstrates the proposal is justified and viable and which assesses to the satisfaction of the Town the impact of the proposed large- format retail store on commercial uses in the Town and on the planned function of the Village Core Areas. Such study is to be undertaken at the expense of the applicant by a qualified consultant. In the interim, all uses permitted in Exception (142) shall be permitted, with the exception of retail store. H6 No person shall use any lot or erect, alter or use any building or structures for large-format retail stores until the submission and approval of a traffic impact study which assesses, to the satisfaction of the Town and/or the Region, the traffic impact and appropriate measures to handle traffic from the proposed use. Such study is to be undertaken at the expense of the applicant by a qualified consultant. In the interim, all uses permitted in Exception (142) shall be permitted, with the exception of retail store. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 118 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 119 Part 15.0 - Temporary Uses Where on Schedules to this By-law, a Zone symbol is followed by the letter "T" and a number, one or more additional uses are permitted on the lands noted until the permission granted by the site specific Temporary Use By-law expires Table 15A identifies where temporary uses are permitted. Table 15A: Temporary Uses Zone Property/ Legal Description Temporary Use(s) Special Provisions Date Enacted Date Expires T1 Rural (RU) 18565 Bathurst Street Garden Suite November 4, 2013 November 3, 2033 T2 Rural (RU) 132 Park Avenue Garden Suite March 17, 2014 March 16, 2034 T3 Rural (RU) Pt. Lot 102, Conc. 1 WYS Two single detached dwellings November 2, 2016 November 1, 2019 T4 Rural (RU) 18326 Leslie Street i. Temporary Sales Office ii. Business Office iii. Accessory Parking Lot Sales office and business office uses to be contained within the existing sales office structure. October 2, 2018 October 1, 2021 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 120 Zone Property/ Legal Description Temporary Use(s) Special Provisions Date Enacted Date Expires T5 Rural (RU) 20120 East Townline Garden Suite November 5, 2012 November 4, 2032 T6 ORMCS 17569 Centre St i. Indoor farm- related commercial playground as an agri- tourism use; ii. Accessory uses to the foregoing including, but not limited to, a seating area with tables and a parking lot. Total ground floor area of all buildings and structures on the property shall be 0.4 ha, subject to the requirements of the Oak Ridges Moraine Conservation Plan. All agricultural-related uses and on-farm diversified uses, including associated parking areas, shall occupy no more than 1 hectare of the property and the gross floor area of all associated buildings used for such uses shall be limited to 800 m2. June 5, 2018 June 4, 2021 T7 RU 19794 Highway 48 i. Day Camp/Child Care Centre A maximum of 100 campers per day at any one time is permitted. June 19, 2018 June 18, 2021 T8 T9 T10 T11 T12 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 Part 16.0 - Exceptions The provisions of this By-law are modified as set out in Table 16A below, as follows: a) The first column sets out the exception number of each Zone exception which corresponds to an area of the Town identified on the Schedules by the same number, preceded by a dash and the letter "E", denoting an exception; b) The second column identifies the Zone subject to the exception; c) The third column sets out the additional uses permitted in the Zone exception, if applicable; d) The fourth column sets out the prohibited uses in the Zone exception, if applicable; e) The fifth column sets out the new or modified standards for the Zone exception, if applicable; f) The sixth column sets out the location and/or address of the exception, as well as the corresponding Map on which the exception can be found; and, g) The seventh column sets out the site specific By-law Number through which the exception was approved, if applicable. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 1 - Table 16A: Exceptions Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 1 RU i. All uses permitted in the RU zone ii. Accessory Farm Employee Accommodation No future severance shall be permitted. Pt. Lot 22, Conc. 6 (Map 9) 76-27 Pt. Lots 22 & 23, Conc. 5 (Map 9) 77-24 Pt. Lot 25, Conc. 4 (Map 9) 78-25 Pt. Lots 13 & 14, Conc. 2 (Map 4) 79-44 Pt. Lot 12, Conc. 4 (Map 11) 80-14 Pt. Lot 4, Conc. 3 (Map 15) 80-18 Pt. Lot 24, Conc. 3 (Map 8) 81-54 Pt. Lot 3, Conc. 5 (Map 15) 82-53 Pt. Lot 8, Conc. 8 (Map 14) 83-26 Pt. Lot 6, Conc. 8 (Map 14) 84-68 Pt. Lot 17, Conc. 4 (Map 11) 86-113 Pt. Lot 27, Conc. 2 (Map 8) 88-80 Pt. Lot 27, Conc. 2 (Map 14) 88-125 Pt. Lot 24, Conc. 4 (Map 9) 91-27 Pt. Lot 29, Conc. 3 (Map 8) 95-63 Pt. of Lot 11, Conc. 4 (Map 11) 2005- 54 Part of Lot 22, Conc. 5 (Map 9) 2006- 98 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 2 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 2 RU i. All uses permitted in the RU zone ii. Accessory Farm Employee Accommodation A separate driveway may be used for accessory farm employee accommodation. No future severance shall be permitted. Pt. Lot 9, Conc. 8 (Map 14) 89-70 Pt. Lot 15, Conc. 8 (Map 6) 2010- 001 3 C1 Limited to: i. Golf driving range ii. Miniature golf course iii. Garden centre iv. Commercial recreation use v. Equipment rental establishment vi. Retail store vii. Wholesale establishment which conduct retail sales on the same lot i. Outdoor display and sales area associated with additional permitted uses (vi) through (vii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 19, Conc. 4 (Map 11) 20287 Woodbine Ave Pt. Lot 11, Conc. 2 (Map 4) 893 Mount Albert Rd Pt. Lot 1, Conc. 3 (Map 15) 2238 Davis Dr Pt. Lot 1, Conc. 3 (Map 15) 2220 Davis Dr 4 RU Limited to: i. Motor vehicle repair garage Pt. Lot 10, Conc. 4 (Map 13) 18928 Warden Ave 86-110 2002- 57 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 3 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 5 RU Limited to: i. Motor vehicle repair garage ii. Motor vehicle sales (maximum 5 motor vehicles at one time) Pt. Lot 15, Conc. 7 (Map 12) 19652 Highway 48 82-46 95-79 86-110 6 RU Limited to: i. Existing outdoor truck parking area to only be used for the parking of commercial trucks. i. Buildings, structures or outdoor storage Pt. Lot 35, Conc. 5 (Map 7B) 3689 Ravenshoe Rd 99-62 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 4 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 7 C1 Limited to: i. Golf driving range ii. Miniature golf course iii. Garden centre iv. Commercial recreation use v. Equipment rental establishment vi. Retail store vii. Wholesale establishment which conduct retail sales on the same lot viii. Restaurant ix. Dwelling unit within a non- residential building i. Outdoor display and sales area associated with additional permitted uses (vi) through (viii). Maximum gross floor area for retail stores and restaurants: 1,000 m2 Minimum front yard: 7.4 m Pt. Lot 20, Conc. 8 (Map 12) 20473 Highway 48 8 RU i. All uses permitted in the RU zone ii. Children's mental health centre for day treatment school purposes licensed under the Children's Mental Health Services Act for no more than 30 students, excluding staff. Minimum interior side yard: 3.0 m Pt. Lot 20, Conc. 4 (Map 11) 2417 Queensville Sdrd 84-17 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 5 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 9 HR i. All uses permitted in the HR zone ii. Retail store Pt. Lot 35, Conc. 5 (Map 7B) 22741 Catering Rd 10 C1 Limited to: i. Restaurant ii. Golf driving range iii. Miniature golf course iv. Garden centre v. Commercial recreation use vi. Equipment rental establishment vii. Retail store viii. Wholesale establishment which conduct retail sales on the same lot i. Outdoor display and sales area associated with additional permitted uses (i), (vii) through (viii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 19, Conc. 4 (Map 11) 20215 Woodbine Ave TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 6 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 11 RU i. All uses permitted in the RU zone ii. Haulage and excavating business and accessory uses, including a garage for mechanical repairs and storage iii. Business office iv. Outdoor storage of topsoil, gravel and similar materials; excavating machines and trucks Total floor area of buildings and areas used for additional permitted uses (ii) to (iv) shall be limited to buildings and areas existing at the time of passing By-law 97-50 and as indicated in the site plan agreement for this property dated August 13, 1997. Pt. Lot 15, Conc. 8 (Map 6) 19658 Centre St 97-82 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 7 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 12 M2 Limited to: i. Industrial use within a wholly enclosed building Industrial use ground floor area maximum: 1,000 m2 Pt. Lot 22, Conc. 7 (Map 10) 20672 Highway 48 Pt. Lot 103, Conc. 1 EYS (Map 15) 18599 Yonge St Pt. Lot 103, Conc. 1 EYS (Map 15) 18581 Yonge St Pt. Lot 103, Conc. 1 EYS (Map 15) 18563 Yonge St Pt. Lot 115, Conc. 1 WYS (Map 3) 20451 Bathurst St 13 M2 Limited to: i. Industrial use within a wholly enclosed building ii. Single detached dwelling Total floor area for industrial uses shall be limited to buildings existing as of the date of passing of this By-law. Pt. Lot 16, Conc. 3 (Map 5) 19757 Leslie St 14 C1 Limited to: i. Storage, repair and sale of household goods, fixtures, furnishings, appliances, and used farm machinery and equipment. ii. Outdoor display and sales area. Total floor area shall be limited to buildings existing as of August 3, 1982. Pt. Lot 17, Conc. 4 (Map 11) 19937 Woodbine Ave 78-54 82-59 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 8 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 15 RU Limited to: i. Single detached dwelling ii. Business office Total floor area of business office use shall be limited to buildings existing as of February 4, 2002. Pt. Lot 1, Conc. 4 (Map 13) 2768 Davis Dr 2002- 11 16 C1 Limited to: i. Business office ii. Medical office iii. Service commercial use iv. Wholesale establishment which conduct retail sales on the sale lot v. Restaurant vi. Retail store vii. Private club Total floor area of service commercial uses, retail stores restaurants and private club shall be limited to buildings existing as of the effective date of this By-law. An addition to the existing building may be permitted provided such expansion does not exceed 25% of the total floor area of the existing building as of the effective date of this By- law. Pt. Lot 6, Conc. 3 (Map 15) 18335 Leslie St 2018- 065 17 C1 Limited to: i. Motor vehicle gas bar ii. Restaurant with drive- through service facility Outdoor storage A retaining wall less than 2 m in height shall be deemed not to be a structure. Pt. Lot 6, Conc. 3 (Map 15) 18273 Leslie St 94-62 2003- 12 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 9 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 18 M2 Limited to: i. Machine or welding shop; ii. Single detached dwelling subject to the RU zone provisions. Pt. Lot 15, Conc. 4 (Map 11) 2261 Doane Rd 76-32 19 C1 Limited to: i. Motor vehicle repair garage ii. Motor vehicle gas bar iii. Motor vehicle sales/rental establishment iv. Motor vehicle washing establishment Pt. Lot 35, Conc. 2 (Map 7A) 22746 Leslie St & 22740 Leslie St 87-71 20 C1 Limited to: i. Drive-in theatre ii. Restaurant Pt. Lot 11, Conc. 2 (Map 4) 893 Mount Albert Rd 77-35 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 10 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 21 C1 Limited to: i. Motor vehicle repair garage ii. Golf driving range iii. Miniature golf course iv. Garden centre v. Commercial recreation use vi. Equipment rental establishment vii. Retail Store viii. Wholesale establishment which conduct retail sales on the same lot i. Outdoor display and sales area associated with permitted uses (vii) through (viii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 11, Conc. 2 (Map 4) 983 Mount Albert Rd TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 11 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 22 RU i. All uses permitted in the RU zone ii. Group home with no more than 25 residents. iii. Recreational facilities and accessory uses, including a locker room and change area iv. Solarium v. Administrative offices Residential uses or dwellings, except for those associated with the Group Home facility. No more than a maximum of 8 staff members, who are not ordinarily residents of the Group Home, may be provided with overnight accommodation. Pt. Lots 14 and 15, Conc. 3 (Map 4) 19601 Leslie St 89-41; 94-77; 96-70 23 C4 i. All uses permitted in the C4 zone ii. Group home with no more than 5 residents. Pt. Lot 14, Conc. 3 (Map 4) 19591 Leslie St 2001- 62 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 12 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 24 RU i. All uses permitted in the RU zone ii. Group home iii. Transitional housing on a short-term basis often in emergency situations iv. Business office associated with the foregoing Pt. Lot 104 & 105, Conc. 1, WYS (Map 1) 18838 Highway 11 95-88; 2002- 116 25 RU i. All uses permitted in the RU zone ii. Group home with no more than 20 residents. Pt. Lot 115, Conc. 1, EYS 511 Queensville Sdrd (Map 3) 82-36 2004- 16 26 M2 Limited to: i. Bus storage area Pt. Lot 6, Conc. 3 (Map 15) 1590 Green Lane E 27 I1 ORM i. All uses permitted in the I1 zone ii. Legion hall Pt. Lot 11, Conc. 8 (Map 6) 31 Princess St 83-67 28 M2 i. All uses permitted in the M2 zone ii. Farm produce outlet Pt. Lot 19, Conc. 3 (Map 5) 20278 Woodbine Ave 78-15 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 13 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 29 C1 Limited to: i. Hotel/motel ii. Golf driving range iii. Miniature golf course iv. Garden centre v. Commercial recreation use vi. Equipment rental establishment vii. Retail Store viii. Wholesale establishment which conduct retail sales on the same lot i. Outdoor display and sales area associated with permitted uses (i), (vii) and (viii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 103, Conc. 1 EYS (Map 15) 18667 Yonge St 30 RU i. All uses permitted in the RU zone ii. Garden and nursery sales and supply establishment Pt. Lot 116, Conc. 1, EYS (Map 3) 402 Queensville Sdrd 80-81 31 RU Recognition of a former waste disposal site, subject to the policies of the Official Plan. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 14 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 32 R1 Minimum rear yard for a corner lot: 3 m Pt. Lots 104, 105 and 106, Conc. 1, EYS (Map 2) 75-56 33 MU1 i. All uses permitted in the MU1 zone ii. Apartment building containing a maximum of 6 dwelling units. Pt. Lot 107, Conc. 1, EYS (Map 2) 88-55 34 RPS i. All uses permitted in the RPS zone ii. A furniture upholstery repair shop and sale of household furniture iii. Business office Total floor area for additional permitted uses (ii) to (iii) shall be limited to the building existing as of November 6, 1978. Pt. Lot 19, Conc. 3 (Map 5) 78-77, 79-68 & 80-67 35 R1 An accessory building with a maximum gross floor area of 55 m2 may be used for the purpose of a home business. Pt. Lot 11, Conc. 8 (Map 6) 82-49 36 R1 i. All uses permitted in the R1 zone ii. A converted dwelling with a maximum 5 dwelling units. Pt. Lot 107, Conc. 1 WYS 86-69 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 15 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 37 RPS Minimum front yard: 3 m Pt. Lots 116 & 117, Conc. 1 WYS (Map 3) 94-22 38 R1 Minimum front yard: 3 m Pt. Lot 107, Conc. 1 WYS (Map 1) 39 RPS Minimum lot area: 2300 m2 Minimum lot frontage: Nil Section 4.11 does not apply. Pt. Lot 108, Conc. 1, WYS (Map 1) 2003- 107 40 R1 Minimum lot area: 1600 m2 Minimum lot frontage: 20 m Minimum front yard:15 m Minimum rear yard: 15 m Pt. Lot 12, Conc. 8 (Map 6) 2009- 75 41 RPS i. All uses permitted in the RPS zone ii. Medical clinic A minimum of 8 parking spaces shall be provided. A gravel parking lot may be permitted. Pt. Lot 12, Conc. 2 (Map 4) 2014- 140 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 16 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 42 RPS i. All uses permitted in the RPS zone ii. Business office. Permitted uses on full municipal servicing: iii. financial institution iv. medical or dental clinic v. restaurant vi. retail store vii. service commercial use. Pt. Lot 12, Conc.3 (Map 4) 2015- 047 43 R2-1 Minimum lot frontage: 18 m Minimum rear yard: 10 m Pt. Lot 9, Conc. 2 (Map 4) 2010- 091; 2014- 039 Pt. Lot 8, Conc. 2 (Map 2) 2010- 092; 2012- 017 44 R2-1 Minimum lot frontage: 18 m Minimum rear yard: 10 m Minimum front yard: 6 m Minimum setback for a private garage from front lot line: 7.5 m Pt. Lots 8 & 9, Conc. 2 (Map 4) 2010- 095; 2014- 040 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 17 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 45 R2-2 A single storey private garage, attached or unattached to the main building, may encroach into the required interior side yard to a maximum of 0.6 m from the interior side lot line, and may encroach into the required exterior side yard to a maximum of 2.6 m from the exterior side lot line. The minimum required setback for a private garage from the front lot line is 5.8m. Pt. Lot 10, Conc. 8 (Map 6) 2015- 057 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 18 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 46 R2-3 Minimum interior side yard: 1.0 m / 0.6 m A single storey private garage, attached or unattached to the main building, may encroach into the required interior side yard to a maximum of 0.6 m from the interior side lot line, and may encroach into the required exterior side yard to a maximum of 2.6 m from the exterior side lot line. Notwithstanding the above, the minimum required setback from the common lot line between attached units shall be nil for the main building and private garage. Pt. Lot 10, Conc. 8 (Map 6) 2015- 057 47 R5 Minimum lot frontage: 5.5 m 97-62A; 2011- 138 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 19 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 48 R2-3 i. All uses permitted in the R2-3 zone ii. Commercial service use iii. Business office iv. Child care centre v. Convenience store Maximum gross floor area for non-residential uses shall be 200 m2. Pt. Lot 100, Conc. 1, WYS (Map 15) 2006- 63 2007- 66 49 R2-3 Minimum rear yard: 6 m to main building and 1.5 m to attached private garage and portion of building above. Pt. Lot 15, Conc. 2 (Map 4) 2014- 142 50 R2-3 Minimum depth of porch: 1.2 m Pt. Lots 16-19, Conc. 2 (Map 5) 2015- 027 Pt. Lots 5, 6 & 7, Conc. 2 (Map 15) 2015- 080 51 R2-3 Minimum rear yard: 6 m Decks with a floor height of more than 3.0 m may be no closer than 4.5 m from the rear lot line. Pt. Lot 15, Conc. 2 (Map 4) 2016- 026 52 R2-4 Minimum depth of porch: 1.2 m Pt. Lots 5, 6 & 7, Conc. 2 (Map 15) 2015- 080 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 20 - Exception No. Zone Permitted Uses Uses Prohibited 9Special Provisions Location By- Law No. 53 R2-4 Limited to: i. Single detached dwelling with rear lane access ii. Accessory Apartment iii. Coach house iv. Home Business v. Home child care Minimum lot frontage (interior): 7.6 m Minimum lot frontage (corner lot): 9.4 m Minimum front and exterior side yard: 3 m to dwelling unit Minimum rear yard: 0.5 m to private garage Driveway cannot cross front lot line. The private garage can only be attached to the dwelling unit via a breezeway with a maximum width of 2.5 m. The minimum separation between the detached or attached private garage and the main dwelling unit shall be 5 m. Decks may encroach from the rear of the main dwelling unit a maximum of 2 m. Maximum interior private garage width: 6 m Maximum driveway width: 6.5 m Minimum interior side yard for private garage: 0.6 m Minimum depth of porch: 1.2 m Pt. Lots 5, 6 & 7, Conc. 2 (Map 15) 2015- 080 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 21 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 54 R3 Minimum lot frontage: 5.5 m per dwelling unit 97-62A; 2011- 138 55 R3 Minimum distance between dwellings: 1.8 m A single storey private garage, attached or unattached to the main structure, may encroach into the required interior side yard to a maximum of 0.6 m from the lot line, and may encroach into the required exterior side yard to a maximum of 2.6 m from the lot line. Notwithstanding the above, the minimum required setback from the common lot line between attached units shall be nil for the main building and private garage. Deck(s) may encroach 1.5 m into the minimum required front and exterior side yards. The minimum required setback for a private garage from the front lot line is 5.8m. Pt. Lot 10, Conc. 8 (Map 6) 2015- 057 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 22 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 56 R4 Minimum lot frontage: 5.5 m per dwelling unit Pt. Lots 9-10, Conc. 2 (Map 4) 2010- 90; 2010- 091; 2014- 037; 2014- 039 97-62A; 2011- 138 57 R4 Minimum lot frontage: 6.7 m per dwelling unit Minimum front yard: 3.0 m Minimum rear yard: 0.25 m to private garage Minimum distance between the private garage and the interior side yard: 0.6 m / 0.0 m The private garage can only be attached to the main dwelling unit via a breezeway with a maximum width of 2.5 m. Pt. Lots 10-11, Conc. 2 (Map 4) 2010- 090; 2010- 093; 2012- 017; 2014- 037 58 R4 Minimum lot frontage: 6.0 m per dwelling unit Minimum rear yard: 6.0 m Pt. Lot 20, Conc. 3 (Map 5) 2012- 146 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 23 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 59 R4 Minimum lot frontage: 5.0 m per dwelling unit Minimum exterior side yard when abutting a lane: 1.2 m Pt. Lot 11, Conc. 2 (Map 4) 2014- 038 60 R4 Minimum lot frontage: 6.25 m per dwelling unit Minimum rear yard: 0.6 m A private garage accessed by a lane may be detached or attached to the dwelling unit. There shall be no minimum distance from a dwelling unit to private garage. Pt. Lot 11, Conc. 2 (Map 4) 2014- 038 61 R3 Minimum lot frontage: 6.5 m per dwelling unit Minimum rear yard: 5.5 m Minimum exterior side yard: 2.19 m for Lot 2 Decks with a floor height of more than 3.0 m may be no closer than 4.0 m from the rear lot line. Pt. Lot 13, Conc. 8 (Map 6) 2014- 133 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 24 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 62 R4 Minimum lot frontage: 6.5 m per dwelling unit Minimum rear yard: 5.5 m Minimum number of visitor parking spaces: 6 Decks with a floor height of more than 3.0 m may be no closer than 4.0 m from the rear lot line. Pt. Lot 13, Conc. 8 (Map 6) 2014- 133 63 R4 Minimum lot frontage: 5.5 m per dwelling unit Minimum porch depth: 1.2 m Pt Lots 16-19, Conc. 2 (Map 5) 2015- 027 64 R4 Minimum lot frontage: 5.5 m per dwelling unit Maximum driveway width for townhouse with rear lane access: 6.5 m The private garage can only be attached to the main dwelling unit via a breezeway with a maximum width of 2.5 m. The minimum separation between the detached or attached private garage and the main dwelling unit shall be 5 m. Decks may encroach from the rear of the main dwelling unit a maximum of 2 m. Minimum porch depth: 1.2 m Pt Lots 16-19, Conc. 2 (Map 5) 2015- 027 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 25 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 65 R4 Minimum rear yard: 5.35 m Minimum exterior side yard: 2.0 m A parking space shall have a minimum area of 15.0 m, measuring a minimum of 6.0 m by 2.50 m exclusive of any aisles or ingress and egress lanes. Decks with a floor height of more than 3.0 m may be no closer than 4.0 m from the rear lot line. Pt. Lot 107, Conc. 1 EYS (Map 2) 2015- 061 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 26 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 66 R4 Minimum lot frontage: 5.5 m per dwelling unit Minimum front yard: 3.0 m Minimum rear yard: 5.35 m 0.3 m to private garage 10.4 m from main building Minimum exterior side yard: 2.0 m Private garages shall only be attached to the main building via a roofed or enclosed breezeway with a maximum width of 2.5 m. Minimum separation between a detached private garage and main building shall be 4.0 m. A parking space shall have a minimum area of 15.0 m, measuring a minimum of 6.0 m by 2.50 m exclusive of any aisles or ingress and egress lanes. Decks with a floor height of more than 3.0 m may be no closer than 4.0 m from the rear lot line. Pt. Lot 107, Conc. 1 EYS (Map 2) 2015- 061 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 27 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 67 R4 Minimum rear yard: 6.0 m A parking space shall have a minimum area of 15.0 m, measuring a minimum of 6.00 m by 2.50 m exclusive of any aisles or ingress and egress lanes. Part of Registered Plan 98 (Map 2) 2015- 061 68 R4 Minimum lot frontage: 6.0 m per dwelling unit Minimum rear yard: 0.5 m to private garage Private garages shall only be attached to the main building via a roofed or enclosed breezeway with a maximum width of 2.5 m. For townhouses with rear lane access, the maximum driveway width is 6.5 m. Minimum porch depth: 1.2m Pt Lots 5, 6 & 7, Conc. 2 (Map 15) 2015- 080 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 28 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 69 R4 Minimum lot frontage: 5.49 m per dwelling unit Minimum front yard: 2.7 m Minimum rear yard: 5.5 m A deck is permitted on the second storey, projecting up to 4.5 m into the rear yard, 1.2 m on the interior side yard, 3.0 m on the exterior yard, and 0.0 m to a common lot line. A roof deck is permitted. Pt Lot 15, Conc. 2 (Map 4) 2016- 026 70 R4 Minimum lot frontage: 6.0 m Pt. Lot 15, Conc. 2 (Map 4) 2016- 026 71 R4 Minimum lot frontage: 6.0 m Minimum rear yard: 6.0 m Decks with a floor height of more than 3.0 m may be no closer than 4.5 m from the rear lot line. Pt. Lot 15, Conc. 2 (Map 4) 2016- 026 72 R4 Minimum rear yard: 6.0 m Pt Lots 12 & 13, Conc. 8 (Map 6) 2004- 122 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 29 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 73 R4 An attached private garage may project up to a maximum of 3.0 m in front of the main face or porch, but shall be setback a minimum of 6.0 m from the front lot line. Pt Lot 10, Conc. 8 (Map 6) 2008- 92 74 R4 A single storey private garage, attached or unattached to the main structure, may encroach into the required interior side yard to a maximum of 0.6 m from the lot line, and may encroach into the required exterior side yard to a maximum of 2.6 m from the lot line. Notwithstanding the above, the minimum required setback from the common lot line between attached units shall be nil for the main building and private garage. The minimum required setback for a private garage from the front lot line is 5.8m. Pt Lot 10, Conc. 8 (Map 6) 2015- 057 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 30 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 75 R4 Limited to: i. Townhouse dwelling with rear lane access ii. Home business Minimum lot frontage: 5.75 m per dwelling unit Minimum rear yard: 0.70 m to private garage Minimum exterior side yard: 1.2 m Minimum landscaped open space: 12.5% lot coverage Pt. Lot 12, Conc. 2 (Map 4) 2017- 135 76 R4 Limited to: i. Townhouse dwelling ii. Home business Minimum lot frontage: 6.1 m per dwelling unit Minimum rear yard: 4 m Minimum exterior side yard: 1.2 m Minimum landscaped open space: 8% lot coverage Pt. Lot 12, Conc. 2 (Map 4) 2017- 135 77 R5 Minimum landscaped area: 20% Parking shall be permitted in the exterior side yard on Thompson Drive. There shall be a treed planting strip having a minimum width of 1.5 m between Thompson Drive and any parking areas abutting Thompson Drive. Pt. Lot 108, Conc. 1 EYS (Map 2) 90-78 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 31 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 78 ER Minimum front yard: 8.0 m Minimum rear yard: 11.0 m Minimum side yard: 3.0 m Pt. Lot 104, Conc. 1, EYS (Map 2) 80-24 79 ER i. All uses permitted in the ER zone ii. Group home for up to 11 residents No enlargement or extension to the existing residential building, as it existed as of July 7, 2003, shall be permitted. Pt. Lot 107, Conc. 1, EYS (Map 2) 2003- 67 80 RPS i. All uses permitted in the RPS zone ii. Dwelling unit for owner or staff iii. Private nursing home and rest home Minimum front yard: 30.0 m Minimum rear yard: 20.0 m Minimum side yard: (i) north side only: 1.8 m (ii) all other sides: 15.0 m Maximum floor area: 700.0 m2 Pt. Lot 112 & 113, Conc. 1 WYS (Map 3) 80-49 92-102 81 MU1 i. All uses permitted by the MU1 zone ii. Motor vehicle washing establishment iii. Laundry mat TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 32 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 82 MU1 i. Child care centre is also permitted under the H4 holding symbol The required planting strip in the front yard and southern interior side yard may be surfaced with an asphalt, concrete or other impermeable paving material provided an opaque fence is erected thereon. Pt. Lot 10, Conc. 3 (Map 4) 87-121 83 C1 A maximum of six dwelling units may be permitted in a non- residential building with a private water supply and sewage system. All commercial uses shall be of a dry nature. Pt. Lot 116, Conc. 1, WYS (Map 3) 91-28 84 MU5 i. All uses permitted in the MU5 zone ii. Townhouse dwelling iii. Townhouse dwelling with rear lane access iv. Back-to-back townhouse dwelling v. Hotel/motel Pt. Lots 5, 6 & 7, Conc. 2 (Map 15) 2015- 080 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 33 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 85 MU1 A planting strip of 0.5 m is permitted along the westerly property line. A minimum parking space length of 5.7 m is permitted. Pt. Lot 108, Conc. 1 WYS (Map 1) 2016- 003 86 HR ORM i. All uses permitted in the HR zone ii. Motor vehicle repair garage iii. Repair or service shop Outdoor storage Pt. Lot 10, Conc. 7 (Map 7D) 88-81 87 M2 i. All uses permitted in the M2 zone ii. Motor vehicle gas bar iii. Financial institution iv. Hotel / Motel v. Service commercial use vi. Retail store vii. Retail showroom accessory to a warehousing use within an enclosed building Outdoor storage A strip of land not less than 4.6 metres in width along the Woodbine Avenue frontage shall be used for no purpose other than landscaping. The provisions herein shall not apply to prevent the provision of a road access or pedestrian walkway across the said landscaped strip. Pt. Lots 9 and 10, Conc. 4 (Map 13) 18879 and 18917 Woodbine Ave 90-18 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 34 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 88 M2 i. All uses permitted in the M2 zone ii. Financial institution iii. Commercial school iv. Retail showroom accessory to a warehousing use within an enclosed building Pt. Lots 9 and 10, Conc. 4 (Map 13) 18879 and 18917 Woodbine Ave 90-18 89 MU6 i. All uses permitted in the MU6 zone ii. Motor vehicle sales / rental establishment iii. Motor vehicle repair garage iv. Motor vehicle gas bar v. Motor vehicle washing establishment For the purpose of this zone, a "public street" shall include a private driveway. Pt. Lot 100, Conc. 1, WYS (Map 15) 2001- 110 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 35 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 90 I1 Children's play equipment/structures accessory to the Montessori school shall be permitted in the front yard. A 1.5 m planting strip adjacent to north lot line is required. Pt. Lot 22, Conc. 2 (Map 5) 2004- 063 91 C1 A maximum of 4 dwelling units may be permitted in a non-residential building with municipal water supply and private sewage system Pt. Lot 116, Conc. 1, WYS (Map 3) 84-85 92 C4 i. All uses permitted in the C4 zone ii. Motor vehicle gas bar located immediately east of the future north-south local collector road right-of-way and adjacent to the Queensville Sideroad right- of-way iii. Restaurant with drive-through facility Motor vehicle washing establishment A maximum of three gas bar islands are permitted. One gas bar canopy structure with an area of no more than 384 m2 is permitted. An accessory convenience retail structure with a ground floor area of no more than 290 m2 is permitted. Pt. Lot 20, Conc. 3 (Map 5) 2012- 146 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 36 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 93 MU3 Maximum height: 58 m Recreational Amenity shall be provided at a rate of 2.5 m2 per dwelling unit. For purposes of this provision, Recreational Amenity shall mean indoor or outdoor common areas provided for the use of the occupants of the dwelling units and may include but not be limited to such areas as swimming pools, fitness and recreation facilities, meeting rooms, gardens, roof top terraces, lounges, etc. Pt. Lot 101, Conc. 1, EYS (Map 15) 75-33, 75-59, 2010- 041, 2012- 071 94 C4 i. All uses permitted in the C4 zone ii. Repair or service shop Maximum gross floor area of grocery store: 1,750 m2 Maximum gross floor area for restaurant, retail store, service commercial use, repair or service shop: 755 m2 per individual use Minimum interior side yard: Nil (increased to 3.0 m abutting a Residential zone boundary) Pt. of Lot 11, Conc. 3 (Map 4) 19101 Leslie St TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 37 - Minimum setback for outdoor display and sales areas: 4 m from any lot line Notwithstanding Section 5.6(a), the parking area must contain a minimum of 3% of the area as landscaping. Notwithstanding Section 5.11(c), the number of parking spaces required may be calculated using a ratio of 1 parking space per 24 m2 of total gross leasable floor area to a maximum of 1 parking space per 20 m2 of total gross leasable floor area. Where restaurants occupy more than 20% of the gross leasable floor area of the development, the parking standard of 1 parking space per 15 m2 of gross leasable floor area shall apply to that portion of restaurants that are above the 20% level. 95 C4-6 ORM Maximum height: 17.2 metres Pt. Lot 10, Conc. 8 (Map 6) 2017- 042 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 38 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 96 C2 i. All uses permitted in the C2 zone ii. Hotel/motel or tourist cabins iii. One dwelling unit on the second storey of a building used for storage of boats, provided the building shall not be used to service boats or motorized vehicles or to store gasoline of other flammable materials or substances. Pt. Lot 119, Conc. 1, WYS (Map 8) 75-57 76-29 97 C2 i. All uses permitted in the C2 zone ii. Single detached dwelling Pt. Lot 121, Conc. 1, WYS (Map 8) 76-49 98 C3 ORM i. All uses permitted in the C3 zone ii. Warehouse iii. Outdoor storage Maximum gross floor area for retail store: 2,000 m2 Pt. Lot 12, Conc. 8 (Map 6) 6 Princess Street and 19219 Highway 48 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 39 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 99 C4 ORM Limited to: i. Equipment rental establishment ii. Business office iii. Garden Centre iv. Restaurant v. Retail store vi. Financial institution vii. Medical office viii. Commercial School ix. Commercial fitness centre x. Animal daycare Minimum front yard: 1.5m Minimum width of access ramp(s) and driveway(s) accessing a parking area or parking garage: 6.0m for two-way traffic A loading space is permitted within the minimum required interior side yard. Pt. Lot 10, Conc. 8 (Map 6) 2 Don Rose Blvd. 100 M2 i. All uses permitted in the M2 zone ii. Single detached dwelling Pt. Lot 112, Conc. 1, WYS (Map 3) 90-94; 2009- 94 101 M1 i. All uses permitted in the M1 zone ii. Motor vehicle sales / rental establishment Outdoor storage of any goods or materials which are obnoxious, visually or otherwise, Minimum interior side and rear yard for outdoor storage: 3 m Maximum lot coverage for outdoor storage: 25% 19752 Holland Landing Rd Pt. Lot 110, Conc. 1 WYS (Map 1) 2000- 046 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 40 - iii. Outdoor storage iv. Bulk storage tank facility limited to propane including derelict or scrap vehicles or machinery, and worn-out appliances or equipment. Minimum landscaping area around the perimeter of the property: 6 m Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 102 M2 i. All uses permitted in the M2 zone ii. Financial institution iii. Garden Centre iv. Hotel / Motel v. Trade and convention centre vi. Restaurant vii. Restaurant with drive through facility viii. Service commercial use ix. Place of amusement x. Retail store xi. Animal clinic xii. Commercial recreation use xiii. Motor vehicle sales/rental establishment Maximum height: 16 m Pt. Lot 5, Conc. 3 (Map 15) 2005- 082; 2005- 113 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 41 - xiv. Motor vehicle washing establishment xv. Child Care Centre as an ancillary use Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 103 M2 Minimum rear yard: 6 m Minimum exterior side yard: 4.8 m Maximum lot coverage for outdoor storage: 25% Section 4.23(c) does not apply to the exterior lot line. Pt. Lot 1, Conc. 4 (Map 13) 2740 Davis Dr 2013- 020 104 M2 i. All uses permitted in the M2 zone ii. Concrete batching plant iii. Accessory uses, which shall include a hopper, silo, conveyor belt, truck washing pad, outdoor storage of aggregate and the parking of commercial Minimum rear yard and interior side yard setback: Nil Minimum exterior side yard: 6 m Maximum lot coverage for outdoor storage: 60% Section 4.21 shall not apply. Section 4.23(c) does not apply to the exterior lot line. Section 5.6 shall not apply. Notwithstanding Table 9B, the minimum landscaping area shall be as approved Pt. Lot 1, Conc. 4 (Map 13) 2696 Davis Dr 2012- 065; 2013- 127 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 42 - machinery and equipment. through the Site Plan application. A retaining wall may be permitted within a minimum yard as approved through the Site Plan application. Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 105 M2 Maximum lot coverage for outdoor storage is 60% Minimum rear yard for outdoor storage: 6 m Minimum rear yard: 6 m A retaining wall may be permitted within a minimum yard as approved through the Site Plan application. Pt. Lot 1, Conc. 4 (Map 13) 2696 Davis Dr 2012- 065; 2013- 127 106 M2 Maximum lot coverage for outdoor storage is 30% Minimum rear yard for outdoor storage: 6 m Minimum exterior side yard: 6 m Pt. Lot 1, Conc. 4 (Map 13) 2696 Davis Dr 2012- 065; 2013- 127 107 M1 i. All uses permitted in the M1 zone ii. Motor vehicle gas bar Pt. Lot 16, Conc. 3 (Map 5) 2016- 049 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 43 - iii. Restaurant with drive-through facility 108 M2 i. All uses permitted in the M2 zone ii. Truck storage facility Pt. Lot 112, Conc. 1 WYS (Map 3) 83-48 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 44 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 109 M2 i. All uses permitted in the M2 zone ii. Concrete batching plant iii. Accessory uses, which shall include a hopper, silo, conveyor belt, truck washing pad, outdoor storage of aggregate and the parking of commercial machinery and equipment. Pt. Lot 1, Conc. 4 (Map 13) 2005- 44 110 M2 i. All uses permitted in the M2 zone ii. Motor vehicle sales / rental establishment Pt. Lot 1, Conc. 4 (Map 13) 2006- 111 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 45 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 111 M2 i. All uses permitted in the M2 zone ii. Truck storage facility iii. Boat and marine supply, storage, repair, and/or sales establishment Pt. Lot 112, Conc. 1 WYS (Map 3) 2007- 92 112 M2 i. All uses permitted in the M2 zone ii. Truck storage facility iii. Boat and marine supply, storage, repair, and/or sales establishment Minimum front yard: 5 m Minimum exterior side yard: 5 m Pt. Lot 11, Conc. 8 (Map 6) 2012- 061 113 I1 i. All uses permitted in the I1 zone ii. Single detached dwelling Pt. Lot 9, Conc. 2 (Map 4) 80-17 114 I1 Minimum front yard: 3.5 m Minimum rear yard: 3.5 m Maximum height: nil Pt. Lot 10, Conc. 8 (Map 6) 78-65 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 46 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 115 I1 Limited to: i. Child care centre and associated accessory structures Maximum height: 9 m Minimum width of planting strip: 2 m Pt. Lot 12, Conc. 8 (Map 6) 2006- 081 116 I1 Limited to: i. Agricultural use ii. Conservation use iii. A residential care facility iv. Associated parking area with 67 parking spaces v. Business office vi. Private park Pt. Lot 103, Conc. 1, WYS (Map 15) 2009- 087 117 I1 Minimum planting strip: - North lot line: nil - South lot line: 1 m Pt. Lot 11, Conc. 8 (Map 6) 2012- 131 118 RU Minimum side yard: 2.4 m Pt. Lot 35, Conc. 2 (Map 7A) 87-71 119 RU i. All uses permitted in the RU zone ii. The processing of poultry and poultry products. Pt. Lot 22, Conc. 2 (Map 5) 89-86 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 47 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 120 RU i. All uses permitted in the RU zone ii. Cemetery Pt. Lots 8 and 9, Conc. 4 (Map 13) 74-30; 96-25; 96-61; 96-98 121 RU Minimum interior side yard: 3.0 m Pt. Lot 21, Conc. 4 (Map 9) 97-45 122 RU One detached private garage shall be permitted to have a maximum floor area of 167.0 m2 Pt. Lot 109, Conc. 1 WYS (Map 1) 98-91 123 RU i. All uses permitted in the RU zone ii. A kennel accessory to an animal clinic; iii. Municipal cat pound facility Pt. Lot 1, Conc. 4 (Map 13) 124 RU Minimum interior side yard: 1.5 m / 3.0 m Maximum lot coverage: 30% Pt. Lot 11, Conc. 2 (Map 4) 2000- 83 125 RU i. All uses permitted in the RU zone ii. Accessory Farm Employee Accommodation Accessory farm employee accommodation shall not be used for residential purposes between the last day of November and March 15th. Pt. Lots 34 & 35, Conc. 2 (Map 8) 2000- 104 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 48 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 126 RU i. Single detached dwelling ii. Accessory farm employee accommodation Pt. Lot 26, Conc. 2 (Map 8) 2012- 031 127 RU i. All uses permitted in the RU zone ii. Storage of farm machinery, implements and rental equipment; iii. Farm related commercial and industrial uses including fertilizer sales, mulch sales, and feed and seed sales; iv. Sale of seasonal produce or goods, primarily grown or made on local farms. Pt. Lot 34, Conc. 3 (Map 8) 22517 Leslie St 2014- 101 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 49 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 128 M2 Notwithstanding Table 9B, the minimum landscaping area shall be 8%. Minimum interior side yard and rear yard for retaining walls: 0 m Pt. Lot 5, Conc. 3 (Map 15) 125 Corcoran Crt 129 AER i. All uses permitted in the AER zone ii. Trucking operation Building associated with trucking operation cannot exceed 920 m2 of ground floor area. 22481 Kennedy Rd 130 I1 Limited to: i. Post-secondary institution Pt. Lots 21 and 22, Conc. 3. (Map 5) 131 OS2 i. All uses permitted in the OS2 zone ii. Single detached dwelling iii. Recreational uses, including volleyball courts iv. Clubhouse i. Golf course ii. Swimming pool iii. Indoor skating rink iv. Day camp v. Community centre vi. Marina Pt. Lot 19, Conc. 6 (Map 12) 78-57 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 50 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 132 OS2 i. Maximum number of recreational vehicle sites: 295 ii. Minimum lot area of recreational vehicle each site: 370.0 m2 iii. Minimum lot frontage of recreational vehicle each site: 9.5 m iv. Setback of recreational vehicle: 7.5 m from adjacent property held in separate ownership Pt. Lot 27, Conc. 8 (Map 10) 86-135 133 OS2 i. All uses permitted in the OS2 zone ii. Restaurant iii. 20-unit hotel Restaurant cannot exceed 250 m2 Pt. Lot 27, Conc. 8 (Map 10) 86-135 134 OS2 i. All uses permitted in the OS2 zone ii. One apartment dwelling unit for caretaker/ owner Pt. Lot 102, Conc. 1, WYS, (Map 15) 94-55 135 EP One right-of-access, driveway, or street or road shall be permitted to provide access to lands subject to this exception. 97-62A; 2011- 138 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 51 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 136 ORMC Single detached dwelling Pt. Lot 1, Conc. 8 (Map 14) 2013- 088 137 ORMCS Single detached dwelling Pt. Lot 1, Conc. 8 (Map 14) 2013- 088 138 ORMCL Minimum lot area: 0.6 ha Minimum lot frontage: 30.0 m Maximum lot coverage: 15% Pt. Lot 6, Conc. 4 (Map 13) 2003- 64 139 ORMCL Limited to: i. Conservation use ii. Passive recreation iii. Stormwater management facility No part of any building, structure or accessory use, including, but not limited to, driveways, patios, swimming pools, fences, landscaping shall be erected or allowed to encroach on these lands. Notwithstanding the above, a reserve septic bed area may be permitted subject to the approval of the Town. Any land may be included in the calculation of any zone provisions for the same lot which is in the registered plan of subdivision Pt. Lot 6, Conc. 4 (Map 13) 2003- 64 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 52 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 140 ORMCL Limited to: i. Conservation use ii. Stormwater management facility A fence or other suitable structure, as determined by the Town, shall be erected and maintained on the boundary to clearly demarcate its boundaries within the lots. Any land may be included in the calculation of any zone provisions for the same lot which is in the registered plan of subdivision 2003- 64 141 C2 Limited to: i. All uses permitted in the EP zone ii. Marina Pt. Lot 6, Conc. 4 (Map 13) TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 53 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 142 M1 i. All uses permitted in the M1 zone ii. Motor vehicle or recreational vehicle sales / rental establishment iii. Garden Centre iv. Equipment rental establishment v. Motor vehicle gas bar vi. Restaurant vii. Restaurant with drive through facility viii. Theatre ix. Commercial recreational use x. Retail store (subject to H5 and H6 holding provisions) Pt. Lot 108, Conc 1 WYS (Map 1) 97-62A; 2011- 138 143 MU1 i. All uses permitted in the MU1 zone ii. Single detached dwelling subject to the R2-1 zone provisions Pt. Lot 9, Conc 2 (Map 4) 2010- 091; 2014- 039 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 54 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 144 MU1 i. All uses permitted in the MU1 zone ii. Motor vehicle repair garage Pt. Lot 12, Conc 8 (Map 6) 145 C1 Limited to: i. Golf driving range ii. Miniature golf course iii. Garden centre iv. Retail store v. Commercial recreation use vi. Equipment rental establishment vii. Wholesale establishment which conduct retail sales on the same lot viii. Outdoor display and sales area associated with additional permitted uses (iii) through (vii). Maximum gross floor area for retail stores: 1,000 m2 Maximum lot coverage: 25% Maximum ground floor area of outdoor display and sales area: 20 m2 as per approved Site Plan Pt. Lot 5, Conc. 4 (Map 13) 18237 Woodbine Ave TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 55 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 146 MU1 i. All uses permitted in the MU1 zone ii. Group home with no more than 12 residents and 2 live- in staff Pt. of Lot 11, Conc. 8 (Map 6) 19111 Centre St 147 RU i. All uses permitted in the RU zone ii. Electrical contracting business Pt. of Lot 23, Conc. 3 (Map 8) 20894 Woodbine Ave 148 MU1 i. All uses permitted in the MU1 zone ii. Group home with no more than 26 residents Pt. of Lot 107, Conc. 1 EYS (Map 2) 9 School Street TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 56 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 149 C1 Limited to: i. Golf driving range ii. Miniature golf course iii. Garden centre iv. Commercial recreation use v. Equipment rental establishment vi. Retail store vii. Wholesale establishment which conduct retail sales on the same lot viii. Motor vehicle gas bar ix. Restaurant with drive through facility Outdoor display and sales area associated with permitted uses (vi) through (vii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 103, Conc. 1 WYS (Map 15) 18582 Yonge St 150 M2 i. All uses permitted in the M2 zone ii. Outdoor storage of boats, trucks, buses and recreational vehicles Pt. of Lot 110, Conc. 1 WYS (Map 1) 19715 Bathurst St TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 57 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 151 ORM CS i. All uses permitted in the ORMCS zone ii. Contractor yard iii. Business office iv. Outdoor storage Maximum lot coverage for outdoor storage: 10% Outdoor storage shall be fully enclosed by a 1.8 m fence. Pt. Lot 11, Conc. 7 (Map 12) 4894 Mount Albert Rd 152 C1 Limited to: i. Motor vehicle repair garage ii. Motor vehicle body shop There shall be no mechanical repair of motor vehicles, auto body repairs and spray painting performed outside of the building. Pt. Lot 35, Conc. 8 (Map 7C) 5401 Ravenshoe Rd 77-71 80-35 83-46 153 M2 Limited to: i. Motor vehicle repair garage ii. Single detached dwelling subject to the RPS provisions Total floor area for motor vehicle repair garage use shall be limited to buildings existing as of the effective date of this By-law. Pt. Lot 110, Conc. 1 WYS (Map 1) 141 Toll Rd 154 M2 Limited to: i. Industrial use ii. Accessory retail iii. Business office Pt. Lot 110, Conc. 1 WYS (Map 1) 34 Centennial Avenue TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 58 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 155 RU i. All uses permitted in the RU zone ii. Golf driving range iii. Miniature golf course iv. Garden centre v. Commercial recreation use vi. Equipment rental establishment vii. Retail store viii. Wholesale establishment which conduct retail sales on the same lot Outdoor display and sales area associated with additional permitted uses (vii) through (viii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 18, Conc. 7 (Map 12) 20122 Highway 48 156 C3 ORM Maximum gross floor area for retail store: 2,000 m2 Pt. Lot 12, Conc. 8 (Map 6) 19263 Highway 48 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 59 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 157 M1 Limited to: - Brewery/winer y/distillery - Business office - Commercial self-storage facility - Hotel/motel - Industrial mall - Industrial use - Trade and convention centre - Warehouse Ancillary uses may only be permitted in accordance with the special provisions of this exception and shall be limited to the following uses: - Service commercial uses - Restaurants and restaurants with drive-thru service facility - Financial Ancillary uses may also be permitted in single-storey standalone buildings provided that any individual ancillary use or unit does not exceed a maximum gross floor area of 1,000m². Ancillary uses shall only be permitted once a building permit has been obtained for the 5,900m² industrial mall. The total gross floor uses shall not exceed 2,300m². An additional 3,750m² of single-storey standalone ancillary uses may be permitted upon completion of the industrial mall with a floor area not less Pt. Lot 1, Conc. 4 (Map 13) 17611 Woodbine Avenue TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 60 - institutions - Commercial schools - Commercial fitness centres - Child care centres - Retail stores than 5,900 m². For the purposes of this By-law, the west property line abutting Woodbine Avenue shall be deemed the Front Lot Line. The arrangement of buildings, parking, landscaping and phasing shall be in general conformity with the site plan included as Appendix 1 of this By-law. TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 61 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 158 C1 Limited to: i. Single detached dwelling ii. Golf driving range iii. Miniature golf course iv. Garden centre v. Commercial recreation use vi. Equipment rental establishment vii. Retail store viii. Wholesale establishment which conduct retail sales on the same lot ii. Outdoor display and sales area associated with additional permitted uses (vii) through (viii). Maximum gross floor area for retail stores: 1,000 m2 Pt. Lot 35, Conc. 8 (Map 7C) 22625 Highway 48 Pt. Lot 11, Conc. 2 (Map 4) 947 Mount Albert Rd TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 62 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 159 C1 Limited to: i. Golf driving range ii. Miniature golf course iii. Garden centre iv. Commercial recreation use v. Equipment rental establishment vi. Retail store vii. Wholesale establishment which conduct retail sales on the same lot viii. Financial institution ix. Business office x. Commercial school xi. Farm implement sales and supply establishment xii. Medical office xiii. Private club xiv. Service commercial use xv. Taxi service depot Pt. Lot 18, Conc. 4 (Map 11) 20091 Woodbine Ave 2018-0 65 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 63 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 160 M1 and M2 Notwithstanding Table 5B, the minimum required number of parking spaces for the Operations Centre with a ground floor area of 5,320 m2 is 110 spaces. Pt. Lot 16, Conc. 3 (Map 5) 19850 Woodbine Ave 2018- 071 161 C1 - All uses in the C1 zone - Medical Office - Business Office - Minimum interior side yard: 0m - Minimum number of required parking spaces is inclusive of the required accessible parking spaces. - Minimum width of access ramp(s) and driveway(s) accessing a parking area or parking garage: 6.0m for two-way traffic. Pt. Lot 80, Judge's Plan 402 (Map 5) 20415 Leslie Street 0 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 64 - Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By- Law No. 162 R6- 162, R6- 162(H 1) i. All uses permitted in the R6 Zone ii. Dwelling, Townhouse iii. Dwelling, Stacked Townhouse i. Notwithstanding Section 5.2.9(a), the minimum width of a driveway accessing a parking area shall be 6.0 metres for two- way traffic. ii. Notwithstanding Section 4.7(a)(ii), decks are permitted within a rear yard to a point no closer than 1.5 metres from the rear lot line. iii. Notwithstanding section 4.8, a porch may encroach to a point no closer than 0.60 metres from an interior side yard abutting an end unit. Townhouse: iv. Minimum Front Yard setback to Pt. Lot 12, Concession 2 (Map 4) 2019- 077 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 65 - the face of an attached private garage: 5.8 metres v. Minimum Rear Yard: 4.2 metres Townhouse with rear lane access: i. For the purposes of this By-law, the front lot line of a through lot shall be that lot line which is not traversed by a driveway. ii. Minimum Lot Frontage: 5.7 metres per unit iii. Minimum Front Yard: 2.4 metres iv. Minimum Rear Yard to a building with an integral garage: 1.0 metres v. Minimum Exterior Side Yard: 1.40 metres Stacked Townhouse: TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 66 - i. Stacked Townhouse Dwellings shall only be permitted on lands to a point not more than 60 metres north of the Mount Albert Road property line. ii. Minimum Lot Frontage: 6.0 metres iii. Minimum Front Yard: 3.0 metres iv. Minimum Rear Yard: 1.0 metres v. Minimum Interior Side Yard: 1.2 metres vi. Minimum Exterior Side Yard: 1.2 metres vii. Maximum Height: 14.0 metres viii. Minimum setback to a building with an attached private TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 67 - garage: 1.0 metres ix. Minimum separation distance between buildings: 2.4 metres x. The Multiple Dwelling parking requirements of Table 5A shall apply to this use. Retirement Home: i. For the purposes of this By-law, the front lot line shall be the lot line abutting Regional Road 13. ii. Maximum number of assisted living dwelling units: 204 iii. Minimum Front Yard: 1.5 metres iv. Minimum Front Yard setback to TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 68 - a canopy: 0.0 metres v. Minimum Front Yard setback to a Patio Wall Enclosure: 0.0 metres vi. Minimum Rear Yard: 6.0 metres vii. Minimum Interior Side Yard: 3.0 metres viii. Notwithstanding the requirements of Section 5.9, a total parking supply of 90 parking spaces shall be provided on the subject property, inclusive of 4 accessible parking spaces ix. A minimum of 4 bicycle parking shall be required x. Notwithstanding Section 5.13, the minimum TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 16 - 69 - dimensions of a loading space shall be 3.5 metres by 10.1 metres Exception No. Zone Permitted Uses Uses Prohibited Special Provisions Location By-Law No. 163 R4 (163) Minimum frontage: 6 metres Minimum rear yard setback to the garage: 0.6 metres Maximum building height: 13.0 metres 2019- 125 TOWN OF EAST GWILLIMBURY ZONING BY-LAW OFFICE CONSOLIDATION - OCTOBER 2020 Appendix 1 Part of Lot 1, Concession 4 Town of East Gwillimbury, Regional Municipality of York As it relates to Section 16, Exception No, 157