Zoning By-law No. 2003-18, Section 2 - Interpretation

East Zorra-Tavistock, Ontario · No. 2003-18 · summary & facts

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SECTION 2.0 INTERPRETATION AND SCHEDULES Page 2-1 Township of East Zorra-Tavistock Zoning By-Law Number 2003-18 2.1 SCHEDULES TO THE BY-LAW The following schedules are included in and form part of this By-Law. Schedule "A" - Zone Maps comprised of the Index Map, Key Map Legend, and Key Maps 1 to 54 inclusive Schedule "B" - Parking Space Requirements comprising Schedule "B-1", "B-2" and "B-3" inclusive (Amended by By-Law 2009-15) (Amended by By-Law 2021-09) 2.2 INTERPRETATION 2.2.1 SHORT TITLE This By-Law shall be cited as the "Zoning By-Law" of the Corporation of the Township of East Zorra-Tavistock. 2.2.2 ZONE BOUNDARIES Zone boundaries are construed to be property lines, Township lot lines, street lines, railways, boundaries of Registered Plans, Provincially significant environmental features and boundaries of areas licensed under the Aggregate Resources Act. In the case where uncertainty exists as to the boundary of any zone, then the location of such boundary shall be determined in accordance with the scale of Schedule "A" to the original drawing scale. 2.2.3 For the purposes of this By-Law, the definitions and interpretations given herein shall govern 2.2.4 For the purposes of this By-Law, words used in the present tense include the future; words in singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall include the words "intended to be used" and "designed to be used or occupied." 2.2.5 For the purposes of this By-Law, words that appear in Italicized text, excluding headings or titles, are defined in Section 4. 2.3 LOTS WITH MORE THAN ONE ZONE Where a lot is divided into more than one zone, each such portion of the lot shall be considered as a separate lot for the purposes of determining zone provisions of this By-Law and shall be used in accordance with the provisions of this By-Law for the applicable zones, but no lot shall have more than one residential dwelling on the whole except as specifically provided in this By-Law. February/21 SECTION 2.0 INTERPRETATION AND SCHEDULES Page 2-2 Township of East Zorra-Tavistock Zoning By-Law Number 2003-18 2.4 LOTS CONTAINING MORE THAN ONE USE Where any land, building or structure is used for more than one non-residential use, all provisions of this By-Law shall be complied with for each use, except in the case of lot area, lot frontage, lot coverage and minimum yard requirements in which case the most restrictive requirement shall apply. 2.5 ENVIRONMENTAL PROTECTION OVERLAYS Mapping for the Environmental Protection 1 (EP1) and the Environmental Protection 2 (EP2) Overlays are provided by the Ministry of Natural Resources and Forestry and have been mapped onto Schedule "A". Due to the differences in scale, discrepancies may occur. Such discrepancies shall be resolved through an Environmental Impact Study, or at the direction of the Conservation Authority having jurisdiction and/or the Ministry of Natural Resources and Forestry. The EP1 and EP2 Overlays shall be updated as new data becomes available through Environmental Impact Studies, or from the Ministry of Natural Resources and Forestry and/or the appropriate Conservation Authority. The extent of the existing EP1 and EP2 Overlays shown on Schedule "A" shall be updated accordingly without the requirement for a zoning by-law amendment. (Amended by By-Law 2021-09) 2.6 INTERPRETATION OF MEASUREMENT Measurements are given in both metric and imperial units in this By-Law. For the purposes of this By-Law, the metric unit shall govern. 2.7 MINIMUM DISTANCE SEPARATION FORMULAE I AND II (MDS I AND II) For the purposes of this By-Law, Minimum Distance Separation Formulae I and II (MDS I and II) shall be calculated based on the Minimum Distance Separation (MDS) Formulae Guidelines prepared by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the Ministry of Environment, Conservation and Parks (MOECP), as amended from time to time. For the purposes of this section, MDS II calculations will use the settlement areas listed in subsection 2.7.2. Where there is a discrepancy between these guidelines and this By-Law, the provisions of the By-Law shall prevail. Notwithstanding the MDS I and II guidelines, the following will be applied in the calculation of required MDS I and II setbacks: (Amended by By-Law 2007-30) (Amended by By-Law 2021-09) February/21 SECTION 2.0 INTERPRETATION AND SCHEDULES Page 2-3 Township of East Zorra-Tavistock Zoning By-Law Number 2003-18 2.7.1.1 Where an agricultural building or structure, or manure storage structure, is being erected, altered and/or used for the housing of livestock, in an A1 or A2 zone, in the vicinity of an existing institutional use located outside of a designated settlement defined in 2.7.2.1, with the exception of a public or private school or daycare centre, the MDS II setbacks shall be calculated using a Type A Land Use. (Amended by By-Law 2007-30) 2.7.1.2 Where an agricultural building or structure, or manure storage structure, is being erected, altered and/or used for the housing of livestock, in an A1 or A2 zone, in the vicinity of an existing settlement, as defined in Section 2.7.2.1, or any lot zoned HC, or any lot zoned REC (excepting a passive recreational use), the MDS II setbacks shall be calculated using a Type B Land Use. In all other circumstances, with the exception of calculating setbacks from the nearest side or rear lot line, nearest road allowance, and subsection 2.7.1 above, the MDS II setbacks shall be calculated using a Type A Land Use. (Amended by By-Law 2007-30) 2.7.1.3 Notwithstanding any other provision of this By-Law to the contrary, MDS I and MDS II shall apply to agricultural-related uses and on-farm diversified uses and/or zones, unless otherwise stated in this Zoning By-Law. (Added by By-Law 2021-09) 2.7.2 For the purposes of this subsection, settlements are defined as those zoned areas shown on Schedule "A" on the following Key Maps: Key Maps 3-8 - Tavistock (Serviced Village); Key Map 18 - Cassel (Rural Cluster); Key Map 26 - Braemar (Rural Cluster); Key Map 28 - Strathallan (Rural Cluster); Key Maps 29 and 30 - Hickson (Village); Key Map 31 - Braemar Side Road (Rural Cluster); Key Map 36 - Huntingford (Rural Cluster); Key Map 41 - Unamed Settlement (Rural Cluster); Key Map 43 - Havelock Corners (Rural Cluster); Key Maps 47-50 - Innerkip (Serviced Village); Key Map 52 - Valleyfield Drive (Rural Cluster); Key Map 53 - Unamed Settlement (Rural Cluster); and Key Map 54 - 11th Line (Rural Cluster). (Amended by By-Law 2009-15) February/21 SECTION 2.0 INTERPRETATION AND SCHEDULES Page 2-4 Township of East Zorra-Tavistock Zoning By-Law Number 2003-18 2.8 CONSERVATION AUTHORITY REGULATION LIMIT Mapping for the Conservation Authority Regulation Limit is provided, or the extent of this limit has been estimated, by the Conservation Authorities having jurisdiction within the Corporation and have been mapped on Schedule "A". The Conservation Authority Regulation Limit shall be updated as new information becomes available from the Conservation Authorities and Schedule "A" shall be updated accordingly without the requirement for a Zoning By-Law amendment. (Amended by By-Law 2009-15) (Amended by By-Law 2021-09) 2.9 SOURCEWATER PROTECTION AREAS Mapping for the Source Protection Overlays on Schedule "A" of this By-Law is intended to reflect the mapping of Well Head Protection Areas (WHPAs) A, B and C in the most recently approved Source Protection Plans that apply to the Township. The mapping of the Source Protection Overlays on Schedule "A" of this By-Law shall be updated to reflect any updates to the location and/or extent of the WHPA in the Source Protection Plan mapping without the requirement for a Zoning By-Law amendment. In the case of a conflict between the mapping of the Source Protection Overlays in this By-Law and the applicable mapping in an approved Source Protection Plan, the latter shall prevail. (Amended by By-Law 2009-15) (Amended by By-Law 2021-09) 2.10 MINOR BY-LAW AMENDMENTS Minor grammatical, typographic, cross section references and formatting amendments to the Township of East Zorra-Tavistock Zoning By-Law 2003-18 shall be permitted to be made by the Township of East Zorra-Tavistock without an amendment to this By-Law. (Added by By-Law 2009-15) 2.11 FIGURES AND APPENDICES Figures, appendices and illustrations included in this By-Law are for interpretation purposes only and do not form part of the Township of East Zorra-Tavistock Zoning By-Law 2003-18. (Added by By-Law 2009-15) February/21