East Zorra-Tavistock, Ontario
· No. 2003-18
· summary & facts
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SECTION 4.0
DEFINITIONS
Page 4-1
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
In this By-Law, unless the context requires otherwise:
4.1
"ABATTOIR", means a building or structure, or portion thereof, where animals are
slaughtered for the purposes of processing meat into food for human consumption: and where
meat products are produced, processed, handled, stored or sold.
4.2
"ACCESSORY", when used to describe a use, building or structure means a use, a building
or a structure, that is subordinate and exclusively devoted to a main use, building or
structure and located on the same lot therewith.
4.3
"AGRICULTURAL-RELATED USES", means a farm-related commercial and farm-related
industrial use that is directly related to farm operations in the area, supports agriculture,
benefits from being in close proximity to farm operations and provides direct products and/or
services to farm operations as a primary activity.
(Added by By-Law 2021-09)
(All remaining section numbers have been renumbered due to the addition of definition(s))
4.4
"AIRSTRIP, PRIVATE", means land used for the purpose of landing, storing, taxiing or
taking-off of private aircraft, pursuant to the regulations of any competent authority having
jurisdiction.
4.5
"ALTER", when used in reference to a building, structure or part thereof, means to change
one or more of the internal or external dimensions of such building or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a lot, the word
"alter" means to decrease the width, depth or area thereof or to decrease the width, depth or
area of any required yard, setback, landscaped open space or parking area, or to change the
location of any boundary of such lot with respect to a street or lane, whether such alteration
is made by conveyance or alienation of any portion of said lot, or otherwise. The words
"altered" and "alteration" shall have corresponding meanings. When used in reference to a
use, to discontinue and replace a use, in whole or in part, with a use as defined herein which
is distinct and different from the discontinued use.
4.6
"AMENITY AREA", means an area or areas intended for use for recreation or aesthetic
purposes within the boundaries of a lot and may include landscaped open space, patios,
balconies, communal lounges, swimming pools, recreation facilities and any other areas
which may be used for recreational or aesthetic purposes, but shall not include any driveway
or parking area.
4.7
"ANIMAL KENNEL", means any lot, building, structure, or fenced run on or within which
household pets are housed or are to be housed, groomed, bred, boarded, trained or sold and
which may offer provisions for minor medical treatment.
4.8
"ASSEMBLY HALL", means a building or part of a building in which facilities are provided
for such purposes as meetings for civic, educational, political, religious, or social purposes
and shall include a banquet hall or private club.
February/21
SECTION 4.0
DEFINITIONS
Page 4-2
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.9
"ASPHALT OR CONCRETE BATCHING PLANT", means an industrial facility used for
the production of asphalt or concrete, used in building or construction and includes facilities
for the administration and management of the business, the stockpiling of bulk materials used
in the production process or of finished products manufactured on the premises and the
storage and maintenance of required equipment, but does not include the retail sale of
finished asphalt or concrete products.
4.10
"ATTIC", means the portion of a building situated wholly or in part within the roof and
which is not a one-half storey.
4.11
"AUTOMOBILE SERVICE STATION", means a retail place of business, the prime function
of which is the sale of automotive fuels and products and/or providing repair service,
washing and maintenance to motor vehicles, excluding body and fender work and painting.
4.12
"BASEMENT", means that portion of a building between two floor levels which is partly
underground but which has at least one half of its height, from finished floor to finished
ceiling, above the adjacent finished grade.
4.13
"BED AND BREAKFAST ESTABLISHMENT", means a single detached dwelling in which
no more than three guest rooms are made available by the resident of the dwelling for the
temporary accommodation of the travelling or vacationing public. Such establishments may
offer light meals to those persons temporarily residing at the establishment. A Bed and
Breakfast establishment shall not include a hotel or motel or eating establishment, as defined
herein.
4.14
"BOARDING OR LODGING", See "DWELLING".
(Amended by By-Law 2009-15)
4.15
"BOUNDARY ADJUSTMENT", means the alteration of the lot area and/or lot frontage of
an existing residential lot by a decision of the Oxford County Land Division Committee, or
by other legal means, but shall not include any alteration that results in the creation of a new
lot.
4.16
"BUILDING", means any edifice, whether temporary or permanent, used or intended to be
used for shelter, accommodation or enclosure of persons, animals, or chattels other than a
lawful boundary wall or fence.
4.17
"BUILDING INSPECTOR/CHIEF BUILDING OFFICIAL", means any person or persons
appointed by the Council of the Corporation, who is charged with the duty of enforcing the
provisions of the Ontario Building Code and Township By-Laws.
4.18
"BUSINESS OR PROFESSIONAL OFFICE", means an office in which any business is
carried on or any profession is practiced.
Mar. 31/21
SECTION 4.0
DEFINITIONS
Page 4-3
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.19
"BY-LAW ENFORCEMENT OFFICER, ZONING OFFICER OR CHIEF BUILDING
OFFICIAL", means a person or persons appointed by the Council of the Corporation and
who is charged with the duties of enforcing the provisions of the Zoning By-Law.
(Added by By-Law 2021-09)
4.20
"CARPORT", means a covered structure used for the storage of vehicles. The roof of said
structure shall be supported by piers or columns so that 50 percent or more of its wall area
adjacent to the lot line is unenclosed.
4.21
"CELLAR", means that portion of a building between two floor levels which is partly or
wholly underground and which has more than one half of its height, from finished floor to
finished ceiling, below adjacent finished grade.
4.22
"COMMUNICATIONS STRUCTURE", means a structure that is intended for transmitting
or receiving television, radio, or other telecommunications and an accessory building.
4.23
"COMMUNICATIONS ESTABLISHMENT", means any building, plant, works equipment
or infrastructure, which is used for the purpose of providing a telephone or
telecommunication service and associated office and administrative functions, including:
television and radio stations, cable companies, telephone and wireless service providers, and
other similar uses.
4.24
"CONCRETE BATCHING PLANT", See "ASPHALT OR CONCRETE BATCHING OR
MIXING PLANT"
4.25
"CONSERVATION PROJECT", shall mean the use of a lot, building or structure by the
Federal or Provincial Government, the County, the Corporation, a conservation authority, or
agent thereof or a educational or non-profit group, for the purpose of preserving, managing,
or studying natural resources.
4.26
"CONSULTANT IN AGRICULTURE", means a practicing agricultural professional
specializing in all aspects of sound agronomical, economical and environmental crop
production who has been certified and/or recommended by the Ontario Ministry of
Agriculture and Food and Rural Affairs (OMAFRA).
4.27
"CONTRACTOR'S SHOP OR YARD", means the premises of a construction company or
contractor used as a depot for the storage and maintenance of equipment used by the
contractor or company, and includes facilities for the administration or management of the
business shop or assembly work and the stockpiling or storage of supplies used in the
business and may include the accessory wholesale or retail sale of construction materials or
supplies or home improvement supplies.
4.28
"CONVERTED DWELLING ", - See "DWELLING ".
(Amended by By-Law 2009-15)
4.29
"CORPORATION ", means the Corporation of the Township of East Zorra-Tavistock.
February/21
SECTION 4.0
DEFINITIONS
Page 4-4
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.30
"COUNCIL", means the Municipal Council of the Corporation of the Township of East
Zorra-Tavistock.
4.31
"COUNTY", means the Corporation of the County of Oxford.
4.32
"COUNTY ROAD", means a street under the jurisdiction of the Corporation of the County.
4.33
"DAYCARE CENTRE", means a facility licensed under Provincial statute which
accommodates a minimum of 6 children for the purposes of providing temporary care for a
period of time not exceeding 24 hours.
4.34
"DEAD STOCK REMOVAL OPERATION" means a facility to which dead animals are
delivered for the purpose of obtaining the hide, skin, fats, meat, or other product of the dead
animals or for the purpose of selling or delivering the dead animals or parts thereof to a
rendering plant.
4.35
"DECK", means an unenclosed, uncovered structure exceeding an average height of 0.3 m
(1 ft) above grade level which is used as outside recreation area.
4.36
"DRIVEWAY", means a vehicle access provided from a street to a parking area, queue
space or loading space, or between two parking areas, but does not include a parking aisle.
4.37
"DWELLING", means a building occupied or capable of being occupied as the home or
residence of one or more persons, but shall not include a trailer, a mobile home, a motor
home or recreational vehicle as defined herein. A dwelling may include a mobile home for
the purposes of a second accessory dwelling to a farm in the A1 or A2 Zones.
4.37.1
"APARTMENT DWELLING", means a dwelling of two or more storeys
containing three or more dwelling units sharing a common hall or halls and a
common entrance at street level or above the first floor.
4.37.2
"BOARDING OR LODGING HOUSE", means a dwelling, containing not more
than four guest rooms used or maintained for accommodation of the public, in
which the owner or head lessee supplies, for hire or gain, lodgings with or without
meals for three or more persons but does not include any other establishment
otherwise defined or classified herein.
4.37.3
"CONVERTED DWELLING", means a single detached dwelling which has been
altered or converted to contain not more than two dwelling units, unless otherwise
specified in this By-law.
4.37.4
"DUPLEX DWELLING", means the whole of a dwelling that is divided
horizontally into two separate dwelling units each of which has an independent
entrance either directly from the outside or through a common vestibule.
4.37.5
"MOBILE DWELLING" See "MOBILE HOME".
February/21
SECTION 4.0
DEFINITIONS
Page 4-5
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.37.6
"MULTIPLE UNIT DWELLING", means a dwelling consisting of three or more
dwelling units, which are horizontally and/or vertically attached, which may be
entered from an independent entrance directly from the outside or from an internal
common space or an access balcony and in which 50% or more of dwelling units
have direct access to grade or a roof terrace. A multiple attached dwelling includes
a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street
fronting townhouse or apartment dwelling.
4.37.7
"SEMI-DETACHED DWELLING", means one of a pair of two attached dwelling
units, divided in whole or in part by a common interior vertical wall with a
minimum area above grade of 10 m2 (107.6 ft2), each of which has an independent
entrance either directly from the outside or through a vestibule.
4.37.8
"SINGLE DETACHED DWELLING", means a building that was designed and
built to contain only one dwelling unit. This term excludes a mobile home.
(Amended by By-Law 2021-09)
4.37.9
"STREET FRONTING TOWNHOUSE DWELLING", means a dwelling
consisting of three or more dwelling units that are aligned horizontally and divided
vertically in whole or in part by common walls, with a minimum area above grade
of 10 m2 (107.6 ft2), and each of which has an independent entrance directly from
the outside and fronts onto a public street.
4.38
"DWELLING UNIT", means a suite of two or more rooms, designed or intended to be used
for human habitation and to accommodate a single household, in which sanitary
conveniences and cooking facilities are provided and which has a private entrance either
from the outside of the building or through a common hallway.
4.39
"DWELLING UNIT AREA", means a habitable area contained within the inside walls of a
dwelling unit, excluding any private garage, carport, porch, verandah, unfinished attic,
cellar or sun room (unless such sun room is habitable in all seasons of the year) public or
common halls or areas, and stairways.
4.40
"EATING ESTABLISHMENT", means a building or part thereof, where food is offered for
sale or sold to the public for immediate consumption and includes such uses as a restaurant,
licensed tavern, cafe, cafeteria, ice cream parlours, tea or lunch room, dairy bar, coffee shop,
snack bar, refreshment room or stand.
4.41
"ELEVATION, AVERAGE", means the mean height above sea level, calculated along the
length of a building or structure.
4.42
"ERECT", when used in this By-Law, includes building, construction, reconstruction and
relocation, and without limiting the generality of the word, also includes:
4.42.1
any preliminary physical operation, such as excavating, filling or draining;
February/21
SECTION 4.0
DEFINITIONS
Page 4-6
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.42.2
altering any existing building or structure by an addition, enlargement, extension or
other structural change; and
4.42.3
any work which requires a building permit.
4.43
"ESTABLISHED BUILDING LINE", means the average setback from the street line of
existing buildings calculated along one side of one block where more than half of the
frontage of the said side of the block has been built upon. For the purposes of this By-Law, a
block is not considered to be more than 200 m (656.2 ft).
4.44
"EXISTING", means existing on the date of passing of this By- Law.
4.45
"FARM", means any agricultural use and includes: apiaries; aviaries, berry or bush crops;
breeding, raising or training horses or cattle; commercial greenhouses; animal kennels; farms
devoted to the hatching, raising and marketing of chickens, turkeys, or other fowl or game
birds, animals, fish or frogs; flower, vegetable or speciality crops; field crops; research and/or
breeding stations; mushroom farms; nurseries, orchards; riding stables; tree crops; wood lots;
seasonal farm shows and such accessory uses or enterprises as are customarily carried on in
the field of primary agriculture. A farm may include an on-farm composting facility and may
also include a bunk house for seasonal farm workers provided that the bunkhouse is located
on the farm on which the seasonal farm workers are employed and is constructed or anchored
in accordance with the Building Code. A bunk house shall not be used for more than 6
months in any calendar year.
4.45.1 "FARM, REGULATED" Farm, Regulated, means a farm unit that is regulated under
the Nutrient Management Act, 2002, as amended and its regulations or a municipal
Nutrient Management By-law.
(Amended by By-Law 2007-30)
4.46
"FARM AUCTION BARN", means a building or structure used predominantly as a livestock
auction facility and may include the auction of agriculturally related chattels on an incidental
or accessory basis only.
4.47
"FARM IMPLEMENT DEALER", means the use of land, buildings, or structures where
farm vehicles and equipment are stored for the purposes of sale, lease, or hire and where farm
vehicles and equipment are repaired or serviced.
4.48
"FARM UNIT", means the composite of all parcels operated as a farm, the principal farm
residence, any accessory residences, wood lot, barns and other structures necessary to
support agricultural and ancillary uses.
4.49
"FINISHED GRADE", see "GRADE, FINISHED"
4.50
"FRATERNAL LODGE OR INSTITUTIONAL HALL", shall mean a building, or portion
thereof, designed, used, or intended for use as a meeting place or assembly hall for the
members of an organization, association, fraternal order, or similar group, not operated for
profit and wherein athletic facilities, dining rooms and beverage rooms may be provided.
February/21
SECTION 4.0
DEFINITIONS
Page 4-7
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.51
"FRONTAGE" - See "LOT FRONTAGE".
4.52
"FRONT YARD" - See "YARD"
4.53
"FUEL STORAGE TANK", means a tank for the bulk storage of petroleum gasoline, fuel
oil, gas or flammable liquid or fluid but does not include a container for flammable liquid or
fluid legally and properly kept in a retail store or a tank for storage accessory to some other
use of the premises where such tank is located.
(Amended by By-Law 2009-15)
4.54
"GARAGE, PRIVATE", means a detached accessory building or portion of a dwelling which
is designed or used for the sheltering of private motor vehicles and storage of household
equipment incidental to the residential occupancy and which is fully enclosed, but excludes a
carport.
4.55
"GARDEN SUITE", means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing residential structure and that is designed
to be portable.
4.56
"GOLF COURSE", means a public or private area operated for the purpose of playing golf
and may include accessory uses such as driving ranges, miniature courses, club houses and
similar uses operated for commercial purposes.
4.57
"GRADE FINISHED", means the average elevation of the finished surface at the ground at
the base of a structure or of the main front wall of a building exclusive of any embankment
in lieu of steps.
4.58
"GROSS FLOOR AREA", means the aggregate of the horizontal areas of each floor whether
any such floor is above or below grade, measured between the exterior faces of the exterior
walls of the building or structure at the level of each floor, exclusive however, of:
4.58.1 any part of the building or structure below grade which is used for heating
equipment, the storage or parking of motor vehicles, storage and laundry facilities
and;
4.58.2 parts of buildings used for mechanical equipment, stairwells, elevators, or any part of
the building established below grade used for storage purposes.
4.59
"GROUND FLOOR AREA", means the maximum area of a building measured to the
outside walls excluding in the case of dwelling house, any private garage, carport, porch,
verandah or sunroom (unless such sunroom if habitable in all seasons of the year).
4.60
"GROUP HOME", means a single housekeeping unit, in a single detached dwelling, in
which three to ten persons, excluding supervisory staff or receiving family, live under
supervision consistent with the particular needs of its residents. The group home is licensed
or approved under provincial statutes.
February/21
SECTION 4.0
DEFINITIONS
Page 4-8
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.61
"GUEST ROOM", means a room or suite of rooms used or maintained for the
accommodation of the public but does not provide any facilities for the cooking or
preparation of meals.
4.62
"HEIGHT", means the vertical distance between the average elevation of the finished surface
of the ground at the front of the building and;
4.62.1 in the case of a flat roof, the highest point of the roof surface or the parapet,
whichever is the greater; or
4.62.2 in the case of a mansard roof, the deck roof line; or
4.62.3 in the case of a gable, hip or gambrel roof, the mean height between the eaves and the
ridge, exclusive of any accessory roof construction such as a chimney, tower, solar
collector, steeple, television antenna or dish; or
4.62.4 in the case of a quonset hut, three-quarters of the distance to the highest point of the
structure.
4.63
"HOME OCCUPATION", means any occupation or business for gain or profit conducted
entirely within a dwelling and/or an accessory building, but shall not include an eating
establishment or a public garage.
4.64
"HOSPITAL, PRIVATE", means a private hospital within the meaning of the Private
Hospitals Act.
4.65
"HOSPITAL, PUBLIC", means a public hospital within the meaning of the Public Hospitals
Act.
4.66
"HOTEL OR MOTEL", means any hotel, motel, inn, or lodge in one main building or in two
or more buildings on the same site and used mainly for the purposes of catering to the needs
of the travelling public by supplying food and furnishing sleeping accommodation of not less
than four guest rooms, which guest rooms contain no provisions for cooking, and includes all
premises licensed under the Liquor License Act and may include permanent staff
accommodation.
4.67
"INFRASTRUCTURE", means physical structures that form the foundation for
development. Infrastructure includes: sewage and water works, storm sewers, storm water
management facilities, waste management systems, electric power (excluding power
generation), communications, transit and transportation corridors and facilities, and oil and
gas pipelines and associated facilities, but shall not include any other use defined herein.
(Amended by By-Law 2009-15)
4.68
"LANDFILL SITE", means a garbage disposal area, operated by the County, employing an
engineering method of disposing of solid wastes and may include ancillary uses such as
waste transfer stations or storage areas, recycling facilities and resource recovery or reuse
operations.
February/21
SECTION 4.0
DEFINITIONS
Page 4-9
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.69
"LANDSCAPED OPEN SPACE", means the open unobstructed space at grade on a lot and
which is suitable for the growth and maintenance of grass, flowers, bushes, trees and other
landscaping and includes any surfaced walk, patio or similar area but does not include any
driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open
space beneath or within any building or structure.
4.70
"LANE", means a public thoroughfare which affords only a secondary means of vehicular
access to abutting lots and which is not intended for general traffic circulation.
4.71
"LIVESTOCK ASSEMBLY AND SALES YARD", means any land, buildings or structures
where livestock are temporarily assembled for subsequent sale or distribution.
4.72
"LONG TERM CARE FACILITY", means a building in which the proprietor supplies for
hire or gain, lodging with or without meals and, in addition, may provide nursing, medical or
similar care and treatment and may include a nursing home, rest home, convalescent home,
or home for the aged, but does not include any other establishment otherwise defined or
classified herein.
(Added by By-Law 2009-15)
4.73
"LOT", means a parcel or tract of land which is a whole lot as shown on a registered plan of
subdivision, but a registered plan of subdivision for the purposes of this subsection does not
include a registered plan which has been deemed not to be a plan of subdivision under a
by-law passed pursuant to The Planning Act or, a whole parcel or tract which is held under
separate ownership from adjacent lands according to the registration thereof in the Registry
Office or Land Titles Office.
4.73.1 "CORNER LOT", means a lot situated at the intersection of two streets, of which two
adjacent sides, that abut the intersecting streets, contain an angle of not more than
one hundred and thirty-five (135) degrees and where such adjacent sides are curved,
the angle of intersection of the adjacent sides shall be deemed to be the angle formed
by the intersection of the tangents to the street lines, drawn through the extremities of
the interior lot lines, provided that:
(i)
in the latter case, the corner of the lot shall be deemed to be that point on the
street line nearest to the point of intersection of the said tangents; and
(ii) any portion of a corner lot distant more than 30 m (98.4 ft) from the corner,
measured along the street line shall be deemed to be an interior lot.
4.73.2 "INTERIOR LOT", means a lot other than a corner lot.
4.73.3 "THROUGH LOT", means a lot bounded on two opposite sides by streets.
4.74
"LOT AREA", means the total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by Environmental Protection One overlay or
Environmental Protection Two overlay.
February/21
SECTION 4.0
DEFINITIONS
Page 4-10
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.75
"LOT COVERAGE", means that percentage of the lot area covered by the horizontal
projections of the area of all buildings, but excluding the area covered by uncovered decks,
balconies, canopies and overhanging eaves which are two meters or more in height above
finished grade.
(Amended by By-Law 2009-15)
4.76
"LOT DEPTH", means the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, "lot depth" means the length of a straight line joining
the middle of the front lot line with the middle of the rear lot line. When there is no rear lot
line, "lot depth" means the length of a straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot lines.
4.77
"LOT FRONTAGE", means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front lot line with either
the middle of the rear lot line or the apex of the triangle formed by the side lot lines and at a
point therein distant the required minimum front yard depth from the front lot line.
4.78
"LOT LINE", means any boundary of a lot or the vertical projection thereof.
4.78.1 "FRONT LOT LINE", means
(i)
in the case of an interior lot, the line dividing the lot from the street;
(ii) in the case of a corner lot, the shorter lot line abutting a street;
(iii) in the case of a through lot, the lot line where the principal access to the lot is
provided.
4.78.2 "REAR LOT LINE", means the lot line farthest from and opposite to the front lot
line, unless the lot has only 3 lot lines, in which case the lot shall be deemed to have
no rear lot line;
4.78.3 "SIDE LOT LINE", means a lot line other than a front or rear lot line;
4.78.4 "EXTERIOR SIDE LOT LINE", means a side lot line abutting a street.
4.79
"MEDICAL CENTRE", means a building or part thereof, other than a hospital, used solely
for the purpose of consultation, diagnosis and treatment of human patients by one or more
legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, massage
therapists, or drugless practitioners, together with their qualified assistants, and without
limiting the generality of the foregoing, the building may include administrative offices,
retail sale of medically related products, waiting rooms, treatment rooms, laboratories,
pharmacies and dispensaries directly associated with the centre and shall not include
accommodation for in-patient care or rooms for major surgery.
February/21
SECTION 4.0
DEFINITIONS
Page 4-11
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.80
"MINIMUM DISTANCE SEPARATION FORMULAE (MDS I AND MDS II)", means
formulae developed by the Ministries of Agriculture and Food and Environment to separate
uses so as to reduce incompatibility concerns about odour from livestock facilities.
4.81
"MOBILE HOME", means a prefabricated dwelling unit, with a minimum 65 m2 (700 ft2) of
gross floor area, constructed to be towed on its own chassis (notwithstanding that its running
gear is or may be removed), on a flatbed, or in or on other trailers, designed and equipped for
year-round occupancy and containing suitable sanitary facilities including a flush toilet,
shower or bathtub within the unit, but does not include a trailer as defined in this by-law.
All mobile homes shall comply with the CAN/CSA Z-240 standard as referenced in the
Ontario Building Code.
4.82
"MOTOR HOME", means a self-propelled vehicle designed for the temporary
accommodation of persons, but does not include a mobile home.
4.83
"MOTEL", means a hotel as defined herein.
4.84
MOTOR VEHICLE", includes an automobile, truck, motorized construction equipment,
farm tractor, motorized farm equipment, motor home, or recreational vehicle, and also
includes a trailer and any vehicle drawn or propelled by any kind of power, but does not
include any other type of motor vehicle, a bicycle, or any other device powered solely by
means of human effort.
(Amended by By-Law 2009-15)
4.84.1 "MOTOR VEHICLE, COMMERCIAL", means a motor vehicle having attached
thereto a truck or delivery body and also includes ambulances, hearses, tow-trucks,
motor buses, fire apparatus, and farm vehicles (including farm tractors) which are
used for hauling purposes on the highways.
4.85
"MUNICIPAL DRAIN", means a drainage system constructed under an engineer's report and
adopted by a by-law passed under the authority of the Drainage Act and shall include surface
and subsurface drainage, but does not include a sanitary sewer as defined herein.
4.86
"MUNICIPAL YARD", means any land, buildings or structures used for the purpose of
storing materials, vehicles and equipment which are necessary to the daily operations of the
Corporation, County or Province and includes such items as sand, salt, trucks, plows and a
fuel storage tank.
4.87
"NON-CONFORMING", means a use, building or structure which was lawfully occupied
and/or existed at the date of passing of this By-Law, but does not conform with the permitted
uses of this By-Law for the zones in which such use, building or structure is located.
(Amended by By-Law 2009-15)
4.88
"NON-COMPLYING USE", means a use of land, building or structure which is permitted
by this By-Law, and lawfully existed at the date of passing of this By-Law, but does not
comply with one or more zone provisions of this By-Law.
February/21
(Amended by By-Law 2009-15)
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.89
"NURSERY, RETAIL OR WHOLESALE ", means the use of lands, buildings or structures,
or portions thereof, where trees, shrubs, or plants are grown for the purpose of retail or
wholesale trade. A nursery may include the accessory sale of soil, planting materials,
fertilizers, garden equipment, ornaments and similar materials.
4.90
"NUTRIENT MANAGEMENT PLAN", means the science-based process for optimizing the
relationship between the land-based application of nutrients, farm management techniques,
crop requirements, and land use and is consistent with the nutrient management review
criteria of the Ontario Ministry of Agriculture, Food and Rural Affairs as well as with the
standards and practices of the Best Management Practices pertaining to nutrient management
published from time to time by the Ontario Ministry of Agriculture, Food and Rural Affairs.
(Amended by By-Law 2009-15)
4.91
"ON-FARM COMPOSTING FACILITY", means a structure used exclusively for the
composting of dead livestock and poultry and other organic materials generated on the farm
unit.
4.92
"ON-FARM DIVERSIFIED USE", means a use on a farm that is secondary to the principal
agricultural use of the property, and limited in area. On-farm diversified uses include, but are
not limited to, home occupations, home industries, agri-tourism uses, and uses that produce
value-added agricultural products, but shall not include a home occupation as defined
therein.
(Amended by By-Law 2021-09)
4.93
"ONE HUNDRED YEAR EROSION LIMITS", for lands adjacent to ravines, river valleys
and streams, the approved standards involving the combined influence of stable slope, 100
times the average annual recession rate, and an erosion allowance to define the erosion limits
for regulatory purposes.
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.94
"OPEN STORAGE", means the storage of raw or finished goods, equipment, or other
materials, but not the parking or storage of motor vehicles, in an area of a lot which is not
enclosed within a building or structure.
4.95
"OUTDOOR COMMERCIAL RECREATION FACILITY", means any lot or part of a lot
used to provide outdoor commercial recreational activities for a fee, such as ice skating rinks,
roller skating and roller blading parks, watersports facilities, commercial swimming pools,
baseball batting cages, ski hills, lawn bowling greens, or other similar uses, but shall not
include a seasonal trailer park or campground as defined herein, a go-cart track or any other
use which may create a nuisance in terms of odour or noise.
4.96
"PARK", means an area of land, consisting primarily of landscaped open space, used for
active or passive recreational purposes or as a conservation area, with or without related
recreational buildings, structures or facilities which may include a playground, a play area, a
refreshment room, a community centre, a field house, a bandstand, bleachers, a skating rink,
a horticultural greenhouse, a bowling green, a tennis or badminton court, a sports field, a
running track, a swimming area, a wading pool, a boating pond or lake, or a picnic area, but
not including a seasonal trailer park or campground, a mobile home park or any other use
separately defined or listed herein.
4.96.1 "PARK, PRIVATE", means a park other than a public park.
4.96.2 "PARK, PUBLIC", means a park owned or controlled by the Corporation, the
County, the Province, or by any Board, Commission or other Authority established
under any statute of the Province of Ontario.
4.97
"PARK, PASSIVE USE", means an area of land, consisting of landscaped open space,
which is used for recreational purposes which do not involve large concentrations of people
or activity on a regular basis, such as walking trails, conservation projects, ponds and picnic
areas.
(Added by By-Law 2009-15)
4.98
"PARKING AISLE", means a portion of a parking area which abuts, on one or more sides,
parking spaces to which it provides access, and which is not used for the parking of motor
vehicles.
4.99
"PARKING AREA", means an area provided for the parking of motor vehicles and may
include parking aisles, parking spaces and ingress and egress lanes, but shall not include any
part of a public street. Parking area may include a private garage.
4.100 "PARKING LOT", means any parking area whether or not such parking area is required
pursuant to the provisions of this By-Law.
4.101 "PARKING SPACE", means an area having an adequate means of ingress and egress to and
from a public street, lane or parking aisle for the temporary parking or storage of motor
vehicles, and may include a private garage.
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.102 "PERMITTED", means "permitted by this By-Law".
4.103 "PERSON", means any human being, association, firm, partnership, incorporated company,
Corporation, agent or trustee, and the heirs, executors or other legal representatives of a
person to whom the context of this By-Law can apply according to law.
4.104 "PERSONAL SERVICE ESTABLISHMENT", means a building, or part thereof, in which
persons are employed in providing services and otherwise administering to the individual
and personal needs of persons, including but not necessarily restricted to a barber,
hairdresser, aesthetician, massage therapist, tailor, dressmaker and shoemaker, dry cleaning
establishment, sun tanning shop and formal rental shop. The sale of merchandise shall be
permitted only as an accessory use to the personal service provided.
4.105 "PLACE OF ENTERTAINMENT", means a motion picture or other theatre, amusement
arcade, arena, auditorium, public hall, billiard or pool room, bowling alley, or dance hall; but
does not include any place of entertainment or amusement otherwise defined or classified
herein.
4.106 "PLACE OF WORSHIP", means a building dedicated to religious worship and may include a
church hall, church auditorium, Sunday School, convent, monastery, or parish hall, within the
Place of Worship.
(Added by By-Law 2009-15)
4.107 "PRIVATE GARAGE" - See "GARAGE, PRIVATE".
4.108 "PROCESSING PLANT FOR AGRICULTURAL PRODUCTS AND/OR BY-
PRODUCTS", means a lot, building or structure used for the processing of products directly
derived from agriculture and may include the processing, storage and transport of such
products, but does not include a rendering plant or an abattoir.
(Amended by By-Law 2009-15)
4.109 "PUBLIC GARAGE", means a building or place where motor vehicles are hired or kept or
used for hire, or where such vehicles and gasoline or oils are stored or kept for sale, or a
building or place used for the purpose of servicing, maintaining, repairing (including body
and fender work and painting), washing or cleaning motor vehicles, but does not include any
use otherwise defined or classified herein.
4.110 "PUBLIC LIBRARY", means a public library within the meaning of The Public Libraries
Act.
4.111 "PUMP ISLAND", means that portion of an automobile service station, public garage or
portion of non-residential use for the retail sale of gasoline, that includes the gas pumps,
concrete base, overhead canopy and kiosk, but shall not include any part of any building for
the repair or service of motor vehicles.
February/21
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.112 "RECREATIONAL OR ATHLETIC FACILITY OR CLUB", means a building designed and
intended to accommodate various forms of indoor sports and recreation and shall include an
arena, gymnasium, fitness centre, ice rink or curling facility, tennis, squash, handball and
badminton courts and roller rinks.
4.113 "RECREATIONAL TRAIL", an area used for hiking, horseback riding, cross country skiing
or other similar forms of non-motorized recreational travel.
4.114 "RECREATIONAL VEHICLE", means any registered vehicle and shall include only the
following; a snowmobile, a boat, a motor home, a trailer as defined herein; or a trailer for
the hauling of snowmobiles or boats.
4.115 "RENDERING PLANT", means a premises at which dead animals are processed into hides,
meat, bone meal, meat meal or inedible fats, as per the Dead Animal Disposal Act, R.S.O.
1990 as amended;
4.116 "RETAIL STORE", means a building, or part of a building, in which goods, wares,
merchandise, or articles are offered for sale, but does not include any establishment
otherwise defined or classified herein.
4.117 "RISK MANAGEMENT OFFICIAL", means the risk management official appointed under
Part IV of the Clean Water Act, S.O. 2006, as amended.
(Added by By-Law 2021-##)
4.118 "SALVAGE YARD", means an establishment where goods, wares, merchandise, and articles
are dismantled or recycled for further use and where such goods, wares, merchandise and
articles are stored and kept for sale wholly or partly in the open and shall be restricted to a
junk yard, a scrap metal yard, and an automobile wrecking yard, and may include an
accessory building. Such goods, wares, merchandise, and articles shall not include
hazardous waste, except compounds such as fuel, oil, and freon, which are necessarily
collected as part of the dismantling or recycling operation, provided that the handling of such
compounds is in accordance with all applicable Federal and Provincial environmental
requirements.
4.119 "SAND OR GRAVEL PIT", means any pit or excavation made for the removal of any soil,
sand or gravel for commercial and/or municipal purposes, but shall not include a stone quarry
or a topsoil or peat extraction operation, an excavation incidental to the erection of a building
or structure for which a building permit has been granted by the Corporation, an excavation
incidental to the construction of any public works, or a soil processing operation.
4.120 "SANITARY SEWER", means a system of underground conduits, operated either by the
County or the Province of Ontario, which carries sewage to a place of treatment.
4.121 "SCHOOL", means an educational establishment, including:
4.121.1
"PUBLIC SCHOOL", means a school under the jurisdiction of a public agency.
February/21
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.121.2
"PRIVATE SCHOOL", means a school, other than a public school or a
commercial school, under the jurisdiction of a private board of trustees or
governors, a religious organization or a charitable institution.
4.121.3
"COMMERCIAL SCHOOL", means a school where instruction is given for hire
or gain and includes the studio of a dance or music teacher, an art, business or
trade school, and any other such specialized school conducted for hire or gain.
4.122 "SEASONAL TRAILER PARK OR CAMPGROUND", means the use of land, from April 15th
until October 31st, for the purpose of recreational camping, and buildings and structures
accessory thereto, where people are temporarily accommodated in tents, motor homes, or
trailers, but shall not include mobile homes, park model trailers or any dwelling or dwelling
unit designed, used or intended for year-round residential occupancy, unless specified
otherwise by this By-Law.
4.123 "SEPTIC SYSTEM AND/OR HOLDING TANK", means a sewage system that stores and/or
treats human waste on-site and is subject to approval under the Building Code Act, R.S.O.
1992, as amended, or Ontario Water Resources Act, R.S.O. 1991, as amended. These
systems shall include, but are not limited to, greywater systems, cesspools, leaching bed
systems and associated treatment units and holding tanks, and shall not include sewage
treatment plants.
(Added by By-Law 2021-09)
4.124 "SEMI-DETACHED DWELLING " - See "Dwelling".
(Amended by By-Law 2009-15)
4.125 "SERVICE SHOP", means a building or part of a building not otherwise defined or classified
herein for the servicing or repairing of articles, goods or materials.
4.126 "SETBACK", means the horizontal distance from the centreline of the street allowance,
measured at right angles to such centreline to the nearest part of any building or structure on
the lot.
4.127 "SOIL PROCESSING OPERATION", means the use of any land, building or structure for
the purpose of storing, mixing, composting and packaging any soil, soil conditioning agents,
wood chips and related materials, compost or manure.
4.128 "STOREY", means the portion of a building, other than an attic or cellar, included between
any floor level and the floor, ceiling or roof next above it.
4.129 "STREET", means a public highway or public road which affords the principal means of
access to abutting lots but does not include a lane or a private right-of-way. "COUNTY
ROAD" and "TOWNSHIP ROAD" mean a County Road and Township Road as defined
herein.
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.129.1
"STREET, IMPROVED", means a street assumed by the Corporation, the
County or the Province of Ontario which has been constructed in such a manner
so as to permit its use by normal vehicular traffic and shall include a street under
construction within a registered plan of subdivision for which a subdivision
agreement has been entered into with The Corporation. The definition shall not
include a lane or private right-of-way.
4.130 "STREET LINE", means the limit of the street allowance and is the dividing line between a
lot and a street.
4.131 "STRUCTURE", means anything constructed or erected, the use of which requires location
on the ground, or attached to something having location on the ground and, without limiting
the generality of the foregoing, includes a vehicle as defined in The Highway Traffic Act but
does not include a parking area.
4.132 "STUDIO", means a building or part thereof used as the work place of a photographer,
craftsman or artist or for the instruction of art, music, dancing, languages or similar
disciplines.
4.133 "THIRD PARTY REVIEW", means a review of a Nutrient Management Plan by staff of the
Ontario Ministry of Agriculture and Food or a Consultant in Agriculture, and includes
confirmation that a Nutrient Management Plan is consistent with the nutrient management
review criteria standards and practices of the Nutrient Management Plan Best Management
Practices published from time to time by the Ontario Ministry of Agriculture and Food.
4.134 "TOWNSHIP ROAD", means a street under the jurisdiction of the Corporation.
4.135 "TRAILER" means any portable unit so constructed as to be suitable for attachment to a
motor vehicle and capable of being used for the temporary accommodation of persons. This
definition shall not include a mobile home.
4.136 "TRUCK TRANSPORTATION TERMINAL", means the use of land, buildings, or
structures where commercial motor vehicles are loaded or unloaded, stored, serviced, rented,
leased, kept for hire, or parked for remuneration or from which commercial motor vehicles
are dispatched as common carriers, or where goods are stored temporarily for further
shipment.
4.137 "USE", when used as a noun, means the purpose for which a lot or a building or structure, or
any combination thereof is designed, arranged, intended, occupied or maintained and
"USES" shall have a corresponding meaning. "USE", when used as a verb, or "TO USE"
shall have a corresponding meaning.
4.138 "VETERINARY CLINIC", means a building or part thereof, wherein animals of all kinds
may be treated or kept for treatment by a registered veterinarian and where such animals may
be temporarily boarded.
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4.139 "WAREHOUSE", means a building or part thereof which is used for the storage, adapting for
sale, packaging or wholesale distribution of goods, wares, merchandise, foodstuff, substances
or articles, but does not include a fuel storage tank except as an accessory use.
4.140 "WATERCOURSE", is a stream of water which flows along a defined channel, with beds
and banks, for a sufficient time to give it substantial existence. This may include streams
that dry up periodically.
4.141 "WATER SUPPLY", means a distribution system of underground piping and related storage,
including pumping and purification appurtenances operated by the Corporation, the County
and/or the Province of Ontario.
(Amended by By-Law 2009-15)
4.142 "WAYSIDE SAND OR GRAVEL PIT OR STONE QUARRY", means a temporary sand
and gravel pit or stone quarry opened and used by the Corporation, the County or the
Province of Ontario solely for the purpose of a road construction project and not located on
the road right-of-way.
(Amended by By-Law 2009-15)
4.143 "YARD", means an area adjacent to a building, structure or excavation, located on the same
lot as the building, structure or excavation, and which area is open, uncovered and
unoccupied, except for such accessory buildings, structures or uses as are specifically
permitted elsewhere in this By-Law.
(Amended by By-Law 2009-15)
4.143.1
"FRONT YARD", means an area extending across the full width of the lot
between the front lot line of the lot and the nearest part of any excavation, or main
building on the lot.
4.143.2
"FRONT YARD DEPTH", means the least horizontal dimension between the
front lot line of the lot and the nearest part of any building, structure or excavation
on the lot, or the nearest open storage use on the lot.
4.143.3
"REAR YARD", means an area extending across the full width of the lot between
the rear lot line of the lot and the nearest part of any excavation or main building
on the lot.
4.143.4
"REAR YARD DEPTH" means the least horizontal dimension between the rear
lot line of the lot and the nearest part of any building, structure or excavation on
the lot, or the nearest open storage use on the lot.
4.143.5
"SIDE YARD", means an area extending from the front yard to the rear yard and
from the side lot line of the lot to the nearest part of any excavation or main
building on the lot. In the case of a lot which has no rear lot line, the side yard
shall extend from the front yard to the opposite side yard.
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Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
4.143.6
"SIDE YARD WIDTH" means the least horizontal dimension between the side lot
line of the lot and the nearest part of any building, structure or excavation on the
lot, or the nearest open storage use on the lot.
4.143.7
"EXTERIOR SIDE YARD", means a side yard immediately adjoining a public
street. A required exterior side yard shall extend from the required front yard to
the required rear lot line.
(Added by By-Law 2021-09)
4.143.8
"INTERIOR SIDE YARD", means a side yard other than an exterior side yard.
4.144 "YARD, REQUIRED", means an area with the minimum front yard depth, rear yard depth
or side yard width required by the provisions of this By-Law. A required side yard shall
extend from the required front yard to the required rear yard.
4.145 "ZONING OFFICER/BY-LAW ENFORCEMENT OFFICER", means a person or persons
appointed by the Council of the Corporation and who is charged with the duties of enforcing
the provisions of The Zoning By-Law.
February/21