Zoning By-law No. 2003-18, Section 5 - General Provisions
East Zorra-Tavistock, Ontario
· No. 2003-18
· summary & facts
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SECTION 5.0
GENERAL PROVISIONS
Page 5-1
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
The contents of this Section are:
SUBSECTION
PAGE
5.1
ACCESSORY USES
5-2
5.2
CONSTRUCTION USES PERMITTED
5-3
5.3
CONTROL OF ANIMALS, BIRDS, AND REPTILES
5-4
5.4
CONSERVATION AUTHORITY REGULATION LIMIT
5-4
5.5
CONVERTED DWELLING
5-4
5.6
CORNER LOTS
5-5
5.7
DWELLING UNITS BELOW GRADE
5-5
5.8
ESTABLISHED BUILDING LOT
5-6
5.9
EXISTING LOTS HAVING LESS AREA, LOT DEPTH
AND/OR FRONTAGE
5-6
5.10
GARDEN SUITES
5-7
5.11
GREATER RESTRICTIONS
5-7
5.12
GROUP HOMES
5-8
5.13
HOME OCCUPATION
5-8
5.14
LOADING PROVISIONS
5-10
5.15
MUNICIPAL DRAINS
5-11
5.16
MUNICIPAL SERVICES
5-11
5.17
NON-CONFORMING AND/OR NON-COMPLYING
USES, SITES AND BUILDINGS
5-12
5.18
ON-FARM DIVERSIFIED USES
5-15
5.19
PARKING PROVISIONS
5-15
5.20
PLANTING STRIPS
5-22
5.21
PROHIBITED USES IN ALL ZONES
5-23
5.22
PUBLIC USES
5-23
5.23
SIGHT TRIANGLES
5-25
5.24
SIGNIFICANT ENVIRONMENTAL FEATURES
5-25
5.25
SITE PLAN CONTROL
5-30
5.26
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
5-30
5.27
SLOPE AND EROSION HAZARD AREA RESTRICTIONS
5-30
5.28
SOURCEWATER PROTECTION
5-30
5.29
STREET FRONTAGE REQUIRED
5-32
5.30
STORAGE OR PARKING OF RECREATIONAL
VEHICLES IN RESIDENTIAL ZONES
5-32
5.31
THROUGH LOTS
5-33
5.32
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5-33
5.33
WAYSIDE SAND OR GRAVEL PITS AND STONE QUARRIES
5-35
(Amended by By-Law 2009-15)
(Amended by By-Law 2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-2
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
5.1.1
ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED
Where this Zoning By-Law provides that a lot may be used or a building or structure
may be erected or used for a particular purpose, that purpose shall include any
accessory building or structure or accessory use provided that:
(Amended by By-Law 2009-15)
5.1.1.1
it is not to be used for any occupation for gain or profit, except as permitted in this
Zoning By-Law.
5.1.1.2
it is not to be used for human habitation, except as permitted in this Zoning By-
Law; and
5.1.1.3
it complies with the provisions set out in Table 5.1.1.3 below, except where it is
specifically regulated in this Zoning By-Law.
TABLE 5.1.1.3 - REGULATIONS FOR ACCESSORY USES
Provision
ER, RE and RR Zone
R1, R2 and R3 Zones
All Other Zones
Permitted Location
Any yard other than a
required front yard and
exterior side yard
Any yard other than a
required front yard and
exterior side yard
To the rear of the required
Front yard, in accordance with
the yard and setback provisions
of the zone in which such
building or structure is located.
Minimum Distance
from Main Buildings
1.2 m (3.9 ft)
2.0 m (6.6 ft)
Maximum Height
5.5 m (18 ft)
4.0 m (13.1 ft)
See appropriate Zone
Side Yard Setback
1.2 m (3.9 ft)
See appropriate Zone
Lot Coverage
10% of lot area, or
280 m² (3014 ft²) of
gross floor area,
whichever is the lesser
10% of the lot area, or
100 m2 (1076.4 ft2) of
gross floor area,
whichever is the lesser
See appropriate Zone
(Amended by By-Law 2007-30)
(Amended by By-Law 2021-09)
5.1.2
Notwithstanding any provision of Table 5.1.1.3 to the contrary, the following
provisions shall also apply:
i)
on a residentially or entrepreneurially zoned lot, one accessory building, not
exceeding 10 m2 (107.6 ft2) in gross floor area may be excluded from the
calculation of total lot coverage;
(Added by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-3
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
ii)
an accessory building not exceeding 10.0 m² (107.6 ft²) in gross floor area
shall be setback a minimum of 0.6 m (2 ft) from an interior side lot line or
rear lot line.
(Added by By-Law 2021-09)
iii)
buildings or structures that are accessory to uses other than a dwelling will be
subject to the maximum height provisions as specified in the zone in which
they are located.
(Added by By-Law 2021-09)
5.1.3
EXCEPTIONS
The following accessory uses are not subject to the provisions of Table 5.1.1.3:
awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, central air
conditioning units, heat pumps, air exchangers, or similar accessory uses;
5.1.4
SWIMMING POOLS
The area of an unenclosed swimming pool shall not be calculated in determining total
lot coverage.
(Amended by By-Law 2009-15)
5.2
CONSTRUCTION USES PERMITTED
5.2.1
Any part of a lot may be used for temporary buildings or structures such as, a tool
shed, development sales office, construction trailer, scaffold, or sign (but not a
development marketing sales sign, unless otherwise permitted by a Sign Control By-
Law) associated with construction work occurring on such lot provided that:
(Amended by By-Law 2009-15)
5.2.1.1
the building or structure is only located on the lot for the duration of the construction
work or as long as a valid building permit for such construction is in effect or for a
period of (1) year whichever is the lesser;
5.2.1.2
the building or structure is located outside of any sight triangle; and
5.2.1.3
the building or structure is not used for human habitation.
5.2.1.4
the building or structure is outside of an Environmental Protection (EP)1 or
Environmental Protection 2 (EP2) Overlay.
(Amended by By-Law2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-4
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.3
CONTROL OF ANIMALS, BIRDS AND REPTILES
Where an Animal Control By-Law has been passed by the Township, then within any
Zone, except within any Agricultural Zone defined in this Zoning By-Law, the
prohibition or regulation of the keeping of animals, birds or reptiles, shall be
controlled by such By-Law.
5.4
Conservation Authority Regulation Limit
The Conservation Authority Regulation Limit applies to lands where regulations are
in effect pursuant to the Conservation Authorities Act. This area is shown as a dotted
line on Schedule "A" of this Zoning By-Law.
(Added by By-Law 2021-09)
5.4.1 Limitations on Permitted Uses
Notwithstanding any provisions of the underlying zone, where regulations are in
effect pursuant to the Conservation Authorities Act, no building or structure, with the
exception of those designated, used or intended for floor or erosion control purposes,
shall be erected or used on lands which exhibit a hazardous condition as a result of
their instability, susceptibility to flooding, erosion, subsidence, inundation, or
presence of organic soils or steep slopes, unless a permit or other permission has been
obtained from the Conservation Authority having jurisdiction.
(Added by By-Law 2021-09)
5.5
CONVERTED DWELLINGS
5.5.1
IDENTIFICATION OF THE ZONE
A converted dwelling is permitted subject to a zoning by-law amendment and will be
identified by adding the -C suffix to the parent Zone.
(Amended by By-Law 31-09)
5.5.2
MINIMUM LOT AREA
Where sanitary sewers are not available
0.4 ha (1 ac)
Where served by both sanitary sewers and
public water supply
600 m2 (6,458.5 ft2)
5.5.3
MINIMUM DWELLING SIZE
Conversion of an existing single detached dwelling to two dwelling units will only be
permitted provided that the existing dwelling has a minimum gross floor area of
140 m2 (1,508 ft2).
(Amended by By-Law 2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-5
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.5.4
ZONE REQUIREMENTS
The converted dwelling shall comply with all other residential use zone provisions of
the zone in which such converted dwelling is located.
5.5.5
LOCATION
For converted dwellings located outside of a settlement as defined in Section 2.7.2.1,
the dwelling shall be required to satisfy the minimum distance separation
requirements, as determined through the application of the Minimum Distance
Separation Formula I (MDS I), in accordance with Section 2.7, prior to permitting
the conversion to two dwelling units.
Dwellings located within a settlement defined in Section 2.7.2.1 shall be required to
satisfy the MDS I or not further reduce an existing insufficient setback relative to the
MDS I, whichever is the lesser.
(Amended by By-Law 2009-15)
5.5.6
ALTERATIONS TO DWELLING
Alterations to an existing single detached dwelling shall not have the effect of
increasing the gross floor area of the existing dwelling by more than 25% in order to
allow the conversion to two dwelling units.
(Amended by By-Law 2009-15)
5.5.7 EXTERIOR STAIRWAYS
There shall be no exterior stairways except for one open fire escape, provided that it
is located in the rear yard or interiorside yard.
(Amended by By-Law 2021-09)
5.6
CORNER LOT
Where a residential building in a Residential Zone is located on a corner lot, the
requirements of this By-Law for a minimum interior side yard and minimum rear
yard may be interchanged.
(Added by By-law 2021-09)
5.7
DWELLING UNITS BELOW GRADE
No dwelling units shall be created in a cellar or basement, where the building or
structure is located within the floodplain of any watercourse or municipal drain.
(Amended by By-Law 2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-6
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.8
ESTABLISHED BUILDING LINE
Notwithstanding any provisions of this Zoning By-Law to the contrary, where a single
detached, semi-detached or duplex dwelling or an accessory use thereto is to be erected in a
built up area and there is an established building line, such dwelling or accessory use may be
erected closer to the street line or the centre line of the street, as the case may be, than
required by this Zoning By-Law, provided such dwelling or accessory use is not erected
closer to the street line or to the centre line of the street, as the case may be, than the
established building line on the date of passing of this Zoning By-Law. In no event shall any
building or structure be erected closer than 3 m (9.8 ft) to the front lot line.
(Added by By-Law 2009-15)
5.9
EXISTING LOTS HAVING LESS AREA, LOT DEPTH, AND/OR FRONTAGE
5.9.1
Where a lot having a lot area, lot depth, and/or lot frontage of not more than 20%
less than that required in this Zoning By-Law is held under distinct and separate
ownership from abutting lots, as shown by a registered conveyance in the records of
the Registry or Land Titles Office at the date of the passing of this Zoning By-Law,
or where such a lot is created as a result of an expropriation, such smaller lot may be
used and a building or structure may be erected, altered or used on such smaller lot,
provided that all other requirements of this Zoning By-Law are complied with.
5.9.2 EXISTING LOTS IN AN A2 ZONE
Notwithstanding any other provisions of this Zoning By-Law to the contrary, in an
A2 Zone, where a lot having a lot area of at least 16 ha (39.5 ac) is held under
distinct and separate ownership from abutting lots as shown by a registered
conveyance in the records of the Registry Office on the 17th day of August, 1988, or
such lot results from a boundary adjustment, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot, provided
that all other requirements of this Zoning By-Law are complied with.
(Amended by By-Law 2009-15)
5.9.3
EXISTING RESIDENTIAL LOTS
Notwithstanding any other provisions of this Zoning By-Law to the contrary, where a
lot is zoned RE, RR, R1 or R2, and contained within one of the following registered
plans: M-21, 41M-115 and 41M-161, or such lot was created by the Oxford County
Land Division Committee or Oxford County Council through Part Lot Control or a
decision of the Ontario Municipal Board, and where such lot has lesser lot area, lot
frontage and/or lot depth than required by this Zoning By-Law, such smaller lot may
be used and a building or structure may be erected, altered or used on such smaller
lot, provided that all other requirements of this Zoning By-Law are complied with.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-7
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.10
GARDEN SUITES
5.10.1
ZONING AMENDMENT REQUIRED
Prior to placing a garden suite on a lot, an amendment to this Zoning By-Law under
Section 39 of the Planning Act, R.S.O. 1990, as amended, will be required. The by-
law will prescribe the period of time, up to ten years, authorizing the temporary use
of the garden suite.
5.10.2
GARDEN SUITE OCCUPANCY
The garden suite shall be occupied by:
the retired parents or grandparents of a lot owner or the lot owner's spouse, or
the retiring lot owner provided that the main dwelling is occupied by the son,
daughter or grandchild of the retiring lot owner.
5.10.3
LOCATION OF GARDEN SUITE
A garden suite located on lots outside of a settlement, as defined in Section 2.7.2.1,
shall be required to satisfy the minimum distance separation requirements as
determined through the application of the Minimum Distance Separation Formula I
(MDS I).
(Amended by By-Law 2007-30)
A garden suite located within a Rural Cluster, as defined in Section 2.7.2.1, shall be
required to satisfy the MDS I or not further reduce an existing insufficient setback
relative to the MDS I, whichever is the lesser.
5.10.4
ZONE REQUIREMENTS
The garden suite shall be placed to the rear or side of the main dwelling on the lot
and shall comply with the zone requirements of the zone in which such garden suite
is located.
5.10.5
HEIGHT AND GROUND FLOOR AREA REQUIREMENTS
Notwithstanding the requirements of Section 5.9.4, the garden suite shall not exceed
one storey in height and shall have a minimum gross floor area of 50 m2 (538.2 ft2)
and a maximum gross floor area of 70 m2 (753.5 ft2) and shall be portable.
5.11
GREATER RESTRICTIONS
This Zoning By-Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a governmental authority having jurisdiction to make such
restrictions.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-8
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.12
GROUP HOMES
5.12.1
WHERE PERMITTED
Group homes may be permitted in the following zones, subject to a Zoning By-Law
amendment:
a)
the Limited Agricultural Zone (A1) and the General Agricultural Zone (A2); and
b)
Residential Type 1 (R1), Central Commercial (CC) and Insitutional (I) Zones,
where the lot is served by sanitary sewers and public water supply.
5.12.2
LOCATION OF GROUP HOME
Group homes hereafter erected outside of a designated settlement, as defined in
Section 2.7.2.1, shall meet the minimum distance separation requirements as
determined through the application of the Minimum Distance Separation Formula I
(MDS I), in accordance with Section 2.7 of this Zoning By-Law.
5.12.3
ZONE REQUIREMENTS
A group home shall comply with the zone provisions for dwellings permitted in the
zone in which such use is located.
5.13
HOME OCCUPATION
5.13.1
WHERE PERMITTED
A home occupation is permitted subject to complying with all appropriate zoning
provisions in all zones permitting a residential dwelling unit and shall be permitted
within the residential dwelling unit and/or an accessory building.
5.13.2
FLOOR AREA LIMIT
Not more than the cumulative total of 25 m2 (269.1 ft 2) of gross floor area of the
residential dwelling unit and/or accessory building shall be used for the purposes of
the home occupation use.
5.13.3
STORAGE, DISPLAY AND SIGNAGE
There shall be no external storage of goods or materials and no external display or
advertising other than one sign with an area of not more than 1 m2 (10.8 ft2).
Mar. 31/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-9
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.13.4
EMPLOYEES
A maximum of one person, other than a person residing on the lot, may be employed
by the home occupation.
(Amended by By-Law 2009-15)
5.13.5
RETAIL SALES AND SHIPPING AND RECEIVING
Retail sale of items made in the home occupation or items which are accessory and
pertain directly to the home occupation is permitted.
The home occupation shall not include the shipping or receiving of goods or material
by commercial motor vehicles greater than 4,000.0 kg (8,818.3 lbs) gross vehicle
weight.
(Amended by By-Law 2009-15)
5.13.6
REPAIR USES
Repair of goods shall be prohibited, except for household appliances and electronic
equipment as part of an approved home occupation.
(Amended by By-Law 2009-15)
5.13.7
BED AND BREAKFAST ESTABLISHMENT
A bed and breakfast establishment shall be considered a home occupation where
located in a single detached dwelling house. Notwithstanding the gross floor area
limit for a home occupation in subsection 5.13.2, a bed and breakfast establishment
shall be limited to three guest rooms.
5.13.8
HOME DAYCARE
A home daycare, located in a single-detached, a semi-detached dwelling, a duplex
dwelling or a converted dwelling with accommodation for up to and including 5
children, shall be considered a home occupation. The gross floor area limit for a
home occupation in subsection 5.13.2, shall not apply to a home daycare.
5.13.9
ZONE REQUIREMENTS
The home occupation shall comply with all other zone requirements of the zone in
which such home occupation is located.
Mar. 31/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-10
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.14
LOADING PROVISIONS
5.14.1
LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure in a Commercial,
Institutional, Industrial, Village, Agri-Business or Recreational Zone, erected or used
for any purpose involving the receiving, shipping, loading or unloading of persons,
animals goods, wares and merchandise and raw materials shall provide and maintain
at the premises, on the lot occupied by the building or structure and not forming part
of a street or lane, within the zone in which such use is located, loading or unloading
facilities in accordance with the rates set out in Table 5.14.1.
TABLE 5.14.1 - LOADING SPACE REQUIREMENTS
Zone
Gross Floor Area
Number of Loading
Spaces Required
Commercial,
Institutional, Industrial,
Village, Agri-Business,
Recreational
350-2,000 m2 (3,767.5-21,528.5 ft2)
2,001-6,500 m2 (21,539.3-69,967.7 ft2)
6,501-12,000 m2 (69,978.5-129,171.2 ft2)
greater than 12,000 m2 (129,171.2 ft2)
1
2
3
4
5.14.2
STANDARDS FOR LOADING SPACES
All loading spaces must be rectangular and comply with the provisions of Table
5.14.2 below:
TABLE 5.14.2 - LOADING SPACE STANDARDS
Design Provision
Minimum Standard
Length
9.0 m (29.5 ft)
Width
3.5 m (11.5 ft)
Vertical Clearance
4.0 m (13.1 ft)
Location
1.5 m (4.9 ft) from interior side lot and
rear lot lines and a minimum distance of
10 m (32.8 ft) from the front or exterior
lot line.
Access Driveway Width
6.0 m (19.7 ft)
5.14.3
LOADING SPACE CALCULATION
The gross floor area shall be used for the purposes of calculating the requirement to
provide loading spaces.
Mar. 31/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-11
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.14.4
LOADING SPACE SURFACE
The driveways and loading spaces shall be constructed of asphalt, concrete, portland
cement binder, recycled asphalt, or a stable surface of material such as crushed stone
or gravel which is maintained or treated so as to prevent the raising of dust or loose
particles.
(Amended by By-Law 2009-15)
5.14.5
ADDITIONS TO BUILDING
The loading space requirements referred to herein shall not apply to any building in
existence at the date of passing of this Zoning By-Law so long as the gross floor area
as it existed at such date is not increased. If an addition is made to the building or
structure which increases the gross floor area, then additional loading spaces shall be
provided as required by subsection 5.14.1 of the By-Law for such addition.
5.15
MUNICIPAL DRAINS
No buildings or structures shall be erected within 15.0 m (49.2 ft) from the top-of-
bank of any open municipal drain within the limits of the Corporation. In addition to
the foregoing, no person shall use any lot or erect, alter or use any building or
structure within 5.0 m (16.4 ft) of an enclosed municipal drain, with the exception of
any livestock barn and/or manure storage facility, which shall be located a minimum
of 15.0 m (49.2 ft) from an enclosed municipal drain, and buildings or structures
within a designated settlement area which shall be located a minimum of 3.0 m
(9.8 ft) for an enclosed municipal drain.
(Amended by By-Law 2007-30)
(Amended by By-Law 2009-15)
(Amended by By-Law 2021-09)
5.16
MUNICIPAL SERVICES
5.16.1
No land shall be used or built upon within a serviced settlement area and no building
or structure shall be erected, used or expanded for any purpose unless the land is
serviced by municipal services (municipal water, sanitary sewers, drainage systems
and improved streets) which meet the municipal standards in effect and have
adequate capacity to service the use or development.
5.16.2
Notwithstanding the foregoing, the following may be permitted without full
municipal services:
(Added by By-Law 2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-12
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.16.2.1
Additions to existing residential dwellings and construction of buildings and
structures accessory to existing residential dwellings, provided the said additions
and/or accessory buildings comply will all other provisions of the zone in which the
dwelling is located and do not require any other approval under the Planning Act,
R.S.O. 1990 and that the addition has been reviewed and approved by the septic
approval authority.
5.16.2.2
Mobile food vending units shall not be required to connect to municipal services.
(Added by By-Law 2021-09)
5.17
NON-CONFORMING AND/OR NON-COMPLYING USES, SITES AND BUILDINGS
5.17.1
CONTINUATION OF EXISTING USES
The provisions of this Zoning By-Law shall not prevent the use of any lot, building or
structure for any purpose prohibited by this Zoning By-Law if such lot, building or
structure was lawfully used for such purpose on the date of passing of this Zoning
By-Law, and provided that it continues to be used for that purpose.
For the purposes of Section 5.16, a barn used for housing livestock shall be deemed
to comply, provided that it continues to be used to house the same type of livestock
as it did on the date of passing of this Zoning By-Law.
5.17.2
NON COMPLYING BUILDING LOCATION
Notwithstanding any provisions of this Zoning By-Law to the contrary, any building
or structure, which lawfully existed at the date of passing of this Zoning By-Law,
shall be deemed to comply with the relevant provisions of this Zoning By-Law
pertaining to setbacks from a streetline, yards and lot coverage, provided that no
portion of any such building or structure encroaches on any abutting road allowance
or lot. Extensions or additions to any such building or structure shall still be subject
to the provisions of Section 5.16.6.
(Amended by By-Law 2009-15)
5.17.3
BUILDING PERMIT ISSUED
The provisions of this Zoning By-Law shall not apply to prevent the erection or use
for a purpose prohibited by this Zoning By-Law of any building or structure, the
plans for which have been approved, prior to the date of passing of this Zoning By-
Law by the Chief Building Official, so long as the building or structure when erected
is used and continues to be used for the purpose for which it was erected and
provided the erection of such building or structure is commenced within 6 months
after the date of passing of this Zoning By-Law and such building or structure is
completed within a reasonable time after the erection thereof is commenced.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-13
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.17.4
STRENGTHENING OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS
Nothing in this Zoning By-Law shall prevent the strengthening to a safe condition
any building or structure or part of any non-conforming and/or non-complying
building or structure provided that the alteration or repair does not increase the
height, size or volume of the building or structure or change the use of the building
or structure.
For the purposes of this Zoning By-Law, a barn used for housing livestock shall be
deemed to comply with this provision, provided that it continues to be used to house
the same type of livestock as it did on the date of passing of this Zoning By-Law.
(Amended by By-Law 2009-15)
5.17.5
REPLACEMENT OF NON-CONFORMING OR NON-COMPLYING BUILDINGS
Where a non-conforming and/or non-complying building or structure is damaged or
demolished due to an accidental cause, or is in a poor state of repair, as determined
by a qualified professional, nothing in this Zoning By-Law shall prevent the
replacement of the non-conforming or non-complying building or structure provided
that:
(Amended by By-Law 2009-15)
5.17.5.1
the building or structure is occupied by the same use, or by a permitted use; and
5.17.5.2
the building or structure is located on or within the limits of the foundation walls of
the building or structure as they existed prior to such destruction; and
5.17.5.3
the height and floor area of such replacement does not exceed the height and floor
area of the building as it existed prior to such destruction; and
5.17.5.4
the building or structure does not encroach on a municipal road allowance; and
5.17.5.5
the building or structure is replaced and reoccupied within one year of such
destruction;
5.17.5.6
the building or structure does not further reduce an existing deficient MDS II setback.
(Added by By-Law 2003-07)
5.17.6
EXTENSIONS TO NON-COMPLYING BUILDINGS
Nothing in this Zoning By-Law shall prevent an extension or addition being made to
non-complying building or structure provided that:
5.17.6.1
the use, building or structure existed at the date of passing of this Zoning By-Law but
does not comply with one or more of the zone provisions of this Zoning By-Law; and
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-14
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.17.6.2
that such extension or addition does not contravene any of the zone provisions of this
Zoning By-Law;
5.17.6.3
Notwithstanding Section 5.17.5.2, for a residential use in any residential zone, that
such extension of addition does not further contravene any of the zone provisions of
this Zoning By-Law.
5.17.7
MODIFICATION OR ADDITIONS TO NON-CONFORMING AND/OR NON-COMPLYING
LIVESTOCK FACILITIES
Nothing in this Zoning By-Law shall prevent a modification, extension or addition
being made to a non-conforming and/or non-complying building used for the housing
of livestock, provided that:
5.17.7.1
the use, building or structure existed at the date of passing of this Zoning By-Law but
does not comply with one or more of the zone provisions of this Zoning By-Law; and
5.17.7.2
that such modification, extension or addition does not contravene any of the zone
provisions of this Zoning By-Law, in accordance with Section 2.7. of this Zoning
By--Law;
5.17.7.3
Notwithstanding 5.17.7.2., where an existing barn used for the housing of livestock
does not comply with the required MDS II setbacks, calculated in accordance with
Section 2.7, any modification, extension or addition resulting in a change of use, may
be permitted provided that:
(a)
the proposed modification, extension or addition results in a decrease in the
existing livestock type or change in livestock type that decreases the number
of nutrient units;
(b)
the MDS II setbacks required for the modified or enlarged building are less
than, or equal to, the MDS II setbacks required for the existing livestock
facility; and
(c)
the existing insufficient MDS II setbacks for the existing livestock building
from neighbouring uses and lot lines are not being further reduced.
(Amended by By-Law 2007-30)
5.17.8
NON-COMPLIANCE DUE TO PUBLIC ACQUISITION
Where the area of a lot is reduced as a result of the public acquisition of a part of a lot
and where this acquisition causes any building or structure existing on the lot to
become non-complying relative to the zone provisions, then nothing in this Zoning
By-Law shall prevent the continued use of the building or structure provided that no
subsequent change is made to the lot which would increase the extent of the non-
compliance.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-15
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
Where a vacant lot is reduced as a result of the public acquisition of part of the lot
such that the zone provisions relating to lot frontage, lot depth, and/or lot area
become non-compliant, then nothing in this Zoning By-Law shall prevent the
erection of a building provided that all other zone provisions are complied with.
5.17.9
EXISTING AGRICULTURAL USES
Notwithstanding any other provisions of this Zoning By-Law to the contrary, where
an existing lot in an A2 Zone is developed for a farm, but not an regulated farm, and
contains existing farm buildings and structures, additional farm buildings and
structures, excluding a dwelling, may be erected or existing farm buildings and
structures may be altered in accordance with the following minimum requirements
and all other provisions of the A2 zone.
(Amended by By-Law 2009-15)
5.17.9.1
LOT AREA
Minimum
4 ha (9.9 ac)
5.17.9.2
LOT FRONTAGE
Minimum
60 m (196.9 ft)
5.17.10
MINOR VARIANCES TO THE ZONING BY-LAW
A minor variance approved by the Township of East Zorra-Tavistock Committee of
Adjustment in relief to the provisions of By-Laws No. 11-76 and 15-83 of the
Township of East Zorra-Tavistock shall still remain in effect and a building permit
may be issued by the Chief Building Official provided that the terms and conditions
of any decision of the Committee of Adjustment have been complied with.
5.18
ON-FARM DIVERSIFIED USES
(Added by By-Law 2009-15)
(Deleted by By-Law 2021-09)
5.19
PARKING PROVISIONS
5.19.1
GENERAL REQUIREMENTS FOR PARKING AREAS
5.19.1.1
OFF-STREET PARKING AREAS REQUIRED
Unless otherwise stated in this Zoning By-Law, motor vehicle parking spaces must
be provided on the same lot as the building to which such parking is associated in
accordance with the parking standards set out in Section 5.19.2.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-16
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.1.2
MORE THAN ONE USE PER LOT
In a building or structure in which more than one use is located, the total requirement
for parking will be the sum of the requirements applied to each separate use, unless
otherwise expressly stated
5.19.1.3
PARTS TO BE CONSIDERED AS REQUIRED SPACES
Where the application of the parking standards as set out in Section 5.19.2 results in
part of a parking space being required, such part will be considered as one required
space.
5.19.1.4
USE OF PARKING AREAS AND SPACES
5.19.1.4.1
All required parking spaces must be used exclusively for that purpose and must not
be used for any other purpose; and
5.19.1.4.2
Where a parking area or space is permitted or required under this Zoning By-Law, no
person shall use such area or space, in any zone, for parking any motor vehicle unless
such vehicle is operative, used in operations incidental to the permitted uses in
respect of which such parking area or space is provided, and bearing a motor vehicle
license plate which is currently valid.
5.19.1.4.3
COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES
No person shall use any lot, building or structure in a Residential Zone for the
parking or storage of any commercial motor vehicle unless he or she is the owner or
occupant of such lot, building or structure, and provided that said vehicle shall not
exceed 4000 kilograms (8,818.3 lb) Gross Vehicle Weight (unloaded) as registered
with the appropriate regulating authority and provided that not more than one
commercial motor vehicle is stored in accordance with this Section.
No person shall use any lot, building, structure, or street in a Residential Zone for the
parking or storage of any tractor trailer or part thereof. This provision shall not
include commercial motor vehicles or tractor-trailers which temporarily attend at
residential premises for the purposes of delivery and/or service provided to the
occupants of such residential premises.
Notwithstanding subsection 5.19.1.4.3, a maximum of 2 of either a school bus or a
tractor and/or trailers may be parked or stored on a lot in an A1 or A2 zone, and a
maximum of 1 school bus or 1 tractor and/or trailer may be parked or stored on a lot
in an RE or RR zone, located outside of a settlement, as defined in Section 2.7.2.1.
5.19.1.5
ACCESS TO PARKING SPACE
A parking space must have unobstructed access from a public street by either a
driveway or an aisle leading to a driveway.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-17
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.1.6
PARKING SPACE AND PARKING AISLE STANDARDS
Motor vehicle parking spaces and parking aisles shall comply with the standards set
out in Table 5.19.1.6 and be in accordance with Schedule "B" of this Zoning By-
Law.
TABLE 5.19.1.6 - PARKING SPACE AND AISLE STANDARDS
Angle of the Parking
Spaces
Minimum Perpendicular
Width of the Aisle
Depth of Parking
Space
Width of Parking
Space
30 degree
3.4 m (11.2 ft)
4.6 m (15.1 ft)
for cars parked side
by side 2.7 m (8.9 ft),
for cars parked with
wall or fence
adjacent 3.0 m
(9.8 ft)
45 degree
3.7 m (12.1 ft)
5.5 m (18.0 ft)
55 degree
4.3 m (14.1 ft)
5.8 m (19.0 ft)
60 degree
4.9 m (16.1 ft)
5.8 m (19.0 ft)
65 degree
5.2 m (17.1 ft)
5.8 m (19.0 ft)
70 degree
5.5 m (18.0 ft)
5.8 m (19.0 ft)
90 degree
6.7 m (22.0 ft)
5.5 m (18.0 ft)
parallel parking
4 m (13.1 ft) for one way
traffic and 6 m (19.7 ft) for
two way traffic
6.5 m (21.3 ft)
angle other than those
listed
Shall meet the requirements for the angle of
parking which is greater than the angle being
provided
5.19.1.7
DRIVEWAY STANDARDS
The following standards apply to driveways providing ingress and egress to parking
spaces from County Roads. Standards applicable to entrances from Township Roads
shall be in accordance with the Township of East Zorra-Tavistock Entrances from
Roadways By-Law:
(Amended by By-Law 2009-15)
5.19.1.7.1
MINIMUM WIDTH ONE-WAY ACCESS
Where the access to a parking space is provided directly by a driveway from a public
street, the driveway must be at least 3.0 m (9.8 ft) in width and no more than 9.0 m
(29.5 ft) in width;
5.19.1.7.2
WIDTH OF JOINT ACCESS
Where a joint ingress and egress driveway is provided to a parking aisle, the
driveway width measured along the street line shall be at least 6.7 m (22 ft) in width
and no more than 9.0 m (29.5 ft) in width.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-18
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.1.7.3
NUMBER OF DRIVEWAYS PERMITTED
Every lot shall be limited to not more than 2 driveways up to the first 30.0 m (98.4)
of frontage; and not more than 1 additional driveway for each additional 30.0 m
(98.4 ft) of frontage, provided that where a lot has more than 1 driveway, a separation
of at least 9.0 m (29.5 ft) shall be maintained between each driveway, as measured
along the streetline between the said driveways.
5.19.1.7.4
DISTANCE FROM INTERSECTION
The minimum distance between a driveway and an intersection of street lines
i)
7.5 m (24.6 ft) in all Residential Zones; and
ii)
9.0 m (29.5 ft) in all other Zones.
5.19.1.8
PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles. They shall, before being used, be constructed of crushed stone,
slag, gravel, recycled asphalt, crushed brick (or tile), cinders, asphalt or concrete and
with provisions for drainage facilities.
5.19.1.9
ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to any building in
existence at the date of passing of this Zoning By-Law so long as the floor area, as it
existed at such date, is not increased, and the building or structure is used for a
purpose which does not require more parking spaces according to subsection 5.19.2
of this Zoning By-Law than were required by its use at the date of passing of this
Zoning By-Law. If an addition or change of use is made to a building or structure as
it existed at the date of passing of this Zoning By-Law, then additional parking
spaces shall be provided to the number required for such addition or change in use.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-19
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.2
MOTOR VEHICLE PARKING STANDARDS
5.19.2.1
OFF-STREET PARKING REQUIRED
Off-street parking for motor vehicles must be provided as set out in Table 5.19.2.1.
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Use
Number of Vehicle Parking Spaces
Required
Residential Uses
- single detached dwelling
- duplex dwelling
- semi-detached dwelling
- converted dwelling
- mobile dwelling
- street fronting townhouse
dwelling
- 2 per dwelling unit
- bed and breakfast
- boarding or lodging house
- 1 per guest room
- home occupation
- 1 space
- garden suite
- 1 per garden suite
- residential units in a portion of a
non-residential building
- multiple unit dwelling
- apartment dwelling
- 1.5 per dwelling unit
Business Uses
- commercial school
- financial institution
- funeral home
- laundromat
- personal service establishment
- retail store
- service shop
- studio
- 1 per 20.0 m2 (215.3 ft2) of gross floor area
- eating establishment
- 1 per 9.0 m2 (96.9 ft2) of gross floor area
- wholesale establishment
- 1 per 90.0 m2 (968.8 ft2) of gross floor
area
- hotel or motel
- 1.2 per guestroom
Office Uses
- business or professional office
- government administrative
offices
- 1 per 20.0 m2 (215.3 ft2) gross floor area
- animal kennel
- medical centre
- veterinary clinic
- Minimum of 4 spaces or 6.0 per 100.0 m2
gross floor area whichever is greater
Industrial Uses
- truck transportation terminal
- 1 per 100.0 m2 (1,076.4 ft2) gross floor
area
SECTION 5.0
GENERAL PROVISIONS
Page 5-20
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Use
Number of Vehicle Parking Spaces
Required
- warehouse
- 1 per 185.0 m2 (1,991,4 ft2) of gross floor
area
- all other industrial uses
- 5 plus 1 per 90.0 m2 (968.8 ft2) of gross
floor area
Institutional Uses
- place of worship
- 1 for every 5 seats capacity, or 1 for each
5.0 m2 (53.8 ft2) of floor area used for a
hall or auditorium, whichever is greater.
- school
- 1 per classroom, or 1 per 5.0 m2 (53.8 ft2)
of floor area in the gymnasium and/or
auditorium, whichever is greater.
- long term care facility
- 1 per 3 beds or fraction thereof
- group home
- 4 spaces
Leisure and
recreation type
uses
- museum
- library
- recreational or athletic facility
or club
- 1 per 20.0 m2 (215.3 ft2) of gross floor
area. Playing areas for squash, tennis,
handball and badminton courts are to be
excluded for the purposes of calculating
parking.
- arena or community centre
- assembly hall
- fraternal lodge or institutional
hall
- place of entertainment
- 1 per 10.0 m2 (107.6 ft2) of gross floor
area or 1 space for every 5 seats whichever
is greater
- bowling alley
- 4 per lane
- curling facility
- 4 per curling sheet
Other Uses
- All other uses permitted by this
Zoning By-Law other than those
listed in this table
- 1 per 40.0 m2 (430.6 ft2) of gross floor
area
(Amended by By-Law 2009-15)
5.19.2.2
ACCESSIBLE PARKING
5.19.2.2.1
Accessible parking spaces shall be provided in two sizes for all non-residential
and multiple residential uses including an apartment dwelling, boarding or
lodging house and multiple unit dwelling, as identified on Schedule "B-3":
i)
Type A shall have a minimum width of 3.4 m (11.2 ft) and a minimum
length of 5.5 m (18 ft)
ii)
Type B shall have a minimum width of 2.7 m (8.9 ft) and a minimum
length of 5.5 m (18 ft).
(Amended by By-Law 2009-15)
February/21
(Amended by By-Law 2021-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-21
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.2.2.2
ACCESSIBLE PARKING AISLE REQUIREMENTS
A parking aisle shall be provided for all accessible parking spaces and may be shared
by two adjacent parking spaces, in accordance with the following provisions:
i)
A parking aisle shall have a minimum width of 1.5 m (4.9 ft) and extend the
full length of the parking space.
ii)
A parking aisle shall be marked with high tonal contrast diagonal lines,
which discourages parking, where the surface is asphalt, concrete or some
other hard surface.
(Amended by By-Law 2021-09)
5.19.2.3
TANDEM PARKING
Where parking is provided at the dwelling unit in an individual driveway, the
required parking for that dwelling may be provided by a tandem parking space.
5.19.3
LOCATION OF PARKING AREAS
5.19.3.1
YARDS AND SETBACKS
Motor vehicle parking areas must be situated in accordance with the requirements set
out in Table 5.19.3.
TABLE 5.19.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
Zones
Yards Where Parking is
Permitted
Setback of Parking From:
Street
Line
Interior
Side Lot
Line
Rear
Lot
Line
Residential or Village
Zones, residential units
with individual driveways
All yards, provided that no more
than 50% of the front yard or
exterior side yard is used for a
parking area.
1.0 m
(3.3 ft)
---
---
Residential Zone, units
without individual
driveways
Interior side yard
Rear yard
--
1.5 (4.9 ft)
1.5 m
(4.9 ft)
Commercial, Institutional,
Industrial, Agricultural,
Mixed Use, Development
and Recreational Zones
All yards
1.0 m
(3.3 ft)
---
---
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-22
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.19.3.2
PARKING SPACE LOCATION ON OTHER LOT
Where the owner of a building or structure proposes to provide the required parking
spaces and areas in a location other than on the same lot as the use that requires such
spaces and areas, then such spaces and areas shall be located not more than 150.0 m
(492.1 ft) from the said lot and shall be located within the same zone as the said lot.
A site plan agreement shall be registered on the title of the lands used for off-site
parking, committing those spaces to the related use.
5.19.4
ATTACHED GARAGES FOR SINGLE DETACHED, SEMI-DETACHED, DUPLEX AND
TOWNHOUSES
5.19.4.1
Garage Width
In no case shall the width of a garage attached to a dwelling exceed 50% of the lot
width measured from the centreline of the interior wall to the outside of the exterior
wall. In no case shall the width of a garage attached to a dwelling exceed 75% of the
building measured from the centreline of the interior wall to the outside of the
exterior wall.
(Added by By-Law 2021-09)
5.20
PLANTING STRIPS
5.20.1
REQUIREMENTS FOR NON-RESIDENTIAL USES
5.20.1.1
Where a lot is used for any Non-Residential purpose and the interior side or rear lot
line abuts a residential use or undeveloped land in a Residential Zone or
Development Zone, then a strip of land adjoining such abutting lot line, or portion
thereof, shall be used for no other purpose than a planting strip in accordance with
the provisions of this subsection.
5.20.1.2
Where such lot is in an Industrial Zone and the front, side or rear lot line abuts a
portion of a street, the opposite side of which portion of the street abuts a residential
use or undeveloped land in a Residential Zone or Development Zone, then a strip of
land adjoining such abutting lot line, or portion thereof, shall be used for no other
purpose than planting in accordance with the provisions of this subsection.
5.20.2
WIDTH
Where a planting strip is required in any zone and consists of landscaping or a berm,
the planting strip shall have a minimum width of 3.0 m (9.8 ft). A planting strip
consisting of a privacy fence or wall shall have a minimum width of 1.0 m (3.3 ft).
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-23
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.20.3
CONTENTS
A planting strip shall be used for no other purpose than for a row of trees, a
continuous unpierced hedgerow of evergreens or shrubs, a berm, a wall, or a privacy
fence, not less than 1.5 m (4.9 ft) high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required hereunder, arranged in such a way
as to form a dense or opaque screen; with the remainder of the strip used for shrubs,
flower beds or grass, ground cover or a combination thereof.
5.20.4
DRIVEWAYS AND WALKS
In all cases where the ingress and egress of a driveway and/or walk extend through a
planting strip, it shall be permissible to interrupt the planting strip within 3.0 m
(9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said
walks.
5.20.5
LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any landscaped open
space required by this Zoning By-Law.
5.21
PROHIBITED USES IN ALL ZONES
The following uses are prohibited in all zones, either alone or in conjunction with other uses,
unless specifically cited as a permitted use in a specific zone:
A track for the driving, racing or testing of automobiles, motorcycles, snowmobiles, all-
terrain vehicles or any other motorized vehicles.
(Amended by By-Law 2009-15)
5.22
PUBLIC USES
5.22.1
PUBLIC SERVICES
The provisions of this Zoning By-Law shall not apply to the use of any lot or to the
erection or use of any building or structure for purposes of providing public services:
i)
by the Corporation or the County as defined by the Municipal Act;
ii) by any utility system operated by the Corporation or another body on behalf of
the Corporation which provides said utility to the residents of the Corporation
and possessing all the necessary powers, rights, licenses and franchise;
iii) by any gas, oil or water pipeline, telephone line, cable television line or any
similar utility service line, including any substation, transformer, regulator,
compressor or similar utility service building or structure;
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-24
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
iv) any Conservation Authority established by the Government of Ontario;
v)
any department of the Government of Ontario or Canada, including Hydro One;
vi) for any use permitted under The Railway Act or any other statute of Ontario or
Canada governing railway operations, including tracks, spurs and other railway
facilities provided that where such lot, building or structure is located in any
zone:
5.22.1.1
no goods, material or equipment shall be stored in the open, except as permitted in
such zone;
5.22.1.2
any height of building, yards, planting strips, parking, loading, setback and lot
coverage provisions of the zone within which the use is located shall be complied
with. In residential zones, the use shall be enclosed in a building designed and
maintained in a manner that is generally compatible with residential buildings of the
same type permitted in such zone;
5.22.1.2.1
Notwithstanding the yard and setback provisions of this Zoning By-Law to the
contrary, for public water and sewage facilities in any zone, the following provisions
shall apply:
FRONT, REAR, AND SIDE YARDS
Minimum Depth
1.2 m (3.9 ft)
5.22.2
STREETS AND INSTALLATIONS
Nothing in this Zoning By-Law shall prevent land to be used as a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve
or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or
underground hydro, telephone or other supply line or communication line provided
that the location of such main, line or fixture has been approved by the Corporation
and/or the County.
(Amended by By-Law 2009-15)
5.22.3
EXCEPTIONS
5.22.3.1
Where in this Zoning By-Law under the heading of "USES PERMITTED", a use is
specifically permitted in a zone, which use without such reference thereto would be
permitted in any zone pursuant to the provisions of subsection 5.22.1, then such use
shall be deemed to be permitted only within the zone or zones making such specific
reference thereto and the said subsection 5.22.1 shall not apply to such use.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-25
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.22.3.2
Notwithstanding any provisions of this Zoning By-Law to the contrary, new
infrastructure or utilities will only be permitted within any zone located outside of
designated settlements, as defined in subsection 2.7.2.1 of the By-Law, or on lands
within an EP1 and EP2 Overlay as shown on Schedule "A" of this Zoning By-Law or
Fish Habitat Protection Area as defined on Schedule "C" of this Zoning By-Law,
where such infrastructure or utility has first been approved through an environmental
assessment process.
(Amended by By-Law 2009-15)
5.23
SIGHT TRIANGLES
5.23.1
On a corner lot within the triangular space formed by the street lines and a line drawn
from a point on one street line to a point in the other street line, each such point
being 7.0 m (23.0 ft), measured along the street line from the point of intersection of
the street lines, no building, structure, planting or vehicle shall be located in such a
manner as to impede vision between a height of 0.6 m (2.0 ft) and 4.0 m (13.1 ft)
above the centreline grade of the intersecting streets.
On a corner lot abutting a County Road, within the triangular space formed by the
street lines and a line drawn from a point on one street line to a point in the other
street line, each such point being 9.0 m (29.5 ft), measured along the street line from
the point of intersection of the street lines, no building, structure, planting or vehicle
shall be located in such a manner as to impede vision between a height of 0.6 m (2 ft)
and 4.0 m (13.1 ft) above the centreline grade of the intersecting streets.
Where the two street lines do not intersect at a point, the point of intersection of the
street lines shall be deemed to be the intersection of the projection of the street lines
or the intersection of the tangents to the street lines.
5.23.2
Within a sight triangle of a corner lot, no obstructions higher than 0.6 m (2.0 ft)
above grade, including any building, structure, sign, landscape planting or the
parking of vehicles is permitted.
(Amended by By-Law 2021-09)
5.24
SIGNIFICANT ENVIRONMENTAL FEATURES
5.24.1
ENVIRONMENTAL PROTECTION 1 OVERLAY
The Environmental Protection 1(EP1) Overlay shall apply to lands containing the
following Provincially Significant Environmental Features which are identified in the
County Official Plan:
Significant Habitat of Endangered or Threatened Species and other Significant
Wildlife Habitat
Significant Wetlands.
February/21
(Amended by By-Law 2009-15)
SECTION 5.0
GENERAL PROVISIONS
Page 5-26
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.24.1.1
IDENTIFICATION OF THE OVERLAY
The EP1 Overlay corresponds to the features listed in 5.24.1 and is identified on
Schedule "A" of this Zoning By-Law. Section 2.5 of this Zoning By-Law provides an
explanation for the interpretation of these overlay areas.
5.24.1.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall within any
EP1 Overlay use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
uses existing at the date of passing of this Zoning By-Law;
a farm on existing cleared areas, excluding farm buildings, structures and
accessory dwellings;
a public use, in accordance with the provisions of Section 5.22 of this Zoning
By-Law;
a conservation project.
Notwithstanding the provisions of the underlying zone, no development or site
alteration shall be permitted within an EP1 Overlay, except for a use which legally
existed on the date of passing of this Zoning By-Law, provided that no additional
development or site alteration shall be permitted, except as specified in
Section 5.24.1.3; and
Within the EP1 Overlay, the harvest of timber in conformity with the County
Woodland Conservation By-Law shall be permitted in accordance with the
Environmental Protection Area policies of the County of Oxford Official Plan.
All other uses not listed above shall be prohibited within the area of the EP1 Overlay.
5.24.1.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or accessory structure existing at the time of passing of this Zoning By-
Law may be replaced, rebuilt or altered provided that any such replacement,
rebuilding or alteration thereto does not enlarge the gross floor area of the existing
building or accessory structure by more than 25%. Any such replacement, rebuilding
or alteration to a building or accessory structure shall take place within the area of
the existing foundation. Any portion of a use that legally existed at the date of
passing of this Zoning By-Law and is not located within existing buildings or
structures shall only be permitted within existing cleared areas.
(Amended by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-27
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or
landing may be attached to a residential dwelling existing at the date of passing of
this Zoning By-Law, or to any residential dwelling that has been replaced, rebuilt or
otherwise altered in accordance with the above paragraph. Any such covered or
uncovered deck, stoop and/or landing shall be constructed in accordance with
Section 5.1 and shall not exceed 23.2 m2 (250.0 ft2) in area.
5.24.1.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP1 Overlay areas.
5.24.2
ENVIRONMENTAL PROTECTION 2 OVERLAY
The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the
following Provincially Significant Environmental Features which are identified in the
County Official Plan:
Significant Valleylands
Significant Woodlands
Areas of Natural and Scientific Interest for the Life Sciences
Significant Wildlife Habitat.
Fish Habitat consists of all watercourses, ponds, lakes and reservoirs within the
Township.
5.24.2.1
IDENTIFICATION OF THE OVERLAY AND FISH HABITAT
The EP2 Overlay corresponds to the features listed in Section 5.24.2 and is identified
on Schedule "A" of this Zoning By-Law. Section 2.5 of this Zoning By-Law provides
an explanation for the interpretation of these overlay areas.
5.24.2.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall within any
EP2 Overlay use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
a public use, in accordance with the provisions of Section 5.22 of this Zoning
By-Law, and authorized through an environmental assessment process;
a single detached dwelling on a properly zoned lot of record created on or
before April 17, 1979, in accordance with the permitted uses and provisions
of the underlying zone;
(Amended by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-28
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
a use which legally existed on the date of passing of this Zoning By-Law,
provided that no additional development or site alteration shall be permitted,
except as specified in 5.22.2.3;
a single detached dwelling on a lot which was part of a plan of subdivision
registered or draft approved on or before April 17, 1979;
a farm on existing cleared areas, excluding farm buildings, structures and
accessory dwellings including the land application of nutrients, in accordance
with the Nutrient Management Act;
a recreation trail;
a picnic area;
a conservation project;
a building or structure used for flood or erosion control purposes, or for the
management of the natural environment, as approved by the Corporation, the
County, the Conservation Authority with jurisdiction and the Ministry of
Natural Resources;
a passive use park approved by the Corporation and the County, in
consultation with the Conservation Authority with jurisdiction.
Within the EP2 Overlay, the harvest of timber, in conformity with the County
Woodland Conservation By-Law shall be permitted in accordance with
Environmental Protection Area policies of the County of Oxford Official Plan.
All other uses not explicitly listed above shall be prohibited within the area of the
EP2 Overlay and Fish Habitat.
5.24.2.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or accessory structure which legally existing at the time of passing of
this Zoning By-Law may be replaced, rebuilt or altered thereto, after the passing of
this Zoning By-Law provided that any such replacement, rebuilding or alteration
thereto does not enlarge the gross floor area of the original building or accessory
structure by more than 25%. Any such replacement, rebuilding or alteration to such a
building or accessory structure shall take place within the area of the original
building foundation. Any portion of a use that legally existed at the date of passing
of this Zoning By-Law and is not located within an existing building or structure
shall only be permitted within existing cleared areas.
5.24.2.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP2 Overlay and Fish Habitat areas.
(Amended by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-29
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.24.3
DISTANCE FROM THE EP1 OVERLAY AND THE EP2 OVERLAY AND FISH HABITAT
WHERE AN ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED
Development and site alteration and stock piling of materials within 120.0 m
(393.7 t) of the EP1 Overlay must comply with the Environmental Impact Study
Requirements of the County of Oxford Official Plan.
Notwithstanding the above, where a residential use exists within the EP1 Overlay or
within 120.0 m (393.7 ft) area adjacent to the EP1 Overlay, buildings and structures
accessory to the said residential uses may be permitted within 120.0 m (393.7 ft) of
the EP1 Overlay without an EIS, in accordance with Section 5.1 and the Regulations
for Accessory uses in Residential Zones contained in Table 5.1.1.3 of this Zoning
By Law.
Development, site alteration and stockpiling of materials within 50.0 m (164 ft) of
the EP2 Overlay or edge of Fish Habitat, except those uses permitted in Section
5.24.2.2, must comply with the Environmental Impact Study Requirements of the
County of Oxford Official Plan.
Buildings and structures accessory to a single detached dwelling or any residential
uses existing within the EP2 Overlay or within 50.0 m (164.0 ft) of the EP2 Overlay
shall be permitted in accordance with Section 5.1 and the Regulations for accessory
uses in Residential Zones contained in Table 5.1.1.3 of this Zoning By-Law.
5.24.3.1
PERMITTED USES
All of the uses of the underlying zone are permitted within the distances specified,
subject to the provisions of an Environmental Impact Study undertaken by the
applicant pursuant to the Environmental Impact Study policies of the County of
Oxford Official Plan. Notwithstanding this provision, an Environmental Impact
Study will not be required if an exemption is granted under the Environmental Impact
Study policies of the County of Oxford Official Plan.
5.24.3.2
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply within these
areas, unless new provisions are recommended by the Environmental Impact Study.
Where new provisions are recommended by an Environmental Impact Study, a
zoning by-law amendment shall be required to incorporate such provisions into this
Zoning By-Law.
(Amended by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-30
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.25
SITE PLAN CONTROL
Where uses located within any of the zones described in this Zoning By-Law are also within
an area designated by By-Law as being subject to Site Plan Control, pursuant to the Planning
Act, R.S.O. 1990, as amended, such uses shall be subject to the provisions of the zone as
well as any requirements of the Township of East Zorra-Tavistock's Site Plan Control By-
Law and associated guidelines, as amended.
5.26
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
Sites of potential environmental contamination include sites presently or formerly used for
industrial, utility or waste disposal, a landfill site, or a salvage yard. Known sites will be
placed in a Holding Zone pursuant to Section 36 of the Planning Act, as amended. A zoning
by-law amendment will be required to remove the "H" symbol.
5.27
SLOPE AND EROSION HAZARD AREA RESTRICTIONS
Notwithstanding the provisions of the underlying zone, no new buildings or structures shall
be permitted within areas identified as being within the one hundred year erosion limit
adjacent to ravines, river valleys and streams. Such erosion limits shall be established by the
Conservation Authority with jurisdiction.
(Amended by By-Law 2009-15)
5.28
SOURCEWATER PROTECTION AREAS
5.28.1 IDENTIFICATION OF SOURCE PROTECTION AREAS
The Source Protection Overlays (SP1 and SP2), shown on Schedule "A" of this Zoning By-
Law, identify the portions of the Wellhead Protection Areas (WHPAs) associated with the
County's municipal drinking water supply wells where a drinking water threat, as prescribed
by the Clean Water Act, 2006, can be a significant drinking water threat. The mapping of
these areas in this Zoning By-Law reflects the WHPA mapping contained in the applicable
Source Protection Plans, approved under the Clean Water Act, 2006.
The Source Protection Overlay 1 (SP1) applies to the portion of the WHPA closest to the
wellhead, where the majority of the prescribed significant drinking water threats can occur.
The Source Protection Overlay 2 (SP2) applies to the remainder of the WHPA, where only
certain chemical and waste related significant drinking water threats can generally occur.
(Added by By-Law 2021-09)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-31
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.28.2 PRESCRIBED DRINKING WATER THREATS
A list of drinking water threats, as prescribed under the Clean Water Act, 2006, is provided
below for information purposes:
Waste disposal sites within the meaning of Part V of the Environmental Protection Act;
The establishment, operation or maintenance of a system that collects, stores, transmits,
treats or disposes of sewage;
The application of agricultural source material to land;
The storage and/or management of agricultural source material;
The application of non-agricultural source material to land;
The handling and/or storage of non-agricultural source material;
The application of commercial fertilizer to land;
The handling and/or storage of commercial fertilizer;
The application of pesticide to land;
The handling and/or storage of pesticide;
The application, handling and/or storage of road salt;
The storage of snow;
The handling and storage of fuel;
The handling and storage of a dense non-aqueous phase liquid;
The handling and storage of an organic solvent;
The management of runoff that contains chemicals used in the de-icing of aircraft;
An activity that takes water from an aquifer or a surface water body without returning the
water taken to the same aquifer or surface water body;
An activity that reduces the recharge of an aquifer; and
The use of land as livestock grazing or pasturing land, an outdoor confinement area or
farm-animal yard.
These prescribed drinking water threats can only be significant drinking water threats under
very specific circumstances, as established through the Clean Water Act and associated
regulations.
Any land use or activity that is, or would be, a significant drinking water threat must
conform with all applicable Source Protection Plan policies and, as such, may be prohibited,
restricted or otherwise regulated by those polices despite any uses permitted by the zoning
by-law. The SPP policies generally prohibit the establishment of new significant drinking
water threats.
5.28.3 USE PROHIBITIONS AND RESTRICTIONS IN SOURCE PROTECTION OVERLAYS 1 & 2
Notwithstanding the permitted uses of the underlying zone, no new use, building and/or
structure that requires the issuance of a Building Permit and/or an approval under the
Planning Act shall be permitted within the Source Protection Overlays 1 (SP1) or 2 (SP2)
unless a notice, in accordance with Section 59 of the Clean Water Act, 2006, has been issued
by the Risk Management Official in relation to such building permit or approval.
February/21
(Added by By-Law 2021-09)
SECTION 5.0
GENERAL PROVISIONS
Page 5-32
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
This notice requirement shall not apply to a new use, building and/or structure that is
exclusively residential or where the Risk Management Official has provided written guidance
specifying the situations in which the Building Official is permitted to make the
determination as to whether a Section 59 notice is required, and they have determined that
such notice is not required in accordance with that guidance.
5.28.4 SEPTIC SYSTEMS AND HOLDING TANKS WITHIN SOURCE PROTECTION OVERLAY 1 (SP1)
Notwithstanding the permitted uses of the underlying zone, any use, building and/or structure
that would require a new septic system and/or holding tank shall be prohibited within a
Source Protection Overlay 1 (SP1). This prohibition shall not apply to a new septic systems
and/or holding tank that is required for a municipal water supply well. For the purposes of
this provision the term 'new' shall have the same meaning as in the applicable Source
Protection Plan. The Risk Management Official shall make the final determination as to
whether a use, building or structure to be serviced by an septic system and/or holding tank is
prohibited in accordance with this provision and corresponding Source Protection Plan
policies. This provision shall in no way supersede the requirement to connect to full
municipal services, where available, as set out in Section 5.17 of this By-Law.
(Added by By-Law 2021-09)
5.29
STREET FRONTAGE REQUIRED
No building or structure shall be erected, altered or enlarged on any lot which does not have
lot frontage on an improved street required for the zone which applies to the lot.
5.30
STORAGE OR PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES
5.30.1
No person shall in any Residential Zone use any lot for the parking or storage of any
recreational vehicle except in accordance with the following provisions:
5.30.2
The owner or occupant of any lot, building or structure in any Residential Zone may
store or park not more than two recreational vehicles provided such recreational
vehicles do not exceed 9.0 m (29.5 ft) in total length.
5.30.3
The recreational vehicle must be stored within a detached or attached private garage
or carport or in the rear yard or the interior side yard provided that such
recreational vehicle is located no closer than 1.0 m (3.3 ft) to the rear lot line or
interior side lot line.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-33
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.30.4
TEMPORARY STORAGE
Notwithstanding the provisions of Section 5.30.3 of this Zoning By-Law, the owner
or occupant of any lot in a Residential Zone may store or park not more than two
recreational vehicles that do not exceed 9.0 m (29.5 ft) in total length in the front
yard of such lot for a total period of not more than 72 hours in one calendar month.
5.30.5
FULLY ENCLOSED
Notwithstanding the provisions of subsection 5.30.1 of this Zoning By-Law, the
limitations imposed therein shall not restrict the number of such recreational vehicles
that are fully enclosed within a detached or attached private garage.
5.30.6
OCCUPANCY
No recreational vehicle as defined in this Zoning By-Law shall be used for
permanent home occupancy while stored on any lot.
5.31
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the setback and
front yard requirements contained herein shall apply on each street in accordance with the
provisions of the zone or zones in which such lot is located.
5.32
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5.32.1
PERMITTED PROJECTIONS INTO REQUIRED YARDS
Notwithstanding the yard requirements established in this Zoning By-Law, the
following projections are permitted from a main building in accordance with the
provisions set out in Table 5.32.1.
TABLE 5.32.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Yard in Which
Projection
Permitted
Maximum Projection
Permitted into Required
Yards
Minimum Setback
Between Projection
and Lot Line
Steps providing
access to ground
floor, uncovered and
unenclosed decks,
balconies, stoops or
landings not
exceeding one storey
in height
Front
Rear
Interior side
yard
No limit
No limit
No limit
5.0 m (16.4 ft)
1.2 m (3.9 ft)
0.6 m (2 ft)
Ramp used for
accessibility access
All
None
None
SECTION 5.0
GENERAL PROVISIONS
Page 5-34
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
TABLE 5.32.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Yard in Which
Projection
Permitted
Maximum Projection
Permitted into Required
Yards
Minimum Setback
Between Projection
and Lot Line
Covered decks,
stoops or landings
not exceeding one
storey in height
Front
Rear
1.5 m (4.9 ft)
No limit
4.0 m (13.1 ft)
4.0 m (31.1 ft)
Sills, cornices,
pilasters, chimneys,
eaves, gutters, and
similar architectural
features
All
0.6 m (2 ft)
None
Fire escapes, steps
providing access
above ground floor
and balconies above
ground floor
Rear Yard
Side Yard
1.2 m (3.9 ft)
1.2 m (3.9 ft)
None
None
Bay windows
Front & Rear
1.0 m (3.3 ft)
None
Fire escapes, steps
providing access
above ground floor
and balconies above
ground floor
Rear
Side Yards
1.0 m (3.3 ft)
1.0 m (3.3 ft)
None
None
(Amended by By-Law 2009-15)
(Amended by By-Law 2021-09)
5.32.1.1
Notwithstanding the provisions of Section 5.32.1 the following provisions shall also
apply:
i)
No projection is permitted into a required parking area or driveway;
ii)
In a zone in which the yard setbacks for the main building are less than the
minimum yard setbacks required by Table 5.32.1 for such structures, then
they may be erected in accordance with setback requirements for the main
building, unless otherwise noted in this Zoning By-Law; and
iii)
No part of any building or structure on any lot shall project beyond any lot
line or street line of such lot, except in the case of a projection beyond a
street line, where an encroachment permit has been approved for such
projection by the Township of East Zorra-Tavistock or, in the case of a
County Road, the County of Oxford.
(Amended by By-Law 2009-15)
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-35
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.32.2
HEIGHT EXCEPTIONS
The height provision of this Zoning By-Law shall not apply to prevent the erection
and/or use of the following uses, in zones where such uses are associated, and
provided that such features are erected only to such heights as is necessary to
accomplish their purpose:
A church spire, steeple or belfry;
A cupola, dome or other ornamental structure;
A flag pole;
A clock tower or bell tower;
A chimney or smoke stack;
A firewall;
A lightening rod or weathervane;
A skylight; elevator penthouse, water tank, mechanical penthouse or other
heating, cooling or ventilation equipment, or structure enclosing such
features;
A communications structure;
A radio or television antennae;
A feedmill, commercial grain elevator or silo;
(Amended by By-Law 2009-15)
5.32.3
BUILDING IN BUILT-UP AREA
Notwithstanding the yard or setback provisions of this Zoning By-Law to the
contrary, where a dwelling unit, accessory use, or commercial use in a Residential or
Village Zone is to be erected in a built-up area where there is an established building
line such dwelling unit, accessory use, or commercial use may be erected closer to
the street line or the centre line of the street, as the case may be, than required by this
Zoning By-Law provided such dwelling unit, accessory use or commercial use is not
erected closer to the street line or to the centre line of the street, as the case may be,
than the established building line on the date of passing this Zoning By-Law.
5.33
WAYSIDE SAND OR GRAVEL PITS
5.33.1
WHERE PERMITTED
Wayside sand or gravel pits are permitted in all zones outside of designated
settlements, as defined in subsection 2.7.2.1 of the By-Law and outside of the EP1
and EP2 Overlays as shown on Schedule "A" of this Zoning By-Law.
February/21
SECTION 5.0
GENERAL PROVISIONS
Page 5-36
Township of East Zorra-Tavistock Zoning By-Law Number 2003-18
5.33.2
TEMPORARY OR PORTABLE ASPHALT OR CONCRETE BATCHING PLANTS
Temporary or portable asphalt or concrete batching plants accessory to a wayside pit
or quarry shall be permitted in all zones outside of designated settlements, as defined
in subsection 2.7.2.1 of the By-Law and outside of the EP1 and EP2 Overlays as
shown on Schedule "A" of this Zoning By-Law.
5.33.2.1
CERTIFICATE OF APPROVAL
A Certificate of Approval pursuant to the Environmental Protection Act must be
issued by the Ministry of Environment prior to the establishment of a temporary or
portable asphalt or concrete batching plant.
5.33.2.2
ZONE REQUIREMENTS
A temporary or portable asphalt or concrete batching plant shall comply with the
zone requirements of the zone in which such use is located.
February/21