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TOWNSHIP
OF
ELIZABETHTOWN-KITLEY
ZONING BY-LAW NO. 13-21
OCTOBER 2022 OFFICE CONSOLIDATION
Adopted by Council on May 13, 2013
TOWNSHIP OF ELIZABETHTOWN-KITLEY
6544 New Dublin Road, R.R.#2
Addison, Ontario K0E 1A0
tel: (800) 492-3175 or (613) 345-7480 fax: (613) 345-7235
[email protected]
www.ektwp.ca
Prepared by:
NOVATECH
Engineers, Planners & Landscape Architects
200 - 240 Michael Cowpland Drive
Ottawa, Ontario K2M 1P6
tel: (613) 254-9643
fax: (613) 254-5867
[email protected]
www.novatech-eng.com
IMPORTANT NOTICE
This document is an office consolidation of the Township's Comprehensive Zoning By-law No.
13-21, as amended, and has been prepared for ease of reference. While every attempt has been
made to ensure the accuracy of this consolidation, in the event of a discrepancy between it and
Zoning By-law No. 13-21, and amendments thereto, the original by-laws shall prevail.
THE CORPORATION
OF THE
TOWNSHIP OF ELIZABETHTOWN-KITLEY
BY-LAW NO. 13-21
A by-law to regulate the use of lands and the character,
location and the use of buildings and structures
in the Township of Elizabethtown-Kitley
WHEREAS the Planning Act, R.S.O., 1990, Chapter P.13, as amended, provides that the
council of a municipal corporation may pass by-laws to regulate the use of land and the
character, location, density, size and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation of the Township of Elizabethtown-Kitley
enacts as follows:
THE CORPORATION
OF THE
TOWNSHIP OF ELIZABETHTOWN-KITLEY
BY-LAW NO. 13-21
TABLE OF CONTENTS
PAGE
SECTION 1 - APPLICATION AND INTERPRETATION .................................................................................... 1
1.1
TITLE OF BY-LAW ....................................................................................................................................... 1
1.2
SCOPE OF BY-LAW ...................................................................................................................................... 1
1.3
INTERPRETATION OF BY-LAW...................................................................................................................... 2
1.4
SCHEDULES TO BY-LAW .............................................................................................................................. 2
1.5
ZONING ADMINISTRATOR ............................................................................................................................ 2
1.6
ISSUANCE OF BUILDING PERMITS, CERTIFICATES AND LICENSES ................................................................ 2
1.7
CERTIFICATE OF OCCUPANCY ..................................................................................................................... 2
1.8
REQUEST FOR AMENDMENT TO ZONING BY-LAW ....................................................................................... 2
1.9
INSPECTION ................................................................................................................................................. 3
1.10
VIOLATIONS AND PENALTIES ...................................................................................................................... 3
1.11
REMEDIES.................................................................................................................................................... 3
1.12
VALIDITY .................................................................................................................................................... 3
1.13
TYPOGRAPHICAL CORRECTIONS .................................................................................................................. 3
1.14
EXISTING BY-LAWS ..................................................................................................................................... 3
SECTION 2 - DEFINITIONS ..................................................................................................................................... 4
SECTION 3 - GENERAL PROVISIONS ............................................................................................................... 21
3.1
ACCESSORY USES ..................................................................................................................................... 21
3.2
CANNABIS PROCESSING FACILITIES .......................................................................................................... 22
3.3
EXISTING UNDERSIZED NON-COMPLYING LOTS ....................................................................................... 22
3.4
FRONT YARD REDUCTION WITHIN SETTLEMENT AREA ............................................................................ 22
3.5
FRONTAGE ON AN IMPROVED STREET ....................................................................................................... 22
3.6
GROUP HOMES .......................................................................................................................................... 23
3.7
HEIGHT EXCEPTIONS ................................................................................................................................. 23
3.8
HEIGHT RESTRICTIONS - AIRPORT ............................................................................................................. 23
3.9
HOME-BASED BUSINESSES ........................................................................................................................ 23
3.10
LOADING SPACE REQUIREMENTS .............................................................................................................. 25
3.11
LOTS CONTAINING MORE THAN ONE USE ................................................................................................ 25
3.12
LOTS DIVIDED INTO MORE THAN ONE ZONE ............................................................................................ 25
3.13
MOVING OF BUILDINGS ............................................................................................................................. 26
3.14
NON-CONFORMING USES AND NON-COMPLYING USES, BUILDINGS AND STRUCTURES ............................ 26
3.15
OCCUPANCY RESTRICTIONS ...................................................................................................................... 27
3.16
OPEN STORAGE ......................................................................................................................................... 27
3.17
PARKING REQUIREMENTS.......................................................................................................................... 27
3.18
PITS, QUARRIES, WAYSIDE PITS, WAYSIDE QUARRIES AND PORTABLE ASPHALT PLANTS ....................... 31
3.19
PUBLIC USES ............................................................................................................................................. 31
3.20
RESIDENTIAL SEPARATION DISTANCES FROM OTHER LAND USES ............................................................ 31
3.22
SETBACKS FROM ENVIRONMENTAL PROTECTION ZONES .......................................................................... 33
3.23
SETBACKS FROM NATURAL GAS OR LIQUID FUEL PIPELINES .................................................................... 33
3.24
SEWAGE DISPOSAL SYSTEMS AND THE APPLICABILITY OF THIS BY-LAW .................................................. 33
3.25
SIGHT TRIANGLES ..................................................................................................................................... 34
3.26
SHORELINE AREA OCCUPANCY ................................................................................................................. 34
3.28
STREET AND PRIVATE RIGHT-OF-WAY SETBACKS .................................................................................... 35
3.29
TEMPORARY USES ..................................................................................................................................... 35
3.30
THROUGH LOTS ......................................................................................................................................... 36
3.31
TINY HOUSES ............................................................................................................................................ 36
3.32
WATER FRONTAGE AND WATER SETBACKS .............................................................................................. 36
3.33
YARD AND WATER SETBACK ENCROACHMENTS ....................................................................................... 36
SECTION 4 - ZONES ............................................................................................................................................... 38
4.1
GENERAL................................................................................................................................................... 38
4.2
ZONES AND ZONE SYMBOLS...................................................................................................................... 38
4.3
BOUNDARIES OF ZONES ............................................................................................................................. 39
4.4
HOLDING ZONES ....................................................................................................................................... 39
4.5
SPECIAL ZONES ......................................................................................................................................... 40
4.6
TEMPORARY ZONES .................................................................................................................................. 40
SECTION 5 - RESIDENTIAL ZONES ................................................................................................................... 41
5.1
RESIDENTIAL TYPE 1 (R1) ......................................................................................................................... 41
5.2
RESIDENTIAL TYPE 2 (R2) ......................................................................................................................... 43
5.3
ESTATE RESIDENTIAL (RE) ....................................................................................................................... 44
5.4
LIMITED SERVICES RESIDENTIAL (RLS) ................................................................................................... 47
5.5
MOBILE HOME PARK RESIDENTIAL (RMH) .............................................................................................. 48
SECTION 6 - COMMERCIAL ZONES ................................................................................................................. 50
6.1
GENERAL COMMERCIAL (CG) ZONE ......................................................................................................... 50
6.2
RURAL COMMERCIAL (CR) ZONE ............................................................................................................. 53
6.3
LOCAL COMMERCIAL (CL) ZONE .............................................................................................................. 55
6.4
TOURIST COMMERCIAL (CT) ZONE ........................................................................................................... 57
SECTION 7 - INDUSTRIAL ZONES ..................................................................................................................... 58
7.1
GENERAL INDUSTRIAL (MG) ZONE ........................................................................................................... 58
7.2
BUSINESS PARK INDUSTRIAL (MBP) ZONE ............................................................................................... 61
7.3
RURAL INDUSTRIAL (MR) ZONE ............................................................................................................... 63
7.4
SALVAGE YARD INDUSTRIAL (MS) ZONE ................................................................................................. 65
7.5
DISPOSAL INDUSTRIAL (MD) ZONE .......................................................................................................... 66
7.6
AIRPORT INDUSTRIAL (MAP) ZONE .......................................................................................................... 67
SECTION 8 - INSTITUTIONAL ZONES .............................................................................................................. 68
8.1
INSTITUTIONAL (I) ZONE ........................................................................................................................... 68
SECTION 9 - OPEN SPACE ZONES ..................................................................................................................... 70
9.1
OPEN SPACE (OS) ZONE ............................................................................................................................ 70
SECTION 10 - RURAL ZONES .............................................................................................................................. 72
10.1
RURAL (RU) ZONE .................................................................................................................................... 72
SECTION 11 - AGRICULTURE ZONES ............................................................................................................... 79
11.1
AGRICULTURE (AG) ZONE ........................................................................................................................ 79
SECTION 12 -MINERAL RESOURCE ZONES................................................................................................... 84
12.1
MINERAL AGGREGATE EXTRACTION (EX-P) ZONE .................................................................................. 84
12.2
MINERAL AGGREGATE EXTRACTION (EX-Q) ZONE .................................................................................. 86
SECTION 13 - NATURAL HERITAGE ZONES .................................................................................................. 88
13.1
ENVIRONMENTAL PROTECTION - PSW (EP-PSW) ZONE .......................................................................... 88
13.2
ENVIRONMENTAL PROTECTION - ANSI (EP-ANSI) ZONE ........................................................................ 89
13.3
ENVIRONMENTAL PROTECTION - LSW (EP-LSW) ZONE ......................................................................... 90
SECTION 14 - NATURAL HAZARD ZONES....................................................................................................... 91
14.1
FLOOD PLAIN (FP) ZONE ........................................................................................................................... 91
SECTION 15 - APPROVAL ..................................................................................................................................... 92
SCHEDULES
A1 - Elizabethtown-Kitley North
A2 - Elizabethtown-Kitley Central
A3 - Elizabethtown-Kitley South
B - Brockville Municipal Airport Obstacle Limitation Areas
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 1
SECTION 1 - APPLICATION AND INTERPRETATION
1.1
Title of By-law
This By-law may be cited as the "Zoning By-law" of the Township of Elizabethtown-
Kitley.
1.2
Scope of By-law
1.
The provisions of this By-law shall apply to all lands within the geographic limits of
the Corporation of Township of Elizabethtown-Kitley, as shown on Schedules A1, A2
and A3 attached hereto. This By-law shall also apply to any lands not shown on the
Schedules created through the filling of water bodies, alteration of shorelines or other
means, as well as to any portion of the bed of any water body where a license of
occupation or lease has been issued by a relevant approval authority. Where the bed
of any water body has been zoned, such areas shall be used in accordance with this
By-law. Where the bed of any water body has not been zoned, such areas shall not be
used for any purpose other than a conservation use unless the Corporation has zoned
such areas through an amendment to this By-law, regardless of whether or not required
approvals from the relevant approval authorities have been obtained.
2.
No building or structure shall hereafter be erected, altered or enlarged, nor shall the
use of any building, structure or lot hereafter be changed, in whole or in part, except
in conformity with the provisions of this By-law.
3.
Nothing in this By-law shall prevent the use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used
for such purpose on the date of passing of this By-law, provided that it continues to be
used for such purpose.
4.
Nothing in this By-law shall prevent the erection of any building or structure for a
purpose prohibited by this By-law if the building permit for such building or structure
was issued by the Chief Building Official prior to the date of passing of this By-law,
provided that:
- When the building or structure is erected, it continues to be used for the purpose
for which the building permit was issued; and
- The building or structure is commenced within six (6) months of the date of the
passing of this By-law and is completed within a reasonable time of the
commencement.
5.
This By-law shall not be effective to reduce or mitigate any restrictions imposed by a
governmental authority having jurisdiction to make such restrictions and, without
limiting the generality of the foregoing, shall include Conservation Authorities.
6.
All references to Provincial Acts or Regulations shall refer to the current Act or
Regulation. All references to the Planning Act shall refer to the Planning Act, R.S.O.,
1990, Chapter P.13, as amended.
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
1.3
Interpretation of By-law
1. In this By-law, unless the context requires otherwise, words used in the singular shall
include the plural and words used in the plural shall include the singular.
2. In this By-law, the word "shall" is mandatory and "may" is permissive.
3. In this By-law, unless the context requires otherwise, the word "used" shall include
"designed to be used" and "arranged to be used", and the word "occupied" shall include
"designed to be occupied" and "arranged to be occupied".
1.4
Schedules to By-law
The following schedules which are attached hereto are hereby incorporated into and are
declared to form part of this By-law to the same extent as if fully described herein:
- A1 - Elizabethtown-Kitley North
- A2 - Elizabethtown-Kitley Central
- A3 - Elizabethtown-Kitley South
- B - Brockville Municipal Airport Obstacle Limitation Areas
1.5
Zoning Administrator
This By-law shall be administered by the Zoning Administrator.
1.6
Issuance of Building Permits, Certificates and Licenses
1. Notwithstanding any provisions of the Building By-law or any other by-law of the
Corporation to the contrary, no building permit, certificate or license shall be issued
where the proposed building, structure or use would be in violation of any of the
provisions of this By-law.
2. Notwithstanding the generality of (1) above, where the approval of another agency or
authority is required, this shall mean that the approval of such shall be obtained by the
applicant and submitted to the Zoning Administrator at such time as an application is
made for a building permit.
1.7
Certificate of Occupancy
No change shall be made in the type of use of land, buildings or structures within any zone
without first obtaining a Certificate of Occupancy from the Corporation, pursuant to any
Township Occupancy Permit By-law that may be enacted.
1.8
Request for Amendment to Zoning By-law
Every request for an amendment to this Zoning By-law shall be accompanied by the
Corporation's "Application for an Amendment to Zoning By-law".
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 3
1.9
Inspection
The Zoning Administrator, the Chief Building Official or any other officer or employee of
the Corporation acting under the direction of Council is hereby authorized to enter at all
reasonable hours upon any property or premises for the purpose of carrying out his duties
under this By-law. Notwithstanding the foregoing, a dwelling unit shall not be entered
without the consent of the occupant except under the authority of a search warrant.
1.10
Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable to
a fine in accordance with the provisions of the Planning Act and every penalty shall be
recoverable under the Provincial Offences Act.
1.11
Remedies
Where any building or structure is to be erected or altered, or any part thereof is to be used,
or any lot is to be used, in contravention of this By-law, such contravention may be
restrained by action at the instance of any ratepayer or of the Corporation pursuant to the
provisions of the Planning Act or the Municipal Act.
1.12
Validity
If any section, clause or provision of this By-law, including anything contained in
Schedules A1, A2 and A3 attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as
a whole or any part thereof, other than the section, clause or provision(s) so declared to be
invalid. It is hereby declared to be the intention that all the remaining sections, clauses or
provisions of this By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be invalid.
1.13
Typographical Corrections
No amendment to this By-law shall be required in order for the Corporation to make
typographical corrections such as spelling, punctuation and section numbering changes
where, in the opinion of the Corporation, such corrections do not affect the intent of the
By-law.
1.14
Existing By-laws
All other by-laws of the Corporation enacted pursuant to Section 34 or predecessors thereof
of the Planning Act are hereby repealed and, without limiting the generality of the
foregoing, existing by-laws that are repealed include:
- By-law No. 1712 of the former Township of Elizabethtown;
- By-law No. B 94-13 of the former Township of Kitley; and
- All by-laws of the former Township of Elizabethtown, former Township of Kitley
and Township of Elizabethtown-Kitley which amend the foregoing by-laws.
Township of Elizabethtown-Kitley
Page 4
Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 2 - DEFINITIONS
For the purpose of this by-law, the definitions and interpretations in this section shall govern.
ACCESSORY shall mean a use, building or structure which is incidental, subordinate and
exclusively devoted to a main use and located on the same lot therewith.
ADULT ENTERTAINMENT PARLOUR shall mean any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, live entertainment or services
appealing or designed to appeal to erotic or sexual appetites or inclinations, and includes a body
rub parlour.
AGGREGATE PROCESSING OPERATION shall mean a facility that processes material
derived from a pit or quarry and shall include activities such as screening, washing, crushing and
associated storage of raw or processed material, as well as the recycling of construction products
such as asphalt and concrete that are manufactured using aggregates.
AGRICULTURAL USE shall mean the use of land, buildings or structures for:
- Outdoor and/or indoor growing of crops including cannabis, as well as all related activities
such as fertilizing, planting, spraying, irrigating, harvesting and the storage and sale of
crops produced;
- Raising, breeding, boarding, training, keeping and/or sale of livestock, including the raising
and sale of fish;
- Collection, production, storage and sale of animal products such as milk, eggs, wool, fur
or honey;
- Greenhouse or nursery garden, including storage and sale of products produced;
- Planting, harvesting and sale of forest products, including maple syrup;
- Use and storage of all equipment related to the foregoing activities, including the
occasional use of a portable sawmill.
Agricultural use shall not include commercial or industrial activities such as abattoirs, tanneries,
kennels or manufacturing activities involving crops, animal products, lumber or wood products.
This definition shall not include a cannabis processing facility, as defined herein.
AGRICULTURAL PRODUCTS PROCESSING FACILITY shall mean an establishment
engaged in the storage, grading, processing and wholesale distribution of agricultural products
such as meat, fish, poultry, eggs and dairy, vegetable, fruit, honey, wool, fur, lumber or wood
products. This definition shall not include a cannabis processing facility, as defined herein.
AIRPORT OUTER SURFACE shall mean the imaginary surface consisting of a common plane
established at a constant elevation of 45 m above the assigned airport reference point elevation of
120.7 metres geodetic elevation, and extending a horizontal distance of 4,000 m from the
designated airport reference point, as designated on Schedule B to this By-law.
AIRPORT TAKE-OFF/APPROACH SURFACE shall mean a surface extending upwards from
runway level along the extended runway centreline at a slope and covering the area, both as
indicated on Schedule B to this By-law.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 5
AIRPORT TRANSITIONAL SURFACE shall mean a surface lying laterally along both sides
of the basic strip and the Take-off/Approach Surface and which extends upward at a slope, as
indicated on Schedule B to this By-law, at right angles to the runway centreline measured from
the edges of the basic strip and the Take-off/Approach Surface until such Transitional Surface
intersects the Outer Surface.
AIR TREATMENT CONTROL, when used in reference to a cannabis processing facility as
herein defined, shall mean an industrial grade air filtration system designed by a qualified person,
used to reduce and/or treat the emission of pollen, dust and/or odours expelled from a facility.
ALTER when used in reference to a building or part thereof, shall mean to change any 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" shall mean
the change to the width, depth or area thereof or to change the width, depth or area of any required
yard, open space or parking area or to change the location of any boundary of such lot with respect
to a public highway or laneway, whether such alteration is made by conveyance or alienation of
any portion of said lot, or otherwise. The words "altered" and "alteration" shall have a
corresponding meaning.
ANIMAL HOSPITAL - See Veterinary Clinic
ANTIQUE SHOP shall mean a retail store offering antiques, second hand goods and used
collectable items.
ASPHALT PLANT shall mean a facility designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage
of bulk materials used in the process.
- PORTABLE ASPHALT PLANT shall mean an asphalt plant which is not of permanent
construction, but which is to be dismantled at the completion of the construction project.
AUCTION HALL shall mean the use of land, buildings or structures used for the storage and sale
of goods and materials by public auction.
AUTOMOBILE BODY SHOP shall mean a building or part of a building used for the painting
or repairing of vehicle bodies and chassis, provided that all activities shall be undertaken within
an enclosed building, and provided further that it shall not include a salvage yard as defined herein.
AUTOMOBILE SERVICE STATION shall mean a building or place where automotive fuels,
lubricants or parts are kept for sale and/or where mechanical repairs to vehicles are performed
and/or where vehicles are washed or cleaned, but it shall not include a salvage yard, or automobile
body shop as defined herein.
BALCONY shall mean an open platform projecting from the face of a building wall, accessed
only from within the building, and surrounded with a railing.
BANK shall mean an establishment where money is deposited, kept, lent or exchanged or where
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
other retail financial services are provided and includes a chartered bank, trust company or similar
financial institution.
BASEMENT shall mean that portion of the building between two floor levels which is partly
underground but, which has at least one-half (1/2) of its height from finished floor to finished
ceiling above adjacent finished grade.
BED AND BREAKFAST shall mean a business conducted in a single dwelling in which the
resident owner supplies for financial gain a maximum of three (3) guest bedrooms with or without
meals for the purpose of providing temporary lodging on a daily basis to the travelling public.
BOARDING HOUSE shall mean a single dwelling in which the proprietor supplies for financial
gain, lodging with or without meals to a maximum of three (3) boarders, but it does not include a
bed and breakfast, hotel, hospital, foster home, home for the aged or other establishment otherwise
classified or defined in this By-law.
BOATHOUSE - See Marine Facility
BUILDING shall mean any structure consisting of walls or columns and a roof which is used for
the shelter, accommodation or enclosure of persons, animals, goods or chattels.
- ACCESSORY BUILDING shall mean a building customarily incidental and subordinate
to the main building and located on the same lot with such main building and not used for
human habitation.
- MAIN BUILDING shall mean a building serving the principal or primary uses for which
the lot was purchased, leased or rented.
- TEMPORARY BUILDING shall mean a building or structure intended for removal or
demolition within a prescribed time as set out in a building permit.
BUILDING LINE shall mean a line within a lot drawn parallel to a lot line and establishing the
minimum distance between that lot line and any building or structure which may be erected.
BUILDING SUPPLY CENTRE shall mean an establishment engaged in the selling or installing
of building supplies including lumber, millwork, siding, roofing, flooring, windows, doors,
plumbing, electrical, heating, air conditioning and similar items.
CABIN - See Lodging Establishment
CAMPGROUND shall mean any parcel of land which is used to provide temporary
accommodation for the public or members of an organization in tents, trailers, tourist trailers or
recreational vehicles.
CANNABIS PROCESSING FACILITY shall mean any building or structure licensed by a
federal agency which is authorized to process, store and ship cannabis and cannabis products, and
may include growing and cultivation of cannabis. This definition shall not include an industrial
facility, as defined herein.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 7
CARPORT shall mean an attached or detached structure which is accessory to a dwelling and
which is covered but open on at least two sides and used for the sheltering of permitted vehicles
and storage of household equipment incidental to the residential occupancy.
CELLAR shall mean that portion of a building between two floor levels, which is partly
underground and which has more than one-half (1/2) of its height from finished floor to finished
ceiling below finished grade.
CEMETERY shall mean land used as a place of interment for human remains within the meaning
of the Cemeteries Act.
CHIEF BUILDING OFFICIAL shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of the Building by-law of the Corporation.
CHIP WAGON - See Restaurant
CLINIC shall mean a building or part thereof where health services are provided to the public in
the form of medical, paramedical, dental, surgical, physiotherapeutic or other human health
services including associated technician and laboratory facilities, and may also include an
incidental pharmaceutical outlet for the sale of prescription and therapeutic drugs and medication
and other drug store products, and optical equipment.
COMMERCIAL PARKING LOT shall mean the use of a vacant lot for parking as the principal
or main use.
COMMUNICATIONS TOWER - See Public Use
COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-profit,
non-commercial body or society such as a service club or charitable organization for promoting
athletic, cultural, educational, environmental, health, recreational, social, philanthropic or other
similar objectives.
CONCRETE PLANT shall mean a facility which produces concrete for immediate use in the
construction of buildings, structures, roadways, curbs, sidewalks and similar applications. It shall
also include a facility which manufactures finished concrete products.
CONSERVATION USE shall mean research, observation, education, preservation, improvement
and enhancement with respect to natural resources or the natural environment, as well as passive
outdoor recreation activities such as hiking that do not involve alteration to the landform or natural
vegetative characteristics of the land.
CONVENIENCE STORE shall mean a retail store limited to the sale of convenience food and
sundry items.
CONTRACTOR'S YARD shall mean a yard, including any accessory buildings or structures,
where materials, equipment and vehicles are stored in association with any building trade or
contractor such as excavators, road builders, roofers, landscapers, snow removal and similar
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
contractors, but shall not include a salvage yard.
CORPORATION shall mean the Corporation of Township of Elizabethtown-Kitley.
CORRECTIONAL FACILITY shall mean a place of secure detention or secure custody and
includes a secure custody group home.
COUNCIL shall mean the Council of the Corporation of Township of Elizabethtown-Kitley.
COUNTY shall mean the United Counties of Leeds and Grenville.
CUSTOM WORKSHOP shall mean a business in which an artist or craftsperson produces,
repairs and sells goods such as jewellery, leatherwork, artistic wood, metal and glass crafts or
pottery, or fine art such as paintings, photographs and sculptures, in small quantity or on a custom
order basis. A custom workshop does not include any establishment where mass production of
goods is carried on nor any shop or factory otherwise defined in this by-law.
DAY CARE shall mean a day care facility licensed under the Child Care and Early Years Act and
which provides care for six (6) or more children.
DWELLING shall mean a building occupied or capable of being occupied as the home or the
residence of one or more persons. This definition shall not include any vehicle defined herein.
- ACCESSORY DWELLING shall mean a single dwelling which is accessory to a
permitted non-residential building which is located on the same lot therewith.
- DUPLEX DWELLING shall mean a dwelling which is divided horizontally into two
dwelling units.
- MULTIPLE DWELLING shall mean a dwelling which contains three or more dwelling
units, and which is not a townhouse dwelling, as defined herein.
- SECOND DWELLING shall mean an accessory building which contains one or more
habitable rooms designed and occupied as an independent dwelling in which living, kitchen
and bathroom facilities are provided and which is located on the same lot as a single
dwelling, semi-detached dwelling or townhouse dwelling, as defined herein.
- SEMI-DETACHED DWELLING shall mean a detached dwelling which is divided
vertically into two dwelling units.
- SINGLE DWELLING shall mean a dwelling which contains only one dwelling unit.
- TOWNHOUSE DWELLING shall mean a dwelling which contains three or more
dwelling units which are divided vertically, each of which has a separate entrance and fully
independent front and rear yards.
DWELLING UNIT shall mean one or more habitable rooms designed for use and occupied by
persons in which separate kitchen and sanitary facilities are provided for the exclusive use of such
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 9
persons with an independent entrance from outside the building or from a common hallway or
stairway inside the building. This definition shall not include any vehicle defined herein.
- ACCESSORY DWELLING UNIT shall mean a dwelling unit which is part of, and
accessory to, a permitted non-residential building.
- SECOND DWELLING UNIT shall mean one or more habitable rooms designed and
occupied as an independent dwelling in which living, kitchen, and bathroom facilities are
provided and which is located entirely within a single dwelling, semi-detached dwelling or
townhouse dwelling, as defined herein.
ENVIRONMENTAL IMPACT STUDY shall mean an environmental impact assessment
completed in accordance with the provisions of the Official Plan.
EQUIPMENT RENTAL OUTLET shall mean the use of land and buildings for the rental of
equipment, machinery, furniture and fixtures which are primarily of a size and type which would
be used for home improvement or household purposes and which would generally be transportable
by the general public.
ERECT shall mean build, construct, reconstruct or relocate and shall include any preliminary
physical operations such as cutting, grading, excavating, filling, or draining or any altering of an
existing building by an addition, extension or other structural change or the doing of any work for
which a building permit is required under the building by-laws of the Corporation. The words
"erected" and "erection" shall have a corresponding meaning.
EXISTING shall mean existing as of the date of passing of this By-law.
FLEA MARKET - See Open Market
FLOOD LINE shall mean the line showing the limit of the flood plain.
FLOOD PLAIN shall mean the area adjoining a water body or water course that has been or may
be subject to flooding hazards, such hazards having been determined on the basis of the 1:100 year
flood level, plus an allowance for wave uprush and other water-related hazards, as applicable.
FLOOR AREA shall mean:
- For a dwelling or dwelling unit, the total area of the storeys contained within the exterior
walls of the dwelling or dwelling unit, exclusive of any garage, carport, unenclosed porch
or deck, unfinished attic, unfinished basement or unfinished cellar where such basement or
cellar has a height of less than 2.1 m measured between its floor surface and the underside
of the joists of the storey above it;
- For a building other than a dwelling or dwelling unit, the total area of all floors contained
within the exterior walls of the building.
FLOOR SPACE INDEX shall mean the ratio of the total floor area of a dwelling and any other
habitable building such as a sleeping cabin, if applicable, to the area of the lot on which the
dwelling is situated, expressed as a percentage.
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FORESTRY USE - See Agricultural Use
FUEL STORAGE FACILITY shall mean an establishment primarily engaged in the bulk storage
and distribution of petroleum, gasoline, fuel oil, natural gas, propane gas or other similar products
in fuel storage tanks.
FUNERAL HOME shall mean an establishment where deceased persons are prepared for burial
or cremation, where the body may be viewed and where funeral services may be held.
GARDEN CENTRE shall mean an establishment primarily used for the retail sale of gardening
equipment, products and planting materials, including greenhouses for the cultivation of such
materials.
GARDEN SUITE shall mean a portable detached dwelling located on the same lot as the principal
dwelling which provides for the housing needs of the family residing in the principal dwelling and
for which a temporary use by-law has been adopted, pursuant to the Planning Act.
GOLF COURSE shall mean a public or private area operated for the purpose of playing golf and
includes a driving range, a mini putt and accessory uses such as a club house, a restaurant, an
indoor driving range, a putting green and similar uses.
GRADE shall mean the median elevation between the highest and lowest points of the finished
surface of the ground (measured at the base of the building or structure), but exclusive of any
embankment in lieu of steps.
GROUP HOME shall mean a single dwelling which is occupied by 3 to 10 unrelated residents
who, by reason of their emotional, mental, social or physical condition or legal status, require a
supervised family living arrangement for their well-being. A group home may be occupied as the
residence by the staff or receiving family. A group home does not include foster homes, boarding
houses, a secure custody group home or other uses defined herein.
HEAVY EQUIPMENT SALES OR RENTAL ESTABLISHMENT shall mean an
establishment having as its main use the sale, rental, leasing, servicing and accessory storage of
heavy vehicles, farm equipment and/or excavation or construction equipment.
HEIGHT, when used with reference to a building, shall mean the vertical distance between grade
and:
- The highest point of the roof surface on a flat roof;
- The deck line on a mansard roof;
- The mean level between the eaves and ridge of a gable, hip or gambrel roof.
HIGH WATER MARK shall mean the mark made on the shore or bank of a water body through
the action of water, which action has continued over such a long period of time that it has created
a difference between the character of the vegetation or soil below the mark and that above the
mark.
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HOBBY FARM - See Agricultural Use
HOME FOR THE AGED - See Public Use
HOME-BASED BUSINESS shall mean an occupation, trade, business, profession or craft
conducted in accordance with the General Provisions of this By-law as an accessory use to the use
of a dwelling by the dwelling occupant(s) and includes the following:
- Instruction of students;
- Respite care or day care, provided that no residential accommodation is provided;
- Occupations in the areas of a personal service, a service outlet or a tradesperson's
establishment, all as defined in this By-law;
- Food catering business;
- Pet grooming, limited to dogs and cats;
- Office for conducting a business or profession;
- Studio of an artist, artisan or craftsperson.
A home-based business shall not include any use that involves the on-site service and repair of
vehicles.
HOTEL - See Lodging Establishment.
HUNTING OR FISHING CAMP shall mean a building or structure that includes an approved
sewage disposal system and that is used on an occasional basis as a base for hunting, fishing or
similar outdoor activities, and which may provide sleeping accommodation, but shall not include
a dwelling or a dwelling unit as defined in this By-law.
INDUSTRIAL FACILITY shall mean an establishment not otherwise defined in this By-law that
is primarily engaged in the assembly, fabrication, manufacturing, processing, treatment, recycling
or packaging of articles, components, materials or products.
INSTITUTIONAL USE, when used in reference to proximity to a cannabis processing facility,
shall mean any day care, place of worship, library, school, community service or park.
INSTRUCTIONAL FACILITY shall mean a business that provides instruction or training in an
art, hobby, skill or trade and includes programs in exercise, dance, music, arts and crafts, computer
operation, driving and other similar activities, but shall not include any instruction or training that
involves an outdoor gun range, whether a main or accessory use.
INTAKE PROTECTION ZONE (IPZ) shall mean the area of land and water that contributes
source water to a drinking water system intake within a specified distance, period of flow time,
and/or watershed area.
KENNEL, COMMERCIAL AND/OR BREEDING shall mean a building or structure accessory
to a dwelling or dwelling unit, where animals other than livestock, such as dogs or cats, are bred,
boarded or trained for financial compensation. Grooming may be conducted as an accessory use.
KENNEL, HOBBY shall mean any use of land, building or structure accessory to a dwelling
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
where dogs are kept for the primary purpose of recreational hunting by the owner/occupant. This
use is further regulated through a municipal Kennel By-law.
LANE shall mean a driveway providing access from within a property to a public street.
LAUNDROMAT OR DRY CLEANERS shall mean a building or part of a building in which
the business of washing and/or dry cleaning of clothing and other fabrics is carried on and includes
both self-service and full-service facilities.
LIVESTOCK shall mean poultry, turkeys, cattle, swine, horses, sheep, goats, or any other animals
associated with an agricultural operation.
LIVESTOCK FACILITIES shall mean livestock and/or poultry barns, buildings or structures
where agricultural animals are housed and shall include feed lots and associated manure storage.
LOADING SPACE shall mean a space or bay located on a lot which is used or intended to be
used for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise or materials used in connection with the use of the lot or any building thereon.
LODGING ESTABLISHMENT shall mean an establishment which provides temporary
accommodation in one or more buildings for members of the public or organizations who are
vacationing or travelling and shall include a seasonal camp, a cabin, a hotel, a lodge and a motel.
- SEASONAL CAMP shall mean an establishment which provides meals, sleeping
accommodation and recreational opportunities to individuals and groups who are under the
supervision of camp staff and shall include children's camps, church camps, scouting
movement camps, YM/YWCA camps and other similar uses.
- CABIN shall mean an establishment designed to accommodate one or more persons in a
detached or semi-detached building.
- HOTEL shall mean an establishment containing four or more guest rooms served by a
common entrance. Accessory uses may include accommodation for staff, dining rooms,
meeting rooms, recreational amenities and similar uses.
- MOTEL shall mean an establishment containing four or more guest rooms each of which
has a separate entrance directly from outside the building. Accessory uses may include
dining rooms, meeting rooms, recreational amenities and similar uses.
LOT shall mean a parcel or tract of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
- CORNER LOT shall mean a lot, other than a waterfront lot as defined herein, situated at
the intersection of two streets, of which two adjacent sides that abut the intersecting streets
contain an angle of not more than 135 degrees.
- INTERIOR LOT shall mean a lot, other than a waterfront lot as defined herein, situated
between adjacent lots and which has frontage on one street.
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- THROUGH LOT shall mean a lot, other than a waterfront lot as defined herein, bounded
on two opposite sides by streets, provided that if any lot qualifies as being both a corner lot
and a through lot, the lot shall be deemed a corner lot for the purposes of this By-law.
- WATERFRONT LOT shall mean a lot which abuts a shoreline but which does not abut
an improved street or a street which will become an improved street pursuant to provisions
in, and financial security associated with, a subdivision agreement registered on the title to
the lot.
LOT AREA shall mean the total horizontal area within the lot lines of a lot, excluding any lands
below the high water mark on a lot with water frontage.
LOT COVERAGE shall mean that portion of the area of a lot covered by all main and accessory
buildings and structures, porches, decks, in-ground swimming pools and similar features, but
excluding automobile service station pump island canopies, entrance canopies for non-residential
buildings, and balconies and overhanging eaves which are more than 2.5 m above finished grade.
LOT FRONTAGE shall mean the width of a lot measured between the intersections of the side
lot lines with a line that is continuously 6 m back from and parallel to the front lot line.
LOT LINE shall mean any boundary of a lot or the vertical projection thereof.
- FRONT LOT LINE shall mean the following:
- In the case of an interior lot, the line dividing the lot from the street;
- In the case of a corner lot or through lot, the shorter lot line abutting a street, or where
access is gained to the lot regardless of the length of the line;
- In the case of a waterfront lot, the high water mark shall be deemed to be the front lot
line.
- REAR LOT LINE shall mean in the case of a lot having four or more lot lines, the lot line
farthest from and opposite to the front lot line. If a lot has less than four lot lines, there
shall be no rear lot line.
- SIDE LOT LINE shall mean a lot line other than a front or rear lot line.
MARINA shall mean an establishment or premises located on a water body and containing
facilities where boats and boat accessories are berthed, stored, serviced, repaired, maintained or
kept for sale or rent and where facilities for the sale of marine fuels and lubricants, as well as the
parking of customers' vehicles, may be provided. The incidental sale of convenience food and
personal items, camping and outdoor accessories and fishing gear is included as an accessory use.
MARINE FACILITY shall mean an accessory building or structure which is used to place a boat
into or out of a water body, or used to moor, berth or store a boat. This definition may include a
boat launching ramp, boat lift, dock, boathouse, boatport or slip. This shall not include any
building used for human habitation nor any marina or boat service, repair or sales facility, but may
include a rooftop deck on a boathouse.
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MICRO-BREWERY shall mean a building used for making beer, cider or spirits on a small scale
and may include tasting and dining facilities and the retail sale of related items.
MOBILE HOME shall mean a prefabricated building which bears a CSA Z240 approval and
which is designed to be towed on its own chassis (notwithstanding that its running gear is or may
be removed), designed and equipped for year round occupancy and containing therein facilities for
cooking or for the installation of cooking equipment, as well as sanitary facilities including a flush
toilet and shower or bathtub. This definition shall not include a travel trailer or tent trailer or trailer
otherwise defined in this By-law.
MOBILE HOME SITE shall mean a portion of a mobile home park designed to accommodate
one mobile home.
MOBILE HOME PARK shall mean land which has been provided and designed for the location
of two or more occupied mobile homes.
MOTEL - See Lodging Establishment.
NON-COMPLYING when applied to a use, building or structure shall mean a use, building or
structure which is listed as a permitted use in the zone in which it is located but which contravenes
one or more of the provisions of this By-law for the zone in which it is located, as of the date of
the passing of this By-law.
NON-CONFORMING shall mean a use, building or structure which, on the date of the passing
of this By-law, is not within the list of permitted uses for the zone in which it is located.
NURSING HOME - See Public Use
OFFICIAL PLAN shall mean the Official Plan of the Township of Elizabethtown-Kitley, as
amended.
ON-FARM DIVERSIFIED USE shall mean uses that are secondary to the principal agricultural
use of the property, and are limited in area. On-farm diversified uses include, but are not limited
to, home occupations, home industries, agri-tourism uses, and use that produce value-added
agricultural products, but shall not include a cannabis processing facility, as defined herein.
OPEN MARKET shall mean a building or open air facility where individual vendors operating
from stalls, booths or other defined areas offer the following for sale: Fresh fruit, vegetables and
herbs, poultry, fish, meat, eggs, cheese, honey, cider, maple products, cut flowers, bedding plants,
shrubs and trees, baked foodstuffs, second hand furniture and other items, handicrafts and other
hand-made products.
OPEN SPACE shall mean unoccupied space open to the sky on the same lot with the building.
OPEN STORAGE shall mean the storage of goods, merchandise or equipment outside a building
or structure on a lot or portion thereof, but does not include the outdoor display of a limited number
of samples of the goods, merchandise or equipment for the purposes of sales and advertisement,
nor does it include the open storage of a limited quantity of operative or licensed vehicles and
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Page 15
equipment that are normally associated with residential occupancy.
OUTDOOR GUN RANGE shall mean any use of land by the public, meaning any individuals
attending for the outdoor discharge of firearms, whether for recreational use such as target practice,
skeet shooting, trap shooting, or for firearms training purposes. Outdoor gun range use is only
permitted as defined herein on lands zoned to permit gun club use or other such site-specific zoning
which permits an outdoor gun range.
OUTDOOR SOLID FUEL COMBUSTION APPLIANCE shall mean an accessory building or
structure that operates as a heat source for associated buildings and which is regulated by a separate
by-law enacted by Council.
PARK shall mean an area consisting largely of open space, which may include a recreational area,
playground, playing field, tennis courts, lawn bowling greens, skating rinks, athletic field, picnic
areas, swimming pools, day camps, community centres or other similar use, but it shall not include
a mobile home park or campground.
- PUBLIC PARK shall mean a park owned or controlled by the Corporation or by any
ministry, board, commission or authority established under any statute of Ontario or
Canada.
- PRIVATE PARK shall mean a park other than a public park.
PARKING AREA shall mean a lot or lots or portions thereof required in accordance with the
provisions of this by-law for the temporary parking of motor vehicles and includes any related
aisles, parking spaces, entrance and exit lanes, but, it shall not include any part of a public street.
PARKING SPACE shall mean an area for the temporary parking or storage of motor vehicles.
PERSON shall mean an individual, an association, a chartered organization, a firm, a partnership
or a corporation.
PERSONAL SERVICE shall mean an establishment where a personal service related to the
grooming or health of persons is provided, or where the maintenance or repair of personal
wardrobe articles is performed. A personal service may include a hair stylist, an aesthetician, a
tailor, a shoe repair shop or similar use.
PET CEMETERY shall mean land used as a place of interment for the dead remains of domestic
pets.
PIT shall mean any open excavation made for the removal of any soil, earth, clay, marl, sand,
gravel or unconsolidated rock or mineral in order to supply material for construction,
manufacturing or industrial purposes but, it shall not include an excavation incidental to the
erection of a building or structure for which a building permit has been granted by the Corporation,
or an excavation incidental to the construction of any public works.
- CLASS B PIT shall mean a pit with a licence pursuant to the Aggregate Resources Act,
R.S.O., 1990, as amended, to remove 20,000 tonnes or less annually.
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- WAYSIDE PIT shall mean a temporary pit opened and used by or for a public road
authority solely for the purpose of a particular project or contract of road construction.
PLACE OF ASSEMBLY shall mean a building or structure used for the operation of arts and
craft shows, trade fairs, fashion shows, public meetings, banquets, community activities or events,
conferences, auctions and similar activities.
PLACE OF WORSHIP shall mean a building dedicated to religious worship.
PRIVATE GARAGE shall mean an attached or detached building which is accessory to a
dwelling and which is fully enclosed and designed or used for the sheltering of permitted vehicles
and storage of household equipment incidental to the residential occupancy.
PRIVATE RIGHT-OF-WAY shall mean a legal right of passage over a lot for the purpose of
providing vehicular access for two or more other lots.
PRINTING ESTABLISHMENT shall mean a business primarily engaged in the reproduction or
duplication of printed materials and/or the production of books, newspapers and similar
publications.
PROFESSIONAL OR BUSINESS OFFICE shall mean a building or part of a building in which
any business is conducted or profession is practiced, but which does not include any establishment
otherwise defined herein.
PUBLIC USE shall mean the use of land, buildings or structures for the supply of public services
by the Corporation, the United Counties of Leeds and Grenville, the Governments of Ontario or
Canada, any agencies, boards commissions or authorities thereof, and any company providing
electricity, natural gas, wired or wireless communications or rail transportation. Without limiting
the generality of the foregoing, among other uses, this shall include correctional institutions,
hospitals, homes for the aged and nursing homes.
QUARRY shall mean any open excavation made for the removal of consolidated rock or mineral
including limestone, sandstone or shale in order to supply material for construction, industrial or
manufacturing purposes.
- WAYSIDE QUARRY shall mean a temporary quarry opened and used by or for a public
road authority solely for the purpose of a particular project or contract of road construction.
RECREATIONAL ESTABLISHMENT shall mean any building or part of a building used for
the purposes of an amusement arcade, a bowling alley, curling rink, skating rink, billiard parlour,
health or athletic club, swimming pool, theatre or other similar use, but shall not include any
activity that involves an outdoor gun range, whether a main or accessory use.
RESIDENTIAL CARE HOME shall mean a residence primarily for the elderly and which
provides ancillary health and social services to the residents of the home and has communal dining
and recreational facilities.
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Page 17
RESTAURANT shall mean a building or part of a building where food and beverages are sold to
the public for immediate consumption on or off the premises.
RETAIL COMPRESSED GAS TRANSFER FACILITY shall mean a licensed transfer facility
from which propane and natural gas may be retailed to the public.
RETAIL STORE shall mean a building or part of a building where goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail and includes rental of consumer
goods and storage of limited inventory on or about the store premises.
RISK MANAGEMENT OFFICIAL shall mean a person appointed by the Corporation that is
responsible for the enforcement of Part IV of the Clean Water Act, and who has the qualifications
prescribed in Ontario Regulation 287/07, as may be amended.
SALVAGE YARD shall mean a junk yard, an automobile wrecking yard or premises and premises
where goods, wares, merchandise or articles are processed for further use or for the sale, storage,
keeping or abandonment of junk including scrap metals or other scrap material from the
dismantling, demolition or abandonment of vehicles or machinery parts.
SCHOOL shall mean an educational establishment as defined in the Education Act, and includes
any other facility which has a body of students and teachers and which provides primary,
elementary, secondary or adult education courses of study authorized or approved by the Minister
of Education for the Province of Ontario. This definition includes schools under the jurisdiction
of a Board of Education, as well as other private schools that provide such course of study, which
may also provide other specialized training or instruction, whether such private schools are
operated for profit or not-for-profit.
SELF-STORAGE FACILITY shall mean a building which is divided into spaces which may be
rented for the purpose of storing goods, wares, merchandise, equipment or materials.
SERVICE OUTLET shall mean an establishment where articles, goods or materials, excluding
vehicles, may be repaired or serviced.
SEWAGE DISPOSAL SYSTEM shall mean a privy, a greywater system, a cesspool, a leaching
bed system, a holding tank or any other privately-owned individual or communal system for the
on-site holding and/or treatment of sanitary sewage.
SHORELINE shall mean any lot line or portion thereof which is the shore of a water body.
SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a corner lot and
a line drawn from a point in one street line to a point in the other street line, each such point being
9 m from the point of intersection of the street lines, measured along the street lines. Where 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.
SIGN shall mean a name, identification, description, device, display or illustration which is affixed
to a building, structure or lot which directs attention to an object, product, place, activity, person,
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institute, organization or business and which does not contravene any by-law or regulation of the
Corporation, the County, the Province of Ontario or Government of Canada.
SOURCE PROTECTION PLAN shall mean the Cataraqui Source Protection Plan or the
Mississippi-Rideau Source Protection Plan, as applicable, prepared pursuant to the Clean Water
Act, 2006.
STOREY shall mean that portion of a building other than a cellar, basement or attic included
between the surface of any floor level and the surface of the floor, ceiling or roof above it.
STREET shall mean a public thoroughfare under the jurisdiction of the Corporation, the County
or the Province of Ontario. This definition does not include a lane, a private road or private right-
of-way.
- IMPROVED STREET shall mean a street which has been assumed by the Corporation,
the County or the Province and is maintained on a regular, year-round basis.
STREET ACCESS shall mean, when referring to a lot that such lot has a lot line or portion thereof
which is also a street line.
STREET LINE shall mean the limit of the road or street allowance and is the dividing line
between a lot and a street.
STREET SETBACK shall mean with reference to a street, the distance between the centreline of
a street allowance and the nearest building line.
STRUCTURE shall mean anything constructed or erected, the use of which requires location on
the ground or attached to something having its location on the ground and, without limiting the
foregoing, includes a trailer or a mobile home.
TRADESPERSON'S ESTABLISHMENT shall mean a building or part of a building which, in
addition to or as well as serving as an office, serves as a storage facility for the materials and
equipment of, and/or a workshop for the undertaking of repairs, the preparation of materials, or
the production of items on a custom order basis by, one of the following tradepersons: Heating
and cooling systems specialist, cabinet maker, carpenter, chimney sweep, drywaller or plasterer,
electrician, exterminator, fence installer, furniture refinisher, general building contractor, glass
installer, grounds maintenance person and landscaper, handyman, janitor, mason, painter,
plumber, printer, snow plough operator, upholsterer, welder, window cleaner and similar
tradepersons whose activities are not otherwise defined in this By-law.
TRANSPORTATION DEPOT shall mean an establishment where more than two commercial
vehicles are kept for hire, stored or parked and/or dispatched and may include accessory loading
and warehouse uses and truck or bus fuelling and repair facilities.
UNENCLOSED, when used in relation to an attached or detached porch, deck or other structure,
shall mean open except for a roof, supporting columns, safety railings, screens, curtains or shades.
The word unenclosed shall exclude partial or full solid walls or other solid materials such as glass
and synthetic glass substitutes normally intended to provide protection from the elements.
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USE, when used as a noun, means the purpose for which a parcel of land, lot, building or structure
or any combination thereof is designed, arranged, occupied or maintained and "uses" shall have a
corresponding meaning. "Use" when used as a verb, or "to use" shall also have a corresponding
meaning.
VEHICLE shall mean an all-terrain vehicle, an automobile, a boat, a commercial motor vehicle,
a mobile home, a motorcycle, a snowmobile, a recreational vehicle or a trailer. This definition shall
also include any agricultural implements driven or towed.
VEHICLE SALES OR RENTAL ESTABLISHMENT shall mean an establishment having as
its main use the sale, rental, leasing, servicing and accessory storage of vehicles.
VETERINARY CLINIC shall mean a building where one or more licensed veterinarians and any
associated staff provide medical, surgical, grooming or similar services to animals, but does not
include boarding services except those essential to recovery from medical treatment.
WAREHOUSE shall mean a building used for the bulk storage of commodities, goods, materials,
merchandise or wares.
WASTE DISPOSAL SITE shall mean a place where garbage, refuse, domestic or industrial waste
is disposed of or dumped and shall include a sewage treatment plant, lagoon or sludge disposal
area.
WASTE RECYCLING FACILITY shall mean an operation engaged in the processing and
recycling of non-hazardous solid wastes including but not limited to wood, drywall, cardboard,
metal and other construction wastes. Radioactive, pathological and/or asbestos-contaminated
materials or any other hazardous materials are not permitted to be processed.
WASTE TRANSFER FACILITY shall mean an operation wherein waste materials collected
from surrounding areas are stored on a temporary basis entirely within a building and then shipped
to the appropriate disposal site.
WATER BODY shall mean any bay, lake, river, watercourse, canal or municipal drain pursuant
to the Drainage Act, but excluding a drainage or irrigation channel.
WATERCOURSE shall mean a natural drainage channel that contains water either permanently
or intermittently, including creeks and streams.
WATER SETBACK shall mean, in reference to a water body, the horizontal distance between
the high water mark and the nearest building line.
WHOLESALE ESTABLISHMENT shall mean a business engaged in the bulk storage and sale
of commodities, goods, materials, merchandise or wares for resale or business use.
YARD shall mean an open, uncovered space appurtenant to a building or structure.
- FRONT YARD shall mean a yard extending across the full width of the lot between the
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
front lot line and the nearest part of any main building or structure on the lot.
- REAR YARD shall mean a yard extending across the full width of the lot between the rear
lot line and the nearest part of any main building or structure on the lot.
- SIDE YARD shall mean a yard extending from the front yard to the rear yard between the
side lot line and nearest part of any main building or structure on the lot.
- EXTERIOR SIDE YARD shall mean a side yard abutting a street.
- INTERIOR SIDE YARD shall mean a side yard other than an exterior side yard.
ZONE shall mean:
- A land use category as defined and regulated in this By-law; or
- A designated area of land shown on the zoning schedules to this By-law.
ZONING shall mean the demarcation of an area into zones and the establishment of regulations
to govern the use of the land within these zones and the location, bulk, height, shape, use and
coverage of structures within each zone. The terms "zone provisions" and "zone requirements"
shall have a corresponding meaning.
ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
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Page 21
SECTION 3 - GENERAL PROVISIONS
3.1
Accessory Uses
Except as otherwise set out in this section, accessory uses, buildings or structures shall be
permitted in any zone, provided that:
1. Accessory buildings or structures shall not be used for human habitation, except as
specifically permitted elsewhere in this By-law.
2. Accessory buildings and structures shall be included for the purposes of compliance
with maximum lot coverage provisions.
3. There shall be no minimum yard or water setback provisions applicable to a marine
facility, except that the minimum side yard shall be 4.5 m. For the purpose of this By-
law, a side lot line on a waterfront lot shall be interpreted to follow a straight-line
projection into the waterbody.
4. The minimum separation distance between a detached accessory building and any other
building shall be 1 m.
5. Any building or structure that is attached to the main building shall not be considered
as accessory.
6. Accessory buildings and structures shall conform to the yard and other zone provisions
applicable to main buildings, except that in a Residential zone, accessory buildings or
structures shall be subject to the following special provisions:
1. The lot coverage of all accessory buildings or structures shall not exceed 10%
and shall also comply with the total lot coverage provisions for the applicable
zone.
2. The maximum height of an accessory building or structure shall be 5.0 m.
3. Accessory buildings or structures other than marine facilities shall only be
located in an interior side or rear yard and, where more than 14 m2 in floor or
surface area, shall provide a minimum yard of 3.0 m.
4. No accessory building or structure shall be located closer than 1 m from any lot
line, except as otherwise provided for a marine facility in Section 3.1.3.
7. Except as otherwise provided in this section, accessory buildings and structures shall
conform to the zone provisions applicable to main buildings. Notwithstanding the
foregoing, on a lot zoned Rural (RU) and having a lot area of 0.8 ha or less, the
minimum required side yard and minimum required rear yard may be reduced to 3 m.
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3.2
Cannabis Processing Facilities
Notwithstanding any other provision of this By-law, where a cannabis processing facility,
as herein defined, is listed as a permitted use, such use shall be subject to the following
provisions:
1. The following setbacks shall be required:
- If equipped with Air Treatment Control
o 150 m from any residential or institutional use, or a vacant lot zoned to
permit any residential use or an institutional use, as defined herein.
- If not equipped with Air Treatment Control
o 300 m from any residential or institutional use, or a vacant lot zoned to
permit any residential use or an institutional use, as defined herein.
2. A building or structure used for security purposes may be located in the required front
yard.
3.3
Existing Undersized Non-Complying Lots
1. Where, on the date of passing of this By-law, an existing lot has less than the minimum
lot frontage, water frontage and/or lot area required by this By-law, or is increased in
lot frontage, water frontage and/or lot area but is still undersized, such non-complying
lot may be used and a building or structure may be erected, altered or used for a purpose
permitted in the zone in which it is located on the date of the passing of this By-law
without the requirement to obtain relief from the applicable lot area and/or lot frontage
provisions of this By-law. This provision shall not be construed as granting relief from
any other provisions of this By-law.
2. Subsection 3.3.1 above shall not apply to any lot that abuts a water body and has a lot
area of less than 0.2 ha.
3.4
Front Yard Reduction Within Settlement Area
Notwithstanding any minimum front yard or street setback requirement of this By-law to
the contrary, on a lot within the Settlement Area designation of the Official Plan, the front
yard may be reduced to 3.0 m or the average of the front yards of existing main buildings
located on the two immediately adjacent lots, whichever is greater.
3.5
Frontage on an Improved Street
No lot shall be used and no building or structure shall be erected on a lot in any zone unless
such lot has sufficient frontage on an improved street to provide driveway access directly
onto the street. Notwithstanding the foregoing, this provision shall not apply to:
- A non-residential building or structure accessory to an agricultural or conservation
use, as defined in this By-law;
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Page 23
- A lot on a registered plan of subdivision and with frontage on a street which will
become an improved street pursuant to provisions in, and financial security
associated with, a subdivision agreement that is registered on the title to the lot;
- A lot located in a Limited Services Residential (RLS) zone.
3.6
Group Homes
Group homes shall be permitted in all zones in which a single dwelling is listed as a
principal use in the zone in which it is located.
3.7
Height Exceptions
1. The maximum height restrictions of this By-law shall not apply to the following:
- Air conditioning, heating or similar mechanical equipment
- Antenna
- Barn
- Belfry, spire or dome associated with a place of worship
- Chimney
- Clock tower
- Communications tower
- Electrical supply structure
- Elevator or mechanical penthouse
- Farm implement storage building
- Flag pole
- Grain elevator
- Lightning Rod
- Silo
- Solar collector
- Water tower
- Wind turbine
3.8
Height Restrictions - Airport
Within the areas shown on Schedule B to this By-law and notwithstanding any other
provisions of this By-law relating to the maximum height of buildings or structures, no
permitted building or structure shall be erected to a geodetic elevation higher than that
shown on Schedule B hereto, nor shall any landscaping be permitted to grow to a geodetic
elevation higher than that permitted for the buildings and structures.
3.9
Home-Based Businesses
A home-based business shall be permitted as an accessory use to a residential use in
accordance with the following provisions:
1.
No more than 25% or 40 m2 of the floor area of the dwelling unit, including any
attached garage, whichever is lesser, shall be used for the home-based business. For
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clarity, a home-based business may be located within the dwelling unit and/or within
any attached garage.
2.
On lots outside of lands designated Settlement Area in the Official Plan, a maximum
of 40 m2 of floor area within an accessory building may be used for the home-based
business, provided that:
1. The accessory building shall be located a minimum of 15 m from the closest
dwelling on another lot.
2. The accessory building shall be located no greater than 15 m from the dwelling
to which it is accessory.
3. The combined total floor area used for the home-based business within the
accessory building and dwelling unit shall not exceed 40 m2.
3.
There shall be no visible indication from the exterior of the presence of the home-
based business other than one non-illuminated sign not larger than 0.6 m2.
4.
There shall be no open storage of inoperative or unlicensed motor vehicles or other
materials, or outdoor animal enclosures.
5.
There shall be no storage of hazardous materials or flammable, corrosive or explosive
substances.
6.
There shall be no direct retail sale or display of goods other than those produced on
the premises or those which are clearly incidental to a personal service home-based
business. Notwithstanding the foregoing, in the case of a home-based business in food
catering, there shall be no direct retail sale of ready-to-eat foods for immediate
consumption either on the premises or take-out.
7.
Where instruction, respite care or day care is provided, there will be no more than six
persons, other than the instructor or caregiver, in attendance at any one time. In the
case of all other home-based businesses, not more than one individual client or
customer shall be served at any one time.
8.
A maximum of one person in addition to the dwelling occupant(s) may be employed
in the home-based business, provided that the maximum number of persons employed
in the home-based business shall not exceed three. For the purposes of this subsection,
the number of persons shall be calculated on the basis of full-time equivalence.
9.
Notwithstanding Subsections 3.9.7 and 3.9.8 above, in the Limited Services
Residential (RLS) zone, no persons except the dwelling occupant(s) shall be employed
in the home-based business and no clients or customers shall be permitted to visit the
dwelling to utilize the services of the business.
10. Not more than two commercial-use vehicles and one commercial-use trailer per
dwelling unit may be parked or stored on a lot. Such commercial vehicles and/or
trailer shall have a rated load capacity not exceeding one tonne.
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Page 25
11. The home-based business shall not, in the opinion of the Township, change the
predominantly residential character of the property or create or become a public
nuisance with regard to noise, odours, vibration, heat, traffic, lighting or other
annoyance.
3.10
Loading Space Requirements
1. Number of Loading Spaces Required
Any commercial or industrial use which involves the transfer of goods, wares,
merchandise or raw materials to and from the site shall provide and maintain loading
facilities on the lot in accordance with the following regulations:
Floor Area of Building
Number of Loading Spaces
Less than 200 m2
0
200 m2 - 1,000 m2
1
Over 1,000 m2
1 plus 1 additional loading space per each 1,000 m2
of floor area or part thereof
2. Loading Space Size
A required loading space shall be a minimum of 9.0 m long, 3.5 m wide, have vertical
clearance of at least 4.5 m and driveway access that is a minimum of 3.5 m in width.
3. Loading Area Surface
A loading area shall be maintained with a stable surface such as concrete, asphalt or
crushed stone.
4. Cumulative Loading Requirements
Where a lot, building or structure accommodates more than one use, the loading space
requirement shall be calculated on the basis of the total floor area of all commercial
and industrial uses.
3.11
Lots Containing More Than One Use
Where a lot accommodates more than one use and the provisions of this By-law for the
uses are different, the more restrictive provisions shall apply.
3.12
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone such that it has split zoning, each portion
of the lot shall be used in accordance with the provisions of this By-law for the zone where
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such portion of the lot is located. In no case shall split zoning be interpreted to allow more
dwellings or dwelling units on the lot than would otherwise be permitted by the least
restrictive of the applicable zones.
3.13
Moving of Buildings
No building or structure shall be moved into the Township or onto any lot unless its use
and location comply with this By-law.
3.14
Non-Conforming Uses and Non-Complying Uses, Buildings and Structures
1. Buildings Accessory to Non-Conforming Uses
An accessory building may be erected for an existing legal non-conforming use,
provided it complies with the provisions of this By-law relating to accessory uses,
buildings and structures.
2. Change of Non-Conforming Use
A legal non-conforming use shall not be changed to another use unless it is to a
permitted use in the zone in which it is located. Pursuant to the provisions of the
Planning Act and the Official Plan, a non-conforming use shall only be changed to
another non-conforming use with the permission of the Committee of Adjustment.
3. Repair, Restoration and Reconstruction of Non-Conforming Uses or Non-
Complying Uses, Buildings or Structures
A legal non-conforming or non-complying use, building or structure shall only be
repaired, restored or reconstructed in accordance with the rights conveyed to legal non-
conforming uses pursuant to the applicable provisions of the Planning Act, provided
that the height, size and volume of the building or structure shall not be increased except
in accordance with Sections 3.14.5 or 3.14.6 below, as applicable.
4. Replacement of Non-Complying Sewage Disposal Systems
Notwithstanding any provision of this By-law to the contrary, a sewage disposal system
which was legally constructed under the regulations governing sewage disposal
systems that were in force and effect at the time of such construction but that is non-
complying with respect to the water setback provisions, shall be replaced such that the
minimum water setback is the setback of the existing sewage disposal system or as set
out in the Ontario Building Code, whichever is greater.
5. Enlargements of Non-Conforming Uses
A legal non-conforming use shall not be enlarged or extended, except with the
permission of the Committee of Adjustment for the Township, pursuant to the
provisions of the Planning Act and the Official Plan.
6. Enlargements of Non-Complying Uses, Buildings or Structures
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Page 27
A legal non-complying use, building or structure shall not be enlarged, except in
compliance with all applicable provisions of this By-law.
3.15
Occupancy Restrictions
None of the following shall be used as a dwelling or for the purposes of human habitation:
1. Any truck, bus, coach, railway or streetcar body;
2. Any marine facility or building or structure accessory to a residential use;
3. Any recreational vehicle, travel trailer or tent trailer, except in a campground or as a
temporary use in accordance with Section 3.29 of this By-law;
4. Any dwelling unit the entirety of which is located in a cellar.
3.16
Open Storage
Open storage shall be permitted as an accessory use to a permitted use within any zone
other than a Residential zone, provided that:
1.
No part of an open storage area shall be located within a front yard or any minimum
side or rear yard or water setback required by this By-law;
2.
Open storage shall not occupy any driveway or parking or loading area required by
this By-law;
3.
Where open storage is situated less than 30 m from a Residential zone, a street or a
dwelling on another lot, a continuous buffer strip consisting of a berm, fence or
landscaping having a minimum combined height of 1.5 m shall be provided so as to
screen the open storage area from the street or dwelling. Such buffer strip shall be
broken only by a driveway or walkway from the street.
3.17
Parking Requirements
1. Number of Parking Spaces Required
In any zone, the owner or occupant of any lot or building or structure erected, enlarged
or changed in use after the passing of this By-law, shall provide off-street parking in
accordance with the following:
Type of Use
Number of Parking Spaces Required
One and two-unit dwellings
2 parking spaces per dwelling unit, provided
that 1 of the 2 required spaces may be in
tandem
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Dwellings of three units or more
1 parking space per dwelling unit
Mobile home park or
1 parking space per site
Campground
Group home
1 parking space in addition to the applicable
dwelling requirement
Boarding house,
1 parking space, plus 1 parking space per 4
residential care home
rooming units
Home-based business
1 parking space in addition to the applicable
dwelling requirement
Bed and breakfast
1 parking space per guest room in addition to
the applicable dwelling requirement
Lodging Establishment
1 parking space per guest room or cabin plus
1 parking space per 20 m2 of floor area
devoted to dining or meeting uses
Restaurant, banquet hall, adult
1 parking space per 12 m2 of floor area
entertainment parlour
Place of worship or assembly
1 parking space per 12 m2 of floor area
devoted to public assembly
Recreational use, instructional
1 parking space per 4 persons design
facility
capacity or 1 parking space per 20 m2 of floor
area, whichever is greater
Retail store, personal service,
1 parking space per 20 m2 of floor area
merchandise service outlet
Clinic
1 parking space per 20 m2 of floor area
Marina
1 parking space per boat slip or 1 parking
space per 20 m2 of floor area, whichever is
greater
Commercial use not defined
1 parking space per 20 m2 of floor area
Professional or business office
1 parking space per 25 m2 of floor area
School - elementary
1.5 parking spaces per classroom
School - secondary
4 parking spaces per classroom
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 29
Institutional or public use
1 parking space per 40 m2 of floor area
Industrial, warehouse or
1 parking space per 70 m2 of floor area
storage use
2. More than One Use on a Lot
Where a building or lot accommodates more than one use, the number of parking spaces
required shall be the sum of the requirements for each of the uses.
3. Parking Space Size and Access
Each parking space shall have minimum dimensions of 2.75 m by 6 m, except that a
parking space for the physically-disabled shall have minimum dimensions of 3.7 m by
6 m. A parking space shall have unobstructed access, except where tandem parking is
specifically permitted by this By-law.
4. Parking for the Physically-Disabled
Where a required parking area contains 10 or more parking spaces, reserved parking
spaces for the physically-disabled shall be provided at the rate of 1 parking space for
the physically-disabled per 30 required parking spaces or fraction thereof, subject to
the provision of a minimum of 1 parking space for the physically-disabled.
5. Driveway Access to Parking Areas
1. Driveways designated for two-way traffic shall have a minimum width of 6 m. One-
way driveways and driveways serving only one dwelling unit shall have a minimum
width of 3 m. For portions of a driveway that directly abut a parking space, the
minimum driveway width shall be as follows:
Angle of Parking Space to Driveway
Minimum Driveway Width
0 degrees
3 m
30 degrees
3.4 m
45 degrees
3.7 m
60 degrees
5.4 m
90 degrees
6 m
2. The minimum setback of a driveway access shall be as follows:
- From the intersection of two street lines
7.5 m
- From the intersection of a street line and a
lot line not abutting a street
1.2 m
3. The maximum width of a driveway measured at the street line shall be 9 m.
4. Where the exclusive or principal use of a lot is for residential purposes and the
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
number of driveways is not otherwise regulated by an authority other than the
Township, the maximum number of driveways shall be as follows:
- Lot frontage less than or equal to 60 m
2
- Lot frontage greater than 60 m
3
provided that in no case shall the combined width of all driveways, measured at the
street line, exceed 30% of the lot frontage.
6. Parking Area Surface
A parking area shall be maintained with a stable surface such as concrete, asphalt or
crushed stone.
7. Parking Area Location
1. All required parking shall be provided on the same lot as the use.
2. The minimum setback from a lot line shall be 1.2 m for any parking area that
accommodates more than two vehicles.
3. The minimum water setback of a parking space shall be 30 m, except that in the
case of an existing single dwelling that is non-complying with respect to its water
setback, the water setback of a parking space may be reduced to that of the existing
dwelling.
8. Parking Requirements for Changes or Additions to Existing Buildings
1. Where an existing building or structure has insufficient parking spaces to comply
with the provisions of this By-law, this By-law shall not be interpreted to require
that the deficiency be made up prior to the construction of any addition, however,
no addition may be built and no change of use may occur within the existing
building or structure, the effect of which would be to increase the extent of such
deficiency.
2. Notwithstanding any provision of this By-law to the contrary, within any lands
designated Settlement Area in the Official Plan, an existing building the use of
which is being changed to a new use with a greater parking space requirement than
the previous use shall not be required to provide any additional parking, provided
that any parking deficiency shall not be increased by more than 10 parking spaces.
9. Use of Parking Spaces and Areas
Within any Residential zone, not more than two commercial-use vehicles and one
commercial-use trailer per dwelling unit may be parked or stored on a lot. Such
commercial vehicles and/or trailer shall have a rated load capacity not exceeding one
tonne.
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 31
3.18
Pits, Quarries, Wayside Pits, Wayside Quarries and Portable Asphalt Plants
No pit, quarry, wayside pit, wayside quarry or portable asphalt plant shall be permitted
except in a zone where such uses are specifically listed as permitted.
3.19
Public Uses
1. Except in the case of lands zoned Environmental Protection - PSW (EP-PSW) and
Flood Plain (FP), any land may be used and any building or structure erected or used
for the purpose of a public use as defined in this By-law, provided that lot coverage,
setback and yard requirements of the zone in which such land, building or structure is
located shall be complied with, except that towers, poles, lines and transmission
facilities for natural gas, electricity, cable, water, storm and sanitary sewage and wired
and wireless communications shall be permitted in any yard.
2. Where a public use is to be located in the Environmental Protection - ANSI (EP-ANSI)
or Environmental Protection - LSW (EP-LSW) zone, Sections 13.2.3.2 and 13.3.3.2,
respectively, shall apply.
3.20
Residential Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new dwelling shall be located
minimum distances from certain zones or land uses on other lots as follows:
- From a Class "B" pit with no excavation below water table
150 m
- From any other pit or a concrete plant
300 m
- From a quarry or an asphalt plant
500 m
- From land zoned Salvage Yard Industrial
300 m
- From land zoned Disposal Industrial
500 m
- From livestock facilities
As per the Minimum Distance Separation I
(MDS I) formula, as issued by the Ontario
Ministry of Agriculture, Food and Rural
Affairs, except that MDS I shall not apply to
a new dwelling to be located on an existing
lot of less than 2 ha in area.
- From a rail line right-of-way
30 m
3.21
Second Dwelling Unit and Second Dwelling
Notwithstanding any provision of this By-law to the contrary, where a single dwelling,
semi-detached dwelling or a townhouse dwelling is permitted as a principal use in a zone,
a second dwelling unit or a second dwelling, as herein defined, but not both, are permitted
on the same lot in accordance with the following provisions:
1. General
- The second dwelling unit or second dwelling shall be located on a lot that abuts an
improved street.
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- The second dwelling unit or second dwelling shall comply with the provisions of
the Building Code Act.
- The second dwelling unit or second dwelling shall be connected to the same water
supply and sewage disposal system as the principal dwelling.
- Prior to obtaining a building permit for a second dwelling unit or a second dwelling,
the applicant shall obtain a septic system approval.
- The maximum floor area of the second dwelling unit or second dwelling shall not
exceed 65% of the floor area of the principal dwelling, to a maximum of 80 m2 on
a lot zoned Residential Type 1 (R1), Residential Type 2 (R2) and Estate Residential
(RE), and 95 m2 on a lot zoned Rural (RU) or Agriculture (AG).
- The second dwelling unit or second dwelling shall share the driveway entrance to
the lot with the principal dwelling.
- A minimum of one parking space shall be provided for the second dwelling unit or
second dwelling, in addition to the minimum parking requirements for the principal
dwelling.
- The second dwelling unit or second dwelling shall be included in the calculation of
lot coverage.
- The lot area and lot frontage shall be in accordance with the applicable requirements
of the zone for the dwelling types.
2. Additional Provisions for Second Dwelling Unit
- The second dwelling unit shall not occupy the whole of a storey.
- The second dwelling unit shall share at least two of the following with the principal
dwelling:
- building entrance
- parking area
- outdoor amenity space
- No enlargement or extension to the principal dwelling shall be permitted unless the
enlargement or extension conforms to all other applicable provisions of this By-
law.
3. Additional Provisions for Second Dwelling
- An existing accessory building in a zone where a residential use is permitted may
be partially or fully converted to a second dwelling, except that no habitable room
window shall face an interior side lot line or a rear lot line which abuts another lot
unless the existing accessory building conforms to the minimum side lot line
setback and rear lot line setback as is required for the principal dwelling, as the case
may be.
- A new accessory building may be constructed as a second dwelling provided it
conforms to all applicable provisions for the principal dwelling.
- The maximum permitted height of a new second dwelling shall be 7.5 m.
- A new accessory building which is constructed as a second dwelling shall be
separated by not greater than 9 m from the principal dwelling on a lot zoned Rural
(RU) or Agriculture (AG) and not greater than 5 m on a lot zoned Residential Type
1 (R1), Residential Type 2 (R2), or Estate Residential (RE).
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Page 33
3.22
Setbacks from Environmental Protection Zones
Notwithstanding any other provisions of this By-law, the minimum setback of any building
or structure, including a sewage disposal system, from lands zoned EP-PSW, EP-ANSI and
EP-LSW in this By-law shall be as follows:
- From the EP-PSW zone
120
m
or
such
lesser
setback
as
recommended in an Environmental Impact
Study undertaken to the satisfaction of the
Township that demonstrates no negative
impacts on natural features or ecological
functions, provided that such lesser setback
shall not be less than 30 m
- From the EP-ANSI zone
120
m
or
such
lesser
setback
as
recommended in an Environmental Impact
Study undertaken to the satisfaction of the
Township that demonstrates no negative
impacts on natural features or ecological
functions
- From the EP-LSW zone
50 m or such lesser setback as recommended
in
an
Environmental
Impact
Study
undertaken to the satisfaction of the
Township that demonstrates no negative
impacts on natural features or ecological
functions
Notwithstanding the generality of the foregoing, for lands zoned EP-LSW, the boundary
of the EP-LSW zone may be altered by the Municipality without further amendment to this
By-law in relation to any parcel of land where a qualified professional(s) demonstrates, to
the reasonable satisfaction of the Municipality, the appropriate location of the zone
boundary in relation to any proposed development. Once the Municipality accepts the
location of the EP-LSW boundary, the 50 m setback and the provisions of this section shall
apply to the altered boundary.
3.23
Setbacks from Natural Gas or Liquid Fuel Pipelines
Notwithstanding any other provisions of this By-law, the minimum setback of any building
or structure from a natural gas or liquid fuel pipeline main corridor right-of-way shall be
as follows:
- Main building or structure
7 m
- Accessory or temporary building or structure
3 m
3.24
Sewage Disposal Systems and the Applicability of this By-law
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Except in relation to water setbacks and setbacks from Environmental Protection (EP)
zones, sewage disposal systems shall not be subject to the provisions of this By-law.
3.25
Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area defined as
a sight triangle, the following uses shall be prohibited:
- A building, structure or use which would obstruct the vision of motorists;
- A fence or any vegetation of a height which is more than 1 m above the elevation
of the centrelines of abutting streets;
- A parking or loading area.
3.26
Shoreline Area Occupancy
Notwithstanding any provisions of this By-law to the contrary, on any lot abutting a water
body and used for purposes other than a marina, a maximum of 20% or 15 m of the
shoreline area, whichever is lesser, may be occupied by marine facilities, pump houses,
stairs, decks, patios, gazebos and all other accessory buildings and structures. For the
purposes of this section, the shoreline area shall include that portion of the lot lying within
3 m of the high water mark and that portion of the water body within 3 m of the high water
mark.
3.27
Source Water Protection
The Intake Protection Zones, IPZ-1 and IPZ-2, as shown on Schedule A3 are overlay zones
as defined in the Source Protection Plan. Notwithstanding any provisions of the underlying
zones to the contrary, the following additional provisions shall apply:
1. In the IPZ-1 overlay zone, the following land uses and activities are prohibited:
- Waste disposal site, including hazardous, municipal, and solid non-hazardous waste
- Storage of mine tailings
- Landfarming of petroleum refining waste
- Wastewater treatment facilities and related infrastructure
- The application and/or storage of agricultural source material to land
- The management of runoff that contains chemicals used in the de-icing of aircraft
- The use of land as livestock grazing or pasturing, an outdoor confinement area or
farm animal yard
- The handling and storage of more than 2,500 kilograms or litres of pesticide at a
facility where it is sold or used for application at other sites, except where it is
manufactured or processed
- The storage of agricultural source material
- The handling and storage of more than 5,000 tonnes of road salt in a manner that
may result in its exposure to precipitation or runoff from precipitation or snow melt
- At or above-grade snow storage that is more than 1 hectare
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Page 35
2. In the IPZ-2 overlay zone, the following land uses are prohibited:
- Wastewater treatment facilities and related infrastructure
- The application of agricultural source material to land
- The use of land as livestock grazing or pasturing, an outdoor confinement area or
farm animal yard
- The storage of agricultural source material
3. In addition, all development applications and building permit applications for land uses
within the IPZ-1 and IPZ-2 overlay zones, as shown on Schedule A3, other than for
residential, shall be reviewed by the Risk Management Official and may require a risk
management plan prepared to the satisfaction of the Risk Management Official.
3.28
Street and Private Right-of-Way Setbacks
The following setbacks shall be required:
- County Streets
13.1 m from the centre line of the street plus the
minimum required yard for the appropriate zone,
except in the case of County Road Nos. 2 and 42, in
which case the setback shall be 15.25 m from the
centre line of the street plus the minimum required
yard for the appropriate zone
- Township Streets
10 m from the centre line of the street plus the
minimum required yard for the appropriate zone
- Private right-of-way
6 m from the limit of the right-of-way
3.29
Temporary Uses
The following shall be permitted in any zone, except Environmental Protection (EP) and
Flood Plain (FP) zones:
- Construction facilities such as sheds, scaffolds and other structures incidental to the
construction on the premises for so long as the work is in progress;
- A temporary real estate sales and/rental office;
- A travel trailer, tent trailer or recreational vehicle occupied on a temporary basis
during the course of construction of a dwelling on the same lot, provided that:
- Temporary connection to an approved on-site sewage disposal system is
provided;
- A building permit for a dwelling has been issued and remains in force;
- The trailer or recreational vehicle is located in accordance with the required
yards and water setbacks applicable to a dwelling;
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
- In no event shall the trailer or recreational vehicle be located on the lot for a
period exceeding one year from the date of issuance of the building permit.
3.30
Through Lots
On a through lot, the minimum front yard requirement shall apply to each yard abutting a
street.
3.31
Tiny Houses
A tiny house is permitted as a single dwelling in all zones where a residential use is a
permitted principal use, except in the Estate Residential (RE) zone, provided that the
applicant shall obtain a sewage system approval and that the tiny house meets all of the
zone standards of the applicable zone and all of the provisions of the Ontario Building
Code.
3.32
Water Frontage and Water Setbacks
1. Except as otherwise provided by Section 3.3, the minimum water frontage for any lot
abutting a water body shall be 60 m.
2. Except as otherwise permitted by Sections 3.1, 3.14, 3.26 and 3.33 of this By-law, the
minimum water setback shall be 30 m for all buildings and structures, including sewage
disposal systems but excluding the following:
- Decks, hot tubs and gazebos which are unattached to a main building and which
have a combined floor surface area of less than 14 m2;
- Marinas, pump houses, stairs, marine facilities and roof decks situated on
marine facilities.
3.33
Yard and Water Setback Encroachments
Notwithstanding the yard and setback provisions of this By-law, the following
encroachments are permitted:
- Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, bay windows and
other ornamental features may project into any existing yard or minimum required
yard or water setback by not more than 0.6 m, provided that in no case shall they
be located closer than 0.4 m to any lot line;
- Attached unenclosed porches, open patios, decks, balconies, hot tubs, exterior stairs
and landings may project from the main building into any minimum required yard
or water setback by not more than 1.5 m, except that where an existing main
building is non-complying in relation to the required water setback, an open and
unroofed porch, deck, hot tub, exterior stairs or landing having a combined
horizontal surface area of less than 14 m2 may project into the existing water setback
by a maximum of 1.25 m;
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 37
- Awnings, clothes poles, flag poles, garden trellises, fences, plant materials,
handicapped ramps, business signs and similar accessory structures shall be
permitted in any required yard or water setback;
- Swimming pools, including all related equipment, shall only be located in an
interior side or rear yard. In the case of a waterfront lot as defined in this By-law,
such pools and equipment may also be located in a front yard. In no case shall such
pools or equipment be located closer than 1.5 m to any lot line or encroach into the
required 30 m water setback.
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 4 - ZONES
4.1
General
For the purposes of this By-law, the land area of the Township is divided into various
generalized and specific zones to which the provisions and regulations herein shall apply.
4.2
Zones and Zone Symbols
Zone Name
Symbol
Residential Zones
- Residential Type 1
R1
- Residential Type 2
R2
- Estate Residential
RE
- Limited Services Residential
RLS
- Mobile Home Park Residential
RMH
Commercial Zones
- General Commercial
CG
- Rural Commercial
CR
- Local Commercial
CL
- Tourist Commercial
CT
Industrial Zones
- General Industrial
MG
- Business Park Industrial
MBP
- Rural Industrial
MR
- Salvage Yard Industrial
MS
- Disposal Industrial
MD
- Airport Industrial Zone
MAP
Institutional Zones
- Institutional
I
Open Space Zones
- Open Space
OS
Rural Zones
- Rural
RU
Agriculture Zones
- Agriculture
AG
Mineral Resource Zones
- Mineral Aggregate Extraction - Pit
EX-P
- Mineral Aggregate Extraction - Quarry
EX-Q
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 39
Natural Heritage Zones
- Environmental Protection - PSW
EP-PSW
- Environmental Protection - ANSI
EP-ANSI
- Environmental Protection - LSW
EP-LSW
Natural Hazard Zones
- Flood Plain
FP
4.3
Boundaries of Zones
The location and boundaries of the zones established by this By-law and certain
requirements applicable to such zones are shown on the maps hereto attached as Schedules
A1, A2 and A3. Where any uncertainty as to the boundary of any zone as shown on the
zoning schedules, the following provisions shall apply:
1. Where a zone boundary is indicated as following and is within the boundary of a street,
lane, railway right-of-way, other right-of-way or watercourse, the boundary shall be
the centre of such street, lane, railway right-of-way, right-of-way or watercourse.
2. Where a zone boundary is indicated as approximately following lot lines on a registered
plan of subdivision, deposited reference plan or original Township survey, the
boundary shall follow such lot lines. No amendment to the By-law shall be required
for minor adjustments to zone boundaries shown on Schedules A1, A2 and A3 where,
in the opinion of the Township, such adjustments are merely for the purpose of more
accurately reflecting surveyed information.
3. Where a zone boundary is indicated as following a shoreline of a watercourse, the
boundary shall follow such shoreline and in the event that the shoreline changes, the
boundary shall be taken as having moved with the shoreline.
4. Where a zone boundary as indicated follows the 1:100 year flood line, the boundary
shall be the 1:100 year flood line.
5. Where any street, lane, right-of-way, railway right-of-way or watercourse as shown on
the schedules is hereby closed or diverted, the object of such closure or diversion shall
be included within the zone of the abutting property on either side thereof.
6. Where any zone boundary is left uncertain after the application of clauses (1) through
(5) above, the boundary shall be determined by scale from the original full size zoning
schedules.
7. Wherever it occurs, the municipal boundary is the limit of the zone.
4.4
Holding Zones
Where a zone symbol is followed by a hyphen and the letter "h", this denotes a holding
zone. Within such zones, only existing uses shall be permitted unless specifically stated
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
otherwise in the by-law, until the "h" has been removed. The removal of the holding
provision shall require an amendment to the By-law. Such amendment shall only be passed
by Council when any applicable servicing, phasing or financial conditions or agreements
for the lands have been satisfied in accordance with the requirements of the Official Plan.
4.5
Special Zones
Where a zone symbol is followed by a hyphen and a letter or a number other than "-h", (for
example, "-x" or "-1"), the lands so zoned shall be subject to all the provisions of the zone
represented by such symbol except as otherwise provided by the special provisions of that
zone.
4.6
Temporary Zones
Where a temporary zone is established for the purpose of accommodating a temporary use
pursuant to the provisions of the Planning Act, the lands so zoned shall be subject to all the
provisions of the zone, except that a temporary use shall be permitted for a certain limited
period of time. The zone symbol shall be followed by a hyphen, the letter "T" and a letter
or a number other than "-h", (for example, "-Tx" or "-T1").
Temporary zones in force and effect are as follows:
1. R1-T1 (Part of Lot 34, Con. 1, Elizabethtown - 0801-000-060-38000)
Notwithstanding the provisions of Section 5.1.1 of this By-law to the contrary, on the
lands zoned R1-T1, a garden suite shall be an additional permitted use for a period of
ten (10) years from March 14, 2011, subject to an agreement being entered into between
the owner and the Township to address installation, maintenance, occupancy, removal
and any necessary financial security.
2. RE-T2 (Part of Lots 30 and 31, Con. 1, Elizabethtown - 0801-000-060-27801)
Expired June 20, 2013
3. R1-T3 (Part of Lot 22, Con. 2, Elizabethtown - 0801-000-020-00901)
Notwithstanding the provisions of Section 5.1.1 of this By-law to the contrary, on the
lands zoned R1-T3, a garden suite shall be an additional permitted use for a period of
ten (10) years from May 14, 2012, subject to an agreement being entered into between
the owner and the Township to address installation, maintenance, occupancy, removal
and any necessary financial security. As an alternative to removal, the garden suite
may be converted into a detached garage accessory to a single dwelling.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 41
SECTION 5 - RESIDENTIAL ZONES
5.1
Residential Type 1 (R1)
1. Permitted Uses
single dwelling
bed and breakfast
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
second dwelling unit or second dwelling, in accordance with Section 3.21
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
- Exterior Side
6 m
- Interior Side
3.0 m
- Rear
7.5 m
- Building Height (maximum)
9 m
- Lot Coverage (maximum)
15%
- Floor Space Index for lot abutting
a water body (maximum)
10%
- Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. R1-1 (Part Lot 5, Con. 4, Kitley)
Notwithstanding the provisions of Section 5.1.2 of this By-law to the contrary,
on the lands zoned R1-1 the following provisions shall prevail:
- Yards (minimum)
- East Interior Side Yard
50 m
- Rear Yard
50 m
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
2. R1-2 (Part of Lots 28 and 29, Con. 1, Elizabethtown - 0801-000-060-24800)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned R1-2 a dog grooming and limited boarding home-based business shall be
an additional permitted use, provided that the maximum number of dogs to be
boarded at any one time shall not exceed three (3) and, further, that the said
dogs shall be housed within the dwelling unit.
3. R1-3 (Part of Lot 29, Con. 3, Elizabethtown - 0801-000-020-13400)
Notwithstanding the provisions of Section 5.1.1 of this By-law to the contrary,
on the lands zoned R1-3, a church and hall and a day care shall be permitted
uses, provided that the lands are not being used for any other purpose otherwise
permitted by this By-law.
4. R1-4 (Part of Lot 21, Con. 9, Kitley - 0801-824-039-09600)
Notwithstanding the provisions of Section 5.1.1 of this By-law to the contrary,
on the lands zoned R1-4, a duplex dwelling shall be an additional permitted use.
5. R1-5 (Part of Lot CC, Con. 3, Elizabethtown)
Notwithstanding the provisions of Section 5.1.2 of this By-law to the contrary,
on the lands zoned R1-5, the following provisions shall prevail:
- Lot Area (minimum)
0.36 ha
- Lot Frontage (minimum)
45.6 m
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 43
5.2
Residential Type 2 (R2)
1. Permitted Uses
duplex dwelling
semi-detached dwelling
single dwelling
bed and breakfast
boarding house
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
second dwelling unit or second dwelling, in accordance with Section 3.21
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
- Exterior Side
6 m
- Interior Side
3.0 m
- Rear
7.5 m
- Building Height (maximum)
9 m
- Lot Coverage (maximum)
15%
- Floor Space Index for lot abutting
a water body (maximum)
10%
- Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. R2-1 (Part of Lot 5, Con. 1, Elizabethtown - 0801-000-010-10901)
Notwithstanding the provisions of Sections 5.2.1 and 3.17 of this By-law to the
contrary, on the lands zoned R2-1, the existing 20-unit multiple dwelling shall be
an additional permitted use, provided that a minimum of two parking spaces per
dwelling unit shall be provided.
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
5.3
Estate Residential (RE)
1. Permitted Uses
single dwelling
bed and breakfast
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
second dwelling unit or second dwelling, in accordance with Section 3.21
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
15 m
- Exterior Side
15 m
- Interior Side
9 m
- Rear
9 m
- Dwelling Unit Floor Area (minimum)
140 m2
- Building Height (maximum)
9 m
- Lot Coverage (maximum)
15%
- Floor Space Index for lot abutting
a water body (maximum)
10%
- Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. RE-1 (Part of Lot 3, Con. 1, Elizabethtown)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned RE-1 the following provisions shall prevail:
- Lot Area (minimum), where lot area shall mean the
aggregate of the areas of the two parts of the lot
divided by the improved street
0.8 ha
- Lot Frontage (minimum)
36.5 m
- Where a lot is divided by an improved street, the main use and accessory
uses may be situated on different portions of the lot.
2. RE-2 (Part of Lot 26, Con. 1, Block 35, Reg. Plan 381, Elizabethtown, 0801-
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 45
000-060-13737)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned RE-2 the following provisions shall prevail:
- Building Height (maximum)
9.2 m
- The lot shall be served by a public water system.
- The lot shall be subject to a site plan agreement between the owner and the
Township to address lot grading and drainage.
3. RE-3-h (Part of Lot 25, Con. 1, Elizabethtown, 0801-000-060-11900 & 0801-
000-060-11601)
Notwithstanding the provisions of Section 5.3.2 of this By-law to the contrary,
on the lands zoned RE-3 the following provisions shall prevail:
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
6 m
- Interior Side
5 m
- Rear Yard
7.5 m
4. RE-4 (801 River Acres Dr., Pt. Lot 4, Con. 1, Elizabethtown)
Notwithstanding the provisions of Section 5.3.1 and 5.3.2 of this By-law to
the contrary, on lands zoned RE-4 the following provisions shall prevail:
- Additional permitted use: a multiple dwelling which contains a maximum
of five units
- Dwelling Units per Lot (maximum)
5
- Lot Area (minimum)
0.4 ha
- Yards (minimum)
o Front (abutting River Acres Dr)
1.39 m for the
existing construction only
o Exterior Side
29 m
o Rear
27 m
5. RE-5 (1851 & 1853 County Rd. 2, Pt. Lot 4, Con. 1, Elizabethtown)
Notwithstanding the provisions of Section 5.3.1 and 5.3.2 of this By-law to
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
the contrary, on lands zoned RE-5 the following provisions shall prevail:
- Additional permitted use: a semi-detached dwelling
- Dwelling Units per Lot (maximum)
3
- Lot Area (minimum)
0.56 ha
- Yards (minimum)
o Front
69 m
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 47
5.4
Limited Services Residential (RLS)
1. Permitted Uses
single dwelling
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
6 m
- Interior Side
6 m
- Rear
7.5 m
- Building Height (maximum)
7.5 m
- Lot Coverage (maximum)
10%
- Floor Space Index (maximum)
10%
- Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. No Access to an Improved Street
Where vehicular access is obtained by roads other than improved streets, the
Township has no obligation to assume such roads as improved streets, to
provide road maintenance or to guarantee emergency vehicle access.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
5.5
Mobile Home Park Residential (RMH)
1. Permitted Uses
accessory dwelling
accessory dwelling unit
home based-business, in accordance with Section 3.9
mobile home
mobile home park
mobile home park management office
recreational facilities accessory to a mobile home park
retail store accessory to a mobile home park, limited to convenience grocery
and household items
2. Zone Provisions
1. Mobile Home Park
- Lot Area (minimum)
4 ha
- Lot Frontage (minimum)
60 m
- Yards (minimum)
-
Front
15 m
-
Exterior Side
10 m
-
Interior Side
10 m
-
Rear
15 m
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
2. Mobile Home Site
- Site Area (minimum)
700 m2
- Site Frontage (minimum)
20 m
- Site Setbacks (minimum)
- Front (from internal roadway)
6.0 m
- Exterior Side
7.5 m
- Interior Side
3.0 m
- Rear
4.5 m
- Site Coverage (maximum)
30%
- Mobile Homes per Site (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 49
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 6 - COMMERCIAL ZONES
6.1
General Commercial (CG) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
automobile service station
bank
building supply centre
clinic
commercial parking lot
community service
custom workshop
day care
equipment rental outlet
funeral home
garden centre
home-based business, in accordance with Section 3.9
hotel
instructional facility
micro-brewery
motel
open market
personal service
place of assembly
private park
professional or business office
service outlet
recreational establishment
retail store
retail compressed gas transfer facility
restaurant
tradesperson's establishment
vehicle sales or rental establishment
veterinary clinic
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 51
- Exterior Side
6 m
- Interior Side
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
- Rear
- Lots designated Settlement Area
in Official Plan
7.5 m
- All other lots
10 m
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station pump
island or canopy shall be 4.5 m.
4. Special Exception Zones
1. CG-1 (Part of Lot 4, Con. 3, Kitley)
Notwithstanding the provisions of Section 6.1.2 of this By-law to the contrary,
on the lands zoned CG-1, a maximum of two dwelling units shall be permitted.
2. CG-2 (Part of Lots 18 and 19, Con. 3, Elizabethtown)
Notwithstanding the provisions of Section 6.1.1 of this By-law to the contrary,
on the lands zoned CG-2, the following additional uses shall be permitted:
- Industrial facility, limited to the assembly of dry components
- Wholesale establishment
- Warehouse.
3. CG-3 (Part of Lot 19, Con. 1, Elizabethtown)
Notwithstanding the provisions of Sections 6.1.1 and 6.1.2 of this By-law to the
contrary, on the lands zoned CG-3, a self-storage facility shall be an additional
permitted use and, further, the following provisions shall prevail in relation to
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
such use:
- Interior Side Yard (minimum)
7 m
- Rear Yard (minimum)
7.5 m
- A planting strip shall be provided along the rear lot line.
4. CG-4 (Part of Lot 3, Con. 1, Elizabethtown, 0801-000-010-05100)
Notwithstanding the provisions of Section 6.1.1 of this By-law to the contrary,
on the lands zoned CG-4, permitted uses shall be restricted to the following:
-
Contractor's yard
-
Professional or business office
-
Tradesperson's establishment
5. CG-5 (Part of Lot 5, Con. 1, Elizabethtown)
Notwithstanding the provisions of Section 6.1.1 of this By-law to the contrary,
on the lands zoned CG-5, permitted uses shall be restricted to the following:
-
Automobile service station
-
Vehicle sales or rental establishment
-
Clinic
The following provisions shall prevail in the CG-5 zone:
Floor area (maximum) shall be 837.1 sq.m. and;
A 10 m wide planting strip shall be provided along the interior side lot lines.
6. CG-6 (Part of Lot 21, Con. 6, Kitley)
Notwithstanding the provisions of Section 6.1.1 of this By-law to the contrary,
on the lands zoned CG-6, permitted uses shall be restricted to the following:
-
Automobile service station, limited to the mechanical repairs of vehicles
-
Accessory Dwelling
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 53
6.2
Rural Commercial (CR) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
building supply centre
community service
custom workshop
garden centre
home-based business, in accordance with Section 3.9
hotel
motel
open market
place of assembly
private park
service outlet
recreational establishment
retail store
tradesperson's establishment
veterinary clinic
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
10 m
- Interior Side
10 m
- Rear
10 m
- Commercial Floor Area (maximum)
465 m2
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
4. Special Exception Zones
1. CR-1 (Part of Lots 32 and 33, Con. 7, Elizabethtown)
Notwithstanding the provisions of Section 6.2.1 of this By-law to the contrary, on
the lands zoned CR-1, permitted uses shall be restricted to the following:
- A speedway, for the racing of vehicles
- A campground, accessory to a speedway and operational only during
speedway events
- An open market.
2. CR-2 (2934 2nd Concession Road, Part Lot A, Con. 2, Elizabethtown)
Notwithstanding the provisions of Section 3.17.5.2, Section 6.2.1 & Section 6.2.2
of this By-law to the contrary, on the lands zoned CR-2, the following provisions
shall prevail:
- Additional permitted use: agricultural use
- Prohibited use: accessory dwelling
- Interior Side Yard (minimum)
4.9 m
- Driveway Setback (minimum - west interior lot line)
0 m
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 55
6.3
Local Commercial (CL) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bank
bed and breakfast
boarding house
clinic
community service
custom workshop
day care
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
micro-brewery
personal service
professional or business office
retail store
restaurant
second dwelling unit or second dwelling, in accordance with Section 3.21
single dwelling
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
- Exterior Side
6 m
- Interior Side
6 m
- Rear
- Lots designated Settlement Area
in Official Plan
7.5 m
- All other lots
10 m
- Commercial Floor Area (maximum)
250 m2
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. CL-1 (Part of Lot 22, Con. 6, Kitley)
Notwithstanding the provisions of Section 6.3.1 of this By-law to the contrary,
on the lands zoned CL-1, the following additional use shall be permitted:
- A tree removal business, including the storage and maintenance of trucks
and equipment.
2. CL-2 (Part of Lot 5, Con. 4, Kitley - 0801-824029-07501)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 of this By-law to the
contrary, on the lands zoned CL-2, the following additional uses shall be
permitted:
- Self-storage facility
- Warehouse
- Detached private garage used for non-commercial storage and workshop
purposes typically accessory to a residential use.
Further, the following provisions shall prevail in relation to the foregoing uses:
- Interior Side Yard Abutting a Residential
Zone (minimum)
10 m
- Combined Street Setback and Front Yard (minimum)
- Warehouse and self-storage facility
57 m
- Detached private garage
27 m
- Open storage shall be concealed from abutting streets and residential uses
by a 2 m high opaque fence or planting strip.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 57
6.4
Tourist Commercial (CT) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bed and breakfast
campground
community service
custom workshop
golf course
home-based business, in accordance with Section 3.9
lodging establishment
marina
marine facility
open market
park
restaurant
2. Zone Provisions
- Lot Area (minimum)
- Campground
2 ha
- Other uses
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
10 m
- Interior Side
6 m
- Rear
10 m
- Building Height (maximum)
10 m
- Campground Site (minimum)
230 m2
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
(reserved)
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 7 - INDUSTRIAL ZONES
7.1
General Industrial (MG) Zone
1. Permitted Uses
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
community service
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
printing establishment
recreational establishment
retail store accessory to a permitted MG use, other than
a warehouse or self-storage facility
retail compressed gas transfer facility
self-storage facility
service outlet
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
veterinary clinic
warehouse
wholesale establishment
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
10 m
- Interior Side
10 m
- Rear
15 m
- Building Height (maximum)
12 m
- Lot Coverage (maximum)
20%
3. Additional Provisions
1. General Provisions
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 59
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station pump
island or canopy shall be 4.5 m.
3. Increased Yard Requirements
Where an MG zone abuts a lot in a Residential zone, the interior side yard or
rear yard, as applicable, shall be increased by 7.5 m.
4. Special Exception Zones
1. MG-1 (Part of Lot 21, Con. 8, Kitley)
Notwithstanding the provisions of Sections 7.1.1 and 7.1.2 of this By-law to the
contrary, on the lands zoned MG-1, an industrial facility shall be an additional
permitted use and, further, the following provision shall prevail in relation to
such use:
- South Interior Side Yard (minimum)
3.66 m
2. MG-2 (Part of Lot 20, Con. 7, and Part of Lot 38, Con. 11, Elizabethtown)
Notwithstanding the provisions of Section 7.1.1 of this By-law to the contrary,
on the lands zoned MG-2, a single dwelling shall be an additional permitted
use.
3. MG-3 (Part of Lot 27, Con. 3, Elizabethtown)
Notwithstanding the provisions of Section 7.1.1 of this By-law to the contrary,
on the lands zoned MG-3, permitted uses shall be restricted to the following:
- Self-storage facility
- Warehouse
- Accessory dwelling
4. MG-4 (Part of Lot 3, Con. 1, Elizabethtown
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned MG-4, a planting strip shall be provided in the front and west yards.
5. MG-5 (Part of Lot 21, Con. 9, Kitley - Roll 0801-824-039-1020)
Notwithstanding the provisions of Section 7.1.1 of this By-law to the contrary,
on the lands zoned MG-5, a restaurant and one accessory dwelling unit or single
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
dwelling shall be additional permitted uses.
6. MG-6 (Part of Lot 13, Con. 4, Elizabethtown - Roll 0801-000-030-03400,
4694 Airport Rd)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned MG-6 the following provisions shall prevail:
- Additional permitted uses:
-a single dwelling
-a second dwelling unit, as existing, as attached to the rear of the
single dwelling
- Additional provisions:
-the second dwelling unit is limited to the existing floor area;
-a minimum of two (2) on-site parking spaces shall be provided to
service both the single dwelling and second dwelling unit;
-the single dwelling and second dwelling unit shall be connected to the
same water supply (well) and sewage disposal system.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 61
7.2
Business Park Industrial (MBP) Zone
1. Permitted Uses
adult entertainment parlour
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
cannabis processing facility
clinic
community service
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
industrial facility
instructional facility
micro-brewery
place of assembly
printing establishment
professional or business office
recreational establishment
restaurant
retail store
retail compressed gas transfer facility
self-storage facility
service outlet
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
veterinary clinic
warehouse
wholesale establishment
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
10 m
- Interior Side
10 m
- Rear
15 m
- Building Height (maximum)
12 m
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
- Lot Coverage (maximum)
20%
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station pump
island or canopy shall be 4.5 m.
3. Minimum Separation Distance for an Adult Entertainment Parlour
- From a residential use, day care, place of worship,
school, community service, park
or Institutional zone
500 m
- From another adult entertainment parlour
1000 m
4. Special Exception Zones
1. MBP-1 (Part of Lot 16, Con. 3, Elizabethtown)
Notwithstanding the provisions of this By-law to the contrary, the lands zoned
MBP-1 shall be maintained as a 50 m wide buffer between the abutting
residential lot and the MBP zone.
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 63
7.3
Rural Industrial (MR) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural products processing facility
cannabis processing facility
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
heavy equipment sales or rental establishment
self-storage facility
service outlet
tradesperson's establishment
transportation depot
veterinary clinic
warehouse
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
10 m
- Interior Side
10 m
- Rear
15 m
- Industrial Floor Area (maximum)
465 m2
- Building Height (maximum)
12 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. MR-1 (Part of Lot 6, Co. 1, Elizabethtown)
Notwithstanding the provisions of Section 7.3.1 of this By-law to the contrary,
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
on the lands zoned MR-1, an antique shop shall be an additional permitted use.
2. MR-2 (Part Lot 21 and 22, Con. 8, Geographic Kitley)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned MR-2, permitted uses shall be restricted to a warehouse use in
accordance with the MR provisions and other uses as permitted in the RU,
Rural Zone may be used in accordance with the RU zone provisions, as it
relates to the single dwelling on this same property. Warehouse use shall be
subject to the following:
- New warehouse construction shall be limited to on grade structures or
constructions;
- The maximum combined interior floor area of all structures used for
warehouse use shall be limited 465 square meters;
- The minimum front yard depth for warehouse use structures shall be a
minimum of 90 m.
3. MR-3 (Part Lot 3, Con. 1, Geographic Elizabethtown)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned MR-3,
- permitted uses shall be restricted to a contractor's yard use and
tradesperson's establishment use
- an accessory dwelling or dwelling unit shall not be permitted
- the north interior side yard (minimum) setback shall be 70m to any
building and open storage area
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 65
7.4
Salvage Yard Industrial (MS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
automobile service station
automobile body shop
salvage yard
2. Zone Provisions
- Lot Area (minimum)
2 ha
- Lot Frontage (minimum)
60 m
- Yards (minimum)
- Front and Exterior Side
15 m
- Interior Side
15 m
- Rear
15 m
- Building Height (maximum)
12 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Salvage Yard
-
From a residential use on another lot
or a Residential zone
300 m
-
From a non-residential use on another lot
100 m
-
From a watercourse or water body
300 m
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
7.5
Disposal Industrial (MD) Zone
1. Permitted Uses
portable asphalt plant
portable concrete plant
waste disposal site
waste recycling facility
waste transfer facility
wayside pit
wayside quarry
2. Zone Provisions
- Lot Area (minimum)
2 ha
- Lot Frontage (minimum)
60 m
- Yards (minimum)
- Front and Exterior Side
30 m
- Interior Side
30 m
- Rear
30 m
- Building Height (maximum)
12 m
- Lot Coverage (maximum)
20%
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Waste Disposal Site
- From a residential use on another lot
or a vacant lot in a Residential zone
500 m
- From a non-residential use on another lot
200 m
- From a watercourse or water body
500 m
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 67
7.6
Airport Industrial (MAP) Zone
1. Permitted Uses
airport, including directly-related accessory commercial uses
airplane hanger/aircraft storage
industrial facility, limited to aeronautics
instructional facility
retail store accessory to a use permitted in the MAP zone
service outlet
tradesperson's establishment
warehouse
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front and Exterior Side
30 m
- Interior Side
30 m
- Rear
30 m
- Building Height (maximum)
30 m
- Lot Coverage (maximum)
20%
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 8 - INSTITUTIONAL ZONES
8.1
Institutional (I) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique store
cemetery
clinic
community service
custom workshop
day care
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
instructional facility
park
place of assembly
place of worship
school
second dwelling unit or second dwelling, in accordance with Section 3.21
single dwelling
residential care home
2. Zone Provisions
- Lot Area (minimum)
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
- Lots designated Settlement Area
in Official Plan
6 m
- All other lots
10 m
- Exterior Side
10 m
- Interior Side
10 m
- Rear
10 m
- Building Height (maximum)
12 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 69
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 9 - OPEN SPACE ZONES
9.1
Open Space (OS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
conservation use
golf course
marine facility
park
2. Zone Provisions
- Lot Area (minimum)
- Agricultural use that
includes the keeping of livestock
4 ha
- All other uses
None
- Yards (minimum)
15 m
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. OS-1 (Part of Lot 28, Con. 7, Kitley)
Notwithstanding the provisions of Section 9.1.1 of this By-law to the contrary,
on the lands zoned OS-1, a campground shall be an additional permitted use.
2. OS-2 (Part of Lot 24, Con. 5, and Part of Lot 22, Con. 2, Elizabethtown)
Notwithstanding the provisions of Section 9.1.1 of this By-law to the contrary,
on the lands zoned OS-2, a gun club shall be an additional permitted use.
3. OS-3 (Part of Lot 26, Con. 1, Lot 13, Plan 382, Elizabethtown)
Notwithstanding the provisions of Section 9.1.1 of this By-law to the contrary,
on the lands zoned OS-3, permitted uses shall be restricted to a park or marine
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 71
facility serving Lots 1-12, Plan 382.
4. OS-4 (Part of Lot 21, Con. 1, Part Lots 88 and 89, Plan 89, Elizabethtown)
Notwithstanding the provisions of Sections 9.1.1 and 9.1.2 of this By-law to the
contrary, on the lands zoned OS-4, permitted uses shall be restricted to a marine
facility and, further, the following provision shall prevail in relation to such use:
- Interior side yard (minimum)
6 m
5. OS-5 (Part of Lots 9-16, Con. 3, Elizabethtown, 0801-000-015-10000)
Notwithstanding the provisions of Section 9.1.1 of this By-law to the contrary,
on the lands zoned OS-5, permitted uses shall be restricted to the following:
- Conservation use
- Marine facility
- Park
6. OS-6 (Vacant Lands Paul Foster Road, Part Lot 23, Con. 7, Elizabethtown)
Notwithstanding the provisions of Section 9.1.1 of this By-law to the contrary,
on the lands zoned OS-6, the permitted uses shall be restricted to the
following:
- Conservation use, including buildings
- Park
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 10 - RURAL ZONES
10.1
Rural (RU) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
existing cemetery
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
hunting or fishing camp
kennel, commercial and/or breeding
kennel, hobby
on-farm diversified use
place of worship
portable asphalt plant
portable concrete plant
second dwelling unit or second dwelling, in accordance with Section 3.21
single dwelling
wayside pit
wayside quarry
2. Zone Provisions
- Lot Area (minimum)
- Agricultural use that
includes the keeping of livestock
4 ha
- Other permitted uses
0.4 ha
- Lot Frontage (minimum)
45 m
- Yards (minimum)
- Front
10 m
- Exterior Side
6 m
- Interior Side
6 m
- Rear
7.5 m
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Floor Space Index for lot abutting
a water body (maximum)
10%
- Dwellings or Dwelling Units
per Lot (maximum)
1
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 73
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance of a New or Expanding Livestock Facility
from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture, Food and Rural Affairs.
3. Minimum Separation Distance for a Kennel
- As per the Kennel By-law No. 18-16, as may be amended
4. Hunting or Fishing Camp Provisions
Notwithstanding the provisions of Sections 10.1. and 10.2, the following
provisions shall apply to a hunting or fishing camp:
- A hunting or fishing camp shall not be permitted on a lot on which a
dwelling is located;
- The maximum floor area of a hunting or fishing camp shall be 60 m2;
- All yards shall be a minimum of 100 m.
4. Special Exception Zones
1. RU-1 (Part of Lot 3, Con. 1, Part of Lot 25, Con. 1, Part of Lot 18, Con 3, Part
of Lot 18, Con. 3, Part of Lot 6, Con. 4, Elizabethtown)
Notwithstanding the provisions of Section 10.1.1 of this By-law to the contrary,
on the lands zoned RU-1, an antique store shall be an additional permitted use
and, further, the following provision shall apply in relation to such use:
- Floor Area (maximum)
465 m2
2. RU-2 (Various Settlement Area Lands)
Notwithstanding any provisions of this By-law to the contrary, on the lands
zoned RU-2, the following uses shall not be permitted:
- Any new livestock barns or facilities or expansions thereto
- Any new manure storage areas or expansions thereto
- Wayside pit
- Wayside quarry
- Portable asphalt plant
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
- Portable concrete plant
3. RU-3 (Part of Lots 23 and 24, Con. 6, Kitley)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 of this By-law to
the contrary, on the lands zoned RU-3, the following additional uses shall be
permitted:
- Heating and air conditioning sales, repairs and installation
- Sheet metal fabrication and sales
- An office accessory to the foregoing uses.
Further, the following provisions shall prevail in relation to the foregoing uses:
- Floor Area (maximum)
204 m2
- Any open storage shall be contained within a fenced and screened enclosure
in accordance with a site plan agreement between the owner and the
Township.
- Parking and driveway areas are to be provided with permanent all-weather
surfaces.
4. RU-4 (Part of Lot 4, Con. 2, Kitley - 0801-824-029-00700)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 of this By-law to
the contrary, on the lands zoned RU-4, a concrete plant shall be an additional
permitted use. Related accessory uses, buildings and structures such as large
storage buildings, vehicle maintenance garages and other similar accessory uses
shall also be permitted. The following provisions shall prevail in relation to a
concrete plant and related accessory buildings and structures:
- Yards (minimum)
- Front
50 m
- North Interior Side
80 m
- South Interior Side
30 m
- Rear Yard
30 m
- Floor Area - Main concrete plant
building (maximum)
465 m2
- Accessory Building Height (maximum
7.5 m
- Existing treed areas to be retained/maintained to provide the following treed
area depths:
- Front Yard (north half of lot only)
40 m
- North Interior Side Yard
75 m
- Rear Yard
20 m
5. RU-5 (Part of Lots 22 and 23, Con. 9, Kitley)
Notwithstanding the provisions of Section 10.1.1 of this By-law to the contrary,
Township of Elizabethtown-Kitley
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Page 75
on the lands zoned RU-5, a vehicle sales or rental establishment shall be an
additional permitted use. The following provisions shall prevail in relation to a
concrete plant and related accessory buildings and structures:
- Commercial Floor Area (maximum)
1,944 m2
- No parts, derelict vehicles, garbage or other waste or scrap materials
associated with a commercial use shall be stored in the open, except within
a fenced and screened enclosure approved by the Township and as shown
on an approved site plan.
- Commercial parking and driveway areas are to be provided with permanent
all-weather surfaces.
6. RU-6 (Part of Lot 37, Con. 11, Elizabethtown - 0801-000-050-20901)
Notwithstanding the provisions of Section 10.1.1 of this By-law to the contrary,
on the lands zoned RU-6, a tack shop for the retail sale of horse-related products
shall be an additional permitted use, provided that the maximum floor area of
the said use shall not exceed 56 m2.
7. RU-7 (Part of Lots 37 and 38, Con. 10, Part of Lot 33, Con. 7, Elizabethtown)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 of this By-law to
the contrary, on the lands zoned RU-7, the following additional uses shall be
permitted:
- Automobile Service Station
- Tradesperson's Establishment
- Service Outlet
Further, the following provisions shall prevail in relation to the foregoing uses:
- Floor Area (maximum)
465 m2
- Open storage shall only be permitted in a side or rear yard and shall be
screened from the street.
8. RU-8 (Part of Lot 28, Con. 2, Elizabethtown)
Notwithstanding the provisions of Section 10.1.1 of this By-law to the contrary,
on the lands zoned RU-8, an indoor and/or outdoor archery range, including
related retail sales and/or repair, shall be an additional permitted use.
9. RU-9 (Part of Lot 18, Con. 3, Elizabethtown - 0801-000-015-18001)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 of this By-law to
the contrary, on the lands zoned RU-9, a contractor's yard shall be an additional
permitted use. The following provisions shall prevail in relation to a
contractor's yard:
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
- Floor Area (maximum)
274 m2
- Driveway access and signage shall be permitted within the abutting RU
zone and shall conform to all requirements of the applicable road authority.
10. RU-10 (Part of Lot 6, Con. 11, Elizabethtown - 0801-000-055-05800)
Notwithstanding the provisions of Section 3.5 of this By-law to the contrary, on
the lands zoned RU-10, a hunting or fishing camp shall be permitted without
frontage on an improved street. The Township shall have no obligation to
assume the unopened road allowance as an improved street, to provide road
maintenance or to guarantee emergency vehicle access.
11. RU-11 (Part of Lot 27, Con. 1, Elizabethtown - 0801-000-0606-15600)
Notwithstanding the provisions of Section 10.1.2 of this By-law to the contrary,
on the lands zoned RU-11, the following provisions shall prevail:
- Lot Frontage (minimum)
13.5 m
- Driveway access to an improved street may be permitted via an easement
over Township-owned lands.
- In the case of a single dwelling, the street setback and front and interior side
yards shall be as follows:
- Front Yard (minimum)
179 m
- West Interior Side Yard (minimum)
36.5 m
12. RU-12 (Part of Lot 2, Con. 2, Elizabethtown - 0801-000-010-17900)
Notwithstanding the provisions of Sections 2 and 3.9 of this By-law to the
contrary, on the lands zoned RU-12, a vehicle service and repair shop shall be
permitted as a home-based business in accordance with the following:
- A vehicle service and repair shop shall include the service and repair of
automobiles, light trucks, farm implements and equipment within a
detached shop/garage, as well as incidental retail sales restricted to
lubricants and parts directly associated with such service and repair work.
- The maximum floor area of the shop/garage shall be 148.6 m2.
- 10 parking spaces shall be provided in the side or rear yards adjacent to the
shop/garage.
- A 1.82 m high screen, consisting of the existing hedge, a solid fence, or
combination of the two, shall be provided in order to screen the property
from the abutting residential use property at 2978 Kelly Road.
- Except as otherwise stated herein, the provisions of Section 3.9 shall apply.
13. RU-13 (Part of Lot 7, Con. 6, Elizabethtown - Part of 0801-000-035-03800)
Notwithstanding the provisions of Sections 2 and 3.9 of this By-law to the
contrary, on the lands zoned RU-13, a vehicle service and repair shop shall be
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 77
permitted as a home-based business in accordance with the following:
- A vehicle service and repair shop shall include the service and repair of
automobiles, light trucks, farm implements and equipment within a
detached shop/garage, as well as incidental retail sales restricted to
lubricants and parts directly associated with such service and repair work.
- The maximum floor area of the shop/garage shall be 123 m2.
- 8 parking spaces shall be provided.
- Notwithstanding Section 3.9.3 of this By-law, a maximum of two signs shall
be permitted, provided that they shall be located a minimum of 1 m from
any lot line and, further, that they may be situated within the area between
the RU-13 zone limits and the street line.
- Except as otherwise stated herein, the provisions of Section 3.9 shall apply.
14. RU-14 (Part of Lot 30, Con. 6, Elizabethtown - Part of 0801-000-050-02400,
part of 7219 County Rd. 28)
Notwithstanding the provisions of Section 10.1.1 of this By-law to the contrary,
on the lands zoned RU-14, the following additional uses shall be permitted:
- A vehicle service and repair shop, excluding body shop work (which may
include the service and repair of automobiles, light trucks, farm implements
and equipment) as well as incidental retail sales restricted to lubricants and
parts directly associated with such service and repair work;
- A tradesperson's establishment;
- A service outlet.
The following provisions shall prevail in relation to the foregoing uses:
- Floor area (maximum) shall be 223 sq.m.;
- 11 parking spaces shall be provided in relation to this shop area;
- 1 non-illuminated sign, not larger than 0.6 sq.m. may be located on the lot
within the area between the RU-14 zone limits and the street line.
Further, the following additional use shall be permitted:
- A private personal use storage garage use, not associated or accessory to a
dwelling on the property.
The following provision shall prevail in relation to the private personal use
storage garage use:
- Combined Floor area (maximum) shall be 446 sq.m.
15. RU-15 (2930 2nd Concession Road, Part Lot A, Con. 2, Elizabethtown)
Notwithstanding the provisions of Section 3.1.7 of this By-law to the contrary,
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
on the lands zoned RU-15, the following provision shall prevail:
- Interior Side Yard (minimum) for an existing pool shed
1.2 m
16. RU-16 (2932 2nd Concession Road, Part Lot A, Con. 2, Elizabethtown)
Notwithstanding the provisions of Section 3.17.5.2 & Section 10.1.2 of this By-
law to the contrary, on the lands zoned RU-16, the following provision shall
prevail:
- Lot Area (minimum)
0.21 ha
- Lot Frontage (minimum)
38 m
- Interior Side Yard (minimum - west interior lot line)
1.98 m
- Rear Yard (minimum)
6 m
- Driveway Setback
(minimum - rear and east interior lot line)
0 m
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 79
SECTION 11 - AGRICULTURE ZONES
11.1
Agriculture (AG) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
existing cemetery
existing place of worship
group home, in accordance with Section 3.6
home-based business, in accordance with Section 3.9
hunting or fishing camp
kennel, commercial and/or breeding provided that the lot is also used for an
agricultural use
kennel, hobby
mobile home, accessory to an agricultural use
on-farm diversified use
portable asphalt plant
portable concrete plant
second dwelling unit or second dwelling, in accordance with Section 3.21
single dwelling
wayside pit
wayside quarry
2. Zone Provisions
- Lot Area (minimum)
36 ha
- Lot Frontage (minimum)
100 m
- Yards (minimum)
- Front
10 m
- Exterior Side
6 m
- Interior Side
6 m
- Rear
10 m
- Building Height (maximum)
10 m
- Lot Coverage (maximum)
20%
- Dwellings or Dwelling Units
per Lot (maximum)
1
- Mobile Homes per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
2. Requirements for Residential Lots Created by Consent
Notwithstanding the zone provisions of Section 11.1.2 to the contrary, where
an existing dwelling is deemed surplus to an agricultural use and is severed for
residential purposes, such severed lot may be used for a single dwelling in
accordance with the zone provisions of Section 5.1.2 and, further, the retained
lot shall not require relief from the minimum lot area provision of Section 11.1.2
in the event that the effect of the severance has been to render it non complying.
3. Minimum Separation Distance for a New or Expanding Livestock Facility
from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture, Food and Rural Affairs.
4. Minimum Separation Distance for a Kennel
- As per the Kennel By-law No. 18-16, as may be amended
5. Hunting or Fishing Camp Provisions
Notwithstanding the provisions of Sections 11.1. and 11.2, the following
provisions shall apply to a hunting or fishing camp:
- A hunting or fishing camp shall not be permitted on a lot on which a
dwelling is located;
- The maximum floor area of a hunting or fishing camp shall be 60 m2;
- All yards shall be a minimum of 100 m.
6. Mobile Home Provisions
Notwithstanding any other provisions of this By-law, a mobile home accessory
to an agricultural use shall only be permitted on a lot that contains a single
dwelling.
4. Special Exception Zones
1. AG-1 (Part of Lots 25-28, Con. 3, Part of Lot 35, Con 9, Elizabethtown)
Notwithstanding the provisions of Section 11.1.1 of this By-law to the contrary,
on the lands zoned AG-1, an agricultural products processing facility shall be
an additional permitted use.
1.1 AG-1-1 (Part Lot 35, Con. 9, Elizabethtown - Severed lands under B-33-14)
Notwithstanding the provisions of Section 11.1.1 and 11.1.2 of this By-law to
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 81
the contrary, on the lands zoned AG-1-1 the following provisions shall
prevail:
- Lot Area (minimum)
2.0 ha
- Additional permitted use: an agricultural products processing facility
- Prohibited uses: single dwelling; accessory dwelling; accessory dwelling
unit; hunting or fishing camp; mobile home, accessory to an agricultural
use, an agricultural use that includes the keeping of livestock.
2. AG-2 (Part of Lot 28, Con. 4, Elizabethtown - 0801-000-025-10900)
Notwithstanding the provisions of Section 11.1.1 of this By-law to the
contrary, on the lands zoned AG-2, a contractor's yard shall be an additional
permitted use.
3. AG-3 (Part of Lot 36, Con. 4, Elizabethtown - Pt. of 0801-000-025-13000
Retained lands under severance B-32-13)
Notwithstanding the provisions of this Section 11.1.1 of this By-law to the
contrary, on the lands zoned AG-3, no accessory dwelling, no accessory
dwelling unit, no hunting or fishing camp, no mobile home, accessory to an
agricultural use, and no single dwelling shall be permitted on the lands zoned
AG-3, to ensure no new residential use result on the subject lands.
4. AG-4 (Part of Lot 35, Con. 9, Elizabethtown - Retained lands under B-33-14)
Notwithstanding the provisions of Section 11.1.1 and 11.1.2 of this By-law to
the contrary, on the lands zoned AG-4, the following provisions shall prevail:
- Lot Area (minimum)
16.0 ha
- Prohibited uses: single dwelling, accessory dwelling; accessory dwelling
unit; hunting or fishing camp; mobile home, accessory to an agricultural
use.
5. AG-5 (3231 County Rd. 27, Part Lot 32, Con. 3, Elizabethtown - Severed
lands under B-124-14)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned AG-5 the following provisions shall prevail:
- Lot Area (minimum)
0.49 ha
- The lot shall be used in accordance with the R1, Residential Type 1 zone
provisions under Section 5.1.
6. AG-6 (Part Lot 32, Con. 3, Elizabethtown - Severed and Recipient lands
under B-56-17)
Notwithstanding the provisions of Section 11.1.1 and 11.1.2 of this By-law to
Township of Elizabethtown-Kitley
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Zoning By-law No. 13-21 - October 2022 Office Consolidation
the contrary, on the lands zoned AG-6 the following provisions shall prevail:
- Lot Area (minimum)
3.9 ha
- Lot Frontage (minimum)
22 m
- Prohibited uses: single dwelling; accessory dwelling; accessory dwelling
unit; hunting or fishing camp; mobile home, accessory to an agricultural
use.
7. AG-7 (Part Lot 9, Con. 3, Elizabethtown - Severed lands under B-70-14)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned AG-7 the following provisions shall prevail:
- Lot Area (minimum)
2.0 ha
- The lot shall be used in accordance with the R1, Residential Type 1 zone
provisions under Section 5.1.
8. AG-8 (Part Lot 9, Con. 3, Elizabethtown - Retained lands under B-70-14)
Notwithstanding the provisions of Section 11.1.1 and 11.1.2 of this By-law to
the contrary, on the lands zoned AG-8, the following provisions shall prevail:
- Lot Frontage (minimum)
76 m
- Prohibited uses: single dwelling; accessory dwelling; accessory dwelling
unit; hunting or fishing camp; mobile home, accessory to an agricultural
use.
9. AG-9 (Part Lot 32, Con. 3, Elizabethtown - Retained lands under B-56-17)
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned AG-9 the following provisions shall prevail:
- Lot Area (minimum)
0.6 ha
- The lot shall be used in accordance with the R1, Residential Type 1 zone
provisions under Section 5.1.
10. AG-10 (Part Lot 34-37, Con. 2 & 3, Elizabethtown)
Notwithstanding the provisions of this Section 11.1.1 and 11.1.2 of this By-
law to the contrary, on the lands zoned AG-10 the following provisions shall
prevail:
- Additional permitted use: an accessory dwelling, accessory to an
agricultural use and limited to a floor area (maximum) of 67 sq. m.
- Dwellings or Dwelling Units per Lot (maximum)
2
- Mobile Homes per Lot (maximum)
0
11. AG-11 (Part Lot 27, Con. 4, Elizabethtown - Retained lands under B-132-18)
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 83
Notwithstanding the provisions of this By-law to the contrary, on the lands
zoned AG-11 the following provisions shall prevail:
- Prohibited uses: single dwelling; accessory dwelling; accessory
dwelling unit; hunting or fishing camp; mobile home, accessory to an
agricultural use.
- Defined front lot lie is Latimer Road.
- Driveway access shall only be permitted from Latimer Road.
12. AG-12 (6737 6th Concession Road, Part Lot 9 & 10, Con. 5, Elizabethtown -
Retained lands under B-116-18 and Severed lands under B-117-18)
Notwithstanding the provisions of Section 11.1.2 of this By-law to the
contrary, on the lands zoned AG-12 the following provision shall prevail:
- Lot Area (minimum)
2 ha
13. AG-13 (Vacant lands to the west of 6737 6th Concession Road, Part Lot 9 &
10, Con. 5, Elizabethtown - Retained lands resulting under B-118-18)
Notwithstanding the provisions of Section 11.1.2 of this By-law to the
contrary, on the lands zoned AG-13, the following provision shall prevail:
- Lot Area (minimum)
24 ha
14. AG-14 (Vacant Lands Kilkenny Road/Latimer Road, Part Lot 28, Con. 4,
Elizabethtown)
Notwithstanding the provisions of Section 11.1.1 of this By-law to the
contrary, on the lands zoned AG-14, the following provisions shall prevail:
- Prohibited uses: single dwelling; accessory dwelling; accessory
dwelling unit; hunting or fishing camp; mobile home; accessory to an
agricultural use.
Township of Elizabethtown-Kitley
Page 84
Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 12 -MINERAL RESOURCE ZONES
12.1
Mineral Aggregate Extraction (EX-P) Zone
1. Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
portable asphalt plant
portable concrete plant
wayside pit
wayside quarry
2. Zone Provisions
- Lot Area (minimum)
- Agricultural use that
includes the keeping of livestock
4 ha
- All other uses
None
- Yards (minimum)
- Front
30 m
- Exterior Side
15 m
- Interior Side
15 m
- Rear
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance From a Dwelling on Another Lot
- Class "B" pit, with no excavation below
the water table
150 m
- Any other pit or a concrete plant
300 m
- Asphalt plant
500 m
4. Special Exception Zones
1. EX-P-1 (Part of Lot 13, Con. 4, Elizabethtown)
Notwithstanding the provisions of Section 12.1.1 of this By-law to the contrary, on
the lands zoned EX-P-1, no buildings or structures shall be permitted, in recognition
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 85
of the proximity of lands designated as Mineral Aggregate in the Official Plan.
Township of Elizabethtown-Kitley
Page 86
Zoning By-law No. 13-21 - October 2022 Office Consolidation
12.2
Mineral Aggregate Extraction (EX-Q) Zone
1. Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
portable asphalt plant
portable concrete plant
quarry
wayside pit
wayside quarry
2. Zone Provisions
- Lot Area (minimum)
- Agricultural use that
includes the keeping of livestock
4 ha
- All other uses
None
- Yards (minimum)
- Front
30 m
- Exterior Side
15 m
- Interior Side
15 m
- Rear
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance From a Dwelling on Another Lot
- Class "B" pit, with no excavation below
the water table
150 m
- Any other pit or a concrete plant
300 m
- Quarry or asphalt plant
500 m
4. Special Exception Zones
1. EX-Q-1 (Part of Lots 23 and 24, Con. 6, Elizabethtown)
Notwithstanding the provisions of Section 12.2.3.2 of this By-law to the contrary,
on the lands zoned EX-Q-1, the minimum separation distance of a quarry from the
dwelling house that existed on February 1, 1982, and situated on part of Lot 24,
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 87
Con. 6, Elizabethtown, shall be 450 m.
2. EX-Q-2 (Part of Lot 4, Con. 1, Elizabethtown)
Notwithstanding the provisions of Section 12.2.1 of this By-law to the contrary,
on the lands zoned EX-Q-2, a professional or business office and a clinic within
the existing office building structure shall be additional permitted uses.
Township of Elizabethtown-Kitley
Page 88
Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 13 - NATURAL HERITAGE ZONES
13.1
Environmental Protection - PSW (EP-PSW) Zone
1. Permitted Uses
existing agricultural use, excluding buildings
conservation use, excluding buildings
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No building or structure shall be erected, altered or used.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 89
13.2
Environmental Protection - ANSI (EP-ANSI) Zone
1. Permitted Uses
existing use
conservation use
public park
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No building or structure shall be erected, altered or used except in accordance
with the recommendations of an Environmental Impact Study undertaken to the
satisfaction of the Township that demonstrates no negative impacts on natural
features or ecological functions, and a permit from the relevant Conservation
Authority, where required.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
Page 90
Zoning By-law No. 13-21 - October 2022 Office Consolidation
13.3
Environmental Protection - LSW (EP-LSW) Zone
1. Permitted Uses
existing use
conservation use
marine facility
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No building or structure shall be erected, altered or used except in accordance
with the recommendations of an Environmental Impact Study undertaken to the
satisfaction of the Township that demonstrates no negative impacts on natural
features or ecological functions, and a permit from the relevant Conservation
Authority, where required.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
Zoning By-law No. 13-21 - October 2022 Office Consolidation
Page 91
SECTION 14 - NATURAL HAZARD ZONES
14.1
Flood Plain (FP) Zone
1. Permitted Uses
agricultural use, excluding buildings
conservation use, excluding buildings
golf course, excluding buildings
marine facility
park, excluding buildings
2. Zone Provisions
Not Applicable
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
1. No fill shall be placed except with the written approval of the relevant
Conservation Authority.
2. No building or structure shall be erected, altered or used except with the
written approval of the relevant Conservation Authority.
4. Special Exception Zones
(reserved)
Township of Elizabethtown-Kitley
Page 92
Zoning By-law No. 13-21 - October 2022 Office Consolidation
SECTION 15 - APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first and second readings on April 22, 2013.
This By-law given its third and final reading and passed under the Corporate Seal on May 13,
2013.
CORPORATE SEAL OF TOWNSHIP
Original Signed by
Jim Pickard
Mayor
Original Signed by
Yvonne L. Robert
Clerk
Metric Conversion Chart
Imperial
Units
Multiplied
By
Equals
Metric Units
Metric Units
Multiplied
By
Equals
Imperial
Units
L E N G T H
Inches
2.54
Centimetres
Centimetres
0.3937
Inches
Feet
0.3048
Metres
Metres
3.2808
Feet
A R E A
Square feet 0.0929
Square metres Square metres 10.764
Square feet
Acres
0.4047
Hectares
Hectares
2.471
Acres
Sample Conversions
AREA
LENGTH
Metric
Imperial
Metric
Imperial
10 m2
107.6 sq ft
1 m
3.28 ft
12 m2
129.2 sq ft
2.75 m
9.02 ft.
14 m2
150.6 sq ft
3 m
9.84 ft
20 m2
215.3 sq ft
4.5 m
14.76 ft
25 m2
269.1 sq ft
6 m
19.69 ft
40 m2
430.6 sq ft
7.5 m
24.61 ft
70 m2
753.5 sq ft
9 m
29.53 ft
75 m2
807.3 sq ft
10 m
32.81 ft
200 m2
2,152.8 sq ft
15 m
49.21 ft
230 m2
2,475.7 sq ft
20 m
65.62 ft
700 m2
7,534.7 sq ft
30 m
98.43 ft
4050 m2
43,593.8 sq ft
45 m
147.64 ft
1 ha
2.47 acres
60 m
196.85 ft
2 ha
4.94 acres
120 m
393.7 ft
40 ha
98.84 acres
150 m
492.1 ft
300 m
984.3 ft
500 m
1,640.4 ft
The foregoing metric conversion chart and sample conversions provide approximate
conversions for the convenience of the reader and do not form part of the Zoning By-law.