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Zoning By-law 2003-50
THE CORPORATION OF THE TOWNSHIP OF ESSA
1
Contents
SECTION 1: TITLE .......................................................................................................... 2
SECTION 2: DEFINED AREA ......................................................................................... 2
SECTION 3: DEFINITIONS ............................................................................................. 2
SECTION 4: GENERAL PROVISIONS ......................................................................... 16
SECTION 5: GENERAL PROVISIONS FOR AGRICULTURAL (A) & RURAL (RL)
ZONES ..................................................................................................... 34
SECTION 6: AGRICULTURAL (A) ZONE ..................................................................... 36
SECTION 7: RURAL (RL) ZONE ................................................................................... 41
SECTION 8: GENERAL PROVISIONS FOR RESIDENTIAL ZONES ........................... 43
SECTION 9: RESIDENTIAL, LOW DENSITY, DETACHED (R1) ZONE ...................... 45
SECTION 10: RESIDENTIAL, LOW DENSITY, SEMI-DETACHED (R2) ZONE ............ 58
SECTION 11: RESIDENTIAL, MEDIUM DENSITY, TOWNHOME (R3) ZONE ............... 65
SECTION 12: RESIDENTIAL, MEDIUM DENSITY, MULTI-UNIT (R4) ZONE ................ 71
SECTION 13: RESIDENTIAL, HIGH DENSITY, APARTMENTS (R5) ZONE ................. 72
SECTION 14:
PERMITTED USES FOR RESIDENTIAL ZONES .................................... 74
SECTION 15:
ESTATE RESIDENTIAL (RS1) ZONE ...................................................... 76
SECTION 16: MOBILE HOME RESIDENTIAL (RS2) ZONE ........................................... 77
SECTION 17: RESIDENTIAL ZONE REGULATIONS ..................................................... 78
SECTION 18:
GENERAL PROVISIONS FOR COMMERCIAL ZONES .......................... 80
SECTION 19: COMMUNITY COMMERCIAL (C1) ZONE................................................ 81
SECTION 20: CORE COMMERCIAL (C2) ZONE ........................................................... 82
SECTION 21:
HIGHWAY COMMERCIAL (C3) ZONE ..................................................... 84
SECTION 22:
COMMERCIAL RECREATION (C4) ZONE .............................................. 85
SECTION 23:
COMMERCIAL AGRICULTURAL (C5) ZONE .......................................... 86
SECTION 24: GENERAL PROVISIONS FOR INDUSTRIAL ZONES ............................. 88
SECTION 25: GENERAL INDUSTRIAL (M1) ZONE ....................................................... 89
SECTION 26: POTENTIAL AGGREGATE INDUSTRIAL (M2) ZONE ............................. 91
SECTION 27: EXTRACTIVE INDUSTRIAL (M3) ZONE .................................................. 92
SECTION 28: WASTE MANAGEMENT INDUSTRIAL (M4) ZONE ................................. 93
SECTION 29: PERMITTED USES FOR INDUSTRIAL ZONES ...................................... 94
SECTION 30:
NON-RESIDENTIAL ZONE REGULATIONS - REGULATIONS
PERTAINING TO COMMERICAL OR INDUSTRIAL ZONES ................... 95
SECTION 31: OPEN SPACE PARK (OSP) ZONE .......................................................... 96
SECTION 32:
ENVIRONMENTAL PROTECTION (EP) ZONE ........................................ 97
SECTION 33: INSTITUTIONAL (I) ZONE........................................................................ 98
SECTION 34: PUBLIC SERVCES (PS) ZONE .............................................................. 100
SECTION 35: HOLDING PROVISIONS (H) .................................................................. 101
SECTION 36:
BY-LAW ADMINISTRATION, ENFORCEMENT AND VALIDITY ............ 103
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TOWNSHIP OF ESSA
ZONING BY-LAW
BY-LAW NO. 2003-50
A By-law to prohibit the use of land and the erection or use of buildings or structures except for certain
purposes; to regulate the height, bulk, location, size, floor area, spacing, character and use of buildings or
structures; to require loading and parking facilities for buildings or structures erected or used for certain
purposes; within defined areas in the Township of Essa.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ESSA ENACTS AS FOLLOWS:
SECTION 1: TITLE
This By-law may be cited as "The Zoning By-law of the Township of Essa".
SECTION 2: DEFINED AREA
This By-law applies to all lands included within the boundaries of the Township of Essa.
SECTION 3: DEFINITIONS
In this By-law, unless the context otherwise requires:
"Abandoned"
means the failure to proceed expeditiously with the construction of a work, specifically, abeyance
of construction for six months.
"Accessory Building or Structure"
means any subordinate building or structure which is separate from or attached to the main
building on the same lot and secondary to a principle permitted use of a building or structure;
is not used for human habitation; and may include, a private garage, private greenhouse,
swimming pool, patio shelter, carport, sewage disposal system, boat house, workshop, and
implement shed, but shall not include a shipping container.
"Accessory Use"
means a use naturally and normally incidental to, subordinate to, or exclusively devoted to a
principal use and located on the same lot therewith.
"Additional Residential Unit" or "In-Law Suite"
means a separate and self-contained dwelling unit that is subordinate to the Primary Dwelling
and located within the same building or within a detached accessory building/structure on the
same lot as the Primary Dwelling.
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"Agricultural Use"
means a use of land, buildings or structures for the purpose of bee-keeping, livestock, fallow, field
crops, forestry, fruit farming, horticulture, market gardening, pasturage, the housing of non-
domesticated animals excluding exotic animals, or any other farming use.
"Alter"
means any alteration to a bearing wall, partition, column, beam, girder, or other supporting
member of a building or structure, or any increase in the area of a building or structure.
"Apartment Building"
means a residential building containing five or more dwelling units, each of which shall have
access from an internal corridor system but does not include a boarding or rooming house, or row
dwellings.
"Areas of Natural and Scientific Interest"
means areas of natural and water containing natural landscapes or features that have been
identified by the Province or an appropriate authority as having life science or earth science values
related to protection, scientific study, or education.
"Attached"
means a building otherwise complete in itself, which depends on structural support, or enclosure,
on a division wall or a wall shared in common with at least 25% of a wall of the principle building.
"Automobile Body Shop"
means a building where automobile cleaning, polishing, body repair, or repainting is conducted but
shall not include any other automotive use.
"Automobile Repair Garage"
means a building where motor vehicles are repaired or serviced, and where gasoline, lubricants,
and automotive parts and accessories are kept for sale.
"Automotive Sales Establishment"
(new and used) means a building and/or lot used for the display and sale of new and used motor
vehicles and may include the servicing, repair, cleaning, polishing, greasing, body repair, and
repainting of motor vehicles, the sale of automotive accessories and related products, and the
leasing or renting of motor vehicles but shall not include any other defined automotive use.
"Automotive Service Station"
means a building or place where gasoline or other motor fuels are kept for sale and for delivery
directly into a motor vehicle, and for the sale to the motoring public of goods usual to the trade but
does not include a repair garage or motor vehicle sales room.
"Bachelor Unit"
means a dwelling unit in which only one room or part thereof contains sleeping accommodation
and which room is used as a living or dining room, or both, as well as for sleeping purposes but
does not mean or include a dwelling unit containing one or more rooms designed exclusively for
sleeping accommodation.
"Basement"
means that portion of a building between two floor levels which is underground, but which has at
least one-half of its height, from finished floor to finished ceiling, above the average finished grade.
"Bed and Breakfast"
means a dwelling in which lodging with or without meals is supplied for gain, up to four bedrooms
but does not mean or include a motel, hotel, hospital or similar commercial or institutional use, or
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apartment building. The Bed and Breakfast shall be owned and operated by one or more persons
residing on the premises during operation as a Bed and Breakfast.
"Boarder"
means a person other than an owner, lessee, tenant, or person related thereto, to whom meals
may or may not be provided and where lodging is provided for compensation.
"Boarding or Rooming House"
means a dwelling in which lodging is provided for between 5-8 tenants but shall not include a
group home, hotel, motel, children's home, or a bed and breakfast establishment, or other similar
establishments.
"Buffer Strip"
means a portion of a lot that is dedicated to landscaping and the growth of vegetation, for sole
purpose of providing a barrier or buffer.
"Building"
means a structure consisting of a wall, roof, and floor or any part of, or a structural system, in
accordance with the Building Code Act.
"Building Height"
means the vertical distance between the average finished grade at all corners of a building, and
a)
the highest point of a flat roof; or
b)
the deck line of a mansard roof; or
c)
the mean height between the eaves and ridge of a gabled or hip roof.
In calculating the height of a building, any construction used as ornament or for the mechanical
operation of the building such as a mechanical penthouse or a chimney, tower, cupola, silo, or
steeple, shall not be included.
"Building, Main"
means a building or structure in which the principle use of the lot on which it is situated is
conducted. In a residential zone, the dwelling is the main building.
"Bulk Storage Yard"
means a place where land is used for storage, in the open, of goods and materials, machinery,
petroleum products, and/or equipment, but does not include a salvage, junk, or scrap yard.
"Campground"
means any parcel of land that is zoned for the siting of recreational vehicles or tents on a seasonal
basis.
"Carriage House"
means a building that consists of a garage and an Additional Residential Unit that are separated
horizontally between two (2) storeys. The Additional Residential unit is completely independent of
the garage and has a separate entrance.
"Carport"
means a building, structure, or part thereof, of which at least 40% of the area of the perimeter face
is open and unobstructed by any wall, door, post or pier, and:
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a)
which is used for the parking or storage of private passenger motor vehicles; or,
b)
which is used for the temporary parking of commercial vehicles not weighing over 1.016
kilograms; and
c)
wherein neither servicing nor repairing is carried on for remuneration.
"Cellar"
shall mean that portion of a building between two floor levels, which has more than 50% of its
height from finished floor to finished ceiling below the average grade level.
"Cemetery"
means land set aside to be used for the interment of human remains and includes a mausoleum,
columbarium, or other structure intended for the interment of human remains.
"Church"
means a building dedicated to religious worship and may include a church hall, church auditorium,
Sunday school, convent, monastery, or parish hall.
"Child Care"
means the provision of temporary care for or supervision of children in any circumstance other
than in exempt circumstances.
"Child Care Centre"
means a premises operated by a person licensed under the Child Care and Early Years Act, 2014
to operate a child care centre at the premises.
"Clinic"
means a building or part thereof used by qualified professionals including, dentists, optometrists,
chiropodists, chiropractors, osteopaths, or drugless practitioners, numbering two or more, for
public or private human health purposes but does not include a private or public hospital for
overnight stay.
"Club"
means a building or part of a building used as a meeting place for members of an organization.
"Commercial"
means the use of land, building or structures for the purpose of buying and selling commodities
and the supplying of services as distinguished from such uses as manufacturing or assembling of
goods, warehousing, transport terminals, construction, and other similar uses; includes a school
conducted for hire or gain, and includes activities whereby participants are charged a fee.
"Contractor's Shop"
means a building and/or premises used to conduct a trade and/or perform shop or assembly work
and/or to store equipment and materials used by a contractor.
"Convenience Store"
means a retail establishment supplying groceries and other daily household necessities to the
immediate surrounding area.
"Conservation Uses"
means the preservation, protection and/or improvement of the components of the natural
environment, through management and maintenance for both individual and society's uses, both
present and future.
"Corporation"
means the Corporation of the Township of Essa.
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"Council"
means the municipal Council of the Corporation of the Township of Essa.
"Daylighting Triangle"
means an area free of buildings or structures, which area is to be determined by measuring, from
the point of intersection of street lines on a corner lot, the distance required by this By-law, along
each street line away from the intersection, and joining such points with a straight line. The
triangular-shaped piece of land between the intersecting street lines and the straight line joining
the points the required distance along the street lines is the daylighting triangle.
"Driveway"
means an area of land, which provides vehicular access from a street to a parking aisle.
"Dry Cleaning Establishment"
means a building where dry cleaning, dry dyeing, and the cleaning or pressing of articles, goods,
or fabric is carried on.
"Dwelling"
means a building or portion thereof occupied or capable of being occupied as a residence
including a prefabricated building situated on a permanent foundation but not including a hotel,
motel, nursing home, boarding, rooming or lodging house, a travel trailer, or mobile home.
"Dwelling Unit"
means a room or suite of two or more rooms in a dwelling having a private entrance and capable
of being occupied as an independent and separate housekeeping establishment with separate
culinary and sanitary facilities for living and sleeping purposes, but does not include housekeeping
units in a hotel, motel, boarding, rooming or lodging house, travel trailer, and mobile home.
"Dwelling, Block/Cluster Townhouses"
means a minimum of three (3) dwelling units, which are attached by one main wall above and
below grade and all of which are grouped on one lot.
"Dwelling, Detached"
means a building containing not more than one dwelling unit.
"Dwelling, Duplex"
means a building of two or more storeys, divided horizontally into not more than two dwelling units,
each of which is completely on a separate storey.
"Dwelling, Group or Cluster"
means three (3) or more permitted detached residential buildings on the same lot.
"Dwelling, Multi-Unit"
means a residential building containing three or more dwelling units but shall not include an
apartment building or converted dwelling.
"Dwelling, Semi-Detached"
means a building divided vertically into not more than two dwelling units, which dwelling units may
be held in separate ownership. The two dwelling units may be connected vertically along a
common wall or by the linking of foundations.
"Dwelling, Stacked Townhouses"
means a townhouse development, in which one dwelling unit is located above another unit, no
more than three storeys in height with no internal corridor system.
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"Dwelling, Townhouse or Rowhouse"
means one of a group of three or more attached dwelling units, attached vertically; each having an
independent entrance from the outside and each situated on its own lot, except in the case of a
condominium application.
"Elevation"
with reference to a building or structure, means any vertical section thereof which occurs above
grade.
"Erect"
with reference to a building or structure, means build, construct, reconstruct or enlarge, and
includes any physical operation such as excavating, filling, grading or draining preparatory to
building, construction, reconstruction, and the moving of a building or structure from one location
to another.
"Established Building Line"
means the average setback of the existing buildings. A building line is considered to be
established when at least 3 buildings have been erected on any one side of a continuous 300.0 m
of land with street frontage.
"Established Grade"
means the average elevation of the ground level surrounding a building.
"Existing"
means any building, structure, or use in existence on the date of passing of this By-law.
"Farm Implement Dealer"
means an establishment for the repair or sale of agricultural implements, including the sale of
lubricants for agricultural equipment on the same premises, as an accessory use.
"Fertilizer Plant"
means a building or structure used primarily for the purpose of blending, mixing and storage of
fertilizers, but does not include the manufacturing of fertilizer.
"Flood Fringe"
means the outer portion of the floodplain that may be covered by floodwaters, where flood depths
and velocities are generally less severe.
"Floodplain"
means the area, usually lowlands, adjoining a watercourse, which has been, or may be, covered
by floodwater. Generally, the floodplain is a part of the watercourse's natural space in times of
flooding in the event of a 1 in 100-year storm or regional storm event, whichever is greater.
"Floodway"
means the channel or watercourse and that inner portion of the floodplain where flood depths and
velocities are generally higher than those experienced in the flood fringe. The floodway
represents that area required for the safe passage of flood flow and/or that area where flood
depths and/or velocities are considered to be such that they pose a potential threat to life and
property.
"First Floor"
means the floor of a building at or immediately above the established grade.
"Floor Area"
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means the ground level floor area of a building on a lot (also referred to as the "footprint" of a
building), measured between exterior faces of the exterior walls of the building but excluding car
parking areas within the building and, for the purpose of this paragraph, the walls of an inner court
are and shall be deemed to be exterior walls.
"Floor Area, Gross"
means the aggregate of floor areas of all the storeys of all buildings on a lot, and including the
floor area of any basement, which floor areas are measured between exterior faces of the exterior
walls of the building at each floor level but excluding car parking areas within the building and, for
the purpose of this paragraph, the walls of an inner court are and shall be deemed to be exterior
walls.
"Gas Bar"
means one or more pump islands, each containing one or more gasoline pumps and possibly a
shelter having a floor area of not more than 10 m2, which shall not be used for the sale of any
product other than liquids and small accessories required for the operation of motor vehicles and
shall not be used for repairs, oil changes, or greasing.
"Golf Course"
means a public or private area operated for the purpose of playing golf and includes a driving
range but not a miniature golf course.
"Granny Flat or Garden Suite"
means a building or structure, commonly a modular or park-model permanent home, used as a
secondary dwelling unit on a property already containing a dwelling unit as a permitted use, to
exist only in accordance with the following:
a)
the secondary residence is to be no larger than the primary residence, measured in terms
of gross floor area;
b)
the secondary residence is to be occupied by an elderly parent of an occupant of the
primary residence; and
c)
all other provisions as contained in the Official Plan for the Township.
"Greenhouse"
means a building for the growing of plants, shrubs, or trees.
"Group Home"
means a building or buildings licensed or approved under Provincial Statute, in which no fewer
than 3 people, but no more than 8 people, not including staff or other family members, live as a
single housekeeping unit under responsible supervision consistent with the requirements of its
residents.
"Highwater Mark"
means the mark made by the action of water under natural conditions on the shore or bank of a
body of water, which action has been so common and usual and so long continued that it has
created a difference between the character of the vegetation or soil on one side of the mark and
the character of the vegetation or soil on the other side of the mark.
"Home Occupation"
means a gainful occupation conducted entirely within a dwelling house and/or an accessory
building by those people residing on a lot provided that:
a)
there is no external display or advertising other than a sign erected in accordance with any
by-laws of the corporation regulating signs;
b)
there is no external storage of goods, materials or equipment;
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c)
such home occupation is clearly secondary to the main residential use and does not
change the residential character of the dwelling or lot, nor create or become a nuisance in
terms of noise, traffic or parking;
d)
no more than 25% of the gross floor area of the dwelling unit is used for the home
occupation use or 25% of the gross floor area of an accessory building;
e)
the office of a professional practitioner or of an agent may be located in a dwelling used as
his private residence provided that such offices are to be used by the practitioner or agent
and only one additional staff member;
f)
no facilities shall be provided to the public other than for private consultation or emergency
treatment;
g)
in no case shall the boarding of animals, auto sales and sales of motorized vehicles, auto
body, or auto repair uses be classified as a home occupation; and
h)
anyone living in the home, of driving age and employed by the home occupation, or who
drives to earn their living, may park one vehicle associated with the home-based business
or their source of income in the driveway of the premises.
"Hotel"
(which includes a motel, motor hotel, or inn) means a building or structure used for the purpose of
catering to the needs of the traveling public by supplying short-term sleeping accommodations,
food, and/or refreshments. It does not include rooming or boarding houses or apartments.
"Institution"
means the use of land for non-commercial, non-profit purposes by an organized body, religious
group, or society, such as a public hospital, library, convent, or similar uses.
"Kennel"
means an enclosed building used for the keeping, breeding or boarding, of dogs.
"Landscaping"
means an area not built upon and not used for any purpose other than as a landscaped area
which may include grass, shrubs, flowers, trees, and as well, vegetation and paths, walks, patios,
fences and similar appurtenances but does not include parking areas, parking lots, driveways, or
ramps.
"Loading Space"
means an area of land which is provided and maintained on the same lot or lots upon which the
principal use is located and which area:
a)
is provided for the temporary parking of any commercial motor vehicle while merchandise
or materials are being loaded or unloaded from such vehicle and such parking is not for
the purpose of offering commodities for sale or display;
b)
is not upon or partly upon any street, lane, or parking stall; and
c)
has adequate access to permit ingress and egress of a commercial motor vehicle from a
street by means of driveways, aisles, maneuvering areas, or similar areas, no part of
which access is to be used for the temporary parking or storage of any other motor
vehicle.
"Lot"
means a parcel of land to which the title may legally be conveyed and which has continuous
frontage on a street.
"Lot Area"
means the total area within the boundaries of a lot, and in the case of a corner lot having street
lines rounding at the corner with a radius of 6.0 m or less, the lot area of such lot is to be
calculated as if the lot lines were projected to their point of intersection.
"Lot, Corner"
means a lot situated at the intersection of and abutting on two or more streets; or a lot abutting on
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one street on which an angle of less than 135 degrees is contained by the two straight lines which
join the foremost point of the lot with two points at which the interior side lot line and the rear lot
line meet the street.
"Lot Coverage"
means the percentage of the lot area covered by buildings, structures, or any hardscaped, non-
permeable surface above ground level except not to include any swimming pool or an open or
unenclosed deck which is not covered or surrounded with a wind block on more than two sides or
with a roof.
"Lot Depth"
means the distance between the front and rear lot lines; and where the front and rear lot lines are
not parallel, the lot depth is the length of a line joining the mid-points of such lot lines.
"Lot Frontage"
means the distance between the side lot lines measured along the front lot line; and where the
front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is to be
measured by a line 9 m back from and parallel to the chord of the lot frontage. For the purposes
of this paragraph, the chord of the lot is a straight line joining the two points where the side lot
lines intersect the front lot line.
"Lot, End"
means a lot which has street access other than a corner lot, used for a townhouse dwelling unit
where such unit is attached to another townhouse dwelling unit on one side only.
"Lot, Interior"
means a lot other than a corner lot.
"Lot Line"
means a boundary of a lot.
"Lot Line, Exterior Side"
means the longer of the lot lines of a corner lot which abuts a street.
"Lot Line, Front"
means the lot line that divides the lot from the street but
a)
in the case of a corner lot the shorter street line shall be deemed to be the front lot line and
the longer street line shall be deemed to be an exterior side lot line; and
b)
in the case of a corner lot with two street lines of equal length, the lot line that abuts the
wider street, or abuts a Highway or County Road shall be deemed to be the front lot line.
In the case of both streets being under the same jurisdiction, or of the same width, the
owner of such corner lot may designate either street line as the front lot line.
"Lot Line, Rear"
means the lot line opposite the front lot line.
"Lot Line, Side"
means a lot line other than a front or rear lot line.
"Lot, Through"
means a lot other than a corner lot, having separate frontages on two streets.
"Minimum Distance Separation Formula"
means a mathematical equation that is used to determine the minimum distance between
11
residential development and agricultural operations. Please refer to Appendix A and B of this By-
Law.
"Mobile Home"
means a transportable single detached dwelling unit designed and built to be transported on its
own chassis or frame, notwithstanding that its running gear is or may be removed, that it is
constructed or manufactured to provide a permanent residence for one or more persons. The
maximum width of this unit is 6.0 m. The mobile home is designed for long term year-round
occupancy. It has facilities for cooking, eating, living, sleeping, and sanitation.
"Mobile Home Park"
means a contiguous parcel of land, which has been developed for the placement of mobile homes.
"Mobile Home Site"
means a parcel of land within the Residential Special (RS2) Zone upon which one mobile home
may be added.
"Municipal By-law Enforcement Officer"
means the Officer or employee of the Township of Essa from time to time charged by the
Corporation with the duty of administering and enforcing the provisions of the Zoning By-law.
"Municipality"
means the Corporation of the Township of Essa.
"Neighbourhood Plaza"
means a group of commercial establishments and/or public uses designed, developed, and
managed as a single unit which serves a surrounding residential area or neighbourhood area but
shall not include automotive-related uses.
"Noxious Trade, Business or Manufacture"
means a place of employment which by its nature is harmful to living beings.
"Nursery and Garden Centre"
means a place where young trees or other plants are grown for transplanting or for sale and may
also include the sale of related accessory supplies.
"Nursery School"
means an establishment enrolling four or more children, and where tuition, fees, or other forms of
compensation for the care of children is charged, and which is licensed or approved to operate as
a nursery school.
"Nursing Home"
means a building within which is provided lodging, nursing, medical or similar care and treatment
and includes a rest or convalescent home.
"Open Space"
means open and unobstructed space on a lot, including the open, unobstructed space accessible
to all occupants of any residential or commercial building which is suitable and used for the growth
and maintenance of grass, flowers, bushes and other landscaping and may include any surface
pedestrian walk, patio, pools, or similar areas but does not include any driveway, ramp, or parking
area.
"Parking Aisle"
means an area of land, which abuts and is dedicated to provide direct vehicular access to one or
more parking spaces.
12
"Parking Area"
means an area of land which is provided and maintained upon the same lot, which the principal
use is located, or upon a lot immediately adjoining the said lot, and which area comprises all
parking spaces of at least the minimum number required according to the provisions of this By-
law, and all driveways, aisles, maneuvering areas, entrances, exits, and similar areas used for the
purpose of gaining access to or egress from the said parking spaces.
"Parking Space" (By-law Amendment 2008-24) (March 19, 2008)
means an area of land, which is provided and maintained upon the same lot which the principal
use is located, or upon a lot immediately adjoining the said lot, and which area:
a)
is provided for the parking or storage of one motor vehicle other than for the purpose of
offering commodities for sale or display;
b)
is adequate for the parking or storage of one motor vehicle and must be exterior;
c)
is not less than 2.5 m in width nor less than 6.0 m in length, exclusive of any land used for
access, maneuvering, driveway, or a similar purpose; and
d)
has adequate access to permit ingress and egress of a motor vehicle from a street by
means of driveways, aisles, maneuvering areas, or similar areas, no part of which access
is to be used for the temporary parking or storage of any motor vehicle.
"Personal Service Shop"
means a building or part of a building in which persons are employed in furnishing services and
otherwise administering to the individual and personal needs of persons.
"Place of Amusement"
means an arena, auditorium, billiard or pool room, bowling alley, motion picture or other theatre,
public hall, ice or roller skating rink, and other such venues, provided however that a place of
amusement shall not include an arcade show, penny arcade, pinball arcade or video arcade
and/or any other similar game of skill.
"Primary Dwelling"
means the main dwelling unit to which additional residential units shall be secondary and
subordinate.
"Primary Residence"
means a single detached dwelling, semi-detached dwelling, or rowhouse.
"Principal Use"
means the main use to which the premises are devoted and the main purpose for which the
premises exist.
"Professional Office"
means one or more of the following: the office of an Accountant, Advertising Agent, Architect,
Auditor, Chiropractor, Dentist, Engineer, Insurance Agent, Lawyer, Ontario Land Surveyor,
Optometrist, Physician, Real Estate Agent, or any other qualified and licensed professional.
"Quarry Excavation"
means the removal of sand, gravel, or other surface or subsurface material by means of an open
excavation to supply material for construction, industrial or manufacturing purposes but does not
include the removal of material from a wayside quarry or open pit metal mine.
"Quarry Wayside"
means a temporary pit or quarry opened and used by a public road authority solely for the purpose
of a particular project or contract or road construction and not located on the road right-of-way.
13
"Residential"
means the use of land or buildings for human habitation.
"Restaurant"
means a building or part of a building where food is offered for sale or sold to the public for
immediate consumption on the premises.
"Restaurant, Drive-Through"
means a building or part thereof where food is prepared and offered for sale to customers
traveling in motor vehicles, which are driven onto the site where the restaurant is located and
where normally the customer remains in the vehicle for service.
"Restaurant, Take-Out"
means a building or part thereof where food is prepared and offered for sale to the public for
consumption off the premises.
"Retail Store"
means a building or part of a building where goods, merchandise, substances, articles, or things
are offered or kept for retail sale directly to the general public and includes storage on the store
premises of limited quantities of such goods, merchandise, substances, articles, or things
sufficient only to service such store.
"Rowhouse"
means a consecutive series of similar residential units that shall share a maximum of two common
walls with the adjacent units, situated on one lot.
"Sand and Gravel Excavation"
means the removal of unconsolidated gravel, stone, sand, earth, clay, fill, mineral, or other
material by means of an open excavation to supply material for construction, industrial, or
manufacturing purposes, but does not include the removal of said material from a wayside pit.
"School, Public"
means a school under the jurisdiction of a Board of Education established and maintained
primarily at public expense.
"Self-Storage or Mini-Storage"
means a building consisting of individual, small, self-contained units that are leased or owned for
the storage of business and household goods.
"Service Industries"
means the processing of milk and dairy products, a bakery, a public garage including engine and
body repair shop, a printing establishment, a paint shop, plumbing shop, sheet metal shop, and
other similar uses.
"Service Shop"
means a building or part thereof used for the sale or repair of household articles; includes radio,
television and appliance repair shops but does not include industrial or manufacturing uses, or
motor vehicle repair shops.
"Setback Distance"
means the distance that a building or structure must be setback from a boundary on the parcel on
which the building or structure is located in.
"Settlement Areas"
means traditional central places formerly designated as Hamlets.
14
"Shipping Container" or "Sea Can"
means any new or used structure/container originally designed for the shipping of goods by
means of rail, truck, or by sea and includes intermodal shipping containers.
"Short-Term Accommodation"
means a place of temporary residence, lodging or occupancy by way of concession, permit lease,
rental agreement or similar commercial arrangement for any period equal to or less than thirty (30)
consecutive calendar days. This includes "Bed and Breakfast" but excludes hotels, motels, and
accommodations where there is no exchange for remuneration.
"Sign"
means a display board, screen, cloth or structure having characters, letters, or illustrations applied
thereto or displayed thereon in any manner.
"Site Assembled and Factory Built Buildings"
means a manufactured building intended for residential occupancy and which must comply with
the Building Code Act.
"Street"
means a public highway, which is dedicated, assumed, and maintained by the Municipality,
County, or Province.
"Street Line"
means any lot line that divides a lot from a street.
"Structure"
means anything constructed or erected, accessory to the primary use, such as a deck or pool, in
accordance with the Building Code Act.
"Swimming Pool"
means a body of water contained by artificial means which is used and maintained for the purpose
of swimming, diving, or bathing by humans.
"Tavern"
means an establishment used primarily for the serving of liquor by the drink to the general public
and where food may be served or sold as accessory to the primary use.
"Travel Trailer"
means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the
purpose of being drawn or propelled by the motor vehicle, notwithstanding that such vehicle is
Ajacked-up@ or that its running gear is removed but not including any vehicle unless it is used or
intended to be used for the temporary living, sleeping, or eating accommodation of persons
therein, and shall be deemed to include a tent trailer or recreational vehicle (RV).
"Truck Depot"
means any building or land where trucks or tractor trailers are stored or parked for commercial
purposes.
"Urban Residential Land"
means a parcel of land that is within an area of settlement on which residential use, other than
ancillary residential use, is permitted by by-law and is fully serviced by municipal water and
sewage systems.
"Use"
means the purpose for which any land, building, or structure is arranged, designed, or intended to
be used, occupied, or maintained.
"Veterinary Clinic"
means a building or part thereof that is used for the purpose of consultation, diagnosis, and office
15
treatment of animals.
"Waste Disposal Site"
means any land upon, into, or through which waste is deposited, disposed, handled, stored,
transferred, treated, or processed.
"Yard"
means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings
or structures except as may be expressly permitted in this By-law; and in determining yard
measurements the minimum horizontal distance from a lot line to the exterior face of the closest
wall or part of a building or structure is to be used.
"Yard, Exterior Side"
means the side yard of a corner lot which side yard extends from the front yard to the rear yard
between the street line and the nearest elevation of any building or structure on the corner lot.
"Yard, Front"
means a yard extending across the full width of a lot between the front lot line and the nearest
elevation of any building or structure on the lot.
"Yard, Minimum Front"
means the minimum depth of a front yard on a lot between the front lot line and the nearest
elevation of any building or structure on the lot.
"Yard, Minimum Rear"
means the minimum depth of a rear yard on a lot between the rear lot line and the nearest
elevation of any building or structure on the lot.
"Yard, Rear"
means a yard extending across the full width of a lot between the rear lot line and the nearest
elevation of any building or structure on the lot.
"Yard, Side"
means a yard extending from the front yard to the rear yard of a lot and between a side lot line and
the nearest elevation of any building or structure on the lot.
"Zone"
means a designated area of land use shown on the schedules of this By-law.
NOTE: Words used in the present tense include the future tense, and the reverse. Words used in the
plural number include the singular number and the reverse.
16
SECTION 4: GENERAL PROVISIONS
SECTION
PAGE
4.1
Interpretation ...................................................................................................... 18
4.2
Zones .................................................................................................................. 18
4.3
Schedules and Appendices .............................................................................. 19
4.4
Conformity .......................................................................................................... 19
4.5
Frontage on a Public Street.................................................................................. 19
4.6
Requirement for Lot ............................................................................................ 19
4.7
Restrictions on Changes ..................................................................................... 19
4.8
Minimum Lot Areas ............................................................................................. 19
4.9
Measurement of Setback and Yard Requirements ............................................... 19
4.10
Restoration to a Safe Condition ........................................................................... 19
4.11
Replacement of Dwellings .................................................................................. 19
4.12
Uses Permitted in all Zones ................................................................................. 20
4.13
Temporary Uses .................................................................................................. 20
4.14
Truck, Bus and Coach Bodies .............................................................................. 20
4.15
Prohibited Uses ................................................................................................... 20
4.19
Daylighting Triangles at Railway Crossings .......................................................... 22
4.20
Daylighting Triangles at Street Intersections ....................................................... 22
4.21
Swimming Pools .................................................................................................. 22
4.22
Multiple Uses ...................................................................................................... 22
4.23
Non-Conforming Uses ......................................................................................... 22
4.24
Height Exception ................................................................................................. 22
4.25
Non-Compliance of Existing Uses ....................................................................... 22
4.26
Setbacks from Streams and Watercourses .......................................................... 23
4.27
Sewage Disposal ................................................................................................. 23
4.28
Off-Street Parking Requirements ......................................................................... 23
4.28.1 Space Requirements .......................................................................................... 23
4.28.2 Minimum Parking Stall Dimensions ..................................................................... 23
4.28.3 Minimum Barrier-free Parking (2012-35) ............................................................... 24
4.28.4 Minimum Parking Requirements for Certain Uses ................................................ 25
17
4.28.6 Location ............................................................................................................. 27
4.28.7 Ingress and Egress Restrictions .......................................................................... 27
4.29
Off-Street Loading Requirements ........................................................................ 27
4.29.1 Size of Loading Spaces ........................................................................................ 27
4.30
Parking and Loading Facilities ............................................................................. 28
4.30.1 Parking and Loading Facilities ............................................................................. 28
4.31
Yard Requirements .............................................................................................. 28
4.32
Exemption from Lot Frontage and Lot Area Requirements ................................... 28
4.33
Lands Severed by Hydro Authority ....................................................................... 28
4.34
Special Setbacks ................................................................................................ 28
4.35
Dwelling Unit in Non-Residential Building or Lot .................................................. 29
4.36
Landscaping Provisions ...................................................................................... 29
4.36.1 Landscaping Along Road Allowances .................................................................. 29
4.36.2 Landscaping Along Lot Lines ............................................................................... 29
4.37
Illumination of Lots ............................................................................................. 30
4.38
Additional Residential Unit .................................................................................. 30
4.38.1 General Provisions Additional Residential Unit .................................................... 30
4.38.2 Attached Additional Residential Unit ................................................................... 31
4.38.3 Dettached Additional Residential Unit................................................................. 31
4.39
Shipping Containers ............................................................................................ 32
4.39.1 Temporary Use of Shipping Containers ................................................................ 32
18
4.1
Interpretation
a)
Nothing in this By-law shall be construed to exempt any person from complying
with the requirement of any by-law of the Municipality or the Corporation of the
County of Simcoe or from any law of the Province of Ontario or Canada.
b)
Where the boundary line of a zone does not correspond to a property line, the
centre line of a street, right-of-way, or watercourse, the location of said boundary
line shall be scaled from the scale indicated on Schedules "A" to "H" inclusive.
c)
For the purposes of this By-law all numeric standards use the metric system,
where "m" means metres.
The numeric standards may be converted into the imperial system by multiplying
3.2808 to any distance-related measurement, and 10.7639 to any area-related
measurement.
d)
In this By-law the word "shall" is mandatory.
4.2
Zones
The following zones are established within the Township of Essa and such zones may be
referred to by the following symbols:
Zones
Acronym
Zones
Acronym
Residential
Industrial
Low Density, Detached
R1
General Industrial
M1
Low Density, Semi-Detached
R2
Potential Aggregate
M2
Medium Density, Townhome
R3
Extractive Industrial
M3
Medium Density, Multi-Unit
R4
Waste Management Industrial
M4
High Density, Apartments
R5
Estate Residential
RS1
Agricultural and Rural
Mobile Home Residential
RS2
Agricultural
A
Rural
RL
Commercial
Community Commercial
C1
Environmental
Core Commercial
C2
Environmental Protection
EP
Highway Commercial
C3
Commercial Recreation
C4
Parks
Commercial Agricultural
C5
Open Space Park
OSP
Institutional
Public Utilities
Institutional
I
Public Services
PS
19
4.3
Schedules and Appendices
Schedules "A" to "H" and Appendices "A" to "B" inclusive attached hereto are declared to
form part of this By-law and indicate by zone symbols the boundaries of the zones to
which the provisions of this By-law shall apply.
4.4
Conformity
No person shall use any land or erect any building or structure within a zone except for a
permitted use and in accordance with the regulations provided by this By-law for the zone
in which it is located.
4.5
Frontage on a Public Street
All building lots shall have frontage on a public street or highway excluding an unopened
road allowance.
4.6
Requirement for Lot
Except as otherwise provided in this By-law, no building or structure shall be erected,
altered, extended, or enlarged except upon a lot nor shall any land be used for any
permitted use unless it comprises a lot.
4.7
Restrictions on Changes
Except as a result of the actions of any public authority having statutory powers of
expropriation, no person shall change the purpose for which any land or building or
structure is used, or erect any new buildings or structures, or add to any existing building
or structure, or sever any lands from any existing parcel if the effect of such action is to
cause the original, adjoining or remaining buildings or structures or lands to be in
contravention of this By-law.
4.8
Minimum Lot Areas
The minimum lot area shall be subject to the provisions declared in the "Minimum Lot
Area" Subsection of each zone category, or such larger area as may be required by the
appropriate authority pursuant to the provisions of the Building Code Act.
4.9
Measurement of Setback and Yard Requirements
Where the regulations of a zone include a requirement that the minimum yard of a lot or
parcel of land shall be a specific number of metres, such minimum yard shall be
determined by measuring at right angles from the street line of the abutting public street in
the direction of such lot or parcel of land a distance equal to the said specific number of
metres in the relevant regulation of such particular zone.
4.10
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of
any building or structure, provided that such strengthening or restoration will not change
the height, area or volume so as to contravene the provisions of this By-law.
4.11
Replacement of Dwellings
An existing dwelling in any zone may be replaced with a new dwelling in the case of partial
or complete destruction caused by fire, lightning, explosion, tempest, flood or any other
natural disasters, or demolition by Order of this Corporation of the Township of Essa, the
Simcoe County District Health Unit or other authority for safety, health, or sanitation
requirements, provided that:
a)
If in the EP Zone, approval is obtained from the Nottawasaga Valley
20
Conservation Authority and any other applicable government agencies.
4.12
Uses Permitted in all Zones
a)
Nothing in this By-law shall prevent the use of any land as a public street or public
park.
b)
Nothing in this By-law shall prevent the use of any land for the erection of buildings
or structures or the installation of other facilities essential to the operation of public
utilities, provided that any such use, building or structure shall be in substantial
compliance with the relevant provisions of this By-law and shall not adversely
affect the character or amenity of the neighbourhood in which same is located.
c)
Nothing in this By-law shall prevent the erection of any properly authorized traffic
sign or signal, or any sign or notice of any local or other government department or
authority.
d)
Nothing in this By-law shall prevent the use of any land for the erection or use of
any building or structure for the purpose of a public service by The Corporation of
the Township of Essa, any telephone or communications company, or any Ministry
of the Government of Ontario or Canada including a hydro authority, providing that:
1.
No goods, materials or equipment shall be stored in the open;
2.
The lot coverage and yard regulations prescribed for the zone in which the
use, buildings or structure is located are complied with; and
3.
Any building erected under the authority of this paragraph shall be
designed and maintained in general harmony with the buildings or
structures permitted in that zone.
4.13
Temporary Uses
Nothing in this By-law shall prevent the use of any land, or the erection or use of any
building or structure for a construction camp, work camp, tool shed, scaffold, sales trailer,
or other building or structure incidental to and necessary for construction work, or sales,
on the premises, but only for so long as such use, building or structure is necessary for
such construction work which has not been finished or abandoned.
4.14
Truck, Bus and Coach Bodies
Except as otherwise specifically permitted in this By-law, no truck, bus, coach, railway car,
streetcar body or structure of any kind, other than a dwelling unit erected and used in
accordance with this and all other by-laws of the Township, shall be used for human
habitation, whether or not the same is mounted on wheels or other form of mounting or
foundation.
4.15
Prohibited Uses
a)
Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any zone:
1.
Refining coal oil or petroleum products;
2.
Tanning hides or skins;
3.
Manufacturing gas;
21
4.
Manufacturing glue;
5.
A track for the use of motorized vehicles including, "motocross", "dirt-bikes"
or any other all-terrain vehicles, go-carts, snowmobiles, stock cars, and
other vehicles propelled or driven otherwise than muscular power or wind;
6.
A junk-yard, salvage yard, or automobile wrecking yard; or the collection,
storage, or sale of: junk, salvage, partially or completely dismantled motor
vehicles, or unlicensed vehicles; and
7.
Locating or storing on any land for any purpose whatsoever any disused
railroad car, streetcar body, truck body, or trailer with or without wheels,
whether or not any of the above is situated on a foundation.
8.
Notwithstanding any setbacks contained within this By-law, no structure
shall be permitted where it may impede drainage.
b)
In addition to the uses prohibited in clause (a) of this Subsection, any use is
prohibited which, from its nature or the materials used herein, is declared to be a
noxious trade, business or manufacture.
c)
In addition to the uses prohibited in clause (a) of this Subsection, all uses of land
and the erection or use of any building or structure for a purpose not permitted
under the "Permitted Uses" Subsection of one or more zones established by this
By-law are and shall be deemed to be prohibited in each zone, except for those
uses of land and the erection or use of any building or structure for a purpose
expressly permitted under the applicable provisions of Section 4 hereof.
4.16
Signs
Signs shall be permitted in all zones subject to the provisions of a Sign By-law of a
Municipality enacted under the Municipal Act, as amended from time to time.
4.17
Noxious Uses
Notwithstanding anything contained herein, no land shall be used and no building or
structure shall be erected, altered or used for any purpose which is obnoxious, as defined
by Provincial legislation, and without limiting the generality of this Subsection, for any
purpose that creates or is likely to become a nuisance or offensive, or both:
a)
By the creation of noise or vibration; or
b)
By reason of the emission of gas, fumes, smoke, dust, or objectionable odour; or
c)
By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other
such material; or
d)
By any combination of these things described in clause (a), (b) and (c) of this
Subsection.
4.18
Cellar
Notwithstanding anything contained in this By-law, no cellar or part of a cellar of any
building shall be used as a whole dwelling unit, and the whole or any part of a cellar shall
not be used for calculating the required minimum gross floor area of any dwelling unit.
22
4.19
Daylighting Triangles at Railway Crossings
Notwithstanding anything contained in this By-law, where any public street crosses a
railway, no building or structure shall be erected within 15.0 m of the daylighting triangle
with perpendicular dimensions of 46.0 m.
4.20
Daylighting Triangles at Street Intersections
Where any two public streets intersect; no buildings or structures, trees, shrubs, hedges,
signs, fence or wall shall be planted, erected, or maintained within the required daylighting
triangle.
4.21
Swimming Pools
Notwithstanding anything contained in this By-law, a swimming pool is permitted as an
accessory use to a permitted residential use:
a)
In the front or exterior side yard of any lot provided no part of such pool is located
closer to any lot line than the minimum distance required for the principle building
located on such lot; and the maximum height of such pool and any required fence
is not more than 2.5 m above the average finished grade level of the ground;
b)
In the rear yard or any interior side yard of any lot provided no part of such pool is
located closer to any lot line than the minimum distance required for an accessory
building;
c)
In accordance with all other by-laws of the Municipality, including by-laws
regulating fencing.
4.22
Multiple Uses
Notwithstanding anything contained in this By-law, where any land, building, or structure is
used for more than one purpose, all provisions of this By-law relating to each use shall be
complied with but no building shall be located within 3.0 m of any other building on the
same lot except a building accessory to a dwelling. A dwelling used as an accessory use
in the same building will be allowed where permitted by this By-law.
4.23
Non-Conforming Uses
This By-law shall not apply to prevent the use of any land, building, or structure for any
purpose prohibited by this By-law if such land, building, or structure was lawfully used for
such purpose on the date of passing of the By-law and so long as it continues to be used
for that purpose; or to prevent the construction or use of a building or structure, the plans
for which have been submitted prior to the date of passing of the By-law so long as the
building or structure when erected is used and continues to be used for the purpose for
which it was erected.
4.24
Height Exception
Notwithstanding the height provisions of this By-law, nothing in this By-law shall apply to
prevent the erection of a church spire, belfry, clock tower, chimney, farm building or
structure, silo, water tank, windmill, radio, radar or communications tower, or antenna.
4.25
Non-Compliance of Existing Uses
Where a building has been erected prior to the date of passing of this By-law on a lot
having less than the minimum frontage, depth or area, or having less than the minimum
setback(s) required by this By-law, the said building may be enlarged, repaired, or
renovated provided that:
23
a)
The enlargement, repair, or renovation does not further reduce a yard containing
less than the minimum required by the By-law; and
b)
All other applicable provisions of this By-law are complied with.
4.26
Setbacks from Streams and Watercourses
Notwithstanding the provisions of this By-law, a special setback of 30.0 m shall be
required between any proposed building or structure and the high water mark or top of
bank (the slope of which exceeds 33%) of a watercourse whether or not such stream or
watercourse is shown on any schedule forming part of this By-law. Notwithstanding the
foregoing, this Section shall not apply to property described as Part Lots 4 and 5,
Concession 6 (5559 6th Line).
Where a zone symbol on the attached schedules is followed by an AFF@, this symbol
applies to lands that are within the Flood Fringe.
4.27
Sewage Disposal
No building permit will be issued for any building or structure which requires a septic tank
unless the building permit application is accompanied by approval in writing from the
authority responsible for the approval of sewage disposal systems.
4.28
Off-Street Parking Requirements
4.28.1
Space Requirements
For every building or structure to be erected or enlarged, altered, or its use converted, off-
street parking spaces exclusive of aisles or driveways, shall be provided and maintained in
conformity with the following provisions and other provisions contained in the By-Law
unless otherwise specifically provided.
4.28.2
Minimum Parking Stall Dimensions
Angle of
Parking Space
Width of
Parking Space
Length of
Parking Space
Required Aisle
Maneuvering Space
0 degrees
2.5 m
6.7 m
3.7 m
15 degrees
2.5 m
6.7 m
3.7 m
30 degrees
2.7 m
6.0 m
3.7 m
45 degrees
2.7 m
6.0 m
4.5 m
60 degrees
2.7 m
6.0 m
5.5 m
75 degrees
2.7 m
6.0 m
6.0 m
90 degrees
2.7 m
6.0 m
6.0 m
24
4.28.3
Minimum Barrier-free Parking (2012-35)
The following number of accessible parking spaces shall be required, depending
on the total overall number of parking spaces required. The dimensions of each
accessible parking space, associated aisle width and location from an entrance
shall be stipulated by the Accessible Built Environment Standard and other
applicable law such as the Accessibility for Ontarians with Disabilities Act
(AODA) or other Provincial legislation in force and effect.
Suggested dimensions are as follows:
Type A - parking space width of 2.6 m with a 2 m aisle width or that contained
within any other governing Provincial legislation; and
Type B - parking space width of 2.4 m with a 1.5 m aisle width or that
contained within any other governing Provincial legislation.
No. of Parking
Spaces Required
Minimum
Barrier-free
Parking Spaces
Required
Type A (vans) - refer
to definitions of the
Accessible Built
Environment Standard
Type B (Cars) - refer to
definitions of the
Accessible Built
Environment Standard
1
0
n/a
n/a
2-5
1
1
n/a
6-20
2
1
1
21 or more
5%
50% of that required
50% of that required
25
4.28.4
Minimum Parking Requirements for Certain Uses
Use
Minimum Parking Facilities Required
Banks, business and professional offices and medical
centres.
One space for each 28.0 m2 or fraction thereof of ground floor
area plus one space for each 37.0 m2 or fraction thereof of
remaining gross floor area.
Billiard parlours and bowling lanes.
One space for each 2 persons of design capacity shall mean 6
persons per bowling lane and 2 persons per billiard table.
Boarding house and tourist home.
One space for each bedroom.
Churches
One space for each 3 persons who can be accommodated in
the main place of assembly.
Drive-in Restaurant or Take-out Restaurant.
One space for each 20.0 m2 of gross floor area.
Mini storage warehouse.
One space per 300.0 m2 of gross floor area.
Apartments in R5 Zones.
1.35 spaces for each dwelling unit, plus an additional 0.5
spaces per unit for visitor parking.
Post offices, museums, art galleries and libraries.
One space for each 50.0 m2 or fraction thereof of public floor area.
Places of assembly such as halls, lodges, labour union
halls, community centres and other places of public
assembly.
One space for each 4 persons maximum design capacity.
Private or commercial clubs, athletic and recreational
establishments.
One space for each 6 persons maximum design capacity.
Professional Office as a secondary use to a private
residence.
One space for every 18.5 m2 of floor space occupied by the
professional office.
Public or private hospitals and nursing homes.
The greater of one space for each 93.0 m2 or fraction thereof of
gross floor area, or one space per 4 beds plus one space per 4
employees.
Residential (including any dwelling in any zone).
Two exterior spaces for all residential uses excepting high
density apartments and senior citizen apartments.
Dwelling, Block/Cluster Townhomes
Two exterior spaces, plus an additional 0.25 exterior spaces
per unit for visitor parking.
Dwelling, Group or Cluster
Two exterior spaces, plus an additional 0.25 spaces per unit
for visitor parking for those dwelling unit types that are not
otherwise required to provide visitor parking.
Dwelling, Stacked Townhouses
Two exterior spaces, plus an additional 0.25 exterior spaces
per unit for visitor parking for those dwelling unit types that
are not otherwise required to provide visitor parking.
Restaurants, taverns, and eating establishments.
One space for each 4.5 m2 or fraction thereof of public floor
area with a minimum of 10 spaces.
Retail lumber and building supply outlets.
One space for each 28.0 m2 or fraction thereof of retail floor
area with a minimum of 6 spaces.
Retail outlet as a secondary use to a manufacturing
use.
One space for each 28.0 m2 or fraction thereof of gross floor area.
26
Schools.
The greater of one space per classroom, or one space for each
10 people, for the maximum design capacity of Assembly Hall
or Auditorium.
Senior Citizens Apartments.
One space for each unit, plus an additional 0.5 spaces per unit
for visitor parking.
Shopping Centre.
One space for each 18.5 m2 of gross floor area.
Undertaking Establishment.
One space for each 5 chapel seating spaces or fraction thereof
with a minimum of 10 spaces.
All other industrial uses.
One space per 100.0 m2 of gross floor area.
All uses, buildings and structures not specified above.
One space for each 28.0 m2 or fraction thereof of gross floor area.
4.28.5
a)
Each parking space must be readily accessible at all times and arranged in such a
manner to provide access and maneuvering space for the parking and removal of
a motor vehicle.
b)
Ingress and egress to and from the parking facilities prescribed by this Subsection
shall be provided by a sufficient number of adequate, unobstructed driveways.
c)
Where a ramp to parking facilities provides access from a street, such a ramp shall
not be located closer than 7.5 m from the street line and a level stopping space
shall be provided between the ramp and the street at street grade so as to provide
adequate vision to the street in both directions.
d)
In the case of a parking structure completely or partly below finished grade it shall
not be necessary to comply with the setback requirements of the particular zone
except that the minimum distance between such a structure and the street line
shall be 7.5 m.
e)
Where a building or structure accommodates more than one type of use the
parking requirements for the whole building shall be the sum of the requirements
for the separate parts of the building occupied by the separate types of uses.
f)
The parking requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the floor area as it
existed at that date is not increased or the use changed. If an addition or change
in use is made then additional parking spaces shall be provided to the number
required for such addition or change in use.
g)
Where parking requirements are related to seating capacity and seating is by open
benches, each 0.5 m of open bench shall be counted as one seat.
h)
Where the application of ratios results in a fraction of a parking space the required
number of spaces shall be increased to the next whole number.
i)
The lights used for illumination of a parking area shall be so arranged as to divert
the light away from the adjacent lots.
j)
A structure not more than 4.5 m in height and not more than 4.5 m2 in area may
be erected in the parking area for the use of parking attendants.
k)
No sign other than directional signs and the name of the owner which shall not
exceed 1.0 m2 in total area shall be erected in any parking area.
27
l)
No gasoline pump or other service station equipment shall be located or
maintained within any parking area.
m)
Entrances and exits to parking spaces shall not pass through zones other than the
zone requiring the parking spaces.
n)
Where off-street parking abuts a residential zone, a barrier at least 0.9 m in height
shall be erected and maintained at least 3.0 m from the lot line and the land
between the barrier and the lot line shall be landscaped.
o)
No parking or loading facility or part thereof shall be located and no land shall be
used for the temporary parking or storage of any motor vehicle within 1.5 m of any
lot line or street line or within 3.0 m of the boundary of any residential zone.
4.28.6
Location
Parking for a structure shall only be permitted on the lot where the structure is situated.
4.28.7
Ingress and Egress Restrictions
The following shall be imposed on non-residential lots that require a place for patrons
and consumers to park motor vehicles;
a)
A parking area that contains more than 5 spaces, must have an entrance of no
less than 9.0 m in width.
b)
A parking area with up to 5 spaces the minimum width of an entrance is 6.0 m.
c)
A landscaped buffer strip of 3.0 m shall be implemented and maintained when a
non-residential zone has an access point adjacent to a residential zone.
4.29
Off-Street Loading Requirements
For every building or structure to be erected, altered, or its use converted to a commercial
or industrial use, involving the frequent shipping, loading or unloading of persons, animals,
goods, wares, or merchandise, off-street loading facilities shall be provided and
maintained upon the same lot on which the principal use is located and in accordance with
the following table:
Gross Floor Area
Quantity of Loading Spaces
Size of Loading Space
Length
Width
Height
0.0 m2 to 500 m2
Nil
501 m2 to 2,000 m2
1
9.0 m
3.0 m
4.5 m
2,001 m2 to 5,500 m2
2
16.0 m
5,501 m2 to 10,000 m2
3
Each additional 8,000 m2 or part
thereof in excess of 10,001 m2
1
4.29.1
Size of Loading Spaces
For any building or structure that requires a loading space, the loading spaces must
28
comply with the standards set out in the preceding table.
4.30
Parking and Loading Facilities
Any parking area, parking space, loading space, driveway, manoeuvring area, or aisle
required to be provided or permitted according to the provisions of this By-law for any use
in any zone, other than parking facilities for a dwelling or for any agricultural use, shall be
provided and maintained with a concrete, asphalt, or bituminous gravel surface and
adequate drainage facilities.
4.30.1
a)
Each loading space must be readily accessible at all times and arranged in such a
manner to provide access and manoeuvring space for the parking and removal of
a motor vehicle.
b)
Ingress and egress to and from the loading facility shall be provided by a
sufficient number of adequate, unobstructed driveways.
c)
No part of a loading space shall be located closer than 7.5 m to a road
allowance.
4.31
Yard Requirements
Every part of any yard required to be provided in any zone shall be open and unobstructed
by any structure from the ground to the sky, except that:
a)
Sills, belt courses, cornices, chimney bases, eaves or gutters, or pilasters may
project into any required yard a distance of not more than 0.6 m; and
b)
Bay windows, balconies, canopies, or steps may project into any required front or
rear yard a distance of not more than 1.0 m.
c)
Accessibility ramps and entrance features to accommodate for accessible aids are
to be 0.6 m from side yard lot lines, and 1 m from a front lot line, so long as they do
not interfere with side yard swales, drainage affecting neighbouring properties,
traffic or public safety. (2013-14)
4.32
Exemption from Lot Frontage and Lot Area Requirements
Notwithstanding anything contained in this By-law, a parcel which is situated in any zone
and which lacks either the required frontage or area, or both the required frontage and
area, for a lot in the respective zone, is and shall be deemed to be a lot provided that:
a)
The description of such parcel is the same as in a deed registered on or prior to
the date of passing of this By-law; and
b)
Such parcel could have been conveyed legally on the date of passing of this
By-law.
4.33
Lands Severed by Hydro Authority
Where a hydro authority acquires lands for the purpose of a distribution or transmission
line and such acquisition deprives a parcel of land of street frontage, the part of such
parcel so deprived of street frontage shall be deemed for the purpose of this By-law to
have frontage provided that such parcel has a permanent right of access.
4.34
Special Setbacks
29
a)
Notwithstanding any other provisions of this By-law where a lot abuts Provincial
Highway 89, the provisions of the Public Transportation and Highway Improvement
Act shall apply with regard to building setbacks from the highway centre line or
right-of-way and other related matters.
b)
Notwithstanding any other provisions contained in this By-law, where a lot abuts a
County Road, the provisions of the County of Simcoe shall apply with regard to
setbacks from the road centre line or right-of-way and other related matters.
c)
Notwithstanding the provisions of this By-law, where a detached dwelling or
accessory use is to be erected in a built-up area where there is an established
building line, such dwelling or accessory use is not to be erected closer to the
street line or to the centre line of the road or street, as the case may be, than the
established building line on the date of passing of this By-law.
b)
Where a lot abuts a right of way containing a high pressure fossil fuel pipeline, a minimum building
and/or structure setback shall be 10.0 m, from the edge of the right of way.
c)
Notwithstanding any other provisions of this By-law, where lands abut a settlement area, no new
C4 uses will be permitted. (By-law 2008-24)
4.35
Dwelling Unit in Non-Residential Building or Lot
No person shall use any lot, or erect, alter or use any building or structure for the purpose
of a dwelling unit on a lot zoned other than for a residential use or within a portion of a
non-residential building except in accordance with the following regulations:
a)
The dwelling unit shall have a minimum floor area of 56.0 m2;
b)
The dwelling unit shall have a separate washroom and kitchen facilities from those
of the non-residential use;
c)
The dwelling unit shall have a separate building entrance than that provided for the
non-residential use;
d)
The gross floor area of the residential portion of a non-residential building shall not
exceed 50%.
e)
In the case where the permitted dwelling unit is within a separate building on a
non-residential lot, the requirements of the R1 Zone shall apply to that portion of
the lot to be used for residential purposes, if the lot lies in a settlement area; or the
requirements of the A Zone shall apply to that portion of the lot to be used for
residential purposes, if the lot lies outside of a settlement area.
4.36
Landscaping Provisions
4.36.1
Landscaping Along Road Allowances
A 3.0 m buffer strip shall be provided on non-residential lots to act as a buffer against road
allowances. The area dedicated for access onto a site is exempt from this policy.
4.36.2
Landscaping Along Lot Lines
a)
Where abutting lots have the same non-residential zoning, a buffer strip of 1.5
m must be provided along the lot line that the two properties abut, unless there
is shared access by means of a common driveway.
30
b)
Where abutting lots have conflicting residential and non-residential zoning
along a lot line a buffer strip of 3.0 m must be provided.
4.37
Illumination of Lots
All lighting facilities located in any zone shall be installed and maintained ensuring that the
illumination is not directed onto the road allowance and any other abutting lots.
4.38
Additional Residential Unit
4.38.1
An Additional Residential Unit shall be developed in accordance with the following
provisions:
a)
An Additional Residential Unit shall be permitted where permitted by this By-law
within a permitted single detached dwelling, semi- detached dwelling, or
rowhouse or located within a detached accessory building/structure on the
same lot as the primary residence where permitted by this By-law.
b)
A maximum of two Additional Residential Units shall be permitted on a lot, one
within a primary residence and/or one located in a detached accessory
building/structure to the primary residence in the specified zones. Two
Additional Residential Units may be permitted in the primary dwelling where no
residential units exist in a detached accessory building on the same lot. An
Additional Residential Unit shall only be considered once the maximum number
of primary residential units has been met.
c)
An Additional Residential Unit shall not be permitted on properties that are
accessed from a private street.
d)
In accordance with the Off-Street Parking Requirements provided within this by-law, a
minimum of two (2) parking spaces per Additional Residential Unit are (required to be provided and
maintained on site for the sole use of the occupants of an Additional Residential Unit and may include
tandem parking spaces.
e)
An Additional Residential Unit shall be appropriately serviced and shall comply
with all applicable health and safety standards, including but not limited to those
set out in the Ontario Building Code and the Ontario Fire Code.
f)
The maximum floor area of an Additional Residential Unit within or attached to
the primary residence shall be 50% of the gross floor area of the primary
residence.
g)
An Additional Residential Unit shall be connected to both municipal water
supply and municipal sanitary sewers (Full Municipal Services), where
available, and the Township confirms there is sufficient capacity to service the
Additional Residential Unit.
h)
Despite section 4.38.1.g), an Additional Residential Unit may be permitted
where municipal water supply and municipal sanitary sewer are unavailable
provided that it can demonstrated, to the satisfaction of the Township, that all
private servicing is appropriately complied with including but not limited to the
requirements of the Ontario Building Code.
i)
An Additional Residential Unit shall have separate washroom and kitchen
31
facilities from the primary dwelling.
j)
An Additional Residential Unit shall not be permitted on a lot that is used for a
Garden Suite, Bed and Breakfast, Group Home, Private Home Tutor, Private
Home Daycare, or Correctional use.
k)
No Additional Residential Unit(s) shall be permitted within the flooding and
erosion hazard limits of any/all watercourses, unless a permit is provided by the
Nottawasaga Valley Conservation Authority.
l)
Home occupations shall only be permitted in the primary dwelling and shall not
be located within an Additional Residential Unit attached to a primary dwelling."
m)
The civic address of a lot containing an Additional Residential Unit shall clearly
indicate the existence of an Additional Residential Unit by adding signage in
accordance with By-law 2008.15 as amended.
n)
An unobstructed path of travel of 1.2-metres in width and 3.0-metres in height
must be provided to the main entrance of the Additional Residential Unit from
the main access of the property.
o)
Fully serviced lots with Additional Residential Units shall not exceed 45% lot
coverage.
p)
All other provisions of the respective zone are complied with.
4.38.2
An Additional Residential Unit within a Primary Dwelling shall be developed in
accordance with the following additional provisions:
a)
A separate entrance shall be required for the Additional Residential Unit and
shall be located on the rear or side of the primary residence.
b)
All other provisions of the respective zone are complied with.
4.38.3
An Additional Residential Unit within a Detached Accessory Building/Structure shall be
developed in accordance with the following provisions:
a)
The maximum gross floor area of an Additional Residential unit in a Detached
Accessory Structure shall be the lessor of 139 square metres or 50% of the
gross floor area of the principal dwelling unit in Agricultural and Rural zones;
and 102 square metres or 50% of the gross floor area of the principal dwelling
unit in all other zones.
b)
The maximum building height of an Additional Residential Unit is one (1) storey
and shall not exceed the height of 4.5-metres. An Additional Residential unit
may exceed this if it is located within a Carriage House and shall not exceed
7.5-metres in height."
c)
All applicable setbacks for a detached accessory building/structure within the
applicable zone shall also apply to the Additional Residential Unit accessory
structure.
d)
A minimum of 1.5-metres shall be provided between the Additional Residential
Unit in a detached accessory building/structure on the same tot and any other
structure permitted on the lot.
32
e)
That a minimum 1.2-metre walkway shall be provided from the Additional
Residential Unit to the main access to the property.
f)
An Additional Residential Unit within a detached accessory building/structure in
the "A" and "RL" Zones shall be located no more than 30 metres from the
Primary Residence.
g)
The Additional Residential Unit shall not have a basement.
h)
No Additional Residential Unit is permitted to be severed from the lot that
contains its associated primary building. An Additional Residential Unit shall not
be considered a residence surplus to a farming operation.
i)
All other provisions of the respective zone are complied with.
4.39
Shipping Containers
A shipping container shall be erected, on a property where it is explicitly permitted, in
accordance with the following provisions:
a)
Shall only be used or erected as an accessory use to a main building;
b)
Shall not be located in a front yard;
c)
Shall not be located in a required parking area or encroach into a required
landscaped area;
d)
A distance of no less than 3.0-metres shall separate any shipping container
from any other building or structure on the property;
e)
Notwithstanding the other provisions of this section (4.39), the applicable
setback provisions for an accessory structure/building within the applicable
zone shall apply to a shipping container;
f)
A maximum of one (1) shipping container shall be permitted accessory to a
principle use on properties which are within the Institutional (I) Zones;
g)
Shall be included in the calculation of lot coverage for all zones and are not to
contribute to exceeding a zone's maximum lot coverage;
h)
Shall be no greater than 32.0m² in gross floor area nor 3.0-metres in height;
i)
Shall be used for storage purposes and not for display, advertising, screening
or fencing;
j)
Shall be maintained in good condition and free of rust;
k)
Stacking shall not be permitted;
l)
No shipping container shall be used for human habitation; and
m)
Notwithstanding the above, all other provisions of the respective zones shall be
complied with.
4.39.1
Temporary Use of Shipping Containers
33
The temporary erection and use of a shipping container may be permitted in
any zone as an accessory use to active construction which is permitted through
a Building Permit. This use shall be permitted during the progress of permitted
works to a limit of no greater than 12 consecutive months and may be revoked
at any time if construction is deemed not to be in compliance with the Ontario
Building Code or Township Zoning By-law. Shipping containers approved under
this provision shall comply with the most restrictive setback requirements of the
respective lot's zone.
34
SECTION 5: GENERAL PROVISIONS FOR AGRICULTURAL (A) & RURAL (RL) ZONES
5.1
In the A or RL Zone, the following provisions apply to certain specific uses as noted:
a)
The minimum area for a lot to be used for a bed and breakfast or granny flat
shall be 1.0 ha in the case of either, the setbacks pertaining to a residential use in
a A or RL Zone shall apply;
b)
The minimum area for a lot to be used for a veterinary clinic or kennel shall be
1.5 ha; all buildings or structures used in conjunction with a kennel must comply
with the regulations and standards contained in the Township's Kennel By-law.
5.2
All farm and non-farm development is to comply with Minimum Distance Separation
formulae established by the Province in order to minimize odour conflicts between
livestock facilities and development.
5.2.1
Minimum Distance Separation I
Notwithstanding any other provisions in this By-law to the contrary, land to be rezoned will
comply with the MDS I formula established by the Province.
a)
Notwithstanding any other provisions of this By-law to the contrary, a residential
use to be located upon an existing lot of record greater than 1.0 ha in size will
comply with the MDS I calculation using Appendix A to this By-law.
b)
Notwithstanding any other provisions of this By-law to the contrary, a new use to
be located upon an existing lot of record 1.0 ha in size or less will not be required
to comply with MDS I.
5.2.2
Minimum Distance Separation II
Notwithstanding any other provisions in this By-law to the contrary, a new or expanding
livestock facility will comply with MDS II formula established by the Province.
a)
Notwithstanding any other provisions in this By-law to the contrary, the MDS II
calculated separation distances will be measured from the nearest point of an
existing vacant lot of record, 1.0 ha in size or less, to the nearest point of the
proposed livestock facility.
5.3
Accessory Buildings
a)
No accessory building or structure shall occupy more than 8% or 93.0m² of floor area, whichever
is the lesser, of the area of a lot, nor exceed 6.0 m in height on any lot, which is less than 1.0 ha in size;
and
No accessory building or structure shall occupy more than 8% or 139.0m² of floor
area, whichever is the lesser, of the area of a lot, nor exceed 6.0 m in height on
any lot, which is greater than or equal to 1.0 ha in size.
b)
The maximum lot coverage for an accessory building or structure shall be 8%
provided that the lot coverage of all buildings on the lot does not exceed the
overall maximum lot coverage as set out in Sections 6 or 7.
35
c) The minimum front or exterior side yard setback for all accessory buildings is
18.0 m.
d)
The minimum rear or interior side yard setback for all accessory buildings is 3.0
m.
e)
The minimum distance from a main building shall be 3.0 metres.
5.4
Regulations for Daylighting Triangles
All uses permitted in the A or RL Zone located on a corner lot shall provide a daylighting
triangle of not less than 10.0 m.
36
SECTION 6: AGRICULTURAL (A) ZONE
6.1
Within an Agricultural (A) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of
this Section and also in accordance with the regulations contained in Subsection 3 of this
Section.
6.2
Permitted Uses
a)
Agricultural uses, including hobby farms and riding stables
b)
Veterinary clinics and kennels
c)
Market garden where farm produce is sold
d)
Conservation uses
e)
Wayside pits & quarries
f)
Portable asphalt plant
g)
A residence on a lot defined in this By-law
h)
Accessory buildings to the above permitted uses
i)
Home occupations, including bed and breakfasts and nurseries
j)
Additional Residential Unit(s) in accordance with Section 4.38
6.3
Zone Regulations
Z
O
N
E
USE OF LOT
MINIMUM LOT PROVISIONS
MINIMUM YARD SETBACK
PRIMARY PERMITTED USE
MINIMUM BLDG.
GROUND FLOOR
AREA
Frontage
(m)
Area
Max.
Coverage
Front
(m)
Interior
Side
(m)
Exterior
Side
(m)
Rear
(m)
1 Storey
2 Storey
A
Agricultural
45.0
36 ha
10%
30.0
7.5
30.0
30.0
N/A
Residential
45.0
2782.0 m2
35%
18.0
3.0
18.0
7.5
93.0 m2
55.0 m2
Footnote:
(a)
a primary dwelling in the Agricultural (A) Zone has the same requirement as a
primary dwelling in the R1 Zone of this by-law.
6.4
Special Provisions
6.4.1
A-1: Pt. Lot 30, Concession 6 and Pt. Lot 6, Concession 4 (98-35) and Pt. Lot 17,
Concession 7 (2000-3)
Concession 10, East Part Lot 17, 4580 County Road 21
Concession 10, West Part Lot 8, 5901 10th Line
Concession 10, East Part Lot 24, 7930 11th Line
Concession 10, West Part Lot 20, 4715 20th Sideroad
Concession 10, East Part Lot 22, 7634 11th Line
Concession 10, West Part Lot 17, Address not assigned
Concession 3, East Part Lot 10, 6567 10th Sideroad
Concession 8, West Part Lot 31, 5276 30th Sideroad (2013-83)
Concession 3, East Part Lot 4 (2017-36)
Concession 3, East Part Lot 5 (2017-36)
Concession 10, West Part lot 18 (2017-36)
Concession 8, East Part Lot 3 (2017-36)
37
Concession 7, East Part Lot 16 (2017-36)
Concession 2, Part Lot 11 (2018-75)
Concession 2, East Part Lot 5 (2018-75)
Concession 4, West Part Lot 11 (2018-75)
Concession 1, West Part Lot 16 (2018-75)
Concession 4, West Part Lot 3 (2018-75)
Concession 6, East Part Lot 28 (2019-13)
Concession 6, Part Lot 3 (2019-43)
Concession 7, Part Lot 9 (2019-43)
Concession 8, Part Lot 14 (2019-43)
Concession 10, Part Lot 22 (2019-43)
Concession 10, Part Lot 23 (2019-43)
Concession 4, Pt ½ Lot 5 (2020-23)
Concession 10, East Part Lot 12, 6404 11th Line (2023-57)
Concession 9, East Part Lot 2, 5204 10th Line (2023-58)
Concession 3, East Part Lot 9, 6030 County Road 10 (2023-72)
Concession 7, Part Lot 7, 5901 County Road 56 (2023-75)
Concession 9, West Part Lot 9, 7281 9th Line (2024-02)
Concession 5, East Part Lot 6, 5974 5th Sideroad (2026-12)
Notwithstanding the permitted uses of this Section, on those lands zoned "A-1" as shown
on Schedules "A" and "G", a dwelling unit is not a permitted use.
And furthermore, there shall be no tree planting or construction of buildings or structures
as defined in the County's Setback By-law, within 20 m of the current right-of-way of
County Road 10 or within 15 m of the limit of the property at 5572 County Road 10, and all
provisions of the County's Setback By-law shall apply to all lands listed above.
6.4.2
A-2: Granny Flats/Garden Suites
Pt. Lot 5, Concession 10 (98-62)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on July 8, 2008.
Pt. Lot 20, Concession 9 (99-74)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on December 1,
2009.
Pt. Lot 32, Concession 7 (2000-56)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on October 1,
2010.
E Pt. Lot 14, Concession 3, 6612 County Road 10 (2005-69)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on October 5,
2025.
N Pt. Lot 22, Concession 8, 7670 9th Line (2007-72)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on November 21,
2027.
W Pt. Lot 27, Concession 4, 8233 4th Line (2009-66)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
38
"A", a garden suite is a permitted use for a period of ten years, expiring on December 2,
2029.
E Pt. Lot 14, Concession 3, 5733 25th Sideroad (2010-34)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on May 19, 2030.
E Pt. Lot 26, Concession 4, 6280 25th Sideroad (2012-44)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on July 27, 2032.
S Pt. Lot 8, Concession 3, 5898 County Road 10 (2012-34)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on July, 2032.
Pt. Lot 7, Concession 11, 5851 11th Line (2015-93)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on December 16,
2035.
Pt. Lot 6, Concession 11, 5616 County Road 27 (2019-34)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on April 17, 2039.
6.4.3
A-3: Pt. Lot 18, Concession 5 (96-41) and Pt. Lot 6 Concession 11(92-30)
In addition to the permitted uses of this Section, a truck depot, associated office and
outside storage is permitted on those lands zoned as "A-3" on Schedule "A".
6.4.4
A-4: Pt. Lots 22, 23 and 24, Concession 4 (88-50) (Camp Hill)
Notwithstanding the permitted uses and zone regulations of this Section, on those lands
zoned as "A-4" on Schedule "A", the following shall apply:
6.4.4.1
Permitted Uses
a)
all agricultural uses;
b)
conservation uses, including forestry, reforestation and other activities connected
with the conservation of soil or wildlife;
c)
specialized family-centred accommodation wherein a maximum of 35
developmentally handicapped adults together with a maximum of 40 persons
made up of staff members, maintenance personnel, instructors, trainees and their
families, reside in a maximum of 7 individual dwellings which are licensed under
Provincial legislation;
d)
accessory buildings and structures; and
e)
a market garden and/or home occupation use.
6.4.4.2
Zone Regulations
Dimension Type
Standard
Maximum Ground Floor Area
(all buildings and structures)
5,000.0 m2
Maximum Building Height
10.0 m
Minimum Ground Floor Area
150.0 m2
39
(of each residential building)
All other provisions of the A Zone shall apply.
6.4.5
A-5: Pt. Lot 8, Concession 1
Notwithstanding the permitted uses of this Section, those lands zoned as "A-5" on
Schedule "A" may contain:
a)
A bed and breakfast establishment including 6 bedrooms for overnight stay, a theatre, banquet
room facilities, a dining room associated with the bed and breakfast business and a spa and salon
accessory to the bed and breakfast business all within the existing historic home which dates back to
1833;
b)
2 apartments;
c)
Dance and fitness classes as a home based business;
d)
Weddings and family milestone celebrations within the existing historic home or within a pavilion or
tent.
All of the above uses together should not create a combined occupant load, including staff,
of more than 225 persons at any one time.
6.4.6
A-6: Pt. Lot 18, Concession 4
Notwithstanding the permitted uses of this Section, those lands zoned as "A-6" on
Schedule "A" may be used to repair farm-related vehicles and equipment.
6.4.7
A-7: Pt. Lots 17 & 18, Concession 6
Notwithstanding the requirements of Section 4, on those lands zoned as "A-7" on
Schedule "A", frontage on a public street or highway is not required for the lot to meet the
criteria for a building lot.
6.4.8
A-8: Pt. Lot 8, Concession 3
In addition to the permitted uses of this Section, those lands zoned as "A-8" on Schedule
"A", potato farming equipment sales shall be permitted.
6.4.9
A-9: Lot 21, Concession 10
Notwithstanding the permitted uses, on those lands zoned as "A-9" on Schedule "A", the
following additional uses shall apply:
6.4.9.1
a)
an "Agricultural Society" as organized under the authority of the Ontario Agricultural
and Horticultural Organizations Act;
b)
in support of an Agricultural Society the following programs shall be permitted:
-
livestock/horse/poultry shows/competitions/sales
-
horticultural shows/competitions/sales
-
youth agricultural education programs & activities
-
agricultural awareness programs
-
agricultural shows
-
agricultural group meetings/conferences/banquets
-
demonstration/test/research crops
-
an annual fair including midway lasting five days each year
-
office space for agricultural associations
-
farmers market dedicated solely to locally grown/raised produce from
Simcoe County and the Bradford-Holland Marsh
-
short term historical re-enactments
c)
permanent/temporary buildings and structures related to the above permitted
uses.
6.4.10
A-10: Part Lot 5, Concession 2
Notwithstanding the provisions of the A Zone, on those lands zoned "A-10" as shown on
40
Schedule "A" of this By-law, the following provisions shall apply:
a)
Min. Front Yard Setback of 15 metres;
a)
Max. Accessory Structure Height of 20 metres to accommodate existing silos.
6.4.11
A-11: Part Lot 12, concession 4 (2016-44)
Shall permit a minimum lot area of 26 hectares (64 acres)
6.4.13
A-13: Part Lot 7, Concession 7 (2018-32)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, such
as those contained in Section 6, on those lands zone "A-13", as shown on Schedule "1"
of this By-law, the following provisions shall apply:
A dwelling unit for human habitation shall be prohibited, and the front yard setback
shall be 26 m.
6.4.14
A-14: Part Lot 22, Concession 9, 7634 10th Line, Thornton (2021-33)
In addition to the permitted uses of this Section, on those lands zoned A-14 on Schedule
A, and known as 7634 10th Line, a mobile home is a permitted use for a period of three (3)
years expiring July 22, 2024.
41
SECTION 7: RURAL (RL) ZONE
7.1
Within a Rural (RL) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of
this Section and also in accordance with the regulations contained in Subsection 3 of this
Section.
7.2
Permitted Uses
a)
Agricultural uses, including hobby farms, and riding stables
b)
Veterinary clinics and kennels
c)
Market garden where farm produce is sold
d)
Conservation uses
e)
Wayside pits & quarries
f)
Portable asphalt plant
g)
A residence on a lot defined in this By-law
h)
Accessory buildings to the above permitted uses
i)
Home occupations, including bed and breakfasts and nurseries
j)
Additional Residential Unit(s) in accordance with Section 4.38
7.3
Zone Regulations
Z
O
N
E
USE OF
LOT
MINIMUM LOT PROVISIONS
MINIMUM YARD SETBACK
PRIMARY PERMITTED USE
MINIMUM BLDG.
GROUND FLOOR
AREA
Frontage
(m)
Area
Max.
Coverage
Front
(m)
Interior
Side
(m)
Exterior
Side
(m)
Rea
r
(m)
1 Storey
2 Storey
R
L
Agricultural
45.0
36 ha
10%
30.0
7.5
30.0
30.0
N/A
Residential
45.0
2782.0 m2
35%
18.0
3.0
18.0
7.5
93.0 m2
55.0
m
2
7.4
Special Provisions
7.4.1
RL-1: West Part of Lot 21, Concession 9, 7511 9th Line, Ivy (2013-62)
To permit a dwelling on the lands.
7.4.2
RL-2: Granny Flats/Garden Suites
Pt. Lot 5, Concession 10 (98-62)
In addition to the permitted uses of this Section, on those lands zoned "A-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on July 8, 2008.
Part Lot 22, Concession 7, 7667 County Road 56, Utopia (2009-11)
In addition to the permitted uses of this Section, on those lands zoned "RL-2" on Schedule
"A", a garden suite is a permitted use for a period of ten years, expiring on February 18,
2029.
Part Lot 25, Concession 8, 7994 9th Line, Ivy (2019-35)
42
In addition to the permitted uses of this Section, on those lands zoned "RL-2 Zone" on
Schedule "A", and known as 7994 9th Line, a garden suite is a permitted use for a period of
twenty years expiring on April 17, 2039, at a distance of 2 metres from a property line.
7.4.3
East Part Lot 21, Concession 9 (7511 9th Line) Country Event Facility (2020-28)
Notwithstanding any provisions of this Zoning By-law, By-law No. 2003-50, to the
contrary, on those lands zoned "RL-2" on Schedule "A" of this By-law an on-farm
diversified use in the form of a Country Event Facility shall be permitted in addition to
all other uses permitted within a "RL" Zone subject to the following:
(1)
for the purposes of this subsection a Country Event Facility is defined as a
building designated in accordance with the Ontario Building Code to accommodate
group gatherings for wedding ceremonies, wedding receptions, wedding showers,
engagement parties, anniversaries, birthdays, family reunions, art shows, seminars,
debate forums and similar uses;
(2)
on those lands zoned "RL-2 Zone", the following special zoning regulations
shall apply:
-
Maximum building area - 350 m2
-
Minimum number of parking spaces - 70
-
Maximum number of events per operational season is in accordance with the
current Site Plan Control Agreement applicable to this property
-
Maximum cumulative number of persons permitted at one time - 230 (inclusive
of all persons related to an event)
-
Overnight accommodations, including camping, are prohibited in conjunction
with any permitted events
43
SECTION 8: GENERAL PROVISIONS FOR RESIDENTIAL ZONES
8.1
Accessory Buildings
a)
No accessory building shall be erected prior to the commencement of construction
of the permitted dwelling on the same lot.
b)
The regulations governing the location of any accessory building in relation to a lot
line shall not apply to prevent the erection or use of a jointly-owned double garage
which services two dwellings whose common lot line shall be the dividing line of
such garage.
d)
No accessory use, building or structure shall occupy more than 93.0 m2 of floor
area, nor exceed 4.5 m in height on any lot which is less than 1.0 ha in size; and
No accessory use, building or structure shall occupy more than 139.0 m2 of floor
area, nor exceed 6.0 m in height on any lot from 1.0 to 4.0 ha in size.
e)
The maximum lot coverage shall be 8% provided that the lot coverage of all
buildings on the lot does not exceed the maximum lot coverage for the primary
permitted use.
f)
An accessory building can be located in any front yard of a residential zone provided such building
is not located closer to any lot line or street line than the minimum distance required for the principal
building located on such lot or as stipulated in Section 4 of this By-law.
8.1.1
Regulations for Unenclosed Decks
a)
Unenclosed decks in the specified zones have a minimum interior side yard
setback of 1.5-metres, and a minimum rear yard setback of 5.0-metres. In the
instance an unenclosed deck is attached to a primary dwelling that is located
closer to the interior side yard lot line than 1.5-metres, the deck may be built in-line
with the existing setback of the primary dwelling. A deck may protrude into the
required front yard by 1.5m if it is for access to the front entrance, except in the
instance the property fronts onto a County Road.
b)
Detached Decks may be built in the instance they are attached to an above-
ground pool in accordance with Section 8.1.1.
8.1.2
Regulations for Enclosed Decks
a)
An enclosed deck shall be considered an addition to the primary residence and
shall conform to all relevant provisions of the primary residence such as but not
exclusive to lot coverage, setbacks, and maximum building height.
8.2
Parking Regulations
a)
No part of the required front yard of any lot, or the required side yard of a corner lot
abutting the flanking street shall be used for the temporary parking or storage of
any trailer or the body of any truck, bus, coach, or streetcar.
b)
Not more than 50% of the aggregate area of the side yards and rear yard of any lot
shall be occupied by parking spaces.
44
8.3
Regulations for Daylighting Triangles
All uses permitted in all residential zones located on a corner lot shall provide a daylighting
triangle of not less than 6.0 m.
8.4
Regulations for As-of-Right Setback Deviation
Notwithstanding any other provision of this By-law, a deviation of up to 10 per cent
from any numerical zoning requirement is allowed without needing special approval, as
long as it meets the general intent and purpose of this By-law.
This would not apply to a building or structure located:
a) In the Greenbelt Area
b) On land that us not a parcel of urban residential land
c) On land that is prescribed under subsection 41(1.2) of the Planning Act which
includes:
a. Land that will contain no more than 10 residential units, unless the parcel of
land includes any land in a prescribed area.
8.5
Provisions for Elementary and Secondary Schools
Notwithstanding any other provision of this By-law, nothing shall prohibit the use of
urban residential land for an elementary or secondary school operated by a school
board, or for any related uses, such as a childcare centre located within the school.
45
SECTION 9: RESIDENTIAL, LOW DENSITY, DETACHED (R1) ZONE
9.1
Within a Residential, Low Density, Detached (R1) Zone no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other than as
permitted in Subsection 2 of this Section and also in accordance with the regulations
contained in Subsection 3 of this Section.
9.2
Permitted Uses
Refer to Section 14.
9.3
Zone Regulations
Refer to Sections 4, 8 and 17.
9.4
Special Provisions
9.4.1
R1-1: Part of Lot 16, Concession 11
Notwithstanding the permitted uses of this Section, on those lands zoned as "R1-1" and
located in Part of Lot 16, Concession 11 on Schedule "C", the following shall apply:
a)
Only the storage of items accessory to a residential use is permitted.
9.4.2
R1-2: Lot 104, Plan 160A, Simcoe Street
Notwithstanding the permitted uses of this Section, on those lands zoned as "R1-2" and
located in Lot 104, Plan 160A, Simcoe Street, on Schedule "B", the following shall apply:
a)
To permit the construction of a single family dwelling at a distance of 5.0 m from
the top-of-bank.
9.4.19
R1-19: Part of Lots 29 and 30, Concession 4 (95-63), and Lot 28 Concession 2
Notwithstanding the permitted uses and zone regulations of this Section, on those lands
zoned as "R1-19" and located in Part of Lots 29 and 30, Concession 4 on Schedule "B",
the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
15.0 m
Corner Lot
18.0 m
Minimum Lot Area
Interior Lot
500.0 m2
Corner Lot
599.0 m2
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R1" Zone shall apply.
46
9.4.20
R1-20: Part of Lot 30, Concession 4 (95-63)
Notwithstanding the permitted uses and zone regulations of this Section, on those lands
zoned as "R1-20" and located in Part of Lot 30, Concession 4 on Schedule "B", the
following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
15.0 m
Corner Lot
18.0 m
Minimum Lot Area
Interior Lot
500.0 m2
Corner Lot
599.0 m2
Minimum Rear Yard
15.0 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R1" Zone shall apply.
9.4.22
R1-22: Part of Lot 31, Concession 3 (2001-71), Lot 31 Concession 4, and Lot 32
Concession 2
Notwithstanding the permitted uses and zone regulations of this Section, on those lands
zoned as "R1-22" and located in Part of Lot 31, Concession 3 on Schedule "B", the
following shall apply:
a)
Uncovered and unenclosed decks which are less than 0.6 m in height may
protrude into the rear yard setback and may exceed the maximum permitted lot
coverage.
b)
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
15.0 m
Corner Lot
18.0 m
Minimum Lot Area
Interior Lot
450.0 m2
Corner Lot
540.0 m2
Maximum Lot Coverage
40%
Minimum Rear Yard
7.5 m
Minimum Interior Side Yard
1.2 m
Minimum Exterior Side Yard
4.5 m
47
All other provisions of the "R1" Zone shall apply.
9.4.22/9.4.25 R1-22/R1-25: Part Lot 31, Concession 3 (2018-29) (SanDiego Homes)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, such as
those contained in Section 17 and already in 9.4.22 and 9.4.25, on those lands zoned "R1-
22" and "R1-25", as shown on Schedule "1" of this By-law, the following provisions shall
apply:
\
a) Steps are permitted to encroach into either the front or rear yard setback up to 1.5m;
b) Uncovered and unenclosed decks which are less than 2 m in height may protrude
into the rear yard setback and may exceed the maximum permitted lot coverage.
9.4.24
R1-24: Part of Lot 31, Concession 3 (2001-71)
Notwithstanding the permitted uses and zone regulations of this Section, on those lands
as "R1-24" and located in Part of Lot 31, Concession 3 on Schedule "B", the following shall
apply:
a)
Uncovered and unenclosed decks which are less than 0.6 m in height may
protrude into the rear yard setback and may exceed the maximum permitted lot
coverage.
Dimension Type
Standard
Minimum Lot Frontage
16.5 m
Minimum Lot Area
495.0 m2
Maximum Lot Coverage
40%
Minimum Rear Yard
7.5 m
Minimum Interior Side Yard
1.2 m
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R1" Zone shall apply.
Dimension Type
Standard
Minimum Front Yard
6.5m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
45%
48
9.4.25
R1-25: Pt. Lot 31, Concession 3 (2001-71)
Notwithstanding the regulations of Section 10.3, on those lands zoned as "R1-25" and
located in Part of Lot 31, Concession 3 on Schedule "B", the following regulations apply:
a)
Uncovered and unenclosed decks which are less than 0.6 m in height may
protrude into the rear yard setback and may exceed the maximum permitted lot
coverage.
Dimension Type
Standard
Minimum Lot Frontage
15.0 m
Minimum Lot Area
505.0 m2
Maximum Lot Coverage
40%
Minimum Front Yard
7.0 m
Minimum Interior Side Yard
8.0 m
Minimum Exterior Side Yard
1.2 m
Minimum Rear Yard
4.5 m
All other provisions of the "R1" Zone shall apply.
9.4.22/9.4.25 R1-22/R1-25: Part Lot 31, Concession 3 (2018-29) (SanDiego Homes)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, such as
those contained in Section 17 and already in 9.4.22 and 9.4.25, on those lands zoned "R1-
22" and "R1-25", as shown on Schedule "1" of this By-law, the following provisions shall
apply:
a)
Steps are permitted to encroach into either the front or rear yard setback up to
1.5m;
b)
Uncovered and unenclosed decks which are less than 2 m in height may protrude
into the rear yard setback and may exceed the maximum permitted lot coverage.
Uncovered and unenclosed decks which are less than 2 m in height may protrude into
the rear yard setback and may exceed the maximum permitted lot coverage.
Dimension Type
Standard
Minimum Front Yard
6.5m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
45%
49
9.4.26
R1-26: Pt. Lots 28 & 29, Concession 4 (2007-33)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R1-26" and located in Part of Lots 28 & 29, Concession 4 on Schedule "B", the
following regulations apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
15.0 m
Corner Lot
18.0 m
Minimum Lot Area
Interior Lot
450.0 m2
Corner Lot
540.0 m2
Minimum Rear Yard
7 m
Minimum Interior Side Yard
- Interior Lot
1.2 m
Minimum Exterior Side
Yard
- Corner Lot
4.5 m
Maximum Lot Coverage
45%
The minimum interior side yard and minimum exterior side yard requirements for a
detached accessory building shall be 1.2 m and 4.5 m, respectively.
An unenclosed deck attached to a dwelling unit and located in the rear yard may
project into the required rear yard setback a distance of not more than 3.5 m .
All other provisions of the "R1" Zone shall apply.
50
9.4.27
R1-27: Pt. Lots 28 & 29, Concession 4 (2007-33)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R1-27" and located in Part of Lots 28 & 29, Concession 4 on Schedule "B", the
following regulations apply:
The minimum interior side yard and minimum exterior side yard requirements for a
detached accessory building shall be 1.2 m and 4.5 m, respectively.
An unenclosed deck attached to a dwelling unit and located in the rear yard may
project into the required rear yard setback a distances of not more than 3.5 m.
All other provisions of the "R1" Zone shall apply.
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
12.0 m
Corner Lot
15.0 m
Minimum Lot Area
Interior Lot
360.0 m2
Corner Lot
450.0 m2
Minimum Rear Yard
7 m
Minimum Interior Side Yard
- Interior Lot
1.2 m
Minimum Exterior Side
Yard
- Corner Lot
4.5 m
Maximum Lot Coverage
45%
51
9.4.28
R1-28: Pt. of Lot 31, Concession 4 (2009-30)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R1-28" and located in Part of Lot 31, Concession 4 on Schedule "B", the
following regulations apply:
Note 1: The minimum interior side yard and minimum exterior side yard requirements
for a detached accessory building shall be 1.2 m and 3.0 m, respectively.
Note 2: An unenclosed deck attached to a dwelling unit and located in the rear yard
may project into the required rear yard setback a distance of not more than 3.5 m and
may exceed the maximum permitted lot coverage, provided the deck is not more than
1.8 m above the finished grade.
All other provisions of the "R1" Zone shall apply.
Note: That Section 4.26, Setbacks from Streams and Watercourses, shall not apply to
this property.
Note: That Section 8.3, Regulations for Daylighting Triangles, shall be amended such
that 5.0 m shall be required for all lots except those abutting Centre Street which will be
required to have 10.0 m daylighting triangles.
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
12.0 m
Corner Lot
15.0 m
Minimum Lot Area
Interior Lot
400.0 m2
Corner Lot
500.0 m2
Minimum Rear Yard
7 m
Minimum Interior Side Yard
1.2 m* may be reduced
to 0.6 m where the
abutting lot contains a
setback of 1.2 m
provided that there is no
fencing constructed
between the lots
Minimum Exterior Side
Yard
- Corner Lot
4.5 m
Maximum Lot Coverage
40%
52
9.4.29
R1-29: Pt. Lot 31, Concession 4 (2009-30)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R1-29" and located in Part of Lot 31, Concession 4 on Schedule "B", the
following regulations apply:
Note 1: The minimum interior side yard and minimum exterior side yard requirements
for a detached accessory building shall be 1.2 m and 3.0 m, respectively.
Note 2: An unenclosed deck attached to a dwelling unit and located in the rear yard
may project into the required rear yard setback a distance of not more than 3.5 m and
may exceed the maximum permitted lot coverage, provided the deck is not more than
1.8 m above the finished grade.
All other provisions of the "R1" Zone shall apply.
Note: That Section 4.26, Setbacks from Streams and Watercourses, shall not apply to
this property.
Note: That Section 8.3, Regulations for Daylighting Triangles, shall be amended such
that 5.0 m shall be required for all lots except those abutting Centre Street which will be
required to have 10.0 m dayligting triangles.
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
15.0 m
Corner Lot
18.0 m
Minimum Lot Area
Interior Lot
500.0 m2
Corner Lot
600.0 m2
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
- Interior Lot
1.2 m* may be reduced to
0.6 m where the abutting
lot contains a setback of
1.2 m provided that there
is no fencing constructed
between the lots
Minimum Exterior Side
Yard
- Corner Lot
4.5 m
Maximum Lot Coverage
40%
53
9.4.33
R1-33: W. Part Lot 30, Concession 6 (2016-43)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as Section 16,
on those lands zoned "R1-33" as shown on Schedule "1" of this By-law, the following
provision shall apply:
i.
The minimum lot area required is 1140 m2;
ii.
The minimum front yard required for a dwelling unit is 6.22 m;
iii.
No structures, obstructions, obstacles or vegetation such as but not limited to
trees, shrubbery, flowers, plantings, or landscaping works greater in height than
0.45 m, shall be placed within a 6 m x 6 m daylighting triangle at the southwest
corner of the property known as 8671 Old Mill Road.
9.4.34
R1-34: East Part Lot 15, Concession 4, 75 Denney Drive (2017-35)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as Section 17, on
those lands zoned "R1-34" as shown on Schedule "1" of this By-law, the following
provisions shall apply:
i.
Lot area 895 m2 (9650 ft2);
ii.
Front yard setback 4.5 m;
iii.
Exterior side yard setback 0.5 m; and
iv.
Interior side yard setback 0.5 m.
9.4.35
R1-35: Part Lot 14, Concession 11, 6648 County Road 27 (2017-46)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as Section 17,
on those lands zoned "R1-35" as shown on Schedule "1" of this By-law, the following
provisions shall apply: the minimum rear yard setback shall be 9 metres.
54
9.4.36
R1-36: Part Lot 16, Concession 4 (By-law No. 2018-43)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as those
contained in Section 17, on those lands zoned "R1-36" as shown on Schedule "1" of this
By-law, the following provisions shall apply:
i)
Notwithstanding the provisions of Section 4.31, covered porches, porticos, decks and
steps are permitted to encroach into the front or rear yard setback up to 2 m.
ii) Uncovered and enclosed decks which are less than 1.5 m in height may protrude into the
rear yard setback and may exceed the maximum permitted lot coverage.
9.4.37
R1-37: Part Lot 16, Concession 4 (By-law No. 2018-43)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as those
contained in Section 17, on those lands zoned "R1-37" as shown on Schedule "1" of this
By-law, the following provisions shall apply:
i)
Notwithstanding the provisions of Section 4.31, covered porches, porticos, decks and
steps are permitted to encroach into the front or rear yard setback up to 2 m.
ii) Uncovered and enclosed decks which are less than 1 m in height may protrude into the
rear yard setback and may exceed the maximum permitted lot coverage.
iii) Retaining walls abutting existing residential properties shall be setback a minimum of 1 m
from a common lot line and an additional 1 m for every 1 m of wall height.
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot/ Corner
12 m / 15 m
Minimum Lot Area
Interior Lot/ Corner
410 m² / 495 m²
Minimum Rear Yard
7.5 m
Minimum Interior Side Yard
1.2 m
Minimum Exterior Side Yard
4 m
Maximum Lot Coverage
40%
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot/ Corner
12 m / 15 m
Minimum Lot Area
Interior Lot/ Corner
410 m² / 495 m²
Minimum Rear Yard
10.5 m
Minimum Interior Side Yard
1.2 m
Minimum Exterior Side Yard
4 m
Maximum Lot Coverage
40%
55
9.4.38
R1-38: Part Lot 16, Concession 4 (By-law No. 2018-43)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as those
contained in Section 17, on those lands zoned "R1-38" as shown on Schedule "1" of this
By-law, the following provisions shall apply:
i)
Uncovered and enclosed decks which are less than 1 m in height may protrude into the
rear yard setback and may exceed the maximum permitted lot coverage.
ii) Retaining walls abutting existing residential properties shall be setback a minimum of 1 m
from a common lot line and an additional 1 m for every 1 m of wall height.
9.4.39
R1-39: Part Lot 31, Concession 4 (By-law No. 2019-23 / Briarwood)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, on those
lands zoned "R1-39", as shown on Schedule "1" of this By-law, the following provisions
shall apply:
Dimension Type
Standard
Minimum Lot Frontage
26 m
Minimum Lot Area
2000 m²
Minimum Front Yard
20 m
Minimum Rear Yard
15.5 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4 m
Maximum Lot Coverage
40%
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot/ Corner
12 m / 15 m
Minimum Lot Area
Interior Lot/ Corner
400 m² / 500 m²
Minimum Rear Yard
7 m
Minimum Interior Side Yard
1.2 m may be reduced
to 0.6 m where the
abutting lot contains a
setback of 1.2 m
provided that there is
no fencing
constructed between
the lots
Minimum Exterior Side Yard
4.5 m
Maximum Lot Coverage
45%
Unenclosed Rear Decks Projection - Rear Yard
3.5 m excluded from
lot coverage
Rear Deck Steps Projection - Rear Yard
1 m excluded from lot
coverage
Exterior Stair Projection - Rear Yard (Walk-up Bsmt)
1.8 m
56
9.4.40
R1-40: Part Lot 31, Concession 4 (By-law No. 2019-23 / Briarwood)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, on those
lands zoned "R1-40", as shown on Schedule "1" of this By-law, the following provisions
shall apply:
9.4.41
R1-41: Plan 199, Lot 3 & 4, Part Lot 5, 231 Barrie Street (By-law No. 2023-56)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, on those
lands zoned "R1-41", as shown on Schedule "1" of this By-law, the following provisions
shall apply:
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
9.4.42
R1-42: Concession 11 N Part Lot 15, 253 Barrie Street (2025-02)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, on those
lands zoned "R1-42", as shown on Schedule "1" of this By-law, the following provisions
shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot/ Corner
12 m / 15 m
Minimum Lot Area
Interior Lot/ Corner
400 m² / 500 m²
Minimum Rear Yard
7 m
Minimum Interior Side Yard
1.2 m may be reduced
to 0.6 m where the
abutting lot contains a
setback of 1.2 m
provided that there is
no fencing
constructed between
the lots
Minimum Exterior Side Yard
4.5 m
Maximum Lot Coverage
40%
Unenclosed Rear Decks Projection - Rear Yard
3.5 m excluded from
lot coverage
Rear Deck Steps Projection - Rear Yard
1 m excluded from lot
coverage
Exterior Stair Projection - Rear Yard (Walk-up Bsmt)
1.8 m
Dimension Type
Required
Minimum Lot Area
Interior Lot/ Corner
850.0 m²
Minimum Front Yard
Setback (dwelling)
0.0 m²
Minimum Rear Yard
Setback (accessory
building/structure)
0.0 m²
57
a)
That a Real Estate Office only be allowed to exist on the first floor of the existing single-family
dwelling.
b)
That the Real Estate Office allows a maximum of five (5) on-site employees.
c)
That no part of the existing residential building be rented while the temporary use is in effect.
d)
That the Real Estate Office is subject to annual inspections by the Building and Fire Departments.
e)
The By-law comes into effect on the day of passing and the use shall be terminated no later than
three (3) years from this date of passing, making the expiry date January 15th, 2028.
58
SECTION 10: RESIDENTIAL, LOW DENSITY, SEMI-DETACHED (R2) ZONE
10.1
Within a Residential, Low Density, Semi-Detached (R2) Zone no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Subsection 2 of this Section and also in accordance with the regulations
contained in Subsection 3 of this Section.
10.2
Permitted Uses
Refer to Section 14.
10.3
Zone Regulations
Refer to Sections 4, 8 and 17.
10.4
Special Provisions
R2-2: Part Lot 24, Plan 1330 (2015-77)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as Section 16, on
those lands zoned "R2-2" as shown on Schedule "1" of this By-law, the following
provisions shall apply:
i.
The minimum area required for a dwelling unit is 82 m2.
10.4.3
R2-3: Part Lots 29 and 30, Concession 4 (95-63)
Notwithstanding the zone permitted uses and regulations of this Section, on those lands
zoned "R2-3" and located in Part of Lots 29 and 30, Concession 4 on Schedule "B", the
following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
9.0 m
Exterior Lot
11.0 m
Minimum Lot Area
Interior Lot
330.0 m2
Exterior Lot
365.0 m2
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R2" Zone apply.
59
10.4.4
R2-4: Part of Lot 30, Concession 4 (95-63)
Notwithstanding the zone regulations of this Section, on those lands zoned "R2-4" and
located in Part of Lot 30, Concession 4 on Schedule "B", the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
9.0 m
Exterior Lot
11.0 m
Minimum Lot Area
Interior Lot
330.0 m2
Exterior Lot
365.0 m2
Minimum Rear Yard
15.0 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R2" Zone shall apply.
10.4.5
R2-5: Part of Lot 31, Concession 3 (2001-71), and Lot 31 Concession 4
Notwithstanding the zone permitted uses and regulations of this Section, on those lands
zoned as "R2-5" and located in Part of Lot 31, Concession 3 on Schedule "B", the
following shall apply:
b)
Uncovered and unenclosed decks which are less than 0.6 m in height may protrude into the rear
yard setback and may exceed the maximum permitted lot coverage.
b)
There is to be no fencing between structures which are less than 2.4 m apart.
Dimension Type
Standard
Minimum Lot Frontage
9.0 m
Minimum Lot Area
270.0 m2
Minimum Lot Coverage
50%
Minimum Rear Yard
7.5 m
Minimum Interior Side Yard
1.2 m however this may be reduced to 0.6m
where abutting a lot with a setback of 1.2 m.
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R2" Zone shall apply.
10.4.5/10.4.6 R2-5/R2-6: Part Lot 31, Concession 3 (2018-29) (SanDiego Homes)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, such as
those contained in Section 17 and already in 10.4.5 and 10.4.6, on those lands zoned "R2-
5" and "R2-6", as shown on Schedule "1" of this By-law, the following provisions shall
apply:
60
a) Steps are permitted to encroach into either the front or rear yard setback up to 1.5m;
b) Uncovered and unenclosed decks which are less than 2 m in height may protrude into the
rear yard setback and may exceed the maximum permitted lot coverage.
10.4.6
R2-6: Part of Lot 31, Concession 3 (2001-71)
Notwithstanding the zone permitted uses and regulations of Sections, on those lands
zoned as "R2-6" and located in Part of Lot 31, Concession 3 on Schedule "B", the
following shall apply:
a)
Uncovered and unenclosed decks which are less than 0.6 m in height may
protrude into the rear yard setback and may exceed the maximum permitted lot
coverage.
b)
There is to be no fencing between structures which are less than 2.4 m apart.
Dimension Type
Standard
Minimum Lot Frontage
9.0 m
Minimum Lot Area
300.0 m2
Minimum Lot Coverage
50%
Minimum Front Yard
7.0 m
Minimum Rear Yard
8.0 m
Minimum Interior Side Yard
1.2 m however this may be reduced to 0.6 m
where abutting a lot with a setback of 1.2 m.
Minimum Exterior Side Yard
4.5 m
All other provisions of the "R2" Zone shall apply.
10.4.5/10.4.6 R2-5/R2-6: Part Lot 31, Concession 3 (2018-29) (SanDiego Homes)
Notwithstanding any provisions of By-law 2003-50 as amended, to the contrary, such as
those contained in Section 17 and already in 10.4.5 and 10.4.6, on those lands zoned "R2-
5" and "R2-6", as shown on Schedule "1" of this By-law, the following provisions shall
apply:
a) Steps are permitted to encroach into either the front or rear yard setback up to 1.5m;
Dimension Type
Standard
Minimum Front Yard
6.5m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
45%
Dimension Type
Standard
Minimum Front Yard
6.5m
Minimum Rear Yard
7.5m
Maximum Lot Coverage
45%
61
b) Uncovered and unenclosed decks which are less than 2 m in height may protrude into the
rear yard setback and may exceed the maximum permitted lot coverage.
10.4.7
R2-7: Part of Lots 28 & 29, Concession 4 (2008-41) (Brownley Meadows)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R2-7" Zone and located in Part of Lots 28 & 29, Concession 4 on Schedule "B",
the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
9.0 m
Corner Lot
12.0 m
Minimum Lot Area
Interior Lot
270.0 m2
Corner Lot
360.0 m2
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
1.2 m
Minimum Exterior Side Yard
4.5 m
Maximum Lot Coverage
45%
The minimum garage width shall be 3.75 m where a semi-detached dwelling is erected
on a lot that is or will be serviced by a sidewalk as determined by the subdivision
engineering plans approved by the Township. On a lot where a sidewalk is not
required, there shall be no minimum width requirement.
The minimum interior side yard and minimum exterior side yard requirements for a
detached accessory building shall be 1.2 m and 4.5 m, respectively.
An unenclosed deck attached to a dwelling unit and located in the rear yard may project
into the required rear yard setback a distance of not more than 3.5 m.
All other provisions of the "R2" Zone shall apply.
62
10.4.8
R2-8: Lots 28-42, Plan M-844, Phase 4, Nottawasaga Village (2012-05)
Notwithstanding the zone permitted uses and regulations of Sections, on those lands
zoned as "R2-7", the following shall apply:
Dimension Type
Standard
Minimum Front Yard
7.0 m
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
1.5 m
Minimum Exterior Side Yard
4.5 m
Maximum Lot Coverage
42%
10.4.9
R2-9: Block 12, Plan M-784, Nottawasaga Village (2014-62)
Notwithstanding the zone permitted uses and regulations of this Section, on those lands
zoned "R2-9" and located in Block 12, M-784, the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
9.0 m
Corner Lot
11.0 m
Minimum Lot Area
Interior Lot
330.0 m2
Corner Lot
365.0 m2
Minimum Front Yard
7.5 m
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard
1.2 m
Minimum Interior Side Yard -
Link Units
0.0 m
Minimum Exterior Side Yard
4.5 m
Maximum Lot Coverage
45%
An unenclosed deck attached to a dwelling unit and located in the rear year may
project into the required rear yard setback a distance of not more than 3.5 m.
All other provisions of the R2 Zone apply.
10.4.10
R2-10: Plan 160A PT LOT 248, 62 Centre Street (2022-27)
Notwithstanding any provisions of this Zoning By-Law No. 2003-50 to the contrary on
those lands zoned "R2-10" on Schedule "A" of this By-law, residential uses on lands
zoned "Residential, Low Density, Semi-Detached Exception (R2-10)" shall be permitted
subject to the following provisions:
-
Minimum Lot Area with Full Municipal Services: 370 m2
-
Minimum Lot Frontage with Full Municipal Services: 8 m
63
All other provisions of the "R2" Zone shall apply.
10.4.11
R2-11: Plan 51M1129 LOT 60, 59 Centre Street (2023-21)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "Residential, Low Density, Semi-Detached Exception (R2-11)"
shall be permitted subject to the following provisions:
-
Minimum Lot Area - 306 m2
-
Minimum Lot Frontage - 10 m
-
Lot Coverage - 39%
-
Minimum Interior Side Yard - Garage Side - 0.6 m
-
Minimum Rear Yard - 7.5 m
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
10.4.12
R2-12: PT LT 30 CON 3 ESSA AS IN RO394415, 96 King Street (2023-36)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "Residential, Low Density, Semi-Detached Exception (R2-11)"
shall be permitted subject to the following provisions:
-
Minimum Exterior Side Yard - 0 m
-
Minimum Rear Yard - 0.5 m
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
10.4.13
R2-13: PLAN 160A LOT 232, 125 Sydenham Street (2023-35)
Notwithstanding the provisions as set out in the Zoning By-law 2003-50, Section 10:
Residential, Low Density, Semi-Detached (R2) Zone, the following provisions shall be
permitted on lands zoned as R2-13:
-
Minimum Lot Frontage - 1 0.0m.
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
10.4.14
R2-14: PT LT 30 CON 3 ESSA AS IN RO394415, 96 King Street (2023-36)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "Residential, Low Density, Semi-Detached Exception (R2-12)"
shall be permitted subject to the following provisions:
-
Minimum Gross Floor Area - 75 m2
-
Minimum Rear Yard - 7 m
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
10.4.15
R2-15: Plan 119, Lot 3 & 4, Part Lot 5, 231 Barrie Street (2023-56)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "Residential, Low Density, Semi-Detached Exception (R2-15)"
shall be permitted subject to the following provisions:
64
Dimension Type
Standard
Minimum Lot Area
Interior Lot/Corner
650.0 m²
Minimum Lot Frontage
Interior Lot/Corner
18.0 m
Minimum Setbacks
Minimum Interior Side Yard
(detached building/structure)
1.4 m
Minimum Rear Yard (detached
building/structure)
0.0 m
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
65
SECTION 11: RESIDENTIAL, MEDIUM DENSITY, TOWNHOME (R3) ZONE
11.1
Within a Residential, Medium Density, Townhome (R3) Zone no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Subsection 2 of this Section and also in accordance with the regulations
contained in Subsection 3 of this Section.
11.2
Permitted Uses
Refer to Section 14.
11.3
Zone Regulations
Refer to Sections 4, 8 and 17.
11.4
Special Provisions
Notwithstanding the definition of townhouse provided in Section 3, no more than 8
townhouse dwellings shall be constructed in a row.
11.4.1
R3-1: Part of the West Half of Lot 29, Concession 3, Part Lots 14 and 15 of Plan
160A, Part 7 of 51R-33496, 66 Margaret Street (2017-50)
Notwithstanding any provisions of By-law 2003-50 to the contrary, on those lands zoned
"R3-1" as shown on Schedule "1" of this By-law, the following provisions shall apply:
Building Permits for 6 townhouse units shall be issued for lands that do not contain
frontage on a public street or road.
11.4.6
R3-6: Part of Lot 31, Concession 3 (2001-71)
Notwithstanding the zone permitted uses and Regulation of Sections 12.2 and 12.3
respectively, on those lands zoned as "R3-6" and located i n Part of Lot 31, Concession 3
on Schedule "B", the following shall apply:
a)
Uncovered and unenclosed decks which are less than 0.6 m in height may
protrude into the rear yard setback and may exceed the maximum permitted lot
coverage.
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
6.0 m
End Lot Interior
7.5 m
End Lot Exterior
9.0 m
Minimum Lot Area
Interior Lot
180.0 m2
End Lot Interior
225.0 m2
End Lot Exterior
270.0 m2
Minimum Lot Coverage
50%
Maximum Height
10.5 m
Minimum Rear Yard
7.5 m
Minimum Interior Side Yard
The minimum interior side yard setback on end
units on lots abutting existing residential lots
66
which face Centre Street shall be 7.7 m.
All other provisions of the "R3" Zone shall apply.
67
11.4.7
R3-7: Part of Lots 28 & 29, Concession 4 (2008-42)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R3-7" Zone and located in Part of Lots 28 & 29, Concession 4 on Schedule "B",
the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
6.0 m
End Lot Interior
7.5 m
End Lot Exterior
9.0 m
Minimum Lot Area
Interior Lot
180.0 m2
End Lot Interior
225.0 m2
End Lot Exterior
270.0 m2
Maximum Height
10.5 m
Minimum Front Yard
7.5 m except that garage must be 11 m
Minimum Exterior Side
Yard - Corner Lot
4.5 m
Minimum Interior Side
Yard - End Lot
1.2 m
Minimum Rear Yard
7 m
Maximum Lot Coverage
50%
The minimum exterior side yard for an accessory building on a corner lot shall be 4.5 m
and the minimum interior side yard requirements for an end lot shall be 1.2 m.
An unenclosed deck attached to a dwelling unit and located in the rear yard may
project into the required rear yard setback a distance of not more than 3.5 m.
All other provisions of the "R3" Zone shall apply.
68
11.4.8
R3-8: Part of Lot 30, Concession 4 (Aramis/ATF Investments)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R3-8" Zone and located in Part of Lot 30, Concession 4 on Schedule "B", the
following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
5.2 m
End Lot, Interior
6.0 m
End Lot, Exterior
8.5 m
Minimum Rear Yard
7.0 m
Minimum Interior Side Yard - End Lot
1.2 m
Minimum Exterior Side Yard - End Lot
4.0 m
Minimum Setback from the Rail Corridor
15.0 m - this shall apply to dwelling
units only
Maximum Lot Coverage
45%
R3-8 (a):
This consists of a 7.0 m wide Tree Preservation Area. Within the Tree Preservation Area,
no dwelling or structure may be placed or constructed, and no trees may be removed
without the written approval of the Township of Essa. For the purpose of this section,
"tree" shall refer to any tree that is in excess of 10 cm in diameter at "breast height" or
roughly 137 cm from the ground.
R3-8 (b):
This Zone is comprised of townhouse blocks known as "Blocks 12 and 13" on an
unregistered Plan of Subdivision and wherein notwithstanding the permitted uses and
zone regulations of this section, on those lands zoned as R3-8 (b) Zone and located in
Part of Lot 30, Concession 4 on Schedule "B" the following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
5.2 m
End Lot Interior
6.0 m
End Lot Exterior
8.5 m
Minimum Rear Yard for dwelling unit only
7.0 m
Minimum Interior Side Yard - End Lot
1.2 m
Minimum Exterior Side Yard - Corner Lot
4.0 m
Minimum Rear Yard for decks and
accessory structures
1.5 m
Maximum Lot Coverage
55%
All other provisions of the "R3" Zone shall apply.
69
11.4.9
R3-9: E Part of Lot 30, Concession 4 (2016-61) (400 Centre Street)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as "R3-9" Zone and located in Concession 4, E Part Lot 30, on Schedule "B", the
following shall apply:
Dimension Type
Standard
Minimum Lot Frontage
Interior Lot
5.2 m
End Lot Interior
6.0 m
End Lot Exterior
10.0 m
Minimum Lot Area
Interior Lot
156.0 m2
End Lot Interior
230.0 m2
End Lot Exterior
200.0 m2
Maximum Height
10.5 m
Minimum Front Yard
7.5 m
Minimum Exterior Side
Yard - Corner Lot
4.0 m
Minimum Interior Side
Yard - End Lot
2.0 m
Minimum Rear Yard
7.5 m
Maximum Lot Coverage
50%
Accessory Buildings: The minimum exterior side yard for an accessory building on a
corner lot shall be 4.0 m and the minimum interior side yard requirements for an end lot
shall be 1.2 m.
An unenclosed deck attached to a dwelling unit and located in the rear yard may
project into the required rear yard setback a distance of not more than 3.5 m.
All other provisions of the "R3" Zone shall apply.
11.4.10
R3-10: Part of Lot 20, Concession 1, Lots 14 and 15, Registered Plan 1425
(2022-15)
Notwithstanding any provisions of this Zoning By-Law No. 2003-50 to the contrary
on those lands zoned "R3-10" on Schedule "A" of this By-law, residential uses on
lands zoned "Residential, Medium Density, Townhome Exception (R3-10)" shall be
permitted the following provisions on those lands zones "R3-10" the following
special zoning regulations shall apply:
-
Minimum Corner Lot Area with Full Municipal Services: 250m2
-
Minimum Corner Lot Frontage with Full Municipal Services: 9.7m
-
Minimum Front Yard Setback: 6.6m
-
Minimum Exterior Side Yard Setback: 1.7m
-
Maximum Corner Lot Coverage: 36%
70
All other provisions of the "R3" Zone shall apply.
11.4.11
R3-11: Lots 2 to 4, and 5, Plan 160A (2024-15)
Notwithstanding the permitted uses and zone regulations of this section, on those
lands zoned as "R3-11" Zone and located in Lots 2 to 4, and 5, Plan 160A on Schedule
"B", the following shall apply:
Dimension Type
Standard
Maximum Building Height
14.5 m
Minimum Front Yard Setback
5.0 m
Minimum Rear Yard Setback
2.0 m
a)
That a Back-to-Back Townhouse is permitted use:
b)
Back-to-Back Townhouse
means a building containing four or more dwelling units divided vertically above
a below grade by a common wall, including a rear common wall.
All other provisions of the "R3" Zone shall apply.
11.4.12
R3-12: Lots 2 to 4, and 5, Plan 160A (2024-15)
Notwithstanding the permitted uses and zone regulations of this section, on those
lands zoned as "R3-12" Zone and located in Lots 2 to 4, and 5, Plan 160A on Schedule
"B", the following shall apply:
Dimension Type
Standard
Minimum Rear Yard Setback
3.0 m
All other provisions of the "R3" Zone shall apply.
11.4.13
R3-13: Lots 2 to 4, and 5, Plan 160A (2024-15)
Notwithstanding the permitted uses and zone regulations of this section, on those
lands zoned as "R3-12" Zone and located in Lots 2 to 4, and 5, Plan 160A on Schedule
"B", the following shall apply:
Dimension Type
Standard
Minimum Rear Yard Setback
6.0 m
a)
That a 'Stacked Townhouse' is a permitted use.
All other provisions of the "R3" Zone shall apply.
71
SECTION 12: RESIDENTIAL, MEDIUM DENSITY, MULTI-UNIT (R4) ZONE
12.1
Within a Residential, Medium Density, Multi-Unit (R4) Zone no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other than as
permitted in Subsection 2 of this Section and also in accordance with the regulations
contained in Subsection 3 of this Section.
12.2
Permitted Uses
Refer to Section 14.
12.3
Zone Regulations
a)
Refer to Sections 4, 8 and 17.
b)
Lot Area Minimum
Group Housing: the sum of the areas required for each dwelling unit.
Type of Dwelling Unit
Minimum Area
With Only One Wall Attached to an Adjoining Unit
445.0 m2
With Two Walls Attached to Adjoining Units
220.0 m2
All other provisions of the "R4" Zone shall apply.
72
SECTION 13: RESIDENTIAL, HIGH DENSITY, APARTMENTS (R5) ZONE
13.1
Within a Residential, High Density, Apartments (R5) Zone no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other than as
permitted in Subsection 2 of this Section and also in accordance with the regulations
contained in Subsection 3 of this Section.
13.2
Permitted Uses
Refer to Section 14.
13.3
Zone Regulations
a)
Refer to Sections 4, 8 and 17.
b)
Minimum Unit Size
Dwelling Unit Types
Minimum Gross Floor
Bachelor Apartment
40.0 m2
1 Bedroom Apartment
50.0 m2
2 Bedroom Apartment
70.0 m2
3 Bedroom Apartment
90.0 m2
All other provisions of the "R5" Zone shall apply.
13.4
Special Provisions
13.4.1
R5-1: Plan 1333 Lot 22, 56 River Drive (2023-34)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "'Residential, High Density, Apartments Exception (R5-1)" shall
be permitted subject to the following provisions:
-
Minimum Exterior Side Yard - 6.1 m
-
Minimum Lot Frontage - 24.2 m
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
13.4.2
R5-2: Concession 3, West Part Lot 29, 34 Mill Street (2023-45)
Notwithstanding any provisions as set out in Zoning By-Law No. 2003-50, residential
uses on lands zoned "'Residential, High Density, Apartments Exception (R5-1)" shall
be permitted subject to the following provisions:
Permitted Uses:
-
Block/Cluster Townhouse
-
Back to Back Townhouse
A Back to Back townhouse is defined as: shall mean a building containing four or more
dwelling units divided vertically above and below grade by a common wall, including a
rear common wall.
73
Dimension Type
Standard
Minimum Lot Area
Interior Lot/Corner
800.0 m²
Minimum Setbacks
Minimum Front Yard
4.5 m
Minimum Exterior Side Yard
3.23 m
Minimum Rear Yard
5.0 m (interior)/
2.9 m (exterior/corner)
Maximum Lot Coverage
Interior Lot/Corner
92%
Footnotes:
(a)
The minimum parking stall size shall be 2.61 m x 6.0 m (covered
parking - 90 degree)
(b)
The minimum daylighting triangle shall be 3.0 meters.
All other provisions of the "R5" Zone shall apply.
74
SECTION 14: PERMITTED USES FOR RESIDENTIAL ZONES
Permitted Uses
R1 Zone
R2 Zone
R3 Zone
R4 Zone
R5 Zone
Detached Dwelling
Semi-Detached Dwelling
Link Housing
Duplex
Multi-Unit Dwelling
(a)
(b)
(c)
Townhouses
(b)
(c)
Apartment
Group Homes
Nursing Home or home for the aged
Accessory buildings or structures
subsidiary to any of the above
Home Occupations
Additional Residential
Unit(s) in accordance with Section
4.38
(d)
Footnotes:
(a) A Multi-Unit Dwelling in the R3 zone shall have a maximum of three (3) units, not
including Additional Residential Units.
(b) A Multi-Unit Dwelling or Townhouse in the R4 zone shall have a minimum of four (4)
units.
(c) A Multi-Unit Dwelling or Townhouse in the R5 zone shall have a minimum of five (5)
units.
(d) An Additional Residential Unit may be permitted in the R5 zone where a
Townhouse/Rowhouse exists.
75
76
SECTION 15: ESTATE RESIDENTIAL (RS1) ZONE
15.1
Within an Estate Residential (RS1) Zone no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
Subsection 2 of this Section and also in accordance with the regulations contained in
Subsection 3 of this Section.
15.2
Permitted Uses
a)
A detached dwelling and any accessory buildings or structures; and
b)
A home occupation
c)
Additional Residential Unit(s) in accordance with Section 4.38
15.3
Zone Regulations
a)
Refer to Sections 4, 8 and 17.
b)
Minimum ground floor area for a one storey dwelling shall be 140.0 m2. Minimum
ground floor area for a 2 storey dwelling shall be 100.0 m2.
15.4
Special Provisions (Part Lot 10, Concession 10, Bryan Estates, Egbert) (2010-42)
15.4.1
a)
notwithstanding any provisions of Bylaw 2003-50 to the contrary, the following
provisions, in addition to any other provisions pertaining to the Estate Residential
(RS1) Zone shall apply to those lands zoned Estate Residential (RS1-1) Zone:
i.
The minimum front yard setback shall be 14 metres.
ii.
The minimum rear yard setback shall be 10 metres.
15.4.2
RS1-2: Pt. Lot 10, Concession 10 (Egbert Estates) (2015-62)
Notwithstanding any provisions of By-law 2003-50 to the contrary, such as Section 8.1 (d),
on those lands zoned "RS1-2" as shown on Schedule "1" of this By-law, the following
provisions shall apply:
i.
The min. lot frontage required is 20 metres; and
ii.
The max. size of accessory structure permitted is 170 square metres with a height
of 7 metres to accommodate an existing shop which may store personal items and
equipment owned by the residents of the home also on 4585 10th Sideroad.
77
SECTION 16: MOBILE HOME RESIDENTIAL (RS2) ZONE
16.1
Within a Mobile Home Residential (RS2) Zone no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
Subsection 2 of this Section and also in accordance with the regulations contained in
Subsection 3 of this Section.
16.2
Permitted Uses
a)
A mobile home located on a site within a mobile home park as defined in Section 3
of this By-law; and
b)
A park, playground, community centre, laundromat, convenience retail store or
personal service shop intended primarily for the use of the residents of the mobile
home park.
16.3
Zone Regulations
a)
Refer to Sections 4, 8 and 17.
78
SECTION 17: RESIDENTIAL ZONE REGULATIONS
Z
O
N
E
L
O
T
T
Y
P
E
MINIMUM LOT
AREA/UNIT
MINIMUM LOT
FRONTAGE/UNIT
MINIMUM LOT
REQUIREMENTS
MIN
GFA
(m2)
MAX
BLDG
HGT
(m2)
MAX
LOT
CVG
(m2)
MINIMUM YARD FOR
DETACHED ACCESSORY
BUILDINGS
With full
municipal
services
(m2)
With partial
or private
services
(m2)
With full
municipal
services
(m)
With partial
or private
services
(m)
Front
(m)
Int
Side
(m)
Ext
Side
(m)
Rear
(m)
Front
(m)
Int
Side
(m)
Ext
Side
(m)
Rear
(m)
R
1
INT
810.0
1400.0
18.0
23.0
7.5
1.5
N/A
10.5
93.0
10.5
35%
7.5
(d)
(d)
(d)
COR
990.0
22.0
24.0
7.5
(a)
6.0
R
2
INT
390.0
925.0
11.0
30.0
N/A
9.0
84.0/
unit
COR
12.0
7.5
(a)
6.0
R
3
INT
175.0
N/A
6.0
N/A
N/A
8.0
84.0/
unit
10.5
45%
N/A
COR
300.0
10.0
4.5
35%
(d)
END
230.0
7.5
N/A
40%
N/A
R
4
INT
1000.0
1450.0
25.0
30.0
N/A
10.5
200.0
10.5
35%
1.5
6.0
1.5
COR
1100.0
1600.0
27.5
33.0
7.5
(a)
R
5
INT
1100.0
N/A
24.0
N/A
N/A
9.0
(b)
21.0
40%
COR
27.0
7.5
(a)
6.0
R
S
1
ALL
0.3 ha
30.0
15.0
6.0
15.0
15.0
140.0
(c)
10.5
20%
15.0
6.0
R
S
2
ALL
700
15.0
3.0
1.5
6.0
3.0
46.5
4
60%
3.0
0.6
79
Footnotes to Preceding Table:
a) Notwithstanding anything in this Section, the minimum exterior side yard may be reduced to a minimum
of 6.0 m provided that for every 0.3 m the exterior side yard is reduced below the minimum, the
minimum front yard shall be increased correspondingly by 0.3 m, or at a 1:1 ratio.
b) Refer to section 13.3.
c) Refer to section 15.3.
d) The minimum yard for Detached Accessory Buildings for the R1, R2, and R3 Zones shall be as follows:
Int Side
1.5 m pools and 1 m sheds
Ext Side
4m pools and 1 m sheds
Rear
1.5 m pools and 1 m sheds
80
SECTION 18: GENERAL PROVISIONS FOR COMMERCIAL ZONES
18.1
Minimum Landscaping, Parking and Loading Regulations
a)
A landscaping area in the form of a planting strip having a minimum width of 3.0 m shall
be provided and thereafter maintained adjacent to every portion of any lot line that
abuts any residential zone.
b)
No parking or loading facility or part thereof shall be located and no land shall be used
for the temporary parking or storage of any motor vehicle within 1.5 m of any lot line or
street line, or within 3.0 m of the boundary of any residential zone.
c)
No means of ingress or egress on a corner lot shall be located within 15.0 m of the
intersection of street lines, and all means of ingress and egress shall have a minimum
width of 9.0 m.
18.2
Regulations for Daylighting Triangles
All uses permitted in commercial zones and located on a corner lot shall provide a daylighting
triangle of not less than:
a)
9.0 m
where speeds of 50 kph are permitted; or
b)
12.0 m
where speeds of 60 kph are permitted; or
c)
15.0 m
where speeds of 80 kph are permitted.
81
SECTION 19: COMMUNITY COMMERCIAL (C1) ZONE
19.1
Within a Community Commercial (C1) Zone no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in Subsection 2 of
this Section and also in accordance with the regulations contained in Subsection 3 of this
Section.
19.2
Permitted Uses
a)
Retail stores
b)
Personal service shops
c)
Service shops
d)
Nursery or commercial schools, including day cares
e)
Antique dealers
f)
Auto service stations
g)
Business or professional offices
h)
Artist studios
i)
Accessory buildings or structures subsidiary to any of the above.
19.3
Zone Regulations
a)
Refer to Sections 4, 18 and 30.
19.4
Special Provisions
19.4.1
C1-1
Part Lot 15, Concession 4, 75 Denney Drive, Baxter
Notwithstanding the permitted uses of this Section, those lands zoned as "C1-1" and located in
Part Lot 115, Concession 4, 75 Denney Drive, Baxter, on Schedule "D", may also be used as a
flower and gift shop, and the following provisions shall apply:
Minimum lot area
1000 m2
Exterior side yard setback
0.9 m
Interior side yard setback
1.0 m
All other C1 Zone provisions shall apply.
19.4.2
C1-2
Part Lot 16 & 17, Concession 11, 203 Barrie Street (2021-43)
Notwithstanding Section18, General Provisions for Commercial Zones, on lands zoned "C1-2
Zone", a landscape buffer to road allowance of 2.3 m is permitted. All other applicable provisions
of the C1 Zone contained in Section 18 shall apply.
Notwithstanding Section 30, Non-Residential Zone Regulations, on lands zoned C1-2 Zone, a
minimum lot area of 2,356.3 m2 with partial or private services is permitted. All other applicable
regulations of the C1 Zone contained in Section 30 shall apply.
82
SECTION 20: CORE COMMERCIAL (C2) ZONE
20.1
Within a Core Commercial (C2) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
20.2
Permitted Uses
a)
Retail stores
b)
Personal service shops
c)
Service shops
d)
Restaurants
e)
Nursery or commercial schools, including day cares
f)
Parking lots or structures
g)
Theatres
h)
Hotels/motels
i)
Antique dealers
j)
Auto service stations (gas stations)
k)
Auto sales
l)
Places of amusement
m)
Business or professional offices
n)
Artist studios
o)
Funeral parlors
p)
Vet clinics
q)
Call centres / offices for distribution of calls
r)
Apartment(s) above any of the above listed uses in accordance with Section 4.35
s)
Accessory buildings or structures subsidiary to any of the above.
20.3
Zone Regulations
a)
Refer to Sections 4, 18 and 30.
20.4
Special Provisions
20.4.1
C2-1 Pt. Lot 32, Concession 3 on Schedule "B"
In addition to the permitted uses and regulations of this Section, on those lands zoned as "C2-1"
and located in Part of Lot 32, Concession 3 on Schedule "B", the following land use shall also be
permitted: four apartments above ground floor commercial uses.
20.4.2
C2-2: Part of Lots 146 to 149, Plan 160A, 18 King Street; West side of Cedar Street, Plan
160A; Part 40 foot Reserve North of Railway property, Plan 160A.
Notwithstanding any provisions of By-law 2003-50 to the contrary, on those lands zoned "C2-2",
the following provisions shall apply:
The following is a list of permitted uses:
Family Health Organization; A Medical (Walk-in) Clinic for Physicians, Nurses, Nurse
Practitioners and their support staff with reception and waiting room area, examination rooms
and administration offices; and a Pharmacy dispensary for prescription drugs only within a 38
square metres area (10% of the bldg), all for medical care purposes.
Zone Standards:
Exterior side yard setback 1 m
83
Despite other sections of the Zoning By-law, including any General Provisions, it is recognized
that 18 King Street contains 8 parking spaces inclusive of barrier-free parking.
All other C2 Zone standards shall apply.
20.4.3
C2-3: Lots 7, 7A, 10 and all of Lots 8 and 9 on Registered Plan 1330. Municipally known
as 150, 152, 154 & 156 Mill Street and 9 & 11 River Drive.
Notwithstanding the permitted uses of the C2 Zone in Section 20.2, Permitted Uses, the C2-3
Zone will permit a car wash accessory to an auto service station. All other applicable provisions
of the C2 Zone contained in Section 30 Chall Apply.
Notwithstanding Section 4.0, General Provisions, on lands zoned C2-3 Zone a shared entrance
with a minimum width of 9m to access Mill Street is permitted together with a minimum entrance
width on each side of the shared lot line of 4.5m and the minimum number of waiting spaces for
the car wash on a one way driveway shall be 10 each being 6 m in length and 3 m in width. All
other General Provisions shall apply.
Zone Standards:
A shared entrance with a minimum width of 9 metres to access Mill Street is permitted together
with a minimum entrance width on each side of the shared lot line of 4.5 metres.
The minimum number of waiting spaces for the Car Wash on a one-way driveway shall be 10.
Each waiting space shall be 6 metres in length and 3 metres in width.
20.4.4
C2-4: PLAN 1330 PT LOTS 31 & 33 RP; 51R19535 PART 2, 190 Mill Street (2024-03).
Notwithstanding the provisions as set out in the Zoning By-law 2003-50, the following provisions
shall be permitted on lands zoned as C2-4:
-
Ten (10) ground floor apartment dwelling units with a minimum floor area of 23 m²,
applicable to the existing Building only.
-
Minimum Gross Floor Area - 23.0m2 (existing only)
-
Minimum Interior Side Yard Setback (south) - 1.1 metres (existing only)
-
Minimum entrance width from 9.0 metres (as per section 4.28.7) - 7.0 metres (existing
only)
-
Minimum Landscaped Buffer Strip (as per section 4.36.2.1) (south) - 1.1 metres (existing
only)
All other provisions of Zoning By-law 2003-50, as amended, shall apply.
84
SECTION 21: HIGHWAY COMMERCIAL (C3) ZONE
21.1
Within a Highway Commercial (C3) Zone no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
21.2
Permitted Uses
a)
Restaurants
b)
Hotels/motels
c)
Antique dealers
d)
Artist studios
e)
Automotive service stations with accessory uses, including a car wash
f)
A dwelling unit in accordance with Section 4.35
g)
Self-Storage
h)
Accessory buildings or structures subsidiary to any of the above.
21.3
Zone Regulations
a)
Refer to Sections 4, 18 and 30;
b)
For an automatic car wash, a minimum of 10 waiting spaces shall be provided on a lot;
and
c)
For a coin-operated car wash, a minimum of 2 waiting spaces and 1 drying space shall
be provided for each unit or bay.
21.4
Special Provisions
Pt. Lot 15, Conc. 3, 6802 County Road #10 (2012-14)
In addition to the permitted uses and regulations of this Section, on those lands zoned as "C3-H"
and located in Part of Lot 15, Concession 3 on Schedule "B", the following land use shall also be
permitted: to permit a second additional apartment above the existing Highway Commercial
building.
85
SECTION 22: COMMERCIAL RECREATION (C4) ZONE
22.1
Within a Commercial Recreation (C4) Zone no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in Subsection 2 of
this Section and also in accordance with the regulations contained in Subsection 3 of this
Section.
22.2
Permitted Uses
a)
Golf courses
b)
Driving ranges
c)
Miniature golf courses
d)
Paintball facilities
e)
Facilities/fields for games under private ownership
f)
Arenas
g)
Batting cages
h)
Zoos
i)
Places of amusement
j)
Camping grounds
k)
Restaurants
l)
Other recreational uses where a fee is charged for for-profit purposes
m)
Related retail sales accessory to any of the above
n)
Accessory buildings or structures subsidiary to any of the above.
22.3
Zone Regulations
a)
Refer to Sections 4, 18 and 30.
22.4
Special Provisions
C4-1: East Part Lot 32, Concession 10 (2015-12)
Notwithstanding the permitted uses of this Section, on those lands zoned as "C4-1" as shown
on Schedule "A", a dwelling unit is not a permitted use.
86
SECTION 23: COMMERCIAL AGRICULTURAL (C5) ZONE
23.1
Within a Commercial Agricultural (C5) Zone no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use(s) other than as permitted in Subsection 2
of this Section and also in accordance with the regulations contained in Subsection 3 of this
Section.
23.2
Permitted Uses
a)
Fertilizer plants
b)
Feed mills
c)
Farm implement dealerships
d)
Fuel oil dealers
e)
Fruit and vegetable markets
f)
Nurseries and garden centres
g)
Antique dealer
h)
Artist studios
i)
Veterinary clinics
j)
Accessory buildings or structures subsidiary to any of the above.
23.3
Zone Regulations
Refer to Sections 4, 18 and 30.
23.4
Special Provisions
23.4.1
C5-1: Pt. Lot 2, Concession 8
Notwithstanding the permitted uses of this Section, those lands zoned as "C5-1" and located in
the East Half of Lot 2, Concession 8 on Schedule "A", shall only be used as an abattoir.
23.4.2
C5-2: West Pt. of Lot 9, Concession 4 (2000-38) (Cargill)
On those lands zoned "C5-2" as shown on Schedule "A", the permitted uses are: buildings,
structures and areas for the storing, blending, packaging and sale of solid and liquid
fertilizers and agricultural chemicals; loading and unloading equipment, weigh scales and
machinery for handling these products via truck or rail car; the storage, repair and parking of
equipment and vehicles for the off-site custom application of the above products; an office
building; and employee, customer and visitor parking.
Notwithstanding any of the requirements of this By-law, the minimum yards for this site shall
be:
Dimension Type
Standard
Minimum Frontage
294.0 m
Minimum Yard Setback
Front Yard from centre line of road
25.8 m
Interior Side Yard
3.0 m
Rear Yard
Nil
87
Maximum Height
Loading tower(s)
43.0 m
All other buildings and structures
20.0 m
Minimum Area
2.0 ha
Maximum Coverage
35%
All other provisions of the "C5" Zone shall apply.
23.4.3
C5-3: Part Lot 12, Concession 4 (2016-44)
Shall permit a maximum building height of 15.0 metres (49.21 feet) and an additional height of
30.0 metres (98.4 feet) for elevator legs.
23.4.4
C5-4: Concession 3, East Part Lot 9, 6030 County Road 10 (2023-72)
On those lands zoned "C5-4", the following site-specific definitions related to the above noted
permitted uses shall apply:
a.
"Farm Implement Dealership & Distributor" means an establishment for the
distribution, repair, lease or sale of agricultural implements, including the sale of
lubricants for agricultural equipment on the same premises, as an accessory use.
This establishment further includes an associated office and accessory
transportation operations to provide delivery of implement machinery to and from
the public as required.
b.
"Accessory Outdoor Farm Implement Storage" means the outdoor storage and
advertising of farm implements for distribution, lease or sale to the public. Only
implement equipment for agricultural use shall be permitted.
c.
"Accessory Truck and Trailer Parking" means a portion of land that is provided on
the same lot which the principal Farm Implement Dealership & Distributor is
located, which comprises of parking spaces for truck and trailer motor vehicles.
Only truck and trailer motor vehicles associated with the Farm Implement
Dealership & Distributor shall be permitted.
As well, the following provisions shall be permitted on lands zoned as C5-4:
a.
Farm Implement Dealership & Distributor
b.
Farm Implement Dealership & Distributor - Accessory Outdoor Farm Implement
Storage;
c.
Farm Implement Dealership & Distributor - Accessory Truck and Trailer Parking.
88
SECTION 24: GENERAL PROVISIONS FOR INDUSTRIAL ZONES
24.1
Minimum Landscaping, Parking and Loading Regulations
a)
A landscaping area in the form of a planting strip having a minimum width of 3.0 m shall
be provided and thereafter maintained adjacent to every portion of any lot line that abuts
any residential zone.
b)
No parking space or loading facility or part thereof shall be located and no land shall be used for the
temporary parking or storage of any motor vehicle within 1.5 m of any lot line or street line, or within 3.0 m of the
boundary of any residential zone.
c)
No means of ingress or egress on a corner lot shall be located within 15.0 m of the
intersection of street lines, and all means of ingress and egress shall have a minimum
width of 9.0 m.
24.2
Regulations for Daylighting Triangles
All uses permitted in an industrial zone located on a corner lot shall provide a daylighting triangle
of not less than 15.0 m.
24.3
Regulations for Open Space
a)
All open storage areas shall be suitably screened from all surrounding uses.
24.4
Regulations for Yard Requirements Between Industrial Buildings and Residential Uses
a)
Where an industrial zone abuts an area where residential uses are permitted, no
industrial buildings shall be located within 30.0 m of the abutting lot line.
24.5
Accessory Buildings
a)
Minimum distance from any other building on the lot shall be 3.0 m.
b)
Minimum Yard Requirements:
1.
The minimum yard abutting a public street shall be 7.5 m; and
2.
No accessory building shall be located within 1.5 m of a side or rear lot line that
does not abut a public street, or within 3.0 m of the boundary of any residential
zone.
c)
Maximum height shall be 9.0 m.
89
SECTION 25: GENERAL INDUSTRIAL (M1) ZONE
25.1
Within a General Industrial (M1) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
25.2
Permitted Uses
Refer to Section 29
25.3
Zone Regulations
a)
Refer to Sections 4, 24 and 30
b)
Wayside pits and quarries and portable asphalt plants must meet with regulations of
Section 29, or with standards contained within the Aggregate Resources Act.
25.4
Special Provisions
25.4.1
M1-1: Pt. Lots 13 & 14, Concession 4, Baxter Industrial Park
25.4.1.1
Permitted Uses
Within the Baxter Industrial Park, "M1-1" Zone, on Schedule "A" no person shall use any lot or
erect, alter or use any building or structure for any purpose except one or more of the following
uses:
a)
Dry Industry: where such uses are defined as those which by the nature of the
processes used, the fabrication systems employed or by the services rendered do not
require the disposal of any sewage effluent which cannot be accommodated within the
limits of the lot on which the use is located or which cannot meet the requirements of the
appropriate approval authority for the establishment of one of the following classes of
sewage disposal system as set out in the Environmental Protection Act:
1.
Class 2 - Grey-water system, or
2.
An approved engineered design system
b)
An assembly, fabrication, manufacturing, processing, sales, servicing, storage or
warehousing establishment including, but not limited to, such uses as a business office,
a contractor or trades shop, a saw mill, a building supply outlet, a publishing or printing
shop, a machine shop, a welding shop, or a repair shop for automobiles, trucks, buses,
farm implements, boats or recreational vehicles, except that:
1.
A noxious use as described in Section 4.17 of this By-law shall not be allowed;
2.
Any use which is a "source of contaminant" as defined in the Environmental
Protection Act shall not be allowed unless such a use complies fully with all
provisions of the said Act and all Regulations made thereunder;
3.
The open storage of new or used motor vehicles other than for employee or
90
visitor parking, delivery vehicles or vehicles stored for immediate repair shall not
be allowed; and
4.
The open storage of raw materials, finished products or waste materials awaiting
removal from the lot shall be confined to a portion of the lot which has been set
aside for such use on the Site Plan filed with the Township as part of a
Development Agreement made under the provisions of the Planning Act.
25.4.1.2
Zone Regulations
No person shall within the Baxter Industrial Park "M1-1" Zone shall use any lot, or erect, alter or
use any building or structures except in accordance with the following requirements:
Dimension Type
Standard
Minimum Lot Frontage
30.0 m
Minimum Lot Area
7500 m2
Maximum Lot Coverage
(including open storage areas)
60%
Maximum Height Requirements
15.0 m
Minimum Front Yard
10.5 m
Minimum Side Yard
6.0 m
Minimum Rear Yard
7.5 m
a)
Landscaped areas shall include all setbacks, absorption beds and equivalent reserve
areas, and such Landscaped areas shall constitute a minimum of 35% of the gross lot
area.
b)
There shall be no minimum yard requirements for structures or buildings located
adjacent to the Canadian Pacific Railway.
25.4.2
M1-1 Part Lot 31, Concession 6, Part 1, 51R-38209, Utopia Industrial Area (2012-28)
25.4.2.1
Permitted Uses
Notwithstanding the permitted uses of this Section, those lands zoned as "M1-1" in the Utopia
Industrial Area and on Schedule "A" may also permit for sales of heavy trucks and equipment,
sales of disassembled parts and a salvage yard.
91
SECTION 26: POTENTIAL AGGREGATE INDUSTRIAL (M2) ZONE
26.1
Within a Potential Aggregate Industrial (M2) Zone no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
Subsection 2 of this Section and also in accordance with the regulations contained in
Subsection 3 of this Section.
26.2
Permitted Uses
Refer to Section 29
26.3
Zone Regulations
a)
Refer to Sections 4 and 24
b)
Agricultural uses (or accessory uses such as residential uses) shall comply with the
provisions of Sections 4, 5, and 6.
c)
Wayside pits and quarries and portable asphalt plants must meet with regulations of
Section 30, or with standards contained within the Aggregate Resources Act.
92
SECTION 27: EXTRACTIVE INDUSTRIAL (M3) ZONE
27.1
Within an Extractive Industrial (M3) Zone no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
27.2
Permitted Uses
a)
Refer to Section 29
b)
In addition to operations that are permitted in the M3 Zone, permitted uses shall also
include associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate or the production of secondary related projects.
27.3
Zone Regulations
a)
Refer to Sections 4, 24, and the following:
Dimension Type
Standard
Extraction Setback Area
Minimum yard setback
15.0 m
Minimum yard setback if site abuts:
Land zoned residential
30.0 m
Any body of water
A highway
Aggregate, Topsoil, and Overburden Setback Area
Minimum yard setback
30.0 m
Minimum yard setback if site abuts:
Land zoned residential
90.0 m
b)
Operations that are permitted in the "M3" Zone, shall be licensed under the Aggregate
Resources Act, or its successor.
NOTE: The zone regulations for the "M3" Zone are an expression of the requirements found in
the Aggregate Resources Act. For a more detailed set of the required standards, please refer to
the Aggregate Resources Act.
93
SECTION 28: WASTE MANAGEMENT INDUSTRIAL (M4) ZONE
28.1
Within a Waste Management Industrial (M4) Zone no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
Subsection 2 of this Section and also in accordance with the regulations contained in
Subsection 3 of this Section.
28.2
Permitted Uses
Refer to Section 29
28.3
Zone Regulations
a)
Refer to Sections 4, 24, and 30
b)
Wayside pits and quarries and portable asphalt plants must meet with regulations of
Section 30, or with standards contained within the Aggregate Resources Act.
c)
Notwithstanding the provisions in this By-law, any land located within a 500 m radius of
an active or abandoned landfill shall require County of Simcoe approval prior to the
erection of any buildings or structures.
28.4
Certificate of Approval
No person, including any public authority, shall establish, alter, enlarge or extend any permitted
use, including a waste management system, unless a Provincial Certificate of Approval has
been issued by the Ministry of the Environment or the appropriate approval authority.
94
SECTION 29: PERMITTED USES FOR INDUSTRIAL ZONES
Permitted Use
M1
M2
M3
M4
Any manufacturing, industrial, or warehousing undertakings that are conducted within an enclosed building or
structure including warehouses and research establishments
Any shops for the repair, processing or treatment of goods and wares and any other service industries if
conducted wholly within an enclosed building or structure
Any shops for the repair of motor vehicles and equipment including body repairs within an enclosed building
Any cartage, express, or truck terminals
Any yard for storage of building supplies, heavy equipment, and other goods or materials in the open but not
including scrap metal storage, automobile wrecking yards, or salvage yards
A commercial undertaking or wholesale business incidental to a manufacturing or warehouse operation
Any business or licenced tradesman's office accessory to any of the above industrial uses listed
Agricultural uses and accessory buildings and structures
Quarry excavation and the crushing, screening, and washing of sand, gravel, ballast or any other surface or
sub-surface material or mineral
A transfer station or waste sorting facility
A sanitary landfill site
A sewage disposal plant
A compost facility
A caretaker's residence constructed in accordance with the provisions of Section 4.35
Wayside Pits & Quarries
Portable asphalt plants
Shipping Containers
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SECTION 30: NON-RESIDENTIAL ZONE REGULATIONS - Regulations Pertaining to Commercial or Industrial Zones
ZONE
MINIMUM LOT FRONTAGE
MINIMUM LOT AREA
MINIMUM YARD
REQUIREMENTS
MAX
LOT
COV
MAX HGT
(m)
With municipal
water and sewer
(m)
With partial or
private services
(m)
With municipal
water and sewer
(m2)
With partial or
private services
(m2)
Front
(m)
Int
Side
(m)
Ext
Side
(m)
Rear
(m)
C1
12.0
20.0
700.0
3000.0
1.5
1.2
(a)
6.0
6.0
30%
10.5
C2
12.0
15.0
C3
45.0
2500.0
7.5
3.0
6.0
7.5
C4
30.0
C5
7.5
3.0
6.0
7.5
M1
20.0
30.0
3500.0
7500.0
10.0
6.0
10.0
6.0
40%
15.0
M2
Refer to Section 26
M3
Refer to Section 27
M4
180.0
20 ha
180.0
90.0
180.0
90.0
N/A
a)
One of the side yard setbacks shall be 6.0 m from the lot line to allow ingress and egress of a fire truck.
96
SECTION 31: OPEN SPACE PARK (OSP) ZONE
31.1
Within an Open Space Park (OSP) Zone no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
31.2
Permitted Uses
a)
A park, playground, outdoor playing field, outdoor swimming pool or wading pool, picnic
area, bandstand, outdoor skating rink, outdoor tennis court or other similar open-air
recreational uses operated by a public authority or on a not-for-profit basis
b)
An accessory building for any of the uses listed above including a refreshment pavilion
or booth
31.3
Zone Regulations
a)
Refer to Section 4
The minimum distance of buildings or structures from any lot line shall be 9.0 m
31.4.1
OSP-1: Part Lot 16, Concession 5 (By-law No. 2018-42)
Notwithstanding any provisions of By-law 2003-50 to the contrary, on those lands zoned
"OSP-1" as shown on Schedule "1" of this By-law, the following shall be permitted: a sanitary
pump station which is a minimum of 55 m from the westerly property line.
31.4.2
OSP-2: Part Lot 29, Concession 4 (By-law No. 2022-49)
Notwithstanding the permitted uses and zone regulations of this section, on those lands
zoned as OSP-2 and located on Schedule B, a park, school and school amenities are
permitted.
All other provisions of the "C5" Zone shall apply.
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SECTION 32: ENVIRONMENTAL PROTECTION (EP) ZONE
32.1
Within an Environmental Protection (EP) Zone no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
Subsection 2 of this Section and also in accordance with the regulations contained in
Subsection 3 of this Section.
32.2
Permitted Uses
a)
Preservation or conservation uses
b)
Flood and erosion control works as approved by the Nottawasaga Valley Conservation
Authority
c)
Where a residential dwelling exists on a lot covered (in whole or in part) by the EP Zone,
new buildings and structures accessory to a residential use are permitted to be erected,
subject to the same regulations (for accessory buildings or structures) as set out in
Sections 4, 5 and 6.
32.3
Prohibited Uses
a)
Wayside Pits & Quarries
32.4
Zone Regulations
Refer to Sections 4, 5 and 6.
32.5
Special Provisions
32.5.1
Part 1, Plan 51R-37371 (Birchwood Subdivision)
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SECTION 33: INSTITUTIONAL (I) ZONE
33.1
Within any Institutional (I) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
33.2
Permitted Uses
a)
Any undertaking established or maintained by a governmental authority, agency, board
or commission
b)
Churches and cemeteries
c)
Clubs for non-profit service groups
d)
Public or separate schools
e)
Public or private hospitals
f)
Community halls
g)
Libraries
h)
Other public uses
i)
Shipping Containers
j)
Accessory uses, buildings and structures to the above.
33.3
Zone Regulations
a)
Regulations for Schools
Dimension Types
Standards
Minimum Lot Frontage
45.0 m
Minimum Lot Area
1.0 ha
Minimum Front Yard
3.0 m
Minimum Side Yard
7.5 m
Minimum Rear Yard
7.5 m
b)
Regulations for Permitted Uses Other Than Schools
Dimension Types
Standard
With Municipal Water &
Sewer
With Partial or Private
Services
Minimum Frontage
23.0 m
30.0 m
Minimum Area
1050.0 m2
1.0 ha
Maximum Lot Coverage
50%
Minimum Front Yard
3.0 m
6.0 m
Minimum Side Yard
4.5 m
Minimum Rear Yard
7.5 m
99
Maximum Building Height
15.0 m
100
SECTION 34: PUBLIC SERVICES (PS) ZONE
34.1
Within any Public Services (PS) Zone no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in Subsection 2 of this
Section and also in accordance with the regulations contained in Subsection 3 of this Section.
34.2
Permitted Uses
a)
Water pumps
b)
Well-houses
c)
Stormwater management facilities
d)
Wastewater treatment facilities
e)
Hydro transformers
f)
High-tension hydro wires
g)
Any other similar uses serving the public
34.3
Zone Regulations
Dimension Type
Standard
Minimum Lot Frontage
6.0 m
Minimum Front Yard
7.5 m
Minimum Rear Yard
3.0 m
Minimum Side Yard
Interior
3.0 m
Exterior
7.5 m
Note: High-tension hydro wire corridors are not required to meet these regulations.
101
SECTION 35: HOLDING PROVISIONS (H)
35.1
Notwithstanding any other provisions in this By-law, where a zone symbol is
followed by the letter (H), no person shall use the land to which the letter (H)
applies for any use other than the use which existed on the date this By-law was
passed or which is specifically established as a permitted use in conjunction with
the (H) symbol in this By-law, until the (H) symbol is removed in accordance with
the policies of the Township of Essa's Official Plan (2001) and the Planning Act,
and in accordance with conditions established for the removal of the (H) symbol
in this By-law or any amendment thereto. Conditions for removal are set out in
Table 35.2.
35.2
The Municipality may pass an amendment to this By-law to utilize the Holding
Zone on lands where development is premature and may establish, as a
condition for removal of the (H) symbol, that one or more of the following
requirements set out in the Table in Section 35.3:
35.3
Holding Provision (H) Conditions Table
Symbol
No.
Conditions for Removal
H1
The Holding Provision (H1) may be lifted once an Official
Plan Amendment, Site Plan Control, Plan of Subdivision
and/or Condominium approval have/has been obtained and
any required development agreements entered into with the
municipality, and any specific studies required by the
municipality have been submitted to and approved by the
municipality.
H2
The Holding Provision (H2) may be lifted once the
Township's Engineering Design Standards have been met,
and adequate sanitary, water, storm, and/or transportation
services and facilities are available and can be allocated to
serve the development.
H3
The Holding Provision (H3) may be lifted once an Official
Plan Amendment, a Site Plan Control, a Plan of Subdivision
and/or Condominium approval have/has been obtained and
any required development agreements entered into with the
municipality, and any specific studies required by the
municipality have been submitted to and approved by the
municipality; and once the Township's Engineering Design
Standards have been met, and adequate sanitary, water,
storm, and/or transportation services and facilities are
available and can be allocated to serve the development.
H4
The Holding Provision (H4) may be lifted once any adverse or
potentially adverse environmental effects or constraints have
been resolved.
H5
The Holding Provision (H5) may be lifted once all concerns
from identified regulatory agencies have been addressed.
102
H6
The Holding Provision (H6) may be lifted once any other
lawful requirement that Council or Staff, as authorized, may
impose for the proper orderly development of the lands has
been satisfactorily met.
103
SECTION 36: BY-LAW ADMINISTRATION, ENFORCEMENT AND VALIDITY
36.1
Zoning Administration
This By-law shall be administered by a person appointed by the Council of the Township of Essa
as the Zoning Administrator.
36.2
Inspection of Land or Buildings
Where the Zoning Administrator has reason to believe that any person has used land, or used a
building or structure contrary to this By-law, he, or an employee of the Township, authorized by
him, may at any reasonable hour, enter and inspect the land, building or structure in accordance
with provisions of the Planning Act.
36.3
Issuance of Permits
Where land is proposed to be used or a building or structure is proposed to be erected or used
in violation of this By-law, no permit or license required under any by-law of the Corporation for
the use of land or for the erection or the use of the building or structure shall be issued.
36.4
Application and Plans
In addition to the requirements of the Building and Plumbing By-law of the Township, every
application for a building permit shall be accompanied by a site plan, drawn to an appropriate
scale, showing the proposed location, height and dimensions of the building or structure or work
in respect of which the permit is applied. The application shall also include a site plan containing
the location of every building or structure already erected on or partly on such lot, together with
a plan and a statement signed by the owner or his agent duly authorized thereunto in writing,
filed with the Zoning Administrator. Such statement shall set forth in detail the intended use of
each building and structure or part thereof and all information necessary to determine whether
or not every such building or structure conforms with the aforesaid regulations of this By-law.
Every application which involved the installation, enlargement or reconstruction of a sewage
disposal system shall be accompanied by approval in writing from the appropriate approval
authority for the proposed method of sewage disposal.
36.5
Violation and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall forfeit and pay in
the discretion of the convicting judge a penalty, under the provisions of the Planning Act. The
conviction of an offender of a breach of any of the provisions of this By-law shall not prevent
further prosecution of the same offender upon any subsequent new, continued, or repeated
breach of the same or any other provision of this By-law, and the presiding judge may convict
any offender for each new, continued, or repeated breach of this law, and impose upon each
conviction any penalty in accordance with the provisions of the Planning Act.
36.6
Certificate of Occupancy Required for Conformity
No change in the use of any land, building or structure in the Township of Essa now or hereafter
erected shall be permitted without first obtaining a Certificate of Occupancy from the Township
indicating that the proposed use is in conformity with this By-law.
36.7
Validity
If any Section, clause or provision of this By-law, including anything contained on Schedules "A"
to "H" and Appendices "A" to "B" inclusive, 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 so declared to be invalid
and 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
104
one or more provisions thereof shall have been declared to be invalid.
36.8
Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the character,
location, bulk, height and use of buildings and structures shall be repealed.
36.9
Effective Date
This By-law shall come into force and take effect upon being passed by Council and in
accordance with the provisions of the Planning Act.
READ A FIRST TIME THIS 20TH DAY OF AUGUST, 2003.
READ A SECOND TIME THIS 20TH DAY OF AUGUST, 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF AUGUST, 2003.
____________________
_____________________
Mayor
Clerk