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Zoning By-law No. 2013-04
Township of Evanturel
March 27, 2013
Township of Evanturel Zoning By-law
File P-2364
Page 2
Table of Contents
Section 1
ADMINISTRATION ............................................................................................................... 1
1.1
Title ............................................................................................................................................... 1
1.2
Application .................................................................................................................................... 1
1.3
Defined Area ................................................................................................................................. 1
1.4
Enforcement .................................................................................................................................. 2
1.5
Repeal and Relationship to Former By-laws ................................................................................ 2
1.6
Validity ......................................................................................................................................... 2
1.7
Other By-laws, Licenses, Permits and Regulations ...................................................................... 2
1.8
Conflict ......................................................................................................................................... 2
1.9
Effective Date ............................................................................................................................... 2
Section 2
CONFORMITY REQUIREMENTS ....................................................................................... 4
2.1
Compliance ................................................................................................................................... 4
1.2
Compliance of Severances ............................................................................................................ 4
1.3
Application to Building ................................................................................................................. 4
Section 3
DEFINITIONS ......................................................................................................................... 5
3.1
General .......................................................................................................................................... 5
3.2
Definitions ..................................................................................................................................... 5
Section 4
GENERAL PROVISIONS .................................................................................................... 66
4.1
Accessory Buildings, Structures and Uses .................................................................................. 66
4.1.1
General ................................................................................................................................ 66
4.1.2
Swimming Pools ................................................................................................................. 67
4.2
Bed and Breakfast Establishments .............................................................................................. 67
4.3
Buildings to be Moved ................................................................................................................ 68
4.4
Change of Use ............................................................................................................................. 68
4.5
Cumulative Standards ................................................................................................................. 68
4.6
Established Building Line in Built-up Area ................................................................................ 68
4.7
Exception Zone ........................................................................................................................... 68
4.8
Flood Plain .................................................................................................................................. 69
4.8.1
Permitted Uses Within the Flood Plain ............................................................................... 69
4.8.2
Prohibited Uses ................................................................................................................... 69
4.8.3
Flood Plain Zoning Standards ............................................................................................. 70
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4.9
Frontage on a Street .................................................................................................................... 70
4.9.1
Exemptions ......................................................................................................................... 70
4.9.3
Exception for Existing Agreements .................................................................................... 71
4.10
Garden Suites .............................................................................................................................. 71
4.11
Group Homes .............................................................................................................................. 71
4.12
Home Based Businesses.............................................................................................................. 71
4.12.1
Scope of Permitted Home Based Businesses ...................................................................... 71
4.12.2
Zone Requirements for Home Based Businesses ................................................................ 72
4.13
Home Industries .......................................................................................................................... 73
4.13.1
Scope of Permitted Home Industries................................................................................... 73
4.13.2
Zone Requirements for Home Industries ............................................................................ 73
4.14
Kennel ......................................................................................................................................... 74
4.15
Land Suitability For Use ............................................................................................................. 74
4.16
Licenses, Permits and Other By-laws ......................................................................................... 74
4.17
Loading Requirements ................................................................................................................ 74
4.18
Mine Hazards .............................................................................................................................. 75
4.19
Minimum Distance Separation and Special Setbacks ................................................................. 75
4.20
Non-Conforming Uses ................................................................................................................ 77
4.21
Occupancy Restrictions............................................................................................................... 78
4.22
Open Storage and Outdoor Display ............................................................................................ 78
4.23
Parking, Storage of Motor Vehicles and Drive-Through Facilities ............................................ 79
4.23.1
General ................................................................................................................................ 79
4.23.2
Barrier Free Parking ............................................................................................................ 80
4.23.3
Stacking Lanes .................................................................................................................... 80
4.23.4
Schedule for Parking Requirements .................................................................................... 80
4.23.5
Drive-Through Facilities ..................................................................................................... 83
4.24
Parts of Buildings or Structures Permitted Above Height Level ................................................ 84
4.25
Permitted Projections .................................................................................................................. 84
4.26
Sight Triangle .............................................................................................................................. 86
4.27
Signs ............................................................................................................................................ 86
4.28
Streets and Parks ......................................................................................................................... 86
4.29
Temporary Buildings or Structures During Construction ........................................................... 86
4.30
Use by Public Authority or Public Utility ................................................................................... 87
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4.31
Water and Sewage Disposal Systems ......................................................................................... 87
4.32
Zones Applying to More than One Properties ............................................................................ 87
Section 5
ZONES ................................................................................................................................... 89
5.1
Zone Classification ..................................................................................................................... 89
5.2
Zones ........................................................................................................................................... 89
5.3
Interpretation of Zone Boundaries .............................................................................................. 90
Section 6
LOW DENSITY RESIDENTIAL (R1) ZONE ....................................................................... 91
6.1
Low Density Residential Zone Regulations ................................................................................ 91
6.2
Permitted Main Uses ................................................................................................................... 91
6.3
Permitted Accessory Uses, Buildings and Structures ................................................................. 91
6.4
Zone Requirements ..................................................................................................................... 91
6.5
Additional Provisions .................................................................................................................. 93
6.6
Zone Exceptions .......................................................................................................................... 93
Section 7
MEDIUM RESIDENTIAL (R2) ZONE ................................................................................. 94
7.1
Medium Density Residential Zone Regulations ......................................................................... 94
7.2
Permitted Main Uses ................................................................................................................... 94
7.3
Permitted Accessory Uses, Buildings and Structures ................................................................. 94
7.4
Zone Requirements ..................................................................................................................... 94
7.5
Additional Provisions .................................................................................................................. 96
7.6
Zone Exceptions .......................................................................................................................... 96
Section 8
APARTMENT RESIDENTIAL (R3) ZONE ......................................................................... 97
8.1
Apartment Residential Zone Regulations ................................................................................... 97
8.2
Permitted Main Uses ................................................................................................................... 97
8.3
Permitted Accessory Uses, Buildings and Structures ................................................................. 97
8.4
Zone Requirements ..................................................................................................................... 97
8.5
Additional Provisions .................................................................................................................. 98
8.6
Zone Exceptions .......................................................................................................................... 99
Section 9
INSTITUTIONAL (I) ZONE ................................................................................................ 100
9.1
Institutional Zone Regulations .................................................................................................. 100
9.2
Permitted Main Uses ................................................................................................................. 100
9.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 100
9.4
Zone Requirements ................................................................................................................... 100
9.5
Additional Provisions ................................................................................................................ 101
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9.6
Zone Exceptions ........................................................................................................................ 102
Section 10
LOCAL COMMERCIAL (C1) ZONE ............................................................................. 103
10.1
Local Commercial Zone Regulations ....................................................................................... 103
10.2
Permitted Main Uses ................................................................................................................. 103
10.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 103
10.4
Zone Requirements ................................................................................................................... 103
10.5
Additional Provisions ................................................................................................................ 104
10.6
Zone Exceptions ........................................................................................................................ 104
Section 11
HIGHWAY COMMERCIAL (C2) ZONE ....................................................................... 105
11.1
Highway Commercial Zone Regulations .................................................................................. 105
11.2
Permitted Main Uses ................................................................................................................. 105
11.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 106
11.4
Zone Requirements ................................................................................................................... 106
11.5
Additional Provisions ................................................................................................................ 107
11.6
Zone Exceptions ........................................................................................................................ 107
Section 12
GENERAL INDUSTRIAL (M1) ZONE .......................................................................... 108
12.1
General Industrial Zone Regulations ........................................................................................ 108
12.2
Permitted Main Uses ................................................................................................................. 108
12.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 108
12.4
Zone Requirements ................................................................................................................... 108
12.5
Additional Provisions ................................................................................................................ 109
12.6
Zone Exceptions ........................................................................................................................ 109
Section 13
HEAVY INDUSTRIAL (M2) ZONE ............................................................................... 110
13.1
Heavy Industrial Zone Regulations ........................................................................................... 110
13.2
Permitted Main Uses ................................................................................................................. 110
13.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 110
13.4
Zone Requirements ................................................................................................................... 110
13.5
Additional Provisions ................................................................................................................ 111
13.6
Zone Exceptions ........................................................................................................................ 111
Section 14
WASTE MANAGEMENT (M3) ZONE .......................................................................... 112
14.1
Waste Management Zone Regulations ..................................................................................... 112
14.2
Permitted Main Uses ................................................................................................................. 112
14.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 112
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14.4
Zone Requirements ................................................................................................................... 112
14.5
Additional Provisions ................................................................................................................ 112
14.6
Zone Exceptions ........................................................................................................................ 112
Section 15
MINERAL AGGREGATE RESOURCE (M4) ZONE .................................................... 113
15.1
Mineral Aggregate Resource Zone Regulations ....................................................................... 113
15.2
Permitted Main Uses ................................................................................................................. 113
15.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 113
15.4
Zone Requirements ................................................................................................................... 113
15.5
Additional Provisions ................................................................................................................ 114
15.6
Zone Exceptions ........................................................................................................................ 114
Section 16
OPEN SPACE (OS) ZONE .............................................................................................. 115
16.1
Open Space Zone Regulations .................................................................................................. 115
16.2
Permitted Main Uses ................................................................................................................. 115
16.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 115
16.4
Zone Requirements ................................................................................................................... 115
16.5
Additional Provisions ................................................................................................................ 116
16.6
Zone Exceptions ........................................................................................................................ 116
Section 17 NATURAL HAZARDS OVERLAY ...................................................................................... 117
17.1
Natural Hazards Overlay Regulations ....................................................................................... 117
17.2
Permitted Main Uses ................................................................................................................. 117
17.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 117
17.4
Zone Requirements ................................................................................................................... 117
17.5
Additional Provisions ................................................................................................................ 117
17.6
Zone Exceptions ........................................................................................................................ 117
Section 18
RURAL (R) ZONE ........................................................................................................... 118
18.1
Rural Zone Regulations ............................................................................................................ 118
18.2
Permitted Main Uses ................................................................................................................. 118
18.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 119
18.4
Zone Requirements ................................................................................................................... 119
18.5
Additional Provisions ................................................................................................................ 120
18.6
Zone Exceptions ........................................................................................................................ 120
Section 19
AGRICULTURE (A) ZONE ............................................................................................ 121
19.1
Rural Zone Regulations ............................................................................................................ 121
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19.2
Permitted Main Uses ................................................................................................................. 121
19.3
Permitted Accessory Uses, Buildings and Structures ............................................................... 121
19.4
Zone Requirements ................................................................................................................... 121
19.5
Additional Provisions ................................................................................................................ 122
19.6
Zone Exceptions ........................................................................................................................ 122
Section 20 ZONE EXCEPTIONS............................................................................................................. 123
20.1
General ...................................................................................................................................... 123
20.2
Exceptions to the By-law .......................................................................................................... 123
Township of Evanturel Zoning By-law
File P-2364
Page 1
Section 1
ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law.
It names the By-law, states its relationship with other By-laws, defines the area
to which it applies, how it is to be enforced, etc. In essence, it identifies the legal
parameters within which the By-law functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2013-04 of the Corporation of
the Township of Evanturel.
1.2
Application
In addition to the requirements of the Township of Evanturel Building By-law, every planning
application or application for a building permit shall be accompanied information required to
determine compliance with this by-law.
(For example, a site plan drawn to scale should be prepared which illustrates
1.
The true dimensions of the lot to be built upon;
2.
The proposed location, height and dimensions of any proposed building or structure;
3.
The setbacks of all existing and proposed buildings or structures from the nearest lot
lines, the location and dimensions of parking spaces (conventional and barrier-free),
parking aisles, parking areas and loading spaces;
4.
The location of sewage disposal systems and/or wells on the property an on abutting
properties;
5.
Where the proposed building is to be used for residential purposes, the location of all
livestock facilities within 0.5 km [0.31 mi] of the proposed dwelling.)
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of the
Corporation of the Township of Evanturel.
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File P-2364
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1.4
Enforcement
This By-law shall be administered by the Chief Building Official or such other persons as may
from time to time be designated by Council, and no permit for the use of land or for the erection
or use of any building or structure or approval of application for any municipal license within the
jurisdiction of the Council shall be issued or given where the proposed building, structure or use
would be a violation of any provision of this By-law.
1.5
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed under Section 34 of
the Planning Act, or its predecessor, are hereby repealed.
The adoption of this By-law shall not prevent any pending or future prosecution of, or action to
abate any existing violation of the said By-laws if the violation is also a violation of any of the
provisions of this By-law.
1.6
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a
whole or any part thereof other than the part declared to be invalid.
1.7
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of any
other By-law in force within the area affected by this By-law, or from applying for and obtaining
any permit, license, permission, authority or approval required by this or any other By-law or
regulation of the Corporation or by any other law in force from time to time.
1.8
Conflict
In the event of a conflict between this By-law and amendments thereto, and any general or special
By-law, the most restrictive By-law shall prevail.
1.9
Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the provisions of
the Planning Act.
Township of Evanturel Zoning By-law
File P-2364
Page 4
Section 2
CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority of the By-law. It requires that all
land uses, buildings and structures must comply with this Zoning By-law.
2.1
Compliance
No land, building or structure shall be used and no building or structure shall be erected or
enlarged, altered or placed for any purpose within the area defined by this By-law, except as
specifically, or by necessary implication, authorized by this By-law and in conformity with all the
applicable provisions of this By-law.
1.2
Compliance of Severances
Subject to the granting of such minor variances as may be approved, no lands shall be severed
from any existing lot if the effect of an approval for severance is to cause the original, adjoining,
remaining or new building, structure, lot or use of land to be in contravention of any provision of
this By-law.
1.3
Application to Building
Where a use does not take place within a building, but a regulation in this By-law imposes a
requirement premised on the use being in a building, the requirement applies, with necessary
modifications, as though the actual area occupied by the use was in a building.
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Section 3
DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this
Section shall govern. In this By-law, the word "shall" is mandatory and not
directory; words in the singular include the plural, words in the plural include
the singular; the word "used" includes "arranged", "designed" or "intended to be
used". The word "occupied" shall include "designed to be occupied" and
"arranged to be occupied".
3.1
General
Definitions of words and phrases used in this By-law that are not included in the list of definitions
in Section 3 shall have the meanings that are commonly assigned to them in the context in which
they are used are as defined in a dictionary.
3.2
Definitions
Abattoir
Means a building specifically designed to accommodate the penning and slaughtering of live
animals and the preliminary processing of animal carcasses and may include the packing, treating
and sale of the product on the premises.
Accessory
When used to describe a use, building or structure, shall mean a use, building or structure
naturally or normally incidental, subordinate and exclusively devoted to a main use, building or
structure and located on the same lot therewith. Examples of accessory buildings or structures are
a detached garage, a storage shed, a swimming pool or a satellite dish. Examples of accessory
uses are a home based business, an apartment above a store, or a retail outlet within a
manufacturing plant.
Accessory Dwelling - see Dwelling, Accessory
Accessory Apartment - see Dwelling - Accessory Apartment
Accessory Dwelling Unit - see Dwelling, Accessory Dwelling Unit
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Adventure Game
Means an outdoor sport or recreation commercial establishment operated commercially in which
participants engage in games mimicking combat-type roles and which may include the use of
paint ball or similar equipment.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock or
other material prescribed under the Aggregate Resources Act suitable for construction, industrial,
manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite,
kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed
under the Mining Act or the Aggregate Resources Act.
Agricultural Use
Means the use of land, building(s) or structure(s) for:
1. The growing of crops, including but not limited to nursery and horticultural crops and all
related activities such as soil preparation, manure or fertilizer spreading, planting,
spraying, grain drying, irrigating, harvesting and also including the storage and sale of the
crops produced on the lands.
2. Animal husbandry including the raising, boarding, and keeping of all forms of livestock,
including poultry and fish, aquaculture, apiaries and all related activities such as
breeding, training, feeding and grazing.
3. Agro-forestry, maple syrup production.
4. The production of animal products including but not limited to milk, eggs, wool, fur, or
honey, and all related activities such as the collection, storage and sale of the products
produced on the lands.
5. The use and storage of all forms of on-farm buildings and structures, equipment or
machinery needed to accomplish the foregoing activities.
6. Agricultural use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm produce
outlet) or manufacturing and processing activities involving farm crops or animal
products such as cheese factories, grain mills or retail seed sales.
Agriculturally Related Commercial/Industrial Uses
Means the use of land, buildings or structures related to agriculture and necessary in close
proximity to farm including but not limited to animal husbandry services, produce or grain
storage facilities, farm machinery outlets, and a fertilizer depot, but does not include any
manufacturing, assembling, processing, warehousing or construction uses.
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Airport Hangar
Means a building or structure designed and used for the shelter of aircraft.
Airstrip, Private
Means land used for the purpose of landing, storing taxiing or take-off of private aircraft.
Aisle
Means the travelled way by which motor vehicles enter and depart parking spaces and a parking
area.
Alter
When used in reference to a building, structure or part thereof, means:
1. To change any one or more of the internal or external dimensions of such building or
structure; or
2. To change the type of construction of the exterior walls or roof of such building or
structures; or
3. To change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
When used in reference to a lot means:
1. To change the boundary of such lot with respect to a street or lane, whether such
alteration is made by conveyance or alienation of any portion of the lot, or otherwise; or
2. To change any dimension or area, relating to such lot (e.g. width, depth or area of a lot or
required yard, landscaped open space or parking area); or
3. To change the use of such lot or the number of uses located thereon.
When used in reference to a shoreline means to change, straighten, divert or interfere in any way
with the channel of any water body or the lands surrounding the high water mark of a water
body.
Altered and alteration shall have corresponding meanings.
Ambulance Facility
Means a building or part thereof where professional paramedics and personnel are stationed and
their motor vehicles and equipment are kept or stored.
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Anaerobic Digester
Means a provincially regulated facility designed to convert agricultural and non-agricultural
source materials (e.g., manure, milk washing materials, silage, organic food wastes) into an
energy source (e.g., methane).
Animal Hospital
Means a building, structure or establishment used as the premises of a veterinarian or veterinary
surgeon where animals, birds or other livestock are examined or treated and which may be kept
on a short term basis, but does not include a kennel or research facility.
Antique Store
Means a building or part of a building or structure where antiques, arts and crafts are offered or
kept for sale at retail, and may include a craft shop.
Apartment Building - see Dwelling - Apartment
Arcade or Video Arcade
Means an establishment where more than three amusement machines are available for public use
and are operated for commercial gain, but does not include premises licensed to serve alcohol, a
seasonal agricultural fair, an amusement park or the premises on a non-profit organization,
association, institution or club which is operated for social, educational, recreational, religious or
fraternal purposes.
Artisan Shop or Studio - see Studio
Asphalt Plant
Means an industrial facility used for the production of asphalt for immediate use in the paving of
roads and driveways and the damp-proofing of buildings or structures.
Assembly Hall - see Place of Assembly
Attached
Means a building or structure otherwise complete in itself which is connected to, and which
depends for structural support upon a division wall or walls shared in common with an adjacent
building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly or partly within the roof
framing.
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Auction Hall
Means a building, a structure or parts thereof, or any lands or premises used for the storage of
goods or materials which are to be sold on the premises by public auction and for the sale of the
said goods and materials by public auction. An auction barn shall be included within this
definition.
Auditorium - see Place of Assembly
Auto Body Shop
Means a building or structure where painting, refinishing, restoration, alterations, or repairs are
made to motor vehicles and where the services are performed for gain or profit, but does not
include a wrecking or salvage yard or auto repair garage. [See Wrecking or Salvage Yard]
Auto Repair Garage
Means a building or structure for the storage, repair and servicing of motor vehicles or
recreational vehicles performed for gain or profit.
Automotive Sales Establishment
Means land or buildings used for the display, storage and sales or leasing, or renting of new
and/or used motor vehicles and recreational vehicles and related products, and may include
accessory uses such as an Auto Repair Garage and/or Auto Body Shop, as defined,
administrative offices and a customer lounge.
Automotive Service Station
Means a building and/or lot used for the sale of fuels or energy products, for motor vehicles or
recreational vehicles and may include an auto repair garage, the renting, servicing, repairing,
lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related
products, but shall not include any other automotive use defined in this By-law [see also Gas
Bar].
Automobile Washing Establishment
Means a building or structure containing facilities for washing motor vehicles by production line
methods and may include the incidental sale of fuel including but not limited to gasoline, diesel
fuel, propane, and natural gas. This definition shall also include a self-service car wash.
Automobile Wrecking Yard - see Wrecking or Salvage Yard
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Bakery
Means a building or part thereof for producing, mixing, compounding or baking bread, biscuits,
ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the
principal ingredient, but does not include a restaurant or other premises where any such product
is made for consumption on the premises or a bake shop.
Bake Shop
Means a retail store where bakery products are sold some or all of which may be prepared on the
premises.
Balcony
Means an open platform projecting from the face of a building's wall, cantilevered or supported
by columns or brackets and surrounded by a balustrade or railing.
Figure 3.1
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Bank
Means a chartered bank, finance company office, co-op, trust company, loan company or similar
establishment where money is deposited, kept, lent or exchanged.
Basement
Means that portion of a building between two floors which is partly underground but which has at
least one-half of its height from floor to ceiling above the adjacent finished grade [see Figure
3.1].
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used in
building or construction and includes but is not limited to facilities for the administration or
management of the business, the stockpiling of bulk materials used in the production process of
finished products manufactured on the premises and the storage and maintenance of equipment.
Bed and Breakfast Establishment
Means a private single detached dwelling in which guest rooms are provided for gain as
temporary accommodation on a daily basis for the travelling or vacationing public as an
accessory use and where the proprietor lives on the premises.
Bingo Hall
Means a building or part thereof used for bingo or a bingo event.
Boarding House or Rooming House
Means a dwelling within which a proprietor supplies for a fee, sleeping accommodation with or
without meals, for five (5) or more persons but does not include a bed and breakfast
establishment, a hotel, a hostel, a group home, or continuum-of-care facility.
Building
Means any structure used or intended for sheltering any use or occupancy. The word "building"
shall include the whole of such structure or part thereof and shall include any building types as
regulated by the Ontario Building Code.
Building, Accessory - see Accessory Building
Building Envelope
Means the buildable area on a lot, defined by all of the required yards and setbacks and the
maximum height provisions, within which a building can be erected [see Figure 3.2].
Building Height - see Height
Building Inspector or Building Official - see Chief Building Official
Figure 3.3
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Building, Main
Means a building in which is conducted the principle uses of the lot on which it is situated [see
Figure 3.3].
Building Line
Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum
Figure 3.2
Figure 3.3
Township of Evanturel Zoning By-law
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distance between that lot line and any portion of a building or structure which may be erected.
Building Separation
Means the least horizontal distance permitted between the nearest portions of the walls of any
buildings on a lot.
Building Supply Store or Depot
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing,
electrical, heating, hardware, air conditioning, home improvement and similar goods are stored,
displayed, or kept for retail or wholesale sale and may include a bulk storage yard. This definition
shall not include a wrecking yard.
Bulk Fuel Depot
Means lands, buildings and structures for the storage, distribution of fuels and oils but not
including retail sales or key lock operations.
Bulk Storage Yard
Means land or a lot used for the storage in the open or partially sheltered, of goods and materials
and without limiting the foregoing shall include lumber, building supplies, construction
equipment, but shall not include a wrecking yard.
Bunkhouse
Means a building designed or used for the accommodation of up to 30 workers and may include
sanitary facilities, a kitchen and sleeping accommodation.
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Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on a
temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or
other similar forms of recreation but does not include a seasonal dwelling.
Campground
Means an area of land, managed as a unit, providing short term accommodation or overnight
camping for tents, tent trailers, recreational vehicles or campers A campground may include
accessory uses, buildings and structures such as an accessory dwelling, laundromat,
convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other
goods or supplies and equipment
rentals that are accessory to the
operation of the campground.
Car Port
Means a structure open on at
least two sides and intended to
be used for the sheltering of one
or more motor vehicles. A car
port attached to the main
building is not an accessory
structure. [See Figure 3.4]
Car Rental Agency
Means the use of land, or
building or structure where motor vehicles are kept for lease and where such vehicles may be
dropped off or picked up.
Car Wash - see Automobile Washing Establishment
Catering Establishment
Means a commercial establishment or a home based business in which food and beverages are
prepared for consumption off the premises and are not served to customers on the premises.
Cellar
Means the portion of a building between two floors, which is partly underground and which has
more than one-half of its height from floor to ceiling below the finished grade [see also Basement
and Figure 3.1].
Cemetery
Figure 3.4
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Means a cemetery within the meaning and as regulated by the Cemeteries Act and includes a
mausoleum, columbarium or other building or structure intended for the interment of human
remains.
Chief Building Official
Means an officer or employee of the Corporation charged with the duty of enforcing the
provisions of the Building Code Act.
Church - see Place of Worship
Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis and
treatment of patients, by two (2) or more legally qualified medical professionals together with their
qualified assistants and without limiting the generality of the foregoing, the building may include
administrative offices, waiting rooms, laboratories, professionals (e.g. physicians, dentists,
optometrists, chiropodists, chiropractors or drugless practitioners), together with their qualified
assistants and without limiting the generality of the foregoing, the building may include
administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated
with the clinic, but shall not include accommodation for in-patient care or operating rooms for
surgery
Club, Private
Means a building or part of a building used as a meeting place by an association of persons who
are bona fide members, which owns hires or leases the building or part thereof, the use of such
premises being restricted to members and their guests for social, cultural, recreational, business or
athletic purposes.
Commercial Greenhouse, Nursery or Garden Centre
Means a building and/or outdoor area primarily used for the growing of flowers, sod, vegetables,
shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for wholesale or retail
sale on or off the premises and may include the incidental sale of gardening supplies, planting
materials fertilizers and equipment.
Commercial Parking Lot
Means a lot forming the principal use of the land which is used for the temporary parking of two
or more motor vehicles for profit or gain.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body and includes
ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used for hauling
purposes on the highway.
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Communications Facility
Means an installation which transmits, receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone tower,
radio or television broadcast tower or similar facility.
Community Centre - see Place of Assembly
Conservation Use
Means the use of lands which are intended to remain open in character with the priority use given
to preservation of their ecological uniqueness, wildlife production and their natural features and
may include non-commercial recreational uses only if conservation of the resource is not
jeopardized.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities for the
administration or management of the business and the stockpiling or storage of supplies used in
the business, but does not include the crushing of virgin or recyclable aggregates or materials and
the wholesale or retail sale of building supplies or home improvement supplies.
Continuum-of-Care Facility
Means a building or a group of buildings which may include a senior citizens apartments building,
a nursing home, a long-term care facility, home for the aged and facilities associated with, and
designed specifically to serve the senior or disabled population such as clinics, retirement homes,
recreation centres, cafeterias and personal service establishments, and may also include
independent senior's accommodation in separate structures/living units that share in services such
as meals. This definition does not include a group home, boarding house or chronic care facility.
Convenience Store or Confectionary Store
Means a retail store used primarily for the sale of grocery and confectionary items and incidentally
for the sale of such other merchandise or sundries as is required to fulfil the day-to-day needs of
the surrounding community and may include a video rental outlet.
Converted Dwelling - see Dwelling, Converted
Convention Facility - see Place of Assembly
Corporation
Means the Corporation of the Township of Evanturel except where reference is made in this By-
law to a private corporation, in which case the definition shall mean a body corporate with share
capital to which the Business Corporations Act applies.
Cottage Industry - see Home Based Business
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Council
Means the Council of the Corporation of the Township of Evanturel.
Coverage - see Lot Coverage
Crisis Care Facility
Means a building or part of a building which is used to provide for the supervised residency of
persons requiring immediate emergency shelter and aid for a short to interim period of time and
without limiting the generality of the foregoing, includes a facility for battered or abused adults
and/or children or elderly persons.
Custom Workshop
Means a building or part thereof where individual custom productions of goods or materials are
made but does not include any establishment where the manufacture of goods or materials is
performed on a mass production or assembly line basis nor any shop or factory otherwise defined
in this By-law.
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Day Lighting Triangle - see Sight Triangle
Day Nursery
Means an establishment governed by the Day Nurseries Act that receives more than five (5)
children who are not of common parentage, primarily for the purpose of providing temporary care,
or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-
four hours, where the children are, under eighteen years of age in the case of a day nursery for
children with a developmental disability, and under ten years of age in all other cases.
Deck
Means a structure abutting a dwelling or building with no roof or walls except for visual partitions
and railings which is constructed on piers or a foundation above-grade for use as an outdoor living
area.
Detached
When used in reference to a building or structure, means a building or structure which is not
structurally dependent on, nor adjoins on any side, any other building.
Dish Antenna - see Satellite Dish
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant or a
window or an automated machine, to persons remaining in motor vehicles that are in a designated
queuing space, and may be in combination with other land uses. Kiosks within a parking structure
necessary for the operation of the parking facility or kiosks associated with a surface parking area
are not considered drive through facilities.
Driveway
Means an unobstructed passageway used to provide access to a lot from a street or lane.
Dry Cleaning Establishment
Means a building in which the business of dry cleaning, dry dyeing, cleaning spotting, stain
removal, repair and/or pressing of articles and/or goods is carried on and may include a Dry
Cleaning Distribution Station.
Dry Cleaning Distribution Station
Means a building used for the purpose of receiving goods of fabric primarily for distribution to a
Dry Cleaning Establishment.
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Dwelling
Means a building or part of a building occupied or capable of being occupied as the home or
residence, or sleeping place, by one or more persons, where food preparation and sanitary facilities
are provided, but shall not include a hotel or motel.
Dwelling - Accessory
Means a fully-detached dwelling which is accessory to a permitted non-residential use.
Dwelling - Apartment
Means a building containing three (3) or more dwelling units but shall not include a row dwelling
[see Figure 3.5].
Dwelling - Accessory Apartment or Apartment-in-a-House
Means a separate and self-contained dwelling unit (e.g. includes cooking, sanitation and sleeping
facilities) in or added to a single detached dwelling unit.
Dwelling - Accessory Dwelling Unit
Means a self-contained dwelling unit which is part of an accessory to a permitted non-residential
building other than an auto service station or a commercial garage.
Dwelling - Bachelor Dwelling Unit
Means a dwelling unit consisting of one bathroom and not more than two habitable rooms
designed to provide living, dining, sleeping and kitchen accommodation in appropriate individual
or combination.
Dwelling - Converted
Means an existing single detached dwelling which has or may be altered or converted to contain
two (2) or more dwelling units but not more than four (4) dwelling units [see Figure 3.5].
Dwelling - Duplex
Means a building that is divided horizontally into two (2) dwelling units, each of which has an
independent entrance [see Figure 3.5].
Dwelling - Group or Group Housing or Group Housing Project
Means a combination of dwelling types (e.g. semi-detached, triplex, row housing, and
apartments) where there are two or more such dwellings located on the same lot, which lot is
retained under one ownership or registered and in compliance with the Condominium Act.
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Dwelling - Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured in
accordance with the CAN/CSA Z240 MH standard and designed to provide a permanent residence
for one or more persons, but does not include a park model trailer or recreational vehicle.
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Figure 3.5
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Dwelling -Park Model Trailer
Means a trailer as described under Section 9.39.1.1 of the Ontario Building Code as a
manufactured building used or intended to be used as a seasonal recreational building of
residential occupancy and not as the principal place of residence of the owner or occupier thereof.
Dwelling - Quadruplex
Means the whole of a dwelling divided vertically by common walls into four separate dwelling
units, each dwelling unit having two common walls.
Dwelling - Row or Townhouse
Means a building that is divided vertically into three (3) or more dwelling units, each of which has
an independent entrance at grade. [See Figure 3.5]
Dwelling - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal place of
residence of the owner or occupier thereof (e.g. cottage).
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling units by
a common wall [see Figure 3.5].
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit and shall include a modular home
[see Figure 3.5].
Dwelling - Triplex
Means a building on a single foundation divided into three (3) separate dwelling units, each of
which has an independent entrance either directly from the outside or through a common vestibule
[see Figure 3.5].
Dwelling Unit
Means one or more habitable room or suites of two or more rooms, designed or intended for use
by and occupied by one or more individuals as a household in which separate culinary and sanitary
facilities are provided for the exclusive use of such household, and with a private entrance from
outside the building or from a common hallway or stairway inside the building.
Dwelling Unit Area
Means the floor area of a dwelling unit measured within the interior faces of the exterior walls of
the dwelling unit. The unfinished floor area in the basement shall not be included in the
calculations of the dwelling unit area.
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Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of another.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Entrance
Means in reference to a lot, the area of intersection between a driveway and a street line.
Equestrian Establishment
Means the use of land, buildings and structures for operation of a horse riding academy or horse
riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery,
equipment, furniture and fixtures and other goods.
Equipment Sales, Service and Repair Establishment
Means a building or part of a building and land where machinery or equipment for use in
construction undertakings, commercial vehicles, and other similar goods are kept for sale at retail
or wholesale and which may be serviced washed or repaired and may include an auto body shop.
(Examples include farm equipment, back hoes, floats or trailers.)
Equipment and Vehicle Storage Yard
Means an uncovered area of land which is used for the storage of machinery and equipment for
construction undertakings, commercial vehicles, and other similar goods requiring large areas for
outside storage. Limited repair of such machinery, equipment, vehicles and goods may be
permitted in a building provided such repair is clearly incidental and secondary to the storage use.
Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the generality of the
foregoing shall be taken to include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
Established Building Line
Means the average setback from the street line of existing buildings on one side of one block
where more than one-half of the frontage of the same side of a block has been built upon [see
Figure 3.6].
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Established Grade
Means:
1. When used with reference to a building, the average elevation of the finished level of the
ground adjoining a wall of the building, measured along the length of the wall, exclusive
of any artificial embankments or berms or steps;
2. When used with reference to a structure, the average elevation of the finished surface of
the ground immediately surrounding such structure;
3. When used with reference to a street, road or highway, the elevation of the street, road or
highway established by a public authority.
Existing
Means existing as of the date of the passing of this By-law.
Exterior Side Lot Line - see Lot Line, Exterior Side
Exterior Side Yard - see Yard, Exterior Side
Figure 3.6
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Fairground
Means land, buildings and structures used for entertainment, agricultural and related exhibits,
competitive events, food concessions, a carnival or midway which are conducted on a seasonal or
temporary basis and may include grandstands, barns and other accessory buildings and structures
normally associated with such a use.
Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and other
staple crops. This definition shall also apply to land used for animal husbandry, dairying or wood
lots [see also Agricultural Use].
Farm, Hobby
Means land on which a farm may be operated primarily for recreational purposes or for home
consumption by the occupants of the dwelling on the same lot, and which is clearly secondary and
accessory to the permitted use. A hobby farm may also include a farm produce outlet.
Farm Produce Outlet
Means an accessory use to a farm which consists of the retail sale of agricultural products
produced on the farm where such outlet is located.
Farm Vacation Establishment
Means an accessory use in a private single detached dwelling in which guest rooms are provided
for gain as temporary accommodation on a daily basis for the vacationing public interested in
learning or participating in the operation of a farm.
Farmer's Market
Means land, buildings and structures used for the sale of farm products, crafts and other
merchandise of a local farming or rural community and designed for individual retailers.
Feed Mill
Means a building, structure or area used for the development and production and/or sale of animal
feeds.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other
similar materials or combinations of such materials which is erected for the purpose of screening,
safeguarding, retaining or enclosing property or delineating property lines.
Flea Market
Means:
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1. A building or part of a building where second hand goods, articles and antiques are offered or
kept for sale at retail to the general public but shall not include any other retail establishment
otherwise defined in this By-law;
2. An occasional or periodic market or sales event held in an open area, which may include a
street, or within a building or structure where independent sellers offer goods, new and used,
for sale to the public, but not including private garage sales;
3. A building or open area in which stalls or sales areas are set aside and rented or otherwise
provided, and which are intended for use by various unrelated individuals to sell articles that
are either home grown, homemade, handcrafted, old, obsolete, or antique and may include the
selling of goods at retail by businesses or individuals who are generally engaged in retail trade;
4. A building or open area where food preserves or fresh produce or prepared foods are sold, but
does not include a restaurant.
Flood Elevation or Floodline
Means a line established by a one in one hundred year storm as established by flood plain mapping
or by an appropriate public authority.
Flooding Hazards
Means the inundation of areas adjacent to a shoreline or river or stream system and not ordinarily
covered by water along river and stream systems, the flooding hazard is the greater of the flood
resulting from the rainfall experienced during a major storm such as the Timmins Storm (1961),
transposed over a specific watershed and combined with the local conditions, where evidence
suggests that the storm event could have potentially occurred over watersheds in the general area;
or the one hundred year flood; or a flood which is the greater of the above which was actually
experienced in a particular watershed or portion thereof as a result of ice jams and which has been
approved as a standard for that specific area by the Ministry of Natural Resources.
Flood Plain
For river stream and small inland lake systems, means the area, usually low lands adjoining a
watercourse, which has been or may be subject to flooding hazards.
Floor Area, Gross
Means the total area of all floors contained within a building measured between the exterior faces
of the exterior walls of the building and where there are no walls the total area of a floor within the
outer perimeter of the floor.
Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or above the established
grade excluding any basement or cellar, which area is measured between the exterior faces of the
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exterior walls at the floor level of such storey, but excludes car parking areas within the building;
and for the purposes of this paragraph the walls of an inner court are and shall be deemed to be
exterior walls.
Floor Area, Net
Means usable or habitable space above or below grade, measured from the exterior face of the
exterior walls of the building or structure but shall not include:
1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or
2. Any part of a building or structure below grade which is used for building services, storage
or laundry facilities; or
3. Any part of the building or structure used for the storage or parking of motor vehicles; or
4. Any part of a commercial shopping area used as a hall way, corridor passageway, utility
room, public washroom, balcony or mezzanine not otherwise used for the display or sale are
for merchandise.
Forestry Use
Means the general raising, management and harvesting of wood and shall include the raising and
cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and silva
culture practices.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Frontage - see Lot Frontage
Funeral Home
Means a building or part of a building wherein undertaking services are offered and may include
accessory activities such as the sale of caskets and funeral accessories, a chapel or parlour.
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Garage - Private
Means a single storey accessory building or portion of a main building including a carport
which is designed or used for parking or storage of motor vehicles of the occupants of the
premises and in which there are no facilities for repairing or servicing of such vehicles for
remuneration or commercial use.
Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery
Garden Suite
Means a one-unit detached residential building containing sanitary and kitchen facilities that is
accessory to an existing permanent residential building and that is designed to be portable, but
shall not include a mobile home, a park model trailer or a recreational vehicle.
Gas Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and a building,
structure or booth which may be used by a sales attendant for the sale of gasoline products and
convenience items including but not limited to beverages, prepared foods, newspapers, lottery
tickets sundries and may include other accessory features such as a comfort station and ATM.
[see also Automotive Service Station]
Golf Course
Means land, buildings and structures used a public or private area operated for the primary
purpose of playing the sport of golf but may also include such accessory buildings and structures
as are necessary for the operation and maintenance of the golf course including club house
facilities, a restaurant, banquet, conference and other uses of a social, recreational and
entertainment nature normally associated with golf course development.
Golf Driving Range
Means a commercial use of land that may be equipped with distance markers, clubs, balls and
tees which is designed for practicing golf shots.
Granny Flat - see Garden Suite
Green Energy Industries
Means a building or structure in which products are manufactured for the generation of
electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass). Products
manufactured by a renewable energy industry may include but are not limited to solar panels,
wind turbines, geothermal equipment, anaerobic digesters and parts or components thereof.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating staff) live
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together under responsible supervision consistent with the requirements of its residents for a
group living arrangement and which is licensed and/or approved under Provincial Statutes and in
compliance with municipal By-laws [see also Crisis Care Facility].
Guest Cabin
Means an accessory building, located on the same lot as the main building, which is used for
sleeping accommodation but does not contain any cooking facilities and may contain sanitary
facilities.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is used or
maintained for gain or hire by providing accommodation.
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Habitable Room
Means a room in a dwelling used or intended to be used primarily for living, dining, sleeping or
kitchen accommodation and may include a bathroom, den, library or enclosed sunroom but shall
not include any private garage, carport, porch, unfinished attic, unfinished basement or cellar.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring process
including lands in a flood plain or subject to a flooding hazard or erosion hazard.
Hazardous Substances
Means substances which individually, or in combination with other substances are normally
considered to pose a danger to public health, safety and the environment. These substances
generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive,
radioactive or pathological.
Height
Means the vertical distance between the established grade and:
1. In the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the
highest [see Figure 3.7A], or
2. In the case of all other types of roofs, the mean height level between the base of the roof and
highest point of the roof [see Figure 3.7B].
Where the height is designated in terms of storeys, it shall mean the designated number of storeys
above and including the first storey. A mezzanine floor or floors shall not be considered as
increasing the height of a building in storeys, provided that their aggregate area does not exceed
forty (40%) per cent of the area of a room or storey in which they are located, provided further,
that the space beneath the mezzanine is not enclosed and provided that the mezzanine overhang
does not exceed forty (40) per cent of the least dimension on any room in which it is located. 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, steeple,
church spire, antenna, ornamental dome, electrical apparatus, is not to be included.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall include all
necessary and accessory emergency services facilities, fuelling facilities and passenger and cargo
facilities.
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Herein
Means in this By-law, and shall not be limited to any particular section of this By-law.
Figure 3.7A
Figure 3.7B
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High Water 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.
Highway
Means an improved public road under the jurisdiction of the Provincial government.
Hobby Farm - see Farm, Hobby
Home for the Aged - see Continuum-of-Care Facility
Home Based Business
Means a privately operated legal occupation, enterprise or business which is carried out as an
accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any
employees and is compatible with a domestic household.
Home Industry
Means any privately operated legal occupation, enterprise or business which is carried out as an
accessory use to the main agricultural or rural residential use of a property and only by the
occupant thereof and any employees and is compatible with a domestic household.
Hotel
Means a building designed or used for the accommodation of the travelling or vacationing public,
containing therein five (5) or more guest rooms served by a common building entrance.
Accessory uses may include accommodation for permanent staff and one or more beverage
rooms, dining rooms, meeting rooms, restaurant or similar uses.
Hot Tub
Means a body of water located outdoors contained by artificial means, with mechanisms allowing
for the direction and/or adjustment of jets or warm water flowing in a rapidly rotating and circular
current, and which produces a depression or cavity in the centre, and includes tubs called "spas"
or "whirlpools."
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Industrial Use
Means the use of land, building or structures for the purpose of manufacturing, assembling,
making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing,
or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and
the storage of building and construction equipment and materials as distinguished from the
buying and selling of commodities and the supplying of personal services. This definition does
not include a mine, pit or quarry or obnoxious industry. Accessory uses may include
transportation, wholesaling, storage, shipping and receiving incidental to the industrial use.
1. Class I Industry - Light Industrial
Means a place of business for a small scale, self-contained plant or building which produces,
manufactures, assembles or stores a product which is contained in a package and has a low
probability of fugitive emissions e.g. noise, odour, dust and vibration. Such industries operate in
the daytime only with infrequent movement of products and /or heavy trucks and no outside
storage. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in
this By-law may be classified as such.
2. Class II Industry - Medium Industrial
Means a place of business for medium scale process and manufacturing with outdoor storage of
wastes or materials (e.g. it has an open process) and where there are periodic or occasional
outputs of fugitive emissions e.g. noise, odour, dust and/or vibration. Shift operations occur and
there is frequent movement of products and /or heavy trucks during daytime hours. 'Medium
Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may
be classified as such.
3. Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise, smoke,
odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such
uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses
which are intended to be secluded from residential or other sensitive land uses in order to limit
any potential adverse effects on the environment or the surrounding areas and public health.
'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this
By-law may be classified as such.
Institutional Use
Means any land, building, structure or part thereof used to provide non-profit or non-commercial
purposes for governmental, educational, charitable, fraternal or other public services.
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Junk Yard - see Wrecking Yard
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Kennel
Means a commercially operated building or structure where four (4) or more dogs over the age
of six months are kept, bred or boarded. [See also Animal Hospital]
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Landfill Site - see Waste Management Facility
Lane
Means a public thoroughfare other than a street or pedestrian way, improved or not, which has a
right-of-way width of 10 m or less and which provides a secondary means of access for vehicular
traffic to abutting lots and which is not intended for general traffic circulation.
Laundromat
Means a building where coin-operated laundry machines are made available to the public for the
purpose of laundry cleaning.
Livestock
Means animals associated with an agricultural use such as but not limited to cattle, horses, goats,
poultry, sheep, swine or the young thereof, raised for personal use or for commercial purposes.
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions, intended for
the keeping or housing of livestock and includes all manure or material storages and anaerobic
digesters. (Minimum Distance Separation Formulae Implementation Guidelines)
Livestock Sales Outlet
Means a building or structure where livestock are bought and sold.
Loading Space
Means a space or bay located on a lot or within a building which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise, or materials in connection with the use of the lot or any building thereon, and which
has unobstructed access not necessarily in a straight line to a street or lane.
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Logging Operation
Means an area of land and/or building of a logging contractor where equipment and materials are
stored and may include repairs to logging equipment.
Lot
Means a parcel of land which is capable of being legally conveyed in accordance with the
Planning Act.
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot excluding the
horizontal area of any flood plain or wetland area located on such lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of
the same street which have an interior angle or intersection of not more than one hundred and
thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be deemed to
be the angle formed by the intersection of the tangents to the street lines, drawn through the
extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that
point on the street line nearest to the point of intersection of the said tangents, and any portion of
a corner lot distant not more than 30 m (98.4 ft.) from the corner measured along the street line
shall be deemed to be an interior lot [see Figure 3.8].
Figure 3.8
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Lot Coverage
Means that percentage of land or lot area covered by buildings and structures above ground level
and which excludes that portion of such land or lot area which is occupied by a building or
portion thereof which is completely below ground level, and shall exclude a fence, a sewage
disposal system and an in-ground swimming pool.
Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines
are not parallel, "lot depth" shall mean the length
of a straight line joining the middle of the front lot
line with the middle of the rear lot line. If there is
no rear lot line, "lot depth" shall mean the length
of a straight line joining the middle of the front lot
line with the apex of the triangle formed by the
side lot lines [see Figure 3.9].
Lot Frontage
Means the horizontal distance between the side lot
lines. Where such side lot lines are not parallel, it
shall be the width of a lot measured between the intersections of the side lot lines with a line
equal to the front yard setback back from and parallel or concentric to the front lot line. Arc
distances shall apply on curved lines [see Figure 3.9].
Lot, Interior
Means a lot other than a corner or a through lot which has frontage on a street.
Lot Line
Means a boundary line of a lot or the vertical projection thereof:
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a street [see
Figure 3.8].
Lot Line, Front
Means:
1. In the case of an interior lot, the line dividing the lot from the street, street allowance or
private road;
2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front
lot line;
Figure 3.9
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3. 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 shall be deemed to be in the front line, and in the case of
both streets being under the same jurisdiction and of the same width, the lot line where the
principal access to the lot is provided shall be deemed to be the front lot line;
4. In the case of a lot with water access only, the front lot line shall be on the street side. In the
case of a through waterfront lot with water access only, the longest shoreline shall be deemed
to be the front lot line;
5. in the case of a private road, the lot line adjacent to the entrance shall be deemed to be the
front lot line;
6. In all other cases not described above, the front lot line shall be deemed to be where the
principal access or entrance to the lot is approved.
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.8].
Lot Line, Side Interior
Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a lot with
more than four sides, any lot line not otherwise defined as a front, rear or side lot line shall be
considered as an interior side lot line [see Figure 3.8].
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets and where such lot
qualifies as being both a corner lot and a though lot, such lot shall be considered as a corner lot
[see Figure 3.8].
Lot, Width
Means the average horizontal dimension between the two longest opposite sides measured on a
line 6 m [19.6 ft.] back from the front lot line and parallel to it.
Lot Width, Corner Lot
Means the horizontal distance between the longest front lot line and the opposite side lot line,
measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front lot line, except in
the case:
1. Where the front lot lines are curved, in which case, the lot width shall be calculated on the
basis that the street lot lines are deemed to be the tangents produced to their points of
intersection, from the points of intersection of the side lot lines and curved street lot line; or
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2. Where a corner lot indicates that a sight triangle has been removed or has a rounded corner,
in which case, the lot width shall be calculated on the basis that the front lot lines shall be
deemed to comprise the street lines produced to their point of intersection.
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Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or store a boat. This
definition may include a boat launching ramp, a boat lift, marine railway, a float hangar, dock or
boathouse, but does not include any building used for human habitation or a marina. A marine
facility shall also include a water intake facility and any flood or erosion control structure. No
part of a marine facility may be used as a dwelling unit.
Marine Retail Facility
Means a lot, building or structure or place where boats, boating accessories and other equipment
associated with a marine facility are sold and serviced.
Medical Clinic - see Clinic
Mine
Means a mine as defined in the Mining Act. Mining shall have a similar meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance of the
ground that has not been rehabilitated.
Mineral Aggregate Operation
Means:
1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance
with the Aggregate Resources Act, or successors thereto, or a pits and quarries control by-law
enacted under the Municipal Act; and
2. Associated facilities used in extraction, transport, beneficiation, processing or recycling of
mineral aggregate resources and derived products such as asphalt and concrete, or the
production of secondary related products.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with remaining
mineral development potential that has not been permanently rehabilitated to another use.
Miniature Golf Course
Means an area of land, building or structure or part thereof operated for profit or gain as a
commercial place of amusement in which facilities are provided to simulate the game of golf or
any aspect of the game on a small scale, but does not include a driving range.
Minimum Distance Separation Formulae I and II
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Means formulae developed by the Province to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities.
Mobile Home - see Dwelling - Mobile Home
Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or more
occupied mobile homes.
Mobile Home Lot or Site
Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a
mobile home or a permitted accessory use.
Mobile Home Yard
Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied
to a mobile home lot or site.
Modular Home
Means a single detached dwelling consisting of two or more modules which has been
prefabricated or manufactured in a factory remote from the site where it is intended to be used
and transported to the site for installation on a permanent foundation, but does not include a
mobile home.
Motel
Means a building or buildings designed or used for the accommodation of the travelling or
vacationing public, containing therein three (3) or more guest rooms, each guest room having a
separate entrance directly from outside and may include an accessory eating establishment but
does not include a bed and breakfast establishment.
Motor Home - see Recreational Vehicle
Motor Vehicle or Vehicle
Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm
tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include a snowmobile or a street car.
Municipality
Means the Township of Evanturel.
Museum
Means a building or buildings used, or to be used, for the preservation of a collection of paintings
and/or other works of art, and/or objects of natural history, and/or of mechanical scientific and/or
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philosophical inventions, instruments, models and/or designs, and dedicated or to be dedicated to
the recreation of the public, together with any libraries, reading rooms, laboratories and/or other
offices and/or premises used or to be used in connection therewith.
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Non-Complying
Means any existing building, structure or lot which does not comply with one or more of the
zone requirements and standards of this By-law.
Non-Conforming
Means any existing use, building, structure or lot which is not a permitted use in the zone where
such use, building or structure is located.
Non-Residential
Means a use, building or structure, designed intended or used for purposes other than those of a
dwelling or a residential use.
Nursing or Convalescent Home - see Continuum-of-Care Facility
Nursery - see Commercial Greenhouse, Nursery or Garden Centre
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Office
Means a building, structure or part thereof used or intended to be used in the performance and
transaction of business including administrative, clerical and professional activities but shall not
include the manufacturing of any product.
Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways,
patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or
aisles, loading spaces or manoeuvring areas and similar areas.
Open Storage
Means the storage of goods, merchandise or equipment outside of a building or structure on a lot
or portion thereof. This definition shall not include a storage use located in a building, a salvage
yard, a parking area, a loading space or a parking space.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area, loading
space or parking space which is used in conjunction with a business located within the building
or structure on the same property, for the display of goods, merchandise, equipment and seasonal
produce and products and may include garden supplies and Christmas trees, new merchandise or
the supply of services.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in
land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent
person, an executor, an administrator or a guardian.
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Park
Means an area of land, whether enclosed or not, which is devoted to recreational or leisure uses
including but not limited to a beach, playground, play field, athletic field, field house, community
centre, bleachers, swimming pool, wading pool, splash pad, greenhouse, botanical gardens,
zoological gardens, bandstand, skating rink, tennis courts, bowling green, boat livery, bathing
station, curling rink, refreshment concession, campground, fair ground, and conservation area.
Park Model Trailer (see Dwelling - Park Model Trailer)
Parking Area
Means a lot or portion thereof required in accordance with the provisions of this By-law for the
temporary storage or parking of motor vehicles accessory to uses in all zones, and includes the
storage or parking of three (3) or more motor vehicles, horses and buggies and includes a carport
or private garage and includes any associated driveways, aisles, pedestrian aisles, lanes or other
areas required for the movement or parking of motor vehicles but does not include a street or
lane, a lot for the sale or lease of motor vehicles or the storing or impounding of motor vehicles
or wrecked vehicles.
Parking Lot, Commercial - see Commercial Parking Lot
Parking Space
Means an area used for the temporary parking of one motor vehicle or one horse and buggy.
Parking Space, Barrier Free
Means a parking space for the temporary parking of a motor vehicle used by a handicapped or
disabled person.
Patio
Means a surfaced, open space of land at grade adjacent to a residential dwelling which is used as
an extension to the interior of the home for private entertainment or leisure activities and is
uncovered. In a commercial setting, a patio means a surfaced open space area at grade used in
conjunction with a restaurant where seating accommodation is provided and where meals and
beverages may be served and consumed and is uncovered.
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which permitted in the zone where such use is located.
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Person
Means an individual, an association, a chartered organization, a firm, a partnership, a corporation,
an agent or trustee and the heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
Personal Service Establishment
Means a building wherein a personal service is performed including but not limited to a barber
shop, beauty salon, aesthetician, shoe repair, photographic store, laundromat or a dry cleaning
distribution station but excludes a manufacturing or fabrication of goods for sale.
Pit
Means land or land under water from which aggregate as defined herein is being or has been
excavated in order to supply material for construction, manufacturing or industrial purposes, but
shall not include rehabilitated land or an excavation incidental to the erection of a building or a
structure for which a building permit has been granted by the Corporation, or an excavation
incidental to the construction of any public works.
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts and
craft shows, trade fairs, fashion shows, public meetings, banquets, conference meetings, civic,
political, social or religious activities a private club or a fraternal organization and similar
activities.
Place of Worship
Means a building or an open area dedicated to religious worship or activities and may include an
accessory dwelling, an accessory dwelling unit or other secondary meeting facilities and may
include accessory uses such as a church hall, auditorium, Sunday school , parish hall, rectory,
manse, cemetery.
Playground, Play Facility
Means a park or part thereof which is equipped with active recreational facilities oriented to
children. [See also Park]
Porch or Veranda
Means a covered entrance to a building usually with a separate roof and unenclosed and used as
an outdoor living space.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of
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bulk materials used in the process and which is not of permanent construction, but which is to be
dismantled at the completion of the construction process.
Portable Concrete Plant
Means a building or a structure with equipment designed to mix cementing materials, aggregate,
water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials
used in the process and which is not of permanent construction, but which is to be dismantled at
the completion of the construction process.
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the method, and
publishing of newspapers, periodicals, books, maps and similar publications and also includes the
sale and servicing of printing and duplicating equipment.
Private Club - see Club, Private
Private Garage - see Garage, Private
Private Road
Means a private right-of-way over private property which affords access to two or more abutting
lots and which is not maintained by a public authority.
Professional Office - see Office
Public Authority
Means the Township of Evanturel and any Boards or Commissions thereof, and any Ministry or
Department of the Governments of Ontario or Canada, or other similarly recognized public utility
or agencies established or exercising any power or authority under any special or general statute
and includes any committee or local authority established by By-law of Council.
Public Street - see Street
Public Utility
Means a water works or water supply system, sewage works, electrical power or energy
generating transmission or distribution system, street lighting system, natural or artificial gas
works or supply system, a transportation system, a telecommunications system, communications
facility and includes and lands, buildings or structures or equipment required for the
administration or operation of any such system and which is operated by a public authority or
publicly governed company.
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Quarry
Means any open excavation made for the removal of any consolidated rock or mineral including
limestone, sandstone or shale, in order to supply material for construction, industrial or
manufacturing purposes, but shall not include an excavation incidental to the erection of a
building or structure for which a building permit has been granted by the Corporation, or an
excavation incidental to the construction of any public works.
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Railroad Use
Means a building, structure or use normally associated with a railroad operation.
Reconstruction or Renovation
Means the repair and restoration of a previously existing building or structure to a safe
condition but shall not include its replacement.
Recreational Commercial Establishment
Means an establishment, building or structures where any recreational, social or cultural uses are
operated commercially for profit on lands in private ownership, such as health clubs, golf courses,
open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or
tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other
similar uses except as otherwise specifically defined in this By-law. [See also Bingo Hall]
Recreational Vehicle
Means any vehicle so constructed that is suitable for being attached to a motor vehicle for the
purpose of being drawn or is propelled by the motor vehicle and is capable of being used for
living, sleeping, eating or accommodation of persons on a temporary, transient or short term
basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor
home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a
motor home. For the purposes of this definition, a recreational vehicle shall be considered a
structure for the purposes of establishing setbacks only. A recreational vehicle shall not be
deemed to include a mobile home, a park model trailer or a modular home. The definition of a
recreational vehicle shall not be interpreted to include recreational equipment such as boats, boat
or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other
equipment used for recreational purposes and which are normally stored or parked on a lot.
Recreational Vehicle Campground - see Campground
Recreational Vehicle Sales and Storage
Means a building and/or lot which are used for the display, storage and/or sale of boats, and
recreational vehicles or recreational equipment.
Recreational Vehicle Repair Garage
Means a building used for the repair, servicing, painting, refinishing, restoration or alteration of
recreational vehicles and boats for gain or profit, but does not include a salvage yard
Recycling Depot or Transfer Station
Means a special waste management facility which only serves as a temporary storage site for
clean materials such as glass, paper, cardboard, plastic, metal and other similar products which
will be transferred to another location for reuse. This definition does not include any other type of
waste management system [See also Waste Management Facility].
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Redevelopment - see Development
Renovate
Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an existing
building. Renovation shall not include the removal of more than 50% of the walls (wall studs) in
a building. Renovation shall include the replacement of a foundation only where the foundation is
structurally unsound as determined by the Chief Building Official.
Residential Care Facility - see Continuum-of-Care Facility
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Restaurant
Means a building or structure where food is prepared and offered for sale to the public for
consumption within or outside the building or structure.
Retail Store
Means a building wherein goods, wares, merchandise, groceries, substances or articles are
offered for sale to the general public, and may include the limited storage of goods, wares,
merchandise, substances or articles, and shall not include any other use defined herein.
Retirement Home - see Continuum-of-Care Facility
Right-of-way - see Easement
Road - (see Street)
Room, Non-Habitable
Means any room located within a dwelling that is not a habitable room, including but so as not to
limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a porch, a recreation
room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any
space used for the service and maintenance of such dwelling or for vertical travel between
storeys.
Row House - see Dwelling, Row or Townhouse
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Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles,
motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or
abandoned. This definition may include a junk yard, a wrecking yard, a scrap metal yard, and an
automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or from a
satellite.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished lumber or as
an intermediary step.
Sawmill, Portable
Means equipment which is portable (e.g. may be drawn by a motor vehicle) and is used on a
temporary basis for the cutting of saw logs
School
Means a public educational establishment operated by a Board of Education [see also Institutional
Use].
School, Private
Means an educational establishment not operated by a public school board wherein teaching or
instruction is offered in such fields as academics, dancing, music, art, sports, business or trade,
and any other such specialized school conducted for gain, and also includes such fields as a studio
for photography and arts and crafts. A private school may be an elementary, secondary or adult
school. [See also School].
Seating Capacity
Means the number of persons which can be accommodated in a building or structure or part
thereof in a seated position on chairs, benches, forms or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in separate, secured
storage areas or lockers and may include the exterior storage of boats and water-related
equipment, recreational equipment and recreational vehicles.
Semi-Detached Dwelling - see Dwelling, Semi-Detached
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Sensitive Land Use
Means the use of or outdoor spaces where routine or normal activities occurring at reasonably
expected times would experience one (1) or more adverse effects from emissions or discharges
generated by nearby facilities and includes, but is not limited to, a dwelling, day nursery, or an
educational or health facility (e.g. school, hospital). A sensitive land use may be a part of the
natural or built environment.
Separation Distance
Means the horizontal distance between buildings or structures or physical features measured
from the closest point of the exterior wall of such building or structure, or of such physical
structure.
Septage
Means untreated sanitary waste from a septic tank, privy or holding tank.
Service Outlet or Shop
Means a building whether in conjunction with a retail store or not, used for the repair or
servicing of goods, commodities, articles or materials, but not the manufacturing thereof.
Automotive repairs and services are not permitted under this definition.
Setback
Means:
1. With reference to a street, the least horizontal distance between the front lot line and the
nearest building line.
2. With reference to a water body, the least horizontal distance between the high water mark
and the nearest building line.
3. With reference to a building, structure or land use and not applicable under paragraph (1) or
(2), shall mean the least horizontal distance from the building, structure or land use in
question; and
4. With reference to a private road, shall mean the least horizontal distance between the edge of
the travelled portion of the road and any building or structure, or the limit of the road as
shown and measured on a survey.
Sewage and Water Services
Means:
1. Private Communal Sewage Services
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Means a sewage works within the meaning of Section 1 of the Ontario Water Resources
Act that serves six or more lots or private residences and is not owned by the
municipality.
2. Private Communal Water Services
Means a non-municipal drinking-water system within the meaning of Section 2 of the
Safe Drinking Water Act, 2002 that serves six or more lots or private residences.
3. Individual On-Site Sewage Services
Means individual autonomous sewage disposal systems within the meaning of s.8.1.2
Ont. Reg. 403/97, under the Building Code Act, 1992 that are owned, operated and
managed by the owner of the property upon which the system is located.
4. Individual On-Site Water Services
Means individual, autonomous water supply systems that are owned, operated and
managed by the owner of the property upon which the system is located.
5. Municipal Water Services
Means a municipal drinking-water system within the meaning of Section 2 of the Safe
Drinking Water Act, 2002.
6. Partial Services
Means municipal sewage
services or private
communal sewage services
and individual on-site
water services; or
municipal water services or
private communal water
services and individual on-
site sewage service s.
Shooting Range or Rifle Club
Means land, buildings, structures
or premises used for recreational
target practice, skeet shooting,
pistol shooting, rim fire and centre
fire, a sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include
accessory facilities.
Figure 3.10
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Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, formed by the street
lines abutting a corner lot and a third line drawn from a point on a street line to another point on a
street line, each such point being the required sight distance from the point of intersection of the
street lines [See Figure 3.10].
Sign
Means any writing, letter work or numeral, any pictorial representation, illustration, drawing,
image or decoration, any emblem, logo, symbol or trademark or any device with similar
characteristics which:
1. Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and
2. Which is used to advertise, inform, announce,
claim, give publicity or attract attention.
Sleep Cabin - see Guest Cabin
Solar Collector
Means a device consisting of photovoltaic panels
that collect solar power from the sun. A solar
collector may be attached to a building or
structure or erected on a post(s).
Solarium
Means a glassed-in structure or room projecting
from an exterior or main wall of a building which
may be used for sunning, therapeutic exposure to
sunlight, or for a use where the intent is to optimize exposure to sunlight.
Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a drive-
through facility that is separated from other vehicular traffic and pedestrian circulation. Stacking
lanes may be separated by any combination of barriers, markings or signage.
Storage Container
Means a trailer portion of a tractor trailer unit or transport truck without the running gear, or shall
mean a rail or sea container or a manufactured portable or mobile storage unit.
Figure 3.11
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Storey
Means that portion of a building other than a cellar or basement included between the surface of
any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure
3.11]
Street
Means a public thoroughfare, road or highway affording principal means of access or entrance to
abutting properties, and which has been assumed by a public authority. Street allowance or road
allowance shall have a similar meaning.
Street, Improved
Means a street which has been constructed for the conveyance of vehicular traffic and is
maintained by a public authority.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and a street
or private road.
Structure
1. Means anything constructed or erected, the use of which requires location on the ground or
attached to something having location on the ground and, without limiting the generality of
the foregoing, includes a recreational vehicle, a sign, a fence, a swimming pool, a deck, an
individual on-site sewage services (i.e. septic tank ).
Studio
Means a building or part thereof used:
1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or
any similar artist or craftsman, where unique articles are made or fabricated and offered for
sale;
2. For the instruction of art, music, languages or similar disciplines. [See also School, Private]
Swimming Pool
Means an open or covered in-ground or above ground outdoor structure used for swimming,
wading, diving or recreational bathing which is at least 50 cm [19.6 inches] in depth, and may
include a hot tub or whirlpool or Jacuzzi or portable structure.
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Tavern
Means a "tavern" as defined by the
Liquor License Act.
Tea Room
Means a restaurant where the seating
capacity does not exceed 20 patrons.
Temporary Car Shelter
Means a non-permanent structure designed to be temporary, and is erected to provide shelter
primarily to a motor vehicle during winter months and shall be designed to be dismantled or
removed.
Top-of Bank
Means the break in slope between the bank and the surrounding terrain.
Tourist Commercial Retail Store
Means a retail store catering principally to the tourism industry.
Tourist Establishment
Means land buildings or structures used for the purpose of sleeping accommodation on a
temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast
establishment, and rental cottage or cabin where more than 3 such rental units occupy the same
property, including accessory uses such as dining, meeting and beverage rooms and similar uses.
Tourist Outfitters Establishment
Means land, buildings or structures operated throughout all or part of a year which may or may
not furnish overnight accommodation and facilities for serving meals and furnishes equipment,
supplies or services to persons in connection with angling, hunting, camping or other similar
recreational purposes.
Townhouse - see Dwelling - Row of Townhouse
Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle
Trailer Park - see Campground
Transfer Station (See Recycling Depot)
Transportation Depot or Truck Terminal
Means land buildings or structures where commercial vehicles are kept for hire, rental and/or
leased, or stored and/or parked for remuneration and/or from which such vehicles are dispatched
Figure 3.12
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for hire as common carriers and where such land, structure or building may be used for the
storage and/or distribution of goods, wares, and merchandise.
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Use or Used
Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or
maintained.
Use, Accessory - see Accessory Use
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Vehicle - see Motor Vehicle
Veterinary Establishment - see Animal Hospital
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video tapes and
may include the rental of video cassette recorders video cameras, video games, DVDs and similar
electronic devices.
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Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk storage
of goods, merchandise, or materials.
Waste Management Facility
Means land or a site which is licensed or approved by the Ministry of the Environment and/or its
agents where garbage, refuse, compost, domestic or industrial waste, excluding radioactive or
toxic chemical wastes is disposed of or dumped. This definition shall include waste transfer
stations and recycling depots [see also Recycling Depot].
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation
channel.
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open excavation on a
temporary basis for use by a public road authority solely for the purpose of a particular project or
contract of road construction and not located on the road right-of-way.
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open excavation on a
temporary basis for use by a public road authority solely for the purpose of a particular project or
contract of road construction and not located on the road right-of-way.
Welding Shop
Means a building or structure or part thereof where metal products are joined, repaired or shaped
by welding but no mass productions shall be involved.
Wetlands
Means lands that are seasonally or permanently covered by shallow water, as well as lands where
the water table is close to the surface. In either case the presence of abundant water has caused
the formation of hydric soils and has favored the dominance of either hydrophytic plants or water
tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit
wetland characteristics are not considered to be wetlands for the purposes of this definition.
Wholesale Establishment
Means a building or part of a building where goods, wares, merchandise or articles are stored in
bulk for sale in wholesale quantities but does not include premises where any goods, wares,
merchandise, substances or articles are offered or kept for sale at retail.
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Wind Farm
Means a collection of wind turbines all in the same geographical location which are used in
combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into mechanical
energy or electrical energy.
Wind Turbine, Commercial
Means a wind turbine where the mechanical or electrical energy is sold commercially for profit
or gain.
Workshop - see Custom Workshop
Wrecking Yard - see Salvage Yard
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Yard
Means an area of open land between a main wall of a building and a lot line that, except for
landscaping or accessory buildings and projections specifically permitted elsewhere in this By-
law, is unobstructed above grade [see Figure 3.13].
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of a main building closest to
the front lot line [see Figure 3.13].
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of the main building closest
to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the
intersection of the side lot lines to the closest point of the main wall of the main building [see
Figure 3.13].
Yard Sale
Means the occasional or infrequent sale (e.g. one or two days annually) of household goods,
clothing, furniture, tools, recreational equipment or other second hand articles or sundry items,
usually by the households on an individual property, and may include a joint sale by neighbours
on the same street or a joint sale at a school, a place of worship or other location.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of a building closest to
the side lot line [see Figure 3.13].
Yard, Side Exterior
Means a side yard adjacent to a street [see Figure 3.13].
Yard, Side - Interior
Means a side yard other than an exterior side yard [see Figure 3.13].
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Figure 3.13
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Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone Regulations" and
includes anything which is applicable to the zone or use.
Zoning Administrator
Means the officer, employee or such other person as may from time-to-time be designated by
Council charged with the duty of enforcing the provisions of this By-law.
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Section 4
GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law sets out regulations which apply regardless of the
specific zoning (Section 5). While the zones provide site specific controls corresponding to such
items as permitted uses and other restrictions, the General Provisions provide regulations more
general in nature, applying to a variety of uses regardless of zoning. Development must comply
with all applicable provisions in the General Provisions in addition to the requirements of the
specific zone standards set out in Section 5.
4.1
Accessory Buildings, Structures and Uses
4.1.1 General
Where a lot is devoted to a permitted use, customary accessory uses, buildings and
structures are authorized except:
1. All accessory uses, buildings and structures to a permitted principle use shall be
located on the same lot and in the same zone as the principle use.
2. The use of any accessory building for human habitation is not permitted except where
specifically listed as a permitted use.
3. Accessory uses, buildings and structures shall not be erected or established prior to
the erection or establishment of the main building or use.
4. No accessory use shall be erected closer to the front lot line or the exterior side lot
line than the minimum front yard and external side yard setbacks required for the
main building. This provision shall be exempted for:
a. A shelter for use by children waiting for a school bus, if such use is located in
a Rural Zone (R) or an Agriculture Zone (A);
b. Any farm produce outlet if such structure is located in a Rural Zone (R) or an
Agriculture Zone (A);
c. A freestanding satellite dish or solar panel (but not including a
communications facility);
d. A sign erected in compliance with the provisions of this By-law or a By-law
enacted under the Municipal Act;
e. A temporary car shelter;
provided that all such structures are set back a minimum of 3m [9.84 ft.] from the
front lot line or exterior side yard lot line.
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5. Common semi-detached garages or carports may be centred on the mutual side lot
line.
4.1.2
Swimming Pools
Private swimming pools, both above-ground and in-ground and both open and covered,
shall be permitted subject to the By-laws of the Municipality regarding swimming pools
and the following requirements:
1. Outdoor Open Pools
a. Any building or structure, other than a dwelling, required for changing
clothing or pumping, filtering or storage or any similar purposes shall comply
with the provisions respecting accessory uses and structures.
b. No part of an outdoor swimming pool including an associated apron or
platform which is in a front or side yard shall be constructed closer to a street
line than the requirements for a main building in the zone within which it is
located nor closer to the lot line in a rear yard than the minimum distance
required for an accessory use or structure, and;
c. Notwithstanding the foregoing, outdoor swimming pools which are accessory
to hotels and motels may be located in the front yard provided the swimming
pool meets all other requirements of this By-law.
2. Indoor Swimming Pools
Indoor pools shall comply to the accessory building requirements contained in
subsection 4.1.1 or to the zone requirements where the pool is part of the main
building.
4.2
Bed and Breakfast Establishments
A bed and breakfast establishment shall be permitted as an accessory use to any permitted single
detached dwelling subject to the following requirements:
1. The use of the dwelling as a bed and breakfast establishment shall not change the residential
character of the dwelling.
2. A bed and breakfast establishment shall only be permitted where listed as an accessory use
in the zone in which the lands are located.
3. Bed and breakfast establishments shall not be subject to the home based business
requirements of Section 4.12 of this By-law.
4. The requirements of the local Health Unit, where applicable, can be met.
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5. One (1) sign may be permitted to advertise the bed and breakfast establishment that shall not
exceed 1 m2 [10.76 ft2] in surface area and shall not be back-lit. The permitted sign may be a
freestanding sign in a front or side yard or may be attached to a wall of a permitted building
or structure. The sign may be illuminated by lights where the illumination is directed directly
onto the sign.
6. A breakfast service shall be provided to guests.
7. The building in which the bed and breakfast establishment is located shall comply with all
applicable Building Code and Fire Code regulations.
8. The bed and breakfast establishment shall comply with the parking regulations of Section
4.23 of this By-law.
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality or shall be moved
from outside the Municipality into the Municipality unless the building or structure is a permitted
use and satisfies all the requirements of the zone in which it is to be located.
4.4
Change of Use
A use of lot, building or structure which, under the provisions hereof is not permissible within the
zone in which such lot, building or structure is located, shall not be changed except to a use which
is permissible within such zone or as otherwise authorized by the Committee of Adjustment under
Section 45(2) of the Planning Act.
4.5
Cumulative Standards
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. (Example: where a lot is to be developed for a commercial use and an accessory dwelling,
the number of parking spaces required would include the combined total of those for the
commercial use plus those for the dwelling.)
4.6
Established Building Line in Built-up Area
Notwithstanding any other provision or regulation of this By-law, in any Residential Zone (see
Section 5.2 for list of zones), the front yard setback for a residential building to be constructed
between existing buildings or adjacent to existing buildings which are separated by no more than
60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing
residential buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.1].
4.7
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is
being made to one or more of the standards of that zone for a specific area governed by the By-
law. All other provisions of the By-law shall continue to apply. A number after the "-X" (e.g. R-
X1) indicates the order of the various exception zones.
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4.8
Flood
Plain
No dwelling
shall be
constructed or
extended or
expanded
below the
regulatory
flood elevation
of any water
body and no
person shall
use any land or
erect, alter or
use any
building or
structure in the flood plain of any water body except in accordance with the following provisions:
4.8.1 Permitted Uses Within the Flood Plain
1. Buildings or structures intended for flood or erosion control or slope stabilization;
2. Conservation Use excluding any buildings or structures;
3. Forestry Use excluding any buildings or structures;
4. Parks excluding any buildings or structures;
5. Hydro-electric generating facilities;
6. Marine Facility;
7. Marina; and
8. Infrastructure incidental to a water supply or waste water treatment facility such as a
water intake or sewer outfall but not including the main building of a water filtration
plant or waste water treatment facility.
4.8.2 Prohibited Uses
Buildings and structures shall not be permitted to locate in hazardous lands where the
use is:
Figure 4.1
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1. An institutional use associated with hospitals, a day nursery, a continuum-of-care
facility, and a school, where there is a threat to the safe evacuation of the sick, the
elderly, persons with disabilities or the young during an emergency as a result of
flooding, failure of flood proofing measures or protection works or erosion.
2. An essential emergency service such as that provided by fire, police and ambulance
stations and electrical substations, which would be impaired during an emergency as a
result of flooding, the failure of flood proofing measures and/or protection works,
and/or erosion; and
3. Associated with the disposal, manufacture, treatment or storage of hazardous
substances.
4.8.3 Flood Plain Zoning Standards
1.
No building or structure shall be erected closer than 30 m [98.4 ft.] from the flood
elevation of 191.11 m [627.0 ft.] of the Englehart River nor within 30 m [98.4 ft.]
from the top-of-bank within any area shown as a Natural Hazard Overlay whichever
is the greater setback.
2.
Where no flood elevation or flood line has been established, the setback from the
high water mark shall be 30 m [98.4 ft.].
4.9
Frontage on a Street
No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected has sufficient frontage on an improved street.
4.9.1 Exemptions
Despite the above frontage on an improved street shall be exempted:
1. For a dwelling located on an existing private road.
2. A resource related use on Crown Land.
3. A communications facility.
4. A public utility.
5. A wayside pit or quarry.
6. Any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking,
mountain biking or similar activities.
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4.9.3
Exception for Existing Agreements
1. Despite Section 4.9.1 where a maintenance or subdivision agreement exists between
the Municipality and a land owner and is registered on title, frontage on an
unassumed, unopened or unmaintained public right-of-way shall be deemed to comply
to the provisions of this section, provided that such frontage is in conformity with the
standards set out in the corresponding zone or any exception thereto.
2. Despite Section 4.9.1, where a legal right-of-way registered on title and provides for a
right-of-way to an existing lot which is developed for a single detached dwelling or
seasonal dwelling as of the date of approval of this By-law, such uses shall be deemed
to comply with the provisions for access of this By-law.
4.10 Garden Suites
Subject to the passing of Site Specific Temporary Use By-law under Section 39 of the Planning
Act, a garden suite shall be permitted as an accessory dwelling to a permitted main residential use
provided that the minimum lot area is 450 m² [4,844 ft²] in area, that the maximum net floor area
is 50 m² [538 ft.²], that the maximum height of the Garden Suite is 6 m [19.6 ft.] or the average
height of the main buildings on the subject and abutting lots, whichever is the lesser, that the
garden suite is located in a rear yard or interior side yard and meets the minimum yard and lot
coverage requirements set out in the corresponding zone and is set back a minimum of 3 m [9.8
ft.] from any rear yard or side lot line.
4.11 Group Homes
A group home shall be permitted in all zones that allow residential uses.
4.12 Home Based Businesses
4.12.1 Scope of Permitted Home Based Businesses
The following home based businesses shall be permitted in any R1, R2, or R3 Zone or
urban zone which permits a home based business:
1. Professional and consulting services including but not limited to an architect,
engineer, financial advisor, accountant, consultant, legal services, physician,
teleworker.
2. Instructional services including but not limited to music lessons, dance, art, academic
tutoring.
3. Home craft businesses including but not limited to quilter, potter, jeweler,
painter/visual artist, small scale assembler.
4. A Day nursery.
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5. Distribution sales office or mail order sales including but not limited to cosmetics,
clothing or small household appliance.
6. An office for a contractor and trades plumber, electrician.
7. Repair services including but not limited to small appliances, computers and not
including auto repair and similar services.
8. High technology uses including but not limited to internet services, office call centre
services, desktop publishing, computer hardware and software development.
9. Personal care services including but not limited to a hairdresser, barber, massage
therapist, aesthetician.
10. Sale of bait for recreational fishing purposes.
11. Pet grooming, but not including overnight keeping of animals.
12. A Catering establishment.
13. A Studio.
4.12.2 Zone Requirements for Home Based Businesses
1. The home based business shall be clearly accessory to the main permitted residential
use.
2. A maximum of two (2) home based businesses shall be permitted.
3. The residential external character of the dwelling shall not be changed.
4. The business(es) shall be conducted entirely within the dwelling.
5. One (1) sign may be permitted to advertise a home based business provided that the
sign shall not exceed 1 m2 [10.76 ft2] in surface area and shall not be back-lit. The
permitted sign may be a freestanding sign in a front or side yard or may be attached
to a wall of a permitted building or structure. The sign may be illuminated by lights
where the illumination is directed directly onto the sign.
6. The business(es) shall be legal and must have obtained the necessary permits or
licenses from the Corporation and any other applicable government body having
jurisdiction.
7. A business shall have the approval of the Corporation or the Ministry of the
Environment or its agent for any required on-site water and sewage disposal system.
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8. The home based business(es) shall cumulatively not occupy more than 25% of the net
floor area of the dwelling.
9. No outdoor storage shall be permitted.
10. A maximum of three (3) parking spaces shall be permitted in addition to the required
parking for the residential use.
11. A maximum of two (2) commercial vehicles may be parked on-site.
4.13 Home Industries
4.13.1 Scope of Permitted Home Industries
The following home industries shall be permitted in any Rural (R) or Agriculture (A)
Zone or any non-residential zone which permits a residential use:
1. Any of the home based businesses listed in Section 4.12.1.
2. Any secondary use to a permitted agricultural use including a home based business
(as set out above), uses that produce value-added agricultural products from the farm
operation on the property, a farm produce outlet, a welding or repair shop, commercial
school bus or commuter transportation service, a retail outlet for farm supplies and
machinery or other home industry.
3. The sale of firewood.
4. An appliance repair.
4.13.2 Zone Requirements for Home Industries
1. The home industry shall be clearly accessory to the main permitted residential use.
2. A maximum of two (2) home based businesses or home industries or a combination
thereof shall be permitted.
3. The residential external character of the dwelling shall not be changed.
4. The business(es) may be conducted within the dwelling or may be located in an
accessory building or a combination of both if located in a (R) or (A) zone.
5. One (1) sign may be permitted to advertise a home industry provided that the sign
shall not exceed 1 m2 [10.76 ft2] in surface area and shall not be back-lit. The
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permitted sign may be a freestanding sign in a front or side yard or may be attached
to a wall of a permitted building or structure. The sign may be illuminated by lights
where the illumination is directed directly onto the sign.
6. The business(es) shall be legal and must have obtained the necessary permits or
licenses from the Corporation and any other applicable government body having
jurisdiction.
7. A business shall have the approval of the Corporation or the Ministry of the
Environment or its agent for any required on-site water and sewage disposal system.
8. The home industry(ies) shall cumulatively not occupy more than 25% of the net floor
area of the dwelling. Where the business is located in an accessory building the net
floor area occupied by the business shall not exceed 112 m2 [1,206 ft.2].
9. Outdoor storage may be permitted for the sale of firewood and for materials and
equipment related to the business, only if fully screened by an opaque perimeter fence
1.8 m [6 ft.] in height provided the horizontal area covered does not exceed 50 m2
[538.2 ft.2].
10. A maximum of three (3) parking spaces shall be permitted in addition to the required
parking for the residential use.
11. A maximum of two (2) commercial vehicles may be parked on-site.
4.14 Kennel
A kennel shall only be permitted as an "Exception Zone" to the Rural (R) or Agriculture (A) Zone.
4.15 Land Suitability For Use
Despite any other provision of this By-law, no habitable building or structure shall be erected,
altered or used on land which is unsafe for development by reason of unstable bedrock, unstable
soils, steep slopes, low lying or marshy conditions, or unstable character.
4.16 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of the Building
By-law or any other By-law in force within the Municipality or from obtaining any permit,
license, permission, authority or approval required by this or any other By-law of the Township of
Evanturel or by any other provincial or federal law in force from time to time.
4.17 Loading Requirements
For every building or structure hereafter erected for a commercial, institutional or industrial use,
involving the frequent shipping, loading or unloading of persons, animals, wares, merchandise or
other goods, there shall be provided and maintained loading facilities or spaces in accordance with
the following requirements:
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1. Each loading space shall have a minimum height clearance of 4.5 m [14.7 ft.] and shall be at
least 4 m [13.1 ft.] wide by 14 m [45.9 ft.] long.
2. Loading spaces shall be located inside a building or structure, an open rear yard, or an open
side yard, on the same lot on which the main use is located, provided such a loading space
shall be in an area whose distance from a lot line to a building or structure is not less than 3 m
[9.84 ft.] or 6 m [19.6 ft.] from the boundary of any residential zone and shall have
unobstructed ingress and egress to and from a street by means of a driveway, land or aisle of a
minimum width of 3.5 m [11.4 ft.].
3. The number of required loading spaces shall be based on net floor area of the building or
structure as follows:
a. One (1) loading space for 0 - 500 m2 [5382.1 ft.2] of net floor area.
b. Two (2) loading spaces for 500 - 2000 m2 [5382.1 ft.2 - 21,505 ft.2] of net floor
area.
c. Three (3) loading spaces for over 2000 m2 [21,505 ft.2] of net floor area.
4. The loading space requirements stated in 3 (a) - (c) shall not apply to buildings or structures
in existence as of the date of passing of this By-law but shall apply to areas of any expansion
or enlargement to such buildings or structures for which building permits have been issued
after the date of passing of this By-law.
4.18 Mine Hazards
No person shall use any lands identified as having a mine hazard.
4.19 Minimum Distance Separation and Special Setbacks
Notwithstanding anything in this By-law to the contrary, no person shall use any land, building or
structure unless the use, building or structure complies with the following:
1. Waste Management Facility
a. No sensitive land use shall be permitted within 500 m [1,640 ft.] of a waste management
facility measured from the lot line of the sensitive land use to the lot line of the waste
management facility.
b. No development or land use shall be permitted within 30 m [98.4 ft.] of the (licensed) fill
area of an active waste management facility.
c. No waste management facility shall be permitted within 30 m [98.4 ft.] from any
watercourse, lake or pond.
d. In addition no waste management facility shall be permitted on land covered by water or
in any area subject to flooding (see Section 4.8).
2. Pits and Quarries
a. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone boundary of a
pit measured as the shortest horizontal distance between the lot line of the sensitive land
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use and the zone boundary of the pit or the nearest face of the excavation, whichever is the
closest.
b. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry measured as
the shortest horizontal distance between the lot line of the sensitive land use and the zone
boundary of the quarry or the nearest face of the excavation, whichever is the closest.
3. Industrial Uses
a. Class I Industrial - Light Industrial: The minimum separation distance from a sensitive
land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured as the
shortest horizontal distance between the lot line of the sensitive land use to the lot line of
the Class I Industrial Use.
b. Class II Industrial - Medium Industrial: The minimum separation distance from a
sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be
measured as the shortest horizontal distance between the lot line of the sensitive land use
to the lot line of the Class II Industrial Use.
c. Class III Industrial - Heavy Industrial: The minimum separation distance from a
sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be
measured as the shortest horizontal distance between the lot line of the sensitive land use
to the lot line of the Class III Industrial Use.
d. Where an industrial use or sensitive land use is an existing use and an expansion or
extension is proposed, the minimum separation distance shall be measured from the
nearest main wall of the building or structure occupied by the sensitive land use and the
nearest main wall of the building, structure, processing area, assembly or manufacturing
area occupied by the industrial use.
4. Minimum Distance Separation Formulae I and II
a. The Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food
and Rural Affairs shall apply to new or expanding livestock facilities and the
establishment of residential uses or vice versa on properties adjacent or in proximity to
livestock operations.
b. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac] created after the
date of passing of this By-law shall comply with the Minimum Distance Separation
Formulae I as amended by the Province from time to time, where applicable. The
Minimum Distance Separation Formulae I shall not apply to lots of record 1 ha [2.47 ac]
or less.
c. Despite anything in this By-law to the contrary, where an existing sensitive land use that
does not comply with the Minimum Distance Separation Formulae I is destroyed or
rendered uninhabitable by fire or other natural cause, the building or structure may be
reconstructed where the new building or structure is located no closer to a livestock
facility than the original building or structure and the gross floor area and height are not
increased.
d. Despite paragraphs 4. a. - c. above, the Minimum Distance Separation Formulae I and
II shall not apply to sensitive land uses located within an urban settlement area.
5. Water Bodies
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Subject to Section 4.8, the minimum setback from the high water mark for dwelling, a non-
residential or accessory building or structure or an individual on-site sewage service shall be
30 m [98.4 ft.] except for a marine facility The setback shall be measured as the shortest
horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile
bed to the high water mark.
6. Wetland
No dwelling, non-residential or accessory building or structure or an individual on-site
sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of a significant
wetland or fish habitat.
4.20 Non-Conforming Uses
1. Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or structure for
any purpose prohibited by the By-law if such land, building or structure was lawfully used for
such purpose on the day of the passing of the By-law so long as it continues to be used for that
purpose. The non-conforming use of any land, building or structure shall not be changed
except to a use which is in conformity with the provisions of the zone in which the land,
building or structure is located, or without permission from the Committee of Adjustment
pursuant to the Planning Act.
2. Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure for which
a building permit has been issued under the Building Code Act prior to the passing of this 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 and provided the permit has not been revoked under the
Building Code Act.
3. Road Widening
Nothing in this By-law shall prevent the use of any land, building or structure or the erection
of any building or structure on a lot which does not comply to the minimum lot frontage
and/or lot area and/or front yard setback and in the case of a corner lot, the exterior side yard
setback, as a result of a road widening taken by the Township of Evanturel or the Ministry of
Transportation of Ontario, provided all other requirements of this By-law are complied with.
4. Reconstruction of Existing Use
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition of
any non-complying building or structure which is destroyed or rendered uninhabitable by fire
or other natural cause, provided the height and gross floor area are not increased, and the new
building or structure is erected or on the same building footprint. An existing non-complying
building or structure may be renovated only, provided the renovation does not further reduce
any zoning requirements or increase the gross floor area.
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5. Addition to Existing Building or Structure
Nothing in this By-law shall prevent the extension or addition to a building or structure which
is used for a purpose specifically permitted within the zone in which such building or structure
is located and which building or structure existed at the date of passing of this By-law but
which building or structure does not comply with one or more of the zone requirements of this
By-law, provided such extension or addition does not further reduce the requirements of this
By-law.
6. Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage
and/or lot area than is required by this By-law is held under distinct and separate ownership
from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on
the date of the passing of this By-law, it may be used for a purpose permitted in the zone in
which the said lot is located, provided that no such lot has a lot area of less than 1,400 m2
[15,069.9 ft.2] in a Rural (R) or Agriculture (A) Zone or cannot be adequately serviced with
water and sewage services and provided all other applicable provisions in this By-law are
complied with.
4.21 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, or parts
thereof:
1. Any private garage or other building or structure which is accessory to a residential use.
2. Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels.
4.22 Open Storage and Outdoor Display
No person shall use any lot or part thereof for open storage, or outdoor display except as
permitted by this By-law and as an area which has been specifically designed and set aside for
such purpose, is fully integrated with the main use of the lot and is in accordance with the
following:
1. Open storage shall not be permitted within any required front yard and no closer than 5 m
[16.4 ft.] to any interior side lot line or rear lot line.
2. Where open storage areas abut a Residential Zone (see Section 5.2 for list of zones), the
required setback of the open storage area shall be increased 10 m [32.8 ft.] and shall also be
visually screened from any residential use.
3. An outdoor display area shall be permitted as an accessory use to any permitted commercial
use, industrial use or public service use provided that the outdoor display area does not
reduce any required parking area or loading space required by this By-law. All outdoor
display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior
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side lot line. Despite the above, seasonal sales of Christmas trees or a temporary (i.e.
weekend) or a yard sale shall be permitted to occupy a designated parking area.
4.23 Parking, Storage of Motor Vehicles and Drive-Through Facilities
4.23.1 General
1. Except as provided herein, no motor vehicles shall be parked or stored in any zone
(see Section 5.2 for list of zones) unless the motor vehicle is located within a garage,
carport, driveway, parking area, on a street as permitted by Municipal By-law.
2. No parking space in a Residential Zone (see Section 5.2 for list of zones) shall be
used for the outdoor parking or storage of a motor vehicle unless such motor vehicle
is used in operations incidental to the residential use of the lot on which it is parked or
stored and bears a motor vehicle license plate or sticker which is currently valid.
3. Any recreational vehicle which is self-propelled or does not require to be transported
on a trailer shall be permitted in a Residential Zone (see Section 5.2 for list of zones)
provided it is parked in a permitted parking space or is located in an interior side yard
or rear yard.
4. Each standard parking space or vehicle space in a stacking lane shall have a
minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and each
barrier-free parking space shall have a minimum width of 3 m [9.8 ft.] and a
minimum length of 6 m [19.6 ft.].
5. Unless permitted elsewhere in this By-law, where two or more uses are permitted in
any one building or structure on any lot, then the off-street parking requirements for
each use shall be calculated as if each use is a separate use, and the total number of
off-street parking spaces so calculated shall be provided.
6. The requirements for parking spaces shall not apply to any building or structure in
existence at the date of passing of this By-law so long as the gross floor area, as it
existed at such date, is not increased and no change in use occurs. If an addition is
made to the building or structure which increases the gross floor area or a change in
use occurs than parking spaces for the addition or area changed in use shall be
provided.
7. Supplementary requirements for parking spaces for dwellings in Residential Zones
(see Section 5.2 for list of zones) shall be as follows;
a. The driveway and parking space shall be constructed of crushed stone, asphalt
paving, concrete, paver stones or similar materials.
b. No more than fifty percent (50%) of the area of any required front yard shall be
used or constructed as a driveway or parking space.
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c. No more than fifty percent (50%) of the lot frontage as defined by this By-law
shall be used or constructed as a driveway or parking space.
8. Supplementary requirements for a parking area for more than four motor vehicles
shall be as follows:
a. The parking area shall be constructed of crushed stone, asphalt paving, concrete,
paver stones, or similar materials.
b. Ingress and egress directly to and from every parking space shall be by means of
a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for two-way
traffic and 4 m [13.1 ft.] for one-way traffic where parking is angled.
c. A driveway or lane which does not provide ingress and egress directly to a
parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for
one-way vehicular circulation or 6 m [19.7 ft.] where designed for two-way
vehicular circulation.
9. Where the calculation of the minimum number of parking spaces required results in a
fraction, the minimum requirement shall be the next higher whole number.
4.23.2 Barrier Free Parking
One barrier free parking space shall be required for any use requiring 10 standard
parking spaces or more and barrier free parking spaces shall be provided at a ratio of one
barrier free parking space for each 25 standard parking spaces and shall be included as
part of the total number of standard parking spaces required.
4.23.3 Stacking Lanes
Stacking lanes for any drive-through facility shall be designed to accommodate twelve
(12) vehicles.
4.23.4 Schedule for Parking Requirements
In any zone, the owner or occupant of any building or structure erected, enlarged or
changed in use after the date of passing of this By-law shall provide off-street parking
spaces in accordance with the minimum number of parking spaces set out in Table 4.23A
as follows:
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Table 4.23A - Schedule for Parking Requirements
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Residential:
Accessory dwelling
Converted dwelling
Mobile home
Park Model Trailer
Seasonal dwelling
Semi-detached dwelling
Single-detached dwelling
2 spaces per dwelling unit
Residential:
apartment dwellings
apartment-in-a-house
multiple dwelling
quadraplex dwelling
row or townhouse
triplex dwelling
1.5 spaces per dwelling unit, 15% of which shall be
reserved as visitor parking
Residential:
bachelor dwelling unit
senior citizen dwelling
1 space per dwelling unit or 1 space per 38 m2 [409
ft.2] whichever is greater
Animal Hospital
1 space per 30 m2 [322.9 ft.2] of gross floor area
Auto body shop, auto repair shop, automotive service
station, gas bar
3 spaces per service bay plus
1 space per employee; minimum 6 spaces
Assembly hall, auction hall, auditorium, banquet
facility, dance hall, entertainment establishment,
stadium, theatre and similar places of assembly, place
of worship
The greater of 1 space for every 4 seats or 1 space for
every 12 m2 [129.1 ft.2] of assembly space
Bed and Breakfast Establishment
1 space for each guest room available to the travelling
public in addition to the required parking for the
dwelling
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Table 4.23A - Schedule for Parking Requirements
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Building supply store, lumber yard, garden centre,
nursery, equipment and vehicle storage yard
1 space for each 22 m2 [236.8 ft.2] of gross floor area
and
1 space for each 35 m2 [376.2 ft.2] of open storage
Clinic
3 spaces per medical practitioner
Continuum-of-Care Facility
1 space for every 6 patient beds plus
1 space for every 4 employees
Convenience store
1 space per 18 m2 [193.7 ft.2] of gross floor area
Crisis Care Facility
2 spaces minimum in addition to the required parking
for a dwelling or if not located in a dwelling, 1 space
per 38 m2 [409 ft.2] of gross floor area
Day nursery
1 space per employee and 1 space per 5 children or 1
space for every 15 children registered or fraction
thereof
Drive-through facility
1 parking space per 10 m2 [107.64 ft.2]
Equipment Rental Establishment, Equipment Sales
Establishment, Equipment Service and Repair
Establishment
1 space per 35 m2 [376.7 ft.2] of open storage or gross
sales area plus 1 space per employee
Funeral Parlour
30 parking spaces for the first 30 m2 [322.9 ft.2] of
gross floor area plus 1 space for each additional 15 m2
[161.4 ft.2] of gross floor area
Garden centre and nursery
1 space per 30 m2 [322.9 ft.2] of gross floor area
General business, antique store, bake shop, bank, retail
store, grocery store, commercial and personal service
establishment, dry cleaning establishment office,
meeting rooms, office, service outlet,
1 space per 28 m2 [301.3 ft.2] of gross floor area
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Table 4.23A - Schedule for Parking Requirements
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Group Home
2 spaces plus the required parking for the dwelling
Home Based Business
A maximum of three (3) parking spaces shall be
permitted in addition to the required parking for the
dwelling
Hotel, Motel, tourist establishment
1 space per guest unit, plus
1 space per 12 m2 [129.1 ft.2] of gross floor area
dedicated to administrative, banquet and meeting
facilities
Industrial use, abattoir, agriculturally related
commercial/industrial use, bakery
1 space per 30 m2 [322.9 ft.2] of gross floor area
Miniature Golf Course
1 space for every two golf holes
Place of amusement, recreational commercial
establishment
1 space for every 4 persons that can be accommodated
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, Tavern, Tea Room
1 parking space per 10 m2 [107.64 ft.2]
School - elementary
1.5 spaces per classroom plus 6 spaces for visitors
School - secondary or private
4 spaces per classroom plus 8 spaces for visitors
4.23.5 Drive-Through Facilities
1.
Drive-Through Facilities are a permitted use in the Highway Commercial (C2)
zone;
2.
A drive-through facility is a principal use in combination with another use,
neither of which may be construed as being accessory to the other, and all
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regulations pertaining to each use shall apply;
3.
The minimum dimensions of a vehicle space in a stacking lane shall be 2.7 m x 6
m;
4.
No part of an order board shall be located closer than 10 m from the property
boundary of any other property occupied by or zoned for a residential use;
5.
No part of any stacking lane shall be permitted to be located in a front yard; and
6.
All drive-through facilities shall conform to the requirements for parking areas set
out in Table 4.23A.
4.24 Parts of Buildings or Structures Permitted Above Height Level
1. The height regulations in this By-law shall not apply to any of the following:
a. Air conditioning system
b. Chimney
c. Church spire or belfry or turret
d. Communications facility
e. Drying tower
f. Elevator or stairway enclosure
g. Enclosed mechanical and electrical equipment
h. Farm buildings and structures including but not limited to a barn, silo or windmill
i.
Flag pole
j. Hydro electric transmission tower or pole
k. Ornamental dome or clock tower
l.
Receiving and transmitting antenna
m. Receiving stations
n. Satellite dish
o. Skylight
p. Solar collector panels
q. Ventilating fan or skylight
r. Water tower
s. Wind Turbine
2. The minimum setbacks in all directions for a communications facility shall be the equivalent
of the height of the tower except where such facility is authorized and/or approved by Industry
Canada. A communications facility associated with a dwelling unit utilized for personal or
household purposes shall comply with the setback provisions of the zone in which the
dwelling unit is located.
4.25 Permitted Projections
Every part of any yard required by this By-law shall be left open and unobstructed by any
structure from the ground to the sky except that those structures listed in Table 4.25A shall be
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permitted to project into the minimum yards required by this By-law for the following specified
distances:
Table 4.25A - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Chimney breasts, cornices, sills, bay windows,
pilasters, eaves or gutters, solar collectors where
attached to a building, shutters cornices, parapets or
other ornamental structures
0.75 m [2.46 ft.] into any required front yard, rear
yard or interior side yard
Canopies which are at least 2.13 m (7 ft.) in vertical
clearance above the established grade, with or without
supporting posts
2 m [6.5 ft.] into any required yard
Canopies for entrances to apartment buildings and
commercial buildings
Despite any other provisions in this By-law, a canopy
or portico over a major entrance to an apartment
building or commercial building may project into the
required yard a distance equal to one-half (½) the
setback of the building from the street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps for use by handicapped, and walkways
No maximum into any required yard
Porch, uncovered platform landing, patio or deck,
balconies or steps
No maximum into any side yard and 3 m [9.8 ft.] into
any required front or rear yard
Air conditioner
0.5 m [1.6 ft.] into any yard
Fire escapes, exterior stair cases from a building
having two storeys or more above grade
1.5 m [4.92 ft.] into an interior side or rear yard only
Heat pump
1.5 m [5 ft.] into an interior side yard or rear yard
Accessory building
As permitted by and as specified in this By-law
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Table 4.25A - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Fences, hedges, shrubs, trees, freestanding walls,
flagpoles, light standards, garden trellises, clothes lines
and similar structures or features
No restrictions apply except with respect to a sight
triangle
4.26 Sight Triangle
1. Within any area defined as a sight triangle, the following uses shall be prohibited:
a. A building, structure, or use which would obstruct the vision of drivers of motor vehicles.
b. A fence, tree, hedge, bush or other vegetation, other than agricultural crops.
c. Any portion of a delivery space, loading space, driveway or parking space.
d. A berm or other ground surface which exceeds the
elevation of the street by more than 0.6 m [1.96 ft.].
2. For the purposes of this By-law, the following sight
triangle distances shall apply (see definition of sight
triangle for measurement of distances):
a. 15 m [49.2 ft.] in all commercial and industrial
zones.
b. 5 m [16.4 ft.] in all other zones.
c. Despite the above in any zone where any street
crosses a railway at the same grade the railway shall
be deemed to be a street and a sight distance of
forty-five metres (45 m [147.6 ft.]) shall be required measured from the point of
intersection of the centre line of the railway right-of-way and the street line abutting the lot
[see Figure 4.2].
4.27 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the Signs
By-law(s) of the Corporation.
4.28 Streets and Parks
In any zone established by this By-law, streets, walkways, bike paths and parks are permitted.
4.29 Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building
or structure or a scaffold or other equipment essential to the construction in progress for which a
building permit has been granted, but only until such time as the work has been finished or
abandoned or such equipment is no longer required.
Figure 4.2
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In addition, temporary accommodation for a business which is intended to occupy a building or
structure which is under construction with the work in progress on such building or structure may
be temporarily permitted on the same lot in the form of a mobile, relocatable, portable or
transportable building or structure provided:
1. Approval is obtained from the Corporation.
2. Such temporary accommodation is removed from the lot immediately upon completion of
construction or abandonment of construction.
4.30 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to limit the use of any land or to the erection or use
of any building or structure for a utility installation or municipal infrastructure for the purpose of
a public service by the Township of Evanturel and/or any public authority, any department of the
Government of Ontario or Canada, including any Hydro One facilities and a federally or
provincially regulated utility of communication service pursuant to the Planning Act, provided that
where such land, building or structure is located in a Residential Zone (see Section 5.2 for list of
zones) or on a lot adjacent to a Residential Zone:
1. No goods, materials or equipment shall be stored in the open.
2. The lot coverage and setback regulations of the zone in which such land, building or above
ground structure is located shall be complied with.
3. Any building erected under the authority of this section shall not be used for the purpose of an
office except for a government building.
4. The requirements for parking spaces and loading requirements as contained in this By-law
shall be complied with.
5. Communications facilities shall comply with Industry Canada Standards for construction and
safety. A communications facility shall only be permitted in a Rural or Industrial Zone
(subject to Sections 4.24 (1) (d), 4.24 (2)).
4.31 Water and Sewage Disposal Systems
No person shall erect or use in whole or in part, any building or structure unless the use, building
or structure is properly connected to approved water and sewage systems under the Ontario Water
Resources Act or the Building Code Act unless the use is exempted under the Building Code Act
or prohibited or regulated by this By-law.
4.32 Zones Applying to More than One Properties
Where a lot is divided into more than one zone, each such portion of the lot shall be used in
accordance with the provisions of this By-Law for the zone where such portion of the lot is
located. Each such portion of the lot shall be considered as a separate lot for the purposes of
determining zone provisions.
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Section 5
ZONES
5.1
Zone Classification
For the purposes of this By-law, the Township of Evanturel is divided into the following zones as
named and described in the following sections, the boundaries of which are shown on the
attached Schedules which are attached to and form part of this By-law.
5.2
Zones
Zones
Name of Zone
Zone Symbol
Residential Zones
Low Density Residential
R1
Medium Density Residential
R2
Apartment Residential
R3
Institutional Zone
Institutional
I
Commercial Zones
Local Commercial
C1
Highway Commercial
C2
Industrial Zones
General Industrial
M1
Heavy Industrial
M2
Waste Management
M3
Mineral Aggregate Resource
M4
Other Zones
Open Space
OS
Natural Hazards Overlay
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Rural
R
Agriculture
A
5.3
Interpretation of Zone Boundaries
When determining the boundary of any zone as shown on any Schedule forming part of this By-
law, the following provisions shall apply:
1. A boundary indicated as following a highway, street, private road or lane shall follow the
centre line of such highway, street, private road or lane.
2. A boundary indicated as following a water body or the right-of-way of a railway or an
electrical, gas or oil transmission line shall follow the centre line of such water body or right-
of-way.
3. A boundary indicated as following the high water mark shall follow such high water mark,
and in the event of a change in the high water mark, the boundary shall be construed as
moving with the actual high water mark.
4. A boundary indicated as approximately following lot lines shown on a Registered Plan of
Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines.
5. Where a boundary is indicated as approximately parallel to a street line or other feature,
indicated in clause (1), (2), and (3) above, and the distance from such street line or other
feature is not indicated, and clause (4) above is not applicable, such boundary shall be
construed as being parallel to such street line or other feature, and the distance there from
shall be determined according to the scale shown on the appropriate Schedule.
6. A boundary indicated as following the limits of the Municipality shall follow such limits.
7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of
this By-law is closed, the property formerly in such street, lane or right-of-way shall be
included within the zone of the adjoining property on either side of such closed street, lane or
right-of-way. If a closed street, lane or right-of-way is the boundary between two or more
different zones the new zone boundaries shall be the former centre line of the closed street,
lane or right-of-way.
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Section 6 LOW DENSITY RESIDENTIAL (R1) ZONE
6.1
Low Density Residential Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Low Density
Residential - R1 zone except in accordance with the following provisions.
6.2
Permitted Main Uses
1. Duplex Dwelling
2. Single Detached Dwelling
3. Semi-detached dwelling
4. Group Home subject to Section 4.11
5. Group or Group Housing or Group Housing Project
6. Public Authority Use or Public Utility subject to Section 4.30
6.3
Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Apartment or Apartment-in-a-House
3. Bed and Breakfast Establishment subject to Section 4.2
4. Garden Suite subject to Section 4.10
5. Home Based Business subject to Section 4.12
6.4 Zone Requirements
The zone requirements for permitted uses in the R1 Zone shall be as set out in Table 6.4.
Table 6.4 - R1 Zone Requirements
Duplex Dwelling
Semi-detached Dwelling
Single Detached
Dwelling, Group Home
Minimum Lot Area
550 m2 [5,920 ft.2] or 0.4
ha [1 ac.] on partial or
individual on-site water
and sewage services
650 m2 [6,996.7 ft.2] or
0.4 ha [1 ac.] on partial or
individual on-site water
and sewage services
460 m2 [4,951.5 ft.2] or
0.4 ha [1 ac.] on partial or
individual on-site water
and sewage services
Minimum Lot Frontage
20 m [65.6 ft.]
25 m [82 ft.] on a corner
lot and 20 m [65.6 ft.] on
an interior or through lot
18 m [59 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior
Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
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Table 6.4 - R1 Zone Requirements
Duplex Dwelling
Semi-detached Dwelling
Single Detached
Dwelling, Group Home
Rear Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
10 m [32.8 ft.]
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or
Rear Yard
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
10 m [32.8 ft.]
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
5 m [16.4 ft.]
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1)
Main Building
30%
30%
30%
Accessory Building
5%
5%
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any
Accessory Building
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwellings per Lot
1
1
1 subject to Section 6.5.2
Driveways
Maximum Number of
Driveway Entrances per
Lot
2
2
2
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
13.5 m [44.2 ft.]
13.5 m [44.2 ft.]
Minimum Width of
Driveway
3 m [9.8 ft.]
3 m [9.8 ft.]
3 m [9.8 ft.]
Location of Parking
Space
No closer than 1.5 m
[4.92 ft.] to any street line
No closer than 1.5 m
[4.92 ft.] to any street line
No closer than 1.5 m
[4.92 ft.] to any street line
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6.5
Additional Provisions
1. The minimum interior side yard shall not apply to the party wall shared between two semi-
detached dwelling units.
2. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the Planning
Act and shall only be permitted as an accessory use to a single detached dwelling.
3. All applicable provisions of Section 4 - General Provisions shall apply.
4. The requirements of Table 6.4 shall apply only to a semi-detached Group or Group Housing
or Group Housing Project as follows:
a. The minimum lot area shall be 325 m2 [3,498.3 ft.2] per dwelling unit.
b. The minimum lot frontage shall be 30 m [98.4 ft.].
c. The maximum number of dwellings shall be 6.
d. The minimum separation distance between dwellings shall be 6 m [19.6 ft.].
6.6
Zone Exceptions
See Section 20 for details.
1. R1-X1 (By-law 99-18)
2. R1-X2
3. R1-X3
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Section 7 MEDIUM RESIDENTIAL (R2) ZONE
7.1 Medium Density Residential Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Medium
Density Residential - R2 Zone except in accordance with the following provisions.
7.2
Permitted Main Uses
1. Converted Dwelling
2. Public Authority Use or Public Utility subject to Section 4.30
3. Quadraplex Dwelling
4. Rowhouse or Townhouse
5. Triplex dwelling
7.3
Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Apartment or Apartment-in-a-House to a Rowhouse or Townhouse only
3. Home Based Business subject to Section 4.12
7.4
Zone Requirements
The zone requirements for permitted uses in the R2 Zone shall be as set out in Table 7.4.
Table 7.4 - R2 Zone Requirements
Converted Dwelling
Quadraplex Dwelling,
Triplex Dwelling
Rowhouse or
Townhouse Dwelling
Minimum Lot Area
200 m2 [2,152.8 ft.2] per
dwelling unit or 0.4 ha [1
ac.] on partial or
individual on-site water
and sewage services
200 m2 [2,152.8 ft.2] per
dwelling unit or 0.4 ha [1
ac.] on partial or
individual on-site water
and sewage services
220 m2 [2,368.1 ft.2] per
dwelling unit or 0.4 ha [1
ac.] on partial or
individual on-site water
and sewage services
Minimum Lot Frontage
20 m [65.6 ft.]
20 m [65.6 ft.]
6 m [19.6 ft.] plus 6 m
[19.6 ft.] per dwelling
unit
Minimum Yard Requirements - Main Building
Front Yard or Exterior
Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
1.4 m [4.5 ft.]
1.8 m [5.9 ft.]
Rear Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
10.5 m [34.4 ft.]
Township of Evanturel Zoning By-law
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Table 7.4 - R2 Zone Requirements
Converted Dwelling
Quadraplex Dwelling,
Triplex Dwelling
Rowhouse or
Townhouse Dwelling
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or
Rear Yard
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
10 m [32.8 ft.]
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
5 m [16.4 ft.]
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1)
Main Building
25%
25%
25%
Accessory Building
5%
5%
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any
Accessory Building
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwellings per Lot
--
--
--
Driveways
Maximum Number of
Driveway Entrances per
Lot
2
2
2
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
13.5 m [44.2 ft.]
13.5 m [44.2 ft.]
Minimum Width of
Driveway
3 m [9.8 ft.]
3 m [9.8 ft.]
3 m [9.8 ft.]
Location of Parking
Space
No closer than 1.5 m
[4.92 ft.] to any street line
No closer than 1.5 m
[4.92 ft.] to any street line
No closer than 1.5 m
[4.92 ft.] to any street line
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7.5
Additional Provisions
1. The minimum interior side yard shall not apply to the party wall shared between two
rowhouse or townhouse dwelling units.
2. All applicable provisions of Section 4 - General Provisions shall apply.
3. The requirements of Table 7.4 shall apply to a rowhouse or townhouse Group or Group
Housing or Group Housing Project and may include semi-detached dwellings in the
housing mix provide the following requirements are met:
a. The minimum lot area shall be the combined total of the lots areas based on 220 m2
[2,368.1 ft.2] per rowhouse or townhouse dwelling unit, and 325 m2 [3,498.3 ft.2] per
semi-detached dwelling unit.
b. The minimum lot frontage shall be 30 m [98.4 ft.].
c. The maximum number of dwellings shall be 25.
d. The minimum separation distance between dwellings shall be 6 m [19.6 ft.].
7.6
Zone Exceptions
Township of Evanturel Zoning By-law
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Section 8 APARTMENT RESIDENTIAL (R3) ZONE
8.1
Apartment Residential Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Apartment
Residential - R3 Zone except in accordance with the following provisions.
8.2
Permitted Main Uses
1. Apartment Dwelling
2. Group or Group Housing or Group Housing Project
3. Public Authority Use or Public Utility subject to Section 4.30
8.3
Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Home Based Business subject to Section 4.12
8.4
Zone Requirements
The zone requirements for permitted uses in the R3 Zone shall be as set out in Table 8.4.
Table 8.4 - R3 Zone Requirements
Apartment Dwelling
Minimum Lot Area
200 m2 [2,152.8 ft.2] per dwelling unit or 0.6
ha [1.5 ac.] on partial or individual on-site
water and sewage services
Minimum Lot Frontage
20 m [65.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side
Yard
7.5 m [24.6 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
Rear Yard
7.5 m [24.6 ft.]
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or Rear Yard
1.2 m [3.9 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
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Table 8.4 - R3 Zone Requirements
Apartment Dwelling
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
Main Building
25%
Accessory Building
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any
Accessory Building
1.2 m [3.9 ft.]
Maximum Number of Dwelling Unit Requirements
Maximum Number Dwellings
per Lot
--
Floor Area per Dwelling Unit
Driveways
Maximum Number of Driveway
Entrances per Lot
2
Minimum Separation Distance
between Driveways
13.5 m [44.2 ft.]
Minimum Width of Driveway
3 m [9.8 ft.]
Location of Parking Space
No closer than 1.5 m [4.92 ft.] to any street
line
8.5
Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. The requirements of Table 7.4 shall apply to a rowhouse or townhouse Group or Group
Housing or Group Housing Project and may include an apartment dwelling and a semi-
detached dwellings in the housing mix as follows:
a. The minimum lot area shall be 200 m2 [2,152.9 ft.2] per apartment dwelling, 220 m2
[2,368.1 ft.2] per rowhouse of townhouse dwelling unit and 325 m2 [3,498.3 ft.2] per
semi-detached dwelling unit.
b. The minimum lot frontage shall be 30 m [98.4 ft.].
c. The maximum number of dwellings shall be 25.
d. The minimum separation distance between dwellings shall be 6 m [19.6 ft.].
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8.6
Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
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Section 9 INSTITUTIONAL (I) ZONE
9.1
Institutional Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Institutional - I
Zone except in accordance with the following provisions.
9.2
Permitted Main Uses
1. Auditorium
2. Clinic
3. Continuum-of-Care Facility
4. Day Nursery
5. Fire Hall
6. Institutional Use
7. Municipal Office
8. Museum
9. Place of Worship
10. Private School
11. Public Authority Use or Public Utility subject to Section 4.30
12. Public Works Garage
13. Police Station
14. Post Office
15. Private Club
16. Public Library
17. Recreational Facility
18. School
9.3
Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory dwelling unit
3. Home Based Business subject to Section 4.12
9.4
Zone Requirements
The zone requirements for permitted uses in the I Zone shall be as set out in Table 9.4.
Table 9.4 - I Zone Requirements
All Uses
Minimum Lot Area
500 m2 [5,382.1 ft.2] or
0.4 ha [1 ac.] on partial or
individual on-site water
and sewage services
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Table 9.4 - I Zone Requirements
All Uses
Minimum Lot Frontage
20 m [65.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior
Side Yard
7.5 m [24.6 ft.]
Interior Side Yard
Nil or 3 m [9.84 ft.] if
abutting a residential use
or zone
Rear Yard
7.5 m [24.6 ft.] or 10 m
[32.8 ft.] if abutting a
residential use or zone
Minimum Yard Requirements - Accessory
Building (see also Section 4.1)
Interior Side Yard or
Rear Yard
1.2 m [3.9 ft.] or 6 m
[19.6 ft.] where a lot line
abuts a residential use
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements -
(Accessory Building - see also Section 4.1)
Main Building
70%
Accessory Building
5%
Minimum Separation Distance Between Buildings
Requirements
Main Building and any
Accessory Building
3 [9.84 ft.]
9.5
Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
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9.6
Zone Exceptions
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File P-2364
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Section 10 LOCAL COMMERCIAL (C1) ZONE
10.1 Local Commercial Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Local
Commercial (C1) Zone except in accordance with the following provisions.
10.2 Permitted Main Uses
1. Convenience Store
2. Existing office
3. Laundromat
4. Personal Service Establishment
5. Public Authority Use or Public Utility subject to Section 4.30
10.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Dwelling Unit
3. Home Based Business subject to Section 4.12
10.4 Zone Requirements
The zone requirements for permitted uses in the C1 Zone shall be as set out in Table 11.4.
Table 11.4 - C1 Zone Requirements
All Uses
Minimum Lot Area
500 m2 [5,382.1 ft.2]
Minimum Lot Frontage
15 m [49.2 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
6 m [19.6 ft.]
Interior Side Yard
4.5 m [14.7 ft.]
Rear Yard
9 m [29.5 ft.]
Minimum Yard Requirements - Accessory Building (see also
Section 4.1)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
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Table 11.4 - C1 Zone Requirements
All Uses
Maximum Lot Coverage Requirements - (Accessory Building -
see also Section 4.1)
Main Building
45%
Accessory Building
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory
Building
1.8 [5.9 ft.] or 1.2 m [3.9
ft.] between accessory
buildings
Driveways
Maximum Number of Driveway
Entrances per Lot
2
Minimum Separation Distance
between Driveways
13.5 m [44.2 ft.]
Minimum Width of Driveway
3.5 m [11.4 ft.]
Location of Parking Space
No closer than 1.5 m
[4.92 ft.] to any street line
or 2.5 m [8.2 ft.] where
the lot abuts a residential
use
Occupancy
Maximum number of dwelling units
per lot
1
10.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
10.6 Zone Exceptions
Township of Evanturel Zoning By-law
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Section 11 HIGHWAY COMMERCIAL (C2) ZONE
11.1 Highway Commercial Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Highway
Commercial (C2) Zone except in accordance with the following provisions.
11.2 Permitted Main Uses
1. Ambulance Facility
2. Antique Store
3. Animal Hospital
4. Auto Body Shop
5. Auto Repair Garage
6. Automotive Sales Establishment
7. Automotive Service Station
8. Automotive Washing Establishment
9. Building Supply Store
10. Car Rental Agency
11. Commercial Greenhouse, Nursery or Garden Centre
12. Commercial Parking Lot
13. Construction Yard or Contractor's Yard
14. Convenience Store
15. Custom Workshop
16. Drive-through Facility
17. Dry Cleaning Distribution Station
18. Entertainment Establishment
19. Equipment Rental Establishment
20. Equipment Sales, Service and Repair Establishment
21. Equipment and Vehicle Storage Yard
22. Flea Market
23. Gas Bar
24. Hotel
25. Marine Retail Facility
26. Motel
27. Office
28. Printing and Publishing Establishment
29. Public Authority Use or Public Utility subject to Section 4.30
30. Radio Station
31. Recreational Commercial Establishment
32. Recreational Vehicle Sales and Storage
33. Recreational Vehicle Repair Garage
34. Restaurant
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35. Self-storage Facility
36. Service Outlet or Shop
37. Tavern
38. Tourist Establishment
39. Video Rental Outlet
40. Water Treatment Equipment and Sales Establishment
41. Wholesale Establishment
11.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Dwelling Unit in a Motel
3. Open Storage Area
4. Outdoor Display Area
11.4 Zone Requirements
The zone requirements for permitted uses in the C2 Zone shall be as set out in Table 11.4.
Table 11.4 - C2 Zone Requirements
All Uses
Minimum Lot Area
2,500 m2 [26,911 ft.2] for a hotel,
motel or tourist establishment, or
1,500 m2 [16,146.3 ft.2] for all
other uses or 0.4 ha [1 ac.] on
partial or individual on-site water
and sewage services
Minimum Lot Frontage
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
18 m [59 ft.]
Interior Side Yard
7.5 m [24.6 ft.] or 10.5 m [32.8 ft.]
where the lot abuts a residential
use
Rear Yard
7.5 m [24.6 ft.] or 10 m [34.4 ft.]
where the lot abuts a residential
use
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
Maximum Height Requirements
Township of Evanturel Zoning By-law
File P-2364
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Table 11.4 - C2 Zone Requirements
All Uses
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
Main Building
45%
Accessory Building
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory
Building
3 m [9.84 ft.] or 10 m [32.8 ft.]
between a hotel, motel, tourist
establishment and any accessory
building
Occupancy
Maximum number of dwelling units
per lot
1 for hotel, motel or tourist
establishment only
11.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
11.6 Zone Exceptions
See Section 20 for details.
1. Reserved
2. C2-X2
(By-law 95-24)
3. C2-X3
(By-law 95-25)
4. C2-X4
(By-law 99-18)
5. C2-X5
(By-law 02-23)
6. C2-X6
(By-law 07-03)
7. C2-X7
(By-law 2010-06)
8. C2-X8
9. C2-X9
10. C2-X10
11. C2-X11
Township of Evanturel Zoning By-law
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Section 12 GENERAL INDUSTRIAL (M1) ZONE
12.1 General Industrial Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the General
Industrial (M1) Zone except in accordance with the following provisions.
12.2 Permitted Main Uses
1. Auto Body Shop
2. Auto Repair Garage
3. Building Supply Store
4. Bulk Fuel Depot
5. Bulk Storage Yard
6. Class I Industry
7. Class II Industry
8. Dry Cleaning Establishment
9. Construction Yard or Contractor's Yard
10. Parking Area
11. Public Authority Use or Public Utility subject to Section 4.30
12. Recycling Station or Transfer Depot
13. Self-storage Facility
14. Service Outlet or Shop
15. Transportation Depot or Truck Terminal
16. Warehouse
17. Welding Shop
12.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Open Storage Area
3. Outdoor Display Area
12.4 Zone Requirements
The zone requirements for permitted uses in the M1 Zone shall be as set out in Table 12.4.
Table 12.4 - M1 Zone Requirements
All Uses
Minimum Lot Area
800 m2 [8,611.4 ft.2] or 0.4 ha [1 ac.]
on partial or individual on-site water
and sewage services
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Table 12.4 - M1 Zone Requirements
All Uses
Minimum Lot Frontage
30 m [98.4 ft.]
Minimum Yard Requirements - Main Building (see also Section 4.19.3)
Front Yard or Exterior Side Yard
9 m [29.5 ft.]
Interior Side Yard
5 m [16.4 ft.] or 9 m [29.5 ft.] where
the lot abuts a zone other than an
industrial zone
Rear Yard
10 m [34.4 ft.] or 15 m [49.2 ft.]
where the lot abuts a residential use
Minimum Yard Requirements - Accessory Building (see also Sections 4.1 and
4.19.3)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Sections
4.1 and 4.19.3)
All Buildings and Structures
60%
12.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply. See Section 4.19.3).
2. The building setback shall be exempted for that portion of any lot that abuts a railroad right-
of-way.
12.6 Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
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Section 13 HEAVY INDUSTRIAL (M2) ZONE
13.1 Heavy Industrial Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Heavy
Industrial (M2) Zone except in accordance with the following provisions.
13.2 Permitted Main Uses
1. Bulk Fuel Depot
2. Bulk Storage Yard
3. Class III Industry
4. Public Authority Use or Public Utility subject to Section 4.30
13.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Open Storage Area
13.4 Zone Requirements
The zone requirements for permitted uses in the M2 Zone shall be as set out in Table 13.4.
Table 13.4 - M2 Zone Requirements
All Uses
Minimum Lot Area
2 ha [4.94 ac.]
Minimum Lot Frontage
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building (see also Section 4.19.3)
Front Yard or Exterior Side Yard
15 m [49.2 ft.]
Interior Side Yard
15 m [49.2 ft.]
Rear Yard
15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Building (see also Sections 4.1 and
4.19.3)
Interior Side Yard or Rear Yard
5 m [16.4 ft.]
Maximum Height Requirements
Main Building
15 m [49.2 ft.]
Accessory Building
15 m [49.2 ft.]
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Table 13.4 - M2 Zone Requirements
All Uses
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
All Buildings and Structures
60%
Minimum Separation Distance Between Buildings Requirements
13.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply. See Section
4.19.3).
2. The building setback shall be exempted for that portion of any lot that abuts a railroad
right-of-way.
13.6 Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
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Section 14 WASTE MANAGEMENT (M3) ZONE
14.1 Waste Management Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Waste
Management (M3) Zone except in accordance with the following provisions.
14.2 Permitted Main Uses
1. Public Authority Use or Public Utility subject to Section 4.30
2. Recycling Station or Transfer Depot
3. Waste Management Facility
14.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Open Storage Area
14.4 Zone Requirements
1. Minimum Lot Area:
8 ha [19.7 ac.]
2. Minimum Yard Requirements (all yards):
30 m [98.4 ft.]
3. The provisions of Section 4.19.1 shall apply.
14.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply. See Section
4.19.1.
14.6 Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
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Section 15 MINERAL AGGREGATE RESOURCE (M4) ZONE
15.1 Mineral Aggregate Resource Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate Resource (M4) Zone except in accordance with the following provisions.
15.2 Permitted Main Uses
1. Agricultural Use (not including buildings and structures)
2. Forestry Use (not including buildings and structures)
3. Pit
4. Portable Asphalt Plant
5. Portable Concrete Plant
6. Public Authority Use or Public Utility subject to Section 4.30
7. Quarry
8. Wayside Pit
9. Wayside Quarry
15.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Open Storage Area
3. Crushing and screening facilities, administration facilities, weigh stations, gate house.
security kiosk
15.4 Zone Requirements
The zone requirements for permitted uses in the M4 Zone shall be as set out in Table 15.4.
Table 15.4 - M4 Zone Requirements
All Permitted Main Uses
Minimum Lot Area
n/a
Minimum Lot Frontage
n/a
Minimum Yard Requirements - Main Building
All yards
15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Building
Township of Evanturel Zoning By-law
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All Yards
15 m [49.2 ft.]
Minimum Excavation Setbacks
Site Boundary
15 m [49.2 ft.] from the boundary (lot line) of the site
Highway
30 m [98.4 ft.] from any part of the boundary that
abuts a highway or public street
Residential Use
30 m [98.4 ft.] from the boundary of any land in use
for residential purposes
Water Body
30 m [98.4 ft.] from any body of water that is not the
result of excavation below the water table
Maximum Height Requirements
Main Building
15.25 m [50 ft.]
Accessory Building
11 [36 ft.]
15.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply. See Section 4.19.1.
15.6 Zone Exceptions
Township of Evanturel Zoning By-law
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Section 16 OPEN SPACE (OS) ZONE
16.1 Open Space Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Open Space
(OS) Zone except in accordance with the following provisions.
16.2 Permitted Main Uses
1. Public Dock and/or Boat Launch
2. Cemetery
3. Conservation Use
4. Fairground
5. Golf Course
6. Park
7. Playground, Playground Facility
8. Public Authority Use or Public Utility subject to Section 4.30
9. Skateboard Park
16.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Parking Area
16.4 Zone Requirements
The zone requirements for permitted uses in the OS Zone shall be as set out in Table 16.4.
Table 16.4 - OS Zone Requirements
All Uses
Minimum Lot Area
--
Minimum Lot Frontage
--
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
15 m [49.2 ft.]
Interior Side Yard
7.5 m [14.6 ft.] or 15 m [49.2
ft.] where the lot abuts a
residential use or zone
Rear Yard
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
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Table 16.4 - OS Zone Requirements
All Uses
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section
4.1)
All Buildings and Structures
10%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory Building
3 m [9.84 ft.]
16.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
16.6 Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
Page 117
Section 17 NATURAL HAZARDS OVERLAY
17.1 Natural Hazards Overlay Regulations
No person shall use any land or erect, alter or use any building or structure in Natural Hazards
Overlay area except in accordance with the following provisions.
17.2 Permitted Main Uses
1. Existing Use
2. Permitted Uses within the underlying zone
3. Uses set out in Sections 4.8.1 and 4.8.2
17.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1 except that no buildings
shall be permitted except for flood control or erosion protection or as otherwise provided for
in Sections 4.8.1 and 4.8.2.
2. Parking Area
17.4 Zone Requirements
1.
As set out Section 4.8.3
17.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
17.6 Zone Exceptions
Township of Evanturel Zoning By-law
File P-2364
Page 118
Section 18 RURAL (R) ZONE
18.1 Rural Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Rural (R) Zone
except in accordance with the following provisions.
18.2 Permitted Main Uses
1. Agricultural Use
2. Ambulance Facility
3. Auction Hall
4. Camp
5. Catering Establishment
6. Cemetery
7. Commercial Greenhouse, Nursery or Garden Centre
8. Communications Facility
9. Conservation Use
10. Construction Yard or Contractor's Yard
11. Duplex Dwelling
12. Mobile Home Dwelling
13. Semi-detached Dwelling
14. Seasonal Dwelling
15. Equestrian Establishment
16. Farm
17. Farm Produce Outlet
18. Hobby Farm
19. Forestry Use
20. Golf Course
21. Golf Driving Range
22. Livestock Facility
23. Livestock Sales Outlet
24. Logging Operation
25. Park
26. Peat Extraction Operation
27. Personal Service Establishment
28. Place of Assembly
29. Place of Worship
30. Private Club
31. Recreational Commercial Establishment
32. Portable Sawmill
33. Self-Storage Facility
34. Service Outlet Shop
35. Shooting Range or Rifle Club
Township of Evanturel Zoning By-law
File P-2364
Page 119
36. Single-Detached Dwelling
37. Tourist Outfitters Establishment
38. Wayside Pit
39. Wayside Quarry
40. Welding Shop
18.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Dwelling
3. Accessory Apartment or Apartment-in-a-House
4. Bed and Breakfast Establishment subject to Section 4.2
5. Farm Vacation Establishment
6. Garden Suite subject to Section 4.10
7. Home Industry accessory to an existing dwelling unit subject to Section 4.13
18.4 Zone Requirements
The zone requirements for permitted uses in the R Zone shall be as set out in Table 18.4.
Table 18.4 - R Zone Requirements
Residential Uses
Non-Residential Uses
Minimum Lot Area
0.4 ha [1 ac.]/dwelling
0.8 ha [2 ac.]
Minimum Lot Frontage
45 m [147.6 ft.]
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Interior Side Yard
3 m [9.84 ft.]
5 m [16.4 ft.]
Rear Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
10 m [32.8 ft.]
12 m [39.3 ft.]
Accessory Building
5 m [16.4 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
Township of Evanturel Zoning By-law
File P-2364
Page 120
Table 18.4 - R Zone Requirements
Residential Uses
Non-Residential Uses
Main Building
15%
30%
Accessory Building
5%
10%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory
Building
1.2 m [3.9 ft.]
1.2 m [3.9 ft.]
18.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. All development shall comply with the provisions of Section 4.19.4 - Minimum
Distance Separation Formulae I and II.
3. Despite anything in Table 18.4 to the contrary, the minimum yard requirements for any
yard for a construction yard or contractor's yard, wayside pit or wayside quarry shall be
15 m [49.2 ft.].
18.6 Zone Exceptions
See Section 20 for details
1. Reserved
2. R-X2
3. R-X3
4. R-X4
Township of Evanturel Zoning By-law
File P-2364
Page 121
Section 19 AGRICULTURE (A) ZONE
19.1 Agriculture Zone Regulations
No person shall use any land or erect, alter or use any building or structure in the Agriculture (A)
Zone except in accordance with the following provisions.
19.2 Permitted Main Uses
1. Agricultural Use
2. Existing Use
3. Farm
4. Hobby Farm
5. Livestock Facility
19.3 Permitted Accessory Uses, Buildings and Structures
1. Accessory Uses, Buildings and Structures subject to Section 4.1
2. Accessory Dwelling
3. Accessory Apartment or Apartment-in-a-House
4. Bed and Breakfast Establishment subject to Section 4.2
5. Farm Produce Outlet
6. Farm Vacation Establishment
7. Garden Suite subject to Section 4.10
8. Home Industry accessory to an existing dwelling unit subject to Section 4.13
19.4 Zone Requirements
The zone requirements for permitted uses in the A Zone shall be as set out in Table 19.4.
Table 19.4 - A Zone Requirements
All Uses
Minimum Lot Area
Hobby farm 4 ha [9.88 ac.].
Minimum Lot Frontage
--
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
10 m [32.8 ft.]
Interior Side Yard
10 m [32.8 ft.]
Rear Yard
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Township of Evanturel Zoning By-law
File P-2364
Page 122
Table 19.4 - A Zone Requirements
All Uses
Interior Side Yard or Rear Yard
5 m [16.4 ft.]
Maximum Height Requirements
Main Building
--
Accessory Building
--
Maximum Lot Coverage Requirements - (Accessory Building - see also Section
4.1)
All Buildings and Structures
--
19.5 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. All development shall comply with the provisions of Section 4.19.4 - Minimum Distance
Separation Formulae I and II.
19.6 Zone Exceptions
See Section 20 for details
1. A-X1
(By-law 09-17)
Township of Evanturel Zoning By-law
File P-2364
Page 123
Section 20 ZONE EXCEPTIONS
20.1 General
The following are exceptions to this By-law that are carried over from By-law 84-13 of the
Township of Evanturel or may be added from time to time. Each exception zone is unique and
sets out exceptions to the list of permitted uses or the zone requirements of the By-law. Except
where there is an exception stated, the other provisions of the by-law will continue to apply.
20.2 Exceptions to the By-law
Exceptions to Zoning By-law
By-law
No.
Zone
Uses Permitted
Uses
Prohibited
Provisions
95-24
C2-X2
Accessory Dwelling
Automotive Service Station
Auto Repair Garage
Transportation Depot or
Truck Terminal
Welding and Steel
Fabricating Operation
Minimum front yard - 80 m
Minimum setback from a
water body - 30 m
No open storage area
permitted within setback from
a water body or in the front
yard
A treed buffer of 20 m in
width shall be established
adjacent to Highway 11 along
the frontage of the lot with
trees to be a minimum of 2.4
m in height
95-25
C2-X3
Accessory dwelling
Automotive Service
Station
Auto Repair Garage
Convenience Store
Motel
Restaurant with Drive-
through facility
Transportation Depot or
Truck Terminal
Welding and Steel
Fabricating Operation
Minimum front yard - 80 m
No open storage area
permitted within the front
yard
A treed buffer of 10 m in
width shall be established
adjacent to Kerr Road along
the frontage of the lot with
trees to be a minimum of 2.4
m in height
99-18
R1-X1
Single Detached Dwelling
Radio Station
99-18
C2-X4
Convenience Store
Restaurant with Drive-
through facility
Non-
residential
uses
Minimum front yard - 15 m
Minimum interior side yard -
4.5 m
Township of Evanturel Zoning By-law
File P-2364
Page 124
Exceptions to Zoning By-law
By-law
No.
Zone
Uses Permitted
Uses
Prohibited
Provisions
Retail Outlet
Radio Station
Accessory Dwelling Unit
Minimum rear yard - 10 m
No open storage area
permitted within the front
yard
Planting strip of 165.80 m in
length required within 3 m
and along the rear lot line
consisting of a row of trees or
a continuous unpierced
hedgerow of evergreens or
shrubs having a width of 1.5
m and a height of 1.5 m which
may be interrupted within 3 m
of the edge of a driveway or
1.5 within the edge of a
walkway
Fence of 165.80 m required
along rear lot line having a
height of 1.8 m and which
shall be constructed of wood,
steel or other durable material
and which is opaque. Fence
may be interrupted within 3
m of the edge of a driveway
or 1.5 within the edge of a
walkway
Chain link fence required of
25.5 m in length along the
side lot lines of the pedestrian
walkway zone
which abuts the residential
zone and which has a height
of 1.2 m
1 parking space required for
each 15 m2 of gross floor
space with 12 spaces
minimum and located a
minimum of 3 m from a side
lot line or planting strip with
each space being 6 m by 3 m
by 2 m vertical clearance
Pavement markings required
to delineate direction of traffic
flow, parking spaces and
pedestrian crossover
Signs required to indicate
Township of Evanturel Zoning By-law
File P-2364
Page 125
Exceptions to Zoning By-law
By-law
No.
Zone
Uses Permitted
Uses
Prohibited
Provisions
pedestrian crossover marked
Ra-4 and Ra-4t with markings
to comply with Manual of
Uniform Traffic Control
Devices
02-23
C2-X5
C2 Zone Uses
Minimum setback of
driveway entrance to nearest
intersection of street lines -
25 m
07-03
C2-X6
Retail Store
Three dwelling units
Home Based Business
Minimum lot area - 1.3 ha
Minimum lot frontage - 25 m
Maximum lot coverage - 40%
Minimum front yard - 25 m
Minimum exterior side yard
highway 624 side - 12 m
Minimum exterior side yard
Highway 11 side - 35 m
Minimum rear yard - 20 m
Maximum number of
driveway entrances - 2
1.5 parking spaces per
dwelling unit
3 parking spaces per 100 m2
of gross floor area or portion
thereof
09-17
A-X1
Agricultural Use
Residential
Use
2010-
06
C2-X7
Agricultural Use
Auction House
Automotive Sales
Establishment
Existing Single detached
Dwelling
Office
Golf Driving Range
Recreational Vehicle Sales
and Storage Establishment
Retail and Wholesale use
Self-Storage Facility
A parking space per dwelling
unit
1 parking space for each 10
m2of gross floor area or part
thereof
6 parking spaces for the
animal hospital
No spaces required for any
other non-residential use
R1-X2
Single Detached Dwelling
Office
R1-X3
Single Detached Dwelling
Small Engine Repair Shop
R1-X4
Single Detached Dwelling
Township of Evanturel Zoning By-law
File P-2364
Page 126
Exceptions to Zoning By-law
By-law
No.
Zone
Uses Permitted
Uses
Prohibited
Provisions
Small Engine Repair Shop
C2-X8
Single Detached Dwelling
Fuel wood storage permitted
to the rear of the dwelling
C2-X9
Mobile Home Park
Accessory Dwelling
Maximum of 9 mobile home
dwellings permitted
C2-X10
Restaurant
Accessory Dwelling
C2-X11
C2 Zone Uses
Heavy equipment repairs
R-X2
Private Airstrip
Airport Hangar
R Zone Uses
R-X3
R Zone Uses
Vehicle Repair
Establishment
Vehicle repair limited to
company vehicles
R-X4
R Zone Uses
Research Facility for
highway maintenance
A-X2
A Zone Uses
Hangar for model airplanes
and club house
C2-X12
C2 Zone Uses
Accessory Dwelling
C2-X13
C2 Zone Uses
Accessory Dwelling