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S E C T I O N 5 - DEFINITIONS
5.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 5 - DEFINITIONS
5.1 "ABANDONED" means the failure, in the opinion of the Chief Building Official, to
proceed expeditiously with construction work or to undertake construction work
during any continuous 12-month period.
5.2 "ACCESSORY APARTMENT DWELLING" see section 5.102 (a) "Dwelling,
Accessory Unit"
5.3 "ACCESSORY BUILDING OR STRUCTURE" means a building or structure that is
incidental and exclusively devoted to the main use and/or home occupation and
located on the same lot therewith.
5.4 "ACCESSORY USE" means a use customarily incidental and exclusively devoted to
the main use and located on the same lot therewith.
5.5 "ADULT ENTERTAINMENT ESTABLISHMENT" means any premises or part
thereof in which goods, entertainment, or services that are designed to appeal to
erotic or sexual appetites or inclinations are provided in pursuance of a business in
the premises or part thereof, and includes a body rub parlour.
5.6 "AGRICULTURAL" means general farming and without limiting the generality of the
foregoing, shall include the raising and harvesting of field, bush, tree or vine crops,
truck gardening, nurseries, greenhouses, medical marihuana grow and production
facilities, dairying, animal husbandry, raising of poultry, raising of lamas and
alpacas, vermiculture, aquaculture, equestrian centres, riding stables, the
wholesaling of products used in agriculture but not including farm machinery, a farm
product outlet as defined in this by-law, the sale and processing of produce grown
on the farm from which the sale is made; and an accessory residential use or farm
help house in accordance with the provisions of this By-law..
5.7 "AGRICULTURALLY RELATED USE" means farm-related commercial and farm-
related industrial uses that are small in scale, directly related to agriculture and
requiring proximity to farm operations and includes such uses as animal husbandry
services, produce or grain storage facilities or farm machinery sales and service
outlets.
5.8 "ALTER" means:
1. when used in reference to a building or structure or part thereof, to change any one
or more of the external dimensions of such building or structure or to make any
change in the supporting members or to the type of construction of the exterior
walls or roof thereof.
S E C T I O N 5 - DEFINITIONS
5.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
2. when used in reference to a lot to change the lot area, lot frontage or lot depth
thereof; to change the width, depth or area of any required yard, landscaped open
space or parking area; or to change the location of any boundary of such lot with
respect to a street or lane, whether such alteration is made by conveyance or
alienation of any portion of such lot or otherwise; or
3. when used in reference to a use, to discontinue and replace a use with a use which
is defined herein as being distinct from the discontinued use.
(i) "ALTERED" and "ALTERATION" shall have corresponding meanings.
5.9 "AMPLIFICATION" means to increase in scope or volume through the
magnification of electronic impulses or other means.
5.10 "AMUSEMENT MACHINE" means a mechanical or electrical machine or device
intended for use as a game, entertainment or amusement offered for use of the
public by any person for profit or gain and includes a pinball machine, television
game, shooting gallery or other similar machine or device including an automatic
machine or slot machine that dispenses as prizes one or more free games, but does
not include any machine used only for the purpose of vending merchandise or
services or playing recorded music.
5.11 "AMUSEMENT MACHINE ESTABLISHMENT" means any premises or part thereof
containing three or more amusement machines.
5.12 "ANIMAL HOSPITAL" or "SHELTER" means a building or part thereof, with or
without related structures, wherein domestic household pets including, but not so as
to limit the generality of the foregoing, dogs, cats, caged birds and specialty fish, but
excluding any animals kept primarily for the purpose of providing food or skins, are
given temporary shelter and accommodation or are treated or kept for treatment by
a registered veterinarian, and includes the office of a registered veterinarian, but
does not include any establishment engaged primarily in the retail sale of animals or
in breeding animals for gain or profit, or a veterinarian's clinic as defined herein.
5.13 "ANIMAL UNITS" - means the number of livestock that would produce 68-77 kg of
nitrogen in their manure in one year.
5.14 "APARTMENT BUILDING DWELLING" see section 5.101 (a) "DWELLING,
APARTMENT BUILDING"
5.15 "ASSEMBLY HALL" means a building or part of a building in which facilities are
provided for meetings of a civic, educational, political, religious, social or recreational
nature and which facilities are capable of accommodating in excess of 100 persons
S E C T I O N 5 - DEFINITIONS
5.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.16 "ASSISTED LIVING HOUSE" means a building or part thereof which accommodates
four or more residents who are aged, or physically or mentally infirm and who
require guidance in the activities of daily living, and where 24 hours a day, at least
the operator or one adult responsible to the operator, is on duty on the premises and
able to furnish such guidance but does not mean a group home as defined herein.
5.17 "ATTACHED" means that the roof, wall and foundation of a building or structure is
shared in common with another building or structure. Where the roof of one part of
the structure is below the roof of another, the roof of one part of the structure may be
shared in common with the wall of another.
5.18 "ATTIC" means that portion of a building situated wholly or partly within the roof,
which is not used as a habitable room and is not a one-half storey as defined herein.
5.19 "AUDITORIUM" means a building or structure where facilities are provided for
athletic, civic, education, recreational, political, religious or social events including,
but not so as to limit the generality of the foregoing, an arena, a community centre, a
bowling alley, a recreation centre, an assembly hall, a gymnasium, a stadium, a
cinema, a theatre or a playhouse.
5.20 "AUTOMOTIVE RACE EVENT" means a racing event for automotive vehicles such
as cars and trucks.
5.21 "AUTOMOBILE SERVICE STATION" means an establishment for the sale of
gasoline, lubricating oils and associated automotive fluids and accessories and also
may include an accessory service and repair facility for the undertaking of minor
repairs and maintenance of vehicles that are essential to their operation but does
not include a body shop or automobile washing establishment.
5.22 "AUTOMOTIVE USE" means an automobile service station, a gasoline bar, a motor
vehicle repair shop, a motor vehicle body shop or a vehicle sales or rental
establishment as defined herein.
5.23 "BAKERY" means a food processing establishment where food products for which
flour, grains, meal or sugar are the principal ingredients, are produced, mixed,
compounded, baked or otherwise prepared.
5.24 "BAKE SHOP" means a shop where products of a bakery are sold or offered for
sale by retail, including incidental baking of products for retail sale on the premises
only.
5.25 "BALCONY" means a stage or platform, other than a stoop, projecting from the wall
of a building and accessible from inside such building by means of a door.
S E C T I O N 5 - DEFINITIONS
5.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.26 "BANK" means an institution where money is deposited, kept, lent and exchanged
and shall include Trust Companies, Credit Unions, Chartered Banks and other like
financial institutions.
5.27 "BANQUET HALL" means a building or part of a building used for the purpose of
entertaining a large group of people where food and beverages (either alcoholic or
otherwise) are generally provided.
5.28 "BASEMENT" means that portion of a building between two floor levels with a
minimum height of 1.9 m which is partly underground, but which has at least one-
half its height from floor to ceiling above the average level of the adjoining grade.
5.29 "BED & BREAKFAST ESTABLISHMENT" means a single detached dwelling or
portion thereof, wherein not more than three (3) rooms are rented to persons for a
single night or for less than one (1) week at a time by the owner / lessee /
proprietor of the dwelling but does not include any type of institutional dwelling,
hotel, motel or a tourist establishment.
5.30 "BEDROOM" means a room located within a dwelling unit and used primarily for
sleeping.
5.31 "BERM" means a landscaped mound of earth.
5.32 "BINGO ESTABLISHMENT" means any premises or part thereof which is primarily
used for a specific game of chance, commonly known as bingo, in which prizes are
awarded on the basis of designated numbers or symbols on a card conforming to
numbers or symbols selected at random.
5.33 "BLOCK" means either all the land fronting on one side of a street between the
nearest streets that meet, intersect or cross that side, or where the street ends at the
municipal boundary or at a natural or artificial barrier, block means all the land
fronting on the one side between the nearest street that meets, intersects or crosses
that side and such boundary or barrier.
5.34 "BMX RACE TRACK" means a track for the off road racing of BMX bicycles.
5.35 "BODY RUB PARLOUR" means any premises or part thereof where a body rub is
performed, offered, or solicited in pursuance of a trade, calling, business or
occupation that does not include any premises or part thereof where the body rubs
performed are for the purposes of medical or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed or registered to
do so under the laws of the Province of Ontario.
5.36 "BODY SHOP" (See "Section 5.228 "MOTOR VEHICLE BODY SHOP")
S E C T I O N 5 - DEFINITIONS
5.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.37 "BONA FIDE FARM OPERATION" means a farm operation that provides full time
employment for one or more persons.
5.38 "BUFFER AREA" means a strip of land, which is restricted to ecological
enhancement, and restoration of the natural environment.
5.39 "BUILDING" means any structure consisting of walls and a roof which is used or
intended to be used for shelter, accommodation, or enclosure of persons, animals or
chattels, and includes any structure defined as a building in The Building Code Act,
1992, as amended, but does not include any vehicles as defined herein.
5.40 "BUILDING BY-LAW" means any by-law of the Corporation passed pursuant to The
Building Code Act, 1992, S.O. 1992.
5.41 "BUILDING HEIGHT" - (See "HEIGHT")
5.42 "BUILDING INSPECTOR" means a person duly appointed by Council and charged
with the duty of enforcing the provisions of The Building Code Act, 1992, S.O. 1992
and the provisions of the Building By-law.
5.43 "BUILDING LINE, ESTABLISHED" means the existing setback of an existing main
building on a lot, measured between the street line of the said lot and the nearest
part of such building, excluding any stoops, sun decks, porches, verandas,
sunrooms, balconies, exterior steps or architectural adornments.
5.44 "BUILDING LOT" means a lot for the exclusive use of the principle use, and
accessory uses thereto, permitted by the Zoning By-law and having a minimum
frontage of 12 m onto an improved street.
5.45 "BUILDING, MAIN" means a building in which the principal use is conducted on the
building lot on which it is located. In the case of the Residential Zone the dwelling is
the main building.
5.46 "BUILDING PERMIT" means a permit required by the Building By-law and/or The
Building Code Act, 1992.
5.47 "BUILDING SUPPLY SALES" means a building or structure in which building or
construction and home improvement materials are offered or kept for sale at retail
and may include the fabrication of certain materials related to home improvement.
5.48 "BUSINESS OFFICE" means a building or part thereof in which one or more
persons is employed in the management, direction or conducting of a public or
private agency, a business, a brokerage or a labour or fraternal organization
including, but not so as to limit the generality of the foregoing, an office accessory to
a permitted non-residential use, a telegraph office, a bank, the premises of a real
S E C T I O N 5 - DEFINITIONS
5.6
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
estate or insurance agent, a data processing establishment, a newspaper publisher
or a radio or television broadcasting station and related studios or theatres, but does
not include a retail store or a professional office.
5.49 "BY-LAW ENFORCEMENT OFFICER" means a person appointed by Council and
charged with the duty of enforcing the provisions of this By-law.
5.50 "CAMP" means a place where people are temporarily accommodated in tents,
whether or not washing and toilet facilities are provided in permanent buildings and
shall include a trailer park.
5.51 "CANDY KITCHEN" means a building or part thereof, other than a restaurant, used
for producing, mixing, compounding, cooling or otherwise preparing confectionary
products including, but not so as to limit the generality of the foregoing, chocolate,
candy, bon-bons and pastilles, where such prepared confectionary products are
offered for retail sale.
5.52 "CANOPY" means a protective roof like covering of fabric or like material, mounted
on a frame over an entrance doorway.
5.53 "CANTILEVER" means any projection beyond the foundation of a building whether
or not such projection is essential to the support of the main wall and includes corner
sills, belt courses and cornices.
5.54 "CARPORT" means a building or structure attached to a dwelling, at least forty
percent (40%) of the area of the perimeter walls of which are open and unobstructed
by any wall, door, post or pier;
(i) which is used for the temporary parking or storage of passenger motor vehicles,
recreational vehicle, or commercial vehicles of less than one (1) tonne maximum
capacity, and
(ii) wherein neither servicing or repairing is carried on for profit.
5.55 "CAR WASH" means a building or structure containing facilities specifically used or
intended to be used for washing vehicles either by production line methods
employing mechanical devices or by hand.
5.56 "CATERER'S ESTABLISHMENT" means an establishment in which food and
beverages are prepared for consumption off the premises and are not served to
customers on the premises or to take-out but does not include a restaurant.
5.57 "CELLAR" means that portion of a building between two floor levels with a minimum
height of 1.9 m which is partly or completely underground, and which has more than
one-half of its height from floor to ceiling below grade.
S E C T I O N 5 - DEFINITIONS
5.7
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.58 "CEMETERY" means land that is set apart or used as a place for the interment of
human remains, excluding crematoriums.
5.59 "CENTRAL BUSINESS DISTRICT" or "CBD" means the areas designated "Central
Business Districts" on Schedule "A" attached hereto.
5.60 "CHIEF BUILDING OFFICIAL" means the Chief Building Official appointed by
Council and charged with the duty of enforcing the provisions of The Building Code
Act, 1992, S.O, 1992, and the provisions of the Building By-law.
5.61 "CHARITABLE INSTITUTION" means a charitable, non-profit philanthropic
corporation which is exempt from taxation as a charitable institution pursuant to the
Assessment Act, R.S.O. 1990, as amended.
5.62 "CHURCH" means a building owned or occupied by a religious congregation or
religious organization and dedicated exclusively to worship and related religious,
social and charitable activities, with or without a church hall, a church auditorium,
convent or monastery, office of a clergyman, cemetery, Sunday school, parish hall
or a parsonage as uses accessory thereto, including a day nursery.
5.63 "CLINIC" means a building or part thereof used by medical doctors, dentists or
drugless practitioners for the purpose of consultation, diagnosis or treatment.
5.64 "COMMERCIAL", when used in reference to a building, structure, lot, use or activity,
means a building, structure, lot, use or activity pertaining to the buying or selling of
commodities or the supplying of services for remuneration, but does not include
activities associated with the manufacturing, warehousing or assembling of goods,
or with any construction work.
5.65 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle weighing in excess of
3,600 kg used for business, employment or commercial purposes and shall include
a tractor trailer or trailer for hauling purposes on the highway, earth moving
equipment, backhoes and farm tractors.
5.66 "COMMERCIAL REFUELLING STATION" means an establishment where vehicle
fuels and lubricants are offered for retail sale primarily for commercial vehicles such
as transport trucks but does not include a gasoline bar.
5.67 "COMMITTEE OF ADJUSTMENT" means the Committee of Adjustment of the
Town of Fort Erie delegated authority to authorize minor variances and for the giving
of consents in accordance with the provisions of Sections 45 and 53 of The Planning
Act, R.S.O. 1990.
S E C T I O N 5 - DEFINITIONS
5.8
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.68 "COMMUNICATION FACILITIES" means a
building
or structure where
communication-related activities such as newspaper production, television or
radio broadcasting, wireless transmission or internet facilities occur.
5.69 "COMMUNITY CENTRE" means the use of buildings or structures for the
purposes of active and passive recreation, social gathering and other events
including a day care facility and may have accessory commercial and office space
to a maximum of 10% floor space".
5.70 "COMMUNITY GARDEN" Means an area of land managed and maintained by a
group of individuals for the purpose of cultivation of plants for personal
consumption.
5.71 "CONSERVATION OF PLANT AND WILDLIFE" means land left in its natural state
for the purpose of providing sanctuary, habitat and breeding grounds for wild
birds, animals and plant-life and includes a forest reserve.
5.72 "CONSTRUCTION TRADES ESTABLISHMENT" means the wholesale sale of
construction trade products and includes uses such as building supply yards,
equipment and materials storage, tradesmen's shops, contractor's yards and
accessory office uses.
5.73 "CONVENIENCE RETAIL STORE" means a retail store serving the daily or
occasional needs of the residents in the immediate area with a variety of goods
including but not limited to groceries, meats, beverages, dairy products, patent
medicines, sundries, tobacco, stationery, hardware, magazines, newspapers, and
video sale and rental.
5.74 "CONVERTED
SHIPPING/CARGO
CONTAINER"
means
shipping/cargo
container(s) is no longer being used for its intended purpose, is subject to site plan
control and complies with the site plan filed with the Town.
5.75 "CO-OPERATIVE CENTRE" means a building that provides space for the following
types of accessory activities: day-care facilities, office facilities directly related to the
running of the Co-operative or the Co-operative Centre, meeting rooms, recreational
facilities and other accessory uses for the Co-operative. The Co-operative Centre
would be available to residents of the Co-operative as well as the community.
(BOARD ORDER Z920023).
5.76 "CORPORATION" means the Corporation of the Town of Fort Erie.
5.77 "COTTAGE" means a detached building that is not equipped with a permanent
central heating system, used as an occasional resort for recreation, rest or
relaxation, but not occupied continuously or used as a principal residence.
S E C T I O N 5 - DEFINITIONS
5.9
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.78 "COUNCIL" means the Council of the Corporation of the Town of Fort Erie.
5.79 "COURT" means an open, uncovered and unoccupied space, appurtenant to a
building and abutted on two or more sides by buildings.
5.80 "COURT, DEPTH OF" means the greatest horizontal dimension of a court.
5.81 "COURT, OUTER" means a court which extends to or opens upon a yard, street or
public lane.
5.82 "COURT, WIDTH" means the least horizontal dimension between the opposite sides
measured at right angles to the longest sides of a court.
5.83 "CUSTOM BROKERS" means an establishment primarily engaged in arranging
transportation of freight between shippers and carriers, offering a combination of
services spanning transportation modes.
5.84 "CUSTOM WORKSHOP" means a building or part of a building used by a trade,
craft or guild for the manufacture of custom-made quantities of made-to-measure
clothes, or articles and includes upholstering, but does not include metal spinning,
woodworking or furniture manufacturing or any factory production or any shop or
factory otherwise classified or defined in this By-law.
5.85 "DAIRY" means and includes a creamery, cheese or butter factory, condensed or
powdered milk factory, ice cream factory, milk pasteurization and bottling plant, milk
or cream shipping or receiving station, and any other similar use and may include an
accessory retail outlet to sell those products produced on the premises, providing
the floor area devoted to retailing does not exceed 10% of the gross floor area of the
principal structure.
5.86 "DANGEROUS TRADES" means a use which is likely to create danger to health or
danger from fire or explosion.
5.87 "DAY NURSERY" means a premises licensed by the Province of Ontario, that
receives more than five children, who are not of common parentage, primarily for
the purpose of providing temporary care or guidance (or both) for a continuous
period not exceeding 24 hours.
5.88 "DAYLIGHTING TRIANGLE" when used in this By-law means the same thing as a
"SIGHT TRIANGLE" as defined in Subsection 5.231 of this By-law.
5.89 "DECK" means a roofless, unenclosed structure, accessory to a dwelling, consisting
of a platform raised above finished grade, with or without steps.
S E C T I O N 5 - DEFINITIONS
5.10
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.90 "DEPARTMENT STORE" means a store organized into a number of individual
departments selling a great variety of merchandise including men's and women's
clothing and home furnishings.
5.91 "DETACHED" means "not attached".
5.92 "DEVELOPMENT" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a building
or structure that has the effect of substantially increasing the size or usability thereof,
or the laying out and establishment of a commercial parking lot.
5.93 "DEVELOPMENT AGREEMENT" - (See "SITE PLAN AGREEMENT")
5.94 "DINING ROOM" means that part of a restaurant, refreshment room or other
building, other than a dwelling, which is used for the consumption of food or
beverages by persons seated at booths, counters, tables, or a combination thereof.
5.95 "DRAG RACING" means the racing of motor vehicles in pairs from a standing start
over a measured distance from a starting line to a finish line on a straight track.
5.96 "DRESSMAKING SHOP" - (See "TAILOR OR DRESSMAKING SHOP")
5.97 "DRIVER EXPERIENCE FACILITIES" means a building or parts thereof containing
classrooms and garages for driver training.
5.98 "DRIVEWAY" means a vehicle access provided between a street or lane and a
parking area or a loading space, or between two parking areas, but does not include
a parking aisle.
5.99 "DRY CLEANING OUTLET" means a building used for the purpose of receiving
articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing,
or cleaning elsewhere and for the pressing and distribution of any articles or goods
which have been subjected to any such process.
5.100 "DRY CLEANING PLANT" means a building or part thereof where dry cleaning,
dry dyeing, cleaning or pressing of articles or goods of fabric is carried on and may
include a dry-cleaning outlet but does not include a laundry or laundromat.
5.101 "DUNE STABILIZATION" means the action of planting on sand dunes with
grasses or other native plants for the purpose of maintaining the structure of the
dune.
5.102 "DWELLING" means a building containing one or more dwelling units.
S E C T I O N 5 - DEFINITIONS
5.11
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(a) "DWELLING, ACCESSORYUNIT" means a self-contained Dwelling Unit
created through converting of or adding onto a single detached, semi-
detached or rowhouse/townhouse dwelling.
(b) "DWELLING, DETACHED ACCESSORY UNIT" means a detached
accessory building on a lot which is ancillary to a single detached, semi-
detached or rowhouse/townhouse dwelling and contains a Dwelling Unit."
(c) "DWELLING, APARTMENT BUILDING " means a dwelling containing 4 or
more dwelling units accessible from a corridor system connecting with a
common entrance from outside the dwelling, where the occupants of such
units have the common right to use halls, stairs, elevators and yards, the said
dwellings being located on a single lot with or without other dwellings, such
lot being held and maintained under one ownership or under condominium
ownership pursuant to The Condominium Act, 1998 as amended, or any
successor legislation.
(d) "DWELLING, BLOCK BACK-TO-BACK TOWNHOUSE" means a dwelling
containing three or more dwelling units having private independent entrances
directly from a yard and being attached horizontally in whole or in part above
grade and being divided vertically from each other by a common wall and
sharing a common rear wall with one or more units, the said dwelling being
located on a single lot being held and maintained under one ownership or
under condominium ownership pursuant to the Condominium Act, 1998, as
amended, or any successor legislation.
(e) "DWELLING, BLOCK TOWNHOUSE" means a dwelling containing three or
more dwelling units having private independent entrances directly from a
yard and being attached horizontally in whole or in part above grade and
divided vertically from each other by a common wall, the said dwelling being
located on a single lot, such lot being held and maintained under one
ownership or under condominium ownership pursuant to The Condominium
Act, 1998, as amended, or any successor legislation.
(e) "DWELLING, BOARDING HOUSE" means a single dwelling that contains a
dwelling unit occupied and used by the owner of such dwelling as his
principal residence together with not less than two and not more than four
accessory guest rooms.
(f) "DWELLING, DUPLEX" means a dwelling which is divided horizontally into
two dwelling units, each of which has an independent entrance either directly
from a yard or from a common vestibule.
S E C T I O N 5 - DEFINITIONS
5.12
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(g) "DWELLING, FOURPLEX" means a dwelling which is divided both
horizontally and vertically into 4 dwelling units, each of which has an
independent entrance from a yard or a common vestibule.
(h) "DWELLING, MAISONETTE" means a back-to-back townhouse dwelling.
(i) "DWELLING, ROWHOUSE" for the purpose of this by-law a rowhouse
dwelling shall be considered to be interchangeable with "DWELLING,
BLOCK TOWNHOUSE" and/or "DWELLING, STREET TOWNHOUSE".
(j) "DWELLING, SEASONAL" means a dwelling unit constructed as a
secondary place of residence for seasonal use only.
(k) "DWELLING, SEMI-DETACHED" means a pair of dwelling units which are
attached together in whole or in part, either above grade or below grade and
divided vertically from each other by a common wall and each of which has a
private, independent entrance directly from a yard and said pair of dwelling
units shall be free standing, separate and detached from other main buildings
or structures. Where such attachment is above grade a minimum of 35% of
the vertical wall area shall be attached, and where below grade, a minimum
of 10% or 4 sq. m, whichever is the greater of the vertical wall area shall be
attached.
(l) "DWELLING, SINGLE DETACHED" means a dwelling unit which is
freestanding, separate and detached from other main buildings or main
structures.
(m) "DWELLING, SPLIT-LEVEL" means a dwelling unit in which the first floor
above finished grade is so constructed as to create two or more different
levels, the vertical distance between such levels being always less than the
full storey. For the purpose of this By-law, a split-level dwelling shall be
considered as a one-storey dwelling.
(n) "DWELLING, STREET TOWNHOUSE" means a group of not less than 3
but not more than 8 dwelling units which are attached together horizontally in
whole or in part above grade and divided vertically from each other by a
common wall between each two adjacent dwelling units and each of which
fronts onto a travelled public road and has a private independent entrance
directly from a yard.
(o) "DWELLING, TRIPLEX" means a dwelling other than a converted dwelling,
which is divided into three dwelling units, each of which has an independent
entrance either directly from a yard or from a common vestibule.
S E C T I O N 5 - DEFINITIONS
5.13
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.103 "DWELLING UNIT" means a suite of habitable rooms which:
(i)
is located in a building;
(ii)
is used or intended to be used in common by one or more persons as a
single, independent and separate housekeeping establishment;
(iii)
contains food preparation and sanitary facilities provided for the exclusive
common use of the occupants thereof, and
(iv)
has a private entrance directly from outside the building or from a common
hallway or stairway inside the building.
5.104
"DWELLING UNIT AREA" means the aggregate floor area of habitable rooms
in a dwelling unit excluding basements, cellars, attics, garages, or carports,
balconies, sunrooms, verandas, porches and the thickness of all exterior walls.
5.105
"DYNAMIC
BEACH
HAZARD"
means
areas
if
inherently
unstable
accumulations of shoreline sediments along Lake Erie and the Niagara River as
identified by provincial standards as amended from time to time. The dynamic
beach hazard limit consists of the flooding hazard plus a dynamic beach
allowance.
5.106
"EATING ESTABLISHMENT" means a building or part of a building where food
is offered for sale or sold to the public for immediate consumption and includes
such uses as an eat-in restaurant, take-out restaurant, drive-in restaurant, drive-
thru restaurant, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar,
coffee shop, snack bar or refreshment room or stand, but does not include a
boarding or lodging house.
5.107
"EMISSION" means any corrosive gases, dust, dirt, fly ash, electromagnetic
fields, heat, glare, odours, smoke, toxic gases or radiation issuing from a
building, structure or lot.
5.108
"EQUESTRIAN CENTRE" means the use of land, buildings, or structures for
the boarding of horses, the training of horses and riders, and the staging of
equestrian events, but does not include the racing of horses.
5.109
"EQUINE RELATED MANUFACTURING FACILITIES" means a building, or
part thereof, used for the manufacturing of equine related products including but
not limited to tack, carts, buggies, sulkies, and carriage manufacturing.
5.110
(a) "ERECT" means to build, place, construct, reconstruct, relocate or alter by
means of an addition, enlargement or extension, and includes any preliminary
physical operation preparatory to such building, construction, reconstruction or
S E C T I O N 5 - DEFINITIONS
5.14
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
relocation including, but not so as to limit the generality of the foregoing,
excavating, filling or draining.
(b) "ERECTED" and "ERECTION" shall have corresponding meanings.
5.111
"EROSION HAZARD" means the loss of land, due to human or natural
processes, that poses a threat to life and property. The erosion hazard limit is
determined using considerations that include the 100-year erosion rate (the
average annual rate of recession extended over a one hundred year time span),
an allowance for slope stability, and an erosion/erosion access allowance.
5.112
"EVENT PARKING" means temporary parking area which operates between
May 1st and October 31st in any given year.
5.113
"EXISTING" means "lawfully existing prior to the date of passing of this By-law".
5.114
"EXTERIOR FACADE" means the shape, colour and type of material of the
facing of any exterior wall of a building or structure.
5.115
"FACTORY OUTLET" means a building, or part thereof, accessory to, and
clearly secondary to, a manufacturing plant, food processing establishment,
warehouse, petty trade or merchandise service shop, wherein products
manufactured, produced, processed or stored on the premises are kept for
display and offered for wholesale or retail sale, or wherein orders are taken for
the delivery of such products, and such area shall not exceed 10% of the gross
floor area of the principal structure.
5.116
"FARM" means land used for agricultural uses and includes a farm dwelling and
accessory buildings, which may include accommodation for full time or seasonal
farm workers.
5.117
"FARM HELP HOUSE, PERMANENT" means a building located on the same
lot and accessory to an agricultural use and which is provided and maintained by
the owners of the lot for the accommodation of persons employed full time in
agriculture by the owner of the lot.
5.118
"FARM HELP HOUSE, SEASONAL" means a trailer located accessory to a
principal farm dwelling and used only for the accommodation of one or more
persons employed on the farm between April 1st and November 30th of each
calendar year.
5.119
"FARM SUPPLY AND SERVICE ESTABLISHMENT" means the use of land
and/or buildings or structures for the provision of goods, materials or services
that are necessary to support an agricultural use as permitted in this by-law and
without limiting the generality of the foregoing may include such goods and
S E C T I O N 5 - DEFINITIONS
5.15
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
services as machinery sales and service, welding, contracting trades related to
agriculture, custom equipment operations, veterinary services and processing
and storage of seed, feed, fertilizer and agricultural chemicals.
5.120
"FARM WINERY" means a farm on which buildings and structures are used for
the making of wines from Niagara Fruit, a minimum of 50% of which is grown
exclusively on site.
5.121
"FENCE" means a vertical physical barrier constructed to provide a visual
screening or to prevent unauthorized access and includes the posts and/or
supporting structure.
5.122
"FINANCIAL INSTITUTION" means a building or premises used by a bank,
credit union, trust company, finance company, mortgage company or
investment company.
5.123
"FINISHED GRADE" means the average elevation of the finished surface of the
ground of a building or structure, exclusive of any artificial embankment abutting
such building or structure.
5.124
"FITNESS CENTRE" means a premises in which facilities and activities are
provided to obtain physical fitness and shall include weightlifting machinery and
equipment and may include exercise classes and associated facilities such as a
sauna, retail store, office space and related lounge facilities.
5.125
"FLOOD" means a temporary inundation of lands adjacent to the normal low
flow channel of a watercourse.
5.126
"FLOODING HAZARD" means the inundation, under the conditions specified
below, of areas adjacent to a shoreline or a river or stream system and not
ordinarily covered by water:
a) Along the shore of Lake Erie, the flooding hazard limit is based on the 100
year flood level plus an allowance for wave uprush and other water related
hazards.
b) Along river, stream and small inland lake systems, the flooding hazard limit is
the greater of:
i) the 1- and 100-year flood; and
ii) a flood which is greater than which was actually experienced in a particular
watershed or portion thereof as a result of natural ice jams and which has
been approved as the standard for that specific area by the Minister of
Natural Resources.
S E C T I O N 5 - DEFINITIONS
5.16
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
c) except where the use of the 1- and 100-year flood or the actually experienced
event has been approved by the Minister of Natural Resources as the standard
for a specific watershed (where the past history of the flooding supports the
lowering of the standard).
5.127
"FLOOD, 100-YEAR" means a flood which has a one percent probability of
occurring or being exceeded in any given year. The flood is likely to occur or be
exceeded on an average of once every one hundred years. It is the flood used
for regulatory purposes in the municipality of Fort Erie.
5.128
"FLOODPLAIN" means the land adjacent to a waterbody which will be
inundated in the event of a flood.
5.129
"FLOOR AREA" means the area of a floor or floors in a building exclusive of
basements, cellars, attics, garages, carports, sunrooms, verandas, or porches
including the thickness of all exterior walls.
5.130
"FLOOR AREA, GROSS" means the aggregate of the floor areas of all storeys
of a building or structure, other than an attic or a cellar, excluding the floor area
of any private garage.
5.131
"FLOOR AREA, GROUND" means the floor area of the first storey of a building,
excluding the floor area of any private garage.
5.132
"FLOOR AREA, NET" means that portion of the gross floor area of a building
which is used exclusively for a non-residential use defined herein or specifically
named elsewhere in this By-law, but excluding:
(i)
any part of such building used for any other non-residential uses which are
defined herein or specifically named elsewhere in this By-law;
(ii) any part of such building used as a dwelling unit, a public concourse, or a
common hallway or stairway not used exclusively by the said non-
residential use;
(iii) any part of such building used solely for the storage of electrical equipment
or of equipment to heat, cool, or otherwise control the environment of, such
building or a portion thereof:
(iv) and the thickness of any exterior walls of such building.
5.133
"FLORIST" means a retail store where flowers and plants are sold or offered for
sale to the public and such uses may include the incidental raising and arranging
of flowers and plants for sale in the store.
5.134
"FOOD PROCESSING ESTABLISHMENT" means a building or part of a
building, other than a restaurant or a refreshment room in which agricultural
S E C T I O N 5 - DEFINITIONS
5.17
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
products are prepared, processed, preserved or stored for human consumption,
and includes a dairy, a bakery, a cannery, a catering establishment or a soft
drink manufacturing establishment.
5.135
"FORESTRY USE" means the general raising and harvesting of wood and
without limiting the generality of the foregoing, includes the raising and cutting of
fuel wood, pulp wood, lumber, Christmas trees and other forest products.
5.136
"FRONTAGE" - (See "LOT FRONTAGE")
5.137
"FRONT LOT LINE" - (See "LOT LINE FRONT")
5.138
"FRONT YARD" - (See "YARD")
5.139
"FUEL STORAGE TANK" means a tank used or intended to be used for the
bulk storage of combustible or inflammable liquids or gases including, but not so
as to limit the generality of the foregoing, petroleum or petroleum products.
5.140
"GAME" means any combination of Black Jack tables, Rapid Black Jack tables,
Wheels of Fortune and other games as may be authorized by the Provincial
Director of Gaming Services in accordance with the provisions of the Gaming
Control Act S.O. 1992.
5.141
"GAMING FACILITY" means a place which is used to conduct any gaming
activities that are licensed and/or regulated by the Province of Ontario including a
casino.
5.142
"GAMING POSITION" means each seat at a gaming table, slot machine, video
lottery terminal and any other games as may be authorized by the province.
5.143
"GAMING PREMISES" means a place which is used to conduct Monte Carlo
gaming events pursuant to the Gaming Control Act S.O. 1992 (BY-LAW 235-93).
5.144
"GARAGE" means an enclosed or partially enclosed building or structure for the
storage of one or more vehicles having a minimum internal dimension of 6.0m
depth x 3.0m width x 2.4m height but does not include a carport.
5.145
"GARAGE, MUTUAL" means a private garage which:
(i)
contains sufficient space for the parking of not less than two permitted
vehicles;
(ii)
is situated astride a common side lot line between two adjacent lots; and
(iii)
is accessory to a main use on each of such lots.
5.146
"GARAGE, PUBLIC PARKING" means a building, other than a private or
neighbourhood garage, which is used for the sheltering of motor vehicles.
S E C T I O N 5 - DEFINITIONS
5.18
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.147
"GARAGE, SEMI-DETACHED" means a garage vertically divided by a
common wall into two separate garages each of which has an independent
entrance.
5.148
"GARAGE SALE" means a sale conducted on a residential property by an
occupant of such residential property, of household goods belonging to the
occupant, and includes a yard sale and the like.
5.149
"GARDEN CENTRE" means land and building or either of them used for the
growing and sale of any type of plants, trees and shrubs, and the sale of garden
supplies, including tools, ceramics and related materials essential to
landscaping, gardening and greenhouse operations as well as the sale of
agricultural produce.
5.150
"GASOLINE BAR" means an establishment where vehicle fuels and lubricants
are offered for retail sale but does not include a commercial refuelling station.
5.151
"GO-KART TRACK" means a paved track for the racing of a low motor vehicle
with four wheels and an open framework.
5.152
"GOLF COURSE" means a public or private area operated for the purpose of
playing golf and includes a driving range, a miniature golf course or similar uses
operated for commercial purposes.
s.
5.153
"GRADE" when used with reference to a street, road or highway, means the
elevation of the street, road or highway established by the Town or other
designated authority.
5.154
"GRANDSTAND" means a large permanent structure for seating spectators.
The grandstand is multi-tiered and is covered with a roof.
5.155
"GREENHOUSE" means a building or structure having a permanent foundation
constructed chiefly of glass or plastic and which is used for cultivation of plants
and vegetables and the propagation of plants.
5.156
"GREENHOUSE PRODUCT OUTLET" means a building or structure
accessory to a greenhouse when greenhouse products are offered for retail sale
on the same lot as the greenhouse.
5.157
"GREEN ROOF" means an engineered roofing system that permits the
planning and growth of permanent vegetation on a rooftop. Green roofs may act
as a common amenity area provided the primary functions for stormwater
management and environmental benefits are maintained.
S E C T I O N 5 - DEFINITIONS
5.19
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.158
"GROUP HOME" means a dwelling unit in a residential dwelling in which three
to eight persons (excluding staff or receiving family) reside under responsible
supervision consistent with the requirements of its residents The home is
licensed or approved under Provincial statute and is in compliance with Town by-
laws.
5.159
"GUEST ROOM" means a room or suite of rooms wherein temporary
accommodation, with or without meals, is provided for gain or profit to one or
more persons.
5.160
"HABITABLE ROOM" means a room which:
(i)
is located within a dwelling unit;
(ii)
is designed for living, sleeping or eating, or contains sanitary or food
preparation facilities;
(iii)
can be used at all times throughout the year, and;
(iv)
has a minimum height of 2.0 m;
but does not include any room defined as a Non-Habitable Room.
5.161
"HEALTH CARE FACILITY" means any building or part of a building that is
used exclusively by physicians, dentists and drugless practitioners registered
under the Drugless Practitioners Act, R.S.O, 1990 or any of them, their staff
and their patients or clients for the purpose of consultation, diagnosis and
office treatment in connection with the practice of medicine, the practice of
dentistry or practice as a drugless practitioner.
5.162
"HEIGHT OF BUILDING" means the vertical distance between finished grade
along the front elevation and:
i) the highest point of the roof surface for a gable, hip, gambrel or mansard
roof
ii) the highest point of a parapet wall of a flat roof
iii) the highest point of the roof surface for any other type of roof.
5.163
"HEREAFTER" means after the date of the passing of any applicable provision
of the By-law.
5.164
"HEREIN" means "in this By-law" and shall not be limited to any particular
section of the By-law.
5.165
"HEREOF" and "HERETO" means "of this By-law" and "to this By-law"
respectively.
5.166
"HOME FOR THE AGED" means a home for senior citizens sponsored and
administered by a public agency or service club, or any other non-profit
S E C T I O N 5 - DEFINITIONS
5.20
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
organization, which obtains its financing from Federal, Provincial, Municipal
Governments or agencies and may include accessory uses such as club and
lounge facilities, usually associated with senior citizen development.
5.167
"HOME OCCUPATION" means an occupation, trade, business, profession, or
craft, carried on as a secondary and incidental use within any dwelling unit
and/or accessory structure, which is carried out by the residents of the dwelling
in which the home occupation is located and up to one (1) employee, and is
subject to the limitations of Section 6.8 of this By-law.
5.168
"HOOP HOUSES" means a temporary building used for the winter protection of
nursery stock, which is:
i) placed on the surface of the ground and has no permanent foundation;
ii) not heated; and
iii) the sides and/or roof of which is in place for less than six months of the
year.
For the purposes of this By-law, a hoop house shall not be included in the
calculation of maximum coverage.
5.169
"HOSPICE" means a facility that provides palliative care and attends to the
emotional and spiritual needs of terminally ill patients.
5.170
"HOSPITAL" means a hospital as defined in the Public Hospitals Act, R.S.O.
1990 and a private hospital as defined in the Private Hospitals Act, R.S.O.
1990.
5.171
"HOTEL" means any establishment so defined in the Hotel Registration of
Guests Act, R.S.O. 1990, as amended from time to time, or any successors
thereto, and includes a motel or motor hotel.
5.172
"IMPROVED STREET" - (See "STREET IMPROVED")
5.173
"INDUSTRIAL USE" means the use of land, buildings or structures for the
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods and related accessory uses.
5.174
"IN-HOME PET BOARDING" means a home occupation, in which the care
and temporary overnight accommodation of not more than three (3) domestic
household pets, in return for remuneration, is permitted but shall not include
any outdoor facilities or a "Kennel" or "Pet Day Care Establishment" as defined
herein.
S E C T I O N 5 - DEFINITIONS
5.21
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.175
"INFILL LOT" means a lot abutted on at least two (2) sides, not including the
rear, by lots containing dwellings that have existed for a minimum of eight (8)
years.
5.176
"INSTITUTIONAL" means the use of land, buildings or structures for religious,
charitable, educational, health or welfare purposes, and without limiting the
generality of the foregoing includes churches, places of worship, public or private
schools, day nursery, public or private hospital, children's home, nursing home,
home for the aged or infirm, monastery, convent, and training school.
5.177 "INTERIOR SIDE LOT LINE" - (See "LOT LINE INTERIOR SIDE")
5.178
"INTERIOR SIDE YARD" - (See "YARD")
5.179
"KENNEL" means a structure, building or fenced run or any part thereof, or
areas of land in which domesticated animals are bred, raised, trained, sold or
kept for sale or boarded in return for remuneration, but does not include a "Pet
Day Care Establishment" as defined in this by-law.
5.180
"LANDSCAPEDOPEN SPACE" means a non-hardscape open area on a lot
which is:
(i) unoccupied by any building with the exception of a building with a green
roof;
(ii) used or intended to be used for the growth and maintenance of grass,
flowers, shrubs, bushes, trees and other vegetation, and for the provision
of other landscaping features including, but not limited to, planting strips,
facilities for outdoor recreation, play areas, and surfaced walks and patios
if they are permeable;
(iii) but does not include any part of a non-permeable hardscape driveway or
parking area, curbsor any retaining wall, roof-top terrace, balcony,
swimming pool or space enclosed within a building.
5.181
"LANE" means a walkway, emergency access or any other passageway or
right-of-
way, open from ground to sky, not constituting a street but laid down
upon a registered plan and dedicated to public use or legally granted or
conveyed as a right-of-way for use in common by adjacent landowners.
5.182
"LAUNDROMAT" means a self-serve clothes washing establishment containing
one or more washers and drying, ironing, finishing or other incidental equipment,
available for use by the public for a fee.
S E C T I O N 5 - DEFINITIONS
5.22
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.183
"LAUNDRY" means a building or a part thereof where the washing, drying and
ironing of articles or goods of fabric is carried on but does not include a dry-
cleaning plant or Laundromat.
5.184
"LEGAL" or "LAWFUL", when used in reference to a use, a lot, a building or a
structure, means a use, a lot, a building or a structure permitted by law, which
complies with any and all restrictions and regulations lawfully imposed by the
Corporation or by any governmental authority having jurisdiction to make such
restrictions and regulations.
5.185
"LEGALLY" or "LAWFULLY" have corresponding meanings.
5.186
"LEGAL SIGN" - (See "SIGN")
5.187
"LIBRARY, PUBLIC" means a library, branch library or distributing station
under The Public Libraries Act, R.S.O. 1990.
5.188
"LIQUOR STORE" means a building or part thereof in which spirits, wine and
beer or any combination thereof and includes any alcohol in a form appropriate
for human consumption as a beverage, alone or in combination with any other
matter are offered for retail sale for consumption elsewhere in accordance with
the Liquor Licence Act R.S.O. 1990.
5.189
"LIVESTOCK FACILITIES" means barns, buildings or structures where animals
are housed and shall also include beef feedlots and the associated manure
storage facilities. "LIVESTOCK UNIT" means the equivalent values for various
types of animals and poultry based upon production and production cycles.
5.190
"LIVESTOCK HOUSING CAPACITY" means the total maximum number of
livestock that can be accommodated in a livestock facility at any one time.
5.191
"LIVESTOCK OPERATIONS" means land or buildings where the economic
activity and/or land use is the raising of livestock constituting over two animal
units.
5.192
"LOADING SPACE" means an off-street space or berth located on the same lot
as a permitted use and used for the parking of a commercial vehicle loading and
unloading merchandise or materials pertinent to such permitted use.
5.193
"LOCAL SHOPPING CENTRE" means one or more buildings or part thereof
containing two or more separate permitted commercial uses with a maximum
floor area of 7500 m2, which is designed and maintained as a single integrated
site, whether or not such shopping centre is situated upon one lot or two or more
lots.
S E C T I O N 5 - DEFINITIONS
5.23
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.194
"LOT" means a parcel of land:
(i)
which is a whole lot as shown on a Registered Plan of Subdivision, but a
Registered Plan of Subdivision for the purposes of this Section does not
include a Registered Plan of Subdivision or part of a Registered Plan of
Subdivision which has been deemed not to be a Registered Plan of
Subdivision under a by-law passed pursuant to Section 50(4)of the
Planning Act, R.S.O. 1990;
(ii)
is a separate parcel of land without any adjoining lands being owned by the
same owner or owners as of the date of passing of this By-law, but does
not include a condominium unit within a Registered Plan of Condominium;
or
(iii)
the description of which is the same as in a deed for a parcel of land which
has been severed pursuant to Section 53 of the Planning Act, R.S.O.
1990; or, the description of a remnant parcel which results from the
adjacent parcel having received the necessary severance, but for the
purpose of this paragraph, no parcel or tract of land ceases to be a lot by
reason only of the fact that a part or parts of it has or have been conveyed
to or acquired by the Town, the Regional Municipality of Niagara, Her
Majesty the Queen in the Right of Ontario, or Her Majesty the Queen in the
Right of Canada.
5.195
"LOT, AREA" means the total horizontal area within the lot lines of a lot,
excluding the horizontal area of such lot covered with water or marsh.
5.196
"LOT, CORNER" means a lot having 2 or more street lines intersecting at an
angle of not more than 135 degrees, provided that where the street lines of a lot
are curved, the angle of intersection of such 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 interior lot lines, and 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.
5.197
"LOT COVERAGE" means that percentage of the lot area covered by all
buildings and structures above ground level; but does not include that portion of
the lot area which is occupied by a building, structure or a portion thereof and
which building, structure or portion thereof is completely below ground level;
and does not include uncovered and unenclosed steps, decks or patios of
permeable construction that are less than 2.0 m above grade. For the purpose
of this Section, the lot coverage in each zone applies and shall be deemed to
apply only to that portion of such lot that is located within said zone.
5.198
"LOT DEPTH" means:
S E C T I O N 5 - DEFINITIONS
5.24
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(i)
the shortest horizontal distance between the rear lot line and the front lot
line of a lot, where such lot lines are parallel;
(ii)
the horizontal distance between the mid-point of the rear lot line and the
mid-point of the front lot line of a lot, where such lot lines are not parallel; or
(iii)
the horizontal distance between the mid-point of the front lot line and the
point of intersection of the side lot lines of a lot where there is no rear lot
line.
5.199
"LOT FRONTAGE" means the horizontal distance between the side lot lines
measured along the front lot line, but where the front lot line is not a straight line
or where the side lot lines are not parallel, the lot frontage is to be measured by a
line 7.5 m back on a line perpendicular to a line joining mid points of front and
rear lot lines.
5.200
"LOT, INTERIOR" means a lot other than a corner lot which is accessible from
an improved street.
5.201
"LOT LINE" means any boundary line of a lot but does not include the boundary
of a condominium unit.
5.202
"LOT LINE, EXTERIOR SIDE" means a side lot line that is also a street line.
5.203
"LOT LINE, FLANKING" means the lot line that intersects the front lot line and
divides the lot from a street.
5.204
"LOT LINE, FRONT" means the lot line that divides the lot from a public or
private street , but;
(i)
in the case of a corner lot the shorter street line shall be deemed to be the
front lot line and the longer street line(s) shall be deemed to be side lot
line(s), but
(ii)
in the case of a corner lot with two (2) street lines of equal length, the lot
line that abuts the wider street, or abuts a Regional Road or Highway shall
be deemed to be the front lot line, and in the case of both streets being
under the same jurisdiction, or 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;
(iii) in the case of a through lot, the front lot line shall be deemed to be the
street line where the principal access to adjoining lots is provided.
5.205 "LOT LINE, INTERIOR SIDE" means a side lot line other than an exterior side
lot line.
S E C T I O N 5 - DEFINITIONS
5.25
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.206
"LOT LINE, REAR" means in the case of a lot having 4 or more lot lines, the lot
line farthest from and opposite to the front lot line, except that where a lot has
less than 4 lot lines there shall be deemed to be no rear lot line.
5.207
"LOT LINE, SIDE" means the lot line that extends from the front lot line to the
rear lot line or other side lot line.
5.208
"LOT, REGISTERED" means a parcel of land described in a deed or other
document legally capable of conveying land or shown as a lot or block on a
registered plan of subdivision.
5.209
"LOT, THROUGH" means any interior lot having two or more street lines.
S E C T I O N 5 - DEFINITIONS
5.26
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.210
"MAIN BUILDING" means the building in which is carried on the main use for
which the building lot is used and in a residential zone the dwelling is the main
building.
5.211
"MAIN USE" means the principal use of the lot on which the building or
structure is located.
5.212
"MANUFACTURING" means a building, structure or part thereof, with or without
an accessory business office or an accessory warehouse, in which is carried on
any process, activity or operation pertaining to the making or remaking of an
article or part thereof, including, but without limiting the generality of the
foregoing, the following processes:
(i)
adapting for sale;
(ii)
altering;
(iii)
assembling;
(iv)
cleaning;
(v)
fabricating;
(vi)
finishing;
(vii) packing;
(viii) polishing;
(ix)
processing
(x)
ornamenting;
(xi)
refinishing;
(xii) repairing;
(xiii) restoring;
(xiv) washing.
5.213
"MARINA" means a building, structure or place, containing docking facilities and
located on a navigable waterway, where boats or boat accessories are stored,
serviced, repaired, launched or kept for sale and where a full range of marine
services may be provided including fuelling, and sewage pumpout facilities,
showers, foodstuffs, laundry facilities, and restaurants.
5.214
MEDICAL MARIHUANA GROW AND PRODUCTION FACILITIES" means a
building or structure used for the cultivation, processing, testing, destruction,
packaging and shipping of marihuana used for medical purposes as permitted
under the federal government's Marihuana for Medical Purposes Regulations
(MMPR) as amended from time to time, or any successors thereto.
5.215
"MICROBREWERY" means an establishment where a maximum of 10,000
hectolitres of beer is produced per annum. Beer produced at the establishment
may be sold for consumption on site and/or sold for consumption off-site".
5.216
"MINIMUM DISTANCE SEPARATION FORMULA" means the formula which,
is used to calculate an appropriate distance between an existing or proposed
S E C T I O N 5 - DEFINITIONS
5.27
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
livestock building and other uses on surrounding properties as set out in the
Agricultural Code of Practice as amended or replaced from time to time.
5.217
"MOBILE HOME" means any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the
motor vehicle, notwithstanding that such vehicle is jacked up or that its running
gear is removed, but not including any vehicle used or intended for the living,
sleeping, or eating accommodation of persons therein for permanent year-round
use.
5.218
"MODEL HOME" means a single detached dwelling, semi-detached dwelling,
street townhouse dwelling, or a block townhouse dwelling, used in the interim
for the sole purpose of an office and/or show room and/or sales centre to
promote the sale of residential units within a draft approved plan of subdivision
proposed for registration.
5.219
"MONTE CARLO GAMING EVENTS" means a gaming event at which any
combination of games may be played in accordance with the provisions of the
Gaming Control Act S.O. 1992.
5.220
"MOTEL" means a separate building or two (2) or more connected or detached
buildings designed and used for the purpose of catering to the needs of the
travelling public by furnishing sleeping accommodation with or without supplying
food and/or other refreshments, and without limiting the generality of the
foregoing, shall include a motor court and motor hotel.
5.221
"MOTORSPORTS EMERGENCY COMMAND CENTRE" means a building or
part thereof that is for the exclusive use of emergency services providers to
respond to emergencies that may arise during a Motorsports Speedway event.
5.222
"MOTORSPORTS GARAGES AND SHOPS" means buildings or parts thereof
for the private use of race teams wherein Vehicles are stored, repaired and
maintained.
5.223
"MOTORSPORTS MUSEUM" means a building or place where Vehicles,
memorabilia and automotive parts are kept and displayed.
5.224
"MOTORSPORTS OFFICES" means a building or part thereof in which
corporate and professional offices are permitted that are directly related to the
Motorsports Speedway Complex.
5.225
"MOTORSPORTS
SPEEDWAY
CENRE
OF
EXCELLANCE"
means
accredited post-secondary educational and professional facilities related to the
research and development of automotive and motorsports technology and other
accessory uses.
S E C T I O N 5 - DEFINITIONS
5.28
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.226
"MOTORSPORTS SPEEDWAY COMPLEX" means a paved oval and paved
road course circuit for motor Vehicle racing including a 65,000 seat Grandstand
and associated parking and accessory uses related thereto.
5.227
"MOTORSPORTS SPEEDWAY INNOVATION COMPLEX" means a repair,
manufacturing, processing, testing and assembly complex for automotive
prototypes and other accessory uses.
5.228
"MOTOR VEHICLE BODY SHOP", means a building or structure used for the
painting or repairing of the exterior and/or undercarriage of motor vehicle bodies
and in conjunction with which there may be towing services and motor vehicle
rentals for customers while the motor vehicle is under repair.
5.229
"MOTOR VEHICLE REPAIR SHOP", means an establishment for the repair or
replacement of parts in a motor vehicle and without limiting the generality of the
foregoing, shock absorbers, transmissions, gears, brakes, clutch assemblies,
steering assemblies, radiators, heating or cooling systems, ignition systems,
mechanical or electrical parts or systems, the installation of undercoating, engine
tuning, lubrication and engine conversion or replacement, but does not include a
motor vehicle body shop, an impounding yard, an automobile service station or
gasoline bar.
5.230
"MUNICIPAL", when used in reference to a lot, a building or a structure, means
a lot, a building or a structure owned, occupied and used by the Corporation, the
Regional Municipality of Niagara or any department, board, commission or
agency thereof.
5.231
"MUNICIPAL DRAIN" means a watercourse or sewer which carries storm
surface water and drainage and includes a municipal drain pursuant to the
Drainage Act, R.S.O. 1990.
5.232
"MUSIC INSTRUCTION" means a type of formal instruction in playing a musical
instrument or vocal training.
5.233
"NANO-BEWERY" means an establishment where a maximum of 3,000
hectolitres of malt liquor are produced annually having a maximum floor area of
409 square metres.
5.234
"NON-COMPLYING" means a permitted use, building or structure existing at
the date of the passing of this By-law which does not comply with a zone
requirement of the zone within which they are located.
S E C T I O N 5 - DEFINITIONS
5.29
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.235
"NON-CONFORMING", when used in reference to a use, a lot, a building or a
structure, means a use, a lot, a building or a structure which does not conform to
one or more of the provisions of this By-law.
5.236
"NON-HABITABLE ROOM" means any room in a dwelling other than a
habitable room including, but not so as to limit the generality of the foregoing, a
laundry room, a pantry, a lobby, a communicating corridor, a stairway, a closet, a
sun room, a veranda, a porch, a balcony, a private garage, an unfinished attic, a
cellar, a basement, a boiler room and any space used for the service and
maintenance of such dwelling or for vertical travel between storeys.
5.237
"NURSERY" means a use in which a variety of plants, including flowers, trees,
shrubs and vegetables, are raised for transplanting and/or for sale.
5.238
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act, R.S.O 1990.
5.239
"NURSING HOME" means a building wherein lodging, meals, personal care,
nursing services, and medical care and treatment are provided for gain or profit
or as a charitable public service and is licensed by the Province under the Long-
Term Care Homes Act, 2007, S.O.2007.
5.240
"OBNOXIOUS USE" means a use with which is associated the emission of
odour, smoke, dust, noise, gas, fumes, cinders, refuse matter or waterborne
waste or which is associated with fly ash and foundry sand, or which is declared
to be a noxious trade under The Public Health Act, R.S.O. 1990.
5.241
"OPEN STORAGE" means the storage of goods or materials in a yard, which
goods are used by or produced by a permitted use and shall include the
parking of more than one commercial vehicle or vehicle trailer for a period of
more than 24 hours on any one lot.
5.242
"OPERATING MACHINERY" means an apparatus having one or more moving
parts which are driven by other than muscular power, including air conditioners,
electric motors, compressors and heat exchangers, and meets the following
criteria:
(i) is incidental to the main use or accessory use of the property; and
(ii) is connected to the main building by way of brackets, electric power lines,
air ducts and similar connectors.
5.243
"OUTDOOR PATIO" means an outdoor area adjacent to or in any way
associated with an eating establishment or tavern to be used or designed as an
area for the sale and service of any alcoholic or other beverage or any food
outdoors by that eating establishment or tavern.
S E C T I O N 5 - DEFINITIONS
5.30
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.244
"OUTDOOR RECREATION" means the use of land for playgrounds, picnic
areas, lawn bowling greens, tennis courts, and other similar uses.
5.245
"OUTSIDE STORAGE" means the storage of goods in the open air and in
unenclosed portions of buildings which are open to the air on the sides.
5.246
"OWNER" means any person whose interest in a parcel of land is registered on
title in the appropriate Land Registry Office.
5.247
"OWNERSHIP" has a corresponding meaning.
5.248
"PARK" means an area of land consisting primarily of landscaped open space,
including, but not limited to, a recreational playground, a golf course, a play area,
a bowling green, a tennis or badminton court, a playfield and a conservation
area, with or without accessory recreational buildings or structures thereupon.
5.249
"PARK, PRIVATE" means a park other than a public park.
5.250
"PARK, PUBLIC" (See "PUBLIC PARK")
5.251
"PARKING AISLE" means a portion of a parking area which abuts, on one or
more sides, parking spaces to which it provides access, and which is not used
for the parking of vehicles.
5.252
"PARKING AREA" means an area which contains, and the main use of which
is vehicular parking, whether or not such parking area is located within a
structure.
5.253
"PARKING GARAGE" means a structure designed specifically for vehicle
parking and where there are a number of floors or levels on which parking takes
place.
5.254
"PARKING SPACE" means an area designed in accordance with Schedule "D"
to this By-law, for the temporary parking or storage of motor vehicles. Such
parking space must be capable of being used for the parking of motor vehicles
and shall have access from and to a public highway for the purpose of parking or
removing the vehicle without the necessity of moving any other vehicle.
5.255
"PARKING SPACE, ACCESSIBLE" means a parking space having minimum
dimensions as required by the Corporation's Accessible Parking By-law No.
2011-130, as amended or replaced from time to time.
5.256
"PARKING SPACE, TANDEM" means one parking space located
immediately behind another parking space, leaving one parking space without
direct access to a parking aisle or street.
S E C T I O N 5 - DEFINITIONS
5.31
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.257
"PATIO" means a roofless unenclosed area accessory to a dwelling,
constructed at finished grade.
5.258
"PERMITTED" means "permitted by this By-law".
5.259
"PERSON" means any human being, association, firm, partnership, corporation,
agent or trustee, and the heirs, executors or other legal representatives of a
person at law.
5.260
"PERSONAL SERVICE SHOP" means a building or part thereof wherein a
personal service is performed, including, but not limited to, a barber shop, a
beauty salon, pet grooming service, shoe repair shop, dry cleaning outlet,
laundromat, tailor or dressmaking shop, and photographic studio, but does not
include a massage or body-rub parlour or any adult entertainment establishment.
5.261
"PET DAY CARE ESTABLISHMENT" means a building, structure or outdoor
run, or any part thereof, in which the care and temporary accommodation of
not more than ten (10) domestic household pets, in return for remuneration, is
permitted but shall not include the overnight boarding of pets.
5.262
"PHARMACY" means a retail outlet that dispenses drugs by prescription and
may include the sale of non-prescription drugs and retail goods in conjunction
with the dispensing of prescription drugs.
5.263
"PLACE OF ENTERTAINMENT" means a motion picture or other theatre,
arena, auditorium, public hall, bowling alley, ice- or roller-skating rink, dance hall
or music hall; but does not include any place of entertainment or amusement
otherwise defined or classified herein.
5.264
"PLACE OF WORSHIP" means a church, chapel, temple, mosque, parish hall,
and synagogue including offices for the administration of the religious institution,
and convents, seminaries, monasteries, rectories, parsonages, and parish
houses.
5.265
"PLANTING STRIP" means an area of landscaped open space located
immediately adjacent to a lot line or portion thereof and may include the
following:
(i)
grass;
(ii)
flower beds or decorative gardens;
(iii)
a continuous row of trees;
(iv)
a continuous hedgerow of evergreens or shrubs;
(v)
a landscaped berm;
(vi)
a wall; or
(vii) an opaque fence.
S E C T I O N 5 - DEFINITIONS
5.32
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.266
"POINT OF INTERSECTION" means the point at which two street lines abutting
a corner lot intersect or if the two street lines meet in a curve, then it is the point
at which the productions of the two lot lines abutting the two streets intersect.
5.267
"PORCH" means a structure attached to a dwelling having a roof, but with walls
that are open and unenclosed to the extent of at least 50% thereof except for
removable screens and storm sashes or awnings, used as an outdoor living
area.
5.268
"PRINCIPAL" means the primary use of land or of a building."
5.269
"PRINTING ESTABLISHMENT" means an establishment used for blueprinting,
engraving, stereotyping, electro-typing, printing, or typesetting, and shall include
a duplicating shop.
5.270
"PRIVATE" means "not public".
5.271
"PRIVATE CLUB" means a building or part of a building used as a meeting
place for members of an organization or an athletic, social or recreation club and
includes a fraternal organization.
5.272
"PRIVATE SCHOOL" means a private school as defined in the Education Act,
R.S.O. 1990.
5.273
"PROFESSIONAL OFFICE" means a building or part thereof in which a legal,
medical, dental or other professional service is performed or consultation is
given, including, but not limited to, the offices of a lawyer, architect, surveyor,
engineer or an accountant, but does not include a personal service shop, spa
service, business office, veterinarian's clinic, animal hospital or shelter, a body-
rub parlour or any adult entertainment establishment.
5.274
"PUBLIC" when used in reference to a building, structure, use or lot, means a
building, structure, use or lot used by a public agency to provide a service to the
public.
5.275
"PUBLIC AGENCY" means:
(i)
the Government of Canada, the Government of Ontario or any municipal
corporation;
(ii)
any ministry, department, commission, corporation, authority, board or
other agency established from time to time by the Government of Canada,
the Government of Ontario or any municipal corporation;
(iii)
any public utility;
S E C T I O N 5 - DEFINITIONS
5.33
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(iv)
any railway company authorized under The Railway Act, R.S.O., 1950,;
(v)
the Niagara Parks Commission;
(vi)
the Canadian Niagara Power Inc.or;
(vii) the Buffalo and Fort Erie Public Bridge Authority ("Peace Bridge Authority").
5.276
"PUBLIC PARK or PUBLIC OPEN SPACE" means development of public land
specifically designed or reserved for the general public for active or passive
recreational use and includes all natural and man-made landscaping, facilities,
playing fields, building and other structures that are consistent with the general
purposes of public parkland and open space.
5.277
"PUBLIC SCHOOL" means a school under the jurisdiction of a Board as
defined in the Education Act, R.S.O., 1990.
5.278
"PUBLIC STORAGE" means a building or buildings containing separate,
individual self-storage units divided from the floor to the ceiling by a wall with an
independent entrance from the exterior of the building, designed to be rented or
leased on a short-term basis to the general public for private storage of personal
goods, materials and equipment.
5.279
"PUBLIC UTILITY" means:
(i)
any agency, corporation, board or commission providing electricity, gas,
steam, water, telegraph, telephone, cellular telephone, cable television,
transportation, drainage or sewage or waste collection and disposal
services to the public; or
(ii)
a use pertaining to any such agency, corporation, board or commission.
5.280
(a) "QUARRY" or "PIT" means any pit or excavation made for the removal of
any soil, earth, clay, marl, sand, stone, gravel or rock for commercial purposes,
or 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 a corporation, or an excavation
incidental to the construction of any public works.
(p) "WAYSIDE PIT or QUARRY" means a temporary pit or quarry opened and
used 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.
5.281
"RACETRACK" means an establishment licensed or permitted by the Provincial
Government to conduct horse racing events and to permit parimutuel wagering.
S E C T I O N 5 - DEFINITIONS
5.34
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.282
"REAR LOT LINE" - (See "LOT LINE, REAR")
5.283
"REAR YARD" - (See "YARD, REAR YARD")
5.284
"RECREATIONAL USES"
(i) means the use of land for parks, playgrounds, tennis courts, lawn bowling
greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic
areas, swimming pools, day camps, community centres, and all similar uses,
together with necessary and accessory buildings and structures, but
(ii) does not include a track for the racing of animals, motor vehicles, ski-doos or
motorcycles.
5.285
"RECREATIONAL VEHICLE", (See "VEHICLE, RECREATIONAL")
5.286
"REDEVELOPMENT" means the removal of buildings or structures from land
and the construction or erection of other buildings or structures thereupon.
5.287
"REFRESHMENT ROOM" means a building or part thereof in which alcoholic or
non-alcoholic beverages and related refreshments other than meals are offered
or kept for retail sale to the public for immediate consumption therein.
5.288
"REGIONAL MUNICIPALITY" means The Corporation of the Regional
Municipality of Niagara.
5.289
"REGIONAL SHOPPING CENTRE" means one or more buildings or part
thereof containing two or more separate permitted commercial uses with a
minimum floor area of 7500 m2, which is designed and maintained as a single
integrated site, whether or not such shopping centre is situated upon one lot or
two or more lots.
5.290
"RELIGIOUS INSTITUTION", means "PLACE OF WORSHIP"
5.291
"RENOVATION" means the repair and restoration of a building to good
condition but shall not include its replacement.
5.292
"REQUIRED" means "required by this By-law".
5.293
"RESIDENTIAL EMERGENCY HOSTEL" means development sponsored or
supervised by a public authority or non-profit agency for the purpose of providing
temporary accommodation for persons requiring immediate shelter and
assistance for a short period of time. (BY-LAW 138-92).
S E C T I O N 5 - DEFINITIONS
5.35
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.294
"RESIDENTIAL, NON-FARM" means a dwelling unit not located on the same
lot as the subject farm.
5.295
"RESIDENTIAL RETIREMENT HOME" shall mean a residence containing
individual bedroom units without food preparation facilities. The home shall be
used for a long-term residence where nursing care is available on a continuous
basis and where central dining facilities are provided. The dining facilities are not
intended for use by the general public and the food prepared therein is not
offered for retail sale. The home shall include auxiliary uses such as indoor and
outdoor recreational amenities.
5.296
"RESTAURANT" means a building or part thereof where food and beverages
are prepared and offered for retail sale to the public for immediate consumption
either on or off the premises, and including any outdoor patio adjacent to or
connected therewith, but does not include a refreshment room or any building or
part thereof where pre-packaged foods or beverages requiring no further
preparation before consumption are offered for sale.
5.297
"RESTAURANT, DRIVE-IN" means any restaurant where patrons consume
food and drink within vehicles parked on the same lot therewith.
5.298
"RESTAURANT, EAT-IN" means any restaurant which contains a dining room
other than a take-out restaurant or a drive-in restaurant.
5.299
"RESTAURANT, TAKE-OUT" means a restaurant other than a drive-in
restaurant which does not contain any facilities for the consumption of food
therein.
5.300
"RETAIL STORE" means a building or part thereof in which goods, wares,
merchandise, substances, articles or things are stored, offered or kept for retail
sale or rental to the public, including, but not limited to , a neighbourhood store,
a bake shop, candy kitchen, farm product outlet, custom print shop not
exceeding 180 sq. m in net floor area, and a bulk retail outlet other than a retail
lumber yard, but does not include an automotive use or a building or part thereof
containing any other use defined herein.
5.301
"RIDING STABLE" means land and buildings used to house horses and for
their exercise and training and may include a school, boarding stables, tack shop
and other related uses.
5.302
"ROAD" - (See "STREET")
5.303
"ROOF" means the upper covering of a building or structure which is supported
by walls or columns.
S E C T I O N 5 - DEFINITIONS
5.36
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.304
"ROOMING HOUSE" means any house or building or portion thereof in which
the proprietor resides and occupies at least 10% of the floor space as his
residence and supplies for hire or gain, to more than one other person, lodging,
with or without meals, in rooms furnished by the proprietor, with necessary
furnishings, but shall not include a hotel or apartment house.
5.305
"SALVAGE YARD" means a lot, building or structure used for wrecking,
dismantling, storing or selling used goods, wares or materials including, but not
so as to limit the generality of the foregoing, rags, bones, bottles, metals,
clothing, furniture, paper, machinery, building materials, vehicles and parts
thereof.
5.306
"SCHOOL" means a school under the jurisdiction of a Board as defined in the
Education Act, R.S.O. 1990, a college, a university or any other educational
establishment including, but not necessarily restricted to, a nursery school or a
boarding school having accessory dormitory facilities.
(a)
"COMMERCIAL SCHOOL" means a school operated by one or more
persons for gain or profit.
5.307
"SCIENTIFIC OR MEDICAL LABORATORY" means a building or part thereof
wherein scientific or medical experiments, tests or investigations are
systematically conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments, tests or investigations are
manufactured or otherwise prepared for use on the premises.
5.308
"SECONDARY USE" means uses secondary to the main use of the property.
5.309
"SENSITIVE LAND USE" means any building or associated amenity area
(indoor or outdoor) where humans may be adversely affected by other adjacent
industrial type land uses. These may include but are not limited to day care
facilities, hospitals, churches, schools, playgrounds, residential uses etc.
5.310
"SERVICE SHOP" means a building or part of a building, not otherwise defined
or classified herein, and whether conducted in conjunction with a retail store or
not, for the servicing or repairing of articles, goods or materials, and in which no
product is manufactured.
5.311
"SETBACK" means the shortest distance between a building or structure on a
lot and the front, side, and rear property lines, including any street lines.
Setbacks may also be measured to zone boundary lines on a parcel with more
than one zone subject to the regulations of Subsection 6.15(b).
S E C T I O N 5 - DEFINITIONS
5.37
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.312
"SEWER SYSTEM, PUBLIC SANITARY" means a system of underground
conduits, operated by the Corporation, by another municipality or by the Ministry
of the Environment, which carries sewage to a sewage treatment facility.
5.313
"SEWER SYSTEM, STORM" means a system of conduits and ditches which
carries storm surface water and storm drainage, but which does not carry
sewage or industrial waste.
5.314
"SHIPPING/CARGO CONTAINER" means a standardized steel-framed, steel-
skinned transportation box designed to facilitate the handling, loading, of goods
and materials for storage aboard a ship or other transportation system and
includes a metal-framed container intended to be used for the storage of goods
and materials that is constructed to be easily moved from one location to
another. For the purpose of this definition, a shipping/cargo container does not
have wheels and is not a vehicle body.
5.315
"SHORT-TERM RENTAL (STR)" means the use of all or part of a Dwelling Unit,
either dedicated or owner-occupied as defined below, subject to licensing by the
Town, to provide sleeping accommodation for any period of thirty (30) calendar
days at a time or less in exchange for payment but does not include any type of
institutional dwelling, hotels, or other similar uses.
5.316
"SHORT-TERM RENTAL, DEDICATED" means a STR that is located on a
property where the Owner is not a full-time resident.
5.317
"SHORT-TERM RENTAL, OWNER OCCUPIED" means a STR that is located
on a property where the Owner is a full-time resident occupying the property on a
full-time basis, including the duration of the rental term where the owner is
present."
5.318
"SHOWROOM" means a building or part thereof where samples are displayed
and orders taken for delivery of goods, wares and merchandise, and includes the
premises of a wholesale merchant.
5.319
"SIDE LOT LINE" - (See "LOT LINE SIDE")
5.320
(a)
"SIGN" means a name, identification, description, device, display or
illustration which is affixed to or represented directly or indirectly upon a
building, structure or lot and which directs attention to an object, product, place,
activity, person, institute, organization or business.
(b) "LEGAL SIGN" means a sign conforming to all legislation, regulations
or by-laws of the Province of Ontario, the Niagara Parks Commission, the
Region of Niagara and the Town of Fort Erie regulating signs.
S E C T I O N 5 - DEFINITIONS
5.38
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
5.321
"SIGHT TRIANGLE" means the triangular shape formed by street lines of a
corner lot where such lot is located at the intersection of two or more streets and
the line drawn from a point in one street to a point in the other street, each such
point being 10.5 metres from the point of intersection of the streets measured
along the said street lines provided that where the two streets do not intersect at
a point, the point of the intersection of the street lines shall be deemed to be the
intersection of the projected tangents to the street lines drawn through the
extremities of the interior lot lines. Such triangular shape may also be called a
daylighting triangle.
5.322
"SITE PLAN AGREEMENT" or "DEVELOPMENT AGREEMENT" means any
agreement entered into by an owner of land and the Corporation pursuant to a
Site Plan Control By-law.
5.323
"SITE PLAN CONTROL AREA" means an area of land designated by a Site
Plan Control By-law as a site plan control area pursuant to Section 41 of the
Planning Act, R.S.O. 1990.
5.324
"SITE PLAN CONTROL BY-LAW" means any by-law of the Corporation
passed pursuant to Section 41 of the Planning Act, R.S.O. 1990.
5.325
"SOFT DRINK MANUFACTURING ESTABLISHMENT" means a building,
structure or part thereof wherein syrups for soft drink beverages are
manufactured, or where soft drink beverages are mixed, bottled, and distributed,
but does not include a refreshment room, a restaurant or a retail store.
5.326
"SPA SERVICES" means a building or part thereof wherein a spa service is
performed, including, but not limited to massage treatments by a registered
massage therapist, beauty treatments, and alternative therapies.
5.327
"STOOP" or "SUNDECK" means a roofless, unenclosed structure with or
without steps, consisting of a platform and connecting to an exterior door on the
ground floor of a dwelling.
5.328
"STOREY" means the portion of a building other than an attic, basement or
cellar, between the surface of any floor and the surface of the floor next above it,
or, if there is no floor above it, that portion between the surface of such floor and
the ceiling above it.
(a)
"FIRST STOREY" or "GROUND FLOOR" means the storey having its
floor level closest to finished grade and its ceiling at least 2 m above
finished grade.
(b)
"SECOND STOREY" or "SECOND FLOOR" means the storey directly
above the first storey.
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(c)
"STOREY, ONE-HALF" means the portion of the building situated wholly
or in part within the roof and in which there is sufficient space to provide a
height between finished floor and finished ceiling of at least 2.3 m (7.54 ft)
over a floor area equal to less than fifty per cent (50%) of the areas of the
floor next below.
5.329
"STREET ALLOWANCE" means land under the jurisdiction of the Corporation,
The Regional Municipality or the Province of Ontario for the purpose of providing
a street.
5.330
"STREET, IMPROVED" means any street that is under the jurisdiction of and
maintained year-round by the Corporation, the Regional Municipality or the
Province of Ontario.
5.331
"STREET LINE" means a lot line dividing a lot from a street and is the limit of
the street allowance.
5.332
"STREET, PRIVATE" means a private lane or right-of-way.
5.333
"STREET, PUBLIC" means a public highway or public road under the
jurisdiction of the Corporation, the Regional Municipality, the Province of Ontario,
or the Niagara Parks Commission and includes any highway as defined by the
Municipal Act 2001 S.O. 2001.
5.334
"STREET WIDTH" means the horizontal distance between the street lines of a
street, measured along a line perpendicular to the said street lines.
5.335
"STRUCTURE" means anything constructed or erected, the use of which
requires location on or in the ground or attached to something located on or in
the ground, but does not include a septic system, the permanent way of a
railway, patios, decks, steps or porches less than 0.5 metres above grade,
utilities or any paved surface located directly on the ground.
5.336
"STUDIO" means the workshop or atelier of an artist or a place for instruction
and experimentation in physical fitness activities, martial arts or one of the
performing arts including but not limited to acting, singing, dancing, playing
musical instruments.
5.337
"SUITE" means a single room or series of rooms of complementary use,
operated under a single tenancy, and includes dwelling units, individual guest
rooms in motels, hotels, boarding houses, rooming houses and dormitories as
well as individual stores and individual or complementary rooms for business and
personal service occupancies.
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5.338
"SUN DECK" means a roofless, unenclosed structure, accessory to a dwelling,
consisting of a platform raised above finished grade, with or without steps.
5.339
"SUN ROOM" means a porch or veranda, or part thereof, which is fully
enclosed by walls containing windows, the glazed area of each wall being not
less than one-third of the area of such wall between the platform and roof of said
porch or veranda.
5.340
"SUPERMARKET" means a building or part of a building wherein food and
other merchandise are kept for sale at retail to the general public and which
operates on a self-service, cash and carry basis and may include facilities for
parcel pick-up.
5.341
"SWIMMING POOL" means any body of water permanently or temporarily
located outdoors, contained by artificial means and used and maintained for the
purpose of swimming, wading, diving or bathing.
5.342
"TAILOR OR DRESSMAKING SHOP" means a building or part thereof which is
used primarily for the custom manufacture, alteration or repair of articles of
clothing for individual clients but does not include any establishment primarily
engaged in the retail sale of clothing manufactured elsewhere, or the
manufacture of clothing for distribution to retail stores.
5.343
"TAVERN" means a building or place having as its primary purpose the sale
and consumption of alcoholic beverages on the premises only, including a
lounge, beverage room, and public house licensed under the Liquor Licence Act
R.S.O. 1990, but shall exclude a dining room, restaurant, dining lounge or club
where full course meals are served.
5.344
"TAXI ESTABLISHMENT" means a building or premises where a taxi
company receives calls and dispatches vehicles.
5.345
"TEMPORARY USE" means a use established for a fixed period of time with
the intent to discontinue such use upon the expiration of the time period.
5.346
"THEATRE" means a building or part of a building devoted to showing motion
pictures, or for dramatic, musical or live performances.
5.347
"TILLABLE ACRES" means the total area of land including pasture that can be
worked or cultivated.
5.348
"TOURIST CAMP" means the use of land for the location of tourist trailers or
tents for the purposes of temporary accommodation.
5.349
"TOWN" means the Corporation of the Town of Fort Erie.
S E C T I O N 5 - DEFINITIONS
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5.350
"TRADESPERSONS SHOP" means a place in which is provided to the public
a non-personal service or trade including a plumber's shop, painter's shop,
carpenter's shop, machine shop, electrician's shop, contractor's shop, or other
like shop which provides an installation service, but does not include a personal
service shop, spa services, contractor's yard, vehicle sales and rental
establishment, body-rub parlour or adult entertainment establishment.
5.351
"TRAILER" means a trailer as defined in the Highway Traffic Act R.S.O. 1990,
and shall further be deemed to mean and include recreational and non-
recreational vehicles defined as follows:
(1)
Recreational Vehicles:
(a)
"Permanently Mounted Camper" - means a vehicular, portable
structure designed as a temporary dwelling for travel, recreational or
vacation use, mounted directly to the chassis of a vehicle.
(b) "Pick-up Camper "- means a vehicular, portable structure designed
as a temporary dwelling for travel, recreational or vacation use to be
transported in the box of a pick-up truck.
(c)
"Tent Trailer" - means a vehicular, portable structure designed as a
temporary dwelling for travel, recreational or vacation use with or
without a canvas top.
(d) "Travel Trailer" - means a vehicular portable structure built on a
chassis, designed as a temporary dwelling for travel, recreational or
vacation use, permanently identified "Travel Trailer" by the
manufacturers of the trailer, factory equipped for the road with a body
width not exceeding 2.5 m and a body length not exceeding 9 m, of
which the gross weight will not exceed 2,100 kg.
(e)
"Utility Trailer" - means a vehicular, portable structure designed for
the hauling of goods, materials, road vehicles or boats, atv's
snowmobiles jet skis and the like, having a width not exceeding 2.5
m, a height not exceeding 1.25 m and a length not exceeding 7.2 m,
and in no case used for commercial purposes.
(2)
Non-Recreational Vehicles:
(a)
"Industrial and Commercial Trailer" - means a unit having the
basic construction of a mobile home or travel trailer that has been
designed or modified for other than recreation usage, such as a
mobile library, portable offices, construction or residential offices,
bunk offices, display unit or mobile clinic.
S E C T I O N 5 - DEFINITIONS
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(b)
"Mobile Home" means a factory-built, detached structural unit
designed to be and capable of being transported after fabrication, on
its own chassis and wheel system, to a lot or site, and which is
suitable for year-round occupancy in a similar fashion as a dwelling
unit, except for minor and incidental unpacking and assembly
operations, placement on defined supporting structures and
connection to utilities.
5.352
"TRAILER PARK AND CAMP" means an area of land predominantly used for
seasonal occupancy of recreational vehicles including tents, and includes all
accessory building used incidentally to the operation of a trailer park such as
park administration offices, recreation facilities, service and utility buildings,
laundry facilities and storage lockers.
5.353
"TRANSPORT TRUCK TERMINAL" means a place where trucks, trailers, or
containers are loaded or unloaded, stored or parked for remuneration or from
which trucks or containers are dispatched as common carriers or where goods
are stored temporarily for further shipment or where buses or other fleet vehicles
are stored or parked.
5.354
"TRANSPORTATION DEPOT" means a place used for the dispatch, storage or
maintenance of vehicles, but does not include a motor vehicle repair shop or a
vehicle sales and rental establishment.
5.355
"U-BREW-YOUR-OWN ESTABLISHMENT" means a commercial premises
where the public can prepare their own beer and/or wine in a controlled setting
and may include a small-scale retail component related to the U-Brew-Your-
Own-Establishment operation.
5.356
"UNDERTAKING ESTABLISHMENT" means a building or part thereof wherein
dead human bodies are preserved or otherwise prepared for interment.
5.357
"USE"
(i)
when used as a noun, the purpose for which a lot, building or structure, or
any combination or part thereof, is designed, arranged, occupied or
maintained; or
(ii)
when used as a verb, to put to such purpose.
5.358 "VEHICLE" means a passenger automobile or other motor vehicles, a boat, a
farm implement, a mobile home, a motor home, a snowmobile, a trailer, or any
other device which is capable of being drawn, propelled or driven by any kind of
power, and includes a recreational vehicle and a commercial vehicle as defined
(a)
"VEHICLE, COMMERCIAL" - (See "COMMERCIAL MOTOR VEHICLE").
S E C T I O N 5 - DEFINITIONS
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TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
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(b)
"VEHICLE, RECREATIONAL" means a recreational vehicle as defined in
Section 5.338 (1) and also includes a boat, all-terrain vehicle, seadoo,
snowmobile, motorcycle, or other similar device.
5.359
"VALUE-ADDED USE" means uses that generally occur on-farm which add
value to agricultural products and their sale and distribution and are intended
to promote and sustain the viability of farming operations. Such uses are
generally considered agriculture-related uses and are required to be small
scale and related to the farm activity. Value Added uses will not be permitted
in conjunction with medical marihuana production facilities. Value Added
Uses may be grouped into three major components: Production Uses,
Marketing Uses and Support Uses:
(a) "Production Uses": means Value Added farm related uses that include
but are not limited to: the processing of agricultural products (including
wineries, canneries, bakeries, cheese factories and similar uses); and
distribution
and
warehousing
of
agricultural
products.
(b) "Marketing Uses": means Value Added farm related uses that include a
variety of methods of increasing the sales of raw or finished farm products.
Such uses may include but are not limited to: roadside produce stands
and other retail facilities for the sale of products; pick your own facilities;
agri-tourism uses (such as farm mazes, special events facilities, farm
weddings and educational facilities) and "experiential uses" (such as
"working farm vacations" or culinary schools).
(c) "Support Uses": means uses that support day to day farm operation and
may include, but are not limited to machinery repairs, seed suppliers, and
other uses not more appropriately accommodated in settlement areas.
Support uses are intended to primarily serve the farm operation and
surrounding local farm operations and are intended to remain secondary
to the principal farm operation.
5.360 "VEHICLE BODY SHOP" (See "MOTOR VEHICLE BODY SHOP").
5.361 "VEHICLE SALES OR RENTAL ESTABLISHMENT" means an establishment
having as its main use the sale, rental or leasing of vehicles, with or without an
accessory vehicle repair shop or an accessory gasoline bar.
5.362 "VETERINARIAN'S CLINIC" means a building or part thereof with or without
related structures wherein animals of all kinds are treated or kept for treatment
by a registered veterinarian.
5.363 "VIDEO OUTLET SALES AND RENTAL SHOP" means a business for the
sale or rental of video programs and related accessories.
S E C T I O N 5 - DEFINITIONS
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5.364 "WALL, BUILDING" means any part of a building or structure which is designed
to support a roof over a fully or partly enclosed space.
5.365 "WALL, COMMON" means a wall that divides a building or structure into two or
more areas for the purposes of separate use.
5.366 "WALL, MAIN" means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully or partly enclosed space
or a roof. For setback purposes any required yard shall be measured from the
exterior face of the foundation above grade. Where no foundation above grade
exists, the setback shall be measured from the main wall.
5.367 "WAREHOUSE" means a building or part thereof which is used primarily for the
housing, storage, adapting for sale, packaging or wholesale distribution of
goods, wares, merchandise, foodstuff, substances, articles or things, and
includes the premises of a warehouseman, but does not include a fuel storage
tank except as an accessory use.
5.368 "WATERCOURSE" means an identifiable depression in the ground in which a
flow of water regularly or continuously occurs.
5.369 "WATER SUPPLY" means a distribution system of underground piping and
related storage, including pumping and purification appurtenances owned and
operated by the Regional Municipality of Niagara and/or the Ontario Water
Resources Commission for public use.
5.370 "WATER SYSTEM, PUBLIC" means a water distribution system consisting of
piping, pumping and purification appurtenances and related storage, owned and
operated by the Corporation, another municipality, or the Ministry of the
Environment.
5.371 "WETLANDS" means lands that are seasonally or permanently covered by
shallow water, as well as lands where the water table is close to or at the
surface. In either case the presence of abundant water has caused the
formation of hydric soils and has favoured the dominance of either hydrophytic
plants or water tolerant plants. The four types of wetlands are swamps,
marshes, bogs and fens. Periodically soaked or wetlands being used for
agricultural purposes which no longer exhibit wetland characteristics are not
considered to be wetlands for the purposes of this definition.
5.372 "WHOLESALE" means the sale of goods in large quantities to retailers and
other wholesalers rather than to consumers directly.
5.373 "WIND ENERGY SYSTEM, SMALL" means a wind energy conversion system
consisting of a wind turbine, a tower and associated control or conversion
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TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
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electronics which has a rated capacity of not more than 100kw and which is
intended to primarily reduce on-site consumption of power utility.
5.374 "WRECKING YARD" - (See "SALVAGE YARD")
5.375 "YARD" means an area of land which:
(i) is appurtenant to and located on the same lot as a building or structure;
and
(ii)
is open, uncovered and unoccupied from the ground to the sky,
except for such accessory buildings, structures or other uses as are
specifically permitted thereon in this By-law.
(a)
"EXTERIOR SIDE YARD" or "FLANKING YARD" means a side yard
immediately adjoining a street or abutting a reserve on the opposite side of
which is located a street.
(b)
"FRONT YARD" means a yard extending across the full width of a lot
between the front lot line of such lot and the nearest part of any building or
structure on such lot.
(c)
"FRONT YARD DEPTH" means the shortest horizontal dimension of a
front yard between the front lot line of a lot and the nearest part of any
building or structure on such lot.
(d)
"INTERIOR SIDE YARD" means a side yard other than an exterior side
yard.
(e)
"REAR YARD" means a yard extending across the full width of a lot
between the rear lot line of such lot or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest part of any building or
structure on such lot.
(f)
"REAR YARD DEPTH" means the shortest horizontal dimension of a rear
yard between the rear lot line of a lot or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest part of any building or
structure on such lot.
(g)
"REQUIRED YARD" means that part of a yard which:
(i)
is located adjacent to a lot line;
(ii)
has the minimum yard depth or yard width required by this by-law;
and
S E C T I O N 5 - DEFINITIONS
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TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
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(iii) does not contain any buildings, structures or uncovered surface
parking areas except where specifically permitted elsewhere in this
By-law.
(h)
"SIDE YARD" means a yard extending from the front yard to the rear yard
of a lot and from the side lot line of such lot to the nearest part of any
building or structure on such lot.
(i)
"SIDE YARD WIDTH" means the shortest horizontal dimension of a side
yard between the side lot line of a lot and the nearest part of any building
or structure on such lot.
5.376 "YOUTH HOSTEL" means a building or part thereof, other than a boarding
house dwelling, wherein temporary accommodation, with or without meals, is
provided for the travelling public in rooms without cooking facilities under the
auspices of the Canadian Hostel Association or any affiliated non-profit
community organization.
5.377 "ZONE" means a designated area of land use shown on Schedule "A attached
to this Zoning By-law.