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1
Township of Gillies
Zoning By-law
First Draft
August 2024
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i
Table of Contents
1
How to Use this By-law ...................................................................... 1
2
Administration .................................................................................... 2
3
Definitions .......................................................................................... 7
4
General Provisions .......................................................................... 44
5
Zones and Zoning Schedules .......................................................... 57
6
Rural Zone (RU)............................................................................... 59
7
Village Residential (VR) ................................................................... 62
8
Commercial Zone (C) ...................................................................... 64
9
Industrial Zone (I) ............................................................................. 67
10 Institutional Zone (INS) .................................................................... 70
11 Open Space Zone (OS) ................................................................... 72
12 Enforcement ..................................................................................... 73
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1 How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the Zoning Map (Schedules) at the end of this document to identify the zone symbol that
applies to the property in question.
Step 2 - Determine What Uses are Permitted in the Zone
Refer to the Permitted Uses section of the applicable Zone to determine what uses are
permitted. If the desired use is included on the list, it is permitted in the Zone. If a use is not
included on the list, it is not permitted in that Zone, unless otherwise specified elsewhere in
the Zoning By-law.
Step 3 - Determine What Zone Regulations Apply
Each zone contains performance standards that regulate the form of lots and buildings.
These standards are requirements that must be achieved to obtain development approval
from the Township.
Step 4 - Determine if any General Provisions Apply
The Zoning By-law contains provisions that apply in all circumstances, or to particular
development types. Review the entire document to ensure all applicable provisions have
been addressed. In some cases, certain land uses may be permitted on a property through
the General Provisions, even if they are not explicitly listed as a permitted use in the
applicable zone.
Step 5 - Clarify the Meaning of a Use
Many terms in this Zoning By-law are defined in the Definitions section. If necessary, consult
the Definitions for clarification on the precise meaning of terms used in the provisions. Any
term not included in the Definitions section shall be understood to have its common and
ordinary meaning.
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Zoning By-law
2
2 Administration
2.1 Title
1.
This By-law shall be known as the Zoning By-law or By-law No. ______ of the
Township of Gillies and shall consist of the text and maps attached hereto.
2.2 Application
1.
The provisions of this By-law shall apply to all of the lands within the boundaries
of the Township of Gillies, as legally constituted now or hereafter.
2.3 Scope
1.
No lands shall be used and no buildings or structures shall be erected, altered,
enlarged, or used within the Township of Gillies, except in conformity with the
provisions of this Zoning By-law.
2.
Despite the above, nothing in this By-law prevents the use of any land, buildings
or structures for any purpose prohibited by this By-law if such land, buildings or
structures were lawfully used for such purpose on the day this By-law came into
force.
2.4 Minimum Regulations
1.
For the purposes of interpreting and applying the provisions of this By-law, the
provisions are held to be the minimum requirements for the promotion of the
health, safety, comfort, convenience, and general welfare of the inhabitants of
the Township of Gillies.
2.5 Meaning of Use
1.
Unless the context requires otherwise, the expressions "use" or "to use" in this
By-law include anything done or permitted by the owner or occupant of any land
or building, directly, indirectly, by or through any trustee, tenant, servant, or
agent, acting for or with the knowledge or consent of such owner or occupant,
for the purpose of making use of the said land or building.
2.6 Meaning of Shall
1.
In this By-law, the word "shall" shall always be construed as mandatory.
2.7 Numbers
1.
In this By-law, unless the contrary intention appears, words imparting the
singular number shall include more persons, parties, or things of the same kind
than one, and the converse.
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2.8 Metric and Imperial Terms
1.
Where imperial measurements are included in this By-law, they are provided for
convenience and do not form part of the By-law. The metric measurements
contained in this By-law are the only measurements to be used in determining
compliance with the By-law.
2.9 Administration
1.
This By-law shall be administered by the Clerk or such other persons as may from
time to time be designated by Council, and no permit for the use of land or for
the erection or use of any building or structure or approval of application for any
municipal license within the jurisdiction of the Council shall be issued or given
where the proposed building, structure or use would be in violation of any
provision of this By-law.
2.10 Other By-laws, Licenses, Permits and Regulations
1.
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the area affected by this By-
law, or from applying for and obtaining any permit, license, permission, authority
or approval required by this or any other By-law or regulation of the Township of
Gillies or by any other provincial or federal law in force.
2.11 Validity
1.
A decision of a Court stating that one or more of the provisions of this By-law are
invalid in whole or in part does not affect the validity, effectiveness, or
enforceability of the other provisions or parts of the provisions of this By-law.
2.12 Conflict
1.
In the event of a conflict between this By-law and amendments thereto, and any
general or special By-law, the more restrictive By-law shall prevail.
2.13 Effective Date
1.
This By-law shall take effect from the date of its passage by Council, subject to
the provisions of the Planning Act.
2.14 Repeal of Existing By-laws
1.
Upon this By-law coming into effect, any Zoning By-laws or amendments thereto
passed under Section 34 of the Planning Act or a predecessor thereto are hereby
repealed. The adoption of this By-law shall not prevent any current, pending or
future prosecution or action to abate any existing violation of previous By-laws.
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Zoning By-law
4
2.15 Application and Reference to Legislation/Regulations
1.
Where this Zoning By-law makes reference to legislation, then the references
shall be deemed to mean the statute currently in force and any amendments
thereto and all applicable regulations thereunder
2.
Where the regulations or requirements of any federal or provincial government
impose greater restrictions than the restrictions imposed by this By-Law, then
such greater restrictions shall apply.
2.16 Non-Complying Uses
1.
Where an existing building is located on a lot having less than the minimum
setback required by this By-Law, the building may be enlarged, reconstructed,
repaired or renovated, provided that the development or work does not further
expand the degree of non-compliance.
2.
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer
condition of any non-complying building or structure, provided the height and
gross floor area are not increased and the new building or structure is erected on
the same building footprint.
3.
An existing non-complying building or structure may be renovated, provided the
renovation does not further increase the extent of non-compliance.
4.
Where any lot is rendered non-complying due to metric conversion, expropriation
or dedication for public use:
a. The lot shall be deemed to conform with this By-Law with respect to those
provisions made non-complying by metric conversion, expropriation or
dedication for public use; and
b. The non-complying provisions shall not prevent the use of such lot, or the
erection, alteration or use of a permanent building or structure thereupon,
provided that:
i.
The use of land remains the same, in accordance with all other
provisions of this By-Law; and
ii.
The degree of non-conformity is not increased.
5.
The conveyance or alienation of any portion of a lot that results in a reduction in
lot area or lot frontage shall not create non-compliance of development with any
provision of this by-law or expand the degree of non-compliance with any
provision of this by-law.
6.
Notwithstanding provision (3), where a lot is reduced in area or frontage through
the conveyance or acquisition of part of the lot by a public authority, any building
or structure located upon the lot shall be deemed to remain in conformity with the
provisions of this By-Law.
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2.17 Non-Conforming Uses
2.17.1 Continuance of Existing Uses
1.
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law, provided it continues to be used for that purpose.
2.
The non-conforming use of any land, building or structure shall not be changed or
enlarged except to a use which is in conformity with the provisions of the zone in
which the land, building or structure is located, or upon obtaining permission from
the Committee of Adjustment pursuant to the Planning Act.
3.
The provisions of this By-law shall not apply to prevent the erection or use for the
purpose prohibited by this By-Law of any building or structure, the plans for which
have, prior to the date of the passing of the By-Law, been approved by the
Township, provided:
a. The building or structure, when erected, is used and continues to be used for
the purpose for which it was erected; and,
b. The permit has not been revoked under the Building Code Act.
2.17.2 Addition to Existing Building or Structure
1.
Nothing in this By-law shall prevent the extension or addition to a building or
structure in existence on the date of passing of this By-law and used for a purpose
specifically permitted within the zone in which such building or structure is
located, but which building or structure does not comply with one or more of the
zone regulations of this By-law, provided such extension or addition does not
further increase the extent of non-compliance.
2.17.3 Existing Vacant Lots
1.
An existing vacant lot having less than the minimum frontage, depth or area
required by this By-law may be developed for all uses in the appropriate zone,
provided:
a.
All other regulations of this By-law are satisfied; and,
b.
Such lots are serviced by private well and septic systems that meet the
requirements of the authority having jurisdiction.
2.18 Holding Zone "h" Designation
1.
Any zone classification may be placed in a Holding Zone by adding to the zone
symbol the letter "h". No development is permitted on lands where the "h"
symbol appears until the applicable conditions have been met and the "h" is
lifted by an amendment to this By-law under Section 36 of the Planning Act.
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Zoning By-law
6
2.19 Zones - One or More Properties and One Lot for Zoning Purposes
1.
Where a lot is divided into more than one zone, each such portion of the lot shall:
a.
be used in accordance with the provisions of this By-law for the zone where
such portion of the lot is located; and
b.
be considered as a separate lot for the purposes of determining zone
provisions.
2.
Where a group of occupancies located on separate but abutting lots are under
common ownership and/or shared management, including but not limited to
shared parking, infrastructure, or site access, the group of occupancies may be
considered as one lot for the purposes of applying zone regulations.
2.20 Exception Zone
1.
A zone symbol followed by the suffix "-X" shall correspond to a numbered site-
specific exception zone listed in this By-law under the applicable zone.
2.
An Exception Zone may:
a. Allow a use that would not be otherwise permitted;
b. Prohibit a use that would otherwise be permitted; and/or
c. Make modifications to the regulations applicable to a property subject to the
Exception Zone.
3.
Where an Exception Zone applies, all other provisions of this By-law shall
continue to apply.
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3 Definitions
In this By-law, the following definitions shall apply:
Abut
Means to share a common lot line; "abutting" has a corresponding meaning.
Accessory
When used to describe a use, building or structure, shall mean a use, building or structure
naturally or normally incidental, subordinate and exclusively devoted to a main use, building
or structure and located on the same lot therewith.
Accessory Building
Means a separate subordinate building, not used for human habitation, that is used or
intended for the better or more convenient enjoyment of the main building to which it is
accessory, and is located upon the same lot as the main building.
Accessory Use
Means a use subordinate and naturally, customarily and normally incidental to and
exclusively devoted to a principal use of land or building and located on the same lot.
Adverse Effects
Means one or more of:
1.
Impairment of the quality of the natural environment for any use that can be made
of it;
2.
Injury or damage to property or plant or animal life;
3.
Harm or material discomfort to any person;
4.
An adverse effect on the health of any person;
5.
Impairment of the safety of any person;
6.
Rendering any property or plant or animal life unfit for human use;
7.
Loss of enjoyment of normal use of property; and,
8.
Interference with normal conduct of business.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock
or other material prescribed under the Aggregate Resources Act suitable for construction,
industrial, manufacturing and maintenance purposes, but does not include metallic ores,
asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or
other material prescribed under the Mining Act or exempted under the Regulations of the
Aggregate Resources Act.
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Zoning By-law
8
Agricultural Use
Means the use of land, building(s) or structure(s) for:
1.
The growing of crops, including but not limited to:
a. nursery and horticultural crops;
b. activities related to those listed in (a), such as soil preparation, manure or
fertilizer spreading, planting, spraying, grain drying, irrigating, harvesting;
and
c. the storage and sale of the crops produced on the lands;
2.
Animal husbandry, including the raising, boarding, and keeping of all forms of
livestock, including poultry and fish, aquaculture, apiaries and all related
activities such as breeding, training, feeding and grazing;
3.
Agro-forestry, maple syrup production;
4.
The production of animal products including but not limited to milk, eggs, wool,
fur, or honey, and all related activities such as the collection, storage and sale of
the products produced on the lands;
5.
The use and storage of all forms of on-farm buildings and structures, equipment
or machinery needed to accomplish the activities described in this definition,
but does not include:
6.
Commercial activities related to agriculture such as abattoirs, tanneries and retail
sales outlets, except a farm produce outlet; or
7.
Manufacturing and processing activities involving farm crops or animal products
such as cheese factories, grain mills or retail seed sales.
Agriculture-Related Use
Means those farm-related uses that are intended to provide direct products and/or services
to farm operations as a primary activity, are compatible with local farm operations, and are
limited to:
1.
Non-accessory storage or distribution of farm products and farm-related
machinery;
2.
Farm produce outlets;
3.
Sorting or packing of farm products;
4.
Stables;
5.
Greenhouses;
6.
Market gardens;
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7.
Nurseries.
Aisle
Means the traveled way by which motor vehicles enter and depart parking spaces,
loading/delivery spaces or a parking area.
Alter
When used in reference to a building, structure or part thereof, means:
1.
To change any one or more of the internal or external dimensions of such building
or structure; or
2.
To change the type of construction of the exterior walls or roof of such building or
structures; or
3.
To change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
When used in reference to a lot means:
4.
To change the boundary of such lot with respect to a street or lane, whether such
alteration is made by conveyance or alienation of any portion of the lot, or
otherwise; or
5.
To change any dimension or area relating to such lot, including width, depth or
area of a lot; or
6.
To change physical attributes of the exterior of a development, including yards,
landscaped open space or parking areas; or
7.
To change the use of such lot or the number of uses located thereon.
When used in reference to a shoreline means to change, straighten, divert or interfere in any
way with the channel of any waterbody or the lands surrounding the high-water mark of a
waterbody.
Altered and alteration shall have corresponding meanings.
Alternative Energy System
Means a system that uses sources of energy or energy conversion processes to produce
power, heat and/or cooling that significantly reduces the amount of harmful emissions to the
environment (air, earth and water) when compared to conventional energy systems.
Animal Hospital / Shelter
Means a building or structure where animals, birds or other livestock are examined or
treated and which may be kept on a short-term basis and may include the premises of a
veterinarian or veterinary surgeon, but does not include a kennel.
Artisan Shop or Studio - see Studio
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Zoning By-law
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Areas of Archaeological Potential
Means areas with the likelihood to contain archaeological resources. Criteria to identify
archaeological potential are established by the Province. The Ontario Heritage Act requires
archaeological potential to be confirmed by a licensed archaeologist.
Areas of Mineral Potential
Means areas favourable to the discovery of mineral deposits due to geology, the presence of
known mineral deposits or other technical evidence.
Areas of Natural and Scientific Interest (ANSI)
Means areas of land and water containing natural landscapes or features that have been
identified as having life science or earth science values related to protection, scientific study
or education.
Asphalt or Concrete Plant
Means a permanent industrial facility used for the production of asphalt or concrete products
used in building or construction and includes but is not limited to:
1.
Facilities for the administration or management of the business;
2.
The stockpiling of bulk materials used in the production process of finished
products manufactured on the premises; and
3.
The storage and maintenance of equipment.
Assembly Hall
Means a building or part thereof in which facilities are provided for such purposes as
meetings for civic, educational, political, recreational, religious or social purposes, and
without limiting the generality of the foregoing may include such facilities as an auditorium, a
banquet hall or private club.
Attached
Means a building or structure otherwise complete in itself which is connected to, and which
depends for structural support upon, a division wall or walls shared in common with an
adjacent building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly or partly within the
roof framing.
Auction Establishment / Hall
Means a building, structure or parts thereof, or any lands or premises used for the storage of
goods or materials which are to be sold on the premises by public auction and for the sale of
the said goods and materials by public auction. An auction barn shall be included within this
definition.
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Auto Body Shop
Means a building or structure where painting, refinishing, restoration, alterations, or repairs
are made to motor vehicles and where the services are performed for gain or profit, but does
not include a salvage yard or automotive service station.
Automotive Dealership / Sales Establishment
Means land or buildings used for the display, storage and sales or leasing, or renting of new
and/or used motor vehicles and recreational vehicles and related products, and may include
accessory uses such as an auto repair garage and/or auto body shop, administrative offices
and a customer lounge.
Automotive Service Station
Means a building and/or lot used for the sale of fuels or energy products, for motor vehicles
or recreational vehicles and may include an auto repair garage, the servicing, repairing,
lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and
related products, but shall not include an auto body shop, automotive sales establishment, or
gas bar.
Bakery
Means an establishment where baked good are prepared, but no retail sales occur.
Bank
Means a place that provides a range of financial services and includes a trust
company or other financial institution, and may include an accessory use bank
machine.
Basement
Means that portion of a building below the first floor which is partly underground.
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used in
building or construction and includes but is not limited to:
1.
Facilities for the administration or management of the business;
2.
The stockpiling of bulk materials used in the production process of finished
products manufactured on the premises; and
3.
The storage and maintenance of equipment.
Bed and Breakfast Establishment
Means a private dwelling in which guest rooms are provided for gain as temporary
accommodation on a daily basis for the travelling or vacationing public as an accessory use
and where the proprietor lives on the premises.
Boat House
Means an accessory building used for the storage of boats and boating equipment.
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Zoning By-law
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Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats,
marine vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock,
boat house or other mooring facility.
Building
Means any structure consisting of walls, roof and floors used or intended for sheltering any
use or occupancy. A building shall also include a shipping container, sea can, or similar
storage structure when the structure is placed on the ground for any purpose other than
loading and unloading a shipment in conjunction with an industrial or commercial use for up
to a maximum of 28 consecutive calendar days. The word "building" shall include the whole
of such structure or part thereof.
Building Area
Means the area of the lot within which permitted buildings or other structures may be
erected, used and maintained and shall be calculated by deducting all appropriate yard areas
and setbacks from the gross lot area.
Building Envelope
Means the three-dimensional buildable area on a lot, defined by all of the required yards and
setbacks and the maximum height provisions, within which a building can be erected.
Building Inspector or Building Official - see Chief Building Official
Building Permit
Means a permit required by the Building Code Act, 1992.
Building, Main
Means a building in which is conducted the principal uses of the lot on which it is situated.
Building Line
Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum
distance between that lot line and any portion of a building or structure which may be
erected.
Building, Mixed Use
Means a building containing more than one land use that are designed and constructed as a
single building.
Building Separation
Means the horizontal distance between the nearest portions of the walls of any buildings on
a lot.
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Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing,
electrical, heating, hardware, air conditioning, home improvement and similar goods are
stored, displayed, or kept for retail or wholesale sale and may include a bulk storage yard,
but which shall not include a salvage yard.
Building, Temporary
Means a building intended for removal or demolition within a prescribed time period.
Built Heritage Resource
Means a building, structure, monument, installation or any manufactured or constructed part
or remnant that contributes to a property's cultural heritage value or interest as identified by
a community, including an Indigenous community. Built heritage resources are located on
property that may be designated under Parts IV or V of the Ontario Heritage Act, or that may
be included on local, provincial, federal and/or international registers.
Bulk Fuel Depot
Means lands, buildings and structures for the storage, distribution of fuels and oils but not
including retail sales or key lock operations.
Bulk Retail Outlet
Means an establishment in which large, bulky or unwieldy items, including furniture or
appliances, machinery, floor coverings, landscaping and garden supplies, and/or building
materials, are the primary items offered or kept for sale or rental to the public, and excludes
any Automotive Use.
Bulk Storage Yard
Means land or a lot used for the storage, in the open or partially sheltered, of goods and
materials and, without limiting the foregoing, shall include lumber, building supplies, and
construction equipment, but shall not include a salvage yard.
Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on a
temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling,
hiking or other similar forms of recreation but does not include a seasonal dwelling or a
dormitory.
Campground
Means an area of land, managed as a unit, providing short-term accommodation or overnight
camping for tents, tent trailers, recreational vehicles or truck campers. A campground may
include accessory uses, buildings and structures such as an accessory dwelling, laundromat,
convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or
other goods or supplies and equipment rentals that are accessory to the operation of the
campground.
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Zoning By-law
14
Camp Site
Means a parcel of land within a campground that is maintained as a site for the location of
accommodations such as a tent, tent trailer, recreational vehicle or truck camper, but
excluding a mobile home.
Cannabis Production Facility
Means a facility used for the cultivation, production, processing, testing, destruction,
packaging, and/or shipping of cannabis and cannabis-based products.
Carport
Means a structure open on at least two sides and intended to be used for the sheltering of
one or more motor vehicles.
Car Wash
Means a commercial building or portion thereof used for the washing or cleaning of motor
vehicles.
Catering Establishment
Means a commercial establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises.
Cemetery
Means a cemetery within the meaning of the Cemeteries Act and includes a mausoleum,
columbarium or other building or structure intended for the interment of human remains.
Chief Building Official
Means an officer or employee of the Municipality charged with the duty of enforcing the
provisions of the Building Code Act.
Church - see Place of Worship
Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis and
treatment of patients and, without limiting the generality of the foregoing, the building may
include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries
directly associated with the clinic.
Commercial Use
Means the use of land, structure or building for the purposes of buying and/or selling
commodities and supplying services, as distinguished from such uses as manufacturing or
assembling of goods, warehousing, transport terminals, construction and other similar uses.
Commercial Entertainment and Recreation Establishment
Means an entertainment facility such as a theatre, bowling alley, billiard room or similar
facility where entertainment is provided for a fee.
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Commercial Floor Space
Means the sum of the areas of all floors of a building or part thereof used for commercial
purposes, measured between the internal faces of the exterior walls, excluding the furnace
room, laundry room or washroom, stairwell or elevator shaft or any area designated or used
permanently for storage space.
Commercial Greenhouse, Nursery or Garden Centre
Means a building and/or outdoor area primarily used for the growing of flowers, sod,
vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for
wholesale or retail sale on or off the premises and may include the incidental sale of
gardening supplies, planting materials fertilizers and equipment.
Commercial Parking Lot
Means a lot on which the principal use of the land is the temporary parking of two or more
motor vehicles for profit or gain.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body and
includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used
for hauling purposes on the highway.
Communications Facility
Means an installation which transmits, receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone
tower, radio or television broadcast tower or similar facility approved by Industry Canada.
Community Centre
Means a multi-purpose facility that offers a variety of programs of a recreational, cultural,
day care, social, community service, informational or instructional nature, and may include,
as a portion of it, a medical facility.
Community Garden
Means a garden, which may be rented by individuals or groups, for the growing of plants,
including vegetables, fruits, grains, flowers or herbs, and which is intended to provide
communal benefits to the caretakers of the garden.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority use
given to preservation, protection or conservation of their ecological uniqueness, wildlife
production and their natural features and may include non-commercial recreational uses.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities for
the administration or management of the business and the stockpiling or storage of supplies
used in the business, but does not include the crushing of virgin or recyclable aggregates or
materials nor the wholesale or retail sale of building supplies or home improvement supplies.
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Convenience Store
Means a retail store where a range of day-to-day items such as newspapers, confections,
food, and other such household items are sold in small quantities.
Corporation
Means the Corporation of the Township of Gillies.
Cottage
shall have the meaning attributed to it in the definition Dwelling, Seasonal.
Council
Means the Council of the Corporation of the Township of Gillies.
Craft Shop
Means an establishment in which the preparation, creation, and/or sales of handicrafts is
conducted for commercial purposes.
Crisis Care Facility
Means a residential facility that is licensed and funded by the Province of Ontario,
Government of Canada or an appointed agency in which, for the short term, temporary care
is provided to persons requiring immediate emergency shelter and aid who are living under
supervision in a single housekeeping unit and who, by reason of their emotional, mental,
social or physical condition or legal status, require a group living arrangement for their
wellbeing.
Day Care
Means a facility for the temporary care of children in exchange for compensation and, where
such care is provided in a private residence, other than the home of a parent or guardian of
any such child, the service is offered for a continuous period not exceeding twenty-four
hours.
Deck
Means a structure above the ground cantilevered from a dwelling or building or supported by
the ground with no roof or walls except for visual partitions and which is used as an outdoor
living area.
Detached
When used in reference to a building or structure, means a building or structure which is not
structurally dependent on, nor adjoins on any side, any other building.
Development
Means the creation of a new lot, a change of land use, or the construction of buildings or
structures requiring approval under the Planning Act and includes redevelopment, but does
not include activities that create or maintain infrastructure authorized under an
Environmental Assessment process, works subject to the Drainage Act, or underground or
surface mining of minerals or advanced exploration on mining lands.
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Dock
Means an accessory structure used for the mooring of boats, marine vessels or watercraft
which is designed to float freely on the surface of the water and which may be secured or
anchored to the shoreline.
Drive-Through Facility
Means a premises used to provide or dispense products or services through an attendant or a
window or an automated machine, to persons remaining in motor vehicles that are in a
designated queuing space, and may be combined with other land uses. Kiosks within a
parking structure necessary for the operation of the parking facility or kiosks associated with
a surface parking area are not considered drive-through facilities.
Driveway
Means an unobstructed private way used to provide access to a lot from a street or lane.
Driving Range
Means a public or private area operated for the purpose of developing golfing techniques,
including miniature golf courses, but excluding a golf course.
Dry Cleaning or Laundry Outlet
Means a premises used for the purpose of receiving articles or goods of fabric to be
subjected to the process of laundering or dry cleaning at another location and may include
facilities for the pressing or ironing of such articles.
Dwelling
Means a building or part of a building occupied or capable of being occupied as a residence,
or sleeping place, by one or more persons, where food preparation and sanitary facilities are
provided, but shall not include a hotel or motel.
Dwelling - Accessory
Means a detached dwelling which is accessory to a permitted residential use.
Dwelling - Additional
Means a dwelling unit contained within a building that is secondary and subordinate to an
associated principal dwelling unit in the same building, and its creation does not result in the
creation of a semi-detached, row dwelling or apartment dwelling.
Dwelling - Apartment
Means a building containing four or more dwelling units but shall not include a row dwelling.
Dwelling - Duplex
Means a building that is divided horizontally into two dwelling units, each of which has an
independent entrance.
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Dwelling - Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured in
accordance with applicable standards in the Ontario Building Code and designed to provide a
permanent residence for one or more persons, but does not include a recreational vehicle.
Dwelling - Modular
Means any of the following, but does not include a recreational vehicle:
1.
A dwelling that is designed and built in more than one unit and is designed to be
made mobile on a temporary basis, and constructed or manufactured off-site to
provide a permanent residence for one or more persons; or
2.
A mobile home constructed on a permanent foundation constructed in
accordance with the Ontario Building Code; or
3.
A mobile home altered to conceal the chassis by means of a skirt constructed of
brick, stucco, metal, vinyl, or other similar material.
Dwelling - Row
Means a building that is divided vertically into three or more dwelling units, each of which
has an independent entrance at grade.
Dwelling - Seasonal
Means a dwelling constructed for occupancy exclusively in the spring, summer, or autumn
and does not meet Ontario Building Code requirements for winter occupancy.
Dwelling - Semi-Detached
Means a building on a single foundation divided vertically into two separate dwelling units by
a common wall.
Dwelling - Single-Detached
Means a detached building containing one dwelling unit.
Dwelling Unit
Means one or more habitable rooms, or suites of two or more rooms, designed or intended
for use and/or occupancy by one or more individuals as a household, in which separate
culinary and sanitary facilities are provided for the exclusive use of such household, and
which is accessed by a private entrance from outside the building or from a common hallway
or stairway inside the building.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Emergency Service Facility
Means a use providing police, fire, ambulance, or paramedic services.
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Entrance
Means in reference to a lot, the area of intersection between a driveway and a street line.
Environmental Protection Areas
Means significant river valley corridors, shorelines, wildlife and fish habitat as classified by
the Ministry of Natural Resources and Forestry.
Equestrian Establishment
Means the use of land, buildings and structures for operation of a horse riding academy or
horse riding stables.
Equipment Sales, Service, Rental and Repair Establishment
Means a building or part of a building and land where machinery or equipment for use in
construction undertakings, commercial vehicles, and other similar goods are kept for sale at
retail or wholesale and which may be serviced, washed or repaired and may include an auto
body shop.
Equipment and Vehicle Storage Yard
Means an uncovered area of land which is used for the storage of machinery and equipment
for construction undertakings, commercial vehicles, and other similar goods requiring large
areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods
may be permitted in a building provided such repair is clearly incidental and secondary to the
storage use.
Erect
Means to build, construct, reconstruct, renovate, alter or relocate and, without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation such
as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing
building or structure by an addition, enlargement or extension.
Established Grade
Means:
1.
When used with reference to a building, the average elevation of the finished level
of the ground adjoining a wall of the building, measured along the length of the
wall, exclusive of any artificial embankments or berms or steps;
2.
When used with reference to a structure, the average elevation of the finished
surface of the ground immediately surrounding such structure;
3.
When used with reference to a street, road or highway, the elevation of the street,
road or highway established by a public authority.
Existing
Means existing as of the date of the passing of this By-law.
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Fairground
Means land, buildings and structures used for entertainment, agricultural and related
exhibits, competitive events, food concessions, a carnival or midway which are conducted on
a seasonal or temporary basis and may include grandstands, barns and other accessory
buildings and structures normally associated with such a use.
Farm, Hobby
Means land on which a farm may be operated primarily for recreational purposes or for
home consumption by the occupants of the dwelling on the same lot, and which is clearly
secondary and accessory to the permitted use. A hobby farm may also include a farm
produce outlet.
Farm Produce Outlet
Means an accessory use to a farm which consists of the retail sale of agricultural products
produced on the farm where such outlet is located.
Farmer's Market
Means an establishment or premises where the farm products of a local farming community,
or other products, are sold at retail by small-scale vendors.
Fence
Means a wall, other than the wall of a building, gate or other barrier constructed of wood,
masonry, metal or combination thereof, which may be continuous throughout its entire
length, save and except where access areas and lines of sight are required for safety
purposes.
Fill
Means sand, gravel, earth or other materials of any composition whatsoever placed or
deposited by humans.
First Storey
Means the storey above a basement with its floor closest to and above grade.
Fitness Centre
Means a building or part of a building in which facilities are provided for recreational or
health-related activities, including but not limited to weight training and exercise classes and
may include associated facilities and services such as a lounge, washrooms, showers, and
saunas, an administrative office and an accessory retail sales outlet for fitness-related attire,
equipment and dietary supplements.
Flood Elevation or Floodline
Means a line representing the vertical flooding limit of a one-in-one-hundred-year storm
event, as established by floodplain mapping or by a public authority.
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Flooding Hazards
Means lands having the potential for flooding impacts, the extent of which is measured by a
one-in-one-hundred-year storm event, or a greater standard defined by a public authority.
Floodplain
For river, stream and small inland lake systems, means the area adjoining a watercourse that
has been or may be subject to flooding hazards.
Floor Area, Gross
Means the total area of all floors contained within a building measured between the exterior
faces of the exterior walls of the building, or, where there are no walls, the total area of a
floor within the outer perimeter of the floor.
Floor Area, Ground
Means the floor area of the first storey of a building, measured between the exterior faces of
the exterior walls at the floor level of such storey, but excludes car parking areas within the
building; and for the purposes of this paragraph the walls of an inner court are and shall be
deemed to be exterior walls.
Floor Area, Net
Means usable or habitable space above or below grade, measured from the exterior face of
the exterior walls of the building or structure but shall not include:
1.
Any private garage, porch, veranda, unfinished basement, or attic; or
2.
Any part of a building or structure below grade which is used for building
services, storage or laundry facilities; or
3.
Any part of the building or structure used for the storage or parking of motor
vehicles; or
4.
Any part of a commercial shopping area used as a hallway, corridor passageway,
utility room, public washroom, balcony or mezzanine not otherwise used for the
display or sale area for merchandise.
Forestry Use
Means the general raising, management and harvesting of wood and shall include the raising
and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and
silva culture practices.
Funeral Home
Means a building or part thereof used for the purpose of furnishing funeral services to the
public, but shall not include a crematorium.
Garage, Private
Means a single-storey accessory building or portion of a main building which is designed or
used for parking or storage of motor vehicles of the occupants of the premises in which there
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are no facilities for repairing or servicing of such vehicles for remuneration or commercial use
and includes a carport.
Garden Centre
Means land, building, structure or part thereof or an outdoor area primarily used for the
retail sale of gardening equipment, landscaping products and planting materials.
Garden Suite
Means a temporary one-unit detached residential building containing sanitary and kitchen
facilities that is accessory to an existing permanent residential building and that is designed
to be portable, but shall not include a mobile home, or a recreational vehicle.
Gas Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and which
may include a building, structure or booth used for the sale of gasoline products and
convenience items including but not limited to beverages, prepared foods, newspapers,
lottery tickets sundries and may include other accessory features such as a comfort station
and ATM.
Gazebo
Means a freestanding, roofed accessory structure which is not enclosed, or enclosed only
with transparent screening such as glass or netting, and which is utilized for the purposes of
relaxation in conjunction with a main use but shall not include any other use or activity
otherwise defined or classified herein.
Gillies
Means the geographic land area under the jurisdiction of the Corporation.
Golf Course
Means a public or private area operated for the primary purpose of playing the sport of golf
but may also include such accessory buildings and structures as are necessary for the
operation and maintenance of the golf course including club house facilities, a restaurant,
banquet, conference and other uses of a social, recreational and entertainment nature
normally associated with golf course development.
Government Offices
Means a municipal office, court house, registry office, health and welfare centre,
employment office, post office, or other office uses for the purpose of local or other
government administration.
Gravel Pit
Means an open land area where sand, gravel and rock fragments are mined or excavated for
sale or off-tract use.
Grade - see "Established Grade"
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Greenhouse
Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation
which are not necessarily transplanted outdoors on the same lot containing such
greenhouse.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Township, in which up to six persons (excluding supervisory or operating staff) live together
under responsible supervision consistent with the requirements of its residents for a group
living arrangement and which is licensed and/or approved under Provincial Statutes and in
compliance with municipal By-laws.
Guest Cabin
Means an accessory building, located on the same lot as the main building, which is used for
sleeping accommodation but does not contain any cooking facilities and may contain sanitary
facilities.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is
used or maintained for gain or hire by providing accommodation.
Habitable Room
Means a room in a dwelling used or intended to be used primarily for living, dining, sleeping
or kitchen accommodation and may include a bathroom, den, library or enclosed sunroom
but shall not include any private garage, carport, porch, unfinished attic, or unfinished
basement.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring
processes, including lands in a floodplain or subject to a flooding hazard or erosion hazard.
Hazardous Substances
Means substances which, individually or in combination with other substances, are normally
considered to pose a danger to public health, safety and the environment. These substances
generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive,
radioactive or pathological.
Height
Means the vertical distance between the established grade and:
1.
In the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is the highest [see Figure 4.1]; or,
2.
In the case of all other types of roofs, the mean height level between the base of
the roof (eaves or deck line) and highest point of the roof (ridge) [see Figure 4.1].
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Where the height is designated in terms of storeys, it shall mean the designated number of
storeys above and including the first storey.
Figure 4.1: Building Heights
Helipad
Means a landing area used for the landing and take-off of helicopters and may include
incidental emergency service facilities, fuelling facilities and passenger and cargo areas.
Herein
Means in this By-law, and shall not be limited to any particular section of this By-law.
High-Water Mark
Means the mark made by the action of water under natural conditions on the shore or bank
of a body of water, which action has been so common and usual and so long continued that it
has created a difference between the character of the vegetation or soil on one side of the
mark and the character of the vegetation or soil on the other side of the mark.
Highway
Means a street under the jurisdiction of the Ontario Ministry of Transportation.
Home Industry
Means a home-based business in which a product is manufactured or a service is rendered
that is characterized by a light industrial use, and which is clearly secondary to the principal
residential use of the same lot on which the home industry is located.
Home Occupation
Means the accessory use of part of a dwelling or accessory building for an occupation,
business, or professional activity that results in a product or service and which is clearly
secondary to the main use of the dwelling unit, and includes a licensed or unlicensed home
child care service, but does not include a home industry.
Hotel
Means a building designed or used for the temporary accommodation of the travelling or
vacationing public, containing guest rooms served by a common building entrance. Accessory
uses may include accommodation for permanent staff and one or more beverage rooms,
dining rooms, meeting rooms, restaurant or similar uses. This term does not include a "Bed
and Breakfast" establishment.
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Industrial Use
Means the use of land, building or structures for the purpose of manufacturing, assembling,
making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing,
warehousing, storing or adapting for sale of any goods, substances, article or thing, or any
part thereof and the storage of building and construction equipment and materials as
distinguished from the buying and selling of commodities and the supplying of personal
services. This definition does not include a mine, pit or quarry or noxious industry. Accessory
uses may include transportation, wholesaling, storage, shipping and receiving incidental to
the industrial use.
1. Class I Industry - Light Industrial
Means a place of business for a small scale, self-contained plant or building which produces,
manufactures, assembles or stores a product which is contained in a package and has a low
probability of fugitive emissions, noise, odour, dust or vibration. Such industries operate in
the daytime only with infrequent movement of products, few heavy trucks and no outside
storage. 'Light Industrial Uses' or 'Class I Industry' have a corresponding meaning.
2. Class II Industry - Medium Industrial
Means a place of business for medium-scale process and manufacturing with outdoor
storage of wastes or materials and where there are periodic or occasional outputs of fugitive
emissions, noise, odour, dust and/or vibration. Shift operations may occur and there is
frequent movement of products and/or heavy trucks during daytime hours. 'Medium
Industrial Uses' or 'Class II Industry' have a corresponding meaning.
3. Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise, smoke,
odour, fumes or vibrations, or extensive outside storage, as part of their normal operations.
'Heavy Industrial Uses' or 'Class III Industry' have a corresponding meaning.
Institutional Use
Means any land, building, structure or part thereof used to provide non-profit or non-
commercial purposes for governmental, educational, charitable, fraternal or other public
services.
Junk Yard - see Salvage Yard
Kennel
Means a commercially-operated building or structure where four or more dogs over the age
of six months, are kept, bred, or boarded.
Landfill- see Waste Management Facility
Landscaping
Means any combination of trees, shrubs, flowers, grass or other horticultural elements,
together with decorative stonework, paving, screening or other architectural elements, all of
which is designed to enhance the visual amenity of a property and to provide a screen to
mitigate any objectionable aspects that may detrimentally affect adjacent land and is an area
which is not to be built upon.
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Lane
Means a public thoroughfare other than a street or pedestrian way, improved or not, which
has a right-of-way width of 10 metres or less and which provides a secondary means of travel
for vehicular traffic to abutting lots and which is not intended for general traffic circulation.
Livestock
Means animals associated with an agricultural use such as, but not limited to, cattle, horses,
goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial
purposes.
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions,
intended for the keeping or housing of livestock and includes all manure or material storages.
Loading Space
Means an unobstructed area of land which is used for the temporary parking of one or more
commercial motor vehicles while merchandise or materials are being loaded or unloaded
from such vehicle.
Logging Operation
Means an area of land and/or building of a logging contractor where equipment and
materials are stored and may include repairs to logging equipment.
Lot
Means all contiguous land under one ownership, legally capable of being transferred from
one owner to another.
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot,
excluding the horizontal area of any floodplain or wetland area located on such lot.
Lot, Corner
Means a lot situated at an intersection of two or more public roads, or at the intersection of
two parts of the same public road which have an interior angle or intersection of not more
than 135 degrees.
Lot Coverage
Means that percentage of land or lot area covered by all buildings and structures.
Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and rear lot
lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of
the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth"
shall mean the length of a straight line joining the middle of the front lot line with the apex of
the triangle formed by the side lot lines.
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Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are not
parallel, it shall be the width of a lot measured as a straight line between the intersections of
the side lot lines at points equal to the front yard setback back from and parallel to the front
lot line.
Lot, Interior
Means a lot other than a corner or through lot which has frontage on a street or road.
Lot Line
Means a boundary line of a lot or the vertical projection thereof.
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a
street [see Figure 4.2].
Lot Line, Front
Means:
1.
In the case of an interior lot, the line dividing the lot from the street, street
allowance or private road;
2.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line;
3.
In the case of a corner lot with two street lines of equal length, the lot line where
the principal access to the lot is provided shall be deemed to be the front lot line
[see Figure 4.2].
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line [see Figure 4.2].
Lot Line, Side
Means a lot line other than a front lot line or rear lot line. On a lot with more than four sides,
any lot line not otherwise defined as a front or rear lot line shall be considered as an exterior
side (abutting a street or road) or interior side (abutting another lot) lot line [see Figure 4.2].
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets and where
such lot qualifies as being both a corner lot and a through lot, such lot shall be considered as
a corner lot.
Main Building
See "Building, Main"
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Main Use
Means the use, building, or structure which constitutes the principal use for which the lot is
used.
Major Facilities
Means facilities which may require separation from sensitive land uses, including but not
limited to airports, manufacturing uses, transportation infrastructure and corridors, rail
facilities, marine facilities, sewage treatment facilities, waste management systems, oil and
gas pipelines, industries, energy generation facilities and transmission systems, and resource
extraction activities.
Medical Clinic - see Clinic
Merchandise Repair Shop
Means an establishment in which articles or goods, other than vehicles or industrial
equipment, are repaired or serviced. The shop may include the retail or wholesale sale of
replacement parts for similar articles or goods.
Microbrewery
Means a commercial operation where beer is produced at a small scale. A microbrewery may
sell the product that is produced on-site, including for purposes of on-site consumption. A
microbrewery may also sell retail items directly related to the operation on-site. A
microbrewery shall not include a tavern.
Mine
Means a mine as defined in the Mining Act. Mining shall have a corresponding meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance of
the ground that has not been rehabilitated.
Mineral Aggregate Operation
Means:
1.
Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto, or a pits and
quarries control by-law enacted under the Municipal Act; and
2.
Associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate resources and derived products such as asphalt and
concrete, or the production of secondary related products.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with remaining
mineral development potential that has not been permanently rehabilitated to another use.
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Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities.
Mixed-Use Building
See "Building, Mixed-Use"
Mobile Home - see Dwelling - Mobile Home
Mobile Home Park
Means land which has been provided and designed for the location thereon of two or more
occupied mobile homes.
Motel
Means a building or buildings designed or used for the accommodation of the travelling or
vacationing public, containing therein three or more guest rooms, each guest room having a
separate entrance directly from outside and may include an accessory eating establishment
but does not include a bed and breakfast establishment.
Motor Home - see Recreational Vehicle
Motor Vehicle or Vehicle
Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm
tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any
kind of power, including muscular power, but does not include a snowmobile.
Municipal Service Centre
Means a facility in which the Municipality provides municipal services and
administration, and may also include offices and other ancillary uses.
Municipality
Means the Township of Gillies
Museum
Means a building or buildings used, or to be used, for the preservation of a collection of
paintings and/or other works of art, and/or objects of natural history, and/or of mechanical
scientific and/or philosophical inventions, instruments, models and/or designs, and dedicated
or to be dedicated to the recreation of the public, together with any libraries, reading rooms,
laboratories and/or other offices and/or premises used or to be used in connection
therewith.
Non-Complying
Means any existing building, structure or lot which does not comply with one or more of the
zone regulations and standards of this By-law.
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Non-Conforming
Means any existing use, building, structure or lot which is does not conform to the permitted
use provisions of any Zone in this By-law.
Non-Residential
Means a use, building or structure that is designed, intended or used for purposes other than
those of a dwelling or a residential use.
Nursery - see Commercial Greenhouse, Nursery or Garden Centre
Occupied
Is an adjective that describes buildings, structures, or land. An "Occupied" building or
structure is one that is utilized by humans. An "Occupied" parcel of land is land which
contains human-made structures or land which is utilized by humans.
Office
Means a building, structure or part thereof used for conducting the affairs of businesses,
professions, services, industries, governments, or like activities. The term does not include a
retail store, a clinic, a hospital, a veterinarian's clinic, an animal hospital or a shelter for
humans or animals.
Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian
walkways, patios, swimming pools or similar areas but not including any driveway, ramp,
parking spaces or aisles, loading spaces or manoeuvring areas and similar areas.
Open Storage
Means the storage of goods, merchandise or equipment outside of a building or structure on
a lot or portion thereof, but does not include a storage use located in a building, a salvage
yard, a parking area, a loading space or a parking space.
Orchard
Means a group of fruit trees maintained by humans for the purposes of cultivating the fruit
from the trees for personal or commercial purposes.
Order Station
Means an ordering box, service window, display board or any other device, including
communication equipment, used by the public and operator to facilitate sales and/or services
in a drive-through service facility.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area, loading
space or parking space which is used in conjunction with a business located within the
building or structure on the same property, for the display of goods, merchandise, equipment
and seasonal produce and products and may include garden supplies and Christmas trees,
new merchandise or the supply of services.
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Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally
incompetent person, an executor, an administrator or a guardian.
Park
Means an area of land, whether enclosed or not, which is used for recreational or leisure
uses including but not limited to a beach, playground, play field, athletic field, field house,
community centre, bleachers, swimming pool, wading pool, splash pad, greenhouse,
botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green,
boat livery, bathing station, curling rink, refreshment concession, campground, fairground,
and conservation area.
Parking Lot, or Parking Area
Means an open area of land, accessory to a permitted use, not located on a public road,
private road or lane which is used for the parking of motor vehicles, but shall not include any
public roads or areas where motor vehicles for sale or repair are kept or stored.
Parking Space
Means an area used for the temporary parking of one motor vehicle.
Parking Space, Barrier Free
Means a parking space for the temporary parking of a motor vehicle that can be used by
persons with physical, mental or sensory disabilities.
Patio
Means a surfaced, open space of land at grade adjacent to a residential dwelling which is
used as an extension to the interior of the home for private entertainment or leisure
activities and is uncovered. In a commercial setting, means an outdoor eating area accessory
to a restaurant where food and/or refreshments prepared on the premises are consumed.
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which is permitted in the zone where such use is located.
Person
Means an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
Personal Service Establishment
Means a building wherein a personal service is performed including but not limited to a
barber shop, beauty salon, aesthetician, shoe repair, photographic store, but excludes a
manufacturing or fabrication of goods for sale.
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Pit
Means land or land under water from which aggregate is being or has been excavated to
supply material for construction, manufacturing or industrial purposes, but shall not include
rehabilitated land or an excavation incidental to the erection of a building or a structure for
which a building permit has been granted by the Township, or an excavation incidental to the
construction of any public works.
Place of Amusement
Means commercial premises wherein amusement facilities are provided such as a video
arcade, arcade, billiard or pool room but does not include an adult entertainment parlour or
bingo hall.
Place of Worship
Means a building or an open area dedicated to religious worship or activities and may
include:
1.
an accessory dwelling; and
2.
other secondary meeting facilities; and
3.
accessory uses such as an auditorium, religious education facilities, parish hall,
rectory, manse; and
4.
cemetery.
Porch or Veranda
Means a covered, unenclosed entrance to a building usually with a separate roof and used as
an outdoor living space.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes stockpiling and
storage of bulk materials used in the process and which is not of permanent construction, but
which is to be dismantled at the completion of the construction process.
Portable Concrete Plant
Means a building or a structure with equipment designed to mix cementing materials,
aggregate, water and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process and which is not of permanent construction, but which
is to be dismantled at the completion of the construction process.
Premises
Means the area of a building and lot occupied by a business or enterprise. In a multiple-
tenancy building occupied by more than one business, each business area shall be considered
separate premises.
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Principal
Means primary, main, or dominant.
Printing and Processing Service Shop
Means a building or part of a building used by one or more persons who are employed in the
management, direction or conducting of an activity, specifically undertaken to aid an
industrial or office use including photocopying, mail processing, receiving, distribution,
document finishing, laminating, faxing, and packaging. Accessory uses to any industrial or
business office activity such as computer graphic services and data processing may also be
permitted as part of this operation.
Private Road
Means a private right-of-way over private property which affords access to two or more
abutting lots or a road created through the registration of a plan of condominium, but does
not include a road established or maintained by a public authority.
Public Authority
Means the Township of Gillies and any Boards or Commissions thereof, and any Ministry or
Department of the Governments of Ontario or Canada, or other similarly recognized public
utility or agencies established or exercising any power or authority under any special or
general statute and includes any committee or local authority established by By-law of
Council.
Public Services
Means the buildings, structures and other related works necessary for supplying water, gas,
oil, electricity, steam, hot water, telephone services, telecommunication services, sewage
collection and treatment facilities and other services provided by a public authority.
Public Road
Means a public thoroughfare, lane, road, street, or highway affording principal means of
access or entrance to abutting properties, and which has been assumed and is maintained by
a public authority.
Public Use or Facility
Means a building, structure, or equipment owned and/or operated by the Township, any
Ministry or Commission of His Majesty in right of Ontario or Canada, any telecommunications
company, or natural gas company or any railway company authorized under the Railway Act
for any essential physical service within the community, and includes telephone, hydro, gas,
water, sanitary sewer or storm sewers, any and all equipment and appurtenances normally
associated therewith, but shall not include offices, storage yards, maintenance facilities or
warehouses.
Public Utility
Means a utility owned by a government or government agency, and may include an electrical
power or energy generating, transmission or distributing system, natural or artificial gas
works or supply system, a transportation system or a telephone system. The term includes
any lands, buildings, structures, or equipment required for the operation of the utility.
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Quarry
Means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction,
industrial or manufacturing purposes, but shall not include an excavation incidental to the
erection of a building or structure for which a building permit has been granted by the
Township, or an excavation incidental to the construction of any public works.
Reconstruction
Means to re-build, erect or assemble a previously existing building or structure.
Recreational Use
Means the use of land, building and/or structure for outdoor leisure and sporting purposes
and for purposes of enjoyment of the natural environment and activities relating thereto,
which may include uses such as boating, camping, canoeing, hunting, fishing, snowmobiling
and swimming.
Recreational Facilities
Means land, structures and equipment for outdoor and indoor sports and games, but does
not include a shooting gallery or rifle, pistol, skeet or trap club, an automobile race track or
commercial amusement park or theatre.
Recreational Vehicle
Means any vehicle so constructed that is suitable for being attached to a motor vehicle for
the purpose of being drawn or is propelled by the motor vehicle and is capable of being used
for living, sleeping, eating or accommodation of persons on a temporary, transient or short-
term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a
motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus
converted into a motor home. The definition of a recreational vehicle shall not be interpreted
to include a mobile home, recreational equipment such as boats, boat or vehicle trailers,
personal watercraft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for
recreational purposes and which are normally stored or parked on a lot.
Recreational Vehicle Sales and Storage
Means a building and/or lot which is used for the display, storage and/or sale of boats,
recreational vehicles or recreational equipment.
Recycling Depot or Transfer Station
Means a special waste management facility which only serves as a temporary storage site for
clean materials such as glass, paper, cardboard, plastic, metal and other similar products
which will be transferred to another location for reuse. This definition does not include any
other type of waste management system.
Redevelopment - see Development
Remote Cottage
Means a Recreation Dwelling located on a lot which does not front on to a public road and
has no municipal services available.
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Renovation
Means the repair, strengthening or restoration of a building to a safe condition, but does not
include its replacement.
Residential Care Facility
shall mean an establishment providing supervised or supportive in-house care for those who
need assistance with daily living, that may also provide on-going medical or nursing care or
counselling and social support services and which may include services such as medical,
counselling, and personal services.
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Restaurant
Means premises, including a drive-through service facility, in which the principal business is
the preparation and serving of food and refreshments to the public for consumption at tables
within or outside the building and which may include the preparation of food in a ready-to-
consume state for consumption off the premises.
Retail Store
Means a building wherein goods, wares, merchandise, groceries, substances or articles are
offered for sale to the general public, and may include the limited storage of goods, wares,
merchandise, substances or articles.
Retirement Home - see Residential Care Facility
Rooming Unit
Means a room or rooms rented as sleeping and living quarters, without cooking facilities and
may include an individual bathroom.
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further use,
dismantled or abandoned. This definition may include a junk yard, a wrecking yard, a scrap
metal yard, and an automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or
from a satellite.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished lumber
or as an intermediary step.
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School
Means a Provincially-approved institution for academic instruction and shall include a public,
private or separate school, a vocational school, or a post-secondary school such as a college
or university.
Seating Capacity
Means the number of persons that can be accommodated in a building or structure or part
thereof in a seated position on chairs, benches, or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in separate,
secured storage areas or lockers and may include the exterior storage of boats and water-
related equipment, recreational equipment and recreational vehicles.
Sensitive Land Use
Means buildings, amenity areas, or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse effects from
contaminant discharges generated by a nearby major facility. Sensitive land uses may be a
part of the natural or built environment.
Separation Distance
Means the horizontal distance between buildings or structures or physical features measured
from the closest point of the exterior wall or identifiable boundary of such building or
structure, or of such physical structure.
Septage
Means untreated sanitary waste from a septic tank, privy or holding tank.
Service Outlet or Shop
Means a shop for selling, servicing, repairing, installing or renting items and equipment,
including but without limiting the generality of the foregoing: radio or television shop,
locksmith shop, small appliance shop, household and carpenter tool shop, shoe repair, a copy
shop but shall not include a small engine shop or automotive repairs and automotive
services.
Setback
Means:
1.
With reference to a public road, the shortest horizontal distance between the
front lot line and the nearest building line.
2.
With reference to a waterbody, the shortest horizontal distance between the
specified feature and the nearest building line.
3.
With reference to a building, structure or land use and not applicable under
paragraph (1) or (2), shall mean the shortest horizontal distance from the building,
structure or land use in question.
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Sewage and Water Services
Means:
1.
Private Communal Sewage Services
a. Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that serves six or more lots or private residences and is not
owned by the Township.
2.
Private Communal Water Services
a. Means a non-municipal drinking-water system within the meaning of Section
2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private
residences.
3.
Individual On-Site Sewage Services
a. Means individual sewage systems as defined in Ont. Reg. 332/12, under the
Building Code Act, 1992 that are owned, operated and managed by the
owner of the property upon which the system is located.
4.
Individual On-Site Water Services
a. Means individual, autonomous water supply systems that are owned,
operated and managed by the owner of the property upon which the system
is located.
5.
Municipal Sewage Services
a. Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that is owned or operated by a municipality.
6.
Municipal Water Services
a. Means a municipal drinking-water system within the meaning of Section 2 of
the Safe Drinking Water Act, 2002.
7.
Partial Services
a. Means municipal sewage services or private communal sewage services and
individual on-site water services; or municipal water services or private
communal water services and individual on-site sewage services.
8.
Sewage Works
a. Means any works for the treatment and disposal of sewage in a wastewater
stabilization pond and includes hauled sewage.
Shipping Container
Means a pre-manufactured box that is designed to facilitate the transportation of goods by
one or more means of transportation and includes, but is not limited to, intermodal shipping
containers and transport box trailers.
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Shooting Range or Rifle Club
Means the use of land, buildings, structures or premises for commercial or private
recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a
sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include
accessory facilities.
Shoreline
Means a lot line or portion thereof which abuts or parallels the high-water mark of a
waterbody.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, formed by the street
lines abutting a corner lot and a third line drawn from a point on a street line to another
point on a street line, each such point being the required sight distance from the point of
intersection of the street lines.
Sign
Means any writing, letter work or numeral, any pictorial representation, illustration, drawing,
image or decoration, any emblem, logo, symbol or trademark or any device with similar
characteristics which:
1.
Is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and,
2.
Which is used to advertise, inform, announce, claim, give publicity or attract
attention.
Solar Collector
Means a small-scale ground-mounted or rooftop-mounted or wall-mounted device consisting
of photovoltaic panels that collect solar power from the sun.
Solar Collector, Commercial
Means a large-scale ground-mounted device consisting of photovoltaic panels that collect
solar power from the sun for commercial purposes.
Solarium
Means a glassed-in structure or room projecting from an exterior or main wall of a building
which may be used for sunning, therapeutic exposure to sunlight, or for a use where the
intent is to optimize exposure to sunlight.
Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a drive-
through facility that is separated from other vehicular traffic and pedestrian circulation.
Stacking lanes may be separated by any combination of barriers, markings or signage.
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Stable
Means a commercial establishment used for the purpose of boarding and/or training more
than five (5) horses, and/or training horseback riders, and/or hiring out horses for trail riding
or other riding purposes.
Storage Container - see Shipping Container
Storey
Means that portion of a building other than a basement included between the surface of any
floor and the surface of the floor, roof deck, ceiling or roof immediately above it.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and a
private road.
Structure
Means anything constructed or erected, the use of which requires location on the ground or
attached to something having location on the ground and, without limiting the generality of
the foregoing, includes vehicular parking facilities, a recreational vehicle, a sign, a fence, a
swimming pool, a deck, an individual on-site sewage services (i.e. septic tank).
Studio
Means a building or part thereof used:
1.
As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or
artisan or any similar artist or craftsman, where unique articles are made or
fabricated and offered for sale; or
2.
For the instruction of art, music, languages or similar disciplines.
Swimming Pool
Means an open or covered pool designed to be used for swimming, wading, diving or
recreational bathing which is at least 50 centimetres in depth and may include a hot tub,
inflatable pool or whirlpool.
Tavern
Means a "tavern" as defined by the Liquor License Act.
Temporary Car Shelter
Means a temporary structure erected to provide shelter primarily to a motor vehicle during
winter months and is designed to be dismantled or removed.
Top of Bank
Means a boundary where the majority of normal discharges and channel-forming activities
takes place. The top of bank boundary will contain the active stream channel, active
floodplain, and their associated banks.
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Tower
Means a structure situated on a non-residential site that is intended for transmitting or
receiving television, radio, or telephone communications, excluding those used exclusively
for dispatch communications.
Township
Means the Corporation of the Township of Gillies.
Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle
Trailer Park - see Campground
Transportation Depot or Truck Terminal
Means land, buildings or structures where commercial vehicles are kept for hire, rental
and/or leased, or stored and/or parked for remuneration and/or from which such vehicles
are dispatched for hire as common carriers and where such land, structure or building may
be used for the storage and/or distribution of goods, wares, and merchandise.
Use
Means the purpose for which a lot or a building or a structure is designed, arranged,
occupied or maintained, and used has a corresponding meaning.
Utility
Means any public or private system, works, plant, building, equipment, or services that are
provided to or for the use of the general public, including but not limited to telephone,
electric power, public water supply or sewage services, and includes a Utility Building.
Vehicle - see Motor Vehicle
Veterinary Establishment - see Animal Hospital / Shelter
Warehouse
Means a building used for the storage and distribution of goods, wares, merchandise,
substances or articles and may include facilities for a wholesale or retail commercial outlet,
but shall not include facilities for a truck or transport terminal or yard.
Waste Management Facility
Means land or a site which is licensed or approved by the Ministry of the Environment and/or
its agents where ashes, garbage, refuse, domestic waste, industrial waste, or municipal
refuse compost, excluding radioactive or toxic chemical wastes is disposed of or dumped.
Waterbody
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation
channel.
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Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open excavation
on a temporary basis for use by a road authority solely for the purpose of a particular project
or contract of road construction and not located on the road right-of-way.
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open excavation on
a temporary basis for use by a public authority solely for the purpose of a particular project
or contract of road construction and not located on the road right-of-way.
Welding Shop
Means a building or structure or part thereof where metal products are joined, repaired or
shaped by welding but no mass productions shall be involved.
Wellness Centre
Means a premises devoted to the actively sought goal of good health and includes the
teaching and practice, in both individual and group sessions, of a range of holistic, alternative
and integrative natural health practices and may include meditation, acupuncture, shiatsu,
massage therapies, yoga, and healthy eating programs, and may include accessory uses such
as administrative offices, physical fitness rooms, and waiting rooms, directly associated with
the premises, but excludes a recreational commercial establishment.
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 major types of wetlands are swamps,
marshes, bogs and fens.
Periodically soaked lands 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.
Wholesale Establishment
Means a building or part of a building where goods, wares, merchandise or articles are stored
in bulk for sale in wholesale quantities but does not include premises where any goods,
wares, merchandise, substances or articles are offered or kept for sale at retail.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are used in
combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a small-scale wind facility designed and used for converting the kinetic energy in wind
into mechanical energy or electrical energy.
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Wind Turbine, Commercial
Means a large-scale wind facility designed and used for converting the kinetic energy in wind
into mechanical energy or electrical energy.
Workshop
Means a building or structure or part of a building or structure used by a trade or craft for the
individual custom production of articles. The sale of such products shall be permitted as an
accessory use.
Wrecking Yard - see Salvage Yard
Yard
Means an area of a lot abutting a building that is intended for such purposes as privacy
space, landscaping, parking or access [see Figure 4.2].
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line [see Figure 4.2].
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of the main
building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be
measured from the intersection of the side lot lines to the closest point of the main wall of
the main building [see Figure 4.2].
Yard Sale
Means the occasional or infrequent sale of household goods, clothing, furniture, tools,
recreational equipment or other second-hand articles or sundry items, usually by the
households on an individual property, and may include a joint sale by neighbours on the
same street or a joint sale at a school, a place of worship or other location.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a building
closest to the side lot line [see Figure 4.2].
Yard, Exterior Side
Means a side yard adjacent to a street [see Figure 4.2].
Yard, Interior Side
Means a side yard other than an exterior side yard [see Figure 4.2].
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Zone
Means a portion of the Township within which certain uses of land and buildings are
permitted and certain other uses of land and buildings are prohibited, or within which certain
yards and other spaces are required or within which certain lot areas are established, or
within which certain height limits are prescribed for buildings, or within which a combination
of such aforesaid regulations shall apply, all as set forth and specified in this By-law. Zone
shall also mean a designated area of land use shown on a Schedule to this By-law.
Figure 4.2: Lot Line and Yard Definitions
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4 General Provisions
4.1 Accessory Buildings, Structures and Uses
4.1.1
General
1.
Accessory uses, building or structures, are permitted in any zone, and are subject
to the provisions of this By-law in which said building, structure, or use is located.
2.
Accessory uses, buildings or structure shall:
a.
Not be used for human habitation, except where a residential use is a
permitted accessory use;
b.
Not be considered as an accessory building or structure if attached to the
main building in any way;
c.
Not be considered an accessory building or structure if located completely
underground;
d.
Not exceed the maximum permitted height for the main building in the same
zone;
e.
Not be located in the required front yard, unless specifically allowed in this
By-law; and,
f.
Not exceed the setback from property line and lot coverage provisions, as
established by each zone.
4.2 Additional Dwelling Units
1.
Two additional dwelling units shall be permitted on a lot that permits a single-
detached dwelling in the Rural and Village Residential Zones.
2.
An additional dwelling shall not be erected on a lot that is occupied by a bed and
breakfast establishment, a group home, or a boarding house.
3.
An additional dwelling unit must comply with the applicable provisions of the
Ontario Building Code.
4.
Additional dwelling units shall be permitted to be located within the primary
single-detached dwelling or ancillary to the primary single-detached dwelling, with
a maximum of one additional dwelling unit permitted ancillary to the primary
dwelling.
5.
Notwithstanding any provision of this By-law to the contrary, a maximum of one
parking space shall be required for an additional dwelling unit permitted under this
section.
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4.3 Accessory Dwelling Units to Commercial Uses
1.
A maximum of one dwelling unit accessory to a commercial use is permitted.
2.
No dwelling unit is permitted to be accessory to a commercial use wherein
gasoline, petroleum products or any other highly flammable, toxic, or explosive
products are handled in quantity.
3.
Where a dwelling unit accessory to a commercial use already exists and the use of
the commercial establishment changes to a use involving the products listed in
provision (2), the dwelling unit shall cease to be occupied as dwelling unit.
4.4 Automobile Service Stations
1.
Notwithstanding any other provisions of this By-law, where a lot is used for an
automobile service station or gas bar:
a.
No portion of any pump island shall be located closer than 6 metres from a
lot line abutting a road;
b.
The minimum distance from the intersection of two road lines to the nearest
driveway serving an automobile service station or gas bar shall be a minimum
of 9 metres;
c.
A driveway serving an automobile service station or gas bar shall be a
maximum of 9 metres in width.
d.
The minimum distance between driveways serving an automobile service
station or gas bar shall be 9 metres.
4.5 Bed and Breakfast Establishments
1.
A bed and breakfast is permitted in a single-detached dwelling in any zone in
which a single-detached dwelling is permitted as a primary use.
2.
The operation of a bed and breakfast shall be incidental and secondary to the main
use as a dwelling unit.
3.
A bed and breakfast shall not be located within a mobile and/or modular home.
4.
The lot on which the bed and breakfast is proposed shall have frontage on a road
which is open and maintained by the Township, the Province of Ontario or another
road authority.
5.
The operation of a bed and breakfast shall not change the residential character of
the dwelling.
6.
A bed and breakfast shall be operated only by a person or persons whose principal
residence is the dwelling unit containing the bed and breakfast.
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7.
Where applicable, the Bed and Breakfast must be licensed by the government
authority with jurisdiction.
8.
Required parking spaces shall be located on the same lot as the bed and breakfast
and must be provided as identified by Section 4.24 of this By-law.
4.6 Buildings to be Moved
1.
No building or structure shall be moved within the limits of the Municipality or
from outside the Municipality into the Municipality unless the building or structure
is a permitted use and satisfies all the regulations of the zone in which it is to be
located.
4.7 Change of Use
1.
A use, building or structure which is not permitted in the zone applicable to the lot
accommodating the use, building or structure shall not be changed except to a use
which is permitted in such zone or as otherwise authorized by the Committee of
Adjustment under Section 45 of the Planning Act.
4.8 Frontage on a Street
1.
No person shall erect any building or structure or use any land in any zone unless
the lot upon which such building or structure is to be erected, or the land to be
used, has access to a public road or highway.
2.
Despite provision (1), access to a lot by means other than a public road or highway
shall be permitted for the following uses, where all other applicable zone
regulations are met:
a.
For a permitted use on a lot served by an existing private road;
b.
For a resource-related use on Crown Land;
c.
For a communications facility;
d.
For a public use;
e.
For a wayside pit or wayside quarry;
f.
For a water access lot or island; and,
g.
For any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities.
3.
Despite provision (1), where a development or subdivision agreement exists
between the Municipality and a landowner and is registered on title, access to an
unassumed, unopened or unmaintained public right-of-way shall be deemed to
comply to the provisions of this section, provided that the development is in
conformity with the zone regulations set out in the corresponding zone or any
exception thereto.
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4.
Despite provision (1), where a legal right-of-way is registered on title and provides
for a right-of-way to an existing lot which is developed for a single-detached
dwelling or seasonal dwelling as of the date of approval of this By-law, such uses
shall be deemed to comply with the provisions for access of this By-law.
5.
Despite provision (1), Building Permits may be issued for the replacement, repair,
and/or extension of lawfully non-conforming buildings on private roads, subject to
the provisions of the Planning Act and this By-law.
4.9 Group Homes
1.
Group homes shall be permitted in all zones permitting residential uses, provided
that they are licensed by the Province of Ontario.
4.10 Height Exceptions
1.
The height regulations of this By-law shall not apply to any:
a.
Ornamental dome;
b.
Chimney;
c.
Hydro towers;
d.
Communications tower;
e.
Storage silo;
f.
Barn;
g.
Cupola;
h.
Steeple
i.
Church spire;
j.
Water storage tank;
k.
Elevator enclosure;
l.
Flag pole
m.
Television or radio antennae;
n.
Ventilators;
o.
Sky lights;
p.
Windmills
q.
Wind turbines;
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r.
Solar collectors; or
s.
Fire lookout towers.
4.11 Home Occupation
1.
A home occupation shall be permitted in a permitted dwelling.
2.
Where permitted, a home occupation must:
a. Be conducted entirely within the dwelling;
b. Be clearly secondary to the use of the dwelling as a private residence; and
c. Must not change the residential character of the building.
3.
External storage of materials or finished products associated with the home
occupation is not permitted.
4.
The home occupation shall be operated by the inhabitants of the dwelling, with a
maximum of one (1) additional employee.
5.
The home occupation shall not generate excessive noise, dust, odour, fumes,
vibration, radiation, glare, traffic or parking demand.
6.
A home occupation shall not become a fire or building hazard or health risk.
7.
The area devoted to a home occupation must not exceed 25 percent of the floor
area of the dwelling.
8.
Where any parking is required for a home occupation, the parking space may be
located in a driveway associated with the dwelling on the lot.
9.
A maximum of one sign may be posted on a lot to advertise or identify a home
occupation.
4.12 Home Industry
1.
A home industry shall be permitted to operate within an accessory building to a
permitted dwelling.
2.
Where permitted, a home industry shall:
a. Be conducted entirely within the accessory building;
b. Be clearly secondary to the principal residential use of the property; and
c. Not change the residential character of the primary building.
3.
The external storage of materials or finished products must not detract from the
residential character of the property.
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4.
The number of persons engaged in the operation of the home industry is limited
to the inhabitants of the dwelling on the subject property, with a maximum of
one additional employee.
5.
The home industry shall not generate excessive noise, dust, odour, fumes,
vibration, radiation, glare, traffic or parking demand.
6.
The maximum net floor area of an accessory building utilized for a home industry
is 120 square metres.
7.
Where any parking is required for a home industry, the parking space may be
located in a driveway associated with the dwelling on the lot.
8.
A maximum of one sign may be posted on a lot to advertise or identify a home
industry.
4.13 Land Suitability For Use
1.
Despite any other provision of this By-law, no habitable building or structure shall
be erected, altered or used on land which is unsafe for development by reason of
unstable bedrock, unstable soils, steep slopes, low-lying or marshy conditions, or
unstable character.
4.14 Main Building on a Lot
1.
No person shall erect more than one (1) dwelling unit on a lot unless specifically
allowed in that Zone.
2.
No person shall erect more than one main building on a lot except for:
a.
Permitted commercial or industrial buildings; or
b.
Farm-related buildings associated with an active farm.
4.15 Minimum Distance Separation and Special Setbacks for Livestock
1.
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no residential, institutional, commercial, industrial, or recreational use
located on a separate lot and otherwise permitted by this By-law shall be
established, and no building or structure for such use shall be erected or altered,
unless it complies with the Minimum Distance Separation (MDS I) Formula
established by the Province, as amended, and implemented under the guidelines
established by the Province, as amended
2.
Notwithstanding any other yard or setback provision of this By-law to the contrary,
no livestock facility or manure storage facility shall be erected or expanded unless
it complies with the Minimum Distance Separation (MDS II) Formula established by
the Province, as amended, and implemented under the guidelines established by
the Province, as amended.
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3.
All open yard space reserved for use by livestock shall achieve a minimum
setback, from an existing well used to provide potable water, of:
a. 15 metres for drilled wells of 15 metres or more depth and without water-
tight casing, or for drilled wells with water-tight casing to a depth of 6 metres
or more; or
b. 30 metres for any other type of well.
4.
Application of the Minimum Distance Separation (MDS I and MDS II) Formulae
shall not be required between a livestock facility and a:
a. Dwelling or accessory building on the same lot;
b. Public utility;
c. Sewage treatment facility;
d. Waste disposal facility; or,
e. Pit.
4.16 Offensive, Prohibited, and Noxious Uses
1.
A use which is declared to be an offensive trade, business or manufacture under
the Health Protection Act, 1982, by the Province of Ontario, the Government of
Canada, or any government authority with jurisdiction, is not permitted in any
Zone.
2.
Nothing in this By-law shall be construed to permit the use of land or the erection
or use of a building or structure for any purpose:
a.
That is or is likely to become a nuisance or offensive:
i.
By the creation of noise or vibrations; or
ii.
By reason of the emission of gas, fumes, dust or objectionable odour;
or
iii. By reason of the unsightly storage of goods, wares, merchandise,
salvage, refuse matter or other such material.
3.
The practice of hydraulic fracturing in pursuit of hydrocarbons is prohibited within
Gillies.
4.17 Occupancy Restrictions
1.
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof:
a.
Any private garage or other building or structure which is accessory to a
residential use, except in accordance with the provisions of this By-law.
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51
b.
Any truck, bus, coach or streetcar body, whether or not the same is mounted
on wheels.
4.18 Open Storage and Outdoor Display
1.
No person shall use any lot or part thereof for open storage or outdoor display,
except as permitted by this By-law.
2.
Areas used for open storage or outdoor display shall be specifically designed and
set aside for such purpose and shall be fully integrated with the principal use of
the lot.
3.
Outdoor storage shall not be permitted within any required front yard or exterior
side yard, nor closer than 5 metres to any interior side lot line or rear lot line.
4.
Despite provision (3), where an open storage area abuts a residential zone:
a.
the required setback of the open storage area shall be 10 metres; and
b.
visual screening from any residential use shall be provided in the form of
landscaping or fencing a minimum of 2 metres in height.
5.
Any outdoor storage areas and loading areas in any Commercial, Industrial or
Institutional Zone must be visually screened or appropriately located to avoid
visibility from persons in vehicles travelling on Provincial Highways.
6.
An outdoor display area shall be permitted as an accessory use to any permitted
commercial use or industrial use, provided that the outdoor display area does not
reduce any required parking area or loading space required by this By-law.
7.
Despite the provisions of this section, seasonal sales of Christmas trees or a
temporary yard sale of a maximum of five days' duration shall be permitted to
occupy a designated parking area.
4.19 Regulated Area (LRCA)
The Township will not issue a Building Permit for lands within the Use Limitation Area
Overlay (which is the Lakehead Region Conservation Authority (LRCA) Regulated Area)
without written approval from the LRCA.
The following provisions apply to the Use Limitation Area Overlay.
1.
Despite the provisions of the underlying zone or other zoning provisions of the
Zoning By-law, all development on lands that are subject to the Use Limitation
Area Overlay is prohibited unless a permit or other form of authorization from the
Lakehead Region Conservation Authority is issued.
2.
For the purposes of (1), development that may require a permit shall include:
a. The construction, reconstruction, erection or placing of a building or
structure of any kind;
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b. Any change to a building or structure that would have the effect of altering
the use or potential use of the building or structure, increasing the size of the
building or structure, or increasing the number of dwelling units in the
building or structure;
c. Site grading;
d. The temporary or permanent placing, dumping or removal of any material
originating on the site or elsewhere; or,
e. The straightening, changing, diverting or interfering of an existing channel of
a river, creek, stream, or watercourse, or for changing or interfering in any
way with a wetland.
4.20 Parking Requirements
4.20.1 Parking Requirements
1.
Off-road parking shall be provided and maintained for every use listed in Table 4.1
which is erected, altered, or enlarged after the passing of this By-law.
2.
When the parking provided for a building or structure, other than a single-
detached dwelling, does not comply with the requirements of Table 4.1 on the
date of passing of this By-law, no addition may be built and no change of use may
occur, unless the parking requirements are met for the entire use.
Table 4.1: Minimum parking requirements
TYPE OF USE
MINIMUM PARKING REQUIRED
Residential Dwelling Unit
2 parking spaces per dwelling unit
Home Industry or Home Occupation
1 parking space per use, in addition
to parking requirements for
residential use
Bed and Breakfast
1 parking space per guest room, in
addition to parking requirements for
the residential use
Hotel / Motel
1 parking space per guest room, plus
1 additional parking space for every
four (4) persons seating capacity in
any refreshment room, restaurant,
dining room, or place of assembly
that forms part of the Hotel
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TYPE OF USE
MINIMUM PARKING REQUIRED
Residential Care Facility
1 parking space for every two (2)
beds provided in the residential care
facility
Automotive Service Station
1 parking space for every three (3)
vehicles that can be serviced at the
site at any given time
Equipment Repair Establishment
1 parking space for every 20 m2 of
floor area
Industrial Use
1 parking space for every 75 m2 of
floor area for the main building, plus
1 additional parking space for every
30 m2 of accessory office and/or
retail floor area
Community Centre, Place of
Assembly, Place of Worship,
Restaurant, Taverns
1 parking space for every 4 persons
seating capacity
Office, Medical Clinic
1 parking space for every 30 m2 of
floor area
Recreational Facility
1 parking space for every 4 patrons
that can be accommodated
Bulk Retail Outlet
1 parking space for every 90 m2 of
floor area
Retail Store
1 parking space for every 20 m2 of
floor area
School
1 parking space for each teaching
staff member, plus 1 additional
parking space for each 20.0 square
metres of auditorium space
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TYPE OF USE
MINIMUM PARKING REQUIRED
Stables
1 parking space for every 5 horses
accommodated at the premises
Storage Facility
1 parking space for every individual
storage unit available to the public
Warehouse
1 parking space for every 90 m2 of
floor area, plus 1 additional parking
space for every 30 m2 of accessory
office and/or retail floor area
Other Uses
1 parking space for every 30 m2 of
floor area
4.20.2 Parking Dimensions and Access
1.
Each parking space and driveway connecting the parking area with a road shall
be maintained with a stable surface.
2.
Every parking space shall be:
a. a minimum of:
i.
3.0 metres width; and
ii.
6.0 metres length; and
b. have an area of at least 18 m2.
3.
Access shall be provided by means of unobstructed driveways and aisles with a
minimum of:
a. 7 metres in width for institutional, commercial, mineral aggregate and
industrial uses; and
b. 3 metres in width for all other uses.
4.20.3 Loading Spaces
1.
No person shall erect or use any building or structure in any commercial or
industrial zone which involves the movement of goods, merchandise, or
materials unless loading spaces are provided and maintained on the site.
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2.
Loading spaces shall be provided at a rate of 1 loading space for every 278.0
square metres, or fraction thereof, of total floor area.
3.
Loading spaces shall be a minimum of:
a. 3.0 metres wide; and
b. 7.5 metres long.
4.
Loading spaces shall have a minimum of 4.5 metres of vertical clearance.
5.
A loading space shall be accessed by adequate driveway space to permit the safe
manoeuvring, loading, and unloading of vehicles on the lot, such that they do not
cause an obstruction or a hazardous condition on adjacent road or sidewalks.
4.21 Permitted Yard Encroachments and Obstructions
1.
No part of any required yard shall be obstructed by a building or structure,
except for:
a. sills, bay windows, chimneys, cornices, eaves, gutters, parapets and similar
architectural features projecting a maximum of 0.5 metres into a required
side yard;
b. functional and ornamental structures including: drop awnings, flag poles,
clothes poles, ornamental foundations, statues, monuments, planters,
garden trellises, fences, boundary and retaining walls, hedgerows and signs;
c. uncovered terraces, stoops, sun decks, and exterior steps, where no walls are
included and which project a maximum of 2 metres into a required yard; and,
d. open balconies projecting a maximum of 1.5 metres into a required yard.
2.
No encroachment may create a hazard by obstructing the line of vision for
motorists entering or exiting a property.
4.22 Public Uses
1.
The provisions of this By-law shall not apply to any use of land or to the erection or
use of any building or structure for the purpose of public service by the
Government of Canada, Province of Ontario, Corporation of the Municipality of
Gillies, Hydro One, Ontario Power Generation Inc., Tbaytel, utility companies, or by
any local Board thereof as defined by the Municipal Act, or as revised or amended
from time to time.
2.
Nothing in this By-law shall prevent land to be used as a public road or prevent the
installation of a water main, sanitary sewer main, storm sewer main, gas main,
pipe line, electric power generating facility, overhead or underground hydro,
telephone or other supply and/or communication line.
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4.23 Signs
1.
Unless otherwise stated in this By-law, signs shall be permitted only in accordance
with the Signs By-law(s) of the Municipality.
4.24 Temporary Buildings or Structures During Construction
1.
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure, scaffold or other equipment essential to
construction works for which a building permit has been granted, but only until
such time as the work has been finished or abandoned or such equipment is no
longer required.
2.
Temporary accommodation for a business which is intended to occupy a building
or structure which is under construction may be temporarily permitted on the
same lot in the form of a mobile, relocatable, portable or transportable building
or structure provided:
a. A Building Permit is obtained from the Township; and,
b. Such temporary accommodation is removed from the lot immediately upon
completion of construction or abandonment of construction.
4.25 Wayside Pits and Wayside Quarries
1.
A wayside pit or a wayside quarry, and buildings or structures accessory to them
on the same lot, are permitted in every zone, except the Environmental Protection
Zone and Use Limitation Overlay Area, as demonstrated on Zoning Maps "A" and
"B".
4.26 Yard Requirements for New Wells
1.
Despite any other provisions of this By-law, the required front, required side and
required rear yards for any new well shall be 30 metres.
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5 Zones and Zoning Maps
5.1 Establishment of Zones
For the purposes of this By-law, the maps hereto annexed as Zoning Maps "A" and "B" shall
be referred to as the "Zoning Maps of the Township of Gillies" and the said zoning maps shall
be divided into the following zones:
Zone
Symbol
Rural Zone
RU
Village Residential Zone
VR
Commercial Zone
C
Industrial Zone
I
Extractive Industrial Zone
E
Disposal Industrial Zone
D
Institutional Zone
INS
Open Space Zone
OS
5.2 Use of Zone Symbols
1.
The symbols listed in Section 5.1 shall be used to refer to land, buildings, and
structures and the uses thereof permitted by this By-law in the said zones.
2.
Wherever in this By-law the word "Zone" is used, preceded by any of the said
symbols, such zones shall mean any area within the Township of Gillies delineated
on the zoning maps and designated therein by the said symbol.
3.
Lands shall be subject to all regulations of the applicable zone, except as otherwise
provided by the special provisions.
5.3 Interpretation of Zone Boundaries
1.
A zone boundary indicated as following a highway, street, private road or lane shall
follow the centre line of such highway, street, private road or lane.
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2.
A zone boundary indicated as following a waterbody or the right-of-way of a
railway or an electrical, gas or oil transmission line shall follow the centre line of
such waterbody or right-of-way.
3.
A zone boundary indicated as following the high-water mark shall follow such high-
water mark, and in the event of a change in the high-water mark, the boundary
shall be construed as moving with the actual high-water mark.
4.
A zone boundary indicated as approximately following lot lines shown on a
Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow
such lot lines.
5.
Where a zone boundary is indicated as approximately parallel to a street line or
other feature and the distance from such street line or other feature is not
indicated, and clause (4) above is not applicable, such boundary shall be construed
as being parallel to such street line or other feature, and the distance shall be
determined according to the scale shown on the appropriate Zoning Map.
6.
A boundary indicated as following the limits of the Township of Gillies shall follow
such limits.
7.
Where a dedicated street, lane or right-of-way shown on any Zoning Map forming
part of this By-law is closed, the property formerly in such street, lane or right-of-
way shall be included within the zone of the adjoining property on either side of
such closed street, lane or right-of-way.
8.
Where a closed street, lane or right-of-way is the boundary between two or more
different zones, the new zone boundaries shall be the former centre line of the
closed street, lane or right-of-way.
9.
Where any zone boundary or a dimension is left uncertain after the application of
the provisions of this section, then the boundary or dimension shall be determined
from the Zoning Map using the scale bar thereon.
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59
6 Rural Zone (RU)
6.1 General
1.
No person shall within any Rural Zone (RU) use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the provisions of
this section.
6.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the
RU Zone for any purpose except for the following:
a. Agricultural use
b. Agriculture-related use
c. Campground
d. Cemetery
e. Community garden
f. Conservation use
g. Day care
h. Dwelling - Seasonal
i. Dwelling - Single-Detached
j. Dwelling Unit
k. Farmer's market
l. Forestry uses
m. Greenhouse
n. Kennel
o. On-farm diversified uses
p. Orchard
q. Park
r. Recreational use
s. Stable
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6.3 Zone Provisions
PROVISION
REQUIREMENT
Minimum Lot Area
2 hectares (2 ha)
Maximum Lot Coverage
25%
Minimum Lot Frontage
20 metres (20 m)
Minimum Front Yard Setback
15.0 metres (15 m)
Minimum Side Yard Setback
15.0 metres (15 m)
Minimum Rear Yard Setback
15.0 metres (15 m)
Maximum Building Height
11.0 metres (11 m)
6.4 RU Subzones
6.4.1
Rural Recreation Subzone (RU-RR)
1.
In the RU-RR subzone, the following provisions apply:
a. No person shall use the lot or erect, alter or use any building or structure for
any purpose except for a Remote Cottage;
b. The minimum lot area is 8 hectares;
c. The minimum setback from any building or structure to a watercourse is 30
metres;
d. The minimum setback from any building or structure to an abutting property
is 10 metres; and,
e. The maximum floor area of a Remote Cottage is 65 square metres.
6.5 RU Exceptions
6.5.1
RU-X1
1.
Despite Section 6.2 of this By-law, for the lands legally described as Lot A,
Concession 2, Part 2 on 55R550, MR91, Township of Gillies, a Communication
Tower (with pad) and an Accessory Building is permitted as an additional
Permitted Use.
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6.5.2
RU-X2
2.
Despite Section 6.3 of this By-law, for the lands legally described as Lot A,
Concession 2, Part 2 on 55R550, MR91, Township of Gillies:,
a. minimum front yard setback: 10 metres; and
b. minimum rear yard setback: 10 metres.
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7 Village Residential Zone (VR)
7.1 General
1.
No person shall within any Village Residential Zone (VR) use any lot or erect, alter
or use any building or structure for any purpose except in accordance with the
provisions of this section.
7.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the
VR Zone for any purpose except for the following:
a. Conservation uses
b. Day care
c. Dwelling - Apartment
d. Dwelling - Duplex
e. Dwelling - Row
f. Dwelling - Semi-Detached
g. Dwelling - Single-Detached
h. Dwelling Unit
i. Farmer's market
j. Park
k. Recreational use
7.3 Zone Provisions
PROVISION
REQUIREMENT
Minimum Lot Area
0.4 hectares (0.4 ha)
Minimum Lot Frontage
10 metres (10 m)
Minimum Front Yard Setback
10.0 metres (10 m)
Minimum Side Yard Setback
10.0 metres (10 m)
Minimum Rear Yard Setback
10.0 metres (10 m)
Maximum Building Height
11.0 metres (11 m)
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7.4 Limited Agricultural Uses
1.
Where a lot is located in a VR Zone and has a minimum lot area of 0.4 hectares:
a. A Dwelling may include the keeping of livestock as an accessory use, limited
to:
i.
Sheep;
ii.
Goats;
iii. Donkeys;
iv. Mules;
v.
Horses;
vi. Ponies;
vii. Pigs;
viii. Rabbits;
ix. Poultry; and
x.
Bees.
b. An accessory use that involves the keeping of donkeys, mules, horses, and
ponies under provision (a) above shall provide a minimum of 0.4 hectares of
clear pasture or exercise space for each species of livestock kept on the lot.
2.
Notwithstanding the provisions of 7.3, the minimum setback of a permitted
livestock operation to a lot line shall be 15 metres.
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8 Commercial Zone (C)
8.1 General
1.
No person shall within any Commercial Zone (C) use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
provisions of this section.
8.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the
C Zone for any purpose except for the following:
a.
Animal hospital / shelter
b.
Artisan shop or studio
c.
Assembly hall
d.
Bakery
e.
Bank
f.
Billiard and/or pool room
g.
Bowling alley
h.
Clinic
i.
Commercial greenhouse, nursery, or garden centre
j.
Community centre
k.
Community garden
l.
Conservation use
m.
Convenience store
n.
Craft shop
o.
Farmer's market
p.
Gas bar
q.
Hotel
r.
Motel
s.
Office
t.
Park
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65
u.
Personal service establishment / shop
v.
Place of assembly
w.
Recreational use
x.
Recreational facilities
y.
Restaurant
z.
Retail store
aa. Self-storage facility
bb. Service outlet or shop
cc. Studio
dd. Taxi service establishment
ee. Theatre
8.3 Zone Provisions
PROVISION
REQUIREMENT
Minimum Lot Area
2.0 hectares (2.0 ha)
Minimum Lot Frontage
20 metres (20 m)
Minimum Front Yard Setback
15.0 metres (15 m)
Minimum Side Yard Setback
15.0 metres (15 m)
Minimum Rear Yard Setback
15.0 metres (15 m)
Maximum Building Height
11.0 metres (11 m)
Maximum Lot Coverage
40%
Minimum Distance Between Main Buildings
6.0 metres (6 m)
8.4 Exceptions
8.4.1
C-X1
1.
Despite Section 8.3 of this By-law, for the lands legally described as Lot A,
Concession 2, Part 2 on 55R550, MR91, Township of Gillies, the following
provisions shall apply:
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66
a.
The minimum lot area shall be 0.6 hectares (0.6 ha);
b.
the minimum lot frontage shall be seventy five metres (75 m); and,
c.
the minimum lot depth shall be eighty one metres (81 m).
8.4.2
C-X2
1.
Despite Section 8.2 of this By-law, for the lands legally described as Lot A,
Concession 2, Part 2 on 55R550, MR91, Township of Gillies, a Storage Facility
and Vehicle Storage Yard are additional permitted uses. All other provisions for
the C Zone and all other applicable provisions of this By-law apply.
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9 Industrial Zone (I)
9.1 General
1.
No person shall within any Industrial Zone (I) use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the provisions of
this section.
9.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the I
Zone for any purpose except for the following:
a.
Auction establishment / hall
b.
Auto body shop
c.
Automotive dealership / sales establishment
d.
Automotive service station
e.
Bulk fuel depot
f.
Bulk retail outlet
g.
Bulk storage yard
h.
Car wash
i.
Equipment sales, service, rental and repair establishment
j.
Equipment and vehicle storage yard
k.
Forestry use
l.
Gas bar
m.
Salvage yard
n.
Self-storage facility
o.
Service outlet or shop
p.
Transportation depot
q.
Truck terminal
r.
Warehouse
s.
Welding shop
t.
Workshop
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9.3 Zone Provisions
PROVISION
REQUIREMENT
Minimum Lot Area
2.0 hectares (2.0 ha)
Minimum Lot Frontage
100 metres (100 m)
Minimum Front Yard Setback
20.0 metres (20 m)
Minimum Side Yard Setback
20.0 metres (20 m)
Minimum Rear Yard Setback
15.0 metres (15 m)
Maximum Building Height
11.0 metres (11 m)
Maximum Lot Coverage
30%
Minimum Distance Between Main Buildings
6.0 metres (6 m)
9.4 Separation Between Other Zones
1.
Where an I Zone abuts any other Commercial or Industrial Zone, the minimum
required side yard setback is 15 metres.
2.
Where an I Zone abuts a Residential or Open Space Zone, the minimum required
side yard is 25 metres.
9.5 Extractive Industrial Subzone (I-E)
1.
In the I-E Subzone, the following uses are permitted:
a. Quarry;
b. Stockpiling of sand, clay, gravel, earth, stone, shale, peat and/or amethyst;
c. Processing accessory to the above, including: screening, sorting, washing
and/or crushing
2.
In the I-E Subzone, despite the provisions of Section 9.3 and Section 9.4, the
following provisions apply:
a. No excavation, building, equipment or stockpile shall be located within 120
metres of a building used for residential, recreational, institutional or
commercial purposes.
b. No excavation, building, equipment or stockpile shall be located within 45
metres of a building used for industrial purposes not associated with the
operation of the quarry.
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c. No excavation, building, equipment or stockpile shall be located within 15
metres of a public road, a private road, or land owned by the Corporation
which is an unopened road or lane.
d. No excavation, building, equipment or stockpile shall be located within 30
metres of any abutting property, except an abutting property which is also
zoned "I-E"; and,
e. No excavation, building, equipment or stockpile shall be located within 30
metres of any adjacent property.
9.6 Disposal Industrial Subzone (I-D)
1.
In the I-D Subzone, the following uses are permitted:
a.
Waste Disposal Site
2.
In the I-D Subzone, despite the provisions of Section 9.3 and Section 9.4, the
following provisions apply:
a.
No waste disposal site shall be located within 500 metres of a property used
for residential, recreational, institutional or commercial purposes.
b.
No disposal site shall be located within 50 metres of any public road or land
owned by a government authority constituting an unopened road or lane.
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10 Institutional Zone (INS)
10.1 General
1.
No person shall within any Institutional Zone (INS) use any lot or erect, alter or
use any building or structure for any purpose except in accordance with the
provisions of this section.
10.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the
INS Zone for any purpose except for the following:
a.
Ambulance facility
b.
Assembly hall
c.
Clinic
d.
Cemetery
e.
Conservation use
f.
Emergency service facility
g.
Funeral home
h.
Hospital
i.
Institutional use
j.
Museum
k.
Office
l.
Park
m.
Place of worship
n.
Post office
o.
Recreational use
p.
Recreational facilities
q.
School
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10.3 Zone Provisions
PROVISION
REQUIREMENT
Minimum Lot Area
2.0 hectares (2.0 ha)
Minimum Lot Frontage
20 metres (20 m)
Minimum Front Yard Setback
15.0 metres (15 m)
Minimum Side Yard Setback
15.0 metres (15 m)
Minimum Rear Yard Setback
15.0 metres (15 m)
Maximum Building Height
11.0 metres (11 m)
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11 Open Space Zone (OS)
11.1 General
1.
No person shall within any Open Space Zone (OS) use any lot or erect, alter or
use any building or structure for any purpose except in accordance with the
provisions of this section.
11.2 Permitted Uses
1.
No person shall use any lot or erect, alter, or use any building or structure in the
OS Zone for any purpose except for the following:
a.
Conservation Use
b.
Park
c.
Recreational Use
d.
Recreational Facilities
11.3 Zone Provisions
1.
No building or structure in an OS Zone is permitted to be located within 30
metres from the lot line of any abutting property, and from any public or private
road, or land owned by the Corporation which is an unopened road or lane.
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12 Enforcement
12.1 Enforcement
1.
This By-law may be enforced by any Municipal Law Enforcement Officer.
12.2 Offences Relating to Use
1.
No person shall use any land, building or structure within a zone for a use that is
not permitted within that zone.
12.3 Offences Relating to Change of Use
1.
No person shall change the use on any land or within any building or structure
without first obtaining a certificate of occupancy from the Chief Building Official
authorizing the change in use.
12.4 Offences Relating to Regulations
1.
No person shall undertake a permitted use on any land within any zone where
the use or the locations of buildings or structures on the land contravene the
regulations applicable to the zone within which the land exists.
12.5 Offences Relating to Interference
1.
No person shall interfere with a Municipal Law Enforcement Officer who is
lawfully conducting an investigation into an allegation that the provisions of this
By-law are being contravened.
12.6 Penalty Provisions
1.
Any person convicted of an offence under this By-law is subject to the penalties
prescribed in Section 67 of the Planning Act.
12.7 Removal of Contravening Building/Structure
1.
Any building or structure which contravenes any requirement of this By-law may
be removed or altered by the Corporation at the expense of the owner pursuant
to the provisions of the Municipal Act, 2001.
12.8 Other Remedies
1.
Where any building or structure is erected, used, altered, reconstructed or
extended, or any lot is used, in contravention of any requirements of this By-law,
that contravention may be restrained by proceedings of the Corporation
pursuant to the relevant provisions of the Planning Act or The Municipal Act,
2001 or the Building Code Act, 1992.
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Zoning Maps
Map A: Township of Gillies Zoning Map (Entire Township)
Map A: Township of Gillies Zoning Map (Hymers)
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