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Municipality of Grey Highlands
Amalgamated former Townships of Artemesia, Euphrasia, Osprey, and the Village of Markdale
Comprehensive Zoning By-law
2004-50
(Office Consolidation)
(October 24, 2005 through January 1, 2022)
Prepared by
The Jones Consulting Group Ltd.
Adopted by Council October 24, 2005
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
1
Municipality of Grey Highlands
By-law No. 2004 - 50 (Office Consolidation)
NOTE: This document is an Office Consolidation of all approved amendments to By-law 2004-50
between October 24, 2005 and January 1, 2022. Any subsequent amendments approved since this
date are not included in this document. While the Planning Department attempts to deliver the
most accurate information regarding the Zoning by-law, the reader is advised that this
publication is susceptible to amendments and may not be fully updated. In situations where legal
accuracy is important, the By-law itself and any amending by-laws thereto must be consulted.
Readers are directed to refer to the original Site Specific Zoning By-law Amendment(s).
Being a By-law to prohibit the use of land and the erecting, locating or using of buildings or structures for or
except for such purposes as may be set out in this By-law, and including lands that are subject to flooding or
on land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to
natural or artificial perils, that is contaminated, that is a sensitive ground water recharge area or head-water area
or on land that contains a sensitive aquifer, or that is a significant wildlife habitat, wetland, woodland, ravine,
valley or area of natural and scientific interest (ANSI), that is a significant corridor or shoreline of a lake, river
or stream, or that is a natural corridor; and for regulating the type of construction and the height, bulk, location,
size, floor area, spacing, character and use of buildings or structures, and to define and regulate the minimum
frontage, depth, and area on the parcel of land and the density of development, and the proportion of the area
thereof that any building or structure may occupy; and to require owners or occupants of buildings to provide
and maintain loading and parking facilities, and to prohibit the use of land, buildings or structures unless such
municipal services as may be set out in this By-law are available to service the lands, buildings and structures,
as the case may be.
WHEREAS the Council of the Corporation of the Municipality of Grey Highlands deems it in the public
interest to prohibit and regulate the use of land, buildings and structures.
AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended,
By-laws may be enacted and amended by Councils of Municipalities;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
GREY HIGHLANDS ENACTS AS FOLLOWS:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
2
TABLE OF CONTENTS
SECTION 1:
INTRODUCTION ......................................................................................................................... 5
1.1
TITLE ........................................................................................................................................................................... 5
1.2
COMPONENTS ........................................................................................................................................................... 5
1.3
APPLICATION ............................................................................................................................................................ 5
1.3
SCOPE .......................................................................................................................................................................... 5
1.4
REPEAL OF EXISTING BY-LAWS .......................................................................................................................... 5
1.5
VALIDITY ................................................................................................................................................................... 5
1.6
EFFECTIVE DATE ..................................................................................................................................................... 5
1.7
COMPONENTS OF THE BY-LAW ........................................................................................................................... 5
SECTION 2:
ADMINISTRATION AND INTERPRETATION...................................................................... 6
2.1
RESPONSIBILITY ...................................................................................................................................................... 6
2.2
INSPECTION OF PROPERTY AND PREMISES ...................................................................................................... 6
2.3
LICENCES AND PERMITS ........................................................................................................................................ 6
2.4
VIOLATIONS, PENALTIES, AND REMEDIES ...................................................................................................... 6
2.5
APPLICATION FOR PERMITS ................................................................................................................................. 7
2.6
RELATIONSHIP WITH OTHER BY-LAWS ............................................................................................................ 8
2.7
GENERAL INTERPRETATION AND APPLICATION ............................................................................................ 8
2.8
CONVERSION TABLE............................................................................................................................................... 8
SECTION 3:
DEFINITIONS .............................................................................................................................. 9
SECTION 4:
ESTABLISHMENT OF ZONES ............................................................................................... 40
4.1
INCORPORATION OF ZONING MAPS ................................................................................................................ 40
4.2
ZONE BOUNDARIES .............................................................................................................................................. 40
4.3
ZONES ...................................................................................................................................................................... 40
4.4
USE OF ZONE SYMBOLS ...................................................................................................................................... 41
4.5
APPLICATION OF ZONES ..................................................................................................................................... 41
4.6
DISCREPANCIES..................................................................................................................................................... 41
4.7
EXCEPTIONS TO ZONES ....................................................................................................................................... 41
SECTION 5:
GENERAL PROVISIONS ......................................................................................................... 42
5.1
APPLICATION OF BY-LAW .................................................................................................................................. 42
5.2
LOT DEVELOPMENT REQUIREMENTS ............................................................................................................. 42
5.3
NON-COMPLYING LOTS, BUILDINGS & STRUCTURES .............................................................................. 43
5.4
NON-CONFORMING USES, BUILDINGS AND STRUCTURES ...................................................................... 44
5.5
SETBACK REQUIREMENTS ................................................................................................................................. 45
5.6
ACCESSORY USES ................................................................................................................................................. 51
5.7
SWIMMING POOLS ................................................................................................................................................ 52
5.8
YARD ENCROACHMENTS PERMITTED ............................................................................................................ 52
5.9
DWELLING UNITS ................................................................................................................................................. 53
5.10
HEIGHT RESTRICTIONS ....................................................................................................................................... 53
5.11
HOME OCCUPATIONS .......................................................................................................................................... 53
5.12
HOME INDUSTRY .................................................................................................................................................. 54
5.13
SMALL-SCALE COMMERCIAL & INDUSTRIAL.............................................................................................. 55
5.14
PARKING AND LOADING SPACE STANDARDS .............................................................................................. 55
5.15
OUTDOOR STORAGE ............................................................................................................................................ 59
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
3
5.16
OUTSIDE DISPLAY AND SALE OF GOODS AND MATERIALS .................................................................... 59
5.17
PERMITTED USES IN ALL ZONES ..................................................................................................................... 60
5.18
PROHIBITED USES IN ALL ZONES ..................................................................................................................... 60
5.19
PITS AND QUARRIES ............................................................................................................................................ 61
5.20
LANDSCAPING STRIP ........................................................................................................................................... 61
5.21
RESIDENTIAL USE RESTRICTIONS ................................................................................................................... 61
5.22
SIGHT TRIANGLES ................................................................................................................................................ 61
5.23
SIGNS ........................................................................................................................................................................ 62
5.24
STORAGE OF SPECIAL VEHICLES ..................................................................................................................... 62
5.25
STORAGE OF UNLICENSED VEHICLES, TRAILERS AND COMMERCIAL VEHICLES............................. 62
5.26
RENEWABLE ENERGY SYSTEMS ...................................................................................................................... 62
5.27
MINIMUM DISTANCE SEPARATION (MDS) .................................................................................. 67
SECTION 6:
AGRICULTURE & RURAL ZONES ....................................................................................... 77
6.1
AGRICULTURE (A1) ZONE ................................................................................................................................. 77
6.2
RESTRICTED AGRICULTURE (A2) ZONE ........................................................................................................ 79
6.3
RURAL (RU) ZONE ............................................................................................................................................... 80
SECTION 7:
RESIDENTIAL ZONES ............................................................................................................. 81
7.1
RESIDENTIAL (R) ZONE ...................................................................................................................................... 81
7.2
RESIDENTIAL MULTIPLE (RM) ZONE ............................................................................................................. 82
7.3
RURAL RESIDENTIAL (RUR) ZONE ................................................................................................................. 84
7.4
RESIDENTIAL SHORELINE (RS) ZONE ............................................................................................................ 85
SECTION 8:
COMMERCIAL ZONES ........................................................................................................... 88
8.1
DOWNTOWN COMMERCIAL (C1) ZONE ......................................................................................................... 88
8.2
HIGHWAY AND SERVICE COMMERCIAL (C2) ZONE ................................................................................... 89
8.3
NEIGHBOURHOOD AND CONVENIENCE COMMERCIAL (C3) ZONE........................................................ 91
8.4
RURAL COMMERCIAL (C4) ZONE .................................................................................................................... 92
SECTION 9:
INDUSTRIAL ZONES ............................................................................................................... 93
9.1
LIGHT INDUSTRIAL (M1) ZONE ........................................................................................................................ 93
9.2
HEAVY INDUSTRIAL (M2) ZONE ...................................................................................................................... 95
9.3
EXTRACTIVE INDUSTRIAL (MEX) ZONE ....................................................................................................... 96
SECTION 10:
INSTITUTIONAL ZONE .......................................................................................................... 97
SECTION 11:
DEVELOPMENT & NO DEVELOPMENT ZONES. ............................................................. 98
11.1
DEVELOPMENT (D) ZONE .................................................................................................................................. 98
11.2
NO DEVELOPMENT (ND) ZONE ........................................................................................................................ 99
SECTION 12:
HAZARD AND WETLAND ZONES ...................................................................................... 100
12.1
HAZARD (H) ZONE ............................................................................................................................................ 100
12.2
WETLAND (W) ZONE ......................................................................................................................................... 102
SECTION 13:
OPEN SPACE ZONE ............................................................................................................... 103
SECTION 14:
RECREATIONAL RESORT ZONE ...................................................................................... 104
SECTION 15:
ZONE STANDARDS SUMMARY .......................................................................................... 105
SECTION 16:
EXCEPTIONS ........................................................................................................................... 107
SECTION 17:
ENACTMENT ........................................................................................................................... 143
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
4
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
5
Section 1: Introduction
1.1
Title
This By-law shall be cited as the "Municipality of Grey Highlands Comprehensive Zoning By-law".
1.2
Components
This By-law consists of all textual components and schedules contained herein.
1.3
Application
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the
Municipality of Grey Highlands, save and except for those lands under the Development Control
Regulations of the Niagara Escarpment Commission.
1.3
Scope
No lands shall be used and no buildings or structures shall be erected, altered, enlarged or used within
the Municipality except in conformity with the provisions of this By-law. Uses not listed as permitted
or otherwise provided for in this By-law shall be prohibited.
1.4
Repeal of Existing By-laws
From the date of the coming into force of this By-law, all previous By-laws passed under Section 34
of the Planning, R.S.O. 1990, or predecessor thereof, shall be deemed to have been repealed. More
specifically, By-law 10-1978 of the former Township of Osprey, By-law 50-1981 of the former
Township of Artemesia, By-law 400-83 of the former Village of Flesherton, By-law 45-1990 of the
former Township of Euphrasia, and By-law 96-8 of the former Village of Markdale, and all
amendments thereto, are hereby repealed insofar as they affect the lands covered by this By-law.
1.5
Validity
Every provision of this By-law is declared to be severable from the remainder of this By-law and, if
any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such
declaration shall not affect the validity, effectiveness, or enforceability of the remainder thereof.
1.6
Effective Date
This By-law shall come into force and take effect on the day it is passed by Council subject to any
approval necessary pursuant to The Planning Act, R.S.O., 1990, as amended from time to time.
1.7
Components of the By-law
Section 1:
Introduction
Section 2:
Administration and Interpretation
Section 3:
Definitions
Section 4:
Establishment of Zones
Section 5:
General Provisions
Section 6 - 14: Zones
Section 15:
Zone Standards Summary
Section 16:
Exceptions
Section 17: Enactment
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
6
Section 2: Administration and Interpretation
2.1
Responsibility
The responsibility of administering this By-law shall be vested in the By-law Enforcement Officer for
the Municipality of Grey Highlands or such other administrative official of the Municipality, as Council
shall designate from time to time.
2.2
Inspection of Property and Premises
The By-law Enforcement Officer or any designated employee of the Municipality of Grey Highlands
acting under his direction may, at any reasonable hour and upon producing property identification,
enter and inspect any property but shall not enter any building or structure used as a dwelling unit
without:
i)
the consent of the occupier, or
ii)
the authority of a Search Warrant issued pursuant to the provisions of Section 142 of the
Provincial Offenses Act, R.S.O. 1990, as amended.
2.3
Licences and Permits
i)
In addition to fulfilling the requirements of this By-law, no person shall commence to erect,
alter or repair any building or structure without first a building permit from the Municipality,
where necessary.
ii)
No municipal permit or license shall be issued where said permit is required for a proposed
use of land or the proposed erection, alteration, enlargement, or use of any building or
structure that is in violation of any provision of this By-law.
iii)
In all zones, any building or structure which is moved from one location to another, whether
within the zone or from one zone to another, or from any location beyond the boundary of
the Municipality, into any zone, shall be considered as being a new building or structure and
shall comply with the provisions of this By-law.
2.4
Violations, Penalties, and Remedies
i)
Pursuant to the provisions of Section 67 of The Planning Act, R.S.O., 1990, as amended from
time to time, any person who breaches any provision of this By-law is guilty of an offence and,
on conviction, is liable:
a)
On a first conviction to a fine of not more than $25,000.00; and
b)
On a subsequent conviction, to a fine of not more than $10,000.00 for each day, or
part thereof, upon which the contravention has continued after the day on which he
was convicted.
ii)
Where a Corporation breaches any provision of this By-law and is found guilty of an offence
on conviction is liable:
a)
On a first conviction, a fine of not more than $50,000.00; and
b)
On a subsequent conviction, a fine of not more than $25,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
7
Where a conviction is entered, in addition to any other remedy or any penalty provided by
law, the court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person and/or Corporation convicted.
2.5
Application for Permits
i)
Every application for a permit to use lands, or to erect, alter, enlarge, or use any buildings or
structures shall be accompanied by plans drawn to scale, showing:
a)
the actual shape and dimensions of the lot to be used or upon which it is proposed to
erect, alter enlarge, or use buildings or structures;
b)
the proposed location, height, and dimensions of the buildings or structures in respect
of which the permit is applied for;
c)
the location of every building or structure already erected on or partly on such lots;
d)
the location of proposed parking spaces, loading spaces, driveways and landscaping
areas;
e)
the location of any landscaping, curbing drainage, retaining walls and other physical
additions to the site; and
f)
such other information as the Chief Building Official or the By-law Enforcement
Officer considers necessary to determine whether every such building, structure, or
work conforms with the requirements of this By-law.
ii)
The application shall be accompanied by a statement by the owner or his duly authorized agent
specifying the use to which the lands are intended or the use to which the buildings or
structures to be erected, altered or enlarged are intended to determine if such use conforms
with the requirements of this By-law.
iii)
The lot and the location of every building or structure to be erected thereon is to be staked
out on the grounds before construction is commended.
iv)
The lack of a survey, or a mistake or an error or omission by any person required to comply
with the provisions of this By-law does not relieve that person from liability for failure to
comply with the provisions of this By-law.
v)
The Chief Building Official or the By-law Enforcement Officer may require that any plans
accompanying an application be prepared by an Ontario Land Surveyor, Professional
Engineer, or Architect where, in their opinion, such plans are necessary to determine the exact
extent to which a variance or amendment is required.
2.6
Relationship with Other By-laws
Nothing in this By-law shall operate to relieve any person from the requirements of the Building Code
or any By-law or requirements of the Municipality in force from time to time, or the obligation to
obtain any license, permit, authority, or approval required under any By-law or law of the Municipality
or other government authority. Any use established in violation of a predecessor of this By-law will be
deemed to have been established unlawfully.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
8
2.7
General Interpretation and Application
i)
In their interpretation and application, the provisions of this By-law shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, convenience,
or general welfare. Whenever the requirements of this By-law are at variance with the
requirements of any other By-law, the most restrictive, or the By-law imposing the higher
standards shall govern and apply. Nothing in this By-law shall be construed to exempt any
person from complying with the requirements of any By-law of the Municipality or the
Corporation of the County of Grey or from any law of the Province of Ontario or of Canada,
or any regulations under the provisions of the Conservation Authorities Act, R.S.O. 1990, as
amended from time to time.
ii)
In this By-law the word "shall" is mandatory and directory; words used in the present tense
include the future; words in the singular include the plural and words in the plural include the
singular. Words imparting the masculine gender shall include the feminine and the converse.
iii)
In the event that an obvious grammatical or graphical error has been made in the preparation
of this By-law, the Administrator of this By-law may interpret the intent of this By-law in a
reasonable manner without amendment to this By-law.
2.8
Conversion Table
Metric units of measurement identify length, distance and area within this By-law. To assist in the
review of this By-law, the following conversion factors are provided:
-
To convert inches to centimetres, multiply by 2.54
-
To convert centimetres to inches, multiply by 0.39
-
To convert feet to metres, multiply by 0.3
-
To convert metres to feet, multiply by 3.28
-
To convert square feet to square metres, multiply by 0.093
-
To convert square metres to square feet, multiply by 10.764
-
To convert yards to metres, multiply by 0.91
-
To convert metres to yards, multiply by 1.09
-
To convert miles to kilometers, multiply by 1.61
-
To convert kilometers to miles, multiply by 0.62
-
To convert acres to hectares, multiply by 0.4
-
To convert hectares to acres, multiply by 2.47
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
9
Section 3: Definitions
For the purposes of this By-law, the definitions and interpretations given in this Section shall govern.
Abattoir
Shall mean a building or structure designed for the slaughter and semi-processing of live animals, which may
include the packing, treating, storing, and sale of the product on the premise.
Accessory Apartment
Shall mean a dwelling that is permitted on a lot in addition to the principal dwelling in line with the provisions
specified in section 5.28 of the Zoning By-law.
Accessory Building or Structure
Shall mean a detached building or structure that is not used for human habitation, the use of which is naturally
and normally incidental to, subordinate to and exclusively devoted to a principal use and located on the same
lot.
Accessory Use
Shall mean a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use
and located on the same lot. Accessory uses do not include new uses of land, buildings or structures that involve
taking more than 10,000 litres per day of ground or surface water, except for agricultural uses up to 50,000 litres
per day.
Adverse Effects
Shall mean one or more of the following: impairment of the quality of the natural environment for any use that
can be made of it, injury or damage to property or plant or animal life, harm or material discomfort to a person,
an adverse effect on the health of any person, impairment of the safety of any person, rendering any property
or plant or animal life unfit for human use, loss of enjoyment of normal use of property and interference with
normal conduct of business.
Agricultural Bulk Sales Establishment
Shall mean the use of land and/or buildings or structures for the purpose of supply of goods, materials or
services that are necessary to support agricultural uses as defined in this By-law. These shall include such goods
and services as sale, processing and storage of seed, feed, fertilizer, and chemical products and animal and
poultry health and breeding services.
Agricultural Equipment Sales/Services Establishment
Shall mean a building and lot used for the display and sale of new and/or used farm equipment and may include
the servicing, repair and lubrication of farm equipment, the sale of farm equipment accessories and related
products and the leasing or renting of farm equipment.
Agricultural Produce Outlet/Roadside Stand
Shall mean the use of lands, buildings or structure or part thereof for the purpose of selling agricultural
produce grown in the agricultural community.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
10
Agricultural use
Means the use of land, buildings or structures for the purpose of animal husbandry, horticulture, dairying,
fallow, and/or forestry, and shall include field crops and pasturage, and any other farming use excluding
intensive or specialty agriculture; and includes: the growing, raising, packing, treating, storing and sale of
produce produced on the premises and other similar uses customarily carried on in the field of general
agriculture, and shall include non-commercial greenhouses, and exclude kennels.
Agricultural Operation, Intensive
Shall mean an agricultural use in which the predominant economic use of land, buildings, or structures includes
the growing of mushrooms, a commercial greenhouse, Concentrated Animal Feeding Operations (such as
poultry operations and feedlots), or large scale cash crops, or as otherwise defined in the Nutrient Management
Act SO 2002.
Intensive agricultural operations shall include any or all of the types listed below:
i.
Concentrated Animal Feeding Operations (CAFO's):
Where the number of livestock units on the farm is 100 or more and the ratio of livestock
units to tillable acres on the farm unit is 2 or greater., OR, the number of livestock units on
the farm unit is 150 or more and the ratio of livestock units to tillable acres is greater than one.
(Livestock unit equivalency is defined in Table 4, Section 5.26 of this By-law).
ii.
Large Scale Cash Crops:
Where the farm acreage exceeds 2,000 hectares
iii.
Mushroom Operations and Commercial Greenhouses
Where the area devoted to the operation (land and buildings) exceeds 6 hectares or greater
than 2 hectares of the land used for the operation is covered by buildings and structures.
Agriculture, Specialty
Shall mean the use of land buildings or structures for the purpose of specialized agricultural activities such as;
an apiary, fruit farming, market gardening, organic farming, and nursery uses.
Airport
Shall mean the use of land licensed by Transport Canada for the landing and take-off of commercial and /or
private aircraft and will include any building accessory thereto.
Alter
When used in reference to a building or part thereof, means any modification to the structural component of
a building or structure that results in a change of use or an increase or decrease in the floor area.
When used in reference to a lot, the word 'alter' means to increase or decrease the width, depth, or area of
any required yard, setback, or boundary of such lot with respect to a street or lane, whether such alteration is
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
11
made by conveyance or alienation of any portion of said lot or otherwise.
Alternative Energy System
Shall mean sources of energy or energy conversion process that significantly reduce the amount of harmful
emissions to the environment (air, earth and water) when compared to conventional systems.
Arena
Shall mean a building or structure used for indoor sporting or community activities.
Assembly Hall
Shall mean premises used for the purposes of hosting meetings for civic, educational, charity, religious or
social purposes.
Basement
Shall mean a story that has 50% or more of its height/volume above the average level of the ground
surrounding the building.
Bed & Breakfast Establishment
Shall mean sleeping accommodation for the traveling or vacationing public within a single dwelling which is
the principal residence of the proprietor, to a maximum of four guest rooms, and may include the provision of
breakfast and other meals and services, facilities or amenities for the exclusive use of the occupants. The guest
rooms shall not have kitchen facilities, nor in any other way resemble a motel or Inn, and guests should not
have access to kitchen facilities
A bed and breakfast establishment shall be permitted in any zone in which a single-family residential dwelling
is a permitted use; however, is not permitted in combination with any other type of accommodation such as
roomers and boarders and accessory apartments. In addition, bed and breakfast establishments are considered
a home occupation and governed according to the General Provisions of this By-law.
Biomass Energy System
Means a renewable electrical generation facility using renewable biomass resources and/or waste products
that produces electrical power for needs of a user or to feed into the transmission or local distribution grid.
"Biomass" means (a) peat, (b) wood, other than woodwaste, or (c) organic materials that are grown or
harvested for the purpose of being burned to generate electricity.
"Waste Biomass" means agricultural waste, sewage, woodwaste and gases generated from the decomposition
of organic materials, but does not include biogas or landfill gas.
A biomass energy system includes all components, supporting infrastructure, and outbuildings. A biomass
energy system includes anaerobic digesters used principally for the generation of electricity.
Boat House
Shall mean a detached accessory building or structure which is designed or used for the sheltering of a boat or
other forms of water transportation, and does not have a dwelling located above it. A Boat House may be
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
12
considered permanent or portable or floating in nature. To be considered portable or floating in nature, the
Boat House must be seasonal or temporary in nature, and removed prior to the winter months. Examples of
portable or floating boathouses are those structures which sit on-top of the ground or sand in the water, and
are not permanently fastened.
Boarding or Rooming House
Shall mean a dwelling in which lodging with or without meals is supplied for economic gain to three or more
persons other than the lessee, tenant, or owner of said dwelling, or any member of his/her family, but excludes
a motel, hotel, hospital or bed and breakfast establishment.
Building
Shall mean a structure, whether temporary or permanent, as defined within the Building Code, used or
intended to be used for the shelter, accommodation or enclosure of persons, goods or chattels.
Building Envelope
Shall mean the buildable area of a lot located outside a Wetland Zone, Hazard Zone or Constraint Area (See
Figure 1), defined by all required setbacks and maximum height requirements, within which a building can be
erected, as established in this By-law.
Building Official/Inspector
Means the officer or employee of the corporation charged with the duty of enforcing the provisions of the
Ontario Building Code.
Building Supply Establishment
Shall mean a building and lot for the sale and storage of building materials and equipment, and may include
the incidental assembly/fabrication for the purpose of sales and service only.
Building Setback
Shall mean the minimum horizontal distance between the front lot line and the nearest part of any building,
structure or open storage use on the lot.
Built Heritage Resources
Shall mean one or more significant buildings, structures, monuments, installations or remains associated with
architectural, cultural, social, political, economic or military history and identified as being important to a
community. These resources may be identified through designation or heritage conservation easement under
the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions.
Bulk Fuel Sales Establishment
Shall mean the use of lands or buildings for the purpose of buying and selling fuel, oil, wood, and coal, and
allied commodities but does not include any manufacturing, assembling, or processing uses.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Cabin
Shall mean a building or structure used for temporary human habitation that may or may not contain heating
facilities or sanitary facilities and shall not contain cooking facilities.
Campground
Shall mean a recreational establishment operated by a private or public organization where children or adults
are temporarily accommodated in tents, cabins, cottages, or lodges, or recreational vehicles.
Carport
Shall mean a building where at least 40% of the area of the perimeter face is open and unobstructed by any
wall, door, post, or pier. Is used for temporary parking or storage of motor vehicles (1 ton max.), and where no
servicing is carried on for profit.
Cellar
Means a storey that has more than 50% of its height or volume below the average level of the ground
surrounding the building or structure.
Cemetery
Means a cemetery within the meaning of the Cemetery Act, R.S.O. 1992.
Clinic, Medical
Shall mean building or part thereof used by qualified medical practitioners, dentists, chiropractors, or other
drugless practitioners, for public or private medical, surgical, physio therapeutic or other human health
purposes, except when included within or accessory to a private or public hospital.
Clinic, Veterinary
Shall mean building, or part thereof, used by a veterinary surgeon for the treatment and care of animals, birds,
or other livestock.
Club, Commercial
Shall mean any club other than a private club.
Club, Private
Shall mean a building, or part of a building, used as a meeting place for members of an organization and
includes, amongst others, a lodge, a fraternity or sorority house, and a labour union hall, such as a Legion,
Lion's Club, Kiwanis, etc.
Commercial
Shall mean the use of lands, buildings, or structures, for the purpose of buying and selling commodities, and
supplying of services, as distinguished from such uses as manufacturing or assembling of goods, warehousing,
transport terminals, construction and other similar uses.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Commercial, Small-Scale
Shall mean a commercial activity which is located on agricultural or rural lands, and which exceeds the
provisions for a Home Industry use. In the case of agricultural lands, the small-scale commercial use shall be
directly supportive and related to the agricultural operation and located in close proximity to farm operations
in the area. In the case of rural lands, the small-scale use shall serve the needs of the immediate area and the
agricultural/rural community, and the location poses no operating constraints to an existing farm. Refer to the
General Provisions of this By-law for regulations pertaining to small-scale commercial uses.
Commercial Water Taking
Shall mean a use of land where water is extracted from surface or ground water and where some or all of such
extracted water is transported from the site for commercial sale.
Community Centre
Shall mean a building in which facilities are provided for such purposes as meetings for civic, educational,
political, religious, or social functions, but does not include any continuous commercial use.
Condominium
Shall mean an individual ownership in a multiple unit development with common elements, as defined by the
Condominium Act, R.S.O., 1998.
Conservation
Shall mean the use of land for the purpose of maintaining or enhancing the natural environment and shall
include the provision of proper environmental conditions.
Contractor's Yard
Shall mean a yard of any building trade or contractor where equipment and material are stored or where a
contractor or tradesman performs shop or assembly work.
Convenience Store
Shall mean a retail store servicing the daily or occasional needs of the residents in the immediate area with a
variety of household items such as groceries, patent medicines, sundries, tobacco, stationary, and hardware.
Convention Facility
Shall mean a building in which facilities are provided for such purposes as meetings for large groups of civic,
educational, political, religious or social purposes, and may or may not include a kitchen facility.
Council
Means the Council of the Corporation of the Municipality of Grey Highlands.
County
Means the Corporation of the County of Grey.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Court Yard
Shall mean an uncovered area bounded on all sides by buildings and used for such uses as a passive recreational
area, swimming pool, deck, or children's play area.
Cultural Heritage Landscape
Shall mean a defined geographical area of heritage significance which has been modified by human activities
and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces,
archaeological sites and natural elements, which together form a significant type of heritage form, distinctive
from that of its constituent elements or parts. Examples may include, but are not limited to, heritage
conservation districts designated under the Ontario Heritage Act; and the village, parks, gardens, battlefields,
main streets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value.
Custom Workshop
Shall mean a building or structure, or part thereof, where the manufacturing of small quantities of articles is
performed by a tradesman requiring manual or mechanical skills, but does not include machining, stamping, or
forging of materials.
Day Care Center
Shall mean a premise that receives more than five children who are not of common parentage, primarily for the
purpose of providing temporary care, or guidance, or both temporary care and guidance for a continuous period
not exceeding twenty four hours where the children are: a) under eighteen years of age in the case of a day
nursery for children with a developmental handicap and b) under ten years of age in all other cases, but does
not include: c) part of a public school, separate school, private school, or a school for the trainable handicap
children under the Education Act R.S.O. 1990, as amended from time to time.
Development
Shall mean the construction, erection, or placing of one or more buildings on land or the making of an addition
or alteration to a building.
Development, New
Shall mean the creation of a new lot, a change in land use, or the construction of buildings and structures,
requiring approval under the Planning Act, but does not include activities that create or maintain infrastructure
authorized under an Environmental Assessment process or works subject to the Drainage Act.
Dock
Shall mean a structure in the form of a platform used for loading or unloading passengers and equipment into
a boat. To be considered portable or floating in nature, the dock must be seasonal or temporary in nature, and
removed prior to the winter months. Examples of portable or floating docks are those structures, which sit on-
top of the ground or sand in the water, and are not permanently fastened.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Dry Cleaning Distribution Outlet
Shall mean a building used for the purpose of receiving articles or goods or fabric to be subjected to the process
of dry cleaning, dry dyeing, or cleaning elsewhere, and for the pressing and distribution of any such articles or
any such process.
Dry Cleaning Establishment
Shall mean a building in which the business of dry cleaning, dye drying, cleaning, or pressing of articles or goods
of fabric is carried on in which only noncombustible and non-flammable solvents are used which emits no
odours, fumes, noises, etc.
Dwelling
Shall mean one or more rooms capable of supporting continuous year-round domestic use of one or more
individuals living as a single house-keeping unit and contains heating, cooking, living, sleeping and sanitary
facilities. A dwelling shall not include any mobile home, travel trailer, camper, hotels/motels, a home for the
aged, nursing home, or hospital.
Dwelling, Apartment House
Shall mean a separate building of two or more storeys consisting of 3 or more dwelling units with shared
access and exit from a common entrance at street level.
Dwelling, Converted
Shall mean a building, because of size or design, has been converted by partition and the addition of sanitary
and cooking facilities into more than one dwelling unit.
Dwelling, Duplex
Shall mean a building that is divided horizontally into 2 dwelling units, each of which has an independent
entrance; directly from the outside or through a common vestibule.
Dwelling, Farm
Shall mean a single family detached dwelling that is naturally and normally incidental, subordinate, or
exclusively used in conjunction with a farm and is on the same lot.
Dwelling, Mobile Home
Shall mean a factory-built, single-family dwelling designed to be towed on its own chassis (notwithstanding that
its running gear is or may be removed), placed on permanent foundations and connected to public utilities,
equipped for year-round occupancy and containing therein facilities for cooking or for the installation of
cooking equipment as well as sanitary facilities including a flush toilet and a shower or bathtub. This definition
shall not include a tourist trailer or modular home as defined herein.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Dwelling, Modular Home
Shall mean a factory-built, single-family dwelling which is transported in two sections or more, to the site,
placed on a full basement and connected to public utilities, equipped for year-round occupancy, and containing
therein facilities for cooking or for the installation of cooking equipment as well as sanitary facilities including
a flush toilet and shower or bathtub. This definition shall not include a tourist trailer or mobile home as defined
herein.
Dwelling, Multi-Attached
Shall mean a building consisting of 3 or more dwelling units that are horizontally attached, each which may
be entered from an exterior yard and/or from an internal common space, access hallway or walkway.
Dwelling, Semi-Detached
Shall mean a separate building divided vertically in whole or in part into not more than 2 separate and distinct
dwelling units, and may be held in separate ownership, each of which has an independent entrance.
Dwelling, Single Detached
Shall mean a completely detached permanent dwelling occupied as a single dwelling unit, and to which entrance
is gained only by a private entrance outside the building, but shall not include a mobile home, tourist trailer, or
camper.
Dwelling, Split-level
Shall mean a dwelling containing 3 or more sections at different levels, where the difference in elevation is
not less than 1 m, or more than 2 m between any such section.
Dwelling, Townhouse
Shall mean the whole of a dwelling house divided vertically into 2 or more dwelling units, each having an
independent entrance directly from outside the building.
Dwelling Unit
Shall mean a room or suite of rooms occupied or capable of being occupied as an independent and separate
housekeeping establishment and having self-contained culinary and sanitary features.
Easement
Shall mean the right of use over the property of another land owner. This may include the right to enter and
exit upon the property of another.
Eating Establishment
See restaurant.
Energy from Waste
Means the incineration of municipal solid waste (garbage), or the gasification or production of methane gas
from municipal or County landfill sites, to produce electricity. Energy from w aste is primarily to provide a
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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means for waste reduction and disposal. Electrical generation is a secondary consideration of this process.
This definition includes facilities that use waste in a raw/untreated form or that is pre-processed.
Equestrian Centre
Shall mean the use of lands, buildings or structures for the purpose of boarding of horses, the training of
horses and riders, the staging of equestrian events, but does not include the racing of horses.
Equipment Sales and Rentals
Shall mean the use of lands, buildings and structures, in which machinery and equipment are offered for sale
or kept for rent, lease, or hire under agreement for compensation.
Erect
Shall mean with reference to a building or structure, to build, construct, reconstruct or enlarge, and includes:
a) any physical operations such as excavate-filling, grading, or drawing preparatory to building construction or
reconstruction; b) the moving of a building or structure from one location to another; and c) any work which
requires a building permit.
Established Building Line
The average distance of the building line existing on one side of a block where more than one half of the lots
having street access upon the said side of the block have been built upon. Refer to Section 5.5a) of this By- law
for additional information.
Existing or Existed
Shall mean in existence on the effective date of the passing of this By-law.
Family
Means one person, or two or more persons related by blood, legal adoption or marriage, or a group of not
more than five persons not so interrelated living together as a single housekeeping unit.
Farmers Market
Shall mean a building or structure in which farm produce comprises the major portion of goods offered or
kept for sale directly to the public in either indoor or outdoor venues.
Financial Institution/Bank
Means a building designed for the purpose of lending, borrowing, exchanging, issuing, or safeguarding
money.
Finished Grade
Shall mean the average elevation of the finished surface of the ground at base of a structure, which abuts a
front yard, exclusive of any embankment in lieu of steps.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Flood Plain
Shall mean the horizontal area bordering a lake, river, stream or watercourse, which is subject to flooding and
the limits of such flood plain as defined by the applicable Conservation Authority having jurisdiction.
Floor Area
Means, with reference to a building, the total habitable floor area within a building as measured between the
exterior faces of the exterior walls or from the centre line of a common party wall, but excluding any private
garage, breezeway, porch, veranda, balcony, sunroom, attic, basement or cellar.
Floor Area, Gross (Dwelling)
Shall mean, in the case of a dwelling, the aggregate of the areas of all habitable rooms measured from the
exterior faces of the exterior walls but excluding any detached accessory buildings, a breezeway, unenclosed
sunroom, porch, and/or verandah, attic, cellar, or basement.
Floor Area, Gross (Building)
In the case of a building other than a dwelling, it shall mean the aggregate of the area of all floors devoted to
retail sales, customer service and/or office use, face of exterior walls but shall not include mezzanine areas,
mechanical rooms, common walls, stairwells, garbage and electrical rooms, parking structures and similar uses
ancillary to the main use.
Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or first above the finished grade level
excluding any basement, cellar, or sub cellar, which area is 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 purpose of
this paragraph the walls of an inner court are and shall be deemed to be exterior walls.
Floor Area, Manufacturing
Shall mean that portion of the gross floor area of an establishment, which is used for manufacturing purposes,
but does not include areas of storage or offices.
Forestry
Shall mean the use of land for the purpose of conservation and/or the growing and cutting of trees for the
purpose of producing commercial/non-commercial wood products but shall not include the manufacturing or
processing of such products.
Fuel Storage Tank
Means a tank for the bulk storage of flammable liquids or fluid sold at retail or wholesale, but does not include
a container for flammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely
incidental to some other use of the premises where such tank is located.
Funeral Home
Shall mean a building designed for the purpose of furnishing funeral supplies and services to the public,
including preparation for interment or cremation.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Garage, Attached
Means a private garage accessory to a dwelling unit on the same lot and attached by a common wall and/or
common roof structure and is designed or used for the sheltering of private motor vehicles and the storage of
household equipment incidental to residential occupancy and in which there are no facilities for repairing or
servicing such vehicles for remuneration or commercial use and is fully enclosed and excludes a carport or
other open shelter; provided, however, for the purpose of determining lines of setback and side yard, an
attached garage shall be considered part of the main building.
Garage, Detached
Means a private garage, accessory to a dwelling unit on the same lot, which is designed or used for the sheltering
of private motor vehicles and the storage of household equipment incidental to residential occupancy and in
which there are no facilities for repairing or servicing such vehicles for remuneration or commercial use, and is
fully closed and excludes a carport or other open shelter.
Garden Suite
Means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to
an existing residential structure and is designed either to be portable, or the habitable space is easily removed
or altered to a use permitted by the By-law, after expiry of the use.
Golf Course
Shall mean the use of public or private lands for the purpose of playing golf, including clubhouse facilities,
but excluding driving ranges, miniature golf courses, and similar commercial uses.
Golf Driving Range
Shall mean the commercial use of lands, buildings, or structure for the purpose of practicing the driving of
golf balls in a manner which does not require a golf course.
Greenhouse, Commercial
Means a building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not
necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such
lot at wholesale or retail.
Greenhouse, Farm
Means a building for the growing of plants, shrubs, trees and similar vegetation, which are primarily transplanted
outdoors on the same lot containing such greenhouse, and includes no retail sales directly from the lot.
Gross Vehicle Weight
Shall mean the total weight of a motor vehicle plus the licensed capacity of such motor vehicle as rated by the
Ministry of Transportation and Communication.
Group Home
Means a single housekeeping unit in a residential dwelling in which three to ten persons, excluding supervisory
staff or receiving family, live as a family under responsible supervision consistent with the particular needs of
its residents. The home is licensed and approved under Provincial Statutes.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Guest
Shall mean a person who contracts for accommodation in a motel or hotel or other similar accommodation,
and includes all members of the persons' party.
Guest Room
Shall mean a room, suite, or rooms used or maintained for the accommodation of the public.
Habitable Room
Means a room in a dwelling used or intended to be used primarily for human occupancy, but does not include
a bathroom, toilet room, serving or storage pantry, laundry and corridor.
Hazard Lands
Shall mean lands having inherent environmental hazards severe enough to pose a risk of loss of life, property
damage, and social disruption if developed upon.
Height
Means, with reference to a building, the vertical distance measured from the average finished grade level of
such building to:
(i)
in the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the
greater, and
(ii)
in the case of a pitched roof, to the peak.
High Water Mark
Shall mean 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. The high water mark in the context of Lake Eugenia shall be further defined
as the 434.23 Canadian Geodetic Datum (649.0 feet), which is also the maximum operating elevation of the
dams.
Home Industry
Means an occupation accessory to a permitted agricultural or rural use or rural residential use, which may
include; a carpentry shop, welding shop, plumbing shop, electrical shop, small appliance repair; however, a
public garage shall not be considered a home industry. Refer to the General Provisions of this By-law (Section
5.12) for regulations pertaining to Home Occupations.
Home Occupation
Means an accessory use conducted within a legally established residential dwelling unit. Refer to the General
Provisions of this By-law (Section 5.11) for regulations pertaining to Home Occupations.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Horticultural Nursery
Shall mean the use of land, buildings or structures for the purpose of growing and/or selling trees, shrubs,
flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural
elements associated with landscaping, and shall include outdoor storage in the front yard.
Hospital
Shall mean a hospital as defined under the Public Hospital Act, or under the Private Hospital Act, as
amended from time to time.
Hotel
Shall mean an establishment that consists of 1 building, or 2 or more connected, that caters to the need of the
public by furnishing sleeping accommodation, including permanent staff accommodation, may or may not
supply food, and is licensed under the Liquor License Act and operating under the Tourism Act.
Industrial Uses, General
Shall mean the use of land, buildings or structures for the manufacturing, assembly, and prefabrication of
goods or materials and shall include warehousing and wholesaling and transport terminals.
Industrial, Dry
Shall mean the use of land or buildings for the manufacturing, assembly, and prefabrication of goods or
materials in which large quantities of water are not consumed, and effluent not discharged. Dry industrial uses
may use, but do not require the use of municipal sanitary or water services for the principal operation of the
use.
Industrial, Extractive
Shall mean a sand, gravel, stone, earth, clay, fill or mineral pit as defined and licensed by the Aggregate Resources
Act, and shall include the processing of natural materials extracted from the subject site including screening,
sorting, washing, crushing, storing and other similar operations allied to an extractive industrial operation but
shall not include a ready mix plant or hot mix plant.
Industrial, Light
Means the use of land, building, or structure for the manufacturing, assembly, storage, or processing of
component parts of finished products suitable for wholesale or retail trade but does not include food, beverage,
tobacco, rubber, leather, textile and knitting, printing, metal fabrication, or similar industries if these industries
involve stamping, presses, furnaces, machinery, or the emission of any air, water, or noise pollution that creates
a nuisance outside of the building or structure or beyond the limits of the lot. Light industrial uses may use,
but do not require the use of municipal sanitary or water services for the principal operation of the use.
Industrial, Small-Scale
Shall mean an industrial activity which is located on agricultural or rural lands, and which exceeds the provisions
for a Home Industry use. In the case of agricultural lands, the small-scale industrial use shall be directly
supportive and related to the agricultural operation and located in close proximity to farm operations in the
area. In the case of rural lands, the small-scale use shall serve the needs of the immediate area and the
agricultural/rural community, and the location poses no operating constraints to an existing farm. Refer to the
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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General Provisions of this By-law for regulations pertaining to small-scale industrial uses.
Institutional
Shall mean the use of land, buildings, or structures, for non-commercial purposes by an organization, group,
or association for religious, charitable, educational, health, or public purposes but not including lands used as a
tent and trailer campground, or lands containing sleeping cabins or housekeeping cottages.
Karst Topography
Shall mean a depth of soil generally less than one metre over fractured bedrock.
Kennel
Shall mean lands or buildings where dogs and other domestic animals, other than poultry or livestock are
bred and raised and are sold or kept for sale or boarded.
Land Fill Site
Shall mean an area of land where solid waste is disposed of on land under controlled conditions for the
purpose of waste management.
Landscaped Open Space
Shall mean open space comprised of lawn and ornamental shrubs, flowers, and trees, and may include space
occupied by paths, walks, courts and patios.
Lane
Shall mean a public thoroughfare, which affords only a secondary means of access for vehicular traffic to
abutting lots.
Laundry Shop/Establishment
Shall mean a building in which the business is conducted on the ground floor by means of one or more
washers, having a capacity not exceeding 30 kg. Only water and detergents are used.
Livestock
Shall mean chickens, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats, or any other domestic animal
used for human consumption.
Livestock Housing Capacity
Means the maximum number of livestock that can be accommodated in a livestock facility at any one time.
Livestock Facilities
Shall mean livestock barns, buildings or structures where animals or poultry are housed and shall also include
beef feedlots and the associated manure storage facilities.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Livestock Unit
Means the equivalent values for various types of animals and poultry based upon manure production and
production cycles, as defined in the Minimum Distance Separation Formulae (as listed in Table 4 of Section
5.26 of this By-law) and as defined in the Nutrient Management Act.
Loading Space
An off-street space on the same lot as the building for temporary parking of a commercial vehicle while
loading or unloading merchandise or materials.
Long Term Care Facility
Shall mean a lot, building, or structure where living accommodation is provided to residents in private or
semi-private rooms or wards and where culinary facilities and social and recreational areas are available.
Lot
Shall mean a parcel of land that may be legally conveyed.
Lot, Area
Shall mean the total horizontal area within the lot lines of a lot.
Lot, Corner
Shall mean a lot situated at the intersection of and abutting upon two or more streets, provided that the angle
of intersection of such streets is not more than 135 degrees.
Lot, Coverage
Shall mean the percentage of the total lot area at or above grade that is covered by all buildings and/or
structures, and does not include overhanging eaves. Decks, porches, and in-ground and above-ground
permanent pools shall constitute lot coverage
Lot, Depth
Shall mean the horizontal distance between the front and rear lot lines. Where such lot lines are not parallel,
the lot depth shall be the mean distance between them.
Lot, Frontage
Shall mean the horizontal distance between the side lot lines measured at right angles. Where the front lot line
is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured from a line
7m back from and parallel to the chord of the lot frontage. For the purpose of this by-law, the chord is a straight
line joining the two points where the side lot line intersects the front lot lines.
Lot, Interior
Shall mean a lot, which has street access other than a corner lot.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Lot Line
Shall mean any boundary of a lot or the vertical projection thereof.
Lot Line, Exterior Side
Shall mean the lot line of a corner lot, other than the front lot line, which abuts a street but
(a)
In the case of a corner lot abutting a 0.3 metre (1 foot) reserve, the lot line abutting the 0.3 metre (1
foot) reserve shall be deemed an exterior side lot line and the other line abutting the street shall be
deemed the front lot line.
(b)
In the case of a lot abutting more than 1 private street, the shortest lot line abutting the private street
shall be deemed the front lot line, and all other lot lines abutting private streets shall be considered
exterior side lot lines.
Lot Line, Front
Shall mean the lot line that divides the lot from the street but
(a)
In the case of a corner lot, the shorter lot line that abuts the street shall be deemed the front lot line
and the longer lot line that abuts the street shall be deemed the side lot line;
(b)
In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street
or abuts a Provincial Highway shall be deemed to be the front lot line, and if similar, the Municipality
may designate either street line as the front lot line;
(c)
In the case of a lot abutting one or more private streets, the shortest lot line abutting the private
street shall be deemed the front lot line;
(d)
In the case of a through lot, two front lines shall exist;
Lot Line, Interior Side
Shall mean a lot line, other than a front or rear lot line.
Lot Line, Rear
Shall mean the lot line furthest from and opposite to the front lot line.
Lot, Through
Shall mean a lot bounded on two opposite sides by a street.
Manse
Shall mean a single detached dwelling for the housing of a church clergy and family.
Manufacturing Plant
Shall mean a building or structure in which a product is fabricated and from which such product is shipped to
a wholesale or retail outlet.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Manure, Liquid Facility
Shall mean a building or structures in which animal waste is stored in a liquid state.
Manure, Solid Facility
Shall mean a building or structure or area of land where animal waste is stored in a solid state.
Marina
Shall mean a building containing docking facilities and located on a navigable waterway, where boats and boat
accessories are stored serviced, repaired or kept for sale, and where the sale of marine fuels and/or lubricants
may be provided.
Market Garden
Shall mean an area of land that is used for the growing of vegetables and/or berry fruit crops and/or flowers
that are then sold at retail on the lot to customers who either purchase the product after it has been picked or
pick the product themselves.
Metal Works Shop, Small-Scale Commercial/Industrial
Shall mean a building, structure or area where metal is stored, sanded, welded, and worked for use in the
production of agricultural components, and includes metal cutting, welding, brazing, facilities for metal
working, and the distribution of such metal worked agricultural products on a wholesale basis. Refer to General
Provisions of this By-law for regulations governing small-scale commercial/industrial uses.
Minimum Distance Separation (MDS)
Shall mean the formula used to determine a recommended distance between a livestock facility and another
land use in order to prevent land use conflicts and minimize nuisance complaints from farming odour. The
Minimum Distance Separation formula is included in the General Provisions (Section 5.26) of this By-law.
Definitions associated with, and applicable to MDS include the following:
a) Active Recreational Use: means a recreational use usually with buildings and/or with a concentration
of uses such as golf courses, other playing fields, trailer parks, campgrounds and conservation areas
with facilities.
b) Agriculturally Related Commercial/Industrial uses: means uses directly related to agriculture and
necessary in close proximity to farm operations, such as animal husbandry services, produce or grain
storage facilities, or farm machinery outlets.
c) Animal Group: means livestock and poultry grouped according to manure production.
d) Housing Capacity: means the total maximum livestock capacity for the facility at any one time.
e) Livestock Facilities: means livestock barns where animals or poultry are housed, including beef
feedlots, and the associated manure storage.
f) Livestock Units: means the equivalent values for various types of animals and poultry based on
manure production and production cycles.
g) Multiple Residential: means three or more residential units in the same building.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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h) Passive Recreational Use: means a recreational use not requiring buildings and not altering the soil
or topography, such as open space and environmental areas.
i)
Rural Residential Cluster: means four or more adjacent rural residential lots, generally 1 hectare or
less in size, sharing a common boundary. Lots located directly across the road from one another
shall be considered as having a common boundary.
j)
Separation Distance: means the horizontal distance measured between the closed point of the
exterior wall of the livestock facility (i.e. buildings, manure storage tank, pad or stacker) and the
closed point of the neighbouring incompatible use, which in the case of a vacant lot, shall mean the
building envelope established through setback requirements.
k) Tillable Hectares: means land including pasture that can be worked or cultivated.
l)
Urban Expansion: means outward expansion of towns, villages, and hamlets for such uses as
residential, recreational, institutional, and commercial and industrial.
Mobile Home
Shall mean a detached structural unit which is designed to be and is capable of being transported after
fabrication, either on its own wheels, on detachable wheels, on a flat bed or other trailer, to a lot, and which is
suitable for year round occupancy in similar fashion as a dwelling unit, except for minor and incidental
unpacking and assembly operations, placement on defined supporting structures and connection to utilities.
Mobile Sign
Shall mean a sign mounted on a trailer or other structure, which is designed in such a manner to facilitate its
movement from place to place.
Model Home
A building that is used temporarily as a displace model but that will eventually be occupied as a dwelling unit
Motel
Shall mean a building consisting of a number of individual rental units, used for catering to the needs of the
traveling public by furnishing sleeping accommodation, with or without food.
Motor Home (Recreational Vehicle)
Shall mean a self-propelled vehicle designed, intended, and used for travel recreation or vacation and, in
addition, used for living, sleeping, and eating on a temporary basis.
Motor Vehicle Sales and Service Establishment
Shall mean a building or lot used for the display and sale of new and/or used motor vehicles including motor
homes and may include the servicing, repair, cleaning, polishing, lubrication, and painting of motor vehicles,
the sale of automotive parts and the leasing or renting of motor vehicles.
Motor Vehicle Service Station
Means a retail place of business, the prime function of which is the sale of automotive fuels and products
and/or providing repair service and maintenance to motor vehicles, excluding body and fender work.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Municipal Drain
Shall mean drainage works as defined by the Ontario Drainage Act, as amended from time to time.
Municipal Recycling Depot
Shall mean a premise on which household materials such as paper products, glassware, plastics, metal cans, and
other items included in a municipality's recycling program, which are separated prior to shipment but does not
include any processing of the material, salvage yard, or automobile wrecking establishment.
Nameplate Generating Capacity
Means, with respect to a generation facility, the total of the design electricity generating capacities of all the
generation units in the facility.
Non-Complying
Means a building or structure, which is a permitted use at the date of the passage of this by-law, but does not
comply with the provisions of the respective zone.
Non-Conforming
Means land, building or structures legally existing at the date of the passage of this by-law, which is used for
purposes prohibited by this by-law.
Nursery School
Means a day nursery operated for pre-school age children within the meaning of the Day Nurseries Act,
R.S.O. 1990, as amended from time to time.
Nursing Home
A building where persons are housed or lodged or furnished with meals, nursing, medical or similar care and
treatment, as licensed by the Ministry of Health.
Obnoxious
Means when used with reference to any use of land, building or structure, a use from its nature or from the
manner of carrying on the same, creates or is liable to create by reason of destructive gas fumes, dust,
objectionable odour, noise, vibration, unsightly storage of goods, wares, merchandise salvage, junk, waste, or
other material, a condition which may become hazardous or injurious regarding health or safety, or which
prejudices the character of the surrounding area or interferes with, or may interfere with, the normal
enjoyment of any use of land, building or structure.
Office, Business
Means any building or part of a building in which one or more persons are employed in the management,
direction or conducting of an agency, business, or organization, but excludes such uses as retail sale,
manufacture, assembly or storage of goods, or places of assembly and amusement.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
29
Office, Professional
Means a building or part of a building in which professionally qualified persons such as doctors, lawyers, or
engineers, and their staff, serve clients or patients who seek advice, consultation or treatment.
Open Storage Area
Shall mean a portion of a lot where goods and/or materials are stored or kept for future manufacture or
assembly and/or sale by retail or wholesale, outdoor display area not included.
Outdoor Display Area
Shall mean a portion of a lot used for exhibiting in an orderly manner, completely assembled or finished
products sold by a retail business on the same lot.
Park, Private
Means a recreational area other than a public park and may include therein one or more swimming pools,
wading pools, picnic areas, refreshment rooms, tent camping areas, boating facilities, tennis courts, bowling
greens, golf courses or similar open space uses.
Park, Public
Means a recreational area owned or controlled by the Corporation or by any Board, Commission or other
Authority established under any statute of the Province of Ontario.
Parking Area
Shall mean an area provided for the parking of motor vehicles and may include aisles, parking spaces and
related ingress and egress lanes, and a private garage.
Parking Lot
Shall mean any parking area other than a parking area required under the provisions of this by-law.
Parking Space
Shall mean an area of land, not being part of a highway or street and having unobstructed access to a public
street or lane, used for temporary parking or storage of motor vehicles.
Person
Means an individual, association, firm partnership, corporation, trust, incorporated company, organization,
trustee, or agent, and the heirs, executors, or other legal representatives of a person to whom the same can
apply according to the law.
Personal Service Shop
Means a building or part of a building, not otherwise defined or classified herein, for the performance of
personal services such as a barber shop, beauty parlour, or Laundromat, or for the servicing or repairing of
articles, goods or materials, and in which no product is manufactured and includes radio, television and
appliance repair shops but does not include a motor vehicle repair shop.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Place of Entertainment
Means a motion picture amusement arcade or other theatre, auditorium, billiard or pool room, bowling alley,
ice or roller skating rink, curling rink, or dance hall.
Place of Worship
Shall mean a building dedicated to religious worship and shall include a church hall, church auditorium,
Sunday School, parish hall, day nursery, convent, monastery, manse or rectory or parish hall.
Plant, Hot Mix
Shall mean a building used for the manufacturing of asphalt and aggregate in a form suitable for immediate
use in paving of roads or driveway, and damp proofing.
Plant, Ready Mix
Shall mean a building used for the manufacturing of concrete in a form suitable for the immediate use in the
construction of buildings, structures, roads, or driveways.
Planting Strip
Shall mean an area that shall be used for no other purpose other than planting a row(s) of trees or a continuous
unpierced hedgerow of evergreens or shrubs not less than 1.5 metres high, and immediately adjacent to the lot
line.
Playground
Shall mean any land used for the purpose of recreation or field games and not operated for profit.
Point of Reception
Means any point on the premises of a person within 30 metres of a dwelling or a camping area, where sound,
vibration or shadow flicker originating from other than those premises is received. For the purpose of approval
of new sources, including verifying compliance with Section 9 of the Environmental Protection Act, the Point
of Reception may be located on any of the following existing or zoned for future use premises: permanent or
seasonal residences, hotels/motels, nursing/retirement homes, rental residences, hospitals, camp grounds, and
noise sensitive buildings such as schools and places of worship. For equipment/facilities proposed on premises
such as nursing/retirement homes, rental residences, hospitals and schools, the point of Reception may be
located on the same premises.
Post Office
Shall mean a building that is used for the sorting, storage, handling, and delivering of letters, parcels, and
packages. Also includes the sale of stamps.
Prefabricated Home
Means a building, which is capable of being occupied exclusively as a dwelling and which is comprised of
prefabricated components, which are manufactured off-site, transported to and erected on an acceptable
foundation on a lot.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
31
Processing Plant
Means the use of lands, buildings, or structures, where agricultural produce, including meat and poultry
products, is washed, cleaned, dusted, waxed, or otherwise prepared or packaged and from which such produce
is shipped to a wholesale or retail outlet.
Public Building
Means any building or structure owned or leased by the Municipality, Corporation of the County of Grey, the
Province of Ontario, or the Government of Canada.
Public Garage
Shall mean premises where motor vehicles and agricultural and heavy equipment are kept or stored for repair
and/or maintenance, but does not include an automatic car washing establishment, a motor vehicle sales and
service establishment, motor vehicle service station, or a Transport Terminal.
Quarry
Shall mean a place licensed under the Aggregate Resources Act, where consolidated rock has been or is being
removed by means of an open excavation to supply material for construction, industrial, or man-made purposes.
Recreational Use (Active and Passive)
Means the active use of land, buildings or structures where facilities are provided for recreational purposes and
may include a curling rink, mini golf course, billiard hall, bowling alley, lawn bowling greens, arena, gymnasium,
skating rink, playgrounds, parks, athletic fields, tennis courts, picnic areas, swimming pools, day camps, and
community centres, but does not include any use requiring the operation of motorized vehicles, the racing of
animals, tourist cabins or campgrounds, golf courses or golf driving ranges.
Where a Passive Recreational use has been referred to in this By-law, it shall mean an activity or use of land
carried out for recreational purposes, which does not require the construction of buildings or the alteration of
soil or topography and uses shall be limited to open space, trails, environmental areas, and picnic areas.
Renewable Energy System
Shall mean the production of electrical power from an energy source that is renewed by natural processes
including, but not limited to, wind, water, a biomass resource or product, or solar and geothermal energy. The
scales of renewable energy systems follow:
i) Micro Scale: Shall mean any renewable energy system that:
1. Is classified as a "Category A' project as defined by Ontario Regulation 116/01 for Electricity
Projects printed in the Ontario Gazette May 12, 2001; and
2. Has 10kW or less of nameplate generating capacity; and,
3. Does not exceed 17 metres in height.
ii) Small Scale: Shall mean any renewable energy system that:
1. Is a Wind Energy System that:
a. Is classified as a "Category A' project as defined by Ontario Regulation 116/01 for Electricity
Projects printed in the Ontario Gazette May 12, 2001; and
b. Has 50kW or less of nameplate generating capacity; and,
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
32
c. Does not exceed 38 metres in height.
2. Is a Solar Energy System that is mounted to an existing building or any ground installed facilities
that occupy a maximum lot coverage of 10% up to a maximum of 1 hectare, or
3. Is a Biomass Energy System with a nameplate generating capacity of less than 5 megawatts
associated with a principal permitted use.
iii) Medium Scale: Shall mean any renewable energy system that:
1. Is classified as a "Category A' project as defined by Ontario Regulation 116/01 for Electricity
Projects printed in the Ontario Gazette May 12, 2001; and
2. Exceeds 50kW of nameplate generating capacity; and,
3. Does not exceed 60 meters in height.
iv) Large Scale: Shall mean any renewable energy system that meets any of the following criteria:
1. Is a Wind Energy System that:
a. Is classified as a "Category B' or 'Category C' project as defined by Ontario Regulation 116/01
for Electricity Projects printed in the Ontario Gazette May 12, 2001. These projects are subject
to an environmental screening process (Category B) or an individual Environmental
Assessment (Category C) according to the Environmental Assessment Act, as amended.
b. Exceeds 61 metres in height, or
2. Is a Solar Energy System with ground installed facilities that occupy greater than 1 hectare or
more of land.
3. Is a Biomass Energy System with a nameplate generating capacity of 5 megawatts or greater.
Renovation
Means the repair and restoration of a building to good condition but shall not include its replacement.
Resource Based Recreational Uses
Shall mean those recreational uses where the prime reason for location by their very nature, require certain
natural attributes for their location including the availability of large lots or land areas. Uses permitted may
include passive and active recreational facilities and associated commercial uses. Such uses shall be defined to
include water based recreation, recreation vehicle and/or tent and trailer campgrounds, and
skiing/snowboarding facilities. Any associated commercial lodging is recognized to be for over-night or short
term accommodation only.
Restaurant
Shall mean a building, or part thereof, used for the serving of foods or refreshments to the public, with the
serving and consumption of food taking place within the building, except for a terrace or patio or other open
areas adjacent to the building where the serving and consumption of food and refreshments may take place on
a temporary or seasonal basis.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
33
Retail Store
Shall mean a building or part of a building in which goods, wares, merchandise, substances, articles, things or
services are offered or kept for sale at retail or on a rental basis, and would include supermarkets and food
stores, but does not include any establishment otherwise defined or classified herein, or any manufacturing,
processing, construction uses, or outdoor storage.
Retirement Home
Means any home for senior citizens sponsored and administered by any public agency or any service club,
church or non-profit organization, either of which obtains its financing from federal, provincial, or municipal
governments or agencies, or by public subscription or donation, or by any combination thereof, and such homes
shall include auxiliary uses such as club and lunge facilities, usually associated with the senior citizen's
development.
Salvage Yard
Shall mean a lot and/or premises for the storage and/or handling of scrap materials, which without limiting the
generality of the foregoing, shall include waste paper, rags, bones, bottles, bicycles, vehicles, tires, metal and/or
scrap material and salvage and includes a junk yard, scrap metal yard and an automobile wrecking yard or
premises.
Sawmill and Woodworking Shop
Shall mean a building, structure or area where lumber is stored, cut, sawed or planed, and includes woodturning,
facilities for kiln drying of lumber, and the distribution of such products on a wholesale basis. Also permitted
is the storage of both raw materials (logs) and finished products (timber).
Refer to General Provisions of this By-law for regulations governing small-scale commercial/industrial uses
such as sawmills or woodworking shops.
School, Commercial
Shall mean a school conducted for gain, such as a secretarial school, model school, language school, dance
school, or driving school.
School, Private
Shall mean a school, other than a public school, operated by a non-profit organization and supported by
private means.
School, Public
Shall mean any elementary or secondary school established and maintained either wholly or partially at public
expense and includes any playing fields, recreational facilities, or dorm building.
Secondary Uses
Shall mean uses secondary to the principal use of the property, including home occupations, home industry,
and uses that produce value-added agricultural products from the farm operation on the property.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Sensitive Land Uses
Shall mean 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 up environment.
Examples of sensitive land uses may include, but are not limited to: residences, day care centres, and educational
and health facilities.
Separation Distance
Shall mean the Minimum Distance Separation formulae I and II developed by the Province to separate uses so
as to reduce incompatibility concerns about odour from livestock facilities. MDS I relates to the establishment
of new non-farm uses, while MDS II relates to new livestock buildings in rural and agricultural areas.
Services, Communal
Means sewage works and sewage systems, and water works that provide for the distribution, collection or
treatment of sewage or water but which are (i) not connected to full municipal sewage and water services, (ii)
are assumed by the municipality, and (iii) the design and type has been approved by Council and validated by
an acceptable Servicing Options Study.
Services, Full Municipal
Means piped sewage and water services that are connected to a centralized water and waster water treatment
facility.
Services, Partial
Means individual autonomous water supply and sewage disposal systems, that are owned, operated and
managed by the owner of the property upon which the system is located and which do not serve more than
five residential units/lots.
Service Shop
Shall mean a building for the sale or repair of household articles, and includes radio, TV, and appliance repair
shops but does not include industrial or manufacturing uses or motor vehicle repair shops.
Setback
Shall mean the horizontal distance from the lot line of the lot, measured at right angles to such lot line, to the
nearest part of any building or structure on the lot.
Setback (Wind Energy System)
Shall mean the distance between the closest edge of the turbine base and the lot line or feature.
Shopping Centre
Shall mean a group of two or more commercial uses designed, developed, and managed as a unit by a single
owner or tenant, or group of tenants, and has an off-street parking area provided on the site.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Sight Triangle
Shall mean the triangular space formed by the street lines of a corner lot and a line drawn from a point in one
street line to a point in the other street line or railway line, each such point being nine metres from the point of
intersection of the street lines.
Sign
Means a name, identification, description, device, display, or illustration which is affixed to, or represented
directly or indirectly upon a building, structure, or lot and which directs attention to an object, product, place,
activity, person, institution, organization or business.
Site Alteration
Shall mean activities, such as filling, grading and excavation that would change the landform and natural
vegetative characteristics of a site.
Site Alteration (Renewable Energy System)
Shall mean activities, such as grading, excavation and the placement of fill that would change the landform
and natural vegetative characteristics of a site.
Site Plan
Means a scaled drawing showing lot lines, buildings or structures existing and/or proposed on a lot, and
including such details as parking areas, access point, landscaped areas, building areas, setbacks from lot lines,
building heights, floor area, lot coverage, lighting, septic tank tile fields, utility lines, site servicing details, grading
and drainage and stormwater management.
Solar Energy System
Shall mean a renewable electrical generation facility that produces power from the sun using photovoltaic
technology to provide all, or a portion of, the electrical power needs for a user or to feed into the transmission
or local distribution grid. A solar energy system includes all arrays, supporting infrastructure, and outbuildings.
Storage Industry
Shall mean the use of lands or buildings for storing materials, goods, or produce to preserve them in a
condition that makes them usable at a later date.
Storey
Shall mean that portion of a building (other than basement and attic) which is included between one floor
level and the next highest, and which is not less than 2.3 metres and no higher than 4.3 metres.
Storey, Half
Shall mean that portion of a building situated within the roof, or having its floor level not less than 1.2 metres
below the line where the roof and interior enclosing walls meet, and having a roof not steeper than sixty degrees
above the horizontal.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Street, Public Improved
Shall mean a Highway, which has been assumed for public use and is maintained year-round by the
municipality or any other public authority.
Structure
Shall mean anything that is erected, built, or constructed of parts joined together or requiring a foundation to
hold it erect, but shall not include free standing walls, fences, or hedges.
Swimming Pool
Shall mean an artificial body of water, excluding ponds, of more than 9 square metres in area, and having a
depth in excess of 1.3 metre used for swimming, bathing, or diving.
Tavern
Shall mean a building where beverages are offered for sale to the public for immediate consumption, which
require a License under the Liquor License Act, R.S.O. 1990, as amended from time to time.
Temporary Farm Help Accommodation
Shall mean a separate building or trailer used or intended to be used for seasonal accommodation of workers
employed by the owner or operator of the farm.
Temporary Sales Office
The use of a temporary building for the purpose of marketing a land development proposal.
Temporary Use
Means the use of land, buildings, or structures for a construction office, tool shed, or for the storage of
scaffolds, equipment and material which is incidental to and necessary for construction work in progress for so
long as the same are necessary for the construction work which has neither been finished nor abandoned on
the same lot.
Tent/Trailer Campground
Means the use of land for the provision of overnight or short term accommodation for trailers, motor homes,
and tents but not mobile homes and includes services and facilities normally incidental and subordinate to such
a use including washroom and bathing facilities, active and/or passive recreational uses, and an entrance kiosk.
Tent
Shall mean every kind of temporary shelter for sleeping that is not permanently affixed to the site and is
capable of being easily moved, and is not considered a structure, vehicle, or trailer.
Top-of-Bank
Shall mean a line delineated at a point where the oblique plane of the slope meets the horizontal plane.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Trailer
Shall mean a structural unit designed, intended, and used for travel, recreation, or vacation, and which is capable
of being drawn by a motor vehicle, and shall include tent trailers or similar transportable accommodation used
for living, sleeping, or eating on a temporary or occasional basis, and does not include a mobile home.
Transport Terminal
Shall mean the use of land, buildings or structures for the purpose of storing, servicing, repairing, or loading of
trucks, transport trailers and/or buses, but does not include a motor vehicle sales or service establishment, or
transportation sales or rental outlets.
Turbine Height
The height of a renewable energy system shall be measured from the base of the structure to the highest point
of the structure. For instance, in the case of a typical horizontal axis wind turbine, the height is measured from
the average ground level upon which the base/foundation sites to the tip of the rotor blade at its highest point.
Use
Shall mean the purpose for which any land, buildings, structures, or premises is arranged, designed, or intended
to be used, or is or may be occupied or maintained; the word 'used', 'to use', and 'uses' have a corresponding
meaning.
Utility Building
Shall mean a building used in conjunction with the supplying of local utility services, including a water or sewage
pumping station, a water storage reservoir, a gas regulator building, a hydro substation, a telephone building
for exchange, long distance, or repeater services.
Volt
Shall mean the amount of 'pressure' required to transport electricity and push electrical energy through a wire.
A measure of the Potential Difference between two points of an electrical field.
Warehouse
A building used for the storage and distribution of goods, wares, merchandise, substances, or things, and may
include facilities for a wholesale and/or retail outlet.
Watercourse
Shall mean the natural or altered channel for a stream or water body and, for the purpose of this By-law,
includes the channel for intermittent streams.
Water Taking, Commercial
Shall mean the use of land where water is extracted from surface or ground water and where some or all of
such extracted water is transported from the site for commercial sale.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Watt
Shall mean a unit to describe the size of an electrical generation system. One megawatt (1,000 kilowatts or
1,000,000 watts), of electrical energy can supply the instantaneous power needs of about 500 homes. Watts of
energy is the amount of electricity produced.
Wayside Pit & Quarry
Shall mean temporary pit or quarry opened and used by or for 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.
Wholesale Use
Shall mean any establishment, which sells merchandise to others for resale and/or to industrial or commercial
users.
Wind Energy System
Shall mean a renewable electrical generation facility that produces power from wind primarily to provide all or
a portion of the electrical power needs for a user or to feed into the transmission or local distribution grid. A
wind energy system includes all supporting infrastructure, outbuildings and access roads.
Yard
Shall mean an open, uncovered space on the same lot with a building, structure or use.
Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot line and the nearest part of
any building, structure, or open storage use on the lot.
Yard, Rear
Shall mean a yard extending across the full width of the lot between the rear lot line and the nearest point of
any building, structure, or open space use on the lot.
Yard, Side
A yard extending from the front yard to the rear yard and from the side lot line to the nearest part of any
building, structure, or open storage on the lot.
Yard, Exterior Side
Shall mean a side yard immediately adjoining an improved public street.
Yard, Interior Side
Shall mean a side yard other than an exterior side yard.
Zone
Shall mean an area delineated on a Zoning Map Schedule and established by this By-law for a specific use.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
39
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
40
Section 4: Establishment of Zones
4.1
Incorporation of Zoning Maps
The locations and boundaries of the Zones established by this By-law are attached to and form part
of this By-law.
4.2
Zone Boundaries
When determining the boundary of any Zone as shown on any Schedule forming part of this By-law,
the following provisions shall apply:
a)
A boundary indicated as approximately following lot lines shown on a registered plan of
subdivision, or as otherwise registered in the local registry office or land titles office, or on the
original municipal survey shall follow such lot lines.
b)
A boundary indicated as following a watercourse, public highway or private street, or a right-
of-way of a railway, electric, gas or oil transmission line shall be the center line of such
watercourse, highway, street, or right-of-way.
c)
The Municipal Boundary shall serve as a zone boundary for all zones extending to the limits
of the Municipality of Grey Highlands.
d)
The Schedules forming part of this By-law are drawn to scale and shall be used to determine
distances not specified on the Schedules.
4.3
Zones
For the purposes of this By-law, the Municipality of Grey Highlands is divided into the following
Zones:
A1
AGRICULTURE
A2
RESTRICTED AGRICULTURE
RU
RURAL
R
RESIDENTIAL
RM
RESIDENTIAL MULTIPLE
RUR
RURAL RESIDENTIAL
RS
RESIDENTIAL SHORELINE
C1
DOWNTOWN COMMERCIAL
C2
HIGHWAY & SERVICE COMMERCIAL
C3
NEIGHBOURHOOD & CONVENIENCE
C4
RURAL COMMERCIAL
M1
LIGHT INDUSTRIAL
M2
HEAVY INDUSTRIAL
MEX
EXTRACTIVE INDUSTRIAL
I
INSTITUTIONAL
D
DEVELOPMENT
ND
NO DEVELOPMENT
H
HAZARD
W
WETLAND
OS
OPEN SPACE
REC
RECREATIONAL RESORT
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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4.4
Use of Zone Symbols
The symbols listed in subsection 4.3 may precede the word "Zone" (i.e. A1 Zone) in place of the
"Zone Name" and shall have the same meaning. The symbols, when used within the Schedules of this
By-law, shall refer to the Zone in which the lands are situated and the provisions of such Zone shall
apply.
4.5
Application of Zones
No person within any Zones defined in this By-law and delineated on the Zoning Schedules attached
hereto, shall erect, alter, enlarge, or use any building or structure, or use land in whole or in part, except
in conformity with the provisions of this By-law.
4.6
Discrepancies
In the event that there is a discrepancy between regulations in the "General Provisions" of this By- law
and a specific Zone, the most restrictive provisions shall apply.
4.7
Exceptions to Zones
Where a Zone symbol on the Schedules attached to this By-law is followed by a hyphen and a number
(i.e. A1-4), the number following the hyphen refers to the Exceptions Section of this By-law.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Section 5: General Provisions
5.1
Application of By-law
No person shall within "the defined areas" change the use of any building, structure or land or erect
or use any building or structure except in conformity with the provisions of this By-law.
5.2
Lot Development Requirements
a)
Requirement of a Lot
No building or structure shall be erected, altered, extended or enlarged except upon a lot nor
shall any land be used for any permitted use unless it comprises a lot. This provision shall not
prevent the use of any parcel or tract of land for agricultural purposes excluding the erection
or enlargement of any building or structure except a fence.
b)
Frontage on Improved Street
i)
No person shall erect any building or structure or use any lot in any zone unless the
property fronts directly onto an improved public street, except for the following:
-
Where a building has been legally erected prior to the date of the passage of this
By-law, and continues to be a permitted use according to this By-law, the said
building may be enlarged, reconstructed, repaired or renovated provided all other
applicable provisions of this By-law are complied with. If the building is not
considered a permitted use, then the non-conforming provisions of this By- law
apply.
-
A lot accessible only by water provided access to the water is obtained directly by
an improved public street.
-
A lot in a registered plan of subdivision where a subdivision agreement has been
entered into, but the streets and services have not yet been assumed until the end
of the maintenance period.
ii)
Where access to a lot of record is obtained over a private road or a right-of-way, as
defined above, the lot line adjacent to the private road shall be considered lot frontage,
and in the case of a corner lot, shall be considered an exterior side yard for setback
purposes.
c)
More Than One Use or One Zone On a Lot
When a lot contains more than one use, each use shall conform to the provisions of this By-
law for such use in the zone where it is located. When a lot is divided into more than one zone,
each such portion of the lot shall be used in accordance with the provisions of this By- law for
the applicable zones.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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d)
Restrictions on Changes
i)
The purpose for which any land or building is used shall not be changed, no new
building or addition to any existing building shall be erected and no land shall be
severed from a lot, if such change, erection or severance creates a situation that
contravenes any of the provisions of this By-law applicable to each individual
remaining building, accessory building or lot.
ii)
Notwithstanding the provisions of clause (i) of this Subsection, no person shall be
deemed to have contravened any provisions of this By-law if only a part or parts of
any lot or parcel has or have been conveyed to or acquired by the Municipality, the
County of Grey, Her Majesty in the Right of Ontario or Canada.
e)
Movement of Buildings
No building shall be moved without a permit from the Chief Building Official and approval
of the road authority having jurisdiction, if required.
5.3
Non-Complying Lots, Buildings & Structures
a)
Non-Complying Lots
Notwithstanding anything contained in this By-law, a lot in existence prior to the passage of
this By-law, which lot lacks either the required frontage and/or area, for a lot in the respective
zone, may be used and buildings thereon may be erected, enlarged, repaired or renovated
provided that:
i)
The description of such parcel is the same as in a deed registered on or prior to the
date of passing of this By-law;
ii)
All relevant provisions of The Planning Act, R.S.O. 1990, have been complied with;
iii)
Such parcel has a frontage of 10 metres minimum to a public highway;
iv)
The lot is adequately sized to accommodate a means of water supply and sanitary
waste disposal. The determination of adequacy may require an on-site servicing report
prepared by a qualified professional; and
v)
The use conforms with the By-law and any erection, enlargement, repair or renovation
complies with all other provisions of this By-law.
b)
Non-Complying buildings and structures
Nothing in this By-law shall prevent the enlargement or extension of a building or structure
which, at the date of the passing of this By-law is used for a purpose specifically permitted
within the Zone in which such building or structure is located, but which does not comply
with one or more of the zone provisions provided such enlargement or extension does not
further contravene any of the provisions of this By-law. Examples of such contraventions may
include the further encroachment into a required yard, an increase in floor area or volume in
a required yard, or in any other way increasing a situation of non-compliance.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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5.4
Non-Conforming Uses, Buildings and Structures
The provisions of this By-law shall not apply to prevent the use of any lot, building, or structure for
any purpose prohibited by the By-law if such lot, building, or structure was lawfully used and legally
established for such purposes on the date of the passing of this By-law, so long as it continues to be
used for that purpose.
a)
Building Permit Issued
Nothing in this By-law shall apply to prevent the erection or use, for a purpose prohibited by
this By-law of any building or structure, the plans for which have, prior to the date of passing
of this By-law, been approved by the Chief Building Official, so long as the building or
structure when erected is used and continues to be used for the purpose for which it was
approved.
b)
Change in Use
No change in the use of any land, building or structure shall be permitted, unless such change
in use complies with the permitted uses within the zone in which such land, building, or
structure is located or unless such change has been approved through an amendment to this
By-law.
c)
Exterior Extension, Permitted
No building or structure, which at the date of passing of this By-law was used for a purpose
not permitted within the zone in which it is located, shall be enlarged or extended unless such
building is thereafter to be used for a purpose permitted within such Zone and complies with
all requirements of this By-law or the granting of a minor variance.
d)
Interior Alterations, Permitted
Nothing in this By-law shall prevent the reconstruction or alteration of the interior of any
building or structure which, at the date of passing of this By-law was used for a purpose not
permitted in the Zone in which it is located, in order to render such interior more convenient
or commodious for the same purpose for which, at the passing of this By-law, such building
or structure was used.
e)
Reconstruction of Damaged Buildings or Structures
Nothing in this By-law shall prevent the reconstruction of any building or structure that is
damaged by causes beyond the control of the owner, subsequent to the date of the passing of
this By-law, provided the reconstruction of such building or structure does not increase the
height, size, or volume of the building or structure, change the use of the building or structure,
or reduce or eliminate any parking spaces, loading spaces, or landscaped open space area which
existed prior to said damage, except where such increase in height, size, or volume, change of
use or decrease in parking space, loading spaces, or landscaped open space areas complies with
the provisions of the Zone in which such building or structure is located.
f)
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of
any building or structure or part thereof lawfully used at the date of passing of this By-law,
whether or not the use of such building or structure at the date of passing of this By-law is
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
45
permitted within the Zone in which such building or structure is located, provided that the
strengthening or restoration does not increase the building height, size, or volume, or change
the use of such building or structure or part thereof, except where an increase in height, size,
or volume, or change of use would comply with the provisions of the Zone in which the
building or structure is located.
5.5
Setback Requirements
a)
Setbacks in Built-up Areas
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
building is to be erected within a defined settlement area where there is an established building
line, such building may be erected closer to the street line than required by this By- law,
provided such building is not erected closer to the street line than the average setback of the
buildings on the lots immediately adjacent on each side, providing such adjacent buildings are
not more than 30 metres apart. At no time shall the established front yard be less than 4 metres
in any other zone.
For the purposes of this By-law, a defined settlement area shall include all Urban and Hamlet
areas in the Municipality, and shall not include any rural subdivisions, rural residential lots or
shoreline residential areas.
b)
Setbacks and Side Yard Setbacks on Major Roads
Notwithstanding any other provisions of this By-law, where a building or structure is located
adjacent to a provincial Highway or County Road, setbacks shall be provided and maintained
in accordance with the following provisions:
Road
Distances in Metres from Center Line of Road
Provincial Highway No. 10
35 metres*
All Grey County Roads
22.9 metres*
*Exceptions:
i)
That such greater setbacks as required by the Ministry of Transportation or the
County of Grey shall be provided and maintained.
ii)
County Road setbacks are determined from the center line of the traveled portion of
the road, rather than the center line of the County Right-of-way.
iii)
All lands within defined Settlement Areas are exempt from Section 5.5 b)
requirements.
c)
Setbacks from Lakes, Watercourses, Slopes, Floodplains and Hazard Lands
Notwithstanding any yard provision of this By-law to the contrary, the greater of the following
setbacks apply to all lands in all zones:
i)
Except where specifically defined by this by-law, no building or structure shall be
constructed, and no site alteration shall occur closer than 30 metres from the high
water mark of a Cold or Warm Water Stream or Lake.
ii)
No building or structure shall be constructed in any Zone, which is Closer than 15
metres from the edge of an open municipal drain.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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iii)
No building or structure shall be constructed closer than 15 metres of any top of bank
or the escarpment brow, the slope of which is greater than 33% or 3:1, unless a
geotechnical soils report is prepared to the satisfaction of the Municipality in
consultation with the Conservation Authority.
Refer to the County of Grey Official Plan Appendix B: Constraint Mapping Map 2 to
determine the location of Streams/Rivers, Lakes and other Wetlands; however in the event
that any streams/rivers or lakes are apparent near the subject lands yet have not been mapped
on Appendix B, the provisions stated above will still apply. Additional information is available
at applicable Conservation Authority offices.
d)
Setbacks from Provincially Significant Wetlands
All lands located within 120 metres of a Provincially Significant Wetland, as defined by the
Wetland (W) Zone on the Schedules to this By-law, are subject to a holding provision in
accordance with Section 36.(1) of the Planning Act, RSO, 1990, as amended. No building or
structure shall be erected and no site alteration shall occur within 120 metres of a Provincially
Significant Wetland unless the holding provision is removed. Removal of the holding
provision will require the preparation of an Environmental Impact Study to the satisfaction of
the appropriate approval authority, which demonstrates that there will be no negative impacts
on the natural features or the ecological functions for which the area is defined.
e)
Setbacks from Threatened and Endangered Species Habitat
Notwithstanding any yard provision of this By-law to the contrary, no building or structure
shall be constructed, and no site alteration shall be permitted within Threatened and
Endangered Species habitat.
f)
Setbacks from Existing and Abandoned Landfill Sites
All lands located within 500 metres of an existing or abandoned landfill site are subject to a
holding provision in accordance with Section 36.(1) of the Planning Act, RSO, 1990, as
amended. No building or structure shall be erected and no site alteration shall occur within
500 metres of an existing or abandoned landfill site unless the holding provision is removed.
Removal of the holding provision will require the preparation of an Environmental Impact
Study to the satisfaction of the appropriate approval authority, indicating that the lands to be
developed are secure from potential methane gas and/or leachate migration from the landfill
site. The requirement for an Environmental Impact Study may not be required if Provincial
monitoring has occurred, or Provincial policy and guidelines have been met which addresses
methane gas and/or leachate migration.
Please refer to Figure 1: General Provisions - Setbacks & Special Constraint Areas to
determine the location of Existing and Abandoned Landfill Sites. Additional information is
also available in the Municipality of Grey Highlands Official Plan.
g)
Through Lots
Where a lot which is not a corner lot has frontage on more than one street, the setback and
front yard requirements contained herein shall apply on each street in accordance with the
provisions of the Zone or Zones in which such lot is located.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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NOTE: Figure 1: General Provisions - Setbacks & Special Constraint Areas is located on
the following two pages. The holding constraints applied by features in Figure 1 have been
incorporated into the consolidated schedules A-F. Viewers of Figure 1 are advised to also review
the zone schedules in combination with the constraint schedule to achieve the most accurate
information . The Grey Highlands Planning Department strives to provide the most up to date
information possible, however the viewer is advised to carry out thorough research and consult
the planning staff.
N.E.P. BOUNDARY
THE MUNICIPALITY OF GREY HIGHLANDS
COMPREHENSIVE ZONING BY-LAW
FIGURE 1
TO
BY-LAW 2004-50
GENERAL PROVISIONS--SETBACKS
SPECIAL CONSTRAINT AREAS
KARST TOPOGRAPHY
AREA OF NATURAL AND
SCIENTIFIC INTEREST
DEER WINTERING AREAS
EXISTING / KNOWN ABANDONED
LAND FILL SITES
ENDANGERED OR THREATENED SPECIES HABITAT
/SIGNIFICANT WILDLIFE HABITAT
COLD/WARM WATER STREAMS
COLD LAKE / WARM LAKE
/ COOL WARM LAKE
N.E.P. BOUNDARY
150
0
300
SCALE = 1:150,000
600
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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5.6
Accessory Uses
a)
Permitted Uses
Accessory uses, buildings or structures shall be permitted only where they have been identified
as a permitted use in a respective zone within the Municipality of Grey Highlands, and shall
not:
i)
be used for human habitation;
ii)
be used for the purposes of a Home Occupation;
iii)
exceed 5% of the lot area up to the maximum lot coverage permitted;
iv)
not include the open storage of goods or materials, except where specifically
permitted in this By-law;
v)
be considered an accessory structure or building if attached to the main building in
any way, or if located completely underground;
vi)
be erected prior to the main building, except as permitted in Section 5.17 -
Permitted Uses in any Zone of this By-law.
vii)
exceed 7.0 metres in height in a Residential or Commercial Zone;
viii)
be built within 1.5 metres of the main building;
ix)
be built closer to the front lot line (within the front yard) than the main building on
the lot except:
1. Accessory buildings or structures may be located in the front yard of the lot
provided that the said lot has frontage upon either Lake Eugenia, Irish Lake,
Wilcox Lake, or Brewster's Lake.
2. Accessory buildings and structures may be located in the front yard within the
Agriculture (A1), Restricted Agriculture (A2), and Rural (RU) Zones, provided
such buildings or structures meet the minimum front yard setback requirements
and the property comprises a minimum of 15 hectares.
b)
Setbacks for Accessory Buildings and Structures
Notwithstanding any other provisions of this By-law to the contrary, an accessory building or
structure, including a detached private garage, shall be permitted to be erected and used in
accordance with the following provisions:
i)
Where an accessory building or structure is to be located in an interior side yard or
rear yard, it shall not be closer than 1.5 metres (4.9 feet) to the interior side lot line,
or the rear lot line, except for the following:
a) that such other setbacks as may be defined for accessory buildings or structures
within a specific Zone in this By-law shall apply.
b) that a portable or floating boathouse, dock or boat lift, may be located on the rear
lot line provided that the approval of any other authority having jurisdiction has
been obtained.
c) that common or mutual semi-detached garages, erected simultaneously on both
sides of the lot line as one building, may be centered on the mutual side and/or
rear lot line, with respect to the common or dividing wall of said building.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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ii)
all accessory buildings and structures, whether located in a rear yard or side yard, shall
comply with the setback provisions applicable to the principle or main building on
the lot where such rear or side yard abuts a public street.
iii)
Notwithstanding the yard and setback provisions of this By-law to the contrary,
awnings, clothes poles, flag poles, garden trellises, retaining walls, permitted signs, or
similar uses shall be permitted in any required yard or in the area between the street
line and the required setback.
5.7
Swimming Pools
Notwithstanding any other provisions of this By-law to the contrary, a swimming pool shall be
considered lot coverage and shall be permitted as an accessory use to any permitted residential use.
a)
In the side yard of any lot if, no part of such pool or associated deck is located closer to any lot
line than the minimum distance required for the principal building on such lot, and
b)
In the rear yard of any lot if no part of such pool or associated deck is located closer to any lot
line than the minimum distance required for any accessory building located on such lot.
c)
Every swimming pool shall be enclosed by a fence with a lockable gate in accordance with all
Municipal By-laws and shall have a minimum height of 1.5 metres above average grade level.
d)
Any building or structure, other and a dwelling, required for changing clothing or for pumping
or filter facilities, or other similar uses, complies with the provisions of this By-law respecting
accessory buildings on such lot.
5.8
Yard Encroachments Permitted
Every part of any yard required to be provided in any Zone shall be open and unobstructed by any
structure from the ground to the sky, except that:
a) Ornamental Structures such as; sills, chimneys, cornices, eaves, gutters, parapets, pilasters,
overhangs, or gutters may project into any required yard or setback a maximum of 0.5 metres.
b) Unenclosed porches, balconies, steps, and patios, may project into any required yard or setback a
maximum of 1.5 metre provided that, in the case of porches, steps, or patios, such uses are not
more than 1 metre above grade. The exception is that where the required setback is only 1.5 metres,
then the permitted encroachment shall be limited to 1 metre.
c) Fences, freestanding walls, flagpoles, antennae, light standards and similar structures and
appurtenances, and hedges, trees and shrubs are permitted in any yard except that:
i.
no structure, hedge or obstruction that is more than 0.75 metres in height is permitted
within 3 metres of any street line; and
ii.
no structure, hedge or other obstruction is permitted in a sight triangle except as
provided for.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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5.9
Dwelling Units
No dwelling unit shall, in its entirety, be located below grade, except where one wall of the dwelling
unit is completely exposed to the exterior and contains a door and windows for the dwelling unit below
grade.
5.10 Height Restrictions
a)
No building or structure shall exceed a height of 11 metres or 2.5 stories except as otherwise
provided for in this By-law. However, height restrictions included in this by-law do not apply
to the following buildings and structures provided the use is a permitted use within the Zone
in which it is located:
-
agricultural buildings and structures
-
clock tower
-
air conditioner duct
-
flag pole
-
belfry
-
grain elevator or feed mill
-
bridge
-
communications tower or antenna
-
chimney
-
church spire
-
water tower
b)
No fence shall exceed 1.8 metres in height in the Residential (R), Residential Multiple (RM),
Rural Residential (RUR) or Residential Shoreline (RS) zones, except where such a fence would
directly enclose a tennis court, or where a fence encloses an above ground swimming pool,
provided such fencing is a maximum of 2.5 metres in height, and located 3 meters from the
lot line.
5.11 Home Occupations
No home occupation shall be permitted in any zone unless defined as a permitted use and conforms
to the following provisions:
i)
Shall not be located in an outbuilding or accessory building or structure;
ii)
Not more than 25% of the gross floor area of the dwelling house or unit is used for the
purpose of home occupation uses, except in the case of a Bed and Breakfast which shall be
limited to 4 guest rooms. In addition, where a Bed and Breakfast establishment and a separate
home occupation exist in the same dwelling, a maximum of 25% of the gross floor area of the
dwelling shall be used for these purposes;
iii)
Only persons residing in the dwelling operate the home occupation;
iv)
There is no display visible from outside the premises, other than a legal sign no larger than 1
square metre, to indicate that any part of the dwelling house, unit or lot is being used for a
purpose other than residential, and shall not illuminate;
v)
Such home occupation is clearly secondary to the main residential use and does not change
the residential character of the dwelling house or unit nor create or become a public nuisance,
particularly in regard to traffic, parking, noise, noxious odours, or emission of smoke;
vi)
One additional off-street parking space is provided for every 24 square metres of floor space
occupied for business or professional purposes, OR, in the case of a bed and breakfast
establishment, one additional off-street parking space for each guest room. Refer to Table 2
in Section 5.14 a) of this By-law.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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vii)
Such home occupation uses may include a business or professional office, a domestic or
household art, a medical or drugless practitioner, however, a health clinic, day nursery, day
care centre, nursing home, private hospital, veterinary clinic, and an animal kennel shall be
deemed not to be a home occupation;
viii)
The operation of a barber or beauty shop shall be limited to one operator at any one time;
and;
ix)
No outdoor storage or display of materials or goods in support of such home occupation
shall be permitted.
5.12 Home Industry
No home industry shall be permitted in any zone unless defined as a permitted use and conforms to
the following provisions:
a) Not more than 60 square metres (646 square feet) of an accessory building is used for the home
industry.
b) Persons residing in the dwelling operate the home industry;
c) Only one outside employee that does not reside in the residence shall be permitted;
d) There is not more than one non-luminous business identification sign advertising the business,
other than a legal sign no larger than 1 square metre (11 square feet), to indicate to persons outside,
that any part of the lot is being used for home industry purposes;
e) There shall be no retail sales from the property.
f) Such home industry is clearly secondary to the main residential use of the lot and does not change
the residential character of the dwelling house or unit nor create or become a public nuisance,
particularly in regard to traffic, parking, noise, noxious odours, or emission of smoke;
g) Such home industry uses may include a carpentry shop, welding shop, plumbing shop, electrical
shop, and small appliance repair; however, a public garage shall not be considered a home industry.
h) One additional off-street parking space is provided for every 24 square metres of floor space
occupied for business or professional purposes;
i)
No outdoor storage or display of materials or goods in support of such home industry shall be
permitted;
j)
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the home industry in order to protect groundwater
resources.
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5.13 Small-Scale Commercial & Industrial
No small-scale commercial or industrial use shall be permitted in any zone unless defined as a permitted
use and conforms to the following provisions:
a) May be located in an outbuilding or accessory structure, provided the maximum area of all
buildings and or structures used for the small-scale use does not exceed 250 square metres (2,691
square feet)
b) No portion of a lot shall be used for the open display, storage or sale of products or materials,
commodities or stock-in-trade unless the following provisions are complied with:
-
such open storage does not cover an area greater than 750m2;
-
the storage area is situated behind the front or exterior wall of the principle building
facing the front lot line, and complies with all other yard requirements of the By-law;
-
any area of the lot used for open storage shall be screened from public exposure by
buildings and/or a planting strip and/or a fence.
c) Maximum number of employees: Equivalent of five full time positions in addition to the owner.
d) All waste by-products of the operation must be properly disposed of off-site, and in particular, the
organic waste by-products may not be placed on-site or within any Hazard Land areas as defined
in this By-law.
e) The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale use in order to protect groundwater
resources.
5.14 Parking and Loading Space Standards
a) Parking Space Requirements:
The owner of every building or structure erected or used for any of the purposes hereinafter set forth
shall provide and maintain for the sole use of the owner, occupant or other person entering upon or
making use of the said premises from time to time, parking spaces and areas as set out in Table 2.
Table 2: Parking Space Requirements
A. Residential
Apartment, triplex, fourplex
1.25 per dwelling unit, plus 1 visitor parking space per 2 dwelling
units or part thereof
Bed and Breakfast
2 per dwelling unit plus 1 for each guest room
Dwellings - Detached, semi-detached,
duplex, converted
2 per dwelling unit plus additional spaces as may be required for
any home occupation/industry uses.
Dwelling other than those listed herein
2 per dwelling unit
Home Occupation
2 per dwelling unit plus 1 for each 24 square metres of floor
spaced occupied by the home occupation
Rooming/boarding house
2 per dwelling unit plus 1 for each room for rent
Senior Citizens Apartment
1 per dwelling unit plus 1 visitor parking space per 5 dwelling
units or part thereof
B. Institutional
Auditoriums, Theatres, Arenas,
Convention Centres, Stadium, Clubs
1 per 5 seats, or 1 per 4 square metres of gross floor area,
whichever is the greater of the two
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Fire Hall
5 per bay
Hospitals
1 per 2 beds, or 40 square metres of gross floor area, whichever
is greater of the two
Library
1 per 40 square metres of gross floor area
Medical, dental, or drugless practitioners
office or clinic
1 per 18.5 square metres
Place of worship
1 per each 5 persons of maximum design capacity
Rest Home or Nursing Home
1 per each 4 persons of maximum design capacity
Schools, Elementary
1.5 per each teaching classroom
Schools, Secondary
4 per each teaching classroom
C. Commercial & Industrial
Bowling alley or curling rink
1 per each 4 persons of maximum design capacity of the
establishment
Car Wash - automatic
10 in advance of and 3 at the terminus
Car Wash - self serve
2 per wash stall
Funeral Home
1 per 5 seats with a minimum of 10 spaces, or 1 per 20 square
metres of gross floor area, whichever is greater
Golf Course
2 per golf green or 25 per 9 holes, whichever is greater
Grocery Stores & Large-Scale Retail
1 per 20 square metres of gross floor area
Hotels and Motels
1 per guest room or suite
Manufacturing, Service Industrial
1 per each 40 square metres of gross floor area up to 3,000
square metres and 1 space per each 200 square metres of gross
floor area above 3,000 square metres.
Marina
1 per 20 square metres of total retail floor area plus 1 for each
boat slip provided
Motor Vehicle Repair
Establishment/Service Station
3 per repair bay
Motor Vehicle Sales & Service
Establishment
1 per 10 square metres of gross floor area and 3 per repair bay
Motor Vehicle Washing Establishment
2 per washing bay or stall
Office, including government buildings
1 per 30 square metres of gross floor area
Restaurant (eat-in or take-out)
1 per each 4 persons of maximum design capacity or 1 per 20
square metres of gross floor area, whichever is the greater
Retail Establishments, Service Shops
1 per 20 square metres of gross floor area
Shopping Mall/Plaza
5 per 100 square metres of leasable floor space
Social or Service Club
1 per 10 square metres of gross floor area of all habitable club
buildings plus: 4 per lawn bowling green; 4 per tennis or racquet
ball court.
Sports Field
1 per 5 seats or 3 metres of bench space of maximum seating
capacity, or 1 per 800 square metres of gross field/floor area,
whichever is the greater of the two
Tavern, Pub, Bar, Drinking Establishment
1 per 4 seats of a maximum seating capacity
Wholesale, warehousing, and storage
1 per each 100 square metres of gross floor area up to 3,000
square metres and 1 space per each 200 square metres of gross
floor area above 3,000 square metres.
D. Other Uses
Uses permitted by this By-law other than
those listed herein
1 per 40 square metres of gross floor area
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b)
Loading Space Requirements
The owner or occupant of any lot, building or structure erected or used for any purpose, other
than a farm, involving the receiving, shipping, loading or unloading of persons, animals, good,
wares, merchandise or raw materials, shall provide and maintain at the premises, facilities
comprising one or more loading spaces, in accordance with the following:
Table 3: Loading Space Requirements
Gross Floor Area of Building
Minimum Loading Facilities Required
A. Commercial Uses
175 square metres or less
None
176 square metres to 1,000 square metres 1 loading space*
over 1,000 square metres
2 loading spaces plus a minimum of 1 additional loading space
for each 500 square metres or fraction thereof in excess of 1,000
square metres*
B. Industrial Uses
500 square metres or less
1 loading space*
501 square metres to 2,000 square metres 2 loading spaces*
2,001 square metres to 7,500 square
metres
3 loading spaces*
over 7,500 square metres
3 loading spaces, plus 1 additional loading space for each
additional 1,000 square metres of gross floor area or fractional
part thereof*
*In addition to the above number of loading spaces, space shall be provided for the parking
of vehicles awaiting access to loading spaces.
c)
Uses Not Specified
In the case of a use not specifically mentioned in Clause a) of this Subsection, the requirements
for off-street parking shall be based on the requirement for the most comparable use specified
therein.
d)
Access to Parking and Loading Spaces
i)
Access to the required parking spaces and parking areas shall be provided by means
of unobstructed driveways or passageways at least 3 metres but not more than 9
metres in width. Access to the required loading spaces shall be provided by means of
a driveway at least 6 metres wide contained within the lot on which the spaces are
located and leading to a street or land located within or adjoining the zone in which
the use is located.
ii)
The aisles between parking spaces within a parking area shall have a minimum width
of 6 metres.
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iv) The maximum width of any combined ingress and egress driveway, measured along the
street line shall be 9 metres.
iv) No driveway shall be established closer than 1 metre to a side lot line, provided this shall
not apply to prevent the establishment of abutting driveways along a common lot line
if their combined width does not exceed 9 metres.
e)
Cash-in-lieu of Parking
Notwithstanding the parking requirements of this By-law, the Municipality, at its sole
discretion, may accept cash-in-lieu of parking. In accordance with Section 40.(1) of the
Planning Act, RSO, 1990, as amended, where an owner must provide parking facilities, Council
may enter into an agreement exempting the owner or occupant from the requirement of
providing or maintaining parking facilities. The agreement, and the acceptance of cash-in-lieu
of parking shall only be considered by Council for lands designated Downtown Area or
Hamlet according to the Municipality of Grey Highlands Official Plan.
f)
Changes in Use / Additions to Existing Use
i)
Whenever a use is changed or enlarged in floor area, number of employees, number
of dwelling units, seating capacity or otherwise as would require an additional number
of parking space or loading spaces, then such additional parking and loading shall be
provided on the same basis as Subsection 5.13 a) and b).
ii)
When a building or structure has insufficient loading spaces on the date of passing of
this By-law to comply with the requirements herein, this By-law shall not be
interpreted to require that the deficiency be made up prior to the construction of any
addition. However, no addition may be built and not change of use may occur, if the
effect of which would be to increase that deficiency.
g)
Illumination of Parking and Loading Areas and Driveways
When parking and loading areas and/or driveways are illuminated, lighting fixtures shall be so
arranged to divert the light away from adjacent lots and/or streets.
h)
Location on Other Lots
The required parking and loading areas shall not form a part of any street or lane. The required
areas shall be provided on the lot occupied by the building, structure, or use, for which the
said area is required. Unless otherwise provided for herein, parking spaces may be located in
any yard but not closer than 1.5 metres to any lot line. Parking may not be located any closer
than 3 metres from a public street.
i)
Mixed Occupancies
In the case of two or more uses in the same building or on the same lot, the total requirements
for off-street parking and loading spaces shall be the sum of the requirements for the several
uses computed separately. Parking and loading facilities for one use shall not be considered as
providing required parking or loading for any other use.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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j)
Parking and Loading Space Dimensions
i. A parking space shall have a minimum length of 5.8 metres and a minimum width of
2.75 metres measured at right angles to the length.
ii. A loading space shall have a minimum length of 9 metres, a minimum width of 3.75
metres, and a minimum vertical clearance of at least 4 metres,
k)
Use of Parking Areas
Where a parking area or parking space is required by the By-law in any Zone, no person shall
use such parking area or parking space for parking any motor vehicle unless such motor vehicle
bears a motor vehicle license plate or sticker which is currently valid.
l)
Surface
The required driveways and loading spaces shall be provided and maintained with a concrete,
asphalt, or bituminous double surface treatment, or such other surface as approved by the
Municipality.
5.15 Outdoor Storage
a)
The open storage of goods and materials shall be permitted in a side or rear yard only and shall
be screened by a landscaping strip or a fence, not less than 2 metres (6.5 feet) in height.
b)
Notwithstanding the provisions of clause (a) above, no side yard setback or rear yard setback
abutting a residential or institutional use or zone shall be used for open storage.
5.16 Outside Display and Sale of Goods and Materials
Where outside display and sale of goods and materials is permitted the following provisions shall be
complied with:
a)
Such outside display and sale is accessory to a commercial use carried on in an enclosed
building, or portion thereof, on the same lots;
b)
The area used for outside display and sale shall not be more than twice the floor area above
grade of the commercial building, or portion of any such building constructed upon the lot,
and used for the commercial purposes for which outside display and sale is permitted, and in
any event, such area for outside display and sale shall not be more than thirty-five (35) percent
or the lot area.
c)
Where lighting facilities are provided they shall be so arranged as to deflect the light onto the
outside display and sale area, and away from adjoining properties and streets;
d)
The area used for outside display and sale shall provide side and rear yards in accordance with
the provisions for the zone in which the land is situated, but in any event shall not be closer
to any side or rear lot line than 3.0 metres (9.8 feet);
e)
The area used for outside display and sale shall be surfaced and maintained with either
concrete, asphalt, crushed stone and other hard surface and dust free materials, or maintained
as a lawn;
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5.17 Permitted Uses In All Zones
Nothing in this By-law shall prevent the following:
a)
The use of any land as a public street or public park.
b)
The use of any land for the erection of buildings or structures, or the installation of other
facilities essential to the operation of public utilities, provided that any such use, building or
structure shall be in substantial compliance with the relevant provisions of this By-law and
shall not adversely affect the character or amenity of the neighbourhood in which same is
located.
i)
Any above ground non-recreational public use, which is located in a Residential Zone,
shall be enclosed in a building designed, located and maintained in general harmony
with the permitted Residential buildings in such zone.
c)
The use of any land, or the erection or use of any building or structure for a temporary
construction camp, work camp, tool shed, scaffold, or other building or structure incidental
to and necessary for the construction work on the premises, but only for as long as such use,
building or structure is necessary for such construction work which has not been finished or
abandoned.
d)
Any building, structure, use, service or utility of any department of the Corporation of the
Municipality of Grey Highlands, the Corporation of the County of Grey, or the Provincial or
Federal Government, provided any buildings erected or used shall be designed and used in a
manner compatible with the area in which it is located.
e)
An undertaking of Hydro One Inc. (as defined in subsection 2(1) of the Electricity Act, 1998)
or Ontario Power Generation (as defined in subsection 2(1) of that Act) that has been
approved under the Environmental Assessment Act, provided such undertaking is not located
within a Provincially Significant Wetland. A reference to a corporation is deemed to include a
subsidiary of that corporation.
5.18 Prohibited Uses in all Zones
a)
All uses of land and the erection or use of any building or structure for a purpose not permitted
under the "Permitted Use' Subsection of one or more Zones established by this By-law are
and shall be deemed to be prohibited in each Zone, except for those uses of land and the
erection or use of any building or structure for a purpose expressly permitted under the
applicable provision of Section 5 hereof.
b)
Any use declared under the Public Health Act, or any regulations adopted there under to be a
noxious trade, business or manufacture by reason of its nature or the materials used therein is
prohibited. In addition, no land building or structure shall be used for any purpose, which is
obnoxious, which creates or is likely to become a nuisance or offensive or both:
i)
By the creation of noise or vibration;
ii)
By reason of the emission of gas, fumes, smoke, dust, or objectionable odour;
iii)
By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
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matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other
such material; or
iv)
By any combination of these things described in clauses (i), (ii), and (iii) of this
Subsection.
c)
Dangerous Uses Prohibited
No land, building or structure, except automobile service stations and duly licensed
installations for the bulk storage of gasoline, lubricating and fuel oil, is permitted for
commercial or industrial purposes which are likely to create danger to health, or danger from
fire or explosion which without limiting the generality of the foregoing shall include storage
or manufacture of coal oil, water oil, rock oil, fuel oil, burning fluid, gas, naphtha, benzene,
gasoline, dynamite, dualine, nitro-glycerin, gunpowder, petroleum and petroleum products,
unless protected by adequate fire fighting and fire prevention equipment and by such safety
devises as required for the safe handling of such material.
d)
Truck, Bus and Trailer Occupation
No person shall, in any Zone, use any travel trailer, motor home, mobile home, park model
trailer, truck camper, truck, bus, coach, streetcar body, railway car body, or similar structure of
any kind, for the purpose of a residence. No such structure shall be considered a dwelling unit,
or be used for human habitation, whether or not the same is mounted on wheels or other form
of mounting or foundation.
5.19 Pits and Quarries
Except for wayside pits, the making or establishment of pits and quarries is prohibited in any zone
other than an Extractive Industrial MEX Zone. Temporary wayside pits or quarries may be permitted
in any Rural or Agriculture Zone subject to the provisions of the relevant Zone.
5.20 Landscaping Strip
Where a commercial, institutional, or industrial use is established opposite a residential zone or abuts
a side or rear lot line in a Residential Zone, then a planting strip and/or fence adjoining such abutting
lot line, or portion thereof, shall be provided on the commercial, industrial, or institutional lot, in the
case of a planting strip with a minimum width of 3 metres (9.8 feet).
5.21 Residential Use Restrictions
a)
No person shall erect or use any building as a dwelling or cottage upon any lot whereon there
then exists, or is in the course of construction, or for which a building permit has been issued,
for another residential dwelling.
b)
Notwithstanding anything contained in this By-law, no person shall use or occupy any building
for residential purposes unless such building is serviced with a municipal water supply or by a
pressure or gravity fed water supply system, where hydro is available on the frontage or
flankage, and with a municipal sanitary sewer system or an approved septic disposal system.
5.22 Sight Triangles
Within any area defined as a sight triangle, the following uses shall be prohibited:
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a)
A building, structure or use, which would obstruct the vision of drivers of motor vehicles;
b)
A fence, tree, hedge, bush, or other vegetation, the top of which exceeds 1 metre in height
above the elevation of the street line; or
c)
A finished grade, which exceeds the elevation of the street line by more than 1 metre.
5.23 Signs
Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign, provided such
sign complies with the By-laws and requirements of the Municipality of Grey Highlands, County of
Grey and Ministry of Transportation for regulating signs and provided such sign complies with the
provisions of this By-law regarding sight triangles. In the absence of a Municipal Sign By- law, signs
may be permitted in any yard, subject to Site Plan Control Approval which will consider such issues
as; setbacks, safety considerations (i.e. sight lines, distracting nature of sign to passing motorists),
impacts on adjacent properties and access.
5.24 Storage of Special Vehicles
No person shall use any lot, which is zoned Residential (R) or Residential multiple (RM) for the purpose
of parking or storing a boat, snowmobile, recreational trailer or recreational vehicle in the front or
exterior side yard.
5.25 Storage of Unlicensed Vehicles, Trailers and Commercial Vehicles
a)
The parking or storage of an unlicensed motor vehicle or an unlicensed trailer shall be
prohibited unless it is stored in an enclosed garage or other accessory building.
b)
No lot, building or structure in any Residential Zone shall be used for the parking or storage
of any commercial vehicle (licensed or unlicensed), unless:
i)
The vehicle is owned or used by the owner or occupant of such lot, building or
structure;
ii)
The commercial vehicle has a maximum carrying capacity of 2000 kilograms; and
iii)
Provided that not more than one commercial vehicle is stored in accordance with
this Section.
5.26 Renewable Energy Systems
5.26
Renewable Energy Systems
No renewable energy system shall be permitted in any zone unless defined as a permitted use and
conforms to the following provisions:
a) All renewable energy systems shall be subject to site plan control approval. Refer to the Municipality
of Grey Highlands Site Plan Control Manual for details on how site plan control will be applied to
renewable energy systems.
b) A maximum of one (1) renewable energy system exceeding micro scale shall be permitted per
property. Multiple micro scale systems are permitted on a single property.
c) No renewable energy system is permitted within lands operating under a mineral/aggregate extraction
license. The Municipality may consider a application for a micro or small scale renewable energy
system in a licensed area subject to either a minor variance or Zoning By-law Amendment
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application that would consider the tests of the Official Plan.
d) This Section must be read in conjunction with additional reference and requirements found in Section
3: Definitions, and Section 5.5 Setback Requirements
e) Prior to the approval of a new renewable energy system, the proponent shall ensure that where there
is a vacant lot of record in the vicinity of the project upon which a point of reception could be built
in accordance with the local zoning for the property, the proponent must model and demonstrate that
the receptor could be built on the property without being subjected to adverse effects. This shall be
accomplished by demonstrating that a one hectare building envelope exists on a portion of the
property that would reasonably be expected to contain the use and which conforms to the following
provisions. Where a one hectare building envelope is not available due to existing site constraints or
lot size, then the actual available building envelope should be modeled.
i)
Located outside of natural heritage constraints (i.e. Provincially Significant Wetlands,
Significant Woodlots); and
ii)
Located outside of obvious site constraints such as steep topography, karst topography, or
other natural hazard lands; and
iii) Located such that safe and reasonable access is available; and
iv) Is consistent with the typical building pattern in the area or recognizes unique site attributes that
would relate to building location such as amenity areas or significant viewsheds from the
property; and
v)
Conforms to all other provisions of By-law 2004-50.
vi) Where vacant lots of record comprise less than one hectare, or where less than one hectare of
building envelope is available on the property, then the modeling must demonstrate that the
building envelope is reasonable.
5.26.1
Wind Energy Systems
The following general provisions apply to all wind energy systems:
a) Building permits for all small, medium and large scale wind energy systems shall be referred to
Transport Canada for obstacle and lighting clearance.
b) Building permits for wind energy systems shall be referred to the Ontario Ministry of Transportation,
whose area of permit control extends 45 metres from the limit of a King's Highway or controlled
access highway or within 395 metres of the centre point of an intersection with a King's Highway.
c) No advertising sign or logo shall be visible on any wind turbine.
d) The minimum setback from any Provincial Highway, County Road or local road shall be 1.25 times
the turbine height.
e) The minimum interior side yard setback to any wind turbine shall be equal to the length of the turbine
blade plus 10 metres.
f) The minimum rear yard setback to any wind turbine shall be equal to the length of the turbine blade
plus 10 metres.
g) Shadow flicker experienced at any Point of Reception shall not exceed 30 hours per year, modeled
based on the astronomically worst case conditions, as a result of the operation of a wind energy
system.
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5.26.1.1 Micro Scale Wind Energy Systems
The following provisions apply to micro scale wind energy systems. A micro scale wind energy system:
a) Shall be permitted in Residential (R, RM, RUR, RS), Agricultural (A1, A2), Rural (RU), Commercial
(C1, C2, C3, C4), Institutional (I), Industrial zones (M1, M2), and any other zone where a dwelling is
a permitted use.
b) Shall not exceed 17 metres in height or 10 kilowatts in nameplate generating capacity.
c) Shall be directly attached to a building except in the Agricultural (A1, A2) and Rural (RU) zones
where they may be free standing structures.
d) Building mounted micro wind energy systems shall be sited so that all parts of the system are located
within the yard setbacks or a minimum of 1 metre from any side or rear lot line, whatever is greater.
e) Free standing micro wind energy systems shall be setback a minimum of the height of the turbine
from any interior side yard or rear yard.
f) Shall not exceed a sound level limit of 45 dBA at the property limit within all settlement areas and
40 dBA at the property limit outside of settlement areas.
5.26.1.2 Small Scale Wind Energy Systems
The following provisions apply to small scale wind energy systems. A small scale wind energy system:
a) Shall be permitted in Agricultural (A1, A2), Rural (R), Rural Residential (RUR), Industrial (M1, M2)
and Development (D) zones.
b) Shall require a minimum lot size of 0.6 hectares.
c) Shall be setback a minimum of the height of the turbine from any interior side yard or rear yard.
d) Shall not exceed a height of 38 metres and have a maximum nameplate generating capacity of 50
kilowatts.
e) Shall not exceed a sound level limit of 45 dBA at the property limit within all settlement areas and
40 dBA at the property limit outside of settlement areas.
5.26.1.3 Medium Scale Wind Energy Systems
Medium scale wind energy systems are not permitted in any zone without a site specific zoning by-law
amendment subject to the following minimum setbacks:
a) The minimum setback to off-site Points of Reception & Sensitive Land Uses shall be 300 metres
from any turbine.
b) The minimum setback to on-site Points of Reception & Sensitive Land Uses from any turbine shall
be a distance equal to the height of the turbine.
c) The minimum setback to a Rural Residential Cluster shall be 500 metres from any turbine. A Rural
Residential Cluster shall mean four (4) or more rural residential lots with an average area of 0.8
hectares or less that share a common boundary including lots located directly across a roadway from
one another. Measurements shall be taken as the shortest distance between the lot line of the closest
lot to a proposed turbine.
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5.26.1.4 Large Scale Wind Energy Systems
The following provisions apply to large scale wind energy systems.
a) Large scale wind energy systems are not permitted in any zone without a site specific zoning by-law
amendment.
b) Notwithstanding the requirements of 5.26.1 e) and f) of this By-law, a zero (0) metre setback is
permitted to the common boundary of participating properties forming part of a multiple large scale
wind energy system proposal. For clarity purposes, properties must contain a large scale wind energy
system to be considered a participating property.
c) The minimum setback to off-site Points of Reception & Sensitive Land Uses shall be 300 metres
from any turbine.
d) The minimum setback to on-site Points of Reception & Sensitive Land Uses from any turbine shall
be a distance equal to the height of the turbine.
e) The minimum setback to a Rural Residential Cluster shall be 500 metres from any turbine. A Rural
Residential Cluster shall mean four (4) or more rural residential lots with an average area of 0.8
hectares or less that share a common boundary including lots located directly across a roadway from
one another. Measurements shall be taken as the shortest distance between the lot line of the closest
lot to a proposed turbine.
5.26.2
Solar Energy Systems
No solar energy system shall be permitted in any zone unless defined as a permitted use and conforms to
the following provisions. Large scale solar energy systems are not permitted in any zone without a site
specific zoning by-law amendment.
The following provisions apply to small scale solar energy systems:
a) Small scale solar energy systems shall be permitted in Agricultural (A1, A2), Rural (R), Residential (R,
RM, RUR, RS), Recreational Resort (REC), Commercial (C1, C2, C3, C4), Institutional (I) and
Industrial (M1, M2) zones.
b) Shall be building mounted in all Residential (R, RM, RUR, RS) zones.
c) Shall be building mounted in all zones in settlement areas.
d) Maximum lot coverage for free standing small scale solar systems shall be 10%.
e) Maximum height shall be:
i.
Building height plus 2 metres in all Residential (R, RM, RUR, RS) and the Recreational
Resort (REC) zones.
ii.
Height of building mounted systems in all non-residential permitted zones shall be the
permitted building height plus 3 metres.
iii.
Height of ground mounted systems in all non-residential permitted zones shall be 11
metres.
f) Interior side yard setback for all ground mounted small scale solar energy systems shall be the
principal building setback in the underlying zone less 1 metre.
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5.26.3
Provisions for Biomass Energy Systems
No Biomass energy system shall be permitted in any zone unless defined as a permitted use and
conforms to the following provisions:
a) All biomass energy systems require a site specific zoning by-law amendment.
b) General standards for sites containing a biomass facility include:
i.
Minimum lot frontage shall be 150 metres.
ii.
Minimum lot area shall be 20 hectares.
iii.
Maximum lot coverage shall be 10%.
iv.
Minimum front yard setback (including outdoor material storage) shall be 55 metres.
v.
Minimum interior side yard setback (including outdoor material storage) shall be 14 m.
vi.
Minimum exterior side yard setback (including outdoor material storage) shall be 20 m.
vii.
Minimum rear yard setback shall be 15 metres.
viii.
Maximum building Height shall be 14 metres except where adjacent to a Point of
Reception the maximum height shall be 9 metres.
c) Outdoor storage areas are subject to the following provisions:
i.
Maximum outdoor storage shall be 5% of property area.
ii.
No outdoor storage areas shall be located within the front or exterior side yard.
iii.
Outdoor storage areas shall maintain the same setbacks as required under the general
provisions.
iv.
The maximum height of outdoor storage shall be restricted to 6 metres.
v.
Outdoor storage areas will be screened from public exposure by a continuous 2 metre
high tight board fence.
vi.
Outdoor storage areas will be constructed with a stable surface of compacted gravel,
asphalt, concrete or other binder and treated to prevent the raising of dust and loose
particles.
vii.
Outdoor storage areas shall not be used for parking.
viii.
Lighting from outdoor storage areas will be directed away from Points of Reception,
roads and public right-of-ways.
ix.
Stormwater from outdoor storage areas shall be collected and treated in accordance with
an approved servicing plan to the satisfaction of the municipality, the Ministry of the
Environment and the Conservation Authority. Certificate(s) of Approval will be sought
from the Ministry of the Environment under Section 53 of the Ontario Water Resources
Act, if applicable.
x.
Anaerobic digestate storage are subject to MDS setbacks.
xi.
Certain Biomass systems, such as anaerobic digestion systems are also subject to the
requirements of Ontario Regulation 267/03 of the Nutrient Management Act, 2002,
which provides specific requirements for the receipt and storage of off-farm materials, the
treatment of materials, the storage of outputs (i.e. digestate), and the land application
output materials.
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5.27 Model Homes
Model homes may be constructed in advance of the construction of the main building or main use,
subject to the following provisions:
a) All model homes must be located within a Residential (R) zone or Residential Multiple (RM) zone.
b) Model homes must be located on lands that are subject to a draft approved or a registered plan of
subdivision, plan of condominium or an approved site plan control agreement under the Planning Act.
c) Model homes may be constructed temporarily without connection to a municipal sanitary system
and a municipal water supply system, however, the connections must be in place prior to gaining
approval of future occupancy permits.
d) No model home shall be constructed on a lot until Council or its delegate has passed an authorization
by-law to enter into a model homes agreement for the model homes, or must otherwise approve the
model home agreement. The number of model homes permitted and the time period for the removal
of the model homes, if removal is required, shall be set out in the model home agreement.
5.28 Temporary Sales Office
A temporary sales office may be constructed in advance of the construction of the main building or
main use, subject to the following provisions:
a) The temporary sales office must be located on lands that are subject to either a draft approved or a
registered plan of subdivision, plan of condominium or an approved site plan control agreement under
the Planning Act.
b) At any given time the number of temporary sales offices on a lot shall be a maximum of one (1).
c) Parking Requirements shall be a minimum of five (5) spaces per 100 square metres of GFA.
d) A temporary sales office shall be constructed on a lot with minimum required yards in accordance
with the following required yards:
Required Minimum Yards
i. Front Yard - 7.5 m
ii. Exterior Side Yard - 3.0 m
iii. Interior Side Yard - 1.5 m
iv. Rear Yard - 7.0 m
e) The height of a temporary sales office shall be a maximum of 11.0 m.
f) The maximum ground floor area of a temporary sales office shall be 200 m2.
g) A temporary sales office may be constructed without connection to a municipal sanitary system and
a municipal water supply system, however, the connections must be in place prior to gaining approval
of future occupancy permits.
h) No temporary sales office shall be constructed on a lot until Council or its delegate has passed an
authorization by-law to enter into a temporary sales office agreement for the temporary sales office, or
must otherwise approve the temporary sales office agreement. The removal of the temporary sales
office shall be set out in the temporary sales office agreement.
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5.29 Accessory Apartments
1. Attached Units - One accessory apartment is permitted within or attached to any detached
dwelling, semi-detached dwelling, duplex building, or townhouse in the Downtown Commercial
(C1), Residential (R), Residential Multiple (RM), Rural (RU), Rural Residential (RUR), Residential
Shoreline (RS), Agriculture (A1), and Restricted Agriculture (A2) zones subject to the following
conditions:
a. There is a maximum of one (1) accessory apartment per lot
b. The accessory apartment shall be situated entirely within or attached to the principal dwelling;
c. Notwithstanding any provision in the By-law, accessory apartments shall not require any
additional parking requirements, however, an accessory apartment shall not be permitted
unless a minimum of two (2) parking spaces in total exist on the lot.
d. The yard setback, lot coverage, and height requirements that apply to a main use shall apply
to accessory apartments.
e. An accessory apartment is not permitted on a lot that is non-conforming with respect to lot
frontage or lot area unless the lot has a frontage of at least 50 metres and an area of at least
0.4 hectares.
f.
Accessory apartments must be connected to public services where such services are available.
g. Accessory apartments must be connected to adequate private services where public services
are not available. Section 5.21 of the Zoning By-law provides guidance on the minimum
servicing requirements.
h. In the case of an accessory apartment, home occupations are permitted where already a
permitted use in the zone, although a home-based daycare is not permitted. The provisions
regulating Home Occupations shall treat the main dwelling and the accessory apartment as
separate and independent units regarding the maximum number of employees and the
maximum amount of gross floor area that can be dedicated to the use. There shall be no
additional parking requirements for a Home Occupation in an accessory apartment.
i.
Accessory apartments within the principal dwelling unit are not permitted where the principal
dwelling is located within a Hazard zone.
j.
Accessory apartments within the principal dwelling unit are not permitted where the principal
dwelling is accessed by traversing a Hazard zone unless safe access during flooding or other
emergencies is demonstrated to the satisfaction of the Conservation Authority.
2. Detached Units - One accessory apartment is permitted in an accessory structure in the
Residential (R), Residential Multiple (RM), Rural (RU), Rural Residential (RUR), Residential
Shoreline (RS), Agriculture (A1), and Restricted Agriculture (A2) zones subject to the following
conditions:
a. There is a maximum of one (1) accessory apartment per lot. An accessory apartment is not
permitted where a temporary garden suite already exists.
b. The accessory apartment is located within 75 metres of the principal detached dwelling.
c. The accessory apartment utilizes the same driveway entrance as the principal detached
dwelling.
d. Notwithstanding any provision in the By-law, accessory apartments shall not require any
additional parking requirements, however, an accessory apartment shall not be permitted
unless a minimum of two (2) parking spaces in total exist on the lot.
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e. In the A1, A2, RU, and RUR zones, the yard setback, lot coverage, and height requirements
that apply to a main use shall also apply to accessory apartments. In the R, RM, and RS zones,
the yard setback, lot coverage, and height requirements that pertain to accessory uses per
section 5.6 of the Zoning by-law shall apply.
f.
For clarity, accessory apartments and the related structure in which they are located may be
situated nearer to the front lot line than the main dwelling in the A1, A2, RU, and RUR zones.
g. The accessory apartment is designed to be a permanent, year-round dwelling as per the
Ontario Building Code.
h. Notwithstanding any other provision of the Zoning By-law, on lots that are not located within
a Settlement Area identified in the Official Plan, the accessory apartment must comply with
Provincial Minimum Distance Separation requirements.
i.
An accessory apartment is not permitted on a lot that is non-conforming with respect to lot
frontage or lot area unless the lot has a frontage of at least 50 metres and an area of at least
0.4 hectares.
j.
Accessory apartments must be connected to public services where such services are available.
k. Accessory apartments must be connected to adequate private services where public services
are not available. Section 5.21 of the Zoning By-law provides guidance on the minimum
servicing requirements.
l.
In the case of an accessory apartment, home occupations are permitted where already a
permitted use in the zone, although a home-based daycare is not permitted. The provisions
regulating Home Occupations shall treat the main dwelling and the accessory apartment as
separate and independent units regarding the maximum number of employees and the
maximum amount of gross floor area that can be dedicated to the use. There shall be no
additional parking requirements for a Home Occupation in an accessory apartment.
m. Accessory apartments within the principal dwelling unit are not permitted where the principal
dwelling is located within a Hazard zone.
n. Accessory apartments within the principal dwelling unit are not permitted where the principal
dwelling is accessed by traversing a Hazard zone unless safe access during flooding or other
emergencies is demonstrated to the satisfaction of the Conservation Authority.
3. Cabins - As per the definition of Cabin, Cabins are to be used as casual sleeping quarters that are
accessory to the residential use and are therefore not permitted to be used as a residence.
a. A Cabin shall not be considered as an accessory apartment.
b. One (1) Cabin is permitted per lot in the Rural (RU), Rural Residential (RU), Agriculture (A1),
and Restricted Agriculture (A2) zones provided a main dwelling also exists on the lot.
c. One (1) Cabin is permitted per lot in the Residential Shoreline (RS) zone provided:
i. A main dwelling also exists on the lot.
ii. No accessory apartment exists on the lot.
iii. The lot meets the minimum lot size requirement for the Residential Shoreline zone.
d. A Cabin shall be treated as an accessory use regarding setback and lot coverage requirements.
e. A Cabin shall have a maximum floor area of 20 square metres.
f.
A Cabin shall have a maximum height of 4.5 metres.
g. A Cabin shall not be permitted in a Hazard zone.
h. A Cabin shall be equipped with a smoke detector.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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5.30 Minimum Distance Separation (MDS)
Minimum Distance Separation (MDS) is a tool to determine a distance between a livestock facility and
another land use. The objective is to prevent land use conflicts and minimize nuisance complaints from
odour. MDS does not account for noise and dust. MDS will vary depending upon the type of livestock,
size of the farm operation, type of manure system, and the form of development present or proposed.
Please refer to Section 3 of this By-law for definitions under Minimum Distance Separation.
MDS I provides minimum distance separation for new development from existing livestock facilities.
MDS II provides minimum distance separation for new or expanding livestock facilities from existing
or approved development.
a)
Minimum Distance Separation I (MDS I)
Notwithstanding any setback requirements to the contrary, the minimum allowable distance
between a new or expanding residential, commercial, recreational, industrial or institutional
use and existing livestock and manure facilities is calculated based upon the following steps in
conjunction with Tables 1 through 3, save and except for the following:
i)
MDS 1 does not apply to lands located within any urban areas or hamlets within the
Municipality where such areas are defined in the Official Plan.
ii)
MDS 1 does not apply to lots existing as of the date of passing of this By-law.
The proposal would meet the MDS I formulae if both the distance between the existing
agricultural livestock facility and existing manure facility and the proposed non-agricultural use
is greater than the distance required according to the following steps.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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OFFICE CONSOLIDATION: June 10, 2011
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Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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- The creation of up to 3 new lots
- The severance of an existing dwelling
- Passive recreational, including golf course lands
- Building of a dwelling on an existing lot of record
- Agriculturally related commercial
- Industrial
- Cemeteries
- The creation of 4 or more new lots
- Active recreational
- Golf course buildings (lands portion is a Type 'A')
- Institutional
- Commercial
- Urban expansion
- Multiple residential
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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OFFICE CONSOLIDATION: June 10, 2011
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Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Notwithstanding the distance requirements of Tables 2 and 3, where new development
proposes the creation of a new lot for non-farm purposes as outlined in both Type "A" Land
Use or Type "B" Land Use above, then the greater of the number of Livestock Units
(A) or Potential Livestock Units (B) shall be multiplied by 20% to allow for increased livestock
facility expansion on adjacent properties (example: 100 horses = 100 livestock units x 20% =
120 livestock units, and this number is used to determine the appropriate separation distance
by either Type "A" or Type "B" land uses). This increased amount shall also be used in
calculating the requirements of Table 3.
b)
Minimum Distance Separation II (MDS II)
Notwithstanding any setback requirements to the contrary, no new or expanding livestock
facility shall be permitted unless it maintains the required MDS II separation distance to all
existing residential, commercial, industrial or recreational buildings or structures, as calculated
using the following steps in conjunction with Tables 4 through 7.
The proposal would meet the MDS II formulae if both the distance between the existing
agricultural livestock facility and existing manure facility and the proposed non-agricultural use
is equal to or greater than the distance required according to the following steps.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Areas Zoned or designated:
Residential (where 4 or more lots exist)
Institutional, (excluding cemeteries)
Active Recreational,
Commercial,
Urban Areas
Areas Zoned or designated:
Residential (where 3 or less lots exist)
Agriculturally Related Commercial,
Passive Recreational (including golf course
lands excl. buildings & structures)
Industrial
Cemeteries
2.0
1.0
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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TABLE 4:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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TABLE 5:
TABLE 6:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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TABLE 7:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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c)
Structures Used for Mushroom or Commercial Greenhouse
Notwithstanding any yard or setback provisions of the Rural Zone of this By-law to the
contrary, no building or structure used for the growing of mushrooms or a commercial
greenhouse shall be erected or enlarged within 230 metres of a "Non-Farm Dwelling, Farm
Dwelling on a separated lot, or a Commercial, Recreational, Institutional or Industrial
Building."
d)
Nutrient Management Plans
Prior to the issuance of a building permit for any new or expanded livestock facility, the
proposed use must meet the applicable provisions of any County or Municipal Nutrient
Management By-laws and Bill 81, the Nutrient Management Act SO 2002.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Minimum Front Yard Setback - for residential and residential
accessory buildings and structures
200 metres
40 hectares
5 %
30 metres
Section 6: Agriculture & Rural Zones
Within an Agriculture (A1) Zone, Restricted Agriculture (A2) Zone, and Rural (RU) Zone, no person shall use
any land, or erect, locate or use any building or structure for or except such purposes and according to such
provisions as may be set out in the following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
6.1
Agriculture (A1) Zone
6.1.1
A1 - Permitted Uses
a) All agricultural uses, including intensive agricultural uses
b) One single detached dwelling and one residence for temporary farm help accommodation
c) Home occupation
d) Forestry
e) Market gardening
f) One home industry
g) Wayside pits, quarries (excluding the stockpiling of sand/salt mixtures)
h) Existing electric power generation facilities and accessory uses, buildings and structures
i)
Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
6.1.2
A1 - Zone Provisions
a)
b)
c)
d)
e)
Minimum Front Yard Setback - for agricultural
buildings and
55 metres
agricultural accessory buildings and structures
f)
Minimum Interior Side Yard Setback
15 metres
g)
Minimum Exterior Side Yard Setback
20 metres
h)
Minimum Rear Yard Setback
15 metres
i)
Maximum Height
2.5 stories
6.1.3
A1 - Special Provisions for Temporary Farm Help Accommodation
Temporary accommodations for farm help will be permitted within the Agricultural designation as
defined in the Official Plan subject to the following policies:
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a)
Accommodation may be in the form of an existing permanent building, but shall not be used
as a permanent residence. The use of mobile homes, park model trailers, and trailers for farm
help accommodation may be permitted subject to the approval of a Temporary Use By-law
by Council.
b)
Accommodation shall not be permitted within any agricultural or livestock building.
c)
Accommodation shall not be permitted within the front yard and shall be located nearby
existing farm buildings, or where it would not interfere with nor remove lands from
agricultural production.
d)
Accommodation shall be screened from neighbouring properties.
e)
Temporary farm help accommodation is also subject to the following standards and
requirements:
i.
The farmer shall live in the principal farm residence, if any, with farming as his/her
principal occupation, and in the case of seasonal farming work part-time on the
farm.
ii.
the dwelling unit shall be located on the same property as the principal farm house;
iii.
farm help must be necessary on a seasonal or full-time basis on the farm;
iv.
farm help accommodation shall be removed when no longer required for farm help
purposes. In some cases, it may be possible to convert a permanent building used
for temporary farm help accommodations to another permitted use;
v.
Council may require an Agreement, including securities where appropriate, to ensure
compliance the above; and
6.1.4
A1 - Special Provisions for New Non-farm Uses
New non-farm recreational uses, institutional uses (churches, schools, cemeteries, community halls,
public uses) and small-scale commercial and industrial uses (including retail and wholesale activities)
will require a Zoning By-law Amendment and are subject to Site Plan Control Approval. All Zoning
By-law Amendments must be consistent with Provincial Policy, and conform to the County of Grey
Official Plan, and the Municipality of Grey Highlands Official Plan..
6.1.5
A1 - Special Provisions for Lots Having Less than 1 Hectare of Lot Area
The regulations of Section 7.3, Rural Residential (RUR) Zone shall apply to all existing lots of record
as of the date of passage of this By-law, within the Agriculture (A1) and Restricted Agriculture (A2)
Zones with lot areas less than one hectare.
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6.2
Restricted Agriculture (A2) Zone
6.2.1
A2 - Permitted Uses & Zone Provisions
The uses and provisions of the Agriculture (A1) Zone detailed in Section 6.1 apply to all lands zoned
Restricted Agriculture (A2), except that intensive agricultural operations are not permitted.
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Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Minimum Front Yard Setback - for residential and residential
150 metres
20 hectares
10 %
30 metres
6.3
Rural (RU) Zone
6.3.1
RU - Permitted Uses
a) Non-intensive agricultural uses
b) A single detached dwelling
c) Forestry
d) Market gardening
e) Home occupation
f) One Home Industry
g) Uses connected with the conservation of water, soil, wildlife and other natural resources
h) Wayside pits, quarries (excluding the stockpiling of sand/salt mixtures)
i)
Existing electric power generation facilities and accessory uses, buildings and structures
j)
Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
6.3.2
RU - Zone Provisions
a)
b)
c)
d)
accessory buildings and structures
e)
Minimum Front Yard Setback - for agricultural
agricultural accessory buildings and structures
buildings and
55 metres
f)
Minimum Interior Side Yard Setback
15 metres
g)
Minimum Exterior Side Yard Setback
20 metres
h)
Minimum Rear Yard Setback
15 metres
i)
Maximum Height
2.5 stories
6.3.3
RU - Special Provisions for New Non-farm Uses
New non-farm recreational uses, institutional uses (churches, schools, cemeteries, community halls,
public uses), and small-scale commercial and industrial uses (including retail and wholesale activities)
will require a Zoning By-law Amendment and are subject to Site Plan Control Approval. All Zoning
By-law Amendments must be consistent with Provincial Policy, and conform to the County of Grey
Official Plan, and the Municipality of Grey Highlands Official Plan.
6.3.4
RU - Special Provisions for Lots Having Less than 1 Hectare of Lot Area
The regulations of Section 7.3, Rural Residential (RUR) Zone shall apply to all existing lots of record
as of the date of passage of this By-law, within the Agriculture (A1) and Restricted Agriculture (A2)
Zones with lot areas less than one hectare.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Section 7: Residential Zones
Within a Residential (R) Zone, Residential Multiple (RM) Zone, Rural Residential (RUR) Zone and Residential
Shoreline (RS) Zone, no person shall use any land, or erect, locate or use any building or structure for or except
such purposes and according to such provisions as may be set out in the following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
7.1
Residential (R) Zone
7.1.1
R - Permitted Uses
a) One single detached dwelling
b) Home Occupation
c) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
7.1.2
R - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
15 metres
Municipal
Sanitary
Only
20 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
500 m2
1,400 m2
4,000 m2
4,000 m2
c)
Maximum Lot Coverage
30 %
30 %
20 %
20 %
d) Minimum Front Yard Setback
7.5 metres
7.5 metres
7.5 metres
7.5 metres
e)
Minimum Interior Side Yard Setback
1.5 metres
1.5 metres
3.0 metres
3.0 metres
f)
Minimum Exterior Side Yard Setback
3.0 metres
6.0 metres
6.0 metres
6.0 metres
g) Minimum Rear Yard Setback
7.0 metres
9.0 metres
9.0 metres
9.0 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
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Full Services Only
7.2
Residential Multiple (RM) Zone
7.2.1
RM - Permitted Uses
a) Single detached dwelling
b) Semi-detached dwelling
c) Duplex dwelling
d) Multi-attached dwelling units
e) Apartments
f) Home Occupation
g) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
7.2.2
RM - Zone Provisions for Single-Detached Dwellings
The uses and provisions of the Residential (R) Zone detailed in Section 7.1 apply to all lands zoned
Residential Multiple (RM) where the development of a single-detached dwelling exists or is proposed.
7.2.3
RM - Zone Provisions for Attached Dwellings
a)
Minimum Lot Frontage
Semi-
detached
9 metres
per unit
Multiple-
attached
6 metres
per unit
Duplex
18 metres
Apartment
30 metres
b) Minimum Lot Area
300 m2
200 m2
500 m2
1,200 m2
c)
Maximum Lot Coverage
35 %
35 %
35 %
35 %
d) Minimum Front Yard Setback
7.5 metres
7.5 metres
7.5 metres
9.0 metres
e)
Minimum Interior Side Yard Setback
1.5 metres
1.5 metres
3.0 metres
4.5 metres
f)
Minimum Exterior Side Yard Setback
3.0 metres
3.0 metres
6.0 metres
7.0 metres
g) Minimum Rear Yard Setback
7.0 metres
7.0 metres
9.0 metres
9.0 metres
h) Maximum Height
11 metres
11 metres
11 metres
15 metres
7.2.4
RM - Special Provisions for Attached/Duplex/Apartment Dwellings
a) The maximum number of attached townhouse units permitted in a row is eight (8)
b) The minimum number of attached townhouse units permitted in a row is three (3)
c) Notwithstanding the side yard setback requirements of Section 7.2.3, the common wall of semi-
detached and multiple-attached dwellings may be centered on the mutual lot line
d) A maximum of 40 units per hectare of townhouse or apartment development is permitted.
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e) Where development is proposed by Plan of Condominium or rental by Site Plan Control Approval,
the following additional standards apply:
i.
A minimum outdoor amenity area of 15 square metres per unit in consolidated form
is required.
ii.
Block/cluster townhouse units require a minimum driveway length of 6 metres.
iii.
Block/cluster townhouse units require a rear yard amenity area of 7 square metres.
f) All Residential Multiple (RM) uses, excluding single detached dwellings and accessory buildings
and structures, are subject to Site Plan Control approval.
g) New or expanded development of Residential Multiple uses that are not serviced with full
municipal services (sanitary and water), requires the preparation of a Servicing Options Study
which addresses the requirements of the servicing policies of the Municipality of Grey Highlands
Official Plan and shall be consistent with the Provincial Policy Statement. Any zoning by-law
amendments proposing to rezone lands to Residential Multiple (RM), will require the preparation
of the Servicing Options Study prior to Council's consideration of the amendment.
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7.3 Rural Residential (RUR) Zone
7.3.1
RUR - Permitted Uses
a) One single detached dwelling
b) Home occupation
c) One Home Industry
d) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
7.3.2
RUR - Zone Provisions
a)
Minimum Lot Frontage
100 metres
b) Minimum Lot Area
0.8 hectares
c)
Maximum Lot Coverage
10 %
d) Minimum Front Yard Setback
17 metres
e)
Minimum Interior Side Yard Setback
6.0 metres
f)
Minimum Exterior Side Yard Setback
10 metres
g) Minimum Rear Yard Setback
15 metres
h) Maximum Height
11 metres
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7.4 Residential Shoreline (RS) Zone
7.4.1
RS - Permitted Uses
a) One single detached dwelling
b) Home occupation
c) Public uses
d) Existing electric power generation facilities and accessory uses, buildings and structures
e) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
7.4.2
RS - Zone Provisions
a)
Minimum Lot Frontage
30 metres
b) Minimum Lot Area
4,000 m2
c)
Maximum Lot Coverage
15 % for single-family dwelling, plus
5% for accessory buildings and structures
d) Minimum Front Yard Setback
10 metres
e)
Minimum Interior Side Yard Setback
2.0 metres
f)
Minimum Exterior Side Yard Setback
3.0 metres
g) Minimum Rear Yard Setback
30 metres measured from the average high
water mark (i) or 9 metres from the rear
property line, whichever is greater
h) Maximum Height
11 metres
(i) Note: The average high water mark for Lake Eugenia is defined as the 197.8 metre (649
foot) local datum elevation
7.4.3
RS - Special Provisions in the Residential Shoreline Zone
a) Prior to the issuance of any building permits for properties zoned Residential Shoreline, the owner
must provide confirmation that the septic system servicing the property conforms to current
standards.
b) Lands Zoned Residential Shoreline (RS-h) are subject to a holding provision in accordance with
Section 36(1) of the Planning Act, RSO, 1990. Removal of the holding symbol by Council, shall
be required for the creation of more than one new lot or a commercial use proposed on any lands
abutting Lake Eugenia. This shall require the approval of an Environmental Impact Study
prepared in accordance with Section 3.4 of the Grey Highlands Official Plan, in addition to the
following matters:
-
Final determination of any hazard lands
-
Refuse disposal
-
Boating conditions in areas of convergence
-
Health and safety factors including emergency services
-
Access, parking and docking
-
Measures to mitigate impact on scenic attributes as assessed by a qualified professional
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c) Notwithstanding the 30 metre setback requirement from the high water mark as defined in Section
7.4.2 g) above, where a building or structure has legally been erected prior to the passage of this
By-law, and which does not comply with the 30 metre setback requirement, such building or
structure may be enlarged (including the construction of a basement) to dimensions which equal
the width of the existing building or structure, and which is proposed to be situated away from
the lake but within the 30 metre setback, subject to the following:
i. All other provisions of this By-law are complied with;
ii. Such enlargement shall increase the height of the existing building a maximum of 0.9 metres
(3 feet) from the highest point of the peak;
iii. Such enlargement shall be located immediately in-line with and abutting the existing building
or structure (see Figure 2: Residential Shoreline - 30 metre Setback, for illustrations)
d) For Residential Shoreline lots, the front yard is defined as the lot line abutting the public or private
road, and the rear yard is that portion of the property abutting the lake. Where access is obtained
over a private road, refer to Section 5.2.b) ii) of this By-law.
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Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Section 8: Commercial Zones
Within a Downtown Commercial (C1) Zone, Highway and Service Commercial (C2) Zone, Neighbourhood
and Convenience Commercial (C3) Zone, no person shall use any land, or erect, locate or use any building or
structure for or except such purposes and according to such provisions as may be set out in the following sub-
sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
8.1
Downtown Commercial (C1) Zone
8.1.1
C1 - Permitted Uses
a) Professional and business offices
b) Retail commercial
c) Restaurants
d) Financial institutions
e) Cultural, entertainment and tourist uses (such as hotel/motel and conference centre)
f) Single detached and multi-attached residential uses
g) Light industrial uses (such as assembly, processing, repairing, wholesale establishment)
h) Motor vehicle sales and service establishment
i)
Personal service shop
j)
Service shop
k) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
8.1.2
C1 - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
4.5 metres
Municipal
Sanitary
Only
4.5 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
50 m2
250 m2
3,000 m2
3,000 m2
c)
Maximum Lot Coverage
80 %
50 %
25 %
15 %
d) Minimum Front Yard Setback
0 metres
0 metres
9 metres
9 metres
e)
Minimum Interior Side Yard Setback
0 metres
0 metres
3 metres
3 metres
f)
Minimum Exterior Side Yard Setback
3 metres
3 metres
3 metres
3 metres
g) Minimum Rear Yard Setback
3 metres
3 metres
7 metres
7 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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92
8.1.3
C1 - Special Setback Provisions for Downtown Commercial Uses
a) All Downtown Commercial (C1) uses are subject to Site Plan Control approval.
8.2
Highway and Service Commercial (C2) Zone
8.2.1
C2 - Permitted Uses
a) Professional and business offices
b) Retail commercial
c) A residential use accessory to the principal commercial use
d) Restaurants
e) Financial institutions
f) Passive and active recreational uses
g) Hotel, motel or conference centre
h) Motor vehicle sales and service establishment, and motor vehicle service station
i)
Medical clinics
j)
Funeral homes
k) Public and private clubs
l)
Personal service shop
m) Service shop
n) Bulk fuel sales
o) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
8.2.2
C2 - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
15 metres
Municipal
Sanitary
Only
15 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
1,000 m2
1,000 m2
3,000 m2
3,000 m2
c)
Maximum Lot Coverage
50 %
50 %
25 %
15 %
d) Minimum Front Yard Setback
9 metres
9 metres
15 metres
15 metres
e)
Minimum Interior Side Yard Setback
5 metres
5 metres
5 metres
5 metres
f)
Minimum Exterior Side Yard Setback
6 metres
6 metres
6 metres
6 metres
g) Minimum Rear Yard Setback
9 metres
9 metres
9 metres
9 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
8.2.3
C2 - Special Provisions for Highway and Service Commercial Uses
a) Notwithstanding the setback requirements of Section 8.2.2, the minimum setback from an abutting
residential zone shall be 6 metres, or the amount set out in the Table in Section 8.2.2, whichever
is greater.
b) All Highway and Service Commercial (C2) uses are subject to Site Plan Control approval.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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c) All parking areas, access driveways and laneways must be buffered from adjacent uses by a
continuous 3 metre landscape strip.
d) Outdoor storage shall be prohibited in any yard adjacent to a residential zone.
8.2.4
C2 - Special Provisions for Residential Uses Permitted in Section 8.2.1
a) A maximum of one residential unit may be permitted on a lot
b) Any residential use permitted in Section 8.2.1, must be accessory to the principal commercial use
on the property.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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8.3
Neighbourhood and Convenience Commercial (C3) Zone
8.3.1
C3 - Permitted Uses
a) Commercial uses intended to service the daily needs of immediate area residents (i.e.
convenience stores, dry cleaning, hair salon)
b) One single detached dwelling
c) Passive recreational uses
d) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
8.3.2
C3 - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
15 metres
Municipal
Sanitary
Only
15 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
600 m2
600 m2
4,000 m2
4,000 m2
c)
Maximum Lot Coverage
50 %
50 %
35 %
35 %
d) Minimum Front Yard Setback
7.5 metres
7.5 metres
9 metres
9 metres
e)
Minimum Interior Side Yard Setback
3 metres
3 metres
6 metres
6 metres
f)
Minimum Exterior Side Yard Setback
7.5 metres
7.5 metres
9 metres
9 metres
g) Minimum Rear Yard Setback
9 metres
9 metres
9 metres
9 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
8.3.3
C3 - Special Provisions for Neighbourhood & Convenience Commercial Uses
a) Notwithstanding the setback requirements of Section 8.3.2, the minimum setback from an abutting
residential zone shall be 6 metres, or the amount set out in the Table in Section 8.3.2, whichever
is greater.
b) All Neighbourhood and Convenience Commercial (C3) uses are subject to Site Plan Control
approval.
c) All parking areas, access driveways and laneways must be buffered from adjacent uses by a
continuous 3 metre landscape strip.
d) Outdoor storage shall be prohibited in any yard adjacent to a residential zone.
8.3.4
C3 - Special Provisions for Residential Uses Permitted in Section 8.3.1
a) A maximum of one dwelling unit may be permitted on a lot
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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8.4
Rural Commercial (C4) Zone
8.4.1
C4 - Permitted Uses
a)
Small-scale commercial/industrial sawmill and woodworking shop
b)
Small-scale commercial/industrial metal works shop
c)
Uses permitted according to the Rural (RU) Zone (Section 6.3)
8.4.2
C4 - Zone Provisions
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
8.4.3
C4 - Special Provisions for Rural Commercial Uses
a) The provisions of Section 5.13 of this By-law apply to all small-scale commercial/industrial uses.
b) Where more than one small-scale commercial/industrial use is located on a property, the combined
uses shall not exceed the size and use maximums for one small-scale commercial/industrial use as
defined in Section 5.13 of this By-law.
c) All Rural Commercial (C4) uses are subject to Site Plan Control approval..
Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Maximum outdoor storage
related uses
for small-scale commercial/industrial
100 metres
20 hectares
10 %
750 square metres
Minimum Front Yard Setback
accessory buildings and structures
Minimum Front Yard Setback
agricultural accessory buildings
commercial/industrial buildings
- for residential and residential
30 metres
- for agricultural buildings and
55 metres
and structures, and small-scale
Minimum Interior Side Yard Setback
Minimum Exterior Side Yard Setback
Minimum Rear Yard Setback
Maximum Height
Maximum Gross Floor Area for small-scale commercial/industrial
related uses
Minimum Gross Floor Area (Dwelling)
15 metres
20 metres
15 metres
2.5 stories
250 square metres
90 square metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 9: Industrial Zones
Within a Light Industrial (M1) Zone, Heavy Industrial (M2) Zone, Space Extensive Commercial/Industrial
(M3) Zone, and Extractive Industrial (MEX) Zone, no person shall use any land, or erect, locate or use any
building or structure for or except such purposes and according to such provisions as may be set out in the
following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
9.1
Light Industrial (M1) Zone
9.1.1
M1 - Permitted Uses
a) Warehousing and wholesaling uses
b) Assembly and manufacturing uses in accordance with the definition of Light Industrial in Section
3 of this By-law
c) Open storage uses
d) One residence for security/care taking purposes
e) Equipment sales
f) Building Supply centres and yards
g) Transportation terminal
h) Business offices accessory to a permitted use
i)
Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
9.1.2
M1 - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
30 metres
Municipal
Sanitary
Only
30 metres
Municipal
Water
Only
60 metres
Private
Services
60 metres
b) Minimum Lot Area
1,000 m2
2,000 m2
8,000 m2
8,000 m2
c)
Maximum Lot Coverage
50 %
50 %
35 %
25 %
d) Minimum Front Yard Setback
15 metres
15 metres
15 metres
15 metres
e)
Minimum Interior Side Yard Setback
7.5 metres
7.5 metres
7.5 metres
7.5 metres
f)
Minimum Exterior Side Yard Setback
7.5 metres
12 metres
12 metres
12 metres
g) Minimum Rear Yard Setback
7.5 metres
7.5 metres
15 metres
15 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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9.1.3
M1 - Special Provisions for Light Industrial Uses
a) Notwithstanding the setback requirements of Section 9.1.2, the minimum setback from an abutting
residential zone shall be 20 metres, or the amount set out in the Table in Section 9.1.2, whichever
is greater.
b) All Light Industrial (M1) uses are subject to Site Plan Control approval and notwithstanding the
setback requirements of Section 9.2.2, increased minimum setbacks may be required as defined in
the Ministry of the Environment Guideline D-6 (Compatibility Between Industrial Facilities and
Sensitive Land Uses).
c) All parking areas and access driveways and laneways must be buffered from adjacent uses by a 3
metre landscape strip.
d) Outdoor storage shall be prohibited in any yard adjacent to a residential zone.
9.1.4
M1 - Special Provisions for Residential Uses Permitted in Section 9.1.1
a) A maximum of one residential unit may be permitted on a lot
b) Any residential use permitted in Section 9.1.1, must be accessory to the principal industrial use on
the property and utilized only for accommodation for security/care taking personnel.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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9.2
Heavy Industrial (M2) Zone
9.2.1
M2 - Permitted Uses
a) Assembly and manufacturing uses
b) Food or beverage production
c) Foundry
d) Concrete Production
e) Public works uses
f) Motor vehicle sales and service establishment
g) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
9.2.2
M2 - Zone Provisions
a)
b)
c)
d)
e)
f)
g)
9.2.3
M2 - Special Provisions for Heavy Industrial Uses
a) All Heavy Industrial (M2) uses are subject to Site Plan Control approval and notwithstanding the
setback requirements of Section 9.2.2, increased minimum setbacks may be required as defined in
the Ministry of the Environment Guideline D-6 (Compatibility Between Industrial Facilities and
Sensitive Land Uses).
b) All parking areas and access driveways and laneways must be buffered from adjacent uses by a 3
metre landscape strip.
c) Outdoor storage shall be prohibited in any yard adjacent to a residential zone.
Minimum Lot Frontage
Minimum Lot Area Maximum
Lot Coverage Minimum
Front Yard Setback
Minimum Interior Side Yard Setback
Minimum Exterior Side Yard Setback
Minimum Rear Yard Setback
60 metres
8,000 m2
20 %
15 metres
7.5 metres
7.5 metres
7.5 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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9.3 Extractive Industrial (MEX) Zone
9.3.1
MEX - Permitted Uses
a) Aggregate extraction and accessory and incidental uses such as crushing, screening, blending,
washing, stockpiling, and recycling, all of which occur above the water table.
b) Agriculture
c) Forestry
d) Wildlife and fisheries management
e) Portable asphalt plant and wayside pit and quarry
f) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
9.3.2
MEX - Zone Provisions
a)
b)
c)
d)
e)
f)
g)
h)
9.3.3
MEX - Special Provisions Extractive Industrial Uses
a) Notwithstanding the setback requirements of Section 9.4.2, agricultural buildings, and agricultural
accessory buildings and structures require a minimum front yard setback of 55 metres.
Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Minimum Front Yard Setback
Minimum Interior Side Yard Setback
Minimum Exterior Side Yard Setback
Minimum Rear Yard Setback
Maximum Height
100 metres
--
10%
30 metres
30 metres
30 metres
30 metres
2.5 stories
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 10: Institutional Zone
Within an Institutional (I) Zone, no person shall use any land, or erect, locate or use any building or structure
for or except such purposes and according to such provisions as may be set out in the following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
10.1 I - Permitted Uses
a) Place of worship
b) Public school
c) Long-term care facility, hospital, medical clinic
d) Library, fire hall, municipal buildings
e) Museum
f) Cemetery and Crematorium
g) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
10.2 I - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
15 metres
Municipal
Sanitary
Only
15 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
550 m2
1,000 m2
3,000 m2
3,000 m2
c)
Maximum Lot Coverage
50 %
50 %
25 %
20 %
d) Minimum Front Yard Setback
7.5 metres
7.5 metres
15 metres
15 metres
e)
Minimum Interior Side Yard Setback
6 metres
6 metres
6 metres
6 metres
f)
Minimum Exterior Side Yard Setback
6 metres
6 metres
9 metres
15 metres
g) Minimum Rear Yard Setback
7.5 metres
7.5 metres
12 metres
12 metres
h) Maximum Height
11 metres
11 metres
11 metres
11 metres
10.3 I - Special Provisions for a Manse or Rectory
a) A maximum of one residential unit may be permitted on a lot
b) Any residential use permitted in Section 10.1, must be accessory to the place of worship on the
property and utilized only for accommodation for church clergy and their family.
10.4 I - Special Provisions for Institutional Uses
a) All Institutional (I) uses are subject to Site Plan Control approval and notwithstanding the setback
requirements of Section 10.2, increased setbacks may be required to ensure land use capability.
Examples include, but are not limited to, low density residential uses, industrial development and
environmental areas.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 11: Development & No Development Zones
Within a Development (D) Zone, and No Development (ND) Zone, no person shall use any land, or erect,
locate or use any building or structure for or except such purposes and according to such provisions as may be
set out in the following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
11.1
Development (D) Zone
11.1.1 D - Permitted Uses
a) One single detached dwelling
b) Uses existing on the date of adoption of the Zoning By-law
c) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
11.1.2 D - Zone Provisions
a)
b)
c)
d)
e)
f)
g)
h)
Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Minimum Front Yard Setback
Minimum Interior Side Yard Setback
Minimum Exterior Side Yard Setback
Minimum Rear Yard Setback
Maximum Height
Existing on the date of adoption of this By-law
Existing on the date of adoption of this By-law
30 %
7.5 metres
6.0 metres
7.5 metres
12 metres
11 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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11.2
No Development (ND) Zone
11.2.1 ND - Permitted Uses
a) Forestry in the form of reforestation, regeneration and managed woodlots, and excluding
commercial logging
b) Uses connected with the conservation of water, soil, wildlife and other natural resources
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 12: Hazard and Wetland Zones
Within a Hazard (H) Zone, and Wetland (W) Zone, no person shall use any land, or erect, locate or use any
building or structure for or except such purposes and according to such provisions as may be set out in the
following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
12.1
Hazard (H) Zone
12.1.1
H - Permitted Uses
a) Forestry
b) Uses connected with the conservation of water, soil, wildlife and other natural resources.
c) Non-intensive agriculture
d) Passive recreational uses
e) Public utilities and essential municipal services
f) Flood and erosion/sediment control structures
g) Portable or floating docks and boathouses only where the hazard area is associated with a Cold or
Warm Water Lake.
h) Existing electric power generation facilities and accessory uses, buildings and structures
12.1.2
H - Zone Provisions
a) Buildings structures within the Hazard zone are prohibited except for flood and
erosion/sedimentation control structures
b) New development or construction requiring access through Hazard lands may require a fill permit
from the appropriate Conservation Authority
c) Written permission may be required from the applicable Conservation Authority pursuant to
Ontario Regulation 151/06 - Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses where development or site grading is proposed within a Regulated
Area as shown on schedules filed with the Conservation Authority, where such mapping exists, or
otherwise generally within or near the Hazard Zones.
d) Prior to the placement of a portable or floating dock or boathouse, approval must be obtained
from the appropriate approval authority (i.e. Municipality, County, Conservation Authority,
Niagara Escarpment Commission) and Ontario Power Generation (where the dock or boathouse
is located on Ontario Power Generation lands).
e) The Hazard (H) Zone boundaries identified on the Schedules to this By-law are intended to
generally identify areas of existing or potential natural hazards. Notwithstanding Section 4.2, the
boundaries of the Hazard (H) Zone are subject to minor changes without formal amendment to
this By-law or Schedules to this By-law when approved by the appropriate approval authority (i.e.
Municipality, County, Conservation Authority, Niagara Escarpment Commission). This may occur
where detailed resources mapping and/or site inspection results in a minor re- interpretation of
the limits of the Hazard zone boundary.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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The word 'minor' in the context of this Section is intended to represent a technical exercise of
reviewing a site-specific property in greater detail than was undertaken as part of the preparation
of this By-law. A minor adjustment must maintain the intent of the Hazard zone as established in
this By-law.
Changes to the Hazard Zone boundary shall be incorporated in subsequent consolidations of this
By-law.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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12.2
Wetland (W) Zone
12.2.1
W - Permitted Uses
a) Forestry in the form of reforestation and regeneration, including sustainable forest management
practices such as improvement operations, and excluding commercial logging and managed
woodlots.
b) Uses connected with the conservation of water, soil, wildlife and other natural resources.
12.2.2
W - Zone Provisions
a) Written permission may be required form the applicable Conservation Authority pursuant to
Ontario Regulation 97/04 - Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses where development or site grading is proposed within a Regulated
Area as shown on schedules filed with the Conservation Authority, where such mapping exists, or
otherwise generally within or near the Wetland Zones.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 13: Open Space Zone
Within an Open Space (OS) Zone, no person shall use any land, or erect, locate or use any building or structure
for or except such purposes and according to such provisions as may be set out in the following sub-sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
13.1
OS - Permitted Uses
a) Public park and playground
b) Institutional uses
c) Passive recreational and Resource Based Recreational uses
d) Public buildings and uses
e) Forestry
f) Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
13.2
OS - Zone Provisions
a)
b)
c)
d)
e)
f)
g)
h)
13.3
OS - Special Provisions for Institutional Uses
a) All Open Space (OS) uses are subject to Site Plan Control approval and notwithstanding the
setback requirements of Section 13.2, increased setbacks may be required to ensure land use
capability. Examples include, but are not limited to, low density residential uses, industrial
development and environmental areas.
13.4
Resource Based Recreational Uses
a) All Resource Based Recreational Uses will only be permitted through a site specific Zoning Bylaw
Amendment that will include, but not be limited to:
a general description of the use including main use,
Location and number of sites/units if applicable, amenities and accessory uses,
special provision regarding environmental, infrastructure and sensitive receptor requirements.
Minimum Lot Frontage
Minimum Lot Area
Maximum Lot Coverage
Minimum Front Yard Setback
Minimum Interior Side Yard Setback
Minimum Exterior Side Yard Setback
Minimum Rear Yard Setback
Maximum Height
20 metres
Nil
5 %
6.0 metres
6.0 metres
6.0 metres
6.0 metres
11 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Additional studies may also be required to support the use addressing archaeological resources,
environmental impacts, lake capacity, noise, servicing and traffic;
b) All Resource Based Recreational Uses shall be subject to Site Plan Approval.
c) Special Provisions for Campground Uses. No person shall use any land or erect, alter or use any
building or structure for a campground, except in accordance with the following provisions:
(i) Permitted Uses shall include a campground and uses buildings and structures accessory thereto,
and one single detached dwelling and uses buildings and structures accessory thereto for one
gatekeeper or caretaker of the campground;
(ii) Zone Provisions for Campground Uses. The following provisions shall apply in addition to the
zone provisions contained in Section 13.2.
(1) Minimum Lot Frontage 60 metres
(2) Minimum Lot Area 2 hectares
(3) No tent, trailer or recreational vehicle shall be permitted except on a Camp Site.
(4) No tent, trailer, recreational vehicle or building or structure shall be located within 9 metres
of any public street.
(5) No tent, trailer, recreational vehicle or building or structure shall be located with 7.5 metres
of a side or rear lot line that does not about a public street, or within 15 metres of any
residential zone.
(6) Minimum Camp Site area 150 square metres, but in no case shall the number of Camp
Sites exceed 36 site per hectare.
(7) Minimum Camp Site Frontage 7.5 metres
(8) Required Access - Each Camp site shall be accessible by means of a driveway of at least
3.5 metres in width for one-way traffic or at least 7.5 metres in width for two-way traffic.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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Section 14: Recreational Resort Zone
Within a Recreational Resort (REC) Zone, no person shall use any land, or erect, locate or use any building or
structure for or except such purposes and according to such provisions as may be set out in the following sub-
sections.
All other provisions of this By-law also apply. This Section must be read in conjunction with the additional
reference and requirements found in Section 3: Definitions, and Section 5: General Provisions.
14.1
REC - Permitted Uses
a) Detached, attached and multi-attached residential dwelling units
b) Resort/tourist development and related recreational uses and facilities such as golf courses, tennis
courts, public or private parks, trail uses, attractions, and other similar uses provided the impact
on Escarpment is minimal
c) A ski centre including associated day use base lodges, maintenance facilities and parking facilities
d) Ski chalets and commercial development such as lodges, retail stores and service establishments
associated with the centre
e) Resort, hotel, motel and related commercial and recreational uses and facilities
f) Bed and breakfast establishments
g) Home occupations
h) Conservation, forestry and wildlife management practices
i)
Passive recreational uses, conservation, forestry, wildlife areas
j)
Snowmobile and pedestrian trails for both summer and winter use, in addition to toboggan runs
and slide rides
k) Ski facilities such as runs, lifts, snowboard runs
l)
Uses, buildings and structures accessory to a permitted use (refer to Sections 3 and 5.6)
14.2 REC - Zone Provisions
a)
Minimum Lot Frontage
Full
Services
15 metres
Municipal
Sanitary
Only
20 metres
Municipal
Water
Only
30 metres
Private
Services
30 metres
b) Minimum Lot Area
500 m2
1,400 m2
4,000 m2
4,000 m2
c)
Maximum Lot Coverage
30 %
30 %
15 %
15 %
d) Minimum Front Yard Setback
7.5 metres
7.5 metres
9 metres
9 metres
e)
Minimum Interior Side Yard Setback
3 metres
3 metres
6 metres
6 metres
f)
Minimum Exterior Side Yard Setback
7.5 metres
7.5 metres
9 metres
9 metres
g) Minimum Rear Yard Setback
9 metres
9 metres
9 metres
9 metres
h) Maximum Height
14.3 REC - Special Provisions
11 metres
11 metres
11 metres
11 metres
a)
All development within the REC Zone is subject to Site Plan Control Approval
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
109
Section 15: Zone Standards Summary
This Section summarizes the standards for each Zone within the Municipality of Grey Highlands; however,
reference should always be made to the appropriate Section and the General Provisions of the By-law for
complete information on zone provisions and standards. In the case of conflict between this summary Section
and standards in the applicable Zone Section, the standards in the Zone Section will prevail.
15.1
Agricultural (A1), Restricted Agricultural (A2), Rural (RU) Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min.
Interior
SideYard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
A1
Private Services
200 m
40 ha.
5%
30/55 m
15 m
20 m
15 m
2.5 sty.
A2
Private Services
200 m
40 ha.
5%
30/55 m
15 m
20 m
15 m
2.5 sty.
RU
Private Services
150 m
20 ha.
10%
30/55 m
15 m
20 m
15 m
2.5 sty.
15.2
Residential (R), Residential Multiple (RM), Rural Residential (RUR), Residential
Shoreline (RS) Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min
Interior
SideYard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
R
Full Services
15 m
500 m2
30%
7.5 m
1.5 m
3.0 m
7.0 m
11 m
Sanitary Only
20 m
1,400 m2
30%
7.5 m
1.5 m
6.0 m
9.0 m
11 m
Water Only
30 m
4,000 m2
20%
7.5 m
3.0 m
6.0 m
9.0 m
11 m
Private Services
30 m
4,000 m2
20%
7.5 m
3.0 m
6.0 m
9.0 m
11 m
RM
Multi-
Attached
Full Services
6-18 m
200 - 500
m2
35%
7.5 m
1.5 m -
3.0 m
3.0 m
7.0 m
11 m
Apartment
Full Services
30 m
1,200 m2
35%
9.0 m
4.5 m
7.0 m
9.0 m
15 m
RUR
Private Services
100 m
8,000 m2
10%
17 m
6 m
10 m
15 m
11 m
RS
Private Services
30m/9m
4,000 m2
15%+5%(i)
10 m
2 m
3 m
30 m(ii)
11 m
Note: (i) The maximum lot coverage in the RS Zone is 15% for dwellings plus an additional 5% for accessory buildings and structures
(ii) The minimum rear yard setback for the RS Zone is 30 metres measured from the average high water mark or 9 metres from
the rear property line, whichever is greater.
15.3
Downtown
Commercial
(C1),
Highway
&
Service
Commercial
(C2),
Neighbourhood & Convenience Commercial (C3) Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min.
Interior
SideYard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
C1
Full Services
4.5 m
50 m2
80%
0 m
0 m
3 m
3 m
11 m
Sanitary Only
4.5 m
250 m2
50%
0 m
0 m
3 m
3 m
11 m
Water Only
30 m
3,000 m2
25%
9 m
3 m
3 m
7 m
11 m
Private Services
30 m
3,000 m2
15%
9 m
3 m
3 m
7 m
11 m
C2
Full Services
15 m
1,000 m2
50%
9 m
5 m
6 m
9 m
11 m
Sanitary Only
15 m
1,000 m2
50%
9 m
5 m
6 m
9 m
11 m
Water Only
30 m
3,000 m2
25%
15 m
5 m
6 m
9 m
11 m
Private Services
30 m
3,000 m2
15%
15 m
5 m
6 m
9 m
11 m
C3
Full Services
15 m
600 m2
50%
7.5 m
3.0 m
7.5 m
9.0 m
11 m
Sanitary Only
15 m
600 m2
50%
7.5 m
3.0 m
7.5 m
9.0 m
11 m
Water Only
30 m
4,000 m2
35%
9.0 m
6.0 m
9.0 m
9.0 m
11 m
Private Services
30 m
4,000 m2
35%
9.0 m
6.0 m
9.0 m
9.0 m
11 m
C4
Private Services
100 m
20 ha.
10%
30/55 m
15 m
20 m
15 m
2.5 sty.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
110
15.4
Light
Industrial
(M1),
Heavy
Industrial
(M2),
Space
Extensive
Commercial/Industrial (M3), Extractive Industrial (MEX) Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
M1
Full Services
30 m
1,000 m2
50%
15 m
7.5 m
7.5 m
7.5 m
11 m
Sanitary Only
30 m
2,000 m2
50%
15 m
7.5 m
12 m
7.5 m
11 m
Water Only
60 m
8,000 m2
35%
15 m
7.5 m
12 m
15 m
11 m
Private Services
60 m
8,000 m2
25%
15 m
7.5 m
12 m
15 m
11 m
M2
Full Services
60 m
8,000 m2
20%
15 m
7.5 m
7.5 m
7.5 m
Nil
MEX
Private Services
100 m
4.0 ha.
20%
30 m
30 m
30 m
30 m
2.5 sty
15.5
Institutional (I) Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
I
Full Services
15 m
550 m2
50%
7.5 m
6.0 m
6.0 m
7.5 m
11 m
Sanitary Only
15 m
1,000m2
50%
7.5 m
6.0 m
6.0 m
7.5 m
11 m
Water Only
30 m
3,000 m2
25%
12 m
6.0 m
9.0 m
12 m
11 m
Private Services
30 m
3,000 m2
20%
15 m
6.0 m
15.0 m
12 m
11 m
15.6
Development and No Development Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
D
Existing
Existing
30%
7.5 m
6.0 m
7.5 m
12 m
11 m
ND
Existing
Existing
0%
Nil
Nil
Nil
Nil
Nil
15.7
Hazard and Wetland Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
H
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
W
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
15.8
Open Space Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
OS
20 m
Nil
5%
6 m
6 m
6 m
6 m
11 m
15.9
Recreational Resort Zone Standards Summary
ZONE
Min. Lot
Frontage
Min. Lot
Area
Max. Lot
Coverage
Min.
Front
Yard
Min
Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Max.
Height
REC
Full Services
15 m
500 m2
30%
7.5 m
1.5 m
3.0 m
7.0 m
11 m
Sanitary Only
20 m
1,400 m2
30%
7.5 m
1.5 m
6.0 m
9.0 m
11 m
Water Only
30 m
4,000 m2
20%
7.5 m
3.0 m
6.0 m
9.0 m
11 m
Private Services
30 m
4,000 m2
20%
7.5 m
3.0 m
6.0 m
9.0 m
11 m
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
111
Section 16: Exceptions
This Section outlines exceptions to the permitted uses and provisions of this By-law as it relates to individual
properties located throughout the Municipality. In many instances, the exceptions listed in this Section reflect
certain Zoning By-law Amendments, which were processed under former Zoning By-laws. This Section should
not be interpreted or construed as granting any other rights than those specifically applying to the individually
identified properties.
This Section is also intended to act as a log of Zoning By-law Amendments, which may be granted by the
Municipality in the future.
a)
Comprehensive Exceptions (the exception number applies to a number of parcels of land).
16.1
Notwithstanding any setback provisions to the contrary, on lands identified with a (-1)
exception number, the construction of buildings and structures within 300 metres of the high
water mark is not permitted.
16.2
In addition to the uses permitted on lands identified with a (-2) exception number, a small-
scale commercial/industrial woodworking shop/sawmill is permitted subject to the definitions
and general provisions of this By-law.
16.3
In addition to the uses permitted on lands identified with a (-3) exception number, a small-
scale commercial/industrial metal works shop is permitted subject to the definitions and
general provisions of this By-law.
16.4
Notwithstanding the provisions of Section 5.6 (Accessory Uses) as defined in the General
Provisions of this By-law, on lands identified with a (-4) exception number, an accessory
structure may be constructed closer to the front lot line than the main building.
16.5
Notwithstanding any setback provisions to the contrary, on lands identified with a (-5)
exception number, the minimum rear yard setback for all buildings and structures shall be 30
metres.
16.6
The following Temporary Use By-laws have been passed by the Municipality
By-law
Duration/Purpose
Location
Lapsing
Date
2004-48
2 years - Superior Wind Energy
-
Meteorological tower is a permitted use
-
Tower shall be removed by November 2006, unless a by-law to extend the
temporary use has been approved by Council
-
Minimum setback from all public roads shall equal the height of the tower
-
Maximum height of the tower shall be 80 metres
-
Subject to site plan control approval
Part of Lot 26,
Concession 6,
former Osprey
Nov. 2006
2005-81
3 years - Lube Centre
-
A Shipping Container (for storage purposes) is a permitted use for 3 years.
-
A Shipping Container is defined as a welded steel container, typically used
to transport goods via sea, air and rail. The container will be permitted for
storage purposes on the subject lands on a temporary basis only.
-
Upon lapsing the zoning will revert to the previous Institutional (I) Zone
-
The minimum side yard setback for the Shipping Container shall be 18m
-
Placement of the Shipping Container shall be subject to Site Plan Control
Part Lot 145
Concession 1
NETSR
former
Artemesia
Dec 2008
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
112
2006-25
10 years - Garden Suite
-
A Garden Suite is a permitted use for a period of not more than ten (10)
years from March 27, 2006 subject to the following additional provisions:
-
Upon lapsing of the By-law, the zoning bof the property will revert to the
underlying Agricultural zone (A1).
-
Upon lapsing of the by-law, the habitable space associated with the Garden
Suite will be removed or altered to a use permitted under the By- law.
-
The location of the Garden Suite shall be subject to Site Plan Control.
Lot 124,
Concession 3
SWTSR
former
Artemesia
March 27,
2016
2006-99
2 years - Shipping Container for fire training and storage.
-
Permitted uses shall be limited to the placement of One (1) shipping
container for the purposes of fire training and storage for a period of three
(3) years from November 10, 2006.
-
For the purposes of this By-law a shipping container shall be defined as a
welded steel container, typically used to transport goods via sea, air and rail.
The container will be permitted for fire training and storage purposes on
the lands on a temporary basis only.
-
Council may by By-law grant a further one time extension of a period not
more than three (3) years during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the
previous Institutional Zone (or such new zoning in effect for the
Municipality).
-
Upon lapsing of the Bylaw, the shipping container shall be removed from
the property, and the property reinstated to its previous condition.
-
The minimum rear yard setback for the shipping container shall be 6.1
metres.
-
The Placement of the shipping container shall be subject to Site Plan
Control Approval.
Part Lot 58,
Registrar's
Compiled Plan
823, former
Township of
Artemesia
Nov.
10,
2009.
2006-94
3 years - Meteorological Lattice Tower
-
A Meteorological lattice tower is a permitted use for a period of three (3)
years from November 10, 2006.
-
Council may by By-law grant a further periods of not more than three years
each during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the
previous Rural (RU) Zone (or such new zoning in effect for the
Municipality).
-
Upon lapsing of the Bylaw, the Meteorological Lattice Tower shall be
removed.
-
The minimum setback for the Meteorological Lattice Tower from all public
roads shall be equal to the height of the tower.
-
The maximum height for the Meteorological Lattice Tower shall be 80
metres.
-
Construction of the Meteorological Lattice Tower shall be subject to Site
Plan Control Approval.
Part Lot 1,
Concession 9,
former
Township of
Osprey
Nov.
10,
2009
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
113
2007-23
3 years - Marine Service Shop
-
A marine service shop is permitted and defined as a home industry, which
includes the service and repair of boats (including winterizing).
-
The subject lands and accessory building may be used for the purposes of
a marine service shop for three years from March 26, 2007.
-
Council may by By-law grant a further one time extension of a period not
more than three (3) years during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the
previous Residential Shoreline Zone (or such new zoning in effect for the
Municipality).
-
Upon lapsing of the Bylaw, the property shall be reinstated to its previous
condition.
-
A maximum of 60 square metres (646 square feet) of the existing accessory
building can be used for the purposes of a marine service shop.
-
There shall be no retail sales from the property.
-
One additional off-street parking space is provided for every 24 square
metres of floor space occupied for business or professional purposes.
-
No outdoor storage or display of materials or goods in support of such a
home industry shall be permitted except for the temporary storage of boats.
-
A maximum of six (6) boats may be located on the site at any one time.
-
That the running of motors, hammering, grinding or any other repair
related noise be limited to the hours of 9:00am to 5:00pm, Monday to
Saturday and 12:00pm to 5:00pm on Sundays.
-
The use of noxious chemicals, as outlined by the policies and guidelines of
the Ministry of the Environment, shall not be permitted in the home
industry in order to protect groundwater resources.
-
The property will be subject to Site Plan Control approval.
Lot 34,
Concession 8,
former
Township of
Artemesia
March 26,
2010
2008-65
Meteorological Test Tower
A meteorological test tower is a permitted use for a period of three (3) years
from August 22, 2008 subject to the following provisions:
-
Council may by By-law, grant further periods of not more than three years
each during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the
previous Agriculture (A1) zone (or such new zoning as in effect for the
Municipality of Grey Highlands).
-
Upon lapsing of the by-law, the Meteorological tower shall be removed.
-
The maximum height of the Meteorological tower shall be 82.3 metres.
-
Construction of the meteorological tower shall be subject to Site Plan
Control Approval.
Lot 13 and 14,
concession 3
SDR former
Township of
Osprey
August 22,
2011
2009-63
Second Dwelling
The temporary placement of a second single detached dwelling unit is
permitted until August 10, 2011, subject to the following provisions:
Lot 16,
Concession 2
NDR, former
Township of
Osprey
August 10,
2011
- Upon lapsing of the By-law or once final occupancy has been granted by the
Chief building Official for the new single detached dwelling unit, whichever
occurs first, the original single detached dwelling unit shall be removed from
the subject lands.
- Council may by By-law grant further periods of not more than three years
each during which the temporary use is authorized.
- Upon lapsing of the by-law, the zoning of the property will revert to the
Previous Agriculture (A1), Hazrd (H), Wetland (W) and Rural Commercial
(C4-165) Zones (or such new zoning as in effect for the Municipality of Grey
Highlands).
- The lands are subject to Site Plan Control.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
110
#?
Second Dwelling
Notwithstanding the provisions of By-law No. 2004-50 to the contrary, the
following provisions, in addition to any other provisions pertaining to the
Agricultural (A1) zone, shall apply to those lands zoned Agricultural (A1-172)
Lot 16,
Concession 9,
former
Township of
Euphrasia
March 22,
2012
-
The placement of a second single detached dwelling unit is permitted on
the subject lands for a period of not more than two years.
-
Upon lapsing of the By-law or once final occupancy has been granted by
the Chief building Official for the new single detached dwelling unit,
whichever occurs first, the original single detached dwelling unit shall be
removed from the subject lands.
-
Council may by By-law grant further periods of not more than three years
each during which the temporary use is authorized.
-
Upon lapsing of the by-law, the zoning of the property will revert to the
Previous Agriculture (A1), Hazrd (H), Wetland (W) and Rural Commercial
(C4-165) Zones (or such new zoning as in effect for the Municipality of
Grey Highlands).
-
The lands are subject to Site Plan Control.
16.7
The construction of all buildings and structures on lands identified with a (-7) exception
number shall be in the building envelope on the Schedules to this By-law. For the proposes of
the (-7) exception number, building envelopes have been demarcated in black on the applicable
properties. All lands zoned with a (-7) exception number are subject to site plan control
approval.
16.8
Permitted uses on lands with a (-8) exception number shall be limited to an outdoor recreation
area, a boat launching ramp and a picnic area. Any rezoning proposed to expand the list of
uses shall require reports to determine the suitability of the lot to support the proposed use
(i.e. preparation of technical, engineering, and/or environmental studies to address grading,
drainage, servicing, access, lot size, setbacks, or any other obstacles to development).
16.9
A maximum of 1 livestock unit per 0.4 hectares is permitted on lands identified with a (-9)
exception number.
16.10
A golf course is a permitted use on lands identified with a (-10) exception number.
16.11
Non-habitable buildings located on lands identified with a (-11) exception number shall be
used for dry storage only. In the context of a rural or rural residential property, "Dry Storage"
shall mean the storage of materials in accordance with a permitted use on the property, but
excludes the housing of livestock and any animal waste. In the context of a commercial or
industrial operation, "Dry Storage" shall mean the storage of materials incidental to the
operation, but excludes any processing or manufacturing uses, or any like uses, which require
water and sanitary disposal systems.
16.12
On lands identified with a (-12) exception number permitted uses are limited to semi- detached
and duplex residential dwellings in addition to uses permitted according to the Residential (R)
Zone.
16.13
Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section
5.3 (Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of
this By-law, on lands identified with a (-13) exception number which have frontage on a private
road, the lands may be used, and buildings thereon may be erected, enlarged, repaired or
renovated provided all other provisions of the By-law are complied with.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
111
16.13 Notwithstanding any other provisions of this By-law to the contrary, on lands identified as Part
of Lot 34, Concession 11, former Township or Artemesia a garage is permitted in the front
yard.
Note: By-law 2008-35 amended comprehensive amendment 13 to a garage in the front
yard. This is the first instance in the Municipality where the -13 exception number has
additional site specific provisions.
16.13
Notwithstanding any other provisions of this By-law to the contrary, on lands identified as
Part of Lot 31, Concession 8, former Township or Artemesia, and known municipally as part
of Parcels 13 through 18 on Magee Lane, the deficient lot area of the newly enlarged lots is
recognized as follows:
-
Part 1 and 13 (422 square metres).
-
Part 3 and 14 (1003 square metres).
-
Part 5 and 15 (1186 square metres).
-
Part 7 and 16 (966 square metres).
-
Part 9 and 17 (740 square metres)
-
Part 11 and 18 (1057 square metres).
Note: By-law 2008-40 amended comprehensive amendment 13 to recognize site
specific lot areas for lots on Magee Lane. This is the second instance in the
Municipality where the -13 exception number has additional site specific provisions.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
112
b)
Site Specific Exceptions (the exception number applies to a specific parcel of land).
16.20
Notwithstanding the permitted uses on lands identified with a (-20) exception number, and
described as Lots 41 through 43, Concession 3 NDR, former Township of Osprey, no
residential uses or hog facilities are permitted.
16.21
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-21)
exception number, and described as Part of Lot 43, Concession 2 NDR, former Township of
Osprey, the following provisions shall apply:
-
Permitted uses are restricted to a single-family detached dwelling, and uses, buildings and
structures accessory thereto
-
Prior to any construction or issuance of a building permit or septic permit, the proponent
shall obtain a permit from the Nottawasaga Valley Conservation Authority, pursuant to
the Conservation Authorities Act.
16.22
Permitted uses on lands identified with a (-22) exception number, and described as Lot 20,
Concession 13, former Township of Osprey shall be limited to a Water Bottling Facility,
subject to the following definition and provisions (Reference: Ice River Springs - Aquafarms).
-
A 'Water Bottling Facility' shall mean premises where water is bottled in bottles, which
may be manufactured on site, and from which bottled water is shipped to a wholesale or
retail outlet.
-
Maximum lot coverage shall be 6,400 square metres
-
Maximum building height shall be 11 metres
-
Minimum Front Yard shall be 15 metres
-
Loading spaces may be situated within the front yard, but shall not be situated any closer
to the street line than 15 metres.
-
Open air operations, storage and display are not permitted
16.23
Permitted uses on lands identified with a (-23) exception number, and described as Part of Lot
1, Concession 7, former Township of Artemesia, on Irish Lake, shall be limited to Passive
Recreational Uses.
16.24
Permitted uses on lands identified with a (-24) exception number and described as Lots 115
and 116, Concession 1 SWTSR, former Township of Artemesia, shall include an Operational
Base for a Carnival Amusement Operation subject to the following definition and provisions
(Reference By-law 24-1996 - Robertson):
i)
A 'Operational Base' for a Carnival Amusement Operation shall mean a rural commercial
establishment where facilities are provided for the purpose of maintenance and storage
of a carnival or similar exhibition such as a circus, midway show or sideshow, and where
one or more of the following classes of amusement or recreation are also provided:
mechanically or electrically operated rides and amusement rides for the purpose of
physically moving people. The Operational Base shall also include storage for various
equipment related to and necessary for the Carnival operation and the necessary areas or
buildings for the maintenance and repair of the equipment.
ii)
Seasonal accommodation of employees and their families is permitted in the form of a
maximum of five mobile homes or trailers. For the purposes of this sub-section,
'seasonal' means the temporary use of land, buildings or structures for not more than
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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six and one half consecutive months in any calendar year.
iii) The Operational Base for the Carnival Amusement Operation shall not be open to the
public nor will it provide commercial entertainment to the public.
iv) All new or expanded development on the property is subject to Site Plan Control
approval.
16.25
Permitted uses on lands identified on lands identified with a (-25) exception number, and
described as Part of Lot 11, Concession 5, former Township of Osprey, shall include a
commercial greenhouse. (Reference: Ezra Martin)
16.26
Permitted uses on lands with a (-26) exception number and described as Part of Lot 1,
Concession 7, former Township of Artemesia, on Irish Lake, shall be limited to a Private
Recreational Resort in accordance with the following definitions and provisions:
-
All development shall be subject to Site Plan Control Approval
-
A 'Private Recreational Resort' shall mean premises used by a private club (or
organization) for recreational purposes, where members may be temporarily
accommodated in seasonal dwellings (or cottages). No other form of living or sleeping
accommodation shall be permitted on the premises. One (1) Clubhouse Facility shall be
permitted for the exclusive use of the club members.
-
A 'Seasonal Dwelling or Cottage' means one of a group of buildings in a recreational
Resort equipped with sanitary and culinary facilities and designed for human habitation
on a temporary or occasional basis.
-
A 'Temporary or Occasional' basis shall mean a maximum occupancy of 120 days per
calendar year
-
Regulations for a Private Recreational Resort:
i.
Maximum number of Seasonal Dwellings shall be 21
ii. Minimum gross floor area for Seasonal Dwellings shall be 62.5 square metres
iii. Maximum gross floor area for Seasonal Dwellings shall be 82.5 square metres
iv. Seasonal dwellings which existed on or before April 26, 1999, which exceed the
maximum floor area provided above, may be altered, reconstructed or restored
provided the alteration, reconstruction or restoration will not increase the height, size
or volume of the Dwelling
v. Maximum height for a Seasonal Dwelling shall be 1.5 stories
vi. Maximum gross floor area for the Clubhouse shall be 110 square metres
vii. Site Regulation: Each Seasonal Dwelling and the Clubhouse must be situated within
an individual Building Envelope as delineated on Schedule E-2, Map A of this By-
law
viii. Permitted Accessory Uses, Buildings and Structures shall include one (1) Accessory
Building per building envelope, and unenclosed Picnic Areas
ix. Maximum gross floor area for each Accessory Building shall be 9.25 square metres
x. Water supply and/or sewage disposal shall not be installed, connected or provided
to any Accessory Buildings or Structure
xi. Lands identified with a (-26) exception number, are hereby subject to a holding
provision established under Section 36 of the Planning Act, R.S.O, 1990, as amended.
The holding symbol shall only be removed once an engineering report
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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has been prepared to the satisfaction of the County of Grey, Ministry of the
Environment and the Municipality, which demonstrates the adequacy of all existing
and proposed water and sanitary sewage systems on-site.
16.27
Permitted uses on lands identified with a (-27) exception number and described as Part of Lot
121, Concession 1 SWTSR, former Township of Artemesia, shall be limited to the following
(Reference: Markdale Tractor):
-
Farm supply outlet
-
Farm produce outlet
-
Farm implement and equipment sales and service
-
Snowmobile and All Terrain Vehicle sales
-
Veterinary clinic
-
Open Storage
-
Retail nursery
-
Accessory Buildings
-
Greenhouse
16.28
Permitted uses on lands identified with a (-28) exception number and described as Part of Lots
39 and 40, Concession 11, former Township of Artemesia, shall include a small-scale
commercial use comprising a cooking school and fly fishing school and related
accommodation for guests and staff subject to the following definitions and provisions:
(Reference: Silver Springs)
i)
A cooking and fly fishing school shall mean a place where people receive instruction
on food preparation and fishing activities, and shall include associated temporary
accommodation and meeting facilities, but does not include a restaurant or a
motel/hotel.
ii)
Maximum lot coverage for all buildings and structures associated with the cooking
school and fly fishing school shall not exceed 400 square metres).
iii)
A maximum of 8 rooms for guest accommodation is permitted.
iv)
A maximum of 16 guest occupants are permitted at any one time.
v)
The existing barn may be used for two staff accommodation rooms and a meeting
room. The staff accommodation rooms shall not be available for remuneration.
vi)
The maximum number of full time employees shall be three (3) in addition to the
owner(s).
vii)
The meeting room shall only be used for the purpose of the cooking school, and fly-
fishing school, and shall not be available to the general public.
viii)
All new development relating to the commercial use is subject to Site Plan Control
approval.
16.29
Permitted uses on lands identified with a (-29) exception number and described as Part of Lot
122, Concession 1, SWTSR, former Township of Artemesia, shall be limited to a transport
terminal and warehousing uses, and the maximum lot coverage permitted shall be 30%.
(Reference: Chapmans Ice Cream)
16.30
Permitted uses on lands identified with a (-30) exception number and described as Part of Lot
22, Concession 7, former Township of Euphrasia, shall include a Private School subject to the
following definition. A 'Private School' shall include classrooms and related educational and
living accommodations for a maximum of 25 students, and their instructors, and residential
facility managers or supervisors. (Reference: Rocklyn Academy)
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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16.31
Permitted uses on lands identified with a (-31) exception number, and described as Part of
Lot 29, Concession 11, former Township of Osprey, shall include a cooking school and a farm
dining operation as a secondary use to the principal agricultural use of the property, subject to
the following definition and provisions: (Reference: Stadtlander)
-
A cooking school and farm dining operation shall mean a place where people receive
instruction on food preparation, and where meals are served on a limited basis primarily
utilizing the products generated by the principal farming activity on the property, and shall
also include accommodation for cooking apprentices and temporary farm labour.
-
The cooking school and farm dining operation shall only be permitted as a secondary
use to the principal agricultural use of the property.
-
The cooking school and farm dining operation shall occupy only the house and one
outbuilding to a maximum of 250 square metres.
-
The accommodation for cooking apprentices and temporary farm labour shall be limited
to sleeping quarters and washroom facilities and shall not include any kitchen facilities.
-
A maximum of 18 quest occupants are permitted at any one time.
-
Guest and/or staff rooms shall not be made available for remuneration.
-
The maximum number of full time employee's associated with the cooking school or
farm-dining operation shall be five (5) in addition to the owner.
-
Outdoor storage shall be limited to a maximum of 750 square metres and shall be situated
behind the front or exterior wall of the principal building facing the front lot line, and
complies with all other yard requirements of the By-law.
-
Any area of the lot used for open storage shall be screened from public exposure by
buildings and/or a planting strip and/or a fence.
-
All development on the property is subject to Site Plan Control Approval.
16.32
Permitted uses on lands identified with a (-32) exception number, and described as Lot 21,
Con 7, former Township of Osprey, shall include a kennel as an accessory use to a single
family dwelling, subject to the following definition and provisions:
A 'kennel' shall mean a building, structure and/or chain link enclosures where dogs are kept,
boarded, and bred for the purpose of sale and/or pets, and
-
The maximum area of any buildings and/or structures used for the kennel shall be
116 m2
-
The minimum front yard setback shall be 170 metres
-
The minimum side yard setback shall be 30 metres
-
All buildings structures and/or chain link enclosures, shall be subject to the
following:
i)
such kennel units (buildings, structures and chain link enclosures) shall not
cover an area greater than 464 m2.
ii)
the chain link kennel area is situated behind the front or exterior wall of the
principal dwelling facing the front lot line, and complies with all other yard
requirements of the By-law.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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iii)
any area of the lot used for the kennel shall be screened from public exposure
and adjacent rural residential uses by buildings and/or a planting strip and/or
privacy fence.
iv)
Maximum number of adult dogs permitted shall be twenty (20). An adult dog
is defined as being older than one calendar year, and does not include
puppies.
v)
for the purpose of this By-law, the pedigree of dogs in the described kennel
shall be of Bigion, Shitzu, and Yorkshire Terrier breeding only.
16.33
Notwithstanding other provisions in this By-law to the contrary, the following provisions
apply to lands identified with a (-33) exception number, and described as Part of Lot 38,
Concession 7, former Township of Artemesia (Reference: Serbec/Irwin):
-
The construction of buildings, structures, septic systems, and any other site alteration
within 50 metres of the Wetland (W) Zone can only occur based on the recommendation
of a Scope Environmental Impact Study, which has been reviewed the to satisfaction of
the County and the Municipality. The only exception to this is that in the areas identified
by a black hatching, which have previously been assessed, attached a 10-metre setback
from the Wetland (W) Zone is required.
-
New accessory buildings and structures may be located in front of the principle building
-
A maximum of one livestock unit per 0.4 hectares of agricultural lands is permitted.
16.34
Permitted uses on lands identified with a (-34) exception number and described as Lot 4,
Concession 13, former Township of Osprey, shall include the running of Horse Shows subject
to the following definition and provisions. A 'Horse Show' shall mean the use of lands,
buildings, or structures for the purpose of the staging of equestrian events, and the temporary
boarding of horses in association with these events, but does not include the racing of horses.
During the horse shows only, food and beverage sales to participants and spectators is also
permitted. (reference: Russell Smith).
16.35
Permitted uses on lands identified with a (-35) exception number and described as Part of Lot
145, Concession 1 NETSR, former Township of Artemesia, shall be limited to the following
(Reference: former Artemesia Municipal Office):
-
Retail Stores
-
Equipment sales and rental
-
Service Shops
-
Plumbing Shops
-
Studios
-
Electrical Shops
-
Personal Service Shops
-
Banks or financial institutions
-
Medical Centre
-
Recreational uses
-
Business and Professional offices
-
Food Catering Shop: A 'Food Catering Shop' is defined as the use of land, buildings or
structures for the purposes of food preparation which shall be transported and sold
off-site, and shall not include a restaurant.
16.36
Permitted uses on lands identified with a (-36) exception number, and described as Part of Lot
146, Concession 1 SWTSR, former Township of Artemesia, shall be limited to the following
(Reference: Bernard):
-
Retail Stores
-
Equipment sales and rental
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
117
-
Service Shops
-
Plumbing Shops
-
Studios
-
Electrical Shops
-
Personal Service Shops
-
Banks or financial institutions
-
Medical Centre
-
Recreational uses
-
Business and Professional offices
16.37
Permitted uses on lands identified with a (-37) exception number and described as Part of Lot
18, Concession 6, former Township of Osprey, shall be limited to the following uses as listed
and defined below (Reference: Maxwell Landscaping):
-
Wholesaling
-
Horticultural Nursery and Landscaping Centre
-
Dry Industrial
-
Sawmill
-
Public Garage
-
Uses accessory to the foregoing, including retail sales
16.38
Permitted uses on lands identified with a (-38) exception number and described as Part of Lot
18, Concession 6, former Township of Osprey, shall be limited to a Transport Terminal
(Reference: Plantt Brothers):
16.39
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-39) exception number and located on Part of lot 30, Concession 10, former Township of
Osprey, a driveway may be located a minimum of 50 metres away from the provincially
significant wetland (Reference: Stoklas).
16.40
Permitted uses on lands identified with a (-40) exception number and described as Part of Lot
122, Concession 1 SWTSR, former Township of Artemesia, shall be limited to the following
(Reference: Huron Bay Co-op):
-
Farm supply outlet
-
Farm produce outlet
-
Farm implement and equipment sales
and service
-
Snomobile and All Terrain Vehicle
sales
-
Veterinary clinic
-
Open Storage
-
Retail nursery
-
Accessory Buildings
-
Greenhouse
16.41
Permitted uses on lands identified with a (-41) exception number, and described as Lots 5 and
6, Concession 3 NDR, former Township of Osprey, shall include a Welding Shop subject to
a following definition and provisions: A 'Welding Shop' shall mean the use of land, building,
or structures for the purpose of repairing agriculturally related machinery, vehicles, and
equipment directly supportive and related to agricultural operations. The welding shop may
include as a secondary use the fabrication of parts for agricultural equipment, as well as the
making of wrought iron products for agricultural use. The maximum area of any buildings and
structures used for the Welding Shop shall not exceed 750 square metres, and all other General
Provisions of this By-law pertaining to Small-Scale Commercial and Industrial Uses detailed
in Section 5.13 apply. (Reference: Owen Frey)
16.42
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-42)
exception number, and located in the Hamlet of Kimberley, in the former Township of
Euphrasia, a single family residential use is permitted, provided such use is not located in a
building separate from any commercial use on the property (Reference: Cats).
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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16.43
In addition to the uses permitted, on lands identified with a (-43) exception number, and
described as Lot 33, concession 13, former Township of Artemesia, the following uses are
permitted subject to Site Plan Control Approval (Reference: Doug Vanry):
-
Health Spa
-
A maximum of 4 trailer campsites
-
One Single-family dwelling
16.44
Permitted uses on lands identified with a (-44) exception number, and described as Part of Lot
30, Concession 7, former Township of Osprey, and further described as Lot 16, Registered
Plan 843, shall be limited to single family detached dwellings, and buildings and structures
accessory thereto. (Reference: Brewster's Lake)
16.45
Permitted uses on lands identified with a (-45) exception number, and described as Part of
Lots 58, 59 and 60, Concession 1 and 2, NDR, former Township of Osprey, shall include a
small-scale commercial sawmill is permitted subject to the following provisions:
i)
All new development relating to the small-scale commercial sawmill will be subject to
Site Plan Control approval, which will make specific reference to maintaining the
agricultural landscape (i.e. buffering and landscaping).
ii)
Maximum lot coverage for all buildings and structures associated with the sawmill
shall not exceed 560 square metres.
iii)
All other General Provisions of this By-law pertaining to Small-Scale Commercial
and Industrial Uses detailed in Section 5.13 apply.
16.46
Permitted uses on lands identified with a (-46) exception number at the Talisman Mountain
Resort, shall be limited to the following and are subject to Site Plan Control Approval.
-
A ski center including associated day use base lodges, maintenance facilities and parking
facilities, and resort, hotel, motel and related commercial and recreational uses and
facilities.
-
Ski chalets and commercial development such as lodges, retail stores and service
establishments associated with the centre
-
Resort/tourist development and related recreational uses and facilities such as golf
courses, tennis courts, public or private parks, trail uses, and attractions.
-
Recreational facilities, which require the slope for the proper functioning of the
operation, such as snowboard runs, ski runs, ski lifts and slides.
-
Passive open space uses, and conservation, forestry and wildlife uses.:
16.47
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-47) exception number, and described as Part of Lot 181, Concession 1, NETSR, former
Township of Artemesia, the following additional uses are permitted
-
Driving range
-
Miniature golf course
-
Retail golf pro shop, subject to a maximum gross floor area of 135 square metres.
16.48
Permitted uses on lands identified with a (-48) exception number, and described as Part of Lot
145 and 146, Concession 1 SWTSR, former Township of Artemesia and Village of
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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Flesherton, shall be limited to the following:
-
A sewage treatment facility
-
A commercial communications tower.
-
Accessory buildings and structures to a permitted use.
16.49
Permitted uses on lands identified with a (-49) exception number, and located west of Pioneer
Drive to the limits of the toe of the Prominent Escarpment Slope at the Beaver Valley Ski
Club, former Township of Euphrasia, shall be limited and subject to the following:
-
Expansion of the existing clubhouse, the development of new accessory structures, and
the development of other structures incidental to the ski operation.
-
Recreational facilities which require the slope for the proper functioning of the
operation, such as snowboard runs, ski runs, ski lifts and slides.
-
Passive open space uses, and conservation, forestry and wildlife uses.
-
Maximum Gross Floor Area of all buildings and structures shall be 700 square metres.
-
Maximum height of all buildings and structures shall be 7 metres.
-
All development is subject to Site Plan Control approval.
16.50
Permitted uses on lands identified with a (-50) exception number, and located in the vicinity
of the existing Clubhouse, west of Pioneer Drive at the Beaver Valley Ski Club, former
Township of Euphrasia, shall be limited to the following and are subject to Site Plan Control
Approval.
-
Clubhouse
-
Accessory structures
-
Recreational facilities which require the slope for the proper functioning of the
operation, such as snowboard runs, ski runs, ski lifts and slides.
-
Passive open space uses, and conservation, forestry and wildlife uses.
16.51
Permitted uses on lands identified with a (-51) exception number in the former Village of
Flesherton, shall include a Funeral Home and uses, buildings and structures accessory thereto.
16.52
Notwithstanding any provisions in this By-law to the contrary, on lands identified with a (-52)
exception number, and located north of Main Street and west of Wellington Street in the
former Village of Markdale, the maximum lot coverage shall be 65%, and the maximum gross
floor area shall be 85%. (Reference: Chapman's Ice Cream)
16.53
Permitted uses on lands identified with a (-53) exception number in the Hamlet of Eugenia,
shall include a salvage yard and uses, buildings and structures accessory thereto.
16.54
Permitted uses on lands identified with a (-54) exception number in the Village of Markdale,
shall include a building supply centre and yard shall.
16.55
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-55) exception number, and described as (i) Parcel One: Part of Lot 36, Concession 13,
former Township of Osprey and (ii) Parcel Two: Part of Lot 2, Concession 12, former
Township of Osprey, the barns existing on each property as of 2002, shall be used for dry
storage purposes only. (Reference: McQueen & Unison)
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
120
16.56
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-56)
exception number, and described as Part of Lot 35, Concession 11, former Township of
Osprey, all buildings and structures must be located in the defined building envelope, and a
maximum of 6 livestock units are permitted. The building envelope has been demarcated in
black on the applicable Schedule to this By-law (Reference: Edwards).
16.57
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-57)
exception number, and described as Lot 26, Concession 13, former Township of Osprey, a
small-scale water bottling operation is permitted to a maximum gross floor area of 150 square
metres. A 'Small-Scale Water Bottling Operation' shall mean the processing, bottling, storage,
and transportation of bottled water for the purpose of producing a beverage for human
consumption. (Reference: By-law 40-1998). This property is subject to site plan control
approval.
16.58
Permitted uses on lands identified with a (-58) exception number, and described as Part of Lot
5, Concession 11, former Township of Euphrasia, shall include a Non-Profit Bible Camp and
ancillary uses subject to the following definition and provisions (Reference: Campfire):
i)
A 'Non-Profit Bible Camp' shall mean a place where non-profit religious groups
gather year round for collective learning and relaxation"
ii)
The maximum number of employee's shall be 35
iii)
The maximum number of buildings on site shall be 25
iv)
The maximum gross floor area of all buildings shall be 2044 square metres
v)
Ancillary uses shall be limited to the following:
-
One chapel/recreation/meeting room
-
One communal dining room and kitchen facility
-
One Warden's residence
-
Supply and craft cabins
-
Sleeping cabins
-
Outdoor recreational facilities such as a soccer pitch, baseball and softball
diamond, swimming pool
-
Parking facilities
-
Games room
-
One male and one female washroom facility.
vi)
All development is subject to Site Plan Control Approval.
16.59
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-59)
exception number, and described as Lot 28, Concession 2, and Parts 1, 2 and 3 on Plan 16R-
4741, former Township of Euphrasia, the minimum rear yard setback for all buildings and
structures from the Hazard Zone boundary shall be 7.5 metres.
16.60
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-60)
exception number, and located in the Hamlet of Feversham, the maximum lot coverage shall
be 17.4 per cent. In addition the maximum lot coverage for accessory buildings shall be
5.4 per cent, provided that the lot coverage of all buildings on the lot does not exceed the
maximum lot coverage of 17.4 per cent (Reference: Miller)
16.61
Permitted uses on lands identified with a (-61) exception number, and located in the Hamlet
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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of Feversham, shall be limited to a farm implement and equipment sales and service
establishment.
16.62
Permitted uses on lands identified with a (-62) exception number, located in the Hamlet of
Maxwell, former Township of Osprey, shall be limited to the following (Reference: Former
Osprey Municipal Offices)
-
Bakery Shops
-
Personal service shops
-
Banks or financial institutions
-
Service shops
-
Business or professional offices
-
Studios
16.63
Permitted uses on lands identified with a (-63) exception number, located in the Hamlet of
Maxwell, former Township of Osprey, shall be limited to the following uses. In addition, any
open storage shall be completely screened from public exposure through the use of
landscaping in the form of vegetation or fencing, as determined by the Municipality.
(Reference: Lisanti)
-
Animal Clinic
-
Cold Storage Lockers
-
Custom Workshop
-
Vehicle Sales
-
Restaurant
-
Public Storage Facility
-
Building Supply
-
Retail Sales
-
Hotel
-
Garden Centre
-
Motel
-
Farm Implement Equipment Sales and
Service Establishment
16.64
Permitted uses on lands identified with a (-64) exception number, located in the Hamlet of
Rocklyn, in the former Township of Euphrasia, shall be limited to the following: (Reference
former Euphrasia Municipal Office)
-
retail stores
-
service shops
-
boutiques
-
small-scale craft shops
-
business and professional offices
16.65
Notwithstanding any other provisions of this By-law, the maximum lot coverage on lands
identified with a (-65) exception number, located in the Hamlet of Ceylon, shall be 420 square
metres.
16.66
Permitted uses on lands identified with a (-66) exception number, and located on Lake Eugenia
shall be limited to recreational tourist cabins, a restaurant with a maximum floor area of 40
square metres and a single family dwelling. In addition, a maximum of 8 recreational tourist
cabins are permitted. All development on lands identified with a (-66) exception number are
subject to Site Plan Control Approval.
16.67
Permitted uses on lands identified with a (-67) exception number, and located on Lake
Eugenia, shall be limited to a tent and trailer campground containing a maximum of 25 tent
and trailer sites and a maximum of 9 recreational tourist cabins, a two storey administration
centre containing a registration area, games room, fast food service, a convenience store/gift
shop and an accessory dwelling in the second storey, as well as those uses, buildings and
structures accessory to the permitted uses including a miniature putting golf course. All
development on lands identified with a (-67) exception number are subject to Site Plan Control
Approval. (Reference: By-law 32-1989)
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
122
16.68
Permitted uses on lands identified with a (-68) exception number, and described as Part of Lot
26, Concession 6, former Township of Artemesia, are limited to a convenience store and a
butcher shop (Reference: Maxwell Meats).
16.69
Notwithstanding any other provisions in this By-law to the contrary, on lands identified with
a (-69) exception number, and located in the Hamlet of Feversham, former Township of
Osprey, the following provisions apply (Reference: Williams):
-
Minimum front yard setback shall be 5.9 metres
-
Minimum side yard setback shall be 0.9 metres
-
Minimum setback from County Road 2 shall be 11.8 metres
-
An accessory building may be constructed in front of the main use building
16.70
Permitted uses on lands identified with a (-70) exception number, and located in the Hamlet
of Maxwell, shall be limited to the following:
-
Retail stores
-
Personal service shops
-
Agricultural Equipment Sales and Service Establishment. Shall mean the use of lands,
buildings and structures for the display and sale of new and/or used farm equipment and
may include servicing, repair, and lubrication of farm or heavy equipment, the sale of farm
equipment accessories and related products and the leasing or renting of farm equipment.
-
Open Storage Area. Shall mean a portion of a lot where goods, materials, and farm
implement equipment may be kept or stored, and which is only permitted in the rear yard.
-
Uses, buildings and structures accessory thereto.
16.71
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-
71) exception number, and described as Part of Lot 151, Concession 2, SWTSR, former
Township of Artemesia the use of tourist cabins is permitted. 'Tourist Cabins' shall mean a
recreational establishment where families are temporarily accommodated in cabins, but does
not include a tent and/or trailer campground or mobile home park. This property is subject
to site plan control approval.
16.72
Permitted uses on lands identified with a (-72) exception number, and described as Part of Lot
136, Concession 1 NETSR, former Township of Artemesia, shall be limited to the following
(Reference: Hutchison):
-
Motor vehicle sales, service and
washing establishment
-
Chip wagon: maximum size of 14
square metres
-
Enclosed & open storage
-
Motor vehicle body shop
-
Accessory uses and structures
This property is subject to site plan control approval.
16.73
Permitted uses on lands identified with a (-73) exception number, and described as Part of Lot
136, Concession 1 NETSR, former Township of Artemesia, shall be limited to a Retail Store
and Model Show Home Sales Establishment, which shall mean a building or structure to be
used as an exhibit in which one or more persons are employed in the conducting of retail sales
of homes. This property is subject to site plan control approval.
16.74
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-74)
exception number, and described as Lot 117, Concession 1 SETSR, former Township
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
123
of Artemesia, an automobile and equipment repair establishment comprising not more than
250 square metres of an accessory building is permitted (Reference: Jim Turnbull). This
property is subject to site plan control approval.
16.75
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-75)
exception number, and described as Lot 1, Concession 8, former Township of Artemesia, the
storage and sale of carpets and flooring materials is permitted (Reference: Paul's Carpeting).
This property is subject to site plan control approval.
16.76
Permitted uses on lands identified with a (-76) exception number, and described as Part of Lot
190, Concession 1 NETSR, former Township of Artemesia, shall be limited to One Single
Family Detached Dwelling, a Motor Vehicle Sales Establishment and a Motor Vehicle and
Small Engine Repair Shop subject to the following definitions:
A 'Motor Vehicle Sales Establishment' shall be restricted to a maximum of four (4) vehicles
and these vehicles must have been certified by the Ministry of Transportation.
A 'Motor Vehicle and Small Engine Repair Shop' shall mean any lands, buildings, or structure
where the exclusive service performed or executed on motor vehicles and small engines, for
compensation, shall include the installation of the exhaust system, repair of the electrical
system, transmission repair, brake repair, radiator repair, tire repair and installation,
rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar
uses.
This property is subject to site plan control approval.
16.77
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-77)
exception number, and described as Part of Lot 77 and 78, Concession 2 SDR, former
Township of Artemesia, a salvage yard and uses, buildings and structures accessory thereto is
permitted (Reference: Exception 15 in By-law 50-1981). This property is subject to site plan
control approval.
16.78
Permitted uses on lands identified with a (-78) exception number, and described as Part of Lot
24, Concession 1, former Township of Euphrasia, shall be limited to Equipment Sales and
Rental and a Custom and Craft Workshop. This property is subject to site plan control
approval.
16.79
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-79)
exception number, and described as Lot 11 and 12, Concession 4, former Township of Osprey,
a boys and girls campground is permitted. A 'Boys and Girls Campground' shall mean a
recreational establishment operated by a private or public organization where children or
adults are temporarily accommodated in tents, cabins, cottages or lodges and shall include a
day camp or scout camp but does not include a tent and trailer campground or a mobile home
park. This property is subject to site plan control approval. (Reference: By-law 7-1982).
16.80
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-80)
exception number, and described as Part of Lot 6, Concession A, former Township of Osprey,
the welding, repair, sales and storage of small engines and farm machinery is permitted
(Reference: By-law 10-1986). This property is subject to the Small-Scale Commercial and
Industrial provisions defined in Section 5.13 of this By-law.
16.81
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-81)
exception number, and described as Lot 36 and 37, Concession 12, former Township of
Osprey, a woodworking and retail picture frame store is permitted to a maximum of 115 square
metres (Reference: By-law 5-1987). This property is subject to site plan control approval.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
124
16.82
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-82)
exception number, and described as Lot 27, Concession 14, former Township of Osprey, a
log home construction operation is permitted (Reference: By-law 20-1991). This property is
subject to site plan control approval.
16.83
Permitted uses on lands identified with a (-83) exception number, and described as Part of Lot
5, Concession 6, former Township of Euphrasia, Hamlet of Kimberley, shall be limited to the
following:
-
Retail store
-
Convenience store
-
Business or Professional office
-
Personal Service Shop
-
Dwelling unit in second storey
16.84
Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (-84)
exception number, and described as Part of Lot 15, Concession 12, former Township of
Osprey, a Butcher Shop shall be permitted as a home industry use subject to the following
definition and provisions (Reference: Routheut).
-
A Butcher Shop shall mean the cutting and butchering of meat and may include the
package of same, but shall not include the use of any portion of the property for an
abattoir or for the slaughtering of meat. The Owner may charge for butchering services,
but may not sell butchered or other products from this property.
-
A Butcher Shop is subject to the provisions of Section 5.12 of this By-law.
-
May be located in an accessory structure which shall be permitted in front of the residential
dwelling on the property.
-
The use of any buildings or structures for the Butcher Shop is subject to site plan control.,
which will address matters such as the need for a secondary septic system, disposal of
waste products, signage, and inspections for compliance with the Food Premise
Regulation.
16.85
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-85) exception number, and described as Part of Lot 1, Concession 10, former Township
of Osprey, the trailer, as modified existing on the property on October 27, 2003 is considered
a permanent residential dwelling unit for the purposes of this By-law. (Reference: Bourdeau).
16.86
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-86) exception number, and described as Part of Lot 161, Concession 3 NETSR, former
Township of Artemesia, a landscaping and construction business is permitted as home
occupation use accessory to a permitted single-family residential use. All provisions of this By-
law pertaining to Home Industry uses apply to the landscaping and construction business,
except that the maximum area of an accessory building to be used for the home industry shall
be 110 square metres.
16.87
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-87) exception number, located on the west side of Toronto Street, village of Markdale, the
sale of antiques and a funeral home are also permitted. This property is subject to site plan
control approval.
16.88
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-88) exception number, and described as Part of Lot 45 and all of Lot 46, Concession 1
SDR, former Township of Osprey, small-scale commercial uses are subject to the following
provisions (Reference John Martin):
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
125
-
Must be located within the existing structure.
-
Maximum area of all buildings and structures used for the small-scale use shall be 371
square metres.
16.89
Permitted uses on lands identified with a (-89) exception number, and described as Part of Lot
31, Concession 5, Hamlet of McIntyre, former Township of Osprey, shall be limited to the
following (Reference: By-law 2005-06 Edwin Martin ):
-
Small-scale welding and steel fabricating shop subject to the provisions of Section 5.13
of this By-law
-
One single-detached dwelling
-
Uses, buildings and structures existing on the date of adoption of this by-law
-
Uses, buildings and structures accessory to a permitted use
16.90
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-90) exception number, and described as Part of Lot 56 and 57, Concession 2 NDR former
Township of Osprey, an 'Accessory Farm Residence' shall be a permitted use subject to the
following definition and provisions (Reference: Samuel Martin):
-
An 'Accessory Farm Residence' shall mean a secondary single-detached dwelling used as
a residence for persons employed or otherwise engaged in active farm operations on the
property.
-
The secondary single-detached dwelling containing the farm residence shall be removed
from the property when it no longer required to house farm help. The exception to this
is that the owner will have the option of converting the dwelling to a non-habitable
structure to the satisfaction of the Municipality.
16.91
Permitted uses on lands identified with a (-91) exception number, and described as Part of Lot
11, Concession 1 NDR, former Township of Osprey, shall be limited to the following
(Reference: Soloman Hoover):
-
Place of worship
-
Cemetery
-
Accessory uses, buildings and structures
16.92
Permitted uses on lands identified with a (-92) exception number, and described as Part of Lot
101, Concession 1 SWTSR, former Village of Markdale, shall be limited to the following
(Reference: Chapmans):
-
A motor vehicle parking lot for use by area businesses and trail users.
16.93
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-93) exception number, and described as Part of Lots 145, 146 and 147, Concession 1
SWTSR, former Township of Artemesia, are considered to have frontage on a municipal road
through abutting lands described as Part 3, Plan 16R-5439. Lands zoned C2-93 are subject to
site plan control approval. (Reference: Ron Miller)
16.94
Permitted uses on lands identified with a (-94) exception number, and described as Lot 8 and
9, Plan 39, and known municipally as 24 Beachell Street in the village of Flesherton, include a
single-detached, semi-detached or duplex dwelling. The following provisions shall apply to a
duplex (Reference: Armstrong/Allen):
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
126
-
The minimum lot frontage for development on municipal sanitary sewers and private
water shall be 21 metres.
-
The minimum lot area for a duplex dwelling with municipal sanitary sewers and private
water shall be 940 square metres.
16.95
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-95) exception number, and described as Part of Lots 33 and 34, Concession 9 on Peter's
Crescent at Lake Eugenia, permitted uses shall be limited to the following:
-
Public or private park and playground
-
Passive recreational uses
16.96
Notwithstanding any other provisions of this By-law to the contrary, the minimum lot frontage
on lands identified with a (-96) exception number, and described as Part of Lot 6, Plan 441 in
the Hamlet of Kimberley, former Township of Euphrasia, shall be 16.2 metres.
16.97
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-97) exception number, and described as Part of Lot 6, Plan 441 in the Hamlet of Kimberley,
former Township of Euphrasia, the minimum lot area shall be 0.13 hectares and the minimum
lot frontage shall be 13.7 metres.
16.98
Temporary Use By-law 2005-81, Temporary Lube Centre for three years. By-law lapses
December 2008.
16.99
Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-99) exception number, and described as Part of Lots 69 and 70, Concession 3 SDR, former
Township of Osprey, the existing barn may be used for dry storage purposes only and subject
to the following provisions:
-
Dry Storage shall mean the storage of materials incidental to an agricultural operation,
but excludes the housing of livestock and any animal waste.
-
The existing barn is considered an accessory structure, and may be located in the front
yard of the single detached dwelling on the property.
-
The minimum front yard setback for the existing detached accessory structure (former
barn) shall be 0.0 metres.
16.100 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-100) exception number, and described as Part of Lots 69 and 70, Concession 3 SDR, former
Township of Osprey, the following additional provisions shall apply:
-
The number of livestock units permitted will be based on a livestock to land ratio, and
shall be a maximum of one (1) livestock unit per 0.4 hectares of land.
-
The minimum lot area shall be 8.6 hectares.
-
The minimum front yard setback of the existing single detached dwelling shall be 17.0
metres.
-
The minimum side yard setback of the existing single detached dwelling unit shall be 8.0
metres.
-
The future expansion of any existing buildings or structures on the subject lands will be
subject to the applicable zone provisions for the property.
16.101 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
127
a (-101) exception number, and described as Part Lot 12, Concession 6, former Township of
Euphrasia, the minimum lot frontage shall be 100 metres.
16.102 Not approved
16.103 Not approved
16.104 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-104) exception number, and described as Lot 124, Concession 3 SWTSR former Township
of Artemesia, a Garden Suite is a permitted use for a period of not more than ten
(10) years from March 27, 2006 subject to the following additional provisions:
-
Upon lapsing of the By-law, the zoning bof the property will revert to the underlying
Agricultural zone (A1).
-
Upon lapsing of the by-law, the habitable space associated with the Garden Suite will be
removed or altered to a use permitted under the By-law.
-
The location of the Garden Suite shall be subject to Site Plan Control.
16.105 Permitted uses on lands identified with a (-105) exception number, and described as Part Block
2, Plan 850, and Part Lot 34, Concession 9, former Township of Artemesia, shall include a
portable or floating dock.
16.106 Permitted uses on lands identified with a (-106) exception number, and described as Lots 18
and 19 Registrars Compiled Plan 828 and Part Lot 33, Concession 11, former Township of
Artemesia, shall include a portable or floating dock.
16.107 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-107) exception number, and described as Lot 27, Concession 8, former Township of
Osprey, the minimum lot frontage shall be 85 metres.
16.108 Permitted uses on lands identified with a (-108) exception number, and described as Part Lot
1, Concession 9, former Township of Osprey, shall include the temporary erection of a
Meteoroligical Lattice Tower subject to the following provisions:
-
A Meteorological lattice tower is a permitted use for a period of three (3) years from
November 10, 2006.
-
Council may by By-law grant a further periods of not more than three years each during
which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the previous Rural
(RU) Zone (or such new zoning in effect for the Municipality).
-
Upon lapsing of the Bylaw, the Meteorological Lattice Tower shall be removed.
-
The minimum setback for the Meteorological Lattice Tower from all public roads shall
be equal to the height of the tower.
-
The maximum height for the Meteorological Lattice Tower shall be 80 metres.
-
Construction of the Meteorological Lattice Tower shall be subject to Site Plan Control
Approval.
16.109 Permitted uses on lands identified with a (-109) exception number, and described as Part Lot
101, Concession 1 SWTSR, and Part Lot 13, Block E Plan 582, former Village of Markdale,
shall be limited to the following:
-
Professional and Business Offices
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
128
-
Retail Commercial
-
Single detached and multi-attached residential uses
-
Personal Service Shops
-
Service shops
-
A wine making establishment. For the purposes of this By-law, a wine making
establishment shall mean the use of a building for the purposes of processing fruit to
create wine and shall include storage of wine, fermentation, stabilization, aging and
bottling.
-
Uses, buildings and structures accessory to a permitted use.
16.110 Permitted uses on lands identified with a (-110) exception number, and described as Part Lot
16, Concession 9, former Township of Osprey, shall be limited to the following:
-
Professional and Business Offices
-
Retail Commercial
-
A residential use accessory to the principal commercial use
-
Financial Institutions
-
Passive and Active Recreational uses
-
Medical Clinics
-
Personal Service Shops
-
Service Shops
-
Uses, buildings and structures accessory to a permitted use.
16.111 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-111) exception number, and described as Part Lot 22, Concession 6, former Township of
Euphrasia, the following additional provisions shall apply:
-
The existing barn may be used for dry storage purposes only.
-
For the purposes of this By-law, dry storage shall mean the storage of materials incidental
to an agricultural operation, but excludes the housing of livestock and any animal waste.
-
For the purposes of this By-law, the barn is considered an accessory building, permitted
to be located on the lands prior the main building. (Reference: Seidle)
16.112 n/a.
16.113 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-113) exception number, and described as Part Lot 4, concession 1 SDR and Lot 17, Plan
817, former Township of Artemesia (Hamlet of Priceville), the following additional provisions
shall apply:
-
The existing barn may be used for dry storage purposes only.
-
For the purposes of this By-law, dry storage shall mean the storage of materials
incidental to an agricultural operation, but excludes the housing of livestock and any
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
129
animal waste.
-
For the purposes of this By-law, the barn is considered an accessory building, permitted
to be located on the lands prior the main building.
16.114 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-114) exception number, and descrbied as Part of Lots 69 and 70, Concession 2 NDR,
former Township of Artemesia, the minimum front yard setback shall be 26 metres.
(Reference: Abraham Sherk).
16.115 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-115) exception number, and described as Part of Lots 52 and 53, Concession 1 NDR,
former Township of Osprey, the subject lands are considered to have frontage on a municipal
road through abutting lands described as Instrument No. 33551.
16.116 Not used.
16.117 Permitted uses on lands identified with a (-117) exception number, and described as Part of
lot 12, Concession 7, former Township of Euphrasia shall include a kennel as an accessory use
to a single detached dwelling unit. All buildings, structures and/or chain link enclosures, shall
be subject to the following provisions:
-
Such kennel units (buildings, structures and chain link enclosures) shall not cover an area
greater than 198 square metres.
-
The chain link kennel area is situated behind the front or exterior wall of the principle
dwelling unit facing the front lot line, and complies with all other requirements of the By-
law.
-
Any area of the lot used for the kennel shall be screened from public exposure and
adjacent rural residential uses by buildings and/or a planting strip and/or a privacy fence.
-
The maximum number of adult dogs permitted shall be twenty (20). An adult dog is
defined as being older than one calendar year, and does not include puppies.
-
For the purposes of this By-law exception, the pedigree of dogs permitted in the kennel
shall be Shih Tzu breeding only.
16.118 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-118) exception number, and described as Part Lot 58, Registrar's Compiled Plan 823,
former Township of Artemesia , the temporary placement of a shipping container for trainage
and storage is permitted subject the following provisions:
-
Permitted uses shall be limited to the placement of One (1) shipping container for the
purposes of fire training and storage for a period of three (3) years from November 10,
2006.
-
For the purposes of this By-law a shipping container shall be defined as a welded steel
container, typically used to transport goods via sea, air and rail. The container will be
permitted for fire training and storage purposes on the lands on a temporary basis only.
-
Council may by By-law grant a further one time extension of a period not more than three
(3) years during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the previous
Institutional Zone (or such new zoning in effect for the Municipality).
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
130
-
Upon lapsing of the Bylaw, the shipping container shall be removed from the property,
and the property reinstated to its previous condition.
-
The minimum rear yard setback for the shipping container shall be 6.1 metres.
-
The Placement of the shipping container shall be subject to Site Plan Control Approval.
16.119 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-119) exception number, and described as Lot 34, Concession 8, former Township of
Artemesia , the temporary use of the lands and the accessory building existing on March 26,
2007 is permitted subject the following provisions:
-
A marine service shop on the subject property is defined as a home industry, which
includes the service and repair of boats (including winterizing).
-
The subject lands and accessory building may be used for the purposes of a marine
service shop for three years from March 26, 2007.
-
Council may by By-law grant a further one time extension of a period not more than
three (3) years during which the temporary use is authorized.
-
Upon lapsing of the By-law, the zoning of the property will revert to the previous
Residential Shoreline Zone (or such new zoning in effect for the Municipality).
-
Upon lapsing of the Bylaw, the property shall be reinstated to its previous condition.
-
A maximum of 60 square metres (646 square feet) of the existing accessory building can
be used for the purposes of a marine service shop.
-
There shall be no retail sales from the property.
-
One additional off-street parking space is provided for every 24 square metres of floor
space occupied for business or professional purposes.
-
No outdoor storage or display of materials or goods in support of such a home industry
shall be permitted except for the temporary storage of boats.
-
A maximum of six (6) boats may be located on the site at any one time.
-
That the running of motors, hammering, grinding or any other repair related noise be
limited to the hours of 9:00am to 5:00pm, Monday to Saturday and 12:00pm to 5:00pm
on Sundays.
-
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry
of the Environment, shall not be permitted in the home industry in order to protect
groundwater resources.
-
The property will be subject to Site Plan Control approval.
16.120 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-120) exception number, and described as Part of Lot 15, Concession 9, former Township
of Osprey, a minimum of 100 parking spaces required for the site.
16.121 Permitted uses on lands identified with a (-121) exception number, and described as Lots 8, 9
and 10, Concession 3 SDR, former Township of Osprey, shall include a small-scale
commercial/industrial plastic welding shop for farm related purposes. For the purposes of this
By-law, Plastic Welding shall be defined as the bonding of thermoplastics such as polyethylene,
polypropylene, polycarbonate, polyamides, ABS, polystyrene and others.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
131
16.122 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-122) exception number, and described as Part of Lot 10, Concession 7, former Township
of Euphrasia, the existing barn may be used for dry storage purposes only subject to the
following additional provisions:
-
Dry Storage shall mean the storage of materials incidental to an agricultural operation,
but excludes the housing of livestock and any animal waste.
-
The barn existing on March 26, 2007 shall be considered accessory building, with a
minimum rear yard setback of 14.8 metres.
16.123 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-123) exception number, and described as Lot 9, Concession 6, former Township of Osprey,
the minimum lot area shall be 38.42 hectares.
16.124 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-124) exception number, and described as Lot 18, Concession 14 NDR, former Township
of Osprey, the minimum lot frontage shall be 91.44 metres.
16.125 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-125) exception number, and described as Lot 18, Concession 14 NDR, former Township
of Osprey, the following provisions shall apply:
-
The minimum lot frontage shall be 140.4 metres.
-
The lands shall be used on a livestock to land ratio only.
-
For the purposes of this By-law exception, the term "livestock to land ratio" is defined
as 1 Livestock Unit per 0.4 hectares of 1 Nutrient Unit per 0.4 hectares.
-
For the purposes of this By-law exception, the term "Nutrient Units" is further defined
as an amount of nutrients that give a fertilizer replacement value as the lower of 43
kilograms or nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario
Regulation 267/03 made under the Nutrient Management Act, 2002).
16.126 Permitted uses on lands identified with a (-126) exception number, and described as Lot 9,
Concession 6, former Township of Osprey, shall be limited to the following:
-
Warehousing and Wholesaling uses.
-
Assembly and manufacturing uses in accordance with the definition of Light Industrial
in Section 3 of By-law No. 2004-50.
-
Open Storage Uses.
-
One residence for security/care taking purposes.
-
Equipment sales.
-
Building Supply centres and yards.
-
Business offices accessory to a permitted use.
-
Uses, buildings and structures accessory to a permitted use.
16.127 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-127) exception number, and described as Part Lot 21, Concession 14, former Township of
Artemesia, the minimum lot frontage shall be 20.0 metres.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
132
16.128 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-128) exception number, and described as Part Lot 21, Concession 14, former Township of
Artemesia, any rezoning proposed to expand the list of uses permitted in the No Development
Zone shall require reports to determine the suitability of the lot to support the proposed use
(i.e. preparation of technical, engineering, and/or environmental studies to address grading,
drainage, servicing, access, lot size, setbacks, or other obstacles to development.
16.129 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-129) exception number, and described as the East Part of Lots 1, 2, and 3 Registered Plan
17, former Township of Artemesia, an accessory building shall be permitted to be used for the
purposes of a home occupation subject to the following provisions:
-
The front yard setback of the accessory structure shall be equal to that of the existing
dwelling unit on the property.
-
The maximum gross floor area of the accessory building shall not exceed 14 square
metres.
-
One (1) sign indicating that the accessory building is being used for the purposes of a
home occupation is permitted ont eh property provided such sign is no larger than one
(1) square metres and maintains a minimum front yard setback of 3.0 metres. The sign
shall not illuminate.
-
The subject land swill be subject to Site Plan Control approval.
16.130 Permitted uses on lands identified with a (-130) exception number, and described as Part Lot
12, Concession 7, former Township of Osprey, shall be limited to the following:
-
Warehousing and Wholesaling uses.
-
Assembly and manufacturing uses in accordance with the definition of Light Industrial
in Section 3 of By-law No. 2004-50.
-
Open Storage Area: Shall mean a portion of a lot where goods, materials, and farm
implement equipment may be kept or stored, and which is only permitted in the rear yard.
-
Equipment sales.
-
Business offices accessory to a permitted use.
-
The sale of goods manufactured on the premises.
16.131 Talisman - Not approved
16.132 By-law Rescinded.
16.133 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-133) exception number, and described as Part Lot 23, Concession 14, former Township of
Osprey, the minimum lot frontage shall be 100.0 metres.
16.134 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-134) exception number, and described as the Lot 160 and 161, Concession 3 SWTSR,
former Township of Artemesia, an uninhabitable shed is permitted to a maximum size of 2 x
4 metres, one-storey high, and setback a minimum of 15 metres from the high water mark of
Lake Wilcox.
16.135 Permitted uses on lands identified with a (-135) exception number, and described as Lots
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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OFFICE CONSOLIDATION: June 10, 2011
133
176-177, Concession 2 SWTSR, former Township of Artemesia shall include a kennel as an
accessory use to a single detached dwelling unit. All buildings, structures and/or chain link
enclosures for the kennel shall be subject to the following provisions:
-
The kennel house shall be limited to an area of 5m x 7.5m.
-
Overnight kennels shall be a maximum size of 0.6m x 1.2m x 0.6m high.
-
The dog runs shall be limited to 2 dog runs with an area of 9m x 15m each.
-
All kennel structures shall be set back from the front lot line a minimum of 150 m.
-
The maximum number of adult dogs permitted shall be twenty-five (23) of the
Yorkshire Terrier or Komondor breed only.
-
The lands are subject to Site Plan Control approval.
16.136 Permitted uses on lands identified with a (-136) exception number, and described as Lot 5
Concession 7, former Township of Euphrasia shall include a kennel subject to the following
provisions:
-
Dog runs shall be limited to 1 dog run with an area of 3.7 m x 3.7 metres and 1 dog run
with an area of 1.8m x 3m.
-
The maximum number of adult dogs permitted shall be twelve (12) of the English
Mastiff breed only.
-
The lands are subject to Site Plan Control approval.
16.137 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-137) exception number, and described as Part Lot 18, Concession 6, former Township of
Osprey, a Firewood Processing Operation and Garden Centre shall be permitted subject to
the following provisions:
-
A Firewood Processing Operation shall be defined as the processing ow wood, which may
or many not have been harvested fro mteh subject lands, for home heating purposes,
which may be stored for sale to the General Public on the subject lands. The processing
of whood shall include the cutting and storage of the raw wood product and the finished
material.
-
The proposed operation will maintain a minimum landscape buffer of 22.3 and 23
metres from Grey Road 2 and Grey Road 31 respectively.
-
Outdoor storage associated with the Firewood Processing Operation shall be limited to
15,000 m2.
-
Retail sales associated with the Firewood Processing Operation shall be limited to
Monday through Saturday.
-
For the purposes of this By-law exception, a Garden Centre shall be considered a
Market Garden. (Reference: Gott)
16.138 Best Pit - Subject to OMB Appeal
16.139 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-139) exception number, and described as Lot 34, Concession 9, former Township of
Osprey, all buildings and structures shall be within an identified building envelope approved
by the Conservation Authority.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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16.140 Permitted uses on lands identified with a (-140) exception number, and described as Part of
Lot 117, Concession 3 NETSR, former Township of Artemesia shall include a kennel subject
to the following provisions:
-
The maximum number of dogs and/or domestic animals permitted shall be fifteen (15).
-
Minimum Lot Frontage shall be 42 metres.
-
Minimum Lot Area shall be 0.45 hectares.
16.140 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (RS-140) exception number, and described as Part of Lot 31, Concession 8, former
Township or Artemesia, permit Magee Lane (Parts 2,4,6,8,10 & 12) for use as a private road
with no buildings or structures permitted.
Note: By-law 2008-40 duplicated the use of exception # 140.
16.141 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-141) exception number, and described as Lots 185 and 186, Concession 1 SWTSR, former
Township of Artemesia, the following additional provisions shall apply:
-
Minimum Setbacks and Side yard Setbacks on Major Roads (Provincial Highway No. 10)
shall be 28 metres.
-
Minimum Lot Area shall be 39.2 hectares (96.9 acres).
-
Minimum Distance Separation from nearest Neighbours Dwelling and Type A Land
uses shall be 149 metres.
16.142 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-142) exception number, and described as Part of Lots 3, Concession 1 SDR and Part 1,
Registered Plan 10 and Part 2, Reference Plan 72279, former Township of Artemesia, a Post
Office is a permitted use subject to the following provisions:
-
Minimum Lot frontage shall be 20 metres.
-
Minimum Lot Area shall be 1004 square metres.
-
Maximum Lot Coverage shall be 45%.
-
Minimum Front Yard Setback shall be 5.0 metres.
-
Minimum Interior Side Yard Setback shall be 3 metres.
-
Minimum setback form an abutting residential dwelling shall be 3 metres.
-
The land are subject to Site Plan Control approval.
16.143 n/a.
16.144 Application withdrawn.
16.145 Temporary Use By-law. Notwithstanding any other provisions of this By-law to the contrary,
on lands identified with a (-145) exception number, and described as Lot 13 and 14,
Concession 3 SDR, former Township of Osprey, a meteorological test tower is a permitted
use for a period of three (3) years from August 22, 2008 subject to the following provisions:
-
Council may by By-law, grant further periods of not more than three years each during
which the temporary use is authorized.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
135
-
Upon lapsing of the By-law, the zoning of the property will revert to the previous
Agriculture (A1) zone (or such new zoning as in effect for the Municipality of Grey
Highlands).
-
Upon lapsing of the by-law, the Meteorological tower shall be removed.
-
The maximum height of the Meteorological tower shall be 82.3 metres.
-
Construction of the meteorological tower shall be subject to Site Plan Control Approval.
16.146 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-146) exception number, and described as Part Lot 27, Concession 1, former Township of
Euphrasia, temporary farm help accommodation is a permitted use until August 11, 2011
subject to the following provisions:
-
Council may by by-law grant further periods of not more than three years each during
which the temporary use is authorized.
-
Upon lapsing of the by-law, the zoning of the property will revert to the previous Hazard
(H) and Rural (RU) Zone (or such new zoning as in effect for the Municp9iality of Grey
Highlands).
-
Upon lapsing of the by-law, the temporary farm help accommodation shall be removed.
-
The lands are subject to Site Plan Control approval.
16.146 Notwithstanding the provisions of By-law No. 2004-50 to the contrary, the following
provisions, in addition to any other provisions pertaining to the Rural (RU) zone, shall apply
to those lands zoned Rural (RU-146):
-
Seasonal Farm Help Accommodation is a permitted use.
-
For the purposes of this By-law Seasonal Farm Help Accommodation is defined as a
structure utilized for housing purposes for seasonal farm works required to assist in the
farm production on the subject lands on a temporary basis each calendar year.
-
A maximum of two (2) structures for seasonal farm help purposes may be permitted on
the property at any one time.
-
Accommodation may be in the form of an existing permanent building, mobile home or
park model trailer but shall not be used as a permanent residence.
-
Accommodation shall not be permitted within any agricultural or livestock building.
-
Structures devoted to Seasonal Farm Help Accommodation shall not be used for any
other purpose than Seasonal Farm Help Accommodation or storage.
-
That the lands be subject to Site Plan Control.
Note: Duplicate use of exception # 146 for two different properties.
16.147 Beaver Valley Village Subdivision - Not approved.
16.148 Beaver Valley Village - Not approved.
16.149 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-149) exception number, and described as Part of Lots 11 and 12, Concession 1 NDR,
former Township of Osprey, the minimum front yard setback shall be 29.3 metres.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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16.150 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-150) exception number, and described as Lot 63 and 64, Concession 3 NDR, former
Township of Artemesia, the minimum lot area shall be 16.2 hectares.
16.151 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-151) exception number, and described as Lot 24, Concession 13, former Township of
Osprey, the following additional provisions apply:
-
The existing barn may only be used for dry storage purposes.
-
Dry Storage shall mean the storage of materials incidental to an agricultural operation,
but excludes the housing of livestock and any animal waste.
-
The barn is considered an accessory building.
16.152 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-152) exception number, and described as Part of Lot 12, Concession 6, former Township
of Osprey, the following additional provisions apply:
-
The existing barn may only be used for dry storage purposes.
-
Dry Storage shall mean the storage of materials incidental to an agricultural operation,
but excludes the housing of livestock and any animal waste.
-
The barn is considered an accessory building.
16.153 Permitted uses on lands identified with a (-153) exception number, and described as Part of
Lot 18, Concession 6, former Township of Osprey shall be limited and subject to the
following:
a) Permitted uses in this zone shall be limited to the following:
-
Agricultural Bulk Sales
-
Dry Manufacturing Plants
-
Equipment Sales and Rental
-
Farm Machinery Sales and Rental
-
Business Offices accessory to a permitted use
-
Transport Terminal.
b) Agricultural Bulk Sales shall not include animal and poultry health and breeding services
or the sale of agricultural fertilizers and chemicals.
c) Farm Machinery Sales and Service shall be considered in the same manner as Equipment
Sales and Service.
d) Dry Manufacturing includes assembly, repair and storage services.
e) A maximum of one (1) permitted use may be located within the M1-153 Zone at any
one time.
f) The maximum combined gross floor area shall not exceed 735 square metres.
16.154 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-154) exception number, and described as Part of Lot 124, Concession 3 NETSR, former
Township of Artemesia, the livestock units on the property shall be limited to six (6) horses.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
137
16.155 Talisman - Not approved.
16.156 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-156) exception number, and described as Part of Lots 31 and 32, Concession 5, former
Township of Artemesia, the minimum lot area shall be 36 hectares.
16.157 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-157) exception number, and described as Part of Lot 5, Concession 5, and Lot 32,
Registered Plan No. 441 (Kimberley), former Township of Euphrasia, the following
provisions shall apply:
-
The minimum rear yard setback associated with the dwelling units on the subject lands
shall be 6.53 metres.
-
The minimum rear yard setback associated with the placement of a deck or patio on the
subject lands shall be 3.53 metres.
16.158 Permitted uses on lands identified with a (-158) exception number, and described as Part of
Lot 5, Concession 5, and Lot 32, Registered Plan No. 441 (Kimberley), former Township of
Euphrasia, shall be limited and subject to the following:
a) Permitted uses in this Zone shall be limited to the following:
-
Professional and Business Offices
-
Retail Commercial
-
A residential use accessory to the principal commercial use
-
Restaurants
-
Passive and Active Recreational uses
-
Medical Clinics
-
Public and Private Clubs
-
Personal Service Shops
-
Service Shop
-
Uses, buildings and structures accessory to a permitted use.
b) Restaurant uses shall be limited to not more than seven (7) tables.
c) Retail commercial uses shall not include supermarkets or foot srotes, but shall permit
convenience stores.
d) Lot frontage and area shall not be less than 13.9 metres and 0.06 hectares respectively.
16.159 Not approved.
16.160 Permitted uses on lands identified with a (-160) exception number, and described as Part of
Lot 7, Concession 5, former Township of Euphrasia, shall be limited to a Golf course.
Structures shall not be permitted.
16.161 Permitted uses on lands identified with a (-161) exception number, and described as Part of
Lots 4 and 5, Concession 3 SDR, former Township of Osprey, shall include a small-scale
commercial/industrial plastic welding shop for farm related purposes. For the purposes of this
By-law exception, Plastic Welding shall be defined as the bonding of thermoplastics such as
polyethylene, polypropylene, polycarbonate, polyamides, ABS, polystyrene and others.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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16.162 Permitted uses on lands identified with a (-162) exception number, and described as Part of
Lot 18, Concession 6, former Township of Osprey shall be limited and subject to the
following:
a) Permitted uses in this Zone shall be limited to the following:
-
Arts and Craft Studio/Store
-
Recreational Vehicle Sales and Service
-
Business Offices accessory to a permitted use
b) Recreational Vehicle Sales and Service shall be considered in the same manner as
Equipment Sales and Service.
c) An Arts and Craft Studio/Store shall be defined as a Retail Store but shall not include
supermarkets and food stores.
d) A maximum of one (1) permitted use may be located in this zone at any one time.
e) The maximum combined gross floor area shall not exceed 227 square metres.
16.163 Permitted uses on lands identified with a (-163) exception number, and described as Part of
Lots 16 and 17, Concession 9 and Part 2 on Reference Plan 17R-1070, former Township of
Osprey, shall be limited and subject to the following:
a)
Permitted uses shall be limited to the following:
-
Professional and Business Office
-
Retail Commercial
-
A residential use accessory to the principal commercial use
-
Financial Institutions
-
Passive and Active Recreational uses.
-
Motor Vehicle Service Station
-
Medical Clinics
-
Personal Service Shops
-
Service Shops
-
Uses, buildings and structures accessory to a permitted use.
b)
At a minimum, a tertiary septic system is required with a minium of 42% nitrate
reduction and maximum sewage volume of 1690 litres per day to servie the
development on each lot.
16.164 Notwithstanding any other provisions of this by-law to the contrary, on lands identified with
a (-164) exception number, and described as Part of Lot 3, Concession 1 SDR, former
Township of Artemesia (Hamlet of Priceville), the following provisions shall apply:
-
Permitted uses shall also include a Post Office.
-
The Minimum lot frontage shall be 18.9 metres.
-
The Minimum lot area shall be 850m2.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
139
16.165 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-165) exception number, and described as Lot 16, Concession 2 NDR, former Township of
Osprey, the minimum front yard setback associated with the proposed Rural Commercial (C4)
shop shall be 30 metres.
16.166 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-166) exception number, and described as Part of Lot 31, Concession 9, and further
described as Lot 13, Registrar's Complied Plan No. 834, former Township of Artemesia, the
following provisions shall apply:
-
That the subject lands, despite having frontage on a private road, may be used and
buildings thereon may be erected, enlarged, repaired or renovated.
-
The minimum front yard setback associated with the proposed accessory building shall be
not less than 1.5 metrse.
-
The minimum side yard setback associated with the accessory building shall be not less
than 1.5 metres.
-
The westerly extension of the existing deck footprint shall be not less than 10m from the
high water mark.
-
The southerly extension of the existing deck footprint shall be not less than 26.0 metres
form the high water mark and 15.0 metre from the interior side yard.
-
The minimum rear yard setback associated with the dwelling units on the subject lands
shall be 6.53 metres
16.167 Temporary Use By-law. Notwithstanding any other provisions of this By-law to the contrary,
on lands identified with a (-167) exception number, and described as Part of Lot 16,
Concession 2 NDR, former Township of Osprey, the temporary placement of a second single
detached dwelling unit is permitted until August 10, 2011, subject to the following provisions:
-
Upon lapsing of the By-law or once final occupancy has been granted by the Chief building
Official for the new single detached dwelling unit, whichever occurs first, the original
single detached dwelling unit shall be removed from the subject lands.
-
Council may by By-law grant further periods of not more than three years each during
which the temporary use is authorized.
-
Upon lapsing of the by-law, the zoning of the property will revert to the Previous
Agriculture (A1), Hazard (H), Wetland (W) and Rural Commercial (C4-165) Zones (or
such new zoning as in effect for the Municipality of Grey Highlands).
-
The lands are subject to Site Plan Control.
16.168 Not approved.
16.169 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with
a (-169) exception number, and described as Lots 156, Concession 1 NETSR, former
Township of Artemesia, the minimum lot area shall be 20.9 hectares.
16.170 Notwithstanding any other provision of this By-law to the contrary, on lands identified with a
(-170) exception number, and described as Part of Lot 33, Concession 12, now designated as
Lot 28, Registrar's Compiled Plan No. 828 former Township of Artemesia, subject to the
following provisions;
-
That the subject lands, despite having frontage on a private road, may be used and
buildings thereon may be erected enlarged, repaired or renovated.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
140
-
The minimum front yard setback associated with the renovated/enlarged single
detached dwelling unit shall be not less than 8.5 metres.
-
The minimum site yard setback associated with the renovated/enlarged single detached
dwelling unit shall be not less than 1.5 metres.
-
Schedule 'E-1" of By-law No. 2004-50 and the corresponding text reference under Section
5.5(d) are further hereby amended by removing the holding provision from the property
to specifically permit the following:
a. The reconstruction and expansion of the existing single detached dwelling unit,
including the placement of a new septic system on the subject lands.
16.171 Notwithstanding any other provision of this By-law to the contrary, on lands identified with a
(-171) exception number, and described as Part of Lots 1 and 2, Concession 6, former
Township of Euphrasia, the following provisions shall apply:
-
The minimum front yard setback shall not be less than 20 metres;
-
The maximum height of the dwelling units shall not exceed 7.65 metres.
16.172 Temporary Use By-law. Notwithstanding any other provision of the By-law to the contrary,
on lands identified with a (-172) exception number, and described as Part Lot 16, Concession
9, former Township of Euphrasia, the temporary placement of a second single detached
dwelling unit on the subject lands is permitted until March 22nd , 2012.
16.173 Not used.
16.174 Not used.
16.175 Not used.
16.176 Notwithstanding any other provision of this By-law to the contrary, on lands identified with a
(-176) exception number, and described as Lot 59 and Part of Lot 60, Concession 3 NDR,
former Township of Osprey, subject to the following provisions;
-
Recognizes a reduced MDS arc from 280 metres to 278 metres;
-
Permit a rural commercial shop on the subject lands.
-
Subject to Site Plan Control.
16.177 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a
(-177) exception number, and described as Lot 36 and Lot 37, Concession 2 NDR, former
Township of Osprey, the following provisions apply:
-
A minimum side yard setback of 6 metres shall be permitted.
-
Removal of the holding provision shall permit the construction of a small-scale rural
commercial / industrial shop with associated outdoor storage and parking facilities on the
subject lands.
16.178 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a
(-178) exception number, and described as Part of Lot 32, Concession 9, now designated as
Lot 31, Registered Plan 834, former Township of Artemesia, the following provisions apply:
-
Minimum front yard setback associated with the detached garage shall not be less than
8.0 metres;
-
Permit the construction of a new detached garage on lands which lack frontage on an
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
141
open and maintained municipal road;
-
Remove the holding provision from a portion of the property to permit the construction
of an addition to an existing dwelling and a new detached garage.
16.179 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a
(-179) exception number, and described as Part of Lots 22 and 23, Concession 10, former
Township of Osprey, the following provisions apply:
-
No temporary or permanent asphalt or ready mix plant will be permitted.
16.180 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a
(-180) exception number, and described as Lot 36, Concession 9, form Township of Osprey,
the following provisions apply:
-
All development shall be restricted to the building envelope
-
Subject to Site Plan Control.
16.181 Not Approved.
16.182 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a
(-182) exception number, and described as Part of Lot 4, Concession 7, former Township of
Euphrasia, the following provisions shall recognize the reduced lot frontage and reduced lot
area of the retained parcel; and limit the number of animal units to be kept and/or housed on
the retained parcel, based on an animal unit to tillable acres ratio. Details include:
-
Lot Area = 4.45 hectares;
-
Lot Frontage = 121.9 metres;
-
Number of animal units to be kept and/or housed = 11
16.183 Not used.
16.184 Notwithstanding any other provisions of the By-law to the contrary, on lands identified with
a (-184) exception number, and described as Lot 19, Concession 3 NDR, former Township of
Osprey, shall permit a small-scale commercial / industrial shop on the subject property with
an intended use to have a water jet cutting machine, to be used for custom cutting of material
to be used in the agricultural, forestry and communication tower industries.
16.185 Notwithstanding any provisions of the By-law to the contrary, on lands identified with a (-
185) exception number, and described as Lot 1 and 2, Concession 6, former Township of
Euphrasia, the following provisions in addition to any other provision within the
Development (D) zone, shall apply to those lands zoned Development (D-185):
i.
Additional permitted uses will include one storage building.
ii.
Lands are subject to Site Plan Control.
16.186 Application under consideration.
16.187 Notwithstanding any provisions of the By-law to the contrary, on lands identified with a (-
187) exception number, and described as Part Lot 30, Concession 1 NDR, former Township
of Artemesia, a reduced setback from the high-water mark as follows:
-
Minimum Rear Yard Setback: 18.9 metres in order to permit an addition to the existing
residence and accessory structure.
-
The limited permitted additions will measure a total area of 18.6 square metres to the
existing residence and 31.6 square metres onto the existing accessory structure and will
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
142
be one storey and will be located with a setback in excess of 18.9 metres of the high
water mark of Lake Wilcox.
16.188 Notwithstanding any provisions of the By-law to the contrary, on lands identified with a (-
188) exception number, and described as Part Lots 126 & 127, Concession 1 NETSR, former
Township of Artemesia, the following provisions pertaining to the Agricultural (A1), shall
apply to those lands zoned Agriculture (A1-188):
a)
Additional permitted Use: Retail sales relating to artisan products not to exceed 200
square metres.
16.189 Notwithstanding any provisions of the By-law to the contrary, on lands identified with a (-
189) exception number, and described as Part Lots 4, 5, and 7, Plan 31, in the former Village
of Flesherton, former Township of Artemesia, the following provision in addition to any other
provisions pertaining to the Residential (R) Zone, shall apply to those lands zoned R- 189):
a) Recognizes the existing lot area of 1,100 m2
16.190 Notwithstanding any provisions of By-law No.10-1978 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Commercial (C3) Zone, shall apply to those lands
zoned Commercial (C3-190).
a) Permitted uses shall be limited to the following:
-
Small-scale welding/steel fabricating shop;
-
One one-family detached dwelling on one lot;
-
Uses, buildings and structures existing on the date of adoption of this By-law;
-
Uses, buildings and structures accessory to a permitted use;
b) Use of the land as a small-scale welding and steel fabricating shop shall be subject to the
following provisions:
-
Maximum area of all buildings and structures used for the small scale use shall not exceed 250
square metres;
-
Open storage is limited to a maximum of 750 square metres, located behind the front or
exterior wall of the principal building facing the front lot line, and shall be screened from public
exposure by buildings and/or a planting strip and/or a fence;
-
Maximum number of employees shall be the equivalent of five full time positions in addition to
the owner;
-
All waste by-products of the operation must be properly disposed of off-site, and in particular,
the organic waste by-products may not be placed on-site or within any Hazard Land areas;
-
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale use in order to protect groundwater
resources.
16.191 Notwithstanding any provisions of By-law NO.10-1978 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural (A1) Zone, shall apply to those lands zoned
Rural (A1-191).
a) Permitted uses shall be limited to the following:
-
Non-intensive agricultural uses, buildings and structures;
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
143
-
One single-family detached dwelling per lot, except that one residence for temporary farm help
accommodation is also permitted;
-
Home occupation;
-
Uses, buildings and structures accessory thereto.
b) For the purposes of this By-law, an intensive agricultural operation is an operation where the
number of livestock units on the farm is 100 or more and the ratio of livestock units to tillable acres
on the farm unit is 2 or greater, OR, the number of livestock units on the farm is 150 or more and
the ratio of livestock units to tillable acres is greater than one (livestock unit equivalency is defined
in the Municipality's Minimum Distance Separation By-law).
16.192 Notwithstanding any provisions of By-law No. 10-1978 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to those lands zoned
Rural (A1-192):
a) Permitted uses shall include the following:
-
Small-scale metal works shop subject to the following definition and regulations
-
Small-scale woodworking shop subject to the following definition and regulations
-
All uses permitted in the Rural (A2) Zone
b) The following definitions apply to a metal works shop and woodworking shop. For the purposes
of this By-law, a small-scale metal works shop shall mean a Building, structure or area where metal is
stored, sanded, welded, and worked for use in the production of agricultural components, and
includes metal cutting, welding, brazing, facilities for metal working, and the distribution of such
metal worked agricultural products on a wholesale basis. For the purposes of this By-law, a small-
scale woodworking shop shall mean a Building, structure or area where lumber is stored, sawed or
planed, and including woodturning, facilities for kiln drying of lumber, and the distribution of such
woodworks on a wholesale basis.
c) Special regulations applicable to a small-scale metal works or woodworking shop:
-
Maximum area of any buildings and/or structures used for the metal works shop shall be 250
m2
-
No portion of a lot shall be used for the open display, storage or sale of products or materials,
commodities or stock-in-trade unless the following provisions are complied with:
i) such open storage does not cover an area greater than 750 m2;
ii) the storage area is situated behind the front or exterior wall of the principle building facing the
front lot line, and complies with all other yard requirements of the By-law;
iii) any area of the lot used for open storage shall be screened from public exposure by buildings
and/or a planting strip and/or a fence.
d) Maximum number of employees shall be the equivalent of five (5) full time positions in addition
to the owner.
d) All waste by-products of the operation must be properly disposed of off-site.
e) No portion of the Hazard Zone may be filled, and the storage of material or by-products shall not
be permitted in the Hazard Zone.
f) The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale metal works shop in order to protect
groundwater resources.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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g) Schedule "A-1" and all other notations thereon are hereby declared to form part of this By-law.
h) This By-law shall come into force and take effect upon being passed by Council subject to any
approval necessary pursuant to the Planning Act RS.O. 1990, as amended.
16.193 Notwithstanding any provisions of By-law No. 10-1978 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural (A2) Zone, shall apply to those lands zoned
Rural (A2-193).
a) Permitted uses shall include the following:
-
Small-scale metal works shop subject to the following definition and regulations
-
Small-scale woodworking shop subject to the following definition and regulations
-
All uses permitted in the Rural (A2) Zone
b) The following definitions apply to a metal works shop and woodworking shop.
For the purposes of this By-law, a small-scale metal works shop shall mean a building, structure or
area where metal is stored, sanded, welded, and worked for use in the production of agricultural
components, and includes metal cutting, welding, brazing, facilities for metal working, and the
distribution of such metal worked agricultural products on a wholesale basis.
For the purposes of this By-law, a small-scale woodworking shop shall mean a building, structure or
area where lumber is stored, sawed or planed, and including woodturning, facilities for kiln drying of
lumber, and the distribution of such woodworks on a wholesale basis.
c) Special regulations applicable to a small-scale metal works or woodworking shop:
-
Maximum combined area of any buildings and/or structures used for the metal works and/or
woodworking shop shall be 250 m2
-
No portion of a lot shall be used for the open display, storage or sale of products or materials,
commodities or stock-in-trade unless the following provisions are complied with:
i) such open storage does not cover an area greater than 750 m2;
ii) the storage area is situated behind the front or exterior wall of the principle building facing the
front lot line, and complies with all other yard requirements of the By-law;
iii) any area of the lot used for open storage shall be screened from public exposure by buildings
and/or a planting strip and/or a fence.
-
Maximum number of employees shall be the equivalent of five (5) full time positions in addition
to the owner.
-
All waste by-products of the operation must be property disposed of off-site.
-
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale metal works shop in order to protect
groundwater resources.
16.194 Notwithstanding any provisions of By-law No.10-1978 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Residential (R) Zone, shall apply to those lands
zoned Residential (R194).
a) The minimum lot frontage for lots on Registered Plan No. 837 shall be as follows:
-
Lot 1, 2, 3, and 4 shall be 23 metres
-
Lots 5 shall be 25 metres
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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-
Lots 6,7,8,9, 10, 11, 13, 14, and 15 shall be 22 metres
-
Lot 16 shall be 21 metres
-
Lots 17, 18, 19 shall be 23 metres
b) The minimum lot area for Lots on Registered Plan No. 837 shall be as follows:
-
Lots 1, 2, 3, and 4 shall be 1,200 square metres
-
Lots 13, and 14 shall be 950 square metres
-
Lot 15 shall be 1,300 square metres
-
Lot 17, 18, and 19 shall be 1,100 square metres
c) The maximum lot coverage for lots 1-11 and 13-19 plan 837 shall be 15%.
16.195 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Zone, shall apply to those lands zoned
Agriculture (R-195):
a) To permit a dwelling unit with a gross floor area of 46 square meters16-196
Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision n
addition to any other provisions pertaining to the Residential Shoreline (RS), shall apply to those
lands zoned Residential Shoreline (RS-196):
-
To permit development of lands with frontage on a private road;
-
To permit a lot coverage of 19%.
16.196 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision n
addition to any other provisions pertaining to the Residential Shoreline (RS), shall apply to those
lands zoned Residential Shoreline (RS-196):
16.197 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Commercial (C4) zone, shall apply to those
lands zoned Rural Commercial (C4-197):
-
The permitted uses on the subject property shall be expanded to include a small-scale
commercial/ industrial electrical contractors shop and related uses.
16.198 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS), shall apply to those
lands zoned Residential Shoreline (RS-198):
-
Setback for Accessory Buildings and Structures shall have a front yard setback of 3m.
16.199 Notwithstanding the provisions of Section 7.3.1, the following provisions, in addition to any other
provisions of this By-law pertaining to the Rural Residential (RUR) Zone, shall apply to those lands
zoned Rural Residential (RUR-199) as shown on Schedule "A" affixed hereto:
-
Additional Permitted Use shall include a Secondary Kitchen.
16.200 Notwithstanding the provisions of By-law No. 2004-50 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-200)
-
Interior Side Yard shall be 10 meters, as existing on the date of passage of this by-law.
16.201 Notwithstanding the provisions of By-law No. 2004-50 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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Rural (RU-201):
-
Lot Area shall be 19.0 hectares.
16.202 Notwithstanding any provisions of By-law 10-1978 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Zone, shall apply to those lands zoned Rural
(A2-202).
For the purposes of this By-law a small scale commercial / industrial shop is defined as a building,
structure or use that is in close proximity to the agricultural operation and directly supportive of the
surrounding agricultural operations. Such uses may include a metal works shop, woodworking shop
or a sawmill.
The maximum area of. all buildings and or structures used for the small-scale use shall not exceed
250 m2
-
No portion of a lot shall be used for the open display, storage or sale of products or materials,
commodities or stock-in-trade unless the following provisions are complied with:
i) such open storage does not cover an area greater than 750 m2;
ii) the storage area is situated behind the front or exterior wall of the principle building facing
the front lot line, and complies with all other setback requirements;
iii) any area of the lot used for open storage shall be screened from public exposure by buildings
and / or a planting strip and / or a fence.
-
A maximum of five (5) employees, in addition to the Owner, are permitted.
-
All waste by-products of the operation must be properly disposed of off-site, and in particular,
the organic waste byproducts may not be placed on-site or within any Hazard Land areas.
-
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale use in order to protect groundwater
resources
16.203 Notwithstanding any provisions of By-law 10-1978 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Zone, shall apply to those lands zoned Rural
(A2-203).
-
For the purposes of this By-law small-scale commercial / industrial uses are defined as those
which are located in close proximity to the farm operation and are directly supportive of the
farm operations in the area.
-
For the purposes of this By-law small-scale commercial / industrial uses shall include metal
works, woodworking or a sawmill.
-
The maximum area of all buildings and or structures used for the small-scale use shall not
exceed 250 m2
-
No portion of a lot shall be used for the open display, storage or sale of products or materials,
commodities or stock-in-trade unless the following provisions are complied
with:
i) such open storage does not cover an area greater than 750 m2;
ii) the storage area is situated behind the front or exterior wall of the principle building facing the
front lot line, and complies with all other setback requirements;
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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iii) any area of the lot used for open storage shall be screened from public exposure by buildings and
/ or a planting strip and / or a fence.
-
A maximum of five (5) employees, in addition to the Owner, are permitted.
-
All waste by-products of the operation must be properly disposed of off-site, and in particular,
the organic waste byproducts may not be placed on-site or within any Hazard Land areas.
-
The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale use in order to protect groundwater
resources.
Notwithstanding the provisions of By-law No. 2004-50 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Rural Residential zone, shall apply to those lands
zoned Rural (RUR-203): Additional Permitted Use - Animal Boarding Establishment
-
Animal Boarding Establishment shall be defined as the use of land or building, where dogs, cats,
and other domesticated animals, excluding livestock are groomed, trained or kept for a fee on a
temporary basis and may include outdoor runs.
-
The maximum number of animals permitted within the animal board establishment at any one
time shall be sixteen (16).
-
There is not more than one non-luminous business identification sign advertising the business,
other than a legal sign no larger than 1 square metre to indicate to persons outside, that any part
of the lot is being used for commercial purposes.
-
One additional off-street parking space is provided for every 24 square meters of floor space
occupied for the business.
-
All buildings, structures and/or chain link enclosures shall be subject to the following:
-
The chain link kennel area is situated behind the front wall of the principle dwelling facing the
front lot line, and complies with all other yard requirements. Any area of the lot used for the
animal boarding establishment shall be screened from the public exposure and adjacent rural
residential uses by building and/or planting strip and/or privacy fence.
16.204 Notwithstanding the provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline Zone, shall apply to those
lands zoned Residential Shoreline (RS-204):
a) Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section 5.3 (
Non-Complying lots, Buildings and Structures) as defined in the General Provisions of this By-law,
the subject lands having frontage on a private road, may be used and buildings thereon may be
erected enlarged, repaired or renovated provided all other provisions of the by-law are complied
with; and,
b) Maximum Lot Coverage shall be 20% for a single family dwelling.
c) Maximum Lot Coverage shall be 0% for accessory structures.
16.205 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline Zone, shall apply to those
lands zoned Residential Shoreline (RS-205):
a) Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section 5.3
(Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of this By-law,
the subject lands having frontage on a private road, may be used and buildings thereon may be
erected enlarged, repaired or renovated provided all other provisions of the by-law are complied
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
142
with;
b) Minimum Lot Area - 2750 square meters.
16.206 Notwithstanding any provisions of By-Law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline Zone, shall apply to those
lands zoned Residential Shoreline (RS-206):
a) Shoreline Buffer minimum of 30 meters with a 15 meters naturalized (no mow) buffer;
b) Vegetated buffer of 30 meters on both side yard setbacks;
c) All development is to be 30 meters from measured high water mark.
16.207 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Agriculture (A1) zone, shall apply to those lands zoned
Agriculture (A1-207):
-
Additional Permitted Use being a small scale commercial or industrial use:
-
A small scale commercial or industrial use must conform to the following provisions:
a) May be located in an outbuilding or accessory structure, provided the maximum area of all
buildings and or structures used for the small-scale use does not exceed 250 square metres (2,691
square feet);
b) No portion of a lot shall be used for the open display, storage or sale of products or materials
commodities or stock-in-trade unless the following provisions are complied with:
i. Such open storage does not cover an area greater than 750m^2;
ii. the storage area is situated behind the front or exterior wall of the principle building;
iii. Facing the front lot line, and complies with all other yard requirements of the By-law;
iv. any area of the lot used for open storage shall be screened from public exposure by buildings
and/ or a planting strip and/or a fence.
c)Maximum number of employees: equivalent of five full time positions in addition to the owner;
d) All waste by-products of the operation must be properly disposed of off-site, and in particular;
the organic waste by-products may not be placed on-site or within any Hazard Land areas as defined
in this By-law: and,
e) The use of noxious chemicals, as outlined by the policies and guidelines of the Ministry of the
Environment, shall not be permitted in the small-scale use in order to protect groundwater
resources.
f) The lands are subject to Site Plan Approval as per Section 41 of the Planning Act, RSO, 1990.
16.208 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Agricultural (A1-208) zone, shall apply to those
lands zoned Agricultural (A1-208) Exception (A1-208):
i. Lot Frontage : 100 meters
ii. Lot Area: 4 hectares
iii. A maximum pf per livestock unit per 0.4 hectares of tillable agricultural lands is permitted. 16-208
Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions, in
addition to any other provisions pertaining to the Agricultural (A1-208) zone, shall apply to those
lands zoned Agricultural (A1-208) Exception (A1-208):
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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i. Lot Frontage : 100 meters
ii. Lot Area: 4 hectares
iii. A maximum pf per livestock unit per 0.4 hectares of tillable agricultural lands is permitted.
16.209 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS-209) zone, shall apply to
those lands zoned Residential Shoreline (RS-209):
-
Minimum Lot Area shall be 0.50 ha (1.23ac)
-
The lands within the RS-209 zone shall be deemed to be a lot of record with respect to Section
5.2 (b)(ii) of the municipality of Grey Highlands Zoning By-law 2004-50
16.210 N/A
16.211 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R), shall apply to those lands zoned
Rural Commercial Exception (C4-211):
-
a reduced lot area of 15.6 hectares (38.5 acres).
16.212 N/A
16.213 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential ®, shall apply to those lands zoned
Residential Exception (R-213):
-
The location of an existing two storey building shall be deemed to conform to this by-law, the
Minimum Lot Frontage shall be 80 meters, and the Minimum Lot area shall be 0.4 hectares.
16.214 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) zone, shall apply to those lands zoned Rural
(RU-214) zone:
-
No building or structure shall be permitted on site save and except within the identified building
envelope as per Schedule "A" attached hearto.
16.215 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions within the Rural Residential (RUR) zone, shall apply to those lands
zoned Rural Residential (RUR-215) zone:
-
Minimum Distance Separation - 100 meters
-
All buildings and structures on the lands existing as the date of passage of this By-law shall be
deemed to comply with the MDS requirements.
16.216 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Residential (RS) zone, shall apply to those lands zoned
Residential Shoreline (RS-216) zone:
a. Lands which have frontage on a private road, the lands may be used and buildings thereon may be
erected, enlarged, repaired or renovated provided all other provisions of the By-law are complied
with.
b. A reduced rear setback from the high water mark from the 30 meters setback requirement to 15
meters from the high water mark on the subject property.
16.217 N/A
16.218 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
142
addition to any other provisions pertaining to Agricultural (A1) Zone, shall apply to those lands
zoned Agricultural (A1-218):
a) Minimum Lot Area of 39.7 hectares.
16.219 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) Zone, shall apply to those lands zoned
Rural (RU-219):
a) Minimum Front Yard Setback of 15.68 meters.
b) The existing livestock facility shall be utilized for dry storage purposes only
16.220 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-220):
a) Minimum Rear Yard Setback of 5 meters.
16.221 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) Zone, shall apply to those
lands zoned Rural Residential (RUR-221):
-
Minimum Rear Yard Setback of 9.6 metres.
16.222 N/A
16.223 N/A
16.224 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Downtown Commercial (C1) zone, shall apply to
those lands zoned Downtown Commercial (C1-224)
a) Maximum Height: 12 metres.
16.225 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-225):
-
The minimum lot area shall be 4.6 hectares.
-
The minimum lot frontage shall be 210 metres.
-
The livestock to land ratio permitted shall be 0 livestock units.
-
An additional permitted use shall include non-intensive agricultural uses.
16.226 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline, (RS-226):
-
Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section
5.3 (Non-Complying Lots, Buildings and Structures) as defined in the general provisions of this
By-law, on the subject lands which have frontage on a private road, the lands may be used, and
buildings thereon may be erected, enlarged repaired or renovated provided all other provisions
of the By-law are complied with.
-
Notwithstanding the provisions of Section 7.4.3 (c) to allow the footprint of the existing deck
structure to be calculated in with the width of the existing building
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
143
-
Notwithstanding the provisions of Section 7.4.3 (c)(ii) to allow the increase of new building
height from 0.9 metres to a maximum of 2 metres from the highest point of the peak.
16.227 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4-227) zone, shall apply to those
lands zoned Rural Commercial (C4-227):
Additional Permitted use shall be limited to:
-
to permit the production of dairy products including such products as cheese and yogurt;
All buildings and structures legally existing as of the date of passage of this by-law are deemed to
comply;
16.228 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-228):
-
The minimum lot area shall be 2.6 hectares.
-
The minimum lot frontage shall be 115 metres.
-
The livestock to land ratio permitted shall be 0 livestock units.
-
An additional permitted use shall include non-intensive agricultural uses.
16.229 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-229):
-
The minimum lot area shall be 6.0 hectares.
-
The minimum lot frontage shall be 278 metres.
-
The livestock to land ratio permitted shall be 0 livestock units.
-
An additional permitted use shall include non-intensive agricultural uses.
16.230 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS-230):
-
Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section
5.3 (Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of this
By-law, on the subject lands which have frontage on a private road, the lands may be used, and
buildings thereon may be erected, enlarged, repaired or renovated provided all other provisions
of the By-law are complied with.
-
Notwithstanding the provisions of Section 7.4.3 (c) (ii) to permit an enlargement that will
increase the height of the existing building a maximum of 2 metres from the highest point of
the peak.
16.231 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Downtown Commercial (C1) zone, shall apply to those
lands zoned Downtown Commercial (C1-231):
i. Minimum Lot Frontage: 9.2 metres;
ii. Minimum Lot Area: 415 square metres; and,
iii. To recognize location of buildings and structures existing on the date of adoption of this by-law."
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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142
16.232 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Downtown Commercial (C1) zone, shall apply to those
lands zoned Downtown Commercial (C1-232):
i. Minimum Lot Area: 1820 square metres; and,
ii. To recognize location of buildings and structures existing on the date of adoption of this by-law."
16.233 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4-233) zone, shall apply to those
lands zoned Rural Commercial (C4-233):
Permitted uses shall be limited to:
-
Motor vehicle sales, service and washing establishment
-
Chip wagon: maximum size of 14 square metres
-
Enclosed & open storage
-
Motor vehicle body shop
-
Accessory uses and structures
The Minimum Front Yard Setback - for small scale commercial buildings shall be 20 metres;
The Minimum Rear Yard Setback - for small scale commercial buildings shall be 8.2 metres;
The Minimum Side Yard Setback - for small scale commercial buildings shall be 23 metres (west)
and 8.2 metres (East), respectively;
The Maximum area of all buildings and or structures used for the small scale use does not exceed
550 square metres;
16.234 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) and Agriculture (A1) zone, shall apply to those
lands zoned Rural (RU-234) and Agriculture (A1-234):
-
The Minimum Lot Area shall be 19.7 hectares;
-
The Minimum Lot Frontage shall be 60.96 metres; and,
-
The Minimum Front Yard Setback shall be 14 metres."
16.235 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Highway & Service Commercial (C2) zone, shall apply to
those lands zoned Highway & Service Commercial (C4-235):
a) Minimum Lot Area shall be 1,930 square metres;
b) All buildings and structures legally existing as of the date of passage of this by-law are deemed to
comply; and
c) The property is subject to site plan control approval."
16.236 N/A
16.237 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS-237):
-
Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section
5.3 (Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of this
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
143
By-law, on the subject lands which have frontage on a private road, the lands may be used, and
buildings thereon may be erected, enlarged, repaired or renovated provided all other provisions
of the By-law are complied with.
-
Notwithstanding the provisions of Section 7.4.2 (g) to allow a new structure with a rear yard
setback of 18 metres.
16.238 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Development (D) zone, shall apply to those lands zoned
Development (D-238-h):
i. Lot Frontage: 30.48 metres
ii. Lot Area: 4.36 hectares
iii. In accordance with Section 36(1) of the Planning Act, RSO 1990 a holding symbol is hereby
placed on the subject lands due to access and frontage onto Windy Lane being a road that is
privately maintained. The removal of the holding provision is subject to the Municipality of
Grey Highlands being satisfied of a suitable Development Agreement being entered into
between the Owner and the Municipality to deal with future road upgrades and maintenance
based on a future development proposal.
16.239 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Development (D) zone, shall apply to those lands zoned
Development (D-239):
i. Lot Frontage: 279 metres
ii. Lot Area: 43 hectares
16.240 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4) zone, shall apply to those lands
zoned Rural Commercial (C4-240):
i. MDS shall be 225 metres (to 42.08.180.008.01300.0000).
16.241 N/A
16.242 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4-242) zone, shall apply to those
lands zoned Rural Commercial (C4-242):
a. Minimum Lot Area: 10 ha
b. The property is subject to site plan control approval.
16.243 N/A
16.244 Notwithstanding any provisions of provisions of By-law 2004-50 to the contrary, the following
provision in addition to any other provision within the Rural Residential (RUR) zone, shall apply to
those lands zoned Residential (RUR-244):
-
Lot Area: 1600 square metres
-
Lot Frontage: 26 metres
16.245 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) zone, shall apply to those lands zoned Rural
(RU-245):
-
Residential development shall only be permitted within the Building Envelope as defined on the
attached Schedule A.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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16.246 Notwithstanding any provisions of By-law 2004-50 to The contrary, the following provision in
addition to any other provision within the Agricultural (A1) zone, shall apply to those lands zoned
Agricultural (A1-246):
-
Lot Area: 29 hectares.
16.247 N/A
16.248 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU-248) zone, shall apply to those lands zoned
Rural (RU-248):
-
Minimum Lot Frontage shall be 125 metres.
16.249 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) Zone, shall apply to those
lands zoned Rural Residential (RUR-249):
a) Minimum Lot Frontage - 94 metres
16.250 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) Zone, shall apply to
those lands zoned Residential Multiple (RM-250):
a) Minimum Lot Frontage of 17.6 metres
b) Minimum Front Yard Setback of 5 metres
c) Minimum Interior Side Yard Setback of 1.5 metres
d) Minimum Parking Spaces of 2 spaces
16.251 N/A
16.252 N/A
16.253 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Residential (RUR-253) zone, shall apply to those
lands zoned Rural Residential (RUR253):
-
Minimum Lot Frontage shall be 85 metres."
16.254 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU-254) zone, shall apply to those lands zoned
Rural (RU-254):
-
Minimum Lot Frontage shall be 122 metres.
-
Minimum Lot Area shall be 19.64 hectares."
16.255 N/A
16.256 N/A
16.257 N/A
16.258 N/A
16.259 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Hazard (H) zone, shall apply to those lands zoned Hazard
(H-259):
i. Additional permitted use includes the following:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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A Commercial use relating to the operation of a recreational based business and is limited to the
parking and storing of boats including canoes and kayaks; and the congregation of patrons as a base
for the business prior to leaving the site on organized off site tours.ii. Parking Requirements (S.
5.14(a)) - 5 parking spaces are required.
iii. Loading Space Requirements (S. 5.14(b)) - No loading space is required.
iv. Buildings and structures existing on the date of passage of this By-law are deemed to conform.
v. no commercial storage or parking may occur within the 100 year flood designated area.
vi. No overnight occupancy of this site is permitted as part of the commercial use.
vii. A maximum lot coverage of 3.5% is permitted.
vii. Lands are subject to Site Plan Control.
16.260 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Downtown Commercial (C1) zone, shall apply to those
lands zoned Downtown Commercial (C1-260-h):
i. All structures existing as of the date of passage of the By-law shall be deemed to conform.
ii. Parking on site shall be 6 parking spaces. (S.5.14(a))
iii. Zero (0) loading spaces shall be provided. (S5.14(b))
iv. Access to parking shall be deemed to conform. (S5.14(d))
v. Existing driveway surface shall be deemed to conform. (5.14(d)(iv))
vi. Parking on adjacent lands shall be permitted. (S.5.14(h))
vii. The lands are subject to a holding provision (h) in accordance with Section 36(1) of the Planning
Act, R.S.O. 1990, as amended. Removal of the holding provision will require the completion of a
stormwater management plan and servicing plan to the satisfaction of the Municipality of Grey
Highlands.
Lands are subject to Site Plan Control."
16.261 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Downtown Commercial (C1) zone, shall apply to those
lands zoned Downtown Commercial (C1-261-h):
i. All structures existing as of the date of passage of the By-law shall be deemed to conform.
ii. Parking on site shall be 8 parking spaces. (S.5.14(a))
iii. Zero (0) loading spaces shall be provided. (S5.14(b))
iv. Access to parking shall be deemed to conform. (S5.14(d))
v. Existing driveway surface shall be deemed to conform. (5.14(d)(iv))
vi. Parking on adjacent lands shall be permitted. (S.5.14(h))
vii. An exterior side yard setback of 0 metres shall be permitted. (S8.1.2(f))
viii. The lands are subject to a holding provision (h) in accordance with Section 36(1) of the
Planning Act, R.S.O. 1990, as amended. Removal of the holding provision will require the
completion of a stormwater management plan and servicing plan to the satisfaction of the
Municipality of Grey Highlands.
Lands are subject to Site Plan Control."
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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16.262 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) zone, shall apply to those lands zoned Rural
(RU-262) zone:
-
Minimum Lot Area - 15 hectares.No buildings or structures as defined within the MDSI
Guidelines within the MDS arcs as identified on Schedule A attached hereto.-All buildings and
structures on the lands existing as of the date of passage of this By-law shall be deemed to
comply with the MDS requirements.
16.263 N/A
16.264 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Development (D) Zone, shall apply to those lands
zoned Development (D-264):
a) Minimum Lot Area shall be 3.4 hectares.
16.265 Notwithstanding any provisions of By0law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Development (D) Zone, shall apply to those lands
zoned Development (D-265):
a) Minimum Lot Area shall be 2.0 hectares
16.266 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline Zone, shall apply to those
lands zoned Residential Shoreline (RS-266):
a) Minimum Lot Area shall be 1550 square metres.
b) All existing buildings and structures existing at the date of passage of this by-law shall be deemed
to conform.
16.267 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS), shall apply to those
lands zoned Residential Shoreline (RS-267):
a) Minimum Lot frontage shall be 16 hectares.
b) Minimum Lot Area shall be 1125 square metres.
c) All existing buildings and structures existing at the date of passage of this by-law shall be deemed
to conform.
16.268 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR-268) Zone, shall apply to
those lands zoned Rural Residential (RUR-268)
a) Minimum Lot Area - 3300 square metres
b) Minimum Lot Frontage - 50 metres
c) Those lands which have frontage on a private road may be used, and buildings thereon erected,
enlarged, repaired or renovated provided all other provisions of the by-law are complied with.
16.269 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R-269) Zone, shall apply to those
lands zoned Residential (R-269):
a) Minimum Lot Area - 2000 square metres
16.270 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R-270) Zone, shall apply to those
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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lands zoned Residential (R-270):
a) Minimum Lot Area - 1400 square metres
b) All buildings and structures legally existing as the date of passage of this by-law are deemed to
comply
16.271 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR-271) Zone, shall apply to
those lands zoned Rural Residential (RUR-271):
a) Additional Permitted use being a Kennel subject to the following conditions:
-
The maximum area of any buildings and/or structures used for the kennel shall not exceed 5%
of the aggregate accessory buildings and/or structures on site.
-
Buildings and/or structures for the kennel use shall not be built closer to the front lot line
(within the front yard) than the main buildings on the lot.
-
All chain link enclosures shall be situated behind the front wall of the principal dwellings facing
the front line, and complies with all other yard requirements of the By-law
-
Any area of the lot used for the kennel shall be screened from public exposure and adjacent
rural residential uses by buildings and/or planting strip and/or privacy fence.
b) The lands are subject to Site Plan Approval.
16.272 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Agricultural (A1) zone, shall apply to those lands zoned
Agricultural (A1-272):
i. Lot Area 31 hectares.
16.273 N/A
16.274 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Downtown Commercial (C1) zone, shall apply to those
lands zoned Downtown Commercial (C1-274):
i. Additional permitted uses to include the following:
-
Residential Apartment Units.
Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Development (D) zone, shall apply to those lands zoned
Development (D-274):
i. Lot Area: 1.5 hectares
16.275 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Development (D) zone, shall apply to those lands zoned
Development (D-275):
i. Lot Area: 1.5 hectares
16.276 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4) zone, shall apply to those lands
zoned Rural Commercial (C4-276):
i. Permitted uses shall be limited to:
a. Small Scale Retail Commercial.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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16.277 N/A
16.278 N/A
16.279 N/A
16.280 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Highway & Service Commercial (C2) zone, shall apply to
those lands zoned Highway & Service Commercial (C2-280):
a) Minimum Front Yard Setback of 3 metres
b) Minimum Exterior Side Yard Setback of 3 meters.
c) Minimum Loading Space required to be planted along southerly boundary within required
continuous 3 metre landscape strip to the satisfaction of the Municipality
16.281 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-281):
Additional Permitted use shall include:
a) Therapeutic Riding Facility
Additional Definition:
Therapeutic Riding Facility shall be defined as encompassing a range of treatments that includes
activities with horses and other equines to promote physical, occupational and emotional growth in
persons with neurological diseases or disordered and physical disabilities.
16.282 N/A
16.283 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Institutional (I), shall apply to those lands zoned
Institutional (I-283):
Permitted uses shall be limited to:
a) Private School including playing fields
b) Place of worship
c) Uses, buildings and structures accessory to a permitted use
Exemption from Section 5.14(I) in order to permit a gravel surface parking area.
16.284 N/A
16.285 N/A
16.286 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) Zone, shall apply to those lands zoned
Rural (RU-286):
A) Permitted Uses shall be limited to private open space, forestry, uses connected with conservation
of water, soil, wildlife and other natural resources and use, buildings and structures accessory to a
permitted use;
B) Maximum lot frontage shall be 60 metres; and
C) Maximum Lot Area shall be 1.0 hectare.
16.287 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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those lands zoned Residential (RM-287):
a) Maximum lot coverage required shall be not more than 53%
16.288 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential (RM-288):
a) Maximum lot coverage required shall be not more than 59%
b) Minimum front yard setback of 2.2 metres.
16.289 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential (RM-289):
c) Maximum lot coverage required shall be not more than 53%.
d) Minimum front yard setback of 2.2 metres.
16.290 N/A
16.291 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4) zone, shall apply to those lands
zoned Rural Commercial (C4-291):
i. Additional Permitted Use- Manufacturing of Corrugated Plastics.
16.292 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-292):
a) Minimum lot area required shall be not less than 200m^2
b) Minimum lot frontage shall be not less than 25 metres.
c) Maximum height of 8 metres.
d) The height shall be defined as "with reference to a building, the vertical distance measured from
the average finished grade level of such building to:
i. In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the
greater, and
ii. In the case of a pitched roof, to the peak.
e) Minimum front yard setback of 25 metres.
16.293 Notwithstanding any provision of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-293-Holding):
a) Minimum lot area required shall e not less than 200m^2
b) Maximum height of 8 metres.
c) The height shall be defined as with reference to a building, the vertical distance measured from
the average finished grade level of such building to:
i. In the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the
greater, and
ii. In the case of a pitched roof, to the peak.
16.294 Notwithstanding any provisions of By-law No. 2004-50 to the contrary, the following provisions in
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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addition to any other provisions pertaining to the Open Space (OS) zone, shall apply to those lands
zoned Open Space (IS-294):
a) Permitted uses on the subject lands shall include a Stormwater Management Facility.
16.295 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision pertaining to the Residential Multiple (RM) zone, shall apply to those
lands zoned Residential (RM-295-h):
a) Permitted uses shall be limited to fourteen (14) multi-attached dwellings units and uses, buildings,
structures accessory to the permitted use
b) Minimum Front Yard Setback shall be 6.0 metres.
c) A private road shall be considered an improved street for the purposes of the by-law. (S5.2(b)
e) Site Plan Approval shall apply.
16.296 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Open Space (OS) zone, shall apply to those lands
zoned Open Space (OS-296):
a) Permitted Uses shall include a private golf course and a stormwater management facility.
16.297 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4) zone, shall apply to those lands
zoned Rural Commercial (C4-297):
i. Additional Permitted Use- Fabrication of Plastics.
16.298 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Restricted Agricultural (A2) zone, shall apply to those
lands zoned Restricted Agriculture (A2-298):
i. The minimum lot area shall be 36 hectares.
ii. The minimum lot frontage shall be 20 metres.
16.299 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Restricted agricultural (A2) zone, shall apply to those
lands zoned Restricted Agriculture (A2-299):
i. The minimum lot area shall be 32 hectares.
ii. The minimum lot frontage shall be 125 metres.
iii A development envelope comprising a maximum of 0.4 hectares to minimize tree canopy impacts
shall be permitted within the area zoned A2-299 for the purposes of constructed a detached
dwellings, outbuildings, a well and septic system.
iv. Tree clearing within the development area shall not occur between April 15th and July 15th in
any given year.
Development or site alteration shall not be permitted outside of the 0.4 hectare development
envelope, on lands zoned A2-299 or A2-299-h, unless it have been demonstrated to the satisfaction
of the Municipality of Grey Highlands and the Grey Sauble Conservation Authority that such
development or site alteration would not negatively impact the natural heritage features existing on
the subject property and adjacent lands.
Removal of the Holding Symbol shall be subject to the completion of an Environmental Impact
Study to the satisfaction of the Municipality of Grey Highlands, the county of Grey and the Grey
Sauble Conservation Authority.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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16.300 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) zone, shall apply to those lands zoned Rural
(RU-300):
Lot Frontage - 120 metres
16.301 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Residential (RUR) zone, shall apply to those lands
zoned Rural Residential (RUR-301):
-
Lot Area - .79 hectares
-
Lot Frontage - 75 metres
16.302 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to other provision within the Residential Shoreline (RS-302) zone, shall apply to those lands
zoned Residential Shoreline (RS-302)
i. Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section 5.3
(Non-Complying lots, Buildings and Structures) as defined in the General Provisions of this By-law,
on lands identified with a (-13) exception number which have frontage on a private road, the lands
may be used, and buildings thereon may be erected, enlarged, repaired or renovated provided all
other provisions of the By-law are complied with.
ii. A minimum rear yard setback of 18 metres to permit the construction of a deck addition
measuring 3 metres by 10 metres and including stairs to ground level.
16.303 N/A
16.304 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Development (D) Zone, shall apply to those lands
zoned Development (D-304):
Additional Permitted use shall be a small scale commercial use being a nature retreat operation
including related accommodation for guests and staff subject to the followings provisions:
i) A nature retreat shall mean a place where people receive instructions and shall include temporary
gathering locations and walking trails but does not include restaurant hotel or motel.
ii) A maximum of twelve (12) cabins shall be permitted for guest accommodation.
iii) A maximum of twenty four (24) guests are permitted at any given time.
iv) The existing residence may be used for staff accommodation rooms and a meeting room. The
staff accommodation rooms shall not be available for renumeration.
v) The meeting room and gathering areas shall only be used for the purpose of the nature retreat and
ancillary uses, and shall not be available to the general public.
vi) All new development relating to the commercial use is subject to Site Plan Approval
16.305 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) Zone, shall apply to those lands zoned
Rural (RU-305)
a) Additional Permitted use being a Kennel subject to the following conditions:
-
The maximum area of any buildings and/or structures used for the kennel shall not exceed 5%
of the aggregate accessory buildings and/or structures on site.
-
Buildings and/or structures for the kennel use shall not be built closer to the front lot line
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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(within the front yard) than the main buildings on the lot.
-
All chain link enclosures shall be situated behind the front wall of the principal dwellings facing
the front line, and complies with all other yard requirements of the By-law
-
Any area of the lot used for the kennel shall be screened from public exposure and a adjacent
rural residential uses by buildings and/or plantings trip and/or privacy fence.
b) The lands are subject to Site Plan Approval.
16.306 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within Rural Commercial (C4) zone, shall apply to those lands zoned
Rural Commercial (C4-306):
a) Required MDS Arc of 132 metres.
16.307 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Restricted Agricultural (A2) zone, shall apply to those
lands zoned Restricted Agriculture (A2-307):
a) Minimum Lot Frontage Shall be 0 metres (S 5.2B)i))
16.308 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural Commercial (C4) zone shall apply to those lands
zoned Rural Commercial (C4-308):
Additional permitted uses:
-
Agricultural Equipment Repair limited to the repair of skid steer units.
-
The manufacturing, storage, and sale of garden sheds.
16.309 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Rural (RU) zone, shall apply to those lands zoned Rural
(RU-309):
-
Minimum Lot Area: 2.5 hectares
-
Minimum Front Yard Setback for residential and residential accessory buildings and structures:
25 metres
-
Minimum Front Yard Setback for agricultural buildings and agricultural accessory buildings and
structures: 25 metres.
16.310 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Residential Shoreline (RS) zone, shall apply to those lands
zoned Residential Shoreline (RS-310):
i. S7.4.2(c) - shall be 20% lot coverage for single detached dwelling, plus 0% for accessory buildings
and structures;
ii. S7.4.2(g) - Minimum Rear Yard Setback shall be 24 metres;
Notwithstanding the provisions of Section 5.2 and 5.3 as defined in the General Provisions of this
By-law, on lands identified have frontage on a private road, the lands may be used, and buildings
thereon may be erected, enlarged, repair or renovated provided all other provisions of the By-law are
complied with.
16.311 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
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those lands zoned Residential Shoreline (RS-311):
a. For the purposes of the By-law, the lot is deemed to have frontage on an open and maintained
municipal road as per Section 5.2 of the Comprehensive Zoning By-law 2004-50
16.312 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS-312):
i. Maximum Lot Coverage for Accessory Structures shall be 5.8%.
ii. Minimum Rear Yard setback shall be 19 metres.
iii. The lands are deemed to have frontage on an improved street and may be used, and buildings
thereon may be erected, enlarged, repaired or renovated provided all other provisions of the By-law
are compiled with.
16.313 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-313):
i. Minimum Lot Frontage - 104 metres
ii. Minimum Lot Area - 19 hectares
16.314 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS-314):
i. Maximum increase in height to 2.2 metres.
ii. All buildings/structures existing as of the date of passage of this by-law are deemed to conform.
iii. The lands are deemed to have frontage on an improved street and may be used, and buildings
thereon may be erected, enlarged, repaired or renovated provided all other provisions of the By-law
are complied with.
16.315 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to Residential (R) zone, shall apply to those lands zoned
Residential (R-315)
a) Maximum lot coverage required shall be not more than 55%
b) Minimum front yard setback shall be not less than 6.0 m.
c) Minimum Interior Side Yard Setback shall be not less than 1.2 m.
16.316 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-316):
a) Minimum lot frontage shall be not less than 12.2 m.
b) Minimum lot area shall be not less than 414.8 m.
c) Maximum lot coverage required shall be not more than 55%.
d) Minimum front yard setback shall be not less than 6.0m.
e) Minimum Interior Side Yard Setback shall be not less than 1.2 m.
16.317 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential (RM-317):
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a) Maximum lot coverage required shall be not more than 55%
b) Minimum front yard setback shall not be less than 6.0m
16.318 Notwithstanding any provision of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to Open Space (OS) zone, shall apply to those lands
zoned Open Space (OS-318)
a) Stormwater Management is permitted.
16.319 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to Residential Multiple (RM) zone, shall apply to those
lands zoned Residential Multiple (RM-319
a) Maximum lot coverage required shall be not more than 55%
16.320 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential Multiple (RM-320):
a) Maximum lot coverage required shall be not more than 50%.
b) Minimum Exterior Side Yard Setback shall be 0 m.
16.321 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential Multiple (RM-321):
a) Maximum lot coverage required shall be not more than 50%.
b) Minimum front yard setback shall be not less than 2.26 m.
16.322 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential Multiple (RM-322):
a) Maximum lot coverage required shall be not more than 70%.
b)Minimum front yard setback shall be not less than 2.26 m.
16.323 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R-323) Zone, shall apply to those
lands zoned Residential (R-323):
a) Minimum Lot Area shall be 2050 square metres.
16.324 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Shoreline (RS) Zone, shall apply to
those lands zoned Residential Shoreline (RS-324):
a) Lot Frontage and Lot Area shall be deemed to comply.
b) S 7.4.2(d) and S 5.6(b)(ii) - Accessory Structure shall have a front yard setback of 9 metres.
c) S 7.4.2(g) - Minimum Rear Yard Setback shall be 23 metres.
d) Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section 5.3
(Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of this By-
law, on lands that have frontage on a private road, the lands may be used, and buildings thereon may
be erected enlarged repaired or renovated provided all other provisions of this By-law are complied
with.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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143
16.325 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Residential (R-325) zone, shall apply to those lands zoned
Residential (R-325):
For the purposes of the By-law, all buildings and structures existing as of the date of passage of the
By-law shall be deemed to comply.
For the purposes of the By-law the existing lot area as of the date of passage of the By-law shall be
deemed to comply
16.326 Notwithstanding any provisions of By-law No. 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural Residential (RUR) Zone, shall apply to those
lands zoned Rural Residential (RUR-326):
a) For the purposes of the By-law the existing lot area and lot frontage as of the date of passage of
the By-law shall be deemed to comply.
b) A 30 metre wooded buffer be maintained from the rear property boundary for no development
and site alteration. An Environmental Impact Study is required to justify any reduction in this
setback.
c) Tree removal be limited to only what is necessary to accommodate the proposed development
and be no greater than 0.4 ha.
16.327 N/A
16.328 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential Multiple (RM) zone, shall apply to
those lands zoned Residential Multiple (RM-328):
a) Maximum lot coverage required shall be not more than 60%
16.329 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Institutional (I) zone, shall apply to those lands
zoned Institutional (I-329):
a) Public School
b) Uses, buildings and structures accessory to the public school use.
16.330 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) Zone, shall apply to those lands zoned
Rural (RU-330):
-
Minimum Lot Frontage: 140 metre
-
Minimum Lot Area: 5.26 hectares
16.331 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Rural (RU) Zone, shall apply to those lands zoned
Rural (RU-331):
-
Minimum Lot Frontage: 60 metre
-
Minimum Lot Area: 15.6 hectares
16.332 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R) Zone, shall apply to those lands
zoned Residential (R-332):
-
Minimum Lot Frontage: 25 metre
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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-
Minimum Lot Area: 0.1 hectares
All buildings and structures existing on the date of passing of this By-law are deemed to comply for
the purposes of the By-law.
16.333 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Residential (R) Zone, shall apply to those lands
zoned Residential (R-333):
-
Minimum Lot Frontage: 40 metres
-
Minimum Lot Area: 0.2 hectares
16.334 notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Agricultural (A1) Zone, shall apply to those lands
zoned Agricultural (A1-334):
-
Minimum Lot Frontage: 570 metres
-
Minimum Lot Area: 39 hectares
16.335 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provisions pertaining to the Agricultural (A1) Zone, shall apply to those lands
zoned Agricultural (A1-335):
-
Minimum Lot Frontage: 100 metres
-
Minimum Lot Area: 1.8 hectares
16.336 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Residential Shoreline (RS) zone, shall apply to those lands
zoned Residential Shoreline (RS-336):
-
Front Yard Setback shall be 6.1 metres.
Notwithstanding the provisions of Section 5.2 (Lot Development Requirements) and Section 5.3
(Non-Complying Lots, Buildings and Structures) as defined in the General Provisions of this By-
law, on lands identified with a (-336) exception number which have frontage on a private road, the
lands may be used, and buildings thereon may be erected, enlarged, repaired or renovated provided
all other provisions of the By-law are complied with.
16.337 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to Residential Multiple (RM) zone, shall apply to those
lands zoned Residential Multiple (RM-337)
Exception 337 - Section 7.2.3 c) Maximum Lot Coverage from 35% to 55%
16.338 N/A
16.339 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provision in
addition to any other provision within the Residential Shoreline (RS-339) zone, shall apply to these
lands:
-
7.4.2 Lot Area shall be a minimum of 0.29 ha.
16.340 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-340):
i. The existing barn shall only be used for dry storage purposes only (no housing of livestock or
animal waste);
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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ii. Uses, buildings and structures existing on the date of the passing of this by-law.
16.341 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions shall
apply to those lands zoned Agricultural (A1-341):
i. Agricultural uses only will be permitted on the subject lands.
16.342 Notwithstanding any provisions of By-law 2004-50 to the contrary the following provision in
addition to any other provisions pertaining to Agricultural (A1) and Rural (RU) zone, shall apply to
those lands zoned Agricultural (A1-342) and Rural (RU-342):
a) Minimum Lot Area- 7.7 Hectares
b) For the purposes of Section 5.2(b) of the By-law the lands shall be deemed to have frontage on an
improved street.
c) For the purposes of Section 5.2(b) of the By-law the lands shall be deemed to comply with the lot
frontage requirements.
d) Existing livestock facility shall be used for dry storage purposes only.
Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-342)
Exception 342 - A dog breeding kennel for the breeding and keeping of Bichon Frise dogs is
permitted as an accessory use. The kennel use is subject to site plan control.
i. Such kennel (buildings and structures and chain link enclosures) shall not cover an area greater
than 1260 square meters;
ii. Any area of the property used for the kennel shall be screened from public exposure and adjacent
properties by buildings an/or earthen berms and planting strips
iii. The maximum number of adult dogs permitted shall be twenty-four (24). An adult dog is defined
as being older than one calendar year and does not include puppies;
16.343 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Institutional (I) zone, shall apply to those lands
zoned Institutional (I-343)
a) Exception 343 - Section 10.2 f) Minimum Exterior Side Yard Setback from 6 metres to 4.5
metres.
16.344 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Open Space (OS) zone, shall apply to those lands
zoned Open Space (OS-344)
a) Exception 344 in addition to the uses permitted in Section 13.1, OS-Permitted Uses, one single
detached dwelling in uses, buildings and structures accessory to the single detached dwelling will also
be permitted on the subject lands
Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-344):
i. Exception 344 - 6.3.2(b) Minimum Lot Area of 10.1 hectares where 20 hectares is required.
16.345 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-345):
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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a) Exception 345 - to require that the on-site barn shall only be permitted to be used for storage
purposes only.
16.346 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural (RU-346):
a) Exception 346 - That a 15 metre rear yard setback in the Rural Residential (RUR) zone is required
from the Wetland (W) zone.
16.347 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Highway and Service Commercial (C2) zone, shall
apply top those lands zoned highway and Service Commercial (C2-347):
-
Section 8.2.2.b) a minimum lot area from 1000 square metres to 557.4 square metres;
-
Section 8.2.2.d) a front yard setback from 9 metres to 2 metres;
-
Section 8.2.2.e) an interior side yard setback from 5 metres to 3.5 metres;
-
Section 8.2.2.f) an exterior side yard setback form 6 metres to 5.5 metres.
16.348 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Agricultural (A1) zone, shall apply to those lands
zoned Agricultural (A1-348
-
permit a small-scale metal machine shop on the subject property with a maximum gross floor
area of 250 square metres and maximum outdoor storage of 750 square metres.
16.349 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (R) zone, shall apply to those lands zoned
Rural (C2-349):
Exception 349
-
Section 6.3.2.b) a minimum lot area from 50 hectares to 13.58 hectares.
16.350 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone shall apply to
those lands zoned Residential Shoreline (RS-350):
-
Section 7.4.2.c) maximum lot coverage from 5% for accessory buildings and structures to 7%
for accessory buildings and structures.
16.351 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS- 351):
-
Section 7.4.2.g) minimum rear yard setback from 30 metres to 3 metres.
16.352 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Agricultural (A1) zone, shall apply to those lands
zoned Agricultural (A1-352):
-
To permit agricultural uses only on the subject lands and a reduced lot area of 39.08 hectares.
16.353 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-353)":
-
Minimum Lot Frontage shall be 50 metres.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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-
Minimum Lot Area from shall be 0.35 hectares.
16.354 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential Shoreline (RS) zone, shall apply to
those lands zoned Residential Shoreline (RS- 354):
-
Minimum lot area shall be 1393.5 sq. metres.
16.355 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-355):
-
Minimum lot frontage shall be 30 meters.
-
Minimum front yard setback shall be 220 meters"
16.356 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Agricultural (A1) zone, shall apply to those lands
zoned Agricultural (A1-356)"
Exception 356 - permit a small-scale commercial metal shop, sawmill, or woodworking shop, or any
combination of the above, with a maximum gross floor area of 250 square meters and a maximum
outdoor storage of 750 square meters.
16.357 N/A
16.358 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-358)
-
7.1.2(a) Minimum Lot Frontage of 20.1 metres where 30 metres is required,
-
7.1.2(b) Minimum Lot Area of 925 square metres where 3,000 square metres is required,
-
recognize all buildings and structures as of the date of passing of this by-law.
16.359 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Residential (RUR) zone, shall apply to those
lands zoned Rural Residential (RUR-359):
i. Exception 359 - 7.3.2(a) Minimum Lot Frontage of 73 metres where 100 metres is required.
16.360 N/A
16.361 N/A
16.362 N/A
16.363 N/A
16.364 N/A
16.365 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (RU) zone, shall apply to those lands zoned
Rural Residential (RU-365):
-
Exception 365 - 6.3.2(a) Minimum Lot Frontage of 66
16.366 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-366):
-
Exception 366 - recognize all buildings and structures as of the date of passing of this by-law.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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16.367 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Commercial (C4) zone, shall apply to those
lands zoned Rural Commercial (C4-367):
-
Exception 367 - 8.4.2(f) Minimum front yard setback of 41 metres where 55 metres is required;
16.368 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural Commercial (C4) zone, shall apply to those
lands zoned Rural Commercial (C4-368):
-
Exception 368 - 8.4.2(f) Minimum front yard setback of 38 metres where 55 metres is required.
16.369 Exception 369 would recognize all buildings and structures as noted on Schedule "A" attached
hereto.
16.370 Exception 370 would permit a bakery with a maximum gross floor area of 250 square meters and
two residential accessory units as noted on Schedule "A" attached hereto.
16.371 Exception 371 would recognize a lot area of 1962 square meters whereas the by-law requires 4000
square meters.
16.372 Exception 372 would recognize a lot area of 18.7 hectares, a lot frontage of 60.96 meters, and a
front yard setback of 14 meters.
16.373 Exception 373 would permit motor vehicle sales, service and washing establishment, enclosed and
open storage, a motor vehicle body shop, and a maximum gross floor area of 550 square metres for
all buildings and structures.
16.374 Exception 374 would would permit a reduced lot area of 37.7 hectares.
16.375 Exception 375 would permit a reduced lot area of 37.8 hectares.
16.376 Exception 376 will permit agricultural uses only on the subject lands.
16.377 Exception 377 would recognize the building envelope shown on Schedule 'A'
16.378 Exception 378 will recognize a lot frontage of 7.5 meters, a minimum front yard setback of 3 meters,
and a minimum exterior side yard setback of 7.5 meters, a minimum rear yard setback of 1.5 meters
and a minimum interior side yard setback of 7 meters.
16.379 N/A
16.380 N/A
16.381 Exception 381 will recognize the building envelope and restrict all development on the subject
property to the building envelope; and
All yard setbacks shall reflect the extent of the building envelope.
16.382 Exception 382 will permit and regulate the small engine repair and outdoor firewood processing
yard.
i. The small engine repair shop shall have a maximum gross floor area of 250 square meters and and
maximum outdoor storage area of 750 square meters. All rural commercial uses are subject to site
plan control.
ii. The outdoor firewood processing yard shall be an agricultural related use with an maximum
outdoor area of 1600 square meters.
16.383 Exception 383 will recognize an increased lot coverage of 41%, whereas the Residential Multiple
Zone permits 35%. All Residential Multiple uses are subject to Site Plan Control approval.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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16.384 Exception 384 will recognize all existing structures as of the date of passing of the by-law.
16.385 Exception 385 will recognize an increased lot coverage of 44.2% and a reduced rear yard setback of
5.2m, whereas the Residential Zone permits 30% and 7m respectively. The exception will also
recognize all existing structures as of the date of passing of the by-law.
16.386 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with a (-
386) exception number, the following additional provisions apply:
-
Area be limited to .8 hectares
-
Maximum Number of Guests - 195 per event
-
Events to be held between May 1 - October 31 annually
-
Weekend Hours of Operation - Friday and Saturday - ending at 12:00am
-
Weekday Hours of Operation - Sunday thru Thursday - ending at 10:00pm
-
Exception to noise requirements for Hours of Operation
-
Parking Spaces to be provided - 57
-
Existing building as of the date of passage of this bylaw shall be deemed to comply.
16.387 N/A
16.388 That section 16 of By-law No. 2004-50 is hereby amended by adding the following subsection:
i: Exception 388 will recognize a reduced frontage of 103 metres and a reduced lot area of 18.25
hectares.
ii: The holding provision shall prevent any site alteration or the erecting of any building or structure.
The holding provision may be removed subject to the completion of an environmental impact study
that appropriately addresses any potential impacts to the Significant Woodlands in alignment with
applicable policies of the Official Plan and the Provincial Policy Statement. Good Forestry Practices
that are approved by the Grey County Forest Management By-law are permitted without removal of
the holding provision.
16.389 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Agricultural (A2) zone, shall apply to those lands
zoned Agricultural (A2-389)
- Exception 389 - permit a small-scale commercial shop to produce plastic moldings with a
maximum gross floor area of 250 square meters and a maximum outdoor storage of 750 square
meters.
16.390 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Residential (R) zone, shall apply to those lands
zoned Residential (R-390). Exception 390 - permit a home occupation for the purposes of growing
market flowers and vegetables. The following regulations apply to such home occupation:
-
The planting, growing, maintenance, storage, processing, and sale of crops shall constitute a
home occupation.
-
The gross indoor floor area used for the storage, processing, and sale of crops shall not be more
than 25% of the dwelling OR not more than 60 square meters of an accessory building. This
limitation shall not be applied to the growing of crops in hoop houses.
-
A single 37.16 square metre (400 square feet) hoop house is permitted and may be used for
growing crops.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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-
Uncovered garden beds (raised or otherwise) are permitted and shall not constitute lot coverage.
-
Signage for the home occupation is permitted and shall not be larger than 1 square meter and
shall not be illuminated.
-
Employees shall be limited to persons living in the dwelling on the property.
-
On-street parking is not permitted.
-
A road-side market stand is not permitted.
-
Retail sales of produce from the residence and accessory building are permitted.
-
The outdoor area shall be landscaped and not create of become a public nuisance, particularly
regarding traffic, arking, noise, noxious odors, or emission of smoke.
16.391 On lands identified with a (-391) exception number the minimum lot frontage shall be 60 metres.
16.392 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-392)
exception number the following provisions:
i. A lot area of 3.1 hectares
ii. The number of animal units to be kept and/or housed on the subject lands shall be 10 (based on
an animal unit to tillable acres ratio).
16.393 New dwellings on lands identified with a (-393) exception number must satisfy MDS 1 requirements.
16.394 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-394)
exception number the following provisions apply:
-
The minimum lot frontage shall be 50 metres.
-
The minimum rear yard setback shall be 14 metres
16.395 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-395)
exception number following provisions apply:
a. The existing barn and shed may for used for dry storage purposes only.
b. Dry storage shall mean the storage of materials incidental to an agricultural operation, but
excludes the housing of livestock and any animal waste.
c. The barn and shed are considered accessory buildings that are permitted to exist on the lot prior
to any potential future main building.
16.396 N/A
16.397 Notwithstanding any provisions of By-law 2004-50 to the contrary, the following provisions in
addition to any other provisions pertaining to the Rural (Ru) zone, shall apply to those lands zoned
Rural (Ru-397). Exception 397 - deem the parcel, having PIN 372470096, as one that has frontage
on an open and maintained municipal road as per Section 5.2 of the Comprehensive Zoning By-law
2004-50.
16.398 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with a (-
398) exception number, the following additional provisions apply:
-
The minimum lot area shall be 3,750 square metres.
-
The minimum lot frontage shall be 60 metres.
16.399 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-399)
exception number the following provisions apply:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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a) Lands with frontage on a private road may be used, and buildings thereon may be erected,
enlarged, repaired, or renovated provided all other provisions of the By-law are complied with.
b) The minimum rear-yard setback shall be 9 metres.
16.400 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with a (-
401) exception number, the following additional provisions apply:
-
Buildings and structures are prohibited until the subject lands are rezoned through a zoning by-
law amendment in order to ensure that new development meets the requirements of the land
use designation in the Municipality of Grey Highlands Official Plan.
16.401 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with a (-
401) exception number, the following additional provisions apply:
-
No building or structure shall be erected unless the holding provision is removed. Removal of
the holding provision will require that the following be demonstrated to the satisfaction of the
Municipality of Grey Highlands
-
The proposed development will be situated in an area of the property that does not jeopardize
the future development potential of the lot as per the underlying Municipality of Grey
Highlands Official Plan designation, and;
-
The proposed development meets the requirements of the underlying Municipality of Grey
Highlands Official Plan designation
16.402 Exception 402 will recognize a reduced lot area of 15 hectares.
16.403 Exception 403 will recognize a reduced lot area of 25.8 hectares.
16.404 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-404)
exception number, the minimum lot frontage shall be 60 metres.
16.405 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-405)
exception number, the minimum lot frontage shall be 139 metres and the minimum lot area shall be
19.4 hectares.
16.406 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-406)
exception number, the following provisions shall apply:
-
Minimum lot frontage of 70 metres.
-
All accessory structures that are existing as of January 8th, 2021 are permitted in the front yard.
16.407 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-407)
exception number, the following provisions shall apply:
-
Minimum lot frontage of 135 metres
-
Lands identified with an "h" symbol may not be developed unless compliance with Minimum
Distance Separation requirements and safe access due to flooding hazards can be demonstrated.
These lands may be used for agricultural purposes and a lane may be built through these lands
to access the identified building envelope (the RU area without an "h" symbol) without
removing the hold.
16.408 Notwithstanding any other provision of the By-law to the contrary, the following provisions shall
apply to lands identified with a -408 exception number:
-
permit an interior side yard setback of 5.7 metres whereas the by-law requires 15 metres.
16.409 Notwithstanding any other provisions of this By-law to the contrary, on lands identified with a (-
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409) exception number, the following additional provisions apply:
-
Development is permitted on a lot lacking frontage on an improved public street.
-
The minimum rear yard setback shall be 15.6 metres.
16.410 Notwithstanding any other provision of the By-law to the contrary, the following provisions shall
apply to lands identified with a -410 exception number:
i. Lands that do not have an "h" symbol applied to them in schedule A-1 shall not be subject to a
holding provision in relation to the proximal wetland.
ii. The minimum lot size shall be 9.1 hectares.
16.411 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-411)
exception number, the minimum lot area shall be 2,300 square metres.
16.412 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a (-412)
exception number, the minimum lot frontage shall be 28 metres and the minimum lot area shall be
1,350 square metres.
16.413 The following provisions shall apply to those lands zoned Agriculture (A1-413):
The provisions of section 8.4 - Rural Commercial Zone shall apply.
The provisions of section 5.13 - Small-Scale Commercial & Industrial shall apply.
16.414 For additional clarity to the No Development designation, lands with the 414 exception are intended
to remain naturally vegetated and structures and site alteration are prohibited.
16.415 Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (415)
exception number, the following provisions apply:
-
The maximum height shall be 7.65 metres from the finished grade at the front of the lot to the
peak of the roof. Any variance to this maximum will require the completion of a visual impact
study that satisfies the requirements of the Niagara Escarpment Commission
-
Structures shall not be permitted until the holding provision is removed, however, grading and
landscaping may occur in advance of removing the hold.
-
The holding provision may be removed after (1) rough grading has been implemented to the
satisfaction of the Municipality of Grey Highlands and the Grey Sauble Conservation Authority,
and (2) vegetated landscaping has been implemented along the frontage of the subject property
to the satisfaction of the Niagara Escarpment Commission.
16.416 Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (416)
exception number,
the following provisions apply:
-
Structures are prohibited.
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The area is to be maintained as a vegetative buffer consisting primarily of native coniferous
trees and native deciduous trees.
-
A driveway is permitted provided it has a maximum
16.417 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 417
exception number the following provisions shall apply:
-
Activities that generally relate to the regular operations of a landscaping business. Permitted
uses include:
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
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The construction and use of administrative office buildings.
-
The construction of storage buildings.
-
Indoor and outdoor storage of landscaping materials including but not limited to stone, soil,
gravel, and mulch.
-
Storage of landscaping vehicles and equipment.
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Occasional sales of landscaping materials directly from the property.
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Occasional cutting of stone on-site to facilitate the transportation of materials to off-site
locations. For clarity, the by-law does not intend to permit business activities that involve
consistent and extensive daily use of stone-cutting saws on-site.
16.418 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 418
exception number a daycare centre shall be permitted.
16.419 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 419
exception number the following provisions shall apply:
-
A dog kennel/breeding operation comprising a maximum floor area of 90 square metres is
permitted.
-
A maximum of 24 adult Shih Tzus are permitted
16.420 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 420
exception number the following provisions shall apply:
Permitted uses are as follows:
-
One single detached dwelling
-
Uses, buildings and structures accessory to a residential use
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The production of horticultural crops within hoop houses and outdoor gardens
-
The sale of horticultural crops
-
Five hoop houses, four of which having a maximum floor area of 300 square metres, and one of
which having a maximum floor area of 100 square metres
-
A single workshop building with a maximum floor area of 90 square metres
16.421 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 421
exception number the following provisions shall apply:
-
A greenhouse structure with a maximum Floor Area of 155 square metres is permitted to be
located 19 metres from the front lot line.
-
A farm building with a maximum Floor Area of 80 square metres is permitted to be located 26
metres from the front lot line.
-
A related picnic area is permitted and is to be located a minimum of 20 metres from the front
lot line.
-
Related parking facilities shall be provided and are to be located a minimum of 26 metres from
the front lot line.
-
A pavilion with a maximum Floor Area of 85 square metres is permitted generally 45 metres
from the eastern interior lot line and 80 metres from the front lot line.
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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he activities that are to be permitted in the farm building and the pavilion are considered
commercial uses and the construction of these structures is therefore subject to site plan
control. The commencement of these uses is not permitted prior to site plan approval. The
construction of the greenhouse and the related greenhouse activities are not considered
commercial uses and are therefore not subject to site plan control.
-
All uses permitted by the A1 zone are permitted.
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The following uses shall be permitted in the farm building:
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The processing and storage of food.
-
The preparation and sale of meals.
-
Retail sales of artisan materials such as: food boxes, freeze dried foods, bees wax products, live
edge furniture, and crafts
-
The following uses shall be permitted in the pavilion:
-
Occasional special events and dinners with a maximum of 20 guests. The guest maximum may
be exceeded provided a special events permit is obtained.
16.422 Notwithstanding any other provisions of this by-law to the contrary, the following provisions shall
apply to those lands zoned Rural Commercial (C4-422):
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The minimum front yard setback shall be 30 metres.
16.423 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 423
exception number the following provisions shall apply:
-
An apartment building is a permitted use.
16.424 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 424
exception number the following uses are permitted in addition to all uses permitted in the A1 zone:
-
The preparation of baked goods.
-
The storage of baked goods and agricultural products.
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The sale of baked goods and agricultural products produced on-site.
16.425 N/A
16.426 Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (426)
exception number, the following provisions apply:
-
That the lands may be developed on partial municipal services whereas Section 7.2.3 of the By-
law requires full municipal services;
-
That the minimum frontage per dwelling unit shall be 5.35 metres whereas the By-law requires
9 metres;
-
That the holding provision may be removed after:
-
A Servicing Study has been approved and implemented to the satisfaction of the Municipality of
Grey Highlands;
-
A Stormwater Management Study has been approved and implemented to the satisfaction of
the Municipality of Grey Highlands and the Grey Sauble Conservation Authority; and
-
A Road Improvement Plan noting the urbanization of Levitta Street and Margaret Street
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
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fronting the lands owned by Barnyard Builders has been approved by the Municipality of Grey
Highlands.
16.427 Notwithstanding any other provision of this By-law to the contrary, a restaurant that serves a
maximum of 20 guests is a permitted use.
16.428 N/A
16.429 Notwithstanding any other provision of the By-law to the contrary, 3 horses may be kept on lands
identified with the 429 exception number.
16.430 Notwithstanding any provisions of this By-law to the contrary, on lands zoned RM-430 the
following provisions shall apply:
-
All uses permitted in the RM zone are permitted.
-
A maximum of ten (10) multi-attached/apartment dwelling units that are serviced by municipal
wastewater in combination with private on-site well water are permitted.
-
The zone provisions for attached dwellings are as follows:
-
Minimum lot frontage - 40 metres
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Minimum lot area - 2,600 square metres
-
Maximum lot coverage - 49%
-
Minimum front yard setback - 2.8 metres
-
Minimum interior side yard setback - 12 metres
-
Minimum exterior side yard setback - 3 metres
-
Minimum rear yard setback - 1.4 metres
-
Maximum height - 11 metres
-
The minimum number of on-site parking spaces shall be 1.5 per dwelling unit.
-
A 6 metre wide laneway that provides internal access to the driveways of individual units is
permitted to have a 0 metre setback from the interior lot line.
-
There shall be no maximum unit density per hectare.
-
There shall be no minimum outdoor amenity area requirement.
-
Townhome/multi-attached dwellings that are oriented towards Ellen Street shall have a
minimum on-site driveway length of 3 metres.
16.431 Notwithstanding any other provision of the By-law to the contrary, on lands identified with a 431
exception number, the minimum lot frontage shall be 80 metres.
16.432 Notwithstanding any provisions of this By-law to the contrary, on lands identified with a (426-h)
exception number, the following provisions apply:
-
That the lands may be developed on partial municipal services whereas Section 7.2.3 of the By-
law requires full municipal services;
-
The holding provision may be removed after:
-
A Servicing Study has been approved and implemented to the satisfaction of the Municipality of
Grey Highlands;
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
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A Stormwater Management Study has been approved and implemented to the satisfaction of the
Municipality of Grey Highlands and the Grey Sauble Conservation Authority, and;
-
A Road Improvement Plan noting the urbanization of Margaret Street fronting the lands owned
by Barnyard Builders has been approved by the Municipality of Grey Highlands
16.433 Notwithstanding any other provisions of this by-law to the contrary, in addition to all uses permitted
in the RUR zone, the following use shall be permitted:
-
A single ground-mounted solar panel that is located a minimum of 15 m from the front lot line.
-
The ground-mounted solar panel may be nearer to the front lot line than the main building.
16.434 16.434 On lands identified with the 434 exception number, the manufacturing, storage, and
wholesale of garbage bins shall be permitted in addition to all uses permitted in the Rural
Commercial (C4) zone.
16.435 On lands identified with the 435 exception number, the following definitions shall apply to "Sawmill
and Woodworking Shop":
-
"Sawmill and Woodworking Shop" shall mean a building, structure or area where lumber is
stored, cut, sawed or planed, and includes woodturning, facilities for kiln drying of lumber, and
the distribution of such products on a wholesale basis. The assembly of wood furniture
products is also permitted, as is the storage of both raw materials and finished products. Refer
to General Provisions of this By-law for regulations governing small-scale commercial/industrial
uses.
16.436 On lands identified with the 436 exception number, the following definitions shall apply to "Metal
Works Shop, Small-Scale Commercial/Industrial" and "Sawmill and Woodworking Shop":
-
"Metal Works Shop, Small-Scale Commercial/Industrial" shall mean a building, structure or area
where metal is stored, sanded, welded, and worked for use in the production of agricultural
and/or automotive components, and includes metal cutting, welding, brazing, facilities for metal
working, and the distribution of such metal worked products on a wholesale basis. Refer to
General Provisions of this By-law for regulations governing small-scale commercial/industrial
uses.
-
"Sawmill and Woodworking Shop" shall mean a building, structure or area where lumber is
stored, cut, sawed or planed, and includes woodturning, facilities for kiln drying of lumber, and
the distribution of such products on a wholesale basis. The assembly of wood furniture
products is also permitted, as is the storage of both raw materials and finished products. Refer
to General Provisions of this By-law for regulations governing small-scale commercial/industrial
uses.
16.437 Notwithstanding any other provision of this By-law to the contrary, a restaurant that serves a
maximum of 20 guests is a permitted use.
16.438 N/A
Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50
Adopted by Council October 24, 2005 and approved by OMB Order April 26, 2006
OFFICE CONSOLIDATION: June 10, 2011
143
Section 17: Enactment
Schedule "A-1" and all other notations thereon are hereby declared to form part of this By-law. All current schedules
have been updated with information to match the current state of The Municipality Of Grey Highlands Zoning
Structure. These Schedules are high level, static and provide a general location of various zones. For detailed
information, the reader is advised to visit the Grey County GIS mapping and view the Zoning Map.
This By-law shall come into force and take effect upon being passed by Council subject to any approval
necessary pursuant to the Planning Act R.S.O. 1990, as amended.
This By-law read a first time this 8th day of October, 2004.
This By-law read a second time this 8th day of October, 2004.
This By-law read a third time and finally passed this 24th day of October, 2005.
Mayor, Brian Mullin
Clerk, Debbie Robertson