Comprehensive Zoning By-law 40/2016 - Section 2 - Administration and Zones

Guelph/Eramosa, Ontario · No. 40/2016 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 991fc277bbb4 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

10 Consolidation December 2022 SECTION 2 - ADMINISTRATION & ZONES 2.1 Conformity Requirements No person shall use any land or construct, alter or use any building or structure, or part thereof, except in conformity with the provisions of this By-law. Further, no person shall sever any lands from any existing lot if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention of this By-law. 2.2 Compliance with Other By-Laws Nothing in this By-law shall relieve any person from the obligation to comply with the requirements of any other By-law of the Municipality or the obligation to obtain any other license, permit, authority or approval lawfully required by a government authority having jurisdiction to make such restrictions. In the event of conflict between this By-law and any other By-law, this By-law shall prevail. 2.3 Person Designated to Administer By-Law This By-law is passed pursuant to Section 34 of the Planning Act, R.S.O, 1990, as amended and shall be administered and enforced by such person or persons as shall be appointed from time to time by By-law of the Corporation as the 'By-law Enforcement Officer or Municipal Law Enforcement Officer'. 2.4 Penalties Any person or corporation convicted of a breach of any provision of this By-law shall be subjected to such penalties or orders provided for in Section 67 of the Planning Act, R.S.O., 1990, as amended. Such penalties shall include: 1. on a first conviction to a fine of not more than $25,000; and 2. on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. Where a corporation is convicted, the maximum penalty that may be imposed is, 1. on a first conviction a fine of not more than $50,000; and 11 Consolidation December 2022 2. on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted 2.5 If By-Law Provisions Held Invalid If any provision of this By-law, including any part of the Zoning as shown on the Zone maps, is for any reason held to be invalid, it is hereby declared to be the intention that all the remaining provisions shall remain in full force and effect until repealed. 2.6 Public Acquisition No person shall be deemed to have contravened any provision of this By-law by reason of the fact that any part or parts of any lot has or have been conveyed to or are required by any public authority. 2.7 Remedies Where any matter or thing is required to be done by a person under the provisions of this By-law, Council may direct that in default of its being done by that person, such matter or thing shall be done at the expense of the person in default and may recover the expenses thereof with interest permitted in accordance with the Municipal Act. 2.8 Lands Zoned by By-Law 34-95 Zoning By-law 34-95 shall apply to the lands identified on Schedule "A" and Schedule "B", and is hereby included as Appendix A of this By-law. 2.9 Zones and Zoning Maps For the purpose of this By-law, the maps attached hereto as Schedule "A" shall be referred to as the Zoning Maps for the Municipality and are hereby declared to form part of this By- law. The following Zones are hereby established as illustrated on the maps attached hereto as Schedule "A", Maps 0-60, and Schedule "B", Maps 1-2, and such Zones may be referred to by the appropriate symbol: ZONES SYMBOLS Agricultural A Rural Residential RR Village Residential Low Density R1 Village Residential Medium Density R2 12 Consolidation December 2022 ZONES SYMBOLS Village Commercial C1 Village Service Commercial C2 Hamlet Mixed Use C3 Highway Commercial C4 Rural Industrial M1 Extractive Industrial M3 Disposal Industrial M4 Institutional I Open Space OS1 Open Space Restricted OS2 Environmental Protection EP 2.10 Interpretation of Zone Boundaries Where any uncertainty exists as to the location of the boundary of any of the said Zones, as shown on the Zoning Maps, the following rules shall apply: 1. Where any Zone boundary is indicated as following a highway, a street, lane, watercourse or railway right-of-way, such Zone boundary shall be construed to follow the centre line of the street, lane, watercourse, or railway right-of-way. 2. Where Zoning boundaries are indicated as approximately following lot lines, such lot lines shall be deemed to be the said boundary. 3. Where Zoning boundaries are indicated as approximately parallel to the line of any street and the distance from such street is not indicated, such Zoning boundaries shall be construed as being parallel to such street and the distance therefrom shall be determined by the use of the scale shown on the Zoning maps. 4. Where Zoning boundaries follow the corporate limits of the Municipality, the corporate limits are the boundary. 5. Where Zoning boundaries follow a shoreline, the boundary is the shoreline. Where any Zone boundary is left uncertain after application of the provisions as noted above, then the boundary line shall be determined and measured according to the scale on the Zoning Maps, unless a By-law schedule provides greater accuracy. In the event of a street, lane, private road, or road allowance, shown on the zone maps, is closed, the lands formerly in said street, lane, private road or road allowance shall be 13 Consolidation December 2022 included within the zone of the adjoining property on either side of said closed street, lane, private road, or road allowance unless: a) the said street, lane, private road, or road allowance was a zone boundary between two or more different zones, in which case the new zone boundary shall be the former centerline of the closed street, lane, private road, or road allowance; or b) the land formerly included in such street, lane, private road, or road allowance is purchased in its entirety by an abutting landowner, in which case the land shall be included in the same zone as that of the abutting landowner purchasing said land. 2.11 Special Provisions Where the Zone symbol applying to certain lands as shown on Schedules "A" and "B" is followed by reference to Section 21 of this By-law, then special provisions apply to such lands and such special provisions shall be found by reference to that Section of the By- law specified. Lands denoted in this manner shall be subject to all the restrictions of the Zone except as otherwise provided for by the special provisions. 2.12 Holding Zones Where the Zone symbol applying to certain lands as shown on Schedule "A" is followed by the letter "H" in parentheses (i.e. RR (H)) the lands have been placed in a "Holding Zone" pursuant to Section 36 of the Planning Act, as amended. The Holding Symbol "H" shall be removed at such time in the future when plans to develop the lands have been submitted and approved by the Corporation or such other conditions as deemed appropriate by the Corporation have been met. When the Holding Symbol has been removed, the lands shall be developed according to the requirements of the Zone used in conjunction with the Holding Symbol. Notwithstanding the above, non-structural agricultural uses, existing uses, open space uses, an existing detached dwelling and accessory uses thereof, shall be permitted as interim uses on lands in a "Holding Zone", until the Holding Symbol "H" is removed. 2.13 Technical Revisions to the Zoning By-Law Technical revisions may be made to this By-law from time to time without further public notice or Council approval. Technical revisions include: a) Correction of numbering, cross-referencing, grammar, punctuation or typographical errors or revisions to format in a manner that does not change the intent of a regulation; or 14 Consolidation December 2022 b) Adding or revising technical information on maps or schedules that does not affect the zoning of lands.