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Consolidation December 2022
SECTION 3 - DEFINITIONS
Illustrations depicting definitions are provided for clarification and convenience only, and
can be found in Appendix B.
A
"Abattoir", means a building or structure, designed and used, or part thereof, for the
slaughtering of animals.
"Accessory", means a use, building or structure located on the same lot, detached
from the main building, which is subordinate and incidental to the main use and is not
used for human habitation unless specifically permitted in this By-law. Such uses shall
include, but are not limited to, a private garage, a greenhouse, a pool, a satellite dish, or
a storage building.
"Adult Entertainment Establishment", means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, goods and/or services
appealing to or designed to appeal to erotic or sexual appetites or inclinations.
"Aggregate", means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, rock, other than metallic ores, or other prescribed material
pursuant to the Aggregate Resources Act, as amended.
"Aggregate Processing Facility", means a facility used to process, crush, screen, wash,
store/stockpile, and/or sort aggregate resources, and includes an asphalt plant, a
concrete batching plant, a cement manufacturing plant, a brick and tile manufacturing
plant, an aggregate transfer station, and stockpiling/blending of recycled aggregate
resources.
"Agricultural Use", means a use of land, buildings or structures for the growing of
crops, including nursery, greenhouse, mushroom, and horticultural crops; raising of
livestock and other animals for food, fur or fiber; aquaculture; apiaries; agro-forestry;
maple syrup production; research and/or breeding station; riding/training stables, and
associated on-farm buildings and structures (including for packing, treating and storing
farm products, a farm related tourism business, and a farm product sales outlet), but
does not include an abattoir, a kennel, or a rendering plant.
"Agricultural Service Establishment", means the buying or selling of commodities and
services that support agricultural uses and shall include the sales and service of welding
and machinery repair, farm drainage and excavation, well drilling, custom spraying, tillage,
planting, harvesting and grading services.
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"Agricultural-Related Business", means the supply of goods, materials or services that
support agricultural uses including, but not limited to, the sale, storage, mixing,
distribution or cleaning of seed, feed, fertilizer and chemical products, grain drying, custom
spraying, large-animal veterinary clinic, and the rental, sales, repair or service of
agricultural equipment or implements.
"Alter", when used in reference to a building or part thereof, shall mean to change any
one or more of the internal or external dimensions of such building or to change the type
of construction of the exterior walls or roof thereof. When used in reference to a lot, the
word "alter" means to change the width, depth or area thereof or to decrease the width,
depth or area of any required yard, setback, landscaped open space or parking area, or
to change the location of any boundary of such lot with respect to a public highway or
laneway, whether such alteration is made by conveyance or alienation of any portion of
said lot, or otherwise. The words "altered" and "alteration" shall have corresponding
meanings.
"Amenity Area", means an area within a residential development provided for
recreational uses or enjoyment of the residents, and excludes any portion of a parking
area or ingress/egress to a parking area.
"Ancillary," for the purposes of Section 4.4.1, means a shed, garage, carriage house or
barn.
"Animal Crematorium", means a licensed facility limited to the cremation of domestic
animals. Domestic animals include such animals as cats, dogs and horses.
"Asphalt Plant", means a facility:
a)
with equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling and
storage of bulk materials used in the process;
b)
which is not of permanent construction, but which is to be dismantled at the
completion of the construction project.
"Assembly Hall", means a building or part of a building in which facilities are provided
for athletic, charitable, civic, cultural, educational, political, religious or social purposes,
and shall include a banquet hall, private club, fraternal organization, arena, curling rink,
a cinema, a stadium, union hall, or community centre.
"Attic", means the space between the roof of a building and the ceiling of the top storey
of the building or the space between a dwarf wall of a building and the sloping roof of
the building and is not a habitable room.
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"Auction House", means a building or structure or portion thereof where goods, wares,
merchandise, effects or the like are offered for sale to the highest bidder, but does not
include a livestock auction.
"Automobile Body/Repair Shop" means a building or other structure where motor
vehicle(s) may be subject to major repairs, parts or systems replacement, body work or
painting. An automobile body/repair shop does not include an automobile sales
establishment, an automobile service/gas station, an automobile washing
establishment, or a salvage yard.
"Automobile Sales Establishment", means a building and/or lot used for the display
and sale/lease of new and used motor vehicles, motorized recreational vehicles,
motorcycles, light construction and lawn care equipment, and may include the servicing,
repair, cleaning, polishing, and lubrication of motor vehicles, the sale of automotive
accessories and related products, and the leasing or renting of passenger motor vehicles.
"Automobile Service/Gas Station" means a building or place where service,
maintenance or minor mechanical repair essential to the operation of a motor vehicle is
provided and/or gasoline pumps for the sale of gasoline are provided. These primary uses
may include the sale of motor vehicle products or convenience products, together with the
necessary pump islands, light standards, kiosk, concrete aprons, canopy, storage tanks,
automobile washing establishment, and related facilities required for the dispensing of
gasoline. An automobile service/gas station does not include an automobile
body/repair shop.
"Automobile Washing Establishment" means a building or place for the washing,
cleaning or drying of motor vehicles by automatic, manual or self-serve washing
equipment.
B
"Banquet Hall", means a service commercial establishment used for the purposes of
catering to banquets, weddings, receptions or similar functions for which food and
beverages are prepared and served on the premises, but does not include a caterer's
establishment.
"Basement", shall mean that portion of a building which is partly below grade level and
which has at least one-half of its height from floor to ceiling above grade.
"Bed and Breakfast Establishment", shall mean a dwelling in which the proprietor
resides and supplies up to four furnished rooms to overnight guests on a temporary basis
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for monetary gain. It does not include a restaurant, or hotel, or motel, or group home
as defined by this By-law.
"Body Rub Parlour", shall mean thereof where a body rub is performed, offered or
solicited in pursuance of a trade, calling, business or occupation, but does not include any
premises or part thereof where the treatments performed are for the purpose of medical
or therapeutic treatment and are performed or offered by person otherwise duly qualified,
licensed or registered so to do under the laws of the Province of Ontario. This use does
not include any other use defined in this Bylaw.
"Body Rub", includes the kneading, manipulating, rubbing, massaging, touching or
stimulation, by any means, of a person's body or part thereof, but does not include
medical or therapeutic treatment given by a person otherwise duly qualified, licensed or
registered so to do under the laws of the Province of Ontario. This does not include any
other use defined in this By-law.
"Brewing-on-Premise Establishment", means a commercial establishment where
individuals produce beer, wine and/or cider, for personal use and consumption off the
premises, and where beer, wine and/or cider ingredients and materials are purchased and
stored.
"Building", means any structure used or intended to be used for shelter, accommodation
or enclosure of persons, animals or chattels but does not include a fence, sign, travel
trailer or vehicle.
"Building By-Law", means a by-law passed pursuant to the Ontario Building Code Act as
amended.
"Building Supply Outlet", means a building or structure in which building or
construction and home improvement materials are offered or kept for sale and may include
the fabrication of certain materials related to home improvement.
"Buffer Strip", means an area used to visibly separate one use from another use to shield
or block noise, lights, or other nuisances.
"By-Law Enforcement Officer", shall mean a person, appointed by the Council of the
Corporation who shall enforce this By-law.
C
"Campground", means a public or privately operated facility catering to short-term guests,
but not year-round residents, whose accommodation is a tent, cabin, cottage, lodge, or
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other recreational trailer, and such a facility may include an office, variety store catering
to guests, picnic shelters, laundry room, games room, swimming area, and other outdoor
recreational facilities.
"Catering Service", means a building or part of a building used for the preparation of
food or beverages for consumption off the property and are not served to customers on
the property or for take-out.
"Cellar", shall mean that portion of a building which is partially or completely underground
and which has more than one-half of its height from floor to finished ceiling below finished
grade.
"Cemetery", means a cemetery or crematorium within the meaning of the Funeral, Burial,
and Cremation Services Act, as amended. [Amended by By-law 7-2022]
"Centre Line", means that line which bisects the original road allowance of a public street
or highway.
"Child Care Centre", means a facility licensed under Provincial legislation which
accommodates a minimum of five children, for the purpose of providing temporary care
for a continuous period of time not exceeding twenty-four hours.
"Commercial School", means a building where instruction is given for hire or gain and
includes a music, dance or yoga studio, an art, business or trade educational
establishment, and any other such specialized educational business.
"Commercial Motor Vehicle", means any motor vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, tow trucks, dump
trucks, motor buses and farm tractors, but excludes trailers, recreational trailers, and
tractor trailers as defined herein.
"Community Centre", means a building or part of a building used for community
activities and/or community facilities such as a community museum, recreational facility
and banquet hall, the control of which is vested in the Corporation.
"Composting Yard", means a lot or part thereof, used for the composting of food waste
and organic materials.
"Conservation", shall mean uses complementary to and compatible with the wise
management and preservation of the natural environment, along with any of its significant
biophysical features and ecological functions. Conservation may include uses such as
reforestation, forest management, fish and wildlife management, erosion control, flood
control and passive recreation.
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"Contractor or Tradesperson Establishment", means a building or part of a building
from which a service, trade or guild operates or is based from in which manual or
mechanical skills are used to install, manufacture, maintain, or repair articles, goods,
materials, equipment or real property. The establishment shall include the buildings,
structures and area wherein vehicles, equipment and supplies are parked, stored and
maintained for use in the trades, and accessory office activities. The establishment does
not include the retail or wholesale sale of construction or home improvement materials or
supplies.
"Corporation", means the Corporation of the Township of Guelph/Eramosa.
"Council", means the Council of the Corporation of the Township of Guelph/Eramosa.
"County", means the Corporation of the County of Wellington.
"County Road", means a street under the jurisdiction of the Corporation of the County
of Wellington.
"Courier Service", means a building or structure used for courier pick-up or drop-off
services.
D
"Display Parking Space", means a parking space provided on-site for the purposes of
outdoor display and storage of a motor vehicle, accessory to an automobile sales
establishment. Display parking spaces are provided in addition to the minimum parking
requirement of a permitted use as established in the parking regulations of this By-law.
"Drive-Thru Establishment" means a place, with or without an intercom order station,
where a product or service is available at a service window for delivery to a vehicle as a
component of the main use, and shall include an automated bank machine and automatic
carwash.
"Driveway", means a surface area between a street and a main structure consisting of,
but not limited to, asphalt, concrete, compact gravel, interlocking brick, paving stone or
the like used or designed to be used for the driving or parking of vehicles and shall include
any surfaced walk or hard landscaping situated parallel to the driveway in a manner
capable of being parked or driven upon by part or the whole of the vehicle. [Amended by
By-law 7-2022]
"Dry Cleaning and Laundering Establishment", shall mean a building used for the
purpose of receiving articles or goods of fabric to be subjected to the process of dry
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cleaning, dry dyeing or cleaning elsewhere and for the pressing and/or distribution of any
such articles or goods which have been subjected to any such process.
"Dwelling, Additional Residential Unit", means a residential dwelling unit that is
subordinate to a detached, semi-detached or townhouse dwelling and located within a
detached, semi-detached, or townhouse dwelling or within an ancillary building or
structure located on the same lot and ancillary to a detached, semi-detached or
townhouse dwelling. An additional residential unit shall contain sleeping
accommodations, a kitchen and sanitary facilities for the exclusive use of the occupants,
and having a private entrance from outside the building or from a common hallway or
stairway inside the building. For the purpose of this By-law, a stacked townhouse
dwelling and cluster townhouse dwelling is not permitted to have an additional
residential unit.
"Dwelling, Apartment", means a residential dwelling containing three or more dwelling
units each of which obtain access through a common entrance(s) at street level and
through a common corridor or hallway from the inside. [Amended by By-law 7-2022]
"Dwelling, Cluster Townhouse", means a townhouse situated on a lot in such a way
that at least one dwelling unit does not have legal frontage on a public street.
"Dwelling, Detached", means a single dwelling house containing one dwelling unit and
does not include a mobile home or a recreational trailer.
"Dwelling, Duplex", means a residential dwelling divided horizontally to contain two
independent residential dwelling units and which have independent entrances either
directly from the outside or through a common vestibule. A dwelling that includes an
additional residential unit is not a duplex dwelling.
"Dwelling, Farm Help", means a dwelling that is used for the housing of on-site farm
labour where the workers assist on the subject farm on a full-time, seasonal basis, where
the size and nature of the operation requires additional employment.
"Dwelling, Garden Suite", means a one-unit detached residential structure containing
bathroom and kitchen facilities that is accessory to an existing detached dwelling. A
garden suite is a portable, non-seasonal residential dwelling unit. A mobile home as
defined herein may be used as a garden suite in Agricultural Zones.
"Dwelling, Group Home", means a staff-supported residence operated by a service
agency and licensed or funded under a federal or provincial statute, in which three or more
persons reside under supervision and receive services and supports from the agency as
a single housekeeping unit.
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"Dwelling, Retirement Home", means a building containing independent dwelling units
providing accommodation primarily for retired persons, and where accessory support
and health services may be provided, and which may contain accessory personal service
and recreational uses for the residents, but does not include a long term care facility.
"Dwelling, Semi-Detached" shall mean one of a pair of two attached dwelling units,
divided by whole or in part by a common vertical wall, each of which has an independent
entrance directly from the outside or through a common vestibule.
"Dwelling, Stacked Townhouse" means a building containing two townhouse dwelling
units divided horizontally, one atop the other, both with independent access to the street
or courtyard. A stacked townhouse can be either a street fronting townhouse or a
cluster townhouse.
"Dwelling, Street Fronting Townhouse", means townhouse located on a lot so that
each dwelling unit has frontage on a public street.
"Dwelling, Townhouse", means a residential building divided vertically to provide three
or more dwelling units, each unit having independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit.
"Dwelling Unit", means a room or group of rooms designed, occupied or intended to be
occupied as an independent and separate housekeeping unit, for one or more persons,
providing kitchen and sanitary facilities and sleeping accommodations for the exclusive
use of the occupants, and having a private entrance from outside the building or from a
common hallway or stairway inside the building.
E
"Entertainment/Recreation Establishment", means development used for indoor and
outdoor commercial cultural, athletic, amusement, or recreational uses but does not
include gambling or uses otherwise defined or classified herein.
"Erect or Construct", means to build, reconstruct, place, or relocate and, without limiting
the generality of the word, also includes:
a)
any preliminary operation such as excavating, filling or draining;
b)
alteration to any existing building or structure by an addition enlargement,
extension or other structural change; and
c)
any work which requires a building permit.
Constructed and construction shall have corresponding meanings.
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"Existing", shall mean legally existing on October 19, 1999, unless otherwise noted.
F
"Farm Business", means those businesses that are limited in area and located on a farm,
and depend directly on the farm in order for the business to operate. Examples include:
farm-related tourism business, farm product sales outlet, cottage wineries, value-
added processing or packaging, and pick-your-own operations.
"Farm Home Industry", means an occupation which is carried out on a farm as an
accessory use, in accordance with the provisions of this By-law.
"Farm Product Sales Outlet", means a use accessory to an active agricultural operation
on the property, that includes a building or structure with commercial retail space for the
sale of value-added products produced by the farm. The sale of products not produced on
the farm or by the farm corporation is prohibited.
"Farm-Related Tourism Business" means those agriculturally-related tourism uses that
promote enjoyment, education, or activities related to the agricultural operation. The main
activity on the property must be an agricultural use. As such, uses must:
a.
Be dependent on the existence of the agricultural operation,
b.
Use products that are produced on the property or related to agriculture,
c.
Enhance the agricultural nature of the property, and
d.
Not present any limitation to future agricultural activities.
Such activities could include hay or corn maze, petting zoo, hay/sleigh rides, pumpkin
chucking, farm tours, and processing demonstrations.
"Farmer's Market", means an establishment or premises where the farm products of the
local farming community are sold from covered or open air areas designated for individual
retailers.
"Financial Institution", means the premises of a bank, credit union, trust company, loan
or mortgage company, investment firm, or financial consultants.
"Flood Control Project", means land use practices or structures deemed necessary by
the Grand River Conservation Authority for the reduction or prevention of flooding.
"Floor Area", for the purposes of Section 4.4, means the sum total of the horizontal areas
of each floor of a building whether any such floor is above or below grade between
exterior walls and the centerline of required firewalls, including the space occupied by
interior wall and partitions, but not including exits, vertical service spaces and their
enclosing assemblies.
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"Floor Area, Gross", means the sum total of the horizontal areas of each floor whether
any such floor is above or below grade measured between the exterior faces of the exterior
walls of the building or structure of the level of each floor, but excluding
a)
a cellar
b)
any part of the building or structure which is used for mechanical or
heating equipment, the storage or parking of motor vehicles, locker storage
and laundry facilities, unenclosed verandas, internal/external stairs,
sunrooms or porches or an attic;
c)
enclosed malls, courts or atriums for non-residential uses between
individual uses.
"Floor Area, Ground", means the maximum area of a building or structure at finished
grade measured between the exterior faces of the exterior walls.
"Food Processing Plant", means a building or part thereof, other than a restaurant or
catering service, in which agricultural products are prepared, processed, preserved,
graded or stored for eventual human consumption, and includes licensed medical
marijuana facilities, but does not include an abattoir or any premises used for the
slaughtering of animals. A food processing plant shall be "dry" uses which do not use
significant amounts of water in their operation and which do not produce significant
amounts of effluent.
"Fuel Storage Establishment", means an establishment where petroleum gasoline, fuel
oil, gas, propane, or other fuels are stored in tanks for wholesale distribution or bulk sales
but does not include facilities for the sale of fuels for private motor vehicles.
"Funeral Home", shall mean a building or part of a building established or maintained
for the purpose of providing funeral services or funeral supplies limited to the disposition
of human remains.
G
"Garage", means an accessory building or that part of a main building used for the
storage of a motor vehicle(s) of the owner, tenant or occupant of the lot upon which such
garage is located and includes a carport.
"Garden Centre", shall mean a building or part of a building and/or adjacent land used
for the purpose of growing of plants, shrubs, trees and similar vegetation, buying or selling
lawn and garden equipment, furnishings, and supplies, and may include a greenhouse.
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"Golf Course", means a public or private area operated for the purpose of playing golf,
including associated accessory recreational uses such as a club house, driving ranges,
miniature courses and similar uses operated for commercial purposes.
"Grade, Finished", means the average level of the finished ground adjoining a building
or structure at all exterior walls.
H
"Habitable Room", shall mean any room in a residential unit used or capable of being
used by one or more persons for living, sleeping, eating, food preparation or sanitation.
"Height", shall mean the vertical distance between the finished grade of the centre of the
front of the building, and;
a)
in the case of a flat roof, the highest point of the roof surface or parapet wall;
b)
in the case of a mansard roof, the ridge;
c)
in the case of a gabled, hip, gambrel or one-slope roof, the average level
between eaves and ridge, except that a one-slope roof having a slope of
less than 20 degrees from the horizontal shall be considered a flat roof for
the purposes of this By-law.
In calculating the height of a building, any construction used as ornament or for the
mechanical operation of the building, such as a mechanical penthouse or a chimney,
tower, cupola, steeple, spire, belfry, water tank, clock tower, farm building, windmill, flag
pole, ventilator, or antenna, is not to be included.
"Home Occupation", means any occupation, profession, business, trade or craft
conducted for profit or gain as an accessory use, conducted entirely within a dwelling
unit by a person who is a resident of such dwelling unit.
"Hospital", means a hospital as defined in the Private Hospitals Act, as amended, or the
Public Hospitals Act, as amended.
"Hotel or Motel", means a building or a group of connected buildings used primarily for
the purpose of catering to the needs of the public by furnishing sleeping accommodation
and which may supply food but does not include an apartment, a guest house or a dwelling
house. Accessory uses may include a restaurant, a lounge, a convenience store, a gift
store, or a recreation facility.
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I
"Industrial Use", means the manufacturing, processing, production, fabrication,
packaging, assembly, stamping, treating, finishing, testing or warehousing of goods or raw
materials. Industrial uses shall be "dry" uses which do not use significant amounts of
water and which do not produce significant amounts of effluent.
"Institutional Uses", means religious, charitable, educational, health or welfare uses.
Examples include, but are not limited to: place of worship, medical clinic, social service
establishment, long term care facility, school, or child care centre.
K
"Kennel", means a place where a minimum of three dogs or four cats are housed,
boarded, bred, trained, sold or kept and which is licensed by the Township under the
provisions of the Municipal Act, but does not includes a Veterinary Clinic as defined
herein. Accessory retail sales and accessory Pet Grooming are permitted.
Notwithstanding, the definition of Kennel does not apply to where dogs are kept as
working dogs associated to a Livestock Facility as defined. The limit shall be four dogs
where the Township is satisfied this criterion has been met.
L
"Landscaped Area", shall mean the open unobstructed space from ground to sky at grade
on a lot accessible by walking from the street on which the lot is located and which is
suitable for the growth and maintenance of grass, flowers, bushes and other landscaping
and includes any surfaced walk, patio or similar area but does not include any driveway
or ramp, any curb, retaining wall, parking area, outdoor storage, or any open space
beneath or within any building or structure, whether surfaced or not.
"Lane", shall mean a public or private thoroughfare or way, which affords only a secondary
means of access to abutting property, and includes a laneway, but does not include a
street.
"Library", means a library, branch library, or library distributing station that is approved
under the Provincial legislation.
"Livestock Facility", means one or more barns or permanent structures intended for
keeping or housing of livestock with livestock occupied portions, which are areas of the
structure where the livestock spend a majority of their time thus allowing substantial
amounts of manure to accumulate. A livestock facility also includes all manure or
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material storages and anaerobic digesters. For the purposes of this definition livestock
includes animals identified in the Ontario Ministry of Agriculture, Food and Rural Affairs
Minimum Distance Separation Implementation Guidelines.
"Loading Space", means an off-street space on the same lot with a building or on a lot
contiguous to a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials pertinent to such permitted
use.
"Long Term Care Facility", means a building where residents who require long term
personal support services, restorative care, and/or nursing care dwell with supervision
without individual cooking facilities, and on a long-term basis, and the facility is licensed
in accordance with the Long-Term Care Homes Act, as amended.
"Lot", means a parcel or tract of land:
a)
which is a whole lot as shown on a Registered Plan of Subdivision. A
Registered Plan of Subdivision for the purposes of this paragraph does not
include a Registered Plan of Subdivision which has been deemed not to be
a Registered Plan of Subdivision under a by-law passed pursuant to The
Planning Act; or
b)
is a separate parcel of land without any abutting lands being owned by the
same owner or owners; or
c)
the description of which is the same as in a deed which has been given
consent pursuant to the Planning Act; or
d)
is the whole remnant remaining to an owner or owners after a conveyance
made with consent pursuant to the Planning Act.
"Lot Area", means the total horizontal area within the lot lines of a lot.
"Lot, Corner", means a lot situated at the intersection of two or more streets, provided
that the angle of intersection of such streets is not more than one hundred and thirty-five
degrees.
"Lot Coverage", means the percentage of the lot area covered by the ground floor area.
For the purposes of calculating lot coverage, parking areas, patios, decks, outdoor
swimming pools, steps or balconies shall not be considered.
"Lot Depth", means the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, lot depth means the length of a straight line
joining the middle of the front lot line with the middle of the rear lot line. When there is
no rear lot line, lot depth means the length of a straight line joining the middle of the
front lot line with the apex of the triangle formed by the side lot lines.
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"Lot Frontage", means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front lot line with
either the middle of the rear lot line or the apex of the triangle formed by the side lot
lines and at a point equal to the setback of the required minimum front yard depth from
the front lot line.
"Lot, Interior" means a lot abutted by lots on directly opposite sides.
"Lot Line", means any boundary of a lot.
"Lot Line, Exterior", means a side lot line which abuts a street.
"Lot Line, Interior", means a lot line which does not abut a street
"Lot Line, Front", means in the case of an interior lot, the line dividing the lot from the
street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed
the front lot line and the longer lot line abutting a street shall be deemed an exterior
side lot line. In the case of a through lot, the lot line where the principal access to the
lot is provided shall be deemed to be the front lot line. In the case of a corner lot where
the length of the lot lines abutting a street are equivalent or there are three abutting
streets the front lot line shall be deemed to be the lot line where the face of the building
intended to be the front is located.
"Lot Line, Rear", shall mean the lot line farthest from and opposite to the front lot line.
"Lot Line, Side", means a lot line other than a front or rear lot line.
"Lot, Through", means a lot bounded on two opposite sides by improved streets.
M
"Machine Shop", means a workshop in which work is machined to size and assembled.
"Main", when used to describe a use, a building or a structure, means a use, building
or a structure, which constitutes or within which a principal use of the lot is conducted.
"Medical Clinic", means a building or part thereof, used exclusively by physicians,
dentists, drugless practitioners, their staff and patients for the purpose of consultation,
diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may
include administrative offices, waiting and treatment rooms, laboratories and dispensaries
directly associated with the clinic, but shall not include accommodations for in-patient care
or operating rooms nor include a veterinary clinic as defined herein.
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"Mobile Home", means a prefabricated dwelling house constructed to be towed on its
own chassis (notwithstanding that its running gear is or may be removed), designed and
equipped for year-round occupancy and containing suitable sanitary facilities including a
flush toilet, shower or bathtub within the unit but does not include a motor home or travel
trailer as defined herein.
"Mobile Home Park", means a lot used exclusively for the siting of two or more mobile
homes, together with potential accessory uses which may include a convenience store,
laundry room or other commercial use catering to mobile home park residents and may
also include indoor and outdoor recreational facilities for the use of mobile home park
residents.
"Motor Vehicle", means any vehicle propelled or driven otherwise than by muscular
power, but does not include a motor vehicle running only upon rails, a power assisted
bicycle, a motorized snow vehicle, a farm tractor, or electric slow-moving vehicles and
personal mobility devices. For the purposes of this by-law, the terms motor vehicles and
vehicle are interchangeable. [Amended by By-law 7-2022]
"Municipal Drain", means a watercourse or sewer which carries storm surface water and
drainage as defined by the Ontario Drainage Act.
"Museum", means an institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the public for its instruction
and enjoyment, a collection of artifacts of historical interest.
N
"Non-Conforming", means a use, a building or a structure which legally existed at the
date of the passing of this By-law and which does not comply with the permitted uses
and/or other provisions of this By-law for the Zone(s) in which such use, building or
structure is located.
"Non-habitable Room", means any room located within a dwelling unit that is not a
habitable room, including, but not so as to limit the generality of the foregoing, a laundry
room, pantry, lobby, corridor, stairway, closet, veranda, porch, balcony, private garage,
unfinished attic, cellar, boiler room and any space used for the service and maintenance
of such dwelling or for vertical travel between storeys.
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Consolidation December 2022
O
"Office", means a building or part of a building in which a business is conducted or a
profession is practiced including associated clerical, administrative, consulting, advisory
or training services, but does not include a medical clinic, or veterinary clinic.
"Outdoor Display and Sales Area", means a portion of a lot, used in conjunction with a
business located within the building or structure on the same property, for the exhibiting
or selling of seasonal produce, merchandise or the supply of services.
"Open Storage", shall mean the storage of raw materials, equipment, vehicles or other
materials which are not enclosed within a building or structure, but does not include a
parking lot.
P
"Passive Recreation", shall mean the use of land and/or water for the purpose of passive
leisure activity such as walking, hiking and cycling where buildings and structures are
limited to those necessary to support the passive leisure activities. Passive recreation
may also include a woodlot, a wildlife sanctuary, and a conservation area.
"Park", means an open area, playground or playfield including therein one or more athletic
fields, field houses, community centres, bleachers, swimming pools, wading pools,
greenhouses, bandstands, skating rinks, tennis courts, bowling greens, curling rinks,
skiing, refreshment rooms, arenas or similar uses.
"Parking Aisle", means a portion of a parking area which abuts parking spaces to which
it provides access and which is not used for the parking of vehicles.
"Parking Area", means an area provided for the parking of motor vehicles and may
include aisles, parking spaces and related ingress and egress lanes but shall not include
any part of a public street and may include a private garage.
"Parking Lot", means an open area, other than a street or lane, where the primary use
of the lot is the temporary paid parking of motor vehicles for clients or customers, and
includes associated parking spaces, driveways, and parking aisles. Temporary parking
does not allow the continuous parking of any vehicle for more than one 24-hour period. A
parking lot does not include areas where vehicles for sale or repair are kept or stored, or
where impounded, wrecked or otherwise inoperable vehicles are stored. This does not
include accessory parking areas or parking areas associated with residential uses.
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Consolidation December 2022
"Parking Space", means an area exclusive of any aisles or ingress or egress lanes, for
the temporary parking or storage of motor vehicles, and may include a private garage or
residential driveway. Required visitor parking may not occur within a residential driveway.
"Person", means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal representatives of a
person to whom the context of this By-law can apply according to law.
"Pet Grooming", means the grooming of a domestic animal, including bathing, cutting of
hair, trimming of nails, and other services generally associated with the act of grooming
but shall exclude veterinary services, breeding, boarding, and overnight accommodation.
"Pit", means land or land under water where unconsolidated aggregate material is being
or has been removed by means of an open excavation to supply material for construction,
industrial or manufacturing purposes, and has not been rehabilitated, but shall not include
a quarry as defined herein, an excavation incidental to the erection of a building or
structure for which a building permit has been granted by the Corporation, or an
excavation incidental to the construction of any public works.
"Place of Worship", shall mean a building used by a religious congregation or
organization and dedicated exclusively to worship and related religious, social and
charitable activities and may include a hall, an auditorium, a convent, an office for
religious leaders, a children's activity room, and an attached dwelling unit for a religious
leader as accessory uses.
"Plaza Complex", means a group of commercial or industrial establishments which is
planned, developed, managed and operated as a unit with shared on-site parking and
containing three or more separated spaces for lease and/or occupancy.
"Private Club", means a building or part of a building used as a meeting place for
members of a chartered organization, not operated for profit, and may include a lodge,
service club, fraternal organization.
"Provincial Highway", means a street under the jurisdiction of the Ministry of
Transportation Ontario.
Q
"Quarry", means land or land under water where consolidated aggregate has been or is
being removed by means of an open excavation to supply material for construction,
industrial or manufacturing purposes, and that has not been rehabilitated, but shall not
include a pit as defined herein, an excavation incidental to the erection of a building or
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Consolidation December 2022
structure for which a building permit has been granted by the Corporation or an
excavation incidental to the construction of any public works.
R
"Recreational Trailer", means any portable unit so constructed as to be suitable for
attachment to a motor vehicle for the purpose of being drawn or propelled by the motor
vehicle; and which is capable of being used for the temporary living, sleeping, or eating
accommodations, but not occupied continuously or as a principal residence. It may include
travel trailers, tent trailers, motor homes, camper pick-ups, or camper vans. It does not
include a mobile home.
"Recreational Use", means the use of land for public or private parks and their
accessory facilities, such as: indoor and outdoor skating rinks, athletic fields, change
rooms, picnic areas, swimming pools, outdoor theatres, agricultural fairs and all similar
uses, excluding a track for the racing of any sort of animals or vehicle.
"Recycling Plant", means a place where materials such as paper, plastic, cardboard,
metal and glass are delivered stored, separated, and processed in order to salvage and
reuse material, but does not include uses otherwise defined or classified herein.
"Rental Outlet", means a building or part thereof used for the rental of tools, appliances,
office machines, recreation equipment, light construction equipment, party supplies or
similar items, but does not include the rental of motor or recreational vehicles.
"Restaurant", a building or structure or part thereof, where food or refreshments are
prepared and offered for retail sale to the public for immediate consumption either on or
off the premises, take out or drive thru service, but does not include a catering service.
A patio with seating up to 50% of the indoor, licensed capacity may be permitted as an
accessory use subject to site plan approval, restaurant parking provisions, and all other
applicable provisions of this By-law. [Amended by By-law 7-2022]
"Retail Store", means a building or structure or part thereof in which food, goods, wares,
merchandise, substances, or articles are offered or kept for sale at retail, but does not
include any establishment otherwise defined or classified herein.
S
"Salvage Yard", means an establishment where goods, wares, merchandise, and articles
are dismantled or processed for further use and/or where such goods, wares,
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Consolidation December 2022
merchandise and articles are stored and kept for sale wholly or partly in the open and shall
include a junk yard, a scrap metal yard, and an automobile wrecking yard.
"Satellite Dish", means an antenna intended for or capable of being used for receiving or
collecting communication signals from a satellite.
"School", means a school under the jurisdiction of a school board as defined by Provincial
legislation.
"Scientific Research Establishment", means an establishment where scientific or
medical experiments, tests, or investigations are conducted, and where drugs, chemicals,
glassware, or other substances or articles pertinent to such experiments, tests, or
investigations are manufactured or otherwise prepared for use on the premises.
"Seasonal Equestrian Camp", means a facility which operates from May 1 to October 1
and provides equestrian instruction and accessory recreation programming in an
overnight camp setting catering to short term guests.
"Section 59 Notice" refers to the requirement under Section 59 of the Clean Water Act,
which requires issuance of a notice from the Risk Management Official, as appointed by
the Township, before permitting an activity that is considered a restricted land use as
identified in the Grand River Source Protection Plan.
"Self-storage Facility", means a building or group of buildings divided into separate
self-contained compartments and leased or rented on an individual basis for temporary
storage of individuals' property.
"Service Shop", means a building or part of a building in which services are provided
including but not be limited to a cosmetic services, photography studio, and service or
repair shops. The accessory sale of merchandise shall be permitted only as an
accessory use to the service provided.
"Setback", means the horizontal distance from the lot line, measured at right angles, to
the nearest part of any building or structure on the lot.
"Shipping Container" means an intermodal freight container that is designed for the
transportation and storage of goods and materials which are loaded onto trucks, trains or
ships for the purpose of moving of goods and materials. For the purpose of this definition
a shipping container does not have wheels and does not include a truck body, trailer or
transport trailer.
"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
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Consolidation December 2022
directs attention to an object, product, place, activity, person, institution, organization or
business.
"Sight Line Triangle", means an area free of buildings, structures, or plantings that
measure 1 m or higher.
In the case of a corner lot, the area is to be determined by measuring from
the point of intersection of street lines on a corner lot, 7.6 m along each
such street line and adjoining such points with a straight line.
In the case of a driveway, the area is to be determined by measuring the
point of intersection formed within a lot by the intersection of any driveway
line and a lot line, 4.5 m from their point of intersection, and adjoining such
points with a straight line.
The triangular-shaped land between the intersecting lines and the straight
line joining the points is the sight line triangle.
"Significant Drinking Water Threat" means a drinking water threat that, according to a
risk assessment, poses or has the potential to pose a significant risk (Clean Water Act).
"Social Service Establishment" means a building or structure in which clerical,
administrative, consulting, counseling, distributive, and recreation functions for a non-
profit social service agency are conducted, but does not include facilities in which
overnight accommodation is provided.
"Source Protection Plan" means a drinking water source protection plan prepared under
the Clean Water Act (Clean Water Act).
"Specialty Store" means a retail store which falls into one of the following categories and
is built at a scale not appropriate for the Village Commercial Zones: auction house;
antique shop; beer, wine or liquor store; convenience store; furniture and appliance
establishment; or lumber yard.
"Stacking Lane", means the portion of a parking area exclusively used as an
unobstructed internal space for queuing
motor vehicles utilizing a drive-thru
establishment.
"Storey", means that portion of a building which is situated between the top of any floor
and the top of the floor next to it, and if there is no floor above it, that portion between the
top of such floor and the ceiling above it. It does not include a basement, cellar or attic.
"Street", shall mean a public thoroughfare, other than a lane, which is maintained by a
public road authority and which is open and passable during all seasons. For the purposes
of applying the setback provisions of this By-law to development on an existing lot a
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Consolidation December 2022
street shall include any adjacent unopened road allowance or private road that serves as
the legal main access to the lot
"Street Line", means the limit of the street allowance and is the dividing line between a
lot and a street.
"Structure", means anything constructed or erected, either permanent or temporary,
which is fixed to or resting on or below the ground.
T
"Taxi or Bus Depot", means a structure used for the boarding or disembarkment of
buses or taxis by fare-paying passengers.
"Tractor Trailer", means a truck consisting of a self-propelled cab designed to have
temporarily attached thereto, a trailer consisting of one or more axles designed to be
pulled by the cab for the purpose of carrying goods or materials. Both the cab and trailer
component individually or together are considered a tractor trailer for the purposes of
apply the provisions of this by-law. This definition shall not include a commercial motor
vehicle as defined herein.
"Transport Establishment", means the use of land and main buildings, structures or
parts thereof, where trucks and transports or buses are rented, leased, serviced, repaired,
loaded or unloaded, kept for hire, stored or parked for dispatching as common carriers, or
where goods are temporarily stored for further shipment. [Amended by By-law 7-2022]
U
"Use", means the purpose for which a lot or a building or structure, or any combination
thereof, is designed, arranged, intended, occupied, or maintained and "uses" shall have
a corresponding meaning. "Use" when used as a verb, or "to use", shall have a
corresponding meaning.
V
"Veterinary Clinic", means a building or part thereof wherein animals of all kinds are
treated or kept for treatment by a registered veterinarian within the meaning of Provincial
legislation, and includes facilities where animals can be temporarily boarded while
undergoing treatment.
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Consolidation December 2022
W
"Warehouse", means a building or part thereof which is used primarily for the housing,
storage, adapting for sale, packaging or wholesale distribution of goods, wares,
merchandise, food stuff, substances, articles or things.
"Waste Disposal Area", means a facility operated by or for the Corporation or the
County, or authorized by the Ministry of Environment, where garbage, refuse or domestic
or industrial waste is disposed of or dumped, and shall include a sewage treatment plant
or sewage lagoon.
"Waste Transfer Station", means a place authorized by the Ministry of Environment
where waste material is collected, sorted, prepared and/or transferred into containers for
shipment to a land fill site, recycling facility or other waste disposal facility.
"Wayside Pit or Quarry", shall mean a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of road
construction and not located on a road right-of-way.
"Wellhead Protection Area" means an area that is related to a wellhead and within which
it is desirable to regulate or monitor drinking water threats (Ontario Regulation 287/07).
"Wholesale Outlet", means a building or part of a building in which goods, wares,
merchandise or articles are offered or kept for sale to persons for resale purposes and/or
to industrial or commercial users.
Y
"Yard", means a space appurtenant to a building, structure or excavation, located on
the same lot as the building, structure or excavation, and which space is open,
uncovered and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in this By-law.
"Yard, Front", means a yard extending from side lot line to side lot line and from and
parallel to the street line, to the nearest wall of building or structure on the lot,
disregarding open or uncovered terraces or steps or minor architectural projections.
"Yard, Rear", means a yard extending from side lot line to side lot line and from rear
lot line (or apex of the side lot lines if there is no rear line), to the nearest part of the
main building or structure on the lot, disregarding open or uncovered terraces or steps
or minor architectural projections.
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Consolidation December 2022
"Yard, Side", means a yard, extending from the required front yard to the required rear
yard and from the side lot line to the nearest part of the main building or structure on
the lot, disregarding open or uncovered terraces or steps or minor architectural
projections. In the case of a lot with no rear lot line, the side yard shall extend from the
front yard to the opposite side yard.
"Yard, Side - Exterior", means a side yard immediately adjoining a public street.
"Yard, Side - Interior", means a side yard other than an exterior side yard.
"Yard, Side Width", means the least horizontal dimension between the side lot line of
the lot and the nearest part of any building, structure or excavation on the lot.
"Yard, Required", means a yard with the minimum front yard depth, rear yard depth,
or side yard width as required by this By-law. A required side yard shall extend from the
required front yard to the required rear yard.