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Consolidation December 2022
SECTION 4 - GENERAL PROVISIONS
4.1
Non-Conforming Uses, Buildings, Structures and Lots
Nothing in this By-law shall apply to prevent the use of any land, building or structure
for any purpose prohibited by this By-law if such land, building or structure was lawfully
used for such purpose as of August 8, 2016, so long as it continues to be used for that
purpose.
4.1.1 Strengthening of Non-Conforming Buildings
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of a building or structure which is used for a use not conforming with
this By-law, so long as the strengthening or restoration does not increase or expand
the height, size, shape or volume of the building or structure or change its use
to other than a conforming one.
Where for any reason, a non-conforming use has ceased, such non-conforming
use shall not be permitted to resume and any future use of land, building or
structure shall thereafter conform to the permitted uses of the Zones relating to
the subject land.
4.1.2 Replacement of Non-Conforming Buildings or Structures
Nothing in this By-law shall prevent the replacement of non-conforming building
or structure where such building or structure is partially or totally destroyed by
fire, explosion, collapse, or other accidental cause provided that:
1.
the building or structure is occupied by the same use or a permitted
use;
2.
such replacement is located on or within the limits of the foundation
walls of the building as they existed prior to such destruction;
3.
such replacement occurs within a reasonable amount of time; and
4.
the height and gross floor area of such replacement does not
exceed the height and gross floor area of the building as it existed
prior to such destruction.
4.1.3 Enlargement and/or Extension of Non-Conforming Buildings or
Structures
Nothing in this By-law shall prevent a non-conforming building or structure
from being enlarged or extended provided that the enlargement, or extension
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Consolidation December 2022
does not further reduce or create additional non-compliance of the building or
structure with this By-law.
[Amended by By-law 7-2022]
4.1.4 Lots Having Less Lot Area and/or Lot Frontage
Where a lot having a lot area and/or lot frontage less than the minimum required
herein, and is held under distinct and separate ownership from abutting lots as
shown by a registered conveyance in the records of the Registry or Land Titles
Office as of October 19, 1999, or where such a lot is created as a result of an
expropriation, such smaller lot may be used and a building or structure may be
erected, altered or used on such smaller lot, provided that servicing can be
accommodated to the satisfaction of the Township and all other requirements of
this By-law are complied with.
Notwithstanding the above, lots in the Village Commercial Zone which existed as
of October 19, 1999 and which have a lot frontage less than required and/or have
a lot area less than required, shall have a minimum lot frontage equivalent to their
lot frontage and/or shall have a minimum lot area equivalent to their lot area.
Notwithstanding the above, lots in the Agricultural Zone which existed as of
October 19, 1999 and which have a lot frontage less than 120 m and/or have an
area less than 35 ha, shall have a minimum lot frontage equivalent to their lot
frontage and/or shall have a minimum lot area equivalent to their lot area.
[Amended by By-law 7-2022]
4.1.5 Deemed to Comply: Non-Conforming Setbacks
Where a building was legally constructed and does not comply with the current
regulations of its Zone, the building shall have a minimum front yard setback
equivalent to its front yard setback, a minimum rear yard setback equivalent to
its rear yard setback, and/or shall have a minimum interior or exterior side yard
setback equivalent to its interior or exterior side yard setback.
4.1.6 Deemed to Comply: Site Plan or Development Agreement Approvals
Where a Site Plan or Development Agreement has been entered into, signed by
Owner and the Township and registered on title between January 1, 2010 and
August 8, 2016, but all building permits for the applicable project have not been
issued, the provisions in this By-law shall be deemed to be modified to the extent
necessary to give effect to the Site Plan or Development Agreement, provided that
all building permits are issued prior to December 31, 2021.
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Consolidation December 2022
4.2
Accessory Uses
4.2.1 Use of Accessory Buildings
Where this By-law provides that a building or structure may be constructed,
altered or used for a purpose, that purpose may also include any accessory use,
building or structure, but shall not include:
1.
Any occupation for gain or profit conducted within a Residential Zone,
except as may be permitted by this By-law.
2.
Any building used for human habitation except as permitted in this
By-law.
4.2.2 Establishment of an Accessory Building or Use
No accessory building or accessory use shall be constructed or established on
any lot or site until the main building has commenced construction, except for
"Temporary Use" purposes as may be permitted elsewhere in this By-law. In no
case shall portables, storage/shipping containers, freight cars or steel containers
be constructed or established as an accessory building on any lot within a
Residential Zone.
4.2.3 Location of Accessory Buildings
An accessory building or structure shall be erected to the rear of the required
front yard and shall comply with the yard and setback requirements of the zone in
which such buildings or structure is situated with the following exception:
a.
the minimum interior side yard and minimum rear yard setback shall
be 0.6 m (2 ft); or
b.
the minimum interior side yard and minimum rear yard setback for an
accessory structure intended for the parking or storage of a motor
vehicle shall be 1.2 m (3.9 ft).
No buildings or structures of any kind, including a patio, swimming pool, deck or
accessory building or structure, shall be erected, installed or maintained on any
portion of a lot which is identified as a leaching bed or septic system area.
4.2.4 Permitted Floor Area for Accessory Buildings
The maximum ground floor area permitted for all accessory buildings or
structures located on a lot as is follows:
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Consolidation December 2022
1.
Ten percent (10%) of the total lot area for a lot in a Residential Zone,
and a lot in the Agricultural Zone with a lot area less than or equal to
8,000 m2 (0.8 ha).
2.
Five percent (5%) of the total lot area for a lot in a Commercial,
Industrial, Institutional or Open Space Zone.
3.
Five percent (5%) of the total lot area for a lot in the Agricultural Zone
with a lot area greater than 8,000 m2 (0.8 ha) and less than or equal
to 350,000 m2 (35 ha).
4.
One percent (1%) of the total lot area or a maximum of 4,000 m2 (0.4
ha), whichever is less, for a lot in the Agricultural Zone with a lot area
greater than 350,000 m2 (35 ha).
4.2.5 Height of Accessory Buildings
No accessory buildings or structures shall exceed a height of 4.7 m (15.1 ft)
except on lands zoned Agricultural (A), or as otherwise provided herein.
4.3
Shipping Container Regulations
Notwithstanding the other regulations of this By-law the following provisions shall apply to
shipping containers:
1.
Shall only be permitted in the Agricultural, Rural Industrial, and Highway
Commercial Zones;
2.
Shall not be permitted as the sole structure on any property, except in the
case of a self-storage facility;
3.
Shall only be permitted for the use of accessory storage to a permitted use,
and shall not be used for human habitation, display, advertising, screening,
or fencing;
a.
Notwithstanding the above, a shipping container may be permitted
for the transportation of goods and materials within the Rural
Industrial Zone;
4.
Shall only be located to the side or the rear of the permitted use provided
that it is:
a.
Screened from view from the street and abutting properties;
b.
Complies with the lot coverage and setback requirements of the
Zone;
c.
Not be located in any required yard; and
d.
Not located in any required parking areas or landscape buffer.
5.
Shall be included in all calculations for the purpose of determining maximum
lot coverage.
6.
Shall be in a condition free from rust, peeling paint and any other form of
visible deterioration;
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7.
In no case shall a shipping container be permitted on a lot having less
than 0.4 hectares;
8.
Shall not exceed a height of 3 m and a length of 12 m, and shall not be
stacked one on top of the other;
9.
The maximum number of shipping containers on any property shall be
limited to 2;
a.
Notwithstanding the above, when used for the transportation of
goods and materials or as a self-storage facility within the Rural
Industrial Zone no maximum shall apply.
10.
Shall comply with the requirements of the Ontario Building Code; and
11.
Notwithstanding the above a shipping container may be permitted for
temporary storage on construction sites in accordance with Section 4.15.
[Amended by By-law 7-2022]
4.4
Additional Residential Unit Regulations
A maximum of two additional residential units shall be permitted per lot in any
zone where an additional residential unit is permitted, and shall only be
constructed or used in accordance with the following:
4.4.1 General Provisions
1.
Shall only be permitted provided that appropriate water and sanitary
services and servicing capacity is available to the satisfaction of the
Township of Guelph/Eramosa.
2.
The maximum floor area of an additional residential unit shall be
no more than an amount equal to 45% of the floor area of the main
dwelling up to a maximum size of 130 m². The calculation of the
maximum floor area for the additional residential unit and the main
dwelling shall also include a cellar and attic if these spaces would
meet the definition of a habitable room.
3.
In all cases the additional residential unit shall be clearly secondary
and subordinate to the main dwelling.
4.
The height of the additional residential unit(s) shall not exceed the
height of the main dwelling.
5.
Driveway access to both the main dwelling and the additional
residential unit shall be limited to one access so that no new
entrance from the street shall be created, except in the case of a
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corner lot, where one entrance from each street may exist, subject
to Section 4.19 or Section 4.20 as applicable.
6.
One parking space will be provided for each additional residential
unit, in addition to the required parking for the main dwelling.
7.
Shall not be permitted within hazardous lands as identified by the
applicable Conservation Authority.
8.
Shall be required to conform to all Ontario Building Code and Ontario
Fire Code regulations.
9.
Shall be required to conform to Minimum Distance Requirements
(4.24.1), where applicable.
[By-law 46-2022]
4.4.2 Attached Additional Residential Unit
One additional residential unit is permitted within the main dwelling or
attached to the main detached dwelling, subject to the provisions in
Section 4.4.1 and the following:
1.
In addition to Section 4.4.1.2, the following is applicable:
a.
If the additional residential unit is located in a basement,
the additional residential unit may occupy the whole of the
basement.
b.
Where an attached garage is converted to create an
additional residential unit (in whole or in part), the attached
garage will be included in calculation of the floor area of the
main dwelling.
2.
When exterior alterations to the main dwelling are proposed for an
attached additional residential unit, the following applies:
a.
The siting of an additional residential unit shall be to the rear
or side of the main dwelling; and
b.
Shall comply with the yard and setback requirements of the
Zone in which such buildings are situated.
[By-law 46-2022]
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4.4.3 Detached Additional Residential Unit
One additional residential unit is permitted in an ancillary building or
structure, subject to the provisions in Section 4.4.1 and the following:
1.
Shall be located on the same lot as the main dwelling and the
additional residential unit shall not be severed from the main
dwelling.
2.
The ancillary building or structure must be located within the main
building cluster and shall not be located more than 60 m away from
the main dwelling.
3.
The ancillary building or structure is to be screen and/or buffered
to the satisfaction of the Township of Guelph/Eramosa in order to
minimize visual impacts.
4.
A detached additional residential unit can occupy a part of or the
entirety of an ancillary building or structure.
5.
If the additional residential unit occupies the entirety of an ancillary
building or structure, the following additional provisions are
applicable:
a.
Shall comply with the minimum required yard standards in
which the unit is situated;
b.
Shall not exceed 5 metres in height.
6.
Notwithstanding Section 4.2.5, in the Agriculture (A) Zone, if the
additional residential unit occupies the second storey of an
ancillary building the maximum height shall not exceed 8 metres.
7.
All provisions within Section 4.2 are applicable, except for provisions
that conflict with Sections 4.4.3.5 and 4.4.3.6.
8.
A garden suite must not be located on the same lot.
[By-law 46-2022]
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Consolidation December 2022
4.4.4 Accessory Dwelling Unit in Commercial Zone Regulations
Wherever an accessory dwelling unit is permitted in a Commercial Zone
by this By-law, such an accessory dwelling unit shall only be constructed
or used in according with the following:
1.
Driveway access to both the commercial use and the accessory
dwelling unit shall be limited to one access so that no new entrance
from the street shall be created, with the exception of a corner lot,
where one entrance will be permitted from each street.
2.
The accessory dwelling unit shall be located above or behind the
main commercial use.
3.
The maximum gross floor area of an accessory dwelling unit that
is located behind a commercial use shall be no more than an amount
equal to 40% of the gross floor area of the commercial use, to a
maximum size of 115 m².
a.
Notwithstanding the above, if the accessory dwelling unit is
located above a commercial use, the accessory dwelling
unit may occupy the whole of the upper level floor.
4.
A maximum of one accessory dwelling unit per lot will exist, and
shall be accessory to the commercial use. Where residential uses
exist above a commercial use, an accessory dwelling unit will not
be permitted to the rear of the commercial use.
5.
One parking space will be provided for the accessory dwelling unit,
in addition to the required parking for the commercial use.
6.
Shall only be permitted provided that appropriate water and sanitary
services and servicing capacity is available to the satisfaction of the
Township of Guelph/Eramosa.
4.5
Garden Suites Regulations
A garden suite shall be permitted in the Rural Residential and Agricultural Zones, subject
to an approved Temporary Use By-law, in accordance with Section 39 of the Planning Act.
A garden suite shall be subject to the following regulations:
1.
A garden suite shall be portable and temporary.
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Consolidation December 2022
2.
Driveway access to both the main dwelling unit and the garden suite shall
be limited to one so that no new entrance from the street shall be created,
except in the case of a corner lot, where one entrance from each street
shall be permitted.
3.
The siting of a garden suite shall comply with all setbacks of the Zone, and
shall be located to the rear or side of the main dwelling unit, unless
adequate screening/buffering, where deemed necessary, is provided to
minimize the visual impact of the garden suite to adjacent properties.
4.
The maximum floor area shall be 140 m2 provided that the floor area of the
garden suite remains less than that of the main dwelling unit.
5.
The maximum height shall be one storey, and shall not exceed 4.5 m.
6.
No garden suite shall be located closer than 3 m to the main dwelling unit
on the lot or any building on an abutting property.
7.
Only one garden suite may be established per lot.
8.
All garden suites shall be provided with adequate water and sewage
disposal systems, as per the Ontario Building Code.
4.6
Sight Line Triangle
Any building, structure, or object erected in accordance with this By-law shall comply
with the definition of a sight line triangle.
4.7
Street Frontage Required
No person shall erect any building or structure in any Zone unless the lot upon which
such building or structure is to be erected has frontage on an improved street.
4.8
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.
4.9
Yard Encroachments
Every part of any yard required to be provided in any Zone shall be open and unobstructed
from the ground to the sky, with the following exceptions:
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Structure
Relief provided
Yard that must be
maintained
A gate house in an Industrial or
Open Space Zone
May encroach into a
required interior side
yard or front yard
None, provided other
restrictions of this By-
law such as sight line
triangles are
maintained.
Accessory buildings
May be located within
the 30 m setback of a
railway right-of-way
The setback of the
Zone
Balconies and steps (covered or
uncovered), unenclosed porches,
or decks.
2.5 m into a required
yard
2.5 m yard is required
to be maintained.
Fences, walkways (including inset
steps where a slope prohibits
walkways), freestanding walls,
flagpoles, light standards, hedges,
trees, shrubs and similar
accessory structures and
appurtenances
No yard required
None, provided other
restrictions of this By-
law such as sight line
triangles are
maintained.
Fire escapes and exterior
staircases
1.5 m into a required
side yard or rear
yard
Required yard less 1.5
m
Fuel pump islands and fuel pumps
No yard required
4.5 m yard is required
to be maintained
Outdoor amenity area
May encroach into a
required interior side
yard or rear yard
None, provided other
restrictions of this By-
law such as sight line
triangles are
maintained.
Satellite dishes
May encroach into a
required interior side
yard or rear yard
3 m yard is required to
be maintained
Signs
No yard required
None, provided other
restrictions such as any
applicable sign by-law
are complied with.
Window sills, chimney breasts, belt
courses, cornices, eaves and other
architectural features
1 m into required yard Required yard less 1 m
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4.10 Height Exceptions
The height regulations of this By-law shall not apply to any ornamental dome, clock tower,
chimney, belfry, storage silos, barn, grain elevator, cupola, steeple, spire, an elevator
shaft, water storage tank, elevating device, flagpole, television or radio antenna or tower,
ventilator, windmill, air conditioner duct, grain drying equipment, clothesline, skylight, or
solar collector.
4.11 Buffer Strips
4.11.1 Buffer Strip Requirements
Notwithstanding the yard and setback provisions of this By-law, where a lot is used
for a non-residential use other than agriculture and the interior lot line or rear lot
line abuts a residential use, then a strip of land adjoining such abutting lot line,
shall be used for no other purpose than a buffer strip in accordance with the
regulations of Section 4.11.2.
Notwithstanding the yard and setback provisions of this By-law, where a parking
lot and/or a parking area is situated on a lot along a lot line which abuts a
residential use, a visual barrier shall be provided and maintained along such
abutting lot line in accordance with the regulations of Section 4.11.2.
Notwithstanding the yard and setback provisions of this By-law, where a lot is used
for an extractive industrial use, then a strip of land adjoining abutting lots, shall
be used for no other purpose than a buffer strip in accordance with the regulations
of Section 4.11.2.
[Amended by By-law 7-2022]
4.11.2 Buffer Strip Regulations
1.
Minimum width of 1.5 m.
2.
A buffer strip may consist of:
a.
a continuous unpierced hedgerow of evergreens or shrubs,
b.
a solid privacy fence,
c.
a solid wall,
d.
an earth berm,
e.
or combination thereof.
3.
The buffer strip shall not be less than 1.5 m in height, immediately
adjacent to the lot line or portion thereof along which such buffer
strip is required. The remainder of the strip may be used for shrubs,
flowerbeds, grass or a combination thereof.
49
Consolidation December 2022
4.
In all cases where the ingress and egress of a driveway and/or walk
extend through a buffer strip, it shall be permissible to interrupt the
buffer strip within 1.5 m of the edge of said driveway and/or walk.
5.
The planting strip shall be planted and maintained by the owner or
owners of the land on which the planting strips are required;
6.
The buffer strip shall be in accordance with the Township's
Landscape Guidelines, as applicable; and
7.
A buffer strip referred to in this Subsection may form part of any
landscaped area required by this By-law.
4.12 Home Occupation Regulations
A home occupation is permitted within a dwelling unit by a resident of said dwelling
unit, subject to the following regulations:
1.
The home occupation is clearly secondary to the main residential use and
does not change the residential character of the dwelling unit nor create or
become a public nuisance in particular in regard to noise, traffic or parking;
2.
Only two employees in addition to the permanent residents of the dwelling
unit may be employed;
3.
No external storage, external display of goods or materials, or accessory
buildings may be used in relation to a home occupation;
4.
No external display or advertising other than a fascia or ground sign having
a maximum area of 0.2 m2 which does not include changeable copy or
internal illumination;
5.
No mechanical equipment, except that which is customarily used in
dwellings for domestic or household purposes, or for use by a dentist,
drugless practitioner, physician, or other professional persons;
6.
Up to 25% of the gross floor area of the dwelling unit may be used for
home occupation purposes; and
7.
The parking requirements of this By-law shall apply to any home
occupation use, in addition to the required spaces for the dwelling unit.
4.13 Farm Home Industry Regulations
1.
A farm home industry must be located on a farm, and shall be secondary
to the agricultural use.
2.
A farm home industry shall include a carpentry shop, a contractor or
tradesperson establishment, a welding shop, a machine shop, a
plumbing shop, an electrical shop, furniture fabrication, assembly and repair,
tool and equipment repair shop, small engine repair, farm implement repair;
or a use of a similar nature to those listed above.
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Consolidation December 2022
3.
The farm home industry must employ at least one person who dwells on
the property and may employ two additional employees.
4.
All buildings, structures, parking areas and loading areas used for the
farm home industry shall not occupy an area exceeding 2% of the lot, to a
maximum of 0.4 hectares in area.
5.
A farm home industry must be appropriate for rural servicing and be
compatible with agricultural uses.
6.
There shall be no open storage of materials, supplies, tools, equipment or
goods which are used for, or result from, the farm home industry.
7.
A farm home industry must comply with all applicable by-laws and
regulations such as noise and parking regulations.
4.14 Public Uses
The provisions of this By-law shall not apply to:
the use of any lot or to the erection or use of any building or structure for
purposes of providing public services by the Corporation or the County as
defined by the Municipal Act,
any telephone or telegraph company,
any natural gas transmission and distribution system operated by a
company and possessing all the necessary powers, rights, licences and
franchises,
any wayside pits and quarries, portable asphalt plants and portable concrete
plants used for public authority contracts,
any Conservation Authority established by the Government of Ontario,
any Department of the Government of Ontario or Canada, including Hydro
One Networks Inc. or agent thereof, or
any use permitted under the Railway Act or any other statute of Ontario or
Canada governing railway operations, including tracks, spurs and other
railway facilities provided that an above ground use in a Residential Zone
shall be enclosed in a building designed and maintained in general
harmony with residential buildings/dwelling units of the type permitted in
that Zone.
4.15 Temporary Uses
Nothing in this By-law shall prevent the use of any land, or the erection or use of any
building, trailer or structure for a construction camp, work camp, temporary
accommodation tool shed, scaffold or other building or structure incidental to and
necessary for construction work on the premises, but only for so long as such use,
building or structure is necessary for such construction work which has not been finished
or abandoned. The temporary use will be subject to the retention of a valid building permit.
51
Consolidation December 2022
4.16 Uses Permitted in All Zones
The following uses are permitted in all Zones within the Corporation:
1.
The use of any land as a public park, playground, street, walkway, site for
a statue, monument, cenotaph, fountain, or other memorial or ornamental
structure.
2.
The installation or maintenance of a water main, sanitary sewer main, storm
sewer main, pumping station, gas main, pipeline, storm water management
facility, lighting fixture, overhead or underground electrical services, cable
television, telegraph or telephone line or associated tower or transformer,
together with any installations or structures appurtenant thereto.
3.
The use of land for a street or a public railway, including any installations,
structures appurtenant thereto.
4.17 Uses Restricted in All Zones
1.
No use shall be permitted which due to its nature, or the materials used
therein, or emissions issuing therefrom, is determined to be a noxious trade,
business or manufacturing process.
2.
No land, building, or structure shall be used if it is likely to create a public
nuisance or danger to health or danger from fire or explosion except in
accordance with the provisions and regulations under the Gasoline Handling
Act.
3.
No use shall be permitted where the approval of private water or sanitary
treatment and disposal facilities has not been obtained from the Chief
Building Official or the Ministry of the Environment, as the case may be.
4.
The following uses are prohibited throughout the Corporation, either alone
or in conjunction with other uses except as is otherwise specifically provided
herein:
a.
a salvage yard;
b.
a mobile home park;
c.
a track or course for the racing and/or testing of motorized vehicles;
d.
the boiling of blood, tripe, bones or soaps for commercial purposes;
e.
the tanning or storage of uncured hides or skins;
f.
the manufacturing of glue or fertilizers from dead animals or from
human or animal waste;
g.
an abattoir, stockyard, livestock exchange, or dead stock depot;
h.
the extracting of oil from fish or animal matter;
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Consolidation December 2022
i.
any use which causes the emission of corrosive gasses, toxic gasses
or radioactive gasses or, into any Zone other than an Industrial Zone,
or electromagnetic fields, heat, glare, non-agricultural odours, noise,
vibrations, dust, dirt, fly ash or smoke which does not comply with
emission regulations as may be established from time to time by the
Province of Ontario, the Government of Canada, or any agencies
thereof;
j.
the keeping or raising of livestock or wild animals in any Residential
Zone unless otherwise permitted;
k.
an adult entertainment establishment;
l.
a body rub parlour;
m.
the parking or storage of trailers or commercial motor vehicles on
a vacant lot;
n.
the outdoor storage of a partially dismantled motor vehicles or
trailers or motor vehicle or trailer parts unless otherwise specifically
permitted by this By-law;
o.
any use unable to obtain the approval from the Medical Officer of
Health or Ministry of the Environment and Energy, owing either to the
quantity of water required thereof or to the quality of effluent produced
thereby;
p.
the use of any tent, trailer, truck, bus, coach body, rail car or vehicle
for human habitation, except where permitted by this By-law;
q.
the use of any accessory building or structure for human habitation
or for gain or profit, unless as otherwise permitted by this By-law.
[Amended by By-law 7-2022]
4.18 Source Protection Screening Areas
Within the Source Protection Screening Areas Overlay shown on Schedule 'C', any use
that is, or would be, a significant drinking water threat is required to conform with all
applicable Grand River Source Protection Plan policies and, as such, may be prohibited,
restricted, or otherwise regulated by that Source Protection Plan.
Explanatory Notes:
1.
An application for development, redevelopment, or site alteration within a
Source Protection Screening Area, where a drinking water threat could be
significant, shall only be deemed complete under the Planning Act if
submitted with a Section 59 Notice issued by the Risk Management Official,
as appointed by the Township, in accordance with the Clean Water Act,
2006 and where applicable in accordance with the Grand River Source
Protection Plan.
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Consolidation December 2022
2.
The Risk Management Official, as appointed by the Township, shall
determine whether a new land use or activity is, or involves, a significant
drinking water threat in accordance with the Clean Water Act, 2006 and
whether the use or activity is regulated or prohibited in accordance with the
Grand River Source Protection Plan.
4.19 Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed
by a government authority having jurisdiction to make such restrictions.
4.20 Setbacks from Roads not under the Authority of the Corporation
Notwithstanding any other provisions of this By-law, no building or structure shall be
located closer than 22.5 m to County Roads with the exception of those buildings or
structures located within the boundaries of an Urban Centre or Hamlet as identified in
the Wellington County Official Plan. All buildings shall be located to the greater of any
setback.
Notwithstanding any other provisions of this By-law, no building or structure shall be
located within the setback as set out by the Ministry of Transportation for the specific use
and location, in proximity to Provincial Highways.
This distance shall be measured at a right angle to the center line of the street abutting
such yard, commencing from the center line in the direction of the applicable yard of
such lot or parcel of land.
4.21 Maintaining Existing Road Setback
Notwithstanding any other provisions of this By-law, subject to the approval of the
appropriate road authority, on any lot between two existing buildings which are not more
than 42.7 m apart, a new building may be constructed, having a setback from the center
line of the road allowance which is equal to the average setback of the adjacent buildings
on the same block if the average setback is less than the required yard.
4.22 Railway Setbacks
No person shall use any lot or erect, alter or use any building or structure within 30 m
from the right-of-way of a railway, unless supported by the applicable rail authority. See
Section 4.9 regarding relief provided for accessory buildings.
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4.23 Watercourse Setbacks
No person shall use any lot or erect, alter or use any building or structure within 30 m
from the centre of a watercourse or municipal drain.
4.24 Minimum Distance Separation - MDS I AND II
4.24.1 MDS I - New Non-Farm Uses
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no residential, institutional, commercial, industrial or recreational use, located on a
separate lot and permitted within a Zone, shall be erected or altered unless it
complies with the Province of Ontario's Minimum Distance Separation (MDS I)
Formulae, as may be amended.
Notwithstanding, the above provisions shall not apply to lots existing as of October
19, 1999 which are less than 40,000 m2 (4 ha).
4.24.2 MDS II - New or Expanding Livestock Facilities
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no livestock facility shall be erected or expanded unless it complies with the
Province of Ontario's Minimum Distance Separation (MDS II) Formulae, as may be
amended.
Notwithstanding the above, an existing manure storage system which does not
meet the MDS II requirements, may be replaced by a more compatible system
which results in a reduction in the separation distance required, provided the
livestock housing capacity is not increased.
Notwithstanding the above, new livestock facilities will not be permitted on lots less
than 8,000 m2 (2 acres) in size.
Notwithstanding Section 4.30, for the purposes of this provision if the lot is partially
within the Environmental Protection Zone that portion of the lot within the
Environmental Protection Zone will not be used in calculating the lot area.
4.25 Setbacks from Environmental Protection Zone
Notwithstanding any other provisions of this By-law, no building or structure (including
a private sewage treatment system) shall be constructed within 30 m from the limit of an
Environmental Protection Zone.
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Consolidation December 2022
Notwithstanding the above, the setback may be reduced to that permitted by the
applicable approval authority (Grand River Conservation Authority and/or the County of
Wellington) through more detailed mapping on individual sites. Where more detailed
mapping is available, minor adjustments may be made without an amendment to this By-
law, and the permitted land uses of the adjacent Zone will be applied as determined by
Council.
Notwithstanding the above, the setback may be reduced in the following circumstances:
1.
Where a building or structure existing on October 19, 1999 is located
within the required setback an addition and/or new accessory buildings
and structures shall be permitted provided that a setback of 3 m is
maintained.
2.
Where a vacant building lot existed on October 19, 1999, a building permit
may be issued for permitted buildings or structures, excluding new
agricultural buildings and structures provided that:
a.
there is no other suitable location on the lot outside of the 30 m
setback, and
b.
a setback of at least 3 m from the Environmental Protection Zone
boundary is maintained.
4.26 Number of Dwelling Units per Lot
With the exception of multiple-unit dwellings as defined in this By-law, and where
otherwise specified in this By-law, no more than one dwelling unit shall be erected on
any lot.
Notwithstanding the above, in the case where a detached dwelling exists on a lot, and a
new detached dwelling is proposed to be constructed on the same lot, with the intention
of demolishing or discontinuing the residential use of the existing detached dwelling once
construction on the new detached dwelling has completed, two detached dwellings may
exist temporarily on the same lot in conjunction with the appropriate building permit, and
subject to entering into a Development Agreement with the Corporation, in accordance
with the associated Corporate Policy.
4.27 Outdoor Display
In the Commercial and Industrial Zones, the outdoor display of goods, accessory to the
main use, for sale or hire shall be permitted in accordance with the following provisions:
1.
Shall not cover more than 40% of the lot area.
2.
Shall not be located within a required yard, including sight line triangles.
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Consolidation December 2022
3.
Shall not obstruct or occupy any required parking area.
4.
Area to be constructed of a stable surface and treated to prevent erosion
and the raising of dust and loose particles.
5.
Area to be graded and drained so as to prevent the pooling of surface water
or the flow of surface water onto adjacent lots.
4.28 Outdoor Storage
In the Highway Commercial and Rural Industrial Zones, the outdoor storage of goods,
materials, and equipment, accessory to the main use, shall be permitted in accordance
with the following provisions:
1.
Located to the rear of the front wall of the main building, but not in a
required side yard nor a required rear yard.
2.
Not cover more than 40% of the lot area.
3.
Shall be visually screened from the street and any abutting land Zoned or
used for residential or institutional purposes by a buffer strip in accordance
with Section 4.11.
4.29 Amenity Areas for Multiple-Unit Buildings
Notwithstanding anything else in this By-law, no person shall use or erect an apartment
building or cluster townhouse building unless an amenity area is provided on the
same lot as the main residential building or buildings. Any required areas shall:
1.
be located indoors, outdoors at grade, or outdoors as a rooftop garden.
2.
include some permanent features from each category in each outdoor
amenity area:
a.
Benches, tables, play structures, equipment, or structures for
human activity such as resting, eating or recreational uses.
b.
Trees, shrubs, gardens or similar landscaping features providing
relief to the built environment.
3.
include some of the following permanent features in each indoor amenity
area:
a.
Benches, tables, play structures, equipment, or structures for
human activity such as resting, eating or recreational uses.
4.
be accessible to all residents.
5.
not be located within 4.5 m of a wall, if located outdoors at grade.
6.
include a minimum of 5 m2 of amenity area per dwelling unit, and shall be
aggregated into areas of not less than 50 m2. No more than 25% of the total
amenity area may be an outdoor rooftop garden.
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7.
be designed and located so that the length does not exceed 4 times the
width.
4.30 Lots with More than One Zone
Where a lot is divided into two or more Zones, each separately Zoned portion of the lot
within the separate Zones shall be considered a separate lot for zoning purposes and
shall be used in accordance with the provisions which are applicable to each Zone.
Notwithstanding the above, when the lot is partially within the Environmental Protection
Zone that portion of the lot within the Environmental Protection Zone may be used in
calculating total lot area, lot frontage, setbacks and yards, provided that the lands
outside the Environmental Protection Zone meet the requirements of the Ontario Building
Code relative to private sanitary treatment and disposal facilities.
4.31 Surplus Farm Residence Severance
Where the County of Wellington has approved the severance of a surplus farm residence
property, Special Provision 21.193 shall apply.
4.32 On-Site Snow Storage
New Commercial, industrial, institutional, mixed use, and multi-unit residential uses shall
provide a location for on-site snow storage. The snow storage shall not be located in any
part of a required parking space.
[Amended by By-law 7-2022]