Haldimand County Comprehensive Zoning By-law HC 1-2020 (consolidated to April 2025)
Haldimand, Ontario
· adopted 2020-11-23
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TABLE OF CONTENTS
HALDIMAND COUNTY
COMPREHENSIVE ZONING BY-LAW HC 1-2020
COUNTY APPROVED: November 23rd, 2020
Haldimand County Zoning By-law HC 1-2020
Page 2
Haldimand County Zoning By-law HC 1-2020
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THE CORPORATION OF HALDIMAND COUNTY
By-law Number HC 1-2020
Being a by-law to establish zoning in all of Haldimand County
and to repeal Town of Dunnville By-law 1-DU 80, Town of
Haldimand By-law 1-H 86, and City of Nanticoke By-law NE 1-
2000
WHEREAS the Corporation of Haldimand County is authorized under the provisions of the
Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended or revised from time to time,
to pass by-laws to regulate the use of land and the character, location and use of buildings
and structures;
AND WHEREAS this by-law conforms to the Official Plan of Haldimand County,
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as
follows:
Haldimand County Zoning By-law HC 1-2020
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TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
PREAMBLE ............................................................................................................................................ 9
a.
Overview of Zoning By-laws ........................................................................................................... 9
b.
Authority to Prepare this By-law ..................................................................................................... 9
c.
Overview of the Haldimand County Zoning By-law ........................................................................ 9
d.
Structure of this By-law ................................................................................................................. 10
e.
How to Check Zoning and Identify Applicable Regulations for a Property ................................... 13
f.
Confirming with the County .......................................................................................................... 15
g.
Relationship to Other By-laws, Regulations, Legislation, etc. ...................................................... 15
h.
Technical Revisions to the Zoning By-law .................................................................................... 15
i.
Subsequent Zoning By-law Amendments .................................................................................... 16
j.
Minor Variances ............................................................................................................................ 16
1
INTERPRETATION AND ADMINISTRATION ............................................................................. 17
1.1
Title........................................................................................................................................... 17
1.2
Lands Affected ........................................................................................................................ 17
1.3
Repeal of Former By-laws ..................................................................................................... 17
1.4
Conformity with the By-law ................................................................................................... 17
1.4.1
Non-Conformity due to Government Purchase of Land ............................................. 17
1.4.2
Setbacks from Buildings and Uses in Adjacent Municipalities ................................. 17
1.4.3
Compliance with Other Legislation .............................................................................. 17
1.5
Interpretation ........................................................................................................................... 18
1.5.1
Interpretation of Provisions ........................................................................................... 18
1.5.2
Clarification and Convenience ...................................................................................... 18
1.5.3
Changes in Legislation .................................................................................................. 19
1.5.4
Site Plan Control ............................................................................................................. 19
1.6
Administration ........................................................................................................................ 19
1.6.1
Enforcement .................................................................................................................... 19
1.6.2
Inspection ........................................................................................................................ 19
1.6.3
Violations and Penalties ................................................................................................ 19
1.6.4
Validity ............................................................................................................................. 20
1.6.5
Transition Protocol ......................................................................................................... 20
2
ESTABLISHMENT OF ZONES .................................................................................................... 22
2.1
Establishment of Zones ......................................................................................................... 22
2.2
Zone Symbols ......................................................................................................................... 23
2.3
Interpretation of Zone Boundaries ........................................................................................ 23
2.3.1
Determination of Zone Boundary .................................................................................. 23
2.3.2
More Than One Zone on a Lot ....................................................................................... 24
2.4
Special Zone Provisions ........................................................................................................ 24
2.4.1
Zone Exceptions ............................................................................................................. 24
2.4.2
Establishment of Holding Provisions ........................................................................... 24
2.4.3
Natural Environment Areas ........................................................................................... 25
2.4.4
Natural Hazard Lands ..................................................................................................... 25
2.4.5
Natural Hazard Boundary............................................................................................... 25
3
DEFINITIONS ............................................................................................................................... 26
4
GENERAL PROVISIONS ............................................................................................................. 59
4.1
Accessory Retail Uses ........................................................................................................... 59
4.2
Accessory Uses, Buildings and Structures to Residential Uses ...................................... 59
4.3
Accessory Uses, Buildings and Structures to Non-Residential Uses .............................. 60
4.4
Auction Centre ........................................................................................................................ 60
4.5
Automobile Gas Stations and Gasoline Pump Islands ....................................................... 61
4.6
Backyard Hens ........................................................................................................................ 61
4.7
Bed and Breakfast Establishments ...................................................................................... 62
4.8
Campgrounds, Tent and Trailer Parks ................................................................................. 63
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4.9
Cannabis Production Facility ................................................................................................ 63
4.10
Cargo Containers used for Storage Purposes .................................................................... 65
4.11
Carports ................................................................................................................................... 65
4.12
Commercial Greenhouse ....................................................................................................... 66
4.13
Phased Condominiums .......................................................................................................... 66
4.14
Conversion of a Vacation Home Dwelling for Permanent Occupancy ............................. 67
4.15
Decks and Unenclosed Porches ........................................................................................... 67
4.16
Drive-Through Lanes and Stacking Spaces ........................................................................ 68
4.17
Established Building Line ...................................................................................................... 68
4.18
Exemptions from Height Provisions ..................................................................................... 69
4.19
Exemptions from Servicing Provisions................................................................................ 69
4.20
Exemptions from Yard Provisions ........................................................................................ 70
4.21
Film Production ...................................................................................................................... 70
4.22
Mobile Food Premises ........................................................................................................... 71
4.23
Frontage on an Improved Street ........................................................................................... 71
4.24
Garden Suites ......................................................................................................................... 72
4.25
Ground Floor Elevation .......................................................................................................... 73
4.26
Group home Dwellings .......................................................................................................... 73
4.27
Home-Based Business ........................................................................................................... 73
4.27.1
Home-Based Business, Home Office ........................................................................... 73
4.27.2
Home-Based Business, Home Occupation .................................................................. 74
4.27.3
Home-Based Business, Home Industry ....................................................................... 74
4.28
Household Sales ..................................................................................................................... 75
4.29
Intake Protection Zones ......................................................................................................... 75
4.30
Landscaped Open Space ....................................................................................................... 75
4.31
Landscaped Strip .................................................................................................................... 76
4.32
Livestock in Residential Areas .............................................................................................. 76
4.33
Location of an Animal Kennel ............................................................................................... 76
4.34
Location of a Dwelling............................................................................................................ 77
4.35
Location of a Habitable Room ............................................................................................... 77
4.36
Lots Abutting a "One foot reserve" ...................................................................................... 77
4.37
Minimum Distance Separation Requirements ..................................................................... 78
4.38
Minimum Services .................................................................................................................. 78
4.39
Model Homes and Temporary Sales Offices ....................................................................... 79
4.40
Natural Environment Areas and Natural Hazard Lands...................................................... 80
4.40.1
Natural Environment Areas Overlay ............................................................................. 80
4.40.2
Natural Hazard Lands Overlay ...................................................................................... 81
4.40.3
Other Natural Hazard Lands Overlay ............................................................................ 82
4.41
Non-Conformity with this By-law .......................................................................................... 83
4.41.1
Repair, Renovation and Replacement of Buildings and Structures whose Use is
Legally Non-conforming ................................................................................................................ 83
4.41.2
Extensions or Enlargements to Buildings and Structures whose Use is Legally
Non-conforming .............................................................................................................................. 83
4.41.3
Compliance Tolerance ................................................................................................... 83
4.41.4
Repair, Renovation, Replacement and Extension to Buildings Conforming in Use
but not to Other Provisions ........................................................................................................... 84
4.41.5
Discontinued Non-Conforming Use .............................................................................. 84
4.41.6
Existing Lots ................................................................................................................... 84
4.41.7
Change of Use ................................................................................................................. 84
4.41.8
Reduction in Lot Area .................................................................................................... 84
4.42
Number of Dwellings Per Lot ................................................................................................ 85
4.43
Obnoxious Uses ..................................................................................................................... 85
4.44
On-Farm Diversified Agriculture Uses ................................................................................. 85
4.45
Outdoor Patios ........................................................................................................................ 87
4.46
Outdoor Donation Bins and Vending Machines .................................................................. 87
4.47
Outdoor Storage ..................................................................................................................... 88
4.48
Outside Display and Sale of Goods, Materials and Merchandise ..................................... 88
4.49
Public Emergency Service Facilities .................................................................................... 89
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4.50
Public Uses ............................................................................................................................. 89
4.51
Public Utility Installations ...................................................................................................... 90
4.52
Railways and Setback from Railways................................................................................... 90
4.53
Rooftop Mechanical Equipment and Mechanical Penthouses .......................................... 90
4.54
Setback from Municipal Drains ............................................................................................. 91
4.55
Additional Dwelling Units ...................................................................................................... 91
4.56
Sight (or Daylight) Triangles ................................................................................................. 93
4.57
Site Lighting ............................................................................................................................ 93
4.58
Special Policy Areas - Grand River Dunnville .................................................................... 94
4.59
Surplus Farm Dwelling Severance Properties ..................................................................... 94
4.60
Swimming Pools and Hot Tubs ............................................................................................. 95
4.61
Temporary Dwelling ............................................................................................................... 95
4.62
Uses Permitted in all Zones ................................................................................................... 95
4.63
Uses Prohibited in All Zones ................................................................................................. 97
5
PARKING & LOADING REQUIREMENTS .................................................................................. 98
5.1
Minimum Number of Required Parking Spaces .................................................................. 98
5.1.1
Visitor Parking .............................................................................................................. 102
5.1.2
Shared Parking Requirements for Mixed Use Developments .................................. 102
5.1.3
Calculation of Required Parking Spaces ................................................................... 103
5.2
Parking Area Regulations .................................................................................................... 104
5.2.1
Access to a Street ......................................................................................................... 104
5.2.2
Prepared Surface .......................................................................................................... 104
5.2.3
Parking Space Dimensions ......................................................................................... 104
5.2.4
Parking Aisle Requirements ........................................................................................ 104
5.2.5
Shared Driveways and Aisles ...................................................................................... 105
5.2.6
Parking Lot and Garage Requirements ...................................................................... 105
5.2.7
Garages Accessed by a Rear Lane ............................................................................. 105
5.2.8
Residential Parking Driveway Requirements ............................................................ 105
5.2.9
Projection of an Attached Garage ............................................................................... 106
5.2.10
Commercial Parking Driveway Requirements ........................................................... 106
5.2.11
Snow Storage Requirements ....................................................................................... 106
5.2.12
Location of Parking on a Lot ....................................................................................... 106
5.2.13
Use of Parking Areas .................................................................................................... 107
5.2.14
Parking of Vehicles in Residential Zones .................................................................. 107
5.3
Downtown Parking Credit .................................................................................................... 108
5.4
Parking Credit ....................................................................................................................... 108
5.4.1
Change of Use in a Commercial Zone ........................................................................ 108
5.5
Accessible Parking Spaces ................................................................................................. 109
5.5.1
Minimum Number of Required Accessible Parking Spaces .................................... 109
5.5.2
Calculation of Accessible Parking Spaces ................................................................ 109
5.5.3
Accessible Parking Space Dimensions and Requirements ..................................... 110
5.6
Requirements for Loading Spaces ..................................................................................... 111
5.6.1
Minimum Number of Required Loading Spaces ....................................................... 111
5.6.2
Calculation of Required Loading Spaces ................................................................... 112
5.6.3
Loading Space Dimensions and Requirements ........................................................ 112
5.7
Bicycle Parking Requirements ............................................................................................ 113
5.7.1
Minimum Number of Required Bicycle Parking Spaces ........................................... 113
5.7.2
Calculation of Bicycle Parking Space ........................................................................ 113
5.7.3
Bicycle Parking Space Dimensions and Requirements ........................................... 114
6
RESIDENTIAL ZONES .............................................................................................................. 115
6.1
List of Applicable Zones ...................................................................................................... 115
6.2
Permitted Uses ...................................................................................................................... 115
6.3
Zone Provisions .................................................................................................................... 117
6.4
Special Exceptions ............................................................................................................... 122
6.4.1
R1-A,B,C - Urban Residential Type 1 ............................................................................ 122
6.4.2
R2 - Urban Residential Type 2 ...................................................................................... 125
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6.4.3
R3 - Urban Residential Type 3 ...................................................................................... 127
6.4.4
R4 - Urban Residential Type 4 ...................................................................................... 127
6.4.5
R5 - Urban Residential Type 5 ...................................................................................... 133
6.4.6
R6 - Urban Residential Type 6 ...................................................................................... 135
6.4.7
RH - Hamlet Residential ................................................................................................ 135
6.4.8
RL - Lakeshore Residential ........................................................................................... 136
7
COMMERCIAL AND MIXED USE ZONES ................................................................................ 139
7.1
List of Applicable Zones ...................................................................................................... 139
7.2
Permitted Uses ...................................................................................................................... 139
7.3
Zone Provisions .................................................................................................................... 143
7.4
Special Exceptions ............................................................................................................... 145
7.4.1
CD - Downtown Commercial ....................................................................................... 145
7.4.2
CG - General Commercial ........................................................................................... 146
7.4.3
CS - Service Commercial ............................................................................................ 149
7.4.4
CN - Neighbourhood Commercial .............................................................................. 149
7.4.5
CH - Hamlet Commercial ............................................................................................. 149
7.4.6
CR - Rural Commercial ................................................................................................ 149
7.4.7
CM - Marine Commercial ............................................................................................. 150
8
INDUSTRIAL ZONES................................................................................................................. 151
8.1
List of Applicable Zones ...................................................................................................... 151
8.2
Permitted Uses ...................................................................................................................... 151
8.3
Zone Provisions .................................................................................................................... 153
8.4
Special Exceptions ............................................................................................................... 156
8.4.1
MM - Marine Industrial ................................................................................................... 156
8.4.2
MH - Heavy Industrial .................................................................................................... 156
8.4.3
MG - General Industrial.................................................................................................. 156
8.4.4
ML - Light Industrial ....................................................................................................... 156
8.4.5
MR - Rural Industrial ...................................................................................................... 156
8.4.6
MD - Disposal Industrial ................................................................................................. 157
8.4.7
MX - Extractive Industrial ............................................................................................... 157
9
INSTITUTIONAL ZONES ........................................................................................................... 158
9.1
List of Applicable Zones ...................................................................................................... 158
9.2
Permitted Uses ...................................................................................................................... 158
9.3
Zone Provisions .................................................................................................................... 159
9.4 Special Exceptions ..................................................................................................................... 161
9.4.1
IC - Community Institutional ........................................................................................... 161
9.4.2
IN - Neighbourhood Institutional .................................................................................... 161
9.4.3
IR - Rural Institutional .................................................................................................... 161
10
OPEN SPACE AND WETLAND ZONES ............................................................................... 162
10.1
List of Applicable Zones ...................................................................................................... 162
10.2
Permitted Uses ...................................................................................................................... 162
10.3
Zone Provisions .................................................................................................................... 163
10.4 Special Exceptions ................................................................................................................... 164
10.4.1
OS - Open Space ........................................................................................................... 164
10.4.2
W - Wetland ................................................................................................................... 164
11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES ...................................................... 165
11.1
List of Applicable Zones ...................................................................................................... 165
11.2
Permitted Uses ...................................................................................................................... 165
11.3
Zone Provisions .................................................................................................................... 166
11.4 Special Exceptions ................................................................................................................... 167
11.4.1
A - Agriculture ................................................................................................................ 167
11.4.2 D - Development ................................................................................................................. 170
12
ZONE EXCEPTIONS FROM FORMER BY-LAWS ............................................................... 172
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12.1
Dunnville ................................................................................................................................. 172
12.2
Haldimand ............................................................................................................................... 271
12.3
Nanticoke ................................................................................................................................ 407
13
ENACTMENT OF BY-LAW .................................................................................................... 424
13.1
Effective Date ......................................................................................................................... 424
SCHEDULES
SCHEDULE A
ZONING MAPS
SCHEDULE B
INTAKE PROTECTION ZONES
SCHEDULE C
SPECIAL POLICY AREAS - DUNNVILLE
Haldimand County Zoning By-law HC 1-2020
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PREAMBLE
HOW TO READ THIS BY-LAW
Preamble
The preamble is intended to assist the reader in understanding and interpreting the Zoning By-
law for Haldimand County. The preamble does not form part of the Zoning By-law.
a. Overview of Zoning By-laws
A Zoning By-law is a detailed municipal by-law that regulates the types of land uses and
activities that may occur on a property or within buildings; and the height, location, massing and
character of buildings and structures.
The specific matters that may be regulated by a Zoning By-law are outlined in Section 34 of the
Ontario Planning Act, R.S.O., 1990, c.P.13, as amended. Zoning By-laws are used by
municipalities in Ontario to manage land use compatibility and manage the character and
appearance of neighbourhoods and communities. Zoning By-laws are also prepared to
implement the policies of a municipality's Official Plan, which establishes goals and policies
respecting the types of permitted land uses and desired built form within different geographic
areas of the municipality. The Zoning By-law is used to translate these policies into more
specific permitted land uses, and requirements for lot and buildings by establishing zone
categories and regulations which apply to all lands in the municipality.
A Zoning By-law is primarily implemented through the Building Permit application process.
Where a property owner or occupant wishes to construct something on their property, and
applies for a Building Permit, the proposal must conform to the provisions of the Zoning By-law.
If the proposal does not conform to the Zoning By-law, the applicant can:
a) apply for a minor variance to seek relief from the provisions of the Zoning By-law;
b) apply for a rezoning (Zoning By-law Amendment) to change their zone or seek major
relief from the provisions of the Zoning By-law; or
c) the applicant can rework their proposal so that it complies with the Zoning By-law.
b. Authority to Prepare this By-law
The Zoning By-law is prepared in accordance with Section 34 of the Planning Act, R.S.O., 1990,
c.P.13, as amended. Generally speaking, the Planning Act allows the Council of Haldimand
County to pass zoning by-laws to restrict the use of land, and to regulate the size, location and
character of buildings and structures within the County.
c. Overview of the Haldimand County Zoning By-law
This Zoning By-law regulates the use of land and buildings and the massing, location, height
and character of buildings and structures for all lands within Haldimand County. All properties in
the County as shown on Schedule A are subject to the provisions of this Zoning Bylaw. This
By-law replaces the Town of Dunnville By-law 1-DU 80, the Town of Haldimand By-law 1-H 86,
and the City of Nanticoke (East Portion) NE 1-2000, with all amendments thereto being carried
forward.
Haldimand County Zoning By-law HC 1-2020
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HOW TO READ THIS BY-LAW
d. Structure of this By-law
The Haldimand County Zoning By-law consists of the following sections:
Section 1 - Interpretation and Administration
Section 1 describes how the Zoning By-law is to be interpreted, and how the By-law is
to be administered by the County. All buildings and structures and land uses within
the County are required to conform to the provisions of this By-law. Section 1 also
contains important details regarding how development applications in process are to
be administered.
Section 2 - Establishment of Zones
Section 2 of the Zoning By-law establishes the zone categories and zone symbols
which are applied to all lands within the County as shown on Schedule A to this By-
law. This section also describes how zone boundaries are to be interpreted and
identifies special zone provisions, such as zone exceptions, or holding provisions,
which may apply to specific properties.
Certain lands may be subject to holding provisions, which are denoted by the symbols
"-H", as a suffix to the zone. Where a holding symbol is shown, the provisions of
Section 2.4.2 (Establishment of Holding Provisions) apply. Where a holding symbol is
applied to lands, the lands may not be used or developed according to the
requirements in the underlying zone until such time as the holding symbol is removed.
Lands subject to a holding symbol are typically only permitted to be used for those
uses which legally existed prior to the addition of the holding symbol. The by-law
which was passed to add the holding symbol may contain special conditions for
removing the holding symbol, such as the provision of municipal wastewater servicing
for the land. County Council must pass a by-law to remove the holding symbol once
they are satisfied that the conditions for removing the holding symbol have been met.
A zone exception, as discussed below, often establishes the criteria that must be
satisfied prior to the removal of the "-H" symbol.
Section 3 - Definitions
Section 3 provides definitions for commonly used terms in the By-law. The permitted
uses, and other technical terms used in the Zoning By-law are defined to ensure the
Zoning By-law is being interpreted and applied consistently. For the convenience of
the reader, if a term is italicized in the text of the Zoning By-law, then the term is
defined in Section 3.
Section 4 - General Provisions
Section 4 of the Zoning By-law provides general provisions which may be applicable
to all zones, one or more categories of zones, or to specific uses, depending on the
proposed use of the lot or the context of the lot. These provisions include detailed
requirements for accessory buildings, bed and breakfast establishments, decks and
unenclosed porches, home-based businesses, additional dwelling units, on-farm
diversified agriculture uses and many more subjects that may be applicable to a
permitted use or the lot, depending on the context.
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PREAMBLE
HOW TO READ THIS BY-LAW
Section 5 - Parking and Loading Requirements
Section 5 identifies the minimum number of parking spaces that a use must provide
on-site to accommodate vehicles. Some uses are also required to have loading
spaces to accommodate the use. In this By-law, some uses are also required to
provide and maintain a certain number of accessible parking spaces and bicycle
parking spaces. This section also provides requirements for the size of parking
spaces, drive aisles, and parking lots.
Sections 6-11 - Zone Categories (Permitted Uses and Zone Provisions)
Sections 6 through 11 outlines the zone categories which establish the permitted uses
within each zone, as well as the general zone provisions which identify the lot and
building requirements, including minimum lot area and lot frontage requirements,
building setbacks from lot lines, and maximum building heights. In certain instances,
a zone category may contain multiple zone variations which apply different zone
provisions to a base zone. For example, R1(A), R1(B) and R1(C), while they all
permit the same uses in the R1 zone, the zone provisions within the zone variations
may vary in terms of minimum lot size and required setbacks.
The zones are organized into similar permitted use categories, in the following
sections:
Section 6 - Residential Zones
Section 7 - Commercial and Mixed Use Zones
Section 8 - Industrial Zones
Section 9 - Institutional Zones
`
Section 10 - Open Space, Wetland and Hazard Overlay Zones
Section 11 - Agricultural and Future Development Zones
Where zones note a range of permitted uses, with descriptors "such as" and
"including", such permitted uses are not considered to be exhaustive and uses that
are similar to those uses may be permitted.
Section 12 - Zone Exceptions
Most lands in the County are zoned by a base zone, which are represented by
symbols such as R1, R2, R3, etc. However, some lands are also zoned by a site-
specific exception zone, which is denoted as a base zone symbol followed by a
hyphenated numeric suffix in square brackets. For example, R1(A)-[1] is exception
number 1 to the Urban Residential Type 1 (R1(A)) zone. The zone exceptions
provide special provisions related to that specific property or properties, and may
establish specific requirements related to that zone exception, such as:
a) allowing a use that would not be permitted otherwise;
b) prohibiting a use that would be permitted otherwise; or
c) incorporating other modifications to the zoning by-law as are set out in the
zone provisions table for that exception, while retaining the un-modified
provisions of the primary zone or subzone, as the case may be.
Furthermore, the zone exception may establish the requirements for removal of the "-
H" symbol.
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HOW TO READ THIS BY-LAW
Zone exceptions that were granted through amendments to the previous Town of
Dunnville By-law 1-DU 80, the Town of Haldimand By-law 1-H 86, and the City of
Nanticoke (East Portion) NE 1-2000 are carried forward in this Zoning By-law in the
same structure as they were assigned and are listed in Section 12 The zone
exceptions are also identified on the Maps of Schedule A in the historical structure.
Section 13.0- Enactment of By-law
Section 13.0 includes the particulars for the enactment of the Zoning By-law, including
the effective date of the Zoning By-law.
Schedule A Maps
Schedule A to the Zoning By-law is comprised of a series of Maps which identify the
zone categories for all lands in the County. In addition, the maps also identify areas
which are subject to specific provisions which may include zone exceptions and
holding provisions. The mapping is subject to change and may be amended from
time to time to reflect amendments to the Zoning By-law as well as mapping changes
due to technical adjustments.
Natural Environment Areas Overlay
Schedule A also identifies as an overlay, natural heritage features that are
considered to have environmental importance at the Provincial and/or County
level as identified in the County Official Plan. Since the delineation of these
natural environmental areas may not be up to date or may change over time in all
areas it is shown as an overlay on the Schedule. This overlay is primarily
intended for information purposes only, as the limits and significance of the
natural environment area may not be clearly defined at this time. As such, the
development of the lands, in accordance with the underlying zone category, may
require the preparation of an Environmental Impact Study (EIS), in accordance
with the County Official Plan, to identify the limits of the feature to be protected or
appropriate mitigation measures. Section 4.40 (Natural Environment Areas and
Hazard Lands) in the general provisions provides additional information about the
meaning of this overlay.
Natural Hazard Lands Overlay
Natural Hazard areas are illustrated as an overlay on Schedule A. These Natural
Hazard areas include lands within the jurisdiction of the relevant Conservation
Authority, and may relate to lands associated with flooding, erosion or other
natural hazards. Development within the Natural Hazard and associated
adjacent lands may require approval from the relevant Conservation Authority
before a building permit can be issued. This overlay is intended for information
purposes only, as the Natural Hazard Lands of the Conservation Authority may
change from time to time. The reader should consult with the County and the
relevant Conservation Authority to confirm whether approval will be required from
the Conservation Authority prior to any development or site alteration. Section
4.40 (Natural Environment Areas and Natural Hazard Lands) in the general
provisions provides additional information about the meaning of this overlay.
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PREAMBLE
HOW TO READ THIS BY-LAW
Schedule B - Intake Protection Zones
Schedule B identifies intake protection zones which include vulnerable areas in which
a significant drinking water threat could occur, in accordance with the Clean Water
Act. The general provisions of Section 4.29 (Intake Protection Zones) identify uses
and activities which may be prohibited within the defined intake protection zones. The
intent of these provisions is to protect the quality of water resources by prohibiting
certain uses which may cause adverse impacts on water, such as the storage and
handling of hazardous wastes.
All provisions of the By-law are intended to be read in conjunction with one another. It is always
important, when reading a Zoning By-law, to identify all provisions throughout the document
which may apply to a particular property or use.
e. How to Check Zoning and Identify Applicable Regulations for a Property
Zoning By-law users are a diverse audience. Some readers will want to examine how the
Zoning By-law addresses a certain issue or regulates a certain use (e.g., how does the Zoning
By-law regulate home occupations? In which Zones are apartment buildings permitted?) Other
users are responsible for administering the By-law and must understand it in great detail.
The Zoning By-law is required to implement the County's Official Plan, and the reader should
also refer to the Official Plan to determine the existing land use designation and any relevant
policies which may be applicable to a specific property or development proposal. Readers are
encouraged to consult with the County, to assist in confirming and interpreting the Zoning By-
law.
Most readers, however, will use a Zoning By-law in order to determine what they are permitted
to do on their property. The following is an outline of the steps one may typically take to
determine what types of regulations apply to their property:
1.
Locate the property on the applicable Schedule A Map and identify the zone symbol
that applies to the property (e.g., R1(A)). In addition to the applicable zone symbol, the
following property specific regulations may also apply, as denoted by a mapping overlay
or a zone suffix:
1.1 Natural Hazard Lands Overlay : If the property is located in Natural Hazard
Lands, as shown as an overlay on Schedule A, the reader will need to refer to
Section 4.40 (Natural Environment Areas and Natural Hazard Lands), which
identifies associated regulations and permit requirements from the Conservation
Authority which may be required to permit development on the property.
1.2 Natural Environment Areas: If the property is located in the Natural
Environment Areas, as shown as an overlay on Schedule A, the reader will need
to refer to Section 4.40 (Natural Environment Areas and Natural Hazard Lands),
which identifies associated regulations to require further natural heritage
investigations (e.g., an EIS) which may be required to permit development on the
property. The reader should also consult the County Official Plan to determine
the type of natural environment area and associated policies for its protection or
conservation.
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1.3 Zone Exception: If the zoning symbol includes a zone exception (i.e., R1(A)-1),
refer to the applicable zone exception provisions contained in Section 12.0. In
most cases, the Exception Zone may only provide alternative regulations for one
or more provisions, and at least some of the zone regulations in the base zone in
Sections 6-11, and the general provisions in Section 4 will still apply.
1.4 Holding Symbol: If a holding symbol (H) follows the zone symbol (i.e., R1(A)-1-
H), refer to Section 2.4.2 regarding the establishment of the holding symbol, as
well as the site specific exception to determine what uses may be permitted prior
to the removal of the holding symbol and the criteria for the removal of the
holding symbol. The reader should consult with the County to confirm the
permitted uses and the requirements for removing the holding symbol.
1.5 Intake Protection Zone: If the property is located within an Intake Protection
Zone as shown on Schedule B, the reader will need to refer to the general
provisions in Section 4.29 (Intake Protection Zones), which identifies certain uses
and activities which may be prohibited within the area in order to protect the
quality of water resources.
2.
Identify the permitted uses and zone provisions for the zone category: Every zone
category includes a table of permitted uses and zone provisions in Section 6 through 11
of the By-law. For Residential Zones (R1, R2, R3, etc.) you will find the list of permitted
uses in Section 6.2 (Permitted Uses) of the By-law, and the zone provisions in Section
6.3, which may be further divided into zone variations (i.e., R1(A), R1(B), R1(C)) which
provide alternative zone provisions. The permitted uses for each zone are organized in
a table. The uses permitted on your property are represented by the symbol "-" in the
column applicable to that zone and corresponding with the row for a specific permitted
use. For each zone, the zone provisions establish the lot and building requirements
applicable to that zone, including the required minimum lot area, minimum lot frontage,
minimum and/or maximum yard setbacks, building heights, and other lot and building
requirements, which the use of the lot must comply with. Where the letter "E" is identified
following the symbol "-", only legally existing uses are permitted. Where the letter "A" is
identified following the symbol "-", the use is only permitted as an accessory use to
another permitted use. Where a permitted use is subject to use specific general
provisions, a notation has been added to the permitted use and reference should be
made to the General Provisions in Section 4.
It is important to read the definitions in Section 3 associated with the terminology used in
the By-law. All of the uses permitted in this By-law are associated with a definition. Many
technical terms are also defined, such as lot frontage, lot coverage, and front yard
setback, for example. Where a term is defined, you will see it appear in italics in this text
for convenience.
3.
Identify Other Provisions that May Apply: The types of uses and lot and building
requirements are principally regulated by the zone provisions. However, the general
provisions in Section 4 may also contain provisions that apply to certain permitted uses.
For example, there are provisions that are specifically applicable to swimming pools, bed
and breakfast establishments, accessory buildings, home-based businesses, and many
other uses. Furthermore, Section 5 contains provisions that apply to the minimum
number of required parking spaces, loading areas, drive aisle and parking lot
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requirements, and accessible parking space and bicycle parking requirements, which
may apply depending on the type of use.
4.
Consider the Administrative Provisions of the Zoning By-law: Section 1 of the
Zoning By-law contains some provisions that can help you understand how to read and
use the By-law, including compliance with other applicable legislation, and uses that may
be subject to Site Plan Control. A reader should be familiar with these provisions as they
may be important depending on your circumstance.
f. Confirming with the County
It is always a good idea to consult with the County about your construction project, as County
staff will help you determine whether your project will comply with the applicable provisions of
the Zoning By-law.
Additionally, there may be approved minor variances which are applicable to the property which
may provide relief from certain zone regulations, permitted uses or general provisions. Minor
variances previously granted are not reflected in the Zoning By-law and are not indicated in the
Zone Exceptions. County staff can assist in identifying any approved minor variances that may
relate to a property.
g. Relationship to Other By-laws, Regulations, Legislation, etc.
The Zoning By-law does not supersede or trump any other legislation, regulations or municipal
by-laws. In fact, depending on your proposal or the use of your property, other laws may apply.
It is the property owner's responsibility to understand what laws will apply to their land use or
their construction project.
The municipality administers other by-laws that are related to this Zoning By-law. For example
the County administers a property standards by-law for the maintenance of buildings, fill by-law
for regulating the removal and placement of fill, and a sign by-law to regulate the erection of
signs. These by-laws essentially 'build' on the Zoning By-law's requirements, and should be
considered in addition to" the Zoning By-law's requirements.
The laws and regulations of the Province, the Federal Government and other agencies may also
apply. Some uses may be subject to Provincial/Federal licensing or regulation. It is not the role
of the Zoning By-law to integrate with the regulations or laws of other governments. The County
can help you identify what other laws and regulations might apply to your construction project.
h. Technical Revisions to the Zoning By-law
Revisions may be made to this Zoning By-law without the need for a zoning by-law amendment
for technical reasons, including:
1.
correction of numbering, cross-referencing, grammar, punctuation or typographical errors
or revisions to format in a manner that does not change the intent of the By-law;
2.
adding or revising technical information on maps or schedules that does not affect the
zoning of lands including, but not limited to, matters such as updating and correcting
infrastructure information, keys, legends or title blocks; and
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3.
changes to appendices, footnotes, headings, indices, marginal notes, tables of contents,
illustrations, historical or reference information, page numbering, footers and headers,
which do not form a part of this by-law and are editorially inserted for convenience or
reference only.
i.
Subsequent Zoning By-law Amendments
The Zoning By-law may be consolidated from time to time to include subsequent amendments
to the Zoning By-law. However, there may have been amendments to the Zoning By-law (both
text and mapping) or removals or additions of holding symbols which are not consolidated in the
current office consolidation of the Zoning By-law. In all cases, the reader should contact the
zoning administrator to confirm the most current zoning of a property and applicable regulations.
Additionally, the maps contained in Schedule A may not reflect the latest zoning, or any recent
changes to the parcel fabric, which may not have been updated in the most recent Zoning By-
law consolidation.
j. Minor Variances
The Committee of Adjustment has the authority to approve minor variances to the Zoning By-
law, which may provide minor relief from specific zoning provisions or minor changes to the
permitted uses of one or more properties. Minor variances previously granted are not reflected
in the Zoning By-law and are not indicated in the Zone Exceptions. The reader should contact
the County to identify whether there are any approved minor variances applicable to a property.
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SECTION 1
INTERPRETATION & ADMINISTRATION
1
Interpretation and Administration
1.1
Title
This by-Law shall be known and may be cited as the "Haldimand County Zoning By-law", or
"Zoning By-law".
1.2
Lands Affected
The provisions of this Zoning By-law shall apply to all lands within the corporate limits of
Haldimand County.
1.3
Repeal of Former By-laws
The following by-laws, and all amendments thereto, are hereby repealed except to
give effect to the transitional provisions in Section 1.6.5 of this by-law or to give effect
to the Exceptions in Section 12 of this by-law:
a) Town of Dunnville By-law 1-DU 80;
b) Town of Haldimand By-law 1-H 86; and
c) City of Nanticoke (East Portion) By-law NE 1-2000.
1.4
Conformity with the By-law
a) No building or structure or area of a lot shall be used, erected or altered in whole or in
part except in conformity with the provisions of this by-law.
b) No building, structure or area of a lot shall be used or occupied except for uses that
are specifically identified in this by-law as permitted uses by the relevant zoning
category.
1.4.1 Non-Conformity due to Government Purchase of Land
Notwithstanding anything to the contrary contained herein, where the County, the Province of
Ontario, the government of Canada, or any board or commission of the foregoing acquires a
portion of a lot, any reduction to the lot area, lot frontage or yard created by the acquisition,
which results in the remaining parcel being non-conforming, shall be deemed to conform to
the provisions of this by-law. Where an existing non-conforming parcel of land is made further
non-conforming by the acquisition, the parcel shall be deemed to be non-conforming, only to
the extent of the non-conformity which existed prior to the acquisition.
1.4.2 Setbacks from Buildings and Uses in Adjacent Municipalities
Where any setback or separation distance is required, by this by-law, to separate certain
buildings, structures or uses from one another, such setbacks or separation distances shall
also be required from similar buildings, structures or uses located in adjacent municipalities.
1.4.3 Compliance with Other Legislation
a) Nothing in this by-law shall serve to relieve any person from any obligation to comply
with the requirements of any other by-law or legislation of the County, Province of
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Ontario, or Government of Canada that may otherwise affect the use of land, buildings,
and structures.
b) Without limiting the generality of subsection (a) above, this includes the Building Code
and the permitting procedures of the applicable Conservation Authorities.
1.5
Interpretation
1.5.1 Interpretation of Provisions
In the interpretation and application of the provisions of this by-law, the provisions shall be
held to be the minimum requirements for the promotion of the public health, safety, comfort,
convenience, amenity and general welfare.
1.5.2 Clarification and Convenience
a) This by-law is written in plain language.
b) Where a situation arises that is not covered by a specific regulation, or where two or
more regulations are equally applicable, all provisions must be complied with or, where
it is not possible to comply with all the provisions applicable, the most restrictive
provisions must be complied with.
c) Tables are part of the by-law and are used throughout to present regulations in a
concise format, and are structured with columns (vertical) and rows (horizontal) that
are each titled for reference purposes.
d) Examples, side notes, and illustrations are for the purpose of explanation, clarification,
and convenience, and do not form part of this by-law.
e) Any geographic, biographic, referential, or identifying information and any list of
amending by-laws contained in this by-law is provided for the purpose of clarification
and convenience and does not form part of this by-law.
f) The following character styles are provided for the purpose of convenience. Their
usage or omission shall not be considered an interpretive statement by the County:
i) Terms that are defined in Section 3.0 (Definitions) of this By-law have been
italicized.
ii) Titles of Federal or Provincial legislation have been italicized.
g) Any reference to Federal or Provincial Act or Regulation shall include any amendments
or revisions made thereto or any subsequent Act or Regulation enacted in its place.
h) Where a defined term listed in Section 3.0 (Definitions) of this by-law is reversed
anywhere in this by-law, it is done for the ease and convenience of locating the term
with other like terms. Such a reversal or lack thereof shall not be considered an
interpretive statement by the County.
i) Where another by-law number is cited in this by-law, that reference shall be interpreted
to include reference to any and all applicable amendments to that by-law.
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1.5.3 Changes in Legislation
Where the provisions of this By-Law refer to specific legislation, such provisions shall be
deemed to also refer to any legislation which is a successor thereto.
1.5.4 Site Plan Control
Pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended, the following
zones are declared as site plan control areas and are subject to the provisions of Section 41
of the Planning Act: R3, R4, R5, R6,CD, CG, CN, CH, CM, CS, CR, MG, MH, ML, MM, MR,
MD, MX, IC, IN, IR, OS.
Notwithstanding any other provisions in this Section, a single detached dwelling; semi-
detached dwelling; duplex dwelling; sand and gravel pit; and stone quarry are exempt from
site plan control and the provisions of Section 41 of the Planning Act, except those permitted
within Natural Hazard Lands or within or adjacent to Natural Environment Areas, on private
roads or where contained within a condominium development.
Site Plan Control will also apply to Public utility services, including transformer or similar utility
service building or structure located within the A Zone.
All development located within the zone categories described in Section 2.0 shall be subject
to and built in accordance with a development agreement, if required, pursuant to Section 41
of the Planning Act.
1.6
Administration
1.6.1 Enforcement
The provisions of this by-law shall be enforced by Haldimand County.
1.6.2 Inspection
A building inspector or any Municipal Law Enforcement officer or employee of the County,
who has been assigned the responsibility of enforcing this by-law by the Council of Haldimand
County, is hereby authorized to enter and inspect, at all reasonable times and upon producing
proper identification, any property or premises which he or she believes is in contravention of
this by-law. Such inspector, officer or employee shall not enter any room or building actually
used as a dwelling without requesting and obtaining the consent of the occupier and without
first informing the occupier that they may refuse the right of entry in which case entry can be
made only under the authority of a search warrant.
1.6.3 Violations and Penalties
a) Every person, company, corporation or entity who uses land, or erects or uses any
building or structure in a manner contrary to any requirement of this by-law, or who
causes or permits such use or erection, or who violates any provision of this by-law or
causes or permits a violation, shall be guilty of an offence and upon conviction
therefore shall forfeit and pay a penalty within the limits permitted by the Planning Act,
for each such offence, and every such penalty shall be recoverable under the
Municipal Act and the Provincial Offences Act.
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b) Where a conviction referred to in subsection (a) has been entered, in addition to the
penalty, the Court may also make an order prohibiting the continuation or repetition of
the offence by the person, company, corporation or entity convicted.
1.6.4 Validity
If any section, clause or provision of this by-law, or anything contained in any Schedule of this
by-law, is for any reason declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the by-law as a whole or any part thereof, other than the section,
clause or provision so declared to be invalid. It is hereby declared that all the remaining
sections, clauses or provisions of this by-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions of this by-law shall have been declared to be
invalid.
1.6.5 Transition Protocol
Notwithstanding Section 1.3 (Repeal of Former By-laws) and 1.4 (Conformity with this By-law)
of this by-law, a building permit may be issued for the following scenarios in accordance with
Section 1.6.5 of the by-law.
a) Building Permit Applications
i) The provisions of this by-law shall not apply to prevent the erection or use of any building
or structure, for a purpose prohibited by this by-law, the plans for which have been
submitted no more than thirty days prior to the date of the passing of this by-law, and
approved for zoning requirements by the Chief Building Official, so long as the building or
structure is used and is completed in conformity with such plans and is used and continues
to be used for the purpose upon which the approval of the Chief Building Official was
based, and provided the erection of such building or structure is commenced within 6
months after the date of the passing of this by-law and is completed expeditiously
thereafter.
b) Minor Variance and Consent Applications
i) The requirements of this by-law do not apply on a lot where a minor variance to the former
Town of Dunnville By-law 1-DU 80, Town of Haldimand By-law 1-H 86, and City of
Nanticoke (East Portion) By-law NE 1-2000, and all amendments thereto, was authorized
by the Committee of Adjustment of the County or the Local Planning Appeal Tribunal on
or before the effective date of passing of this by-law and a building permit for the applicable
project has not yet been issued.
ii) Where the Committee of Adjustment of the County or the Local Planning Appeal Tribunal
has authorized a minor variance from the provisions of the former Town of Dunnville By-
law 1-DU 80, Town of Haldimand By-law 1-H 86, and City of Nanticoke (East Portion) By-
law NE 1-2000, and all amendments thereto, and in accordance with Section 45(1) of the
Planning Act, in respect of any land, building or structure and the decision has come into
effect on or prior to the effective date of passing of this by-law, the provisions of this by-
law, as they apply to such land, building or structure, shall be deemed to be modified to
the extent necessary to give effect to such minor variance and a building permit may be
issued.
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iii) The requirements of this by-law do not apply to a lot where a provisional consent has been
given by the Committee of Adjustment of the County or the Local Planning Appeal Tribunal
on or before the effective date of this by-law and a Building permit for the applicable project
has not yet been issued, the lot has not yet been registered at the Land Registry Office,
or the applicable easement or agreement has not yet been registered on title.
c) Site Plan Applications
i) The requirements of this by-law do not apply to a lot where a conditional or final Site Plan
Approval has been granted by the County or the Local Planning Appeal Tribunal on or
before the effective date of this by-law and a building permit for the applicable project has
not yet been issued.
d) Previous Zoning to Apply
i) For the purposes of determining zoning compliance for matters subject to Section 1.6.5 of
this by-law, the applicable provisions of the former Town of Dunnville By-law 1-DU 80,
Town of Haldimand By-law 1-H 86, and City of Nanticoke (East Portion) By-law NE 1-
2000, and all amendments thereto, as it read on the effective date of this by-law shall
apply.
e) Cessation of Relief
i) The relief provided by Section 1.6.5 of this by-law shall not continue beyond the issuance
of the building permit, approval, or agreement upon which the exemption is founded,
unless otherwise provided for in this by-law. Once the permit, agreement, or approval has
been granted, the provisions of the former applicable zoning by-law shall cease to be in
effect.
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ESTABLISHMENT OF ZONES
2
Establishment of Zones
2.1
Establishment of Zones
The following zones are established and all lands subject to this Zoning By-law are placed into
one or more of the following zones:
Zone
Symbol
Residential Zones
Urban Residential Type 1-A Zone
R1-A
Urban Residential Type 1-B Zone
R1-B
Urban Residential Type 2 Zone
R2
Urban Residential Type 3 Zone
R3
Urban Residential Type 4 Zone
R4
Urban Residential Type 5 Zone
R5
Urban Residential Type 6 Zone
R6
Hamlet Residential Zone
RH
Lakeshore Residential Zone
RL
Commercial Zones
Downtown Commercial Zone
CD
General Commercial Zone
CG
Service Commercial Zone
CS
Neighbourhood Commercial Zone
CN
Hamlet Commercial Zone
CH
Rural Commercial Zone
CR
Marine Commercial Zone
CM
Industrial Zones
Marine Industrial Zone
MM
Heavy Industrial Zone
MH
General Industrial Zone
MG
Light Industrial Zone
ML
Rural Industrial Zone
MR
Disposal Industrial Zone
MD
Extractive Industrial Zone
MX
Institutional Zones
Community Institutional Zone
IC
Neighbourhood Institutional Zone
IN
Rural Institutional Zone
IR
Open Space and Wetland Zones
Open Space Zone
OS
Wetland Zone
W
Agricultural Zones
Agricultural Zone
A
Future Development Zones
Development Zone
D
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ESTABLISHMENT OF ZONES
2.2
Zone Symbols
Zones and zone boundaries are shown on Schedule A of this Zoning By-law. The lands identified
on the schedules as being within a zone are subject to the provisions of this by-law applicable to
that zone or zones. The Schedules may be referred to as the "Zoning Maps" and each zone may
be known by and may be referred to by its symbol.
2.3
Interpretation of Zone Boundaries
2.3.1 Determination of Zone Boundary
The following provisions shall apply in the interpretation of the location of zone boundaries:
a) A zone boundary which is contiguous with a highway, street or lane shall be the centre
line of such highway, street or lane.
b) A zone boundary indicated as following a watercourse or the right-of-way of a railway or
an electrical, gas or oil transmission line shall be the centre line of such watercourse or
right-of-way.
c) A zone boundary appearing to follow the lot lines of any lot shall be deemed to follow such
lot lines.
d) Where the provisions of Section 2.3.1 (a), (b) and (c) are not applicable in determining the
location of a zone boundary, its location shall be determined by measuring the distance
from the nearest definable legal geographic reference point as indicated on the applicable
Zoning Map.
e) As following the front lot line on a future lot in a draft approved Plan of Subdivision or
Condominium, the boundary shall be the centre line of the future street being constructed.
f) As following any other lot line on an existing lot or on a future lot in a draft approved Plan
of Subdivision or Condominium, the boundary shall be the existing or future lot line.
g) In the event that a street or lane or part thereof is closed, or an abandoned railway right
of way is sold, the property formerly within such street, lane or right of way shall be
included within the zone of the adjacent property to which it is adjoined. In the event that
the closed street or lane or abandoned railway right of way was a zone boundary between
two or more different zones, the new zone boundary shall be the boundary of the new
property formed by the adjoining of the closed street, lane or right of way to adjacent
properties. Where no adjoining takes place, the new zone boundary shall be the former
centre line of the closed street, lane or right of way.
h) The Natural Hazard Land Overlay boundaries identified on the map Schedules of this by-
law are intended to generally identify areas of existing or potential natural hazards.
Notwithstanding any other provisions of this Zoning By-law, the boundaries of Natural
Hazard Lands Overlay are subject to minor changes without a formal amendment to this
By-law or the map Schedules when approved by County Staff in consultation with the
appropriate Conservation Authority and/or other appropriate agencies. This may occur
where detailed resource mapping and/or site inspection results in a minor re-interpretation
of the limits of the Natural Hazard Lands Overlay boundary as established in this Zoning
By-law.
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ESTABLISHMENT OF ZONES
i) Where none of the above provisions apply, the zone boundary shall be scaled from the
Schedules.
2.3.2 More Than One Zone on a Lot
Where a lot has more than one zone applied thereon, the permitted uses and general provisions
of either zone may be applied to the entirety of the lot in accordance with the general provisions
applicable to the permitted use. All provisions of the pertinent zone shall be satisfied on each
portion of the lot so zoned, except:
a) where a portion of a lot is zoned HL, OS, or W, the permitted uses and general provisions
of the applicable zone shall apply to that portion of the property so affected;
b) where a portion of a lot is zoned HL, such portion may be used in the calculation of any
required yard or setback provided any building or structure other than a boathouse is
located outside of the HL zone;
c) where a portion of the lot is zoned HL, such portion may be used in the calculation of
minimum lot frontage provided safe access can be provided to the satisfaction of the
County in consultation with the applicable Conservation Authority; or
d) where the main use is wholly situated in one zone, an accessory structure or use may be
permitted in the other zone provided it meets all provisions of Section 4.2 (Accessory
Uses, Buildings and Structures to Residential Uses) or 4.3 (Accessory Uses, Buildings
and Structures to Non-Residential Uses).
2.4
Special Zone Provisions
Where the zone symbol zoning certain lands on the Zoning Maps is preceded or followed by any
combination of parentheses, a hyphen, number, or letter, provisions relating to one or more of the
following special zone regulations apply to the lands so designated on Schedule A. Lands so
identified shall be subject to all of the provisions and restrictions of the applicable parent zone,
except as otherwise provided by the special zone provision.
2.4.1 Zone Exceptions
The County may pass Amendments to this by-Law which apply to certain lands or properties
shown on Schedule A. Where the permitted uses or zone provisions on such lands differ from
the provisions of this Zoning By-Law, a Zone Exception shall be added to the respective Zone
Exceptions Section (Section 12) of this by-Law. A numerical suffix in square brackets following
the base zone symbol shall be added to Schedule A identifying the subject lands and the Zone
Exception. When necessary, a detailed schedule showing the location of the lands affected or
other requirements is contained in this by-Law.
2.4.2 Establishment of Holding Provisions
Pursuant to Section 36 of the Planning Act, holding zones are hereby established by the use of
the symbol "(-H)" as a suffix to the zone symbols. Land subject to the symbol "(-H)" indicates that
development of the lands is premature at the present time, and the land shall not be used, nor
any building or structure used, altered or erected except in accordance with the zone applied
thereon and until the "(-H)" is removed by amendment to this By-law. The criteria for removal of
the "(-H)" symbol shall be established through a Special Provision or zone exception.
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ESTABLISHMENT OF ZONES
2.4.3 Natural Environment Areas
The lands delineated as a Natural Environment Area overlay on Schedule A are areas that may
include natural features where prior to development occurring may, require the completion of an
Environmental Impact Study (EIS) to determine their significance, in accordance with Section
4.40.1 (Natural Environment Area Overlay) of this by-law. The Natural Environmental Area
overlay is not to be interpreted as zones or areas where certain uses are excluded or permitted.
The Natural Environmental Area overlay is for information and interpretation purposes only and
shall be used to identify lands where additional information may be required prior to issuance of
a building permit.
2.4.4 Natural Hazard Lands
Where lands are located within an area as illustrated as an overlay on Schedule A they may be
susceptible to flooding, erosion hazards or other Natural Hazards, as mapped by the
Conservation Authority, and are subject to the general provisions of Section 4.40.2 (Natural
Hazard Lands Overlay) of this by-law and the requirements of the Conservation Authority shall
apply with respect to the erection of buildings and structures and/or the placement or removal of
fill.
2.4.5 Natural Hazard Boundary
Where a boundary of a Natural Hazard appears to follow the top of a bank, it shall be deemed to
be a minimum of 6 metres inland from the top of the bank which is in the direction away from the
lower elevation lands and/or subject to any County or Conservation Authority requirements.
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SECTION 3
DEFINITION
3
Definitions
Whenever used in this by-Law, the following words and phrases shall have the following
meanings:
"ABATTOIR" - shall mean a building or structure, or part thereof used for the slaughtering and
processing of animals.
ACCESSORY BUILDING OR STRUCTURE" shall mean a detached building or structure used
for an accessory use, such as a detached private garage or the storage or shelter of materials,
equipment or other items, or a standalone additional dwelling unit.
"ACCESSORY BUILDING OR STRUCTURE, ATTACHED" shall mean a portion of a building
or structure, not used for human habitation, unless it has been approved as an additional dwelling
unit, the use of which is naturally and normally incidental to, subordinate to, and exclusively
devoted to a principle use and attached to the primary residential dwelling.
"ACCESSORY USE" shall mean a use naturally and normally incidental to, subordinate to, and
exclusively devoted to a principal use and located on the same lot as the principal use.
"ADDITIONAL DWELLING UNIT" shall mean a self-contained living accommodation for an
additional person or persons living together as a separate single housekeeping unit, in which both
food preparation and sanitary facilities are provided for the exclusive use of the occupants of the
site, located within the primary dwelling on the lot or in an attached or detached accessory
structure on the lot.
"ADULT ENTERTAINMENT ESTABLISHMENT" shall mean a place, building or part of a
building in which is provided, in pursuance of a trade, calling, business or occupation, goods or
services appealing to or designed to appeal to erotic or sexual inclinations.
"AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT" shall mean an establishment
having as its main use the storage and display of farm implements for sale or rent and which may
include facilities for the repair of or maintenance of farm equipment, and may include accessory
open storage.
"AGRICULTURE USE" shall mean the use of land, building or structure for:
a) growing of crops, produce, fruit, horticultural plants, trees, pasture and / or sod;
b) hatching, raising, breeding, boarding, training and / or sale of livestock, fur bearing
animals, game, birds and/ or insects;
c) raising cattle and / or goats for milk;
d) fish farming and / or aquaculture;
e) greenhouse and / or hydroponics farming, but not including a commercial greenhouse;
f)
egg production; and / or;
g) apiary or bee keeping.
Any other agriculture use which generally falls under one or more of these categories shall be
included in the definition of agriculture use.
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"AGRICULTURE USE, ON-FARM DIVERSIFIED" shall mean uses that are secondary to the
principal existing agricultural use of the property, and are limited in area. On-farm diversified
agriculture uses may include but are not limited to:
a) home occupations;
b) home industries;
c) agri-tourism uses; and
d) the uses that produce value-added agricultural products.
"AGRICULTURE-RELATED PROCESSING" shall mean a gainful occupation conducted in
whole or in part of an accessory building where produce is processed, preserved, and packaged
and / or stored and may include uses such as but not limited to wineries, cideries, and the
production of maple products, jams, baked goods and jellies and other items typically found in
Ontario. Farm-related processing does not include heavy water users or furniture manufacturing.
"AIR TREATMENT CONTROL SYSTEM" shall mean a system designed, approved and
implemented in accordance with a license issued by Health Canada for the purposes of controlling
emissions, including odour, of a cannabis production facility.
"ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder or other
supporting member of a building or structure or any increase in the area or volume contents of a
building or structure. The raising of a building or structure by increasing the height of a foundation
shall not be construed as altering a building or structure provided that the maximum permitted
height is not exceeded and provided that an additional storey is not created.
"AMENITY AREA" shall mean an area or areas intended for use for recreation or aesthetic
purposes within the boundaries of a lot and may include landscaped open areas, unenclosed
patios, decks, balconies or unenclosed porches, communal lounges, swimming pools, recreation
facilities and any other areas which may be used for recreational or aesthetic purposes, but shall
not include any driveway or parking area.
"ANGULAR PLANE" shall mean a maximum building height measured as a vertical angle of 45
degrees beginning at the property line.
"ANIMAL HOSPITAL" shall mean the premises of a veterinarian where animals are treated or
kept for treatment, and provided the entire operation is carried on within an enclosed building.
"ANIMAL KENNEL" shall mean a purebred Kennel and Commercial Kennel and includes
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1. any premise of such an establishment, in which more than two (2) dogs over sixteen
(16) weeks of age, are bred, or
2. any premise of such an establishment in which more than five (5) dogs are boarded
or trained,
3. any premise of such an establishment in which more than five (5) dogs are kept as
Rescue Dogs,
4. But does not include:
i. a veterinary clinic or veterinary hospital'
ii. a public pound or animal shelter used by the County for impounding animals
iii. any premises licensed under any statute of the Province of Ontario or the
Government of Canada, which permits the keeping of dogs and other animals under
certain conditions;
iv. a pet shop
v. a dog(s) kept as a pet(s), or companion dog
"ANIMAL KENNEL, MUNICIPAL" shall mean such premises and facilities of the County or its
contractor used for the detention, maintenance or disposal of animals and any additional premises
used for the detention, maintenance or disposal of animals that may be operated by the County
or its contractor.
"ARTS AND CRAFTS" shall mean a development of goods by hand, or involving the use of tools
and related equipment, to produce works of aesthetic or consumptive value. Such uses may
include weaving pottery, jeweler, baking, ceramics, painting and knitting, but excludes furniture
manufacturing.
"AUCTION CENTRE" shall mean land and buildings on or within which goods, wares,
merchandise, substances, articles and things are sold to the highest bidder.
"AUTOMOBILE BODY SHOP" shall mean a building or structure used for the painting or
repairing of vehicle bodies or parts thereof but excludes an automobile wrecking yard or salvage
yard.
"AUTOMOBILE GAS STATION" shall mean a building or place where fuels and lubricants for
vehicles are kept for retail sale, and may include accessory retail uses.
"AUTOMOBILE SERVICE STATION" shall mean a building or structure wherein vehicles are
serviced and / or repaired. An automobile service station shall not include an automobile body
shop or an industrial garage. The sale of motor vehicles is permitted as an accessory use to an
automobile service station, provided that not more than six (6) motor vehicles are stored, kept or
displayed for sale at anytime.
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"AUTOMOBILE WASHING ESTABLISHMENT" shall mean a building or place used for washing
of vehicles. This definition does not include industrial garage' as defined herein.
"BAKE SHOP" shall mean a building where products of a bakery are sold or offered for sale by
retail, and shall also include incidental baking of products for retail sale on the premises to a
maximum gross floor area of 200 square metres.
"BAKERY, COMMERCIAL" shall mean a building for producing, mixing, compounding or baking
bread, biscuits, cakes or other baked products, but does not include a bake shop or restaurant
except where such is accessory to the main use.
"BALCONY" shall mean a standalone, outside platform projecting from the wall of a dwelling or
structure, not otherwise connected to a porch, and located above the height of the floor of the first
storey.
"BAR OR NIGHT CLUB" shall mean an establishment which supplies alcoholic drinks, food and
entertainment and contains a walk-up bar or counter where patrons may order, obtain and pay
for food and alcoholic drinks. A bar or night club may contain an outdoor patio or cafe. This
definition includes a tavern, pub and drinking establishment.
"BASEMENT" shall mean that portion of a building between two floor levels, which is partly below
grade and which has half or more of its height measured from floor to ceiling above the average
exterior grade.
"BED AND BREAKFAST ESTABLISHMENT" shall mean a single detached dwelling containing,
as an accessory use, one or more guest rooms provided, for gain, with or without meals, for the
traveling or vacationing public as temporary accommodation. Such guest rooms shall contain no
cooking facilities. A Bed & breakfast does not include a restaurant, rooming house, group home
or hotel.
"BICYCLE PARKING SPACE" shall mean a designated area for the exclusive parking of bicycles
equipped with a rack/stand designed to lock the wheel and/or frame of a bicycle.
"BOAT SLIP" shall mean a docking space or berth for the accommodation of marine craft and
includes a docking space or berth within a boathouse.
"BOATHOUSE" shall mean a building or structure used for the accommodation or shelter of
marine craft provided that the building or structure is located over a boat slip or immediately
adjacent to a watercourse or waterbody, and shall not contain a dwelling unit or a habitable room.
"BOUTIQUE" shall mean a small scale retail store specializing in the sale of gifts, crafts, specialty
foods or apparel primarily catering to the tourist trade.
"BUILDING" shall mean an enclosed structure consisting of any combination of walls, roof and
floor or a structural system serving the same function, including all associated works, fixtures and
service systems but excluding an attached deck or unenclosed porch.
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"BUILDING HEIGHT" shall mean the vertical distance between the finished grade of the ground
at the front of a building facing the street and:
a) in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is
greater,
b) in the case of a mansard roof, the highest point of a roof surface,
c) in the case of any other roof, the highest point of the ridge exclusive of any accessory
roof construction such as a chimney, tower, solar collector, steeple or television antenna.
"BUILDING SUPPLY ESTABLISHMENT" shall mean a place, building or structure or part
thereof used for the retail sale of lumber and building supplies including roofing, masonry,
plumbing, heating, electrical, paint, tools, equipment and similar items.
"BUNK HOUSE" shall mean a building or part of a building used for the temporary
accommodation of seasonal farm workers, provided such accommodation does not serve as a
principal place of residence of an occupant. A mobile home or recreational vehicle may be used
for the purpose of a bunk house.
"BUSINESS SUPPORT SERVICE", means a use which primarily and directly supplies goods
and services required by business and industry as an integral component of their day-to-day
operation, and includes uses such as personal services, blueprinting, drafting and photocopying
services, industrial cleaning supplies and janitorial services, an office supply establishment, file
storage and management services, computer services and similar uses whose function is oriented
to business and industry as opposed to the general public.
"BUS TERMINAL" - shall mean any premises for the transient housing or parking of buses and
the loading and unloading of passengers.
"CAMPGROUND" shall mean land and facilities used for the purpose of camping. A campground
may include cabins, tents, trailers, dining halls and other accessory buildings and structures but
excludes a tent and trailer park.
"CANNABIS PRODUCTION FACILITY" shall mean any building or structure licensed and
authorized by Health Canada to ship, deliver, transport, destroy, grow, dry, process, export and/or
import cannabis for the commercial production of medical or non-medical purposes, including
related research as defined in applicable Federal Regulations, as amended from time to time.
"CARGO CONTAINER" means an industrial, standardized reusable vessel that was:
a) originally, specifically or formerly designed for or used in the packing, shipping, movement
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b) or transportation of freight, articles, goods or commodities; and/or
c) designed for or capable of being mounted or moved on a rail car; and/or
d) designed for or capable of being mounted on a chassis or bogie for movement by truck
trailer or loaded on a ship.
"CELLAR" shall mean that portion of a building between a floor level and the finished ceiling which
is more than 50 percent under-ground relative to the finished grade adjacent to the exterior walls
of a building.
"CEMETERY" shall mean land that is set aside or used as a place for the interment of the dead
which may include a building or structure such as: a columbarium, designed for the purpose of
storing the ashes of human remains that have been cremated; a crematorium; and a mausoleum
used as a place for the interment of the dead in sealed crypts or compartments.
"COMMERCIAL GREENHOUSE" shall mean a greenhouse structure used for the growing of
plants, flowers, shrubs, trees and produce to be sold wholesale.
"COMMON WALL" shall mean a wall jointly used by two parties and separating two dwelling
units.
"COMMUNAL SERVICING SYSTEMS" shall mean sewage works, sewage systems or water
works that provide for the distribution, collection or treatment of sewage or water but which are
not connected to full municipal sewage and water services and are owned, operated and
managed by a single owner through a responsibility agreement with the municipality or public
body, which requires municipal/public body assumption of the communal services in the event of
default.
"COMMUNITY CENTRE" shall mean land and buildings owned and operated by the County, or
a community service club and used for the purpose of social and recreational activities, but
exclude a private club as defined herein.
"CONCRETE AND ASPHALT PLANT" shall mean a place or building or part of a building used
for the batching and production of asphalt or concrete, or asphalt or concrete products, and
dispatching of concrete and asphalt trucks, equipment storage and maintenance, office and
administrative activities and the receiving and outdoor storage of materials, casting and concrete
and asphalt products, and shall also include the processing of aggregate material through a
crushing and sorting operation, but does not include the retail sale of finished asphalt or concrete
products.
"CONSERVATION AREA" shall mean an area within which work is undertaken by a
Conservation Authority pursuant to the provisions of the Conservation Authorities Act, R.S.O
1990, c.C.27, as amended.
"CONTRACTORS SHOP" shall mean a building or part of a building used by a general contractor
or any building trade, such as sheet metal, plumbing, heating, electrical, dry-wall, carpentry or
masonry, for the assembly, fabrication, repair or storage of building components or for the repair,
maintenance or storage of machinery, equipment and materials used in the building trade.
"CONTRACTOR SUPPLY AND SERVICE SHOP" shall mean a building or part of a building
used as a contractors shop for a particular trade or group of trades and for the sale of building
products specific to that trade.
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"CONTRACTOR'S YARD" shall mean an outdoor area used by a general contractor or any
building trade for the outdoor storage of accessory vehicles, machinery, equipment or materials.
"CRAWL SPACE" shall mean the portion of the building or structure which is partly underground
and below the first floor and which has a height of less than 2.1 metres except that under beams
and ducts the clearance is less than 1.95 metres, but does not constitute a basement.
"CULTURAL FACILITY" shall mean any building, room or area and designed or utilized primarily
for the presentation to the general public of live theatre, dance performances, musical concerts,
cinema, lectures, exhibits of various art forms or exhibits of cultural, academic or scientific
material, and without limiting the scope of the foregoing definition, shall include art galleries,
museums, libraries and exhibition halls.
"CUSTOM WORKSHOP" shall mean a building or part of a building used by a person or persons
with a trade, craft or guild or other skilled labour for the repair, custom fabrication, or custom
assembly of articles, items or things. A custom workshop may include a machine shop, a pattern
shop, a sheet metal shop, a wood working shop, a cabinetwork shop or other similar operation.
"DATA CENTRE" shall mean a building or cluster of buildings used to house computer systems
and associated components for data input, processing and storage.
"DAY CARE NURSERY' shall mean a building or part of a building that provides temporary child
care and supervision pursuant to the Child Care and Early Years Act, 2014.
"DECK OR UNENCLOSED PORCH" shall mean a structure at the front, side or rear of a building
which exceeds average height of 0.3 metres above grade level, may be detached from the main
building and which may be covered by a roof with or without supporting columns provided the
deck, porch or attached balcony remains unenclosed by walls, windows or screening.
"DEPARTMENT STORE" shall mean a building or part of a building area used for the retail sale
of a wide variety of goods, wares, merchandise and services including family clothing and apparel,
furniture, appliances and home furnishings and may include, as accessory uses, offices,
warehousing and outdoor sales and display area. Such merchandise is generally displayed or
offered on a departmentalized basis. For greater clarity, this definition does not include an
automotive/home improvement store.
"DRIVE-THROUGH" shall mean the use of buildings and structures for the provision of prepared
food and beverages where the food or drink is served to customers who are inside their vehicles,
or the provision of self-serve facilities which are accessed by customers who are inside their
vehicles, such as an Automated Teller Machine as part of a financial institution, a drive-through
pharmacy, automatic car wash, or similar use.
"DRY CLEANING DISTRIBUTION STATION" shall mean a building or part of a building used
for the purpose of receiving articles of clothing, goods or fabric to be dry cleaned, dyed or
laundered elsewhere and for the pressing and distribution of any such articles of clothing, goods
or fabric.
"DRY CLEANING ESTABLISHMENT" shall mean a building or part of a building where dry
cleaning, dry dyeing, cleaning or pressing of articles of clothing, goods, or fabric is carried on and
may include a dry cleaning distribution station.
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"DWELLING" shall mean a building containing one or more dwelling units used or intended to be
used for human habitation but excludes a motor home, mobile home, or bunkhouse. A dwelling
may include an attached private garage. To be considered attached, the building or structure may
include a covered walkway, with a maximum width and length of 2 metres, open on all sides from
the eaves of the roof to the ground, connecting two or more structures on the same lot.
"DWELLING UNIT" shall mean a suite of two or more rooms used by one or more persons living
together, in which cooking, eating, living, sleeping and sanitary facilities are provided, and with a
private entrance accessed from outside the building, from a common hallway or from a common
stairway. A dwelling unit does not include a group home, mobile home or recreational vehicle.
"DWELLING UNIT, ACCESSORY" shall mean a dwelling unit which is accessory to a principal
non-residential use, and contained within the principal non-residential use.
"DWELLING, APARTMENT" shall mean a building containing multiple dwelling units with or
without a shared or common entrance.
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"DWELLING, BACK-TO-BACK TOWNHOUSE" means a building containing four or more
dwelling units divided by vertical common walls above grade with a common rear wall.
"DWELLING, DUPLEX" shall mean a dwelling divided horizontally into two dwelling units.
"DWELLING, FOUR-PLEX" shall mean a dwelling divided vertically into four dwelling units each
which shares a common wall with two other units, or a dwelling divided vertically into two duplex
dwelling units separated by an above grade common wall.
"DWELLING, GROUP HOME" shall mean a building that is licensed or funded under an Act of
the Parliament of Canada or the Province of Ontario for the accommodation of three to ten
persons, exclusive of staff, living under supervision and who, by reason of their emotional, mental,
social or physical condition or legal status, require a group living arrangement for their well-being,
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but does not include a place maintained and operated primarily for the care of or occupation by
inmates or persons placed on probation or released on parole or for any other correctional
purpose.
"DWELLING, GROUP TOWNHOUSE" shall mean a dwelling containing three or more dwelling
units located on the same lot with each dwelling unit being divided one from the other by an above
grade vertical common wall, and with each dwelling unit having direct access to a yard.
"DWELLING, SEMI-DETACHED" shall mean a dwelling divided vertically into two dwelling units
attached side by side by an above-grade vertical common wall.
"DWELLING, SINGLE DETACHED" shall mean a detached dwelling containing only one
dwelling unit.
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"DWELLING, STACKED TOWNHOUSE" means a building containing 3 or more dwelling units,
with each dwelling unit separated from the other both horizontally and vertically that may have a
private independent entrance from a yard or a shared entrance from a common corridor, vestibule,
or landing.
"DWELLING, STREET TOWNHOUSE" shall mean a dwelling containing three or more dwelling
units with each dwelling unit being divided one from the other by an above grade vertical common
wall, and with each dwelling unit fronting onto a street.
"DWELLING, TRIPLEX" shall mean a dwelling containing three separate dwelling units with at
least two dwelling units divided horizontally.
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"DWELLING, VACATION HOME" shall mean a dwelling containing only one dwelling unit
which is used as a secondary place of residence, on an occasional basis from April
through October inclusive in the same calendar year for vacation, recreation and
relaxation purposes and where the owner or occupant of the dwelling has a principal place
of residence elsewhere.
"ERECT" shall mean the construction, re-construction and/or relocations and, without limiting the
generality of the foregoing, also includes:
a) any preliminary physical operation, such as excavating, filling or draining, or
b) any work requiring a building permit.
"ERECTED" and "ERECTION" shall have a corresponding meaning.
"EXISTING" shall mean existing on the date of passing of this by-Law.
"FAIR OR EXHIBITION GROUNDS" shall mean the use of land, or building, or structure where
the temporary exhibition of music, art, goods, wares, vehicles, and the like are displayed and
made available for sale and shall include a midway and amusement park.
"FARM BUILDING CLUSTER" shall mean the grouping of one or more farm related buildings
and farm dwelling(s) in an arrangement which maximizes the agricultural area and potential of
the farm lot.
"FARM PRODUCE OUTLET" shall mean an outlet for the retail sale of farm produce and which
is located on the farm. The use is separate and distinct from 'Farmers Market' and 'Agriculture-
Related Processing' as defined herein.
"FARM STAND" shall mean a small stand, structure or wagon-top sales area for the marketing
and retailing of farm produce, accessory to an agriculture use.
"FARMERS MARKET" shall mean the use of land, buildings or structures for the retail sale of
food to the public on an occasional basis. This definition may include the retail sale of arts and
crafts accessory to the retail sale of food.
"FILM PRODUCTION" shall mean filming, videotaping, photography or any other form of visual
recording for a feature film, television program, documentary, commercial, music video,
educational film or other purpose outside a film studio, but does not include street interviews,
newscasts, press conferences, or visual recordings for personal purposes only.
"FINANCIAL INSTITUTION" shall mean an establishment which provides money management
services directly to the public, including a bank, trust company, credit union, securities dealer,
finance companies and stock brokers.
"FINISHED GRADE" shall mean the average elevation of the finished surface of the ground
adjoining a building or structure at all exterior walls, exclusive of any embankment in lieu of steps.
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"FLOOR AREA RATIO" shall mean the ratio of the gross leasable floor area to the lot area (i.e.
Floor area ratio = gross leasable floor area / lot area).
"FORESTRY USE" shall mean the general raising and harvesting of wood, and without limiting
the generality of the foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber,
Christmas trees, and other forest products produced on the same lot.
"FRUIT AND VEGETABLE OUTLET" shall mean a building or part of a building used primarily
for the retail sale of fruits and vegetables as well as locally produced baked goods and canned
foods. The sale of other grocery items may be permitted as an accessory use.
"FUEL STORAGE DEPOT" - shall mean any employment use whose primary purpose is the
storage, loading/unloading or supply or sale of fuel, but does not include a gas bar as part of an
automobile service station.
"FUEL STORAGE TANK" means a tank for the bulk storage of petroleum gasoline, fuel oil, gas
or inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally
and properly kept in a retail store or a tank for storage merely incidental to some other use of the
premises where such tank is located.
"FUNERAL HOME" shall mean a building or part thereof wherein a licensed undertaker prepares
corpses for interment and may include accessory meeting rooms, chapel or retail sale of related
items.
"GARAGE, INDUSTRIAL" shall mean a building, structure or lot where commercial and industrial
vehicles and equipment such as buses, trucks and construction and industrial vehicles and
equipment are stored, repaired, maintained, leased, washed or sold.
"GARAGE, PRIVATE" shall mean an accessory building or portion of a dwelling which is
designed or used for one or more parking spaces and shall include an open or partially enclosed
shelter for vehicles commonly known as a carport.
"GARDEN CENTRE AND TREE AND PLANT NURSERY" shall mean a building or area of land
used for the growing and retail sale of plants, shrubs, trees and related gardening products and
equipment, and may include accessory outdoor storage.
"GARDEN SUITE" shall mean a one unit detached residential structure, containing a bathroom
and kitchen facilities, that is ancillary to an existing residential structure and that is designed to be
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portable and is capable of meeting the standards of the Ontario Building Code and is used for
temporary accommodation.
"GOLF COURSE" shall mean an area of land used for the playing of golf and may include a
driving range, golf concession stand, club house with a pro shop, restaurant or lounge as
accessory uses.
"GROSS FLOOR AREA" means the total area of each floor whether located above, at or below
grade, measured from the interiors of outside walls and including floor area occupied by interior
walls and floor area created by bay windows, but excluding:
a) floor area occupied by shared mechanical, service and electrical equipment that serve the
building;
b) common hallways; corridors; stairwells, elevator shafts and other voids; steps and
landings;
c) bicycle parking; motor vehicle parking or loading facilities;
d) common laundry, storage and washroom facilities that serve the building or tenants;
e) common storage areas that are accessory to the principal use of the building;
f) common amenity area and play areas accessory to a principal use on the lot; and
g) living quarters for a caretaker of the building.
"GROSS LEASABLE FLOOR AREA" means the total floor area designed for tenant occupancy
and exclusive use, measured from the interiors of outside walls excluding floor area occupied by
party walls and excluding:
a) floor area occupied by mechanical, service and electrical equipment that serve the
building;
b) hallways; corridors; stairwells, elevator shafts and other voids; steps and landings;
c) pedestrian malls serving as a common area between stores;
d) administration or management offices;
e) bicycle parking; motor vehicle parking or loading facilities;
f) common washroom facilities that serve the building or tenants;
g) storage areas that are accessory to the principal use of the building; and
h) living quarters for a caretaker of the building.
"HABITABLE ROOM" shall mean a room used or intended to be used for human habitation, but
excluding a bathroom, change room, bathhouse, sauna, laundry room, furnace room, hallway,
closet, storage room or garage. For a room located in a basement to be considered a habitable
room, it shall meet the minimum ceiling height, window area and window size set out in the Ontario
Building Code.
"HALDIMAND COUNTY" or "COUNTY" shall mean or refer to the Corporation of Haldimand
County.
"HOME-BASED BUSINESS, HOME INDUSTRY" shall mean a craft trade, guild or service such
as automobile service, plumbers, electricians, merchandise service, or custom workshop, or
similar uses, carried on as a secondary use entirely within an accessory building or attached
garage provided the proprietor carrying out the craft, trade, guild or service resides within a
dwelling unit located on the same lot. A home industry does not include uses such as automobile
body shop or paint spray booth. A home industry includes all uses permitted within a home
occupation.
"HOME-BASED BUSINESS, HOME OCCUPATION" shall mean an occupation, personal
service, business, arts and craft or profession carried on as a secondary use entirely within a
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dwelling unit or accessory building providing the proprietor carrying on the activity resides within
the principal dwelling unit. A home occupation may include uses such as but not limited to hair
salon, medical treatment, massage, counseling, teaching classes, baking, catering, day care,
artist studio. A home occupation does not include a bed and breakfast establishment or base of
operation assembly areas.
"HOME-BASED BUSINESS, HOME OFFICE" shall mean an office within a residential dwelling
unit that employs only the occupant(s) of the dwelling unit. A home office shall be limited to office
activities on the site or administration of offsite work activities. The use does not include a
customer service component as office visitation is not permitted.
"HOSPITAL" shall mean any institution, building or other premises established for the treatment
of persons afflicted with or suffering from sickness, disease or injury, for the treatment of
convalescent or chronically ill persons that is approved under the Public Hospitals Act, R.S.O.
1990, c.P.40, as amended, as a public hospital.
"HOSTEL" shall mean a dwelling where, for a fee, room, board and personal care, supervision
and assistance with daily living activities are provided to persons who are otherwise unable to
care fully for themselves by reason of age or mental or physical health, and, without limiting the
generality of the foregoing, includes such facilities as an unlicensed nursing home or rest home,
an unlicensed retirement home or retirement lodge, or an unlicensed establishment providing
nursing care for chronic invalids or the elderly, but does not include:
a) any residential facility licensed, approved or supervised under the Long-Term Care Homes
Act, the Homes for Special Care Act, the Private Hospitals Act, or any other Act or
authority;
b) a rooming house;
c) a group home dwelling .
"HOTEL" shall mean any hotel, motel, inn or lodge in one main building or in two or more
buildings used mainly for the purposes of catering to the needs of the travelling public by supplying
food and furnishing sleeping and includes all premises licensed under the Liquor License Act and
permanent staff accommodation.
A hotel may also provide uses and activities accessory to the principal accommodation function
including an eating establishment, dining room, entertainment activities, gift shop, fitness or health
club, newsstand, personal service shop or similar facility or activity and may also provide meeting
rooms and facilities to support business and industry including convention facilities, trade shows,
professional seminars and workshops, educational seminars, a corporate retreat, a charitable
event and for public meetings. Auction sales shall also be permitted. Retail sales accessory to a
permitted use or activity will be permitted except that liquidation sales shall be prohibited.
"HUNTING, TRAPPING AND FISHING PRESERVE" shall mean the use of land for the hunting
or trapping of animals or the catching of fish in accordance with the regulations of the Ministry of
Natural Resources and in accordance with all other applicable law. Such a use may include
buildings or structures used for periodic overnight accommodation during the hunting season,
including hunt camps, hunting cabins or a commercial hunting lodge.
"INFRASTRUCTURE" shall mean physical structures (facilities and corridors) that form the
foundation for development. Infrastructure includes: sewage and water systems, septage
treatment systems, waste management systems, electric power generation and transmission,
communications/ telecommunications, transit and transportation corridors and facilities, oil and
gas pipelines and associated facilities.
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"INTAKE PROTECTION ZONE" shall mean the geographic area designated on Schedule B of
this by-law. Two such intake protection zones are described as follows:
a) Intake Protection Zone 1: The geographic location around a surface water intake
and within which it is desirable to regulate or monitor drinking water threats with a
vulnerability score of 10 which is derived upon the Tables of Drinking Water Threats
in the Clean Water Act for the purposes of describing a land use area.
b) Intake Protection Zone 2: The geographic location around a surface water intake
and within which it is desirable to regulate or monitor drinking water threats with a
vulnerability score of 8 or 9 which is derived upon the Tables of Drinking Water
Threats in the Clean Water Act for the purposes of describing a land use area.
"LANDSCAPED OPEN SPACE" shall mean land which is:
a) unoccupied by any enclosed space within building or structure;
b) situated at ground level;
c) used or intended to be used for landscaping which includes the growth and maintenance
of grass, flowers, shrubs, bushes, trees or other vegetation, and for the provision of other
landscaping features including, but not necessarily restricted to, planting strips, decorative
fencing, recreational or play areas, gardens, green roofs, fountains, fish ponds,
unenclosed swimming pools, unenclosed decks, porches, terraces and surfaced
walkways but excluding driveways, curbing and parking areas.
"LANDSCAPED STRIP" shall mean a continuous, open, unobstructed width of land substantially
parallel to and adjoining a lot line that is intended for landscaped open space.
"LANE" shall mean a public or private thoroughfare which affords only limited access for
vehicular traffic to abutting lots and which is not intended for general traffic circulation.
"LAUNDROMAT" shall mean a building or part of a building in which the business of a laundry
is conducted by self-serve washers and dryers and includes accessory dry cleaning equipment.
"LEASEHOLD SITE" shall mean an area of land leased for a period of less than 21 years for the
purpose of locating a detached dwelling. Where the term 'lot' or 'yard' or any term containing 'lot'
or 'yard' are used in the context of a 'leasehold site', 'lot' shall mean a leasehold site and 'yard'
shall mean the yard of a leasehold site. All the general provisions for a residential use and lot
shall apply to a leasehold site.
"LIMIT OF THE REGULATED AREA" shall mean the area in which a Conservation Authority
has jurisdiction for hazard issues covered in Section 28 of the Conservation Authorities Act, R.S.O
1990, C.C.27, as amended.
"LIVESTOCK FACILITY" shall mean one or more barns or permanent structures with livestock
occupied portions, intended for keeping or housing livestock. A livestock facility also includes all
manure or material storages and anaerobic digesters.
"LIVESTOCK" shall mean and include bovine, swine, poultry, horses, goats, sheep, ratites, fur
bearing animals, deer and elk, game animals, birds and other animals identified in the Ontario
Ministry of Agriculture, Food and Rural Affairs, Minimum Distance Separation (MDS) Formulae
Implementation Guidelines Factor Tables (Table 1) as amended.
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"LOADING SPACE" shall mean an off-street space or berth adequate for the temporary parking
of a commercial vehicle while loading or unloading merchandise or materials and located upon
the same lot as the principal use and in a location with convenient access to a street or lane.
"LONG TERM CARE HOME" shall mean a facility which provides care and services for persons
who are no longer able to live independently or who require on-site nursing care, 24-hour
supervision or personal support and licensed under the Long-Term Care Homes Act, 2007, S.O.
2007, c.8, as amended, but does not include a retirement home as defined herein.
"LOT" shall mean a parcel of land which can be legally conveyed. Where two adjoining lots are
in common ownership and a main building straddles the lots, the two lots are deemed to be one
lot for the purposes of establishing interior side yards, or an exterior side yard.
"CORNER LOT" shall mean a lot situated:
a) at the intersection of two streets; or
b) on the curve of a street where the angle of intersection is 135 degrees or less.
The angle of intersection shall be measured from the inside of the curve and at the point
where a projection of the front and exterior side lot lines, drawn from the extremities of the
interior lot lines, intersect.
"INTERIOR LOT" shall mean a lot with only one lot line being contiguous with a street
line.
"THROUGH LOT" shall mean a lot with two or more opposite lot lines being contiguous
with the street line, other than a corner lot, unless three or more lot lines of a corner lot
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are contiguous with a street line. For lots with frontage on both an open municipal road
and on a private lane, the frontage on the improved street.
"LOT AREA" shall mean the total horizontal area within the lot lines of a lot, excluding:
a) the horizontal area of such lot covered by a waterbody or watercourse measured from the
high water mark,
b) a designated provincially significant wetland, or
c) the area between the top and toe of a cliff or embankment having a slope of 3:1 or more
from horizontal, but including the area of a boat slip covered by a boathouse or surrounded
on three sides by land.
"LOT COVERAGE" shall mean the percentage of the lot area covered by the first storey of all
buildings, including accessory buildings, on the lot including all projections but exclusive of
canopies, overhanging eaves, decks and unenclosed porches.
"LOT DEPTH" shall mean:
a) the horizontal distance between the front and rear lot lines, or
b) 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, or
c) if 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.
"LOT FRONTAGE" shall mean:
a) where the side lot lines are parallel, the distance between the side lot lines measured at
right angles;
b) where the side lot lines are not parallel, the length of a line drawn between the side lot
lines parallel to the front lot line at the minimum required front yard setback;
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c) where the side lot lines are not parallel and where the front lot line is curved, the length of
a line drawn between the side lot lines back from and parallel to the cord of the lot frontage
at the minimum required front yard setback. The chord of the lot frontage is a straight line
joining the two points where the side lot lines intersect the front lot line.
For a corner lot on a curved street, the point where the side lot line and front lot line
intersect is the closest point opposite from where a projection of the front and exterior side
lot lines, drawn from the extremities of the interior lot lines, intersect.
"LOT LINE" shall mean any boundary of a lot and the vertical projection thereof.
"LOT LINE, FRONT" shall mean:
a) in the case of an interior lot, the line dividing the lot from the street;
b) in the case of a corner lot, the shorter lot line abutting a street;
c) in the case of a corner lot whose exterior lot lines are the same length, the lot line opposite
the main entrance of the main building;
d) in the case of a through lot, the nearer street line to the main building. For lots with frontage
on both an open municipal road and on a private laneway, the frontage is on the improved
street.
e) in the case of a lot located on a private lane or right of way, the lot line abutting the private
lane or right of way, and where two lot lines abut a private lane or right of way, the lot line
opposite the main entrance of the main building.
"LOT LINE, REAR" shall mean:
a) in the case of a lot having four lot lines, the lot line farthest from and opposite to the front
lot line;
b) in the case of a lot having only three lot lines, there shall be no rear lot line;
c) in the case of a lot having more than four lot lines, all lot lines opposite to but not
intersecting with the front lot line.
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"LOT LINE, EXTERIOR" shall mean the lot line abutting a street other than the front lot line of a
corner lot or the rear lot line of a through lot.
"LOT LINE, INTERIOR" shall mean a side lot line other than an exterior side lot line.
"LOT LINE, SIDE" shall mean a lot line other than a front or rear lot line.
"LOT OF RECORD" shall mean a lot existing on the date of passing of this by-law which could
have been conveyed legally on the date of passing of this by-law without consent under Section
53, of the Planning Act, as amended, or a lot created by the registration of a deed after the date
of passing of this By-Law pursuant to a valid consent obtained prior to the passing of this By-Law.
"MANUFACTURING, HEAVY" shall mean any employment use which is not light manufacturing
as defined in this By-law.
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"MANUFACTURING, LIGHT" shall mean:
(a) the manufacture from previously prepared materials of finished parts or finished products;
(b) factory or assembly-line processes that involve the manufacture, processing, assembly or
packaging of finished parts or finished products made from previously prepared materials;
or
(c) the repair or servicing of such products.
"MARINA" shall mean an establishment on a navigable watercourse or waterbody where marine
craft, equipment and supplies are sold, leased, stored, docked or repaired and includes as
accessory thereto the sale of marine related sports equipment and club facilities.
"MERCHANDISE SERVICE SHOP" shall mean an establishment where household or business
articles or goods such as appliances, furniture, electronics or similar items are repaired,
refurbished or serviced, but excludes any manufacturing operation.
"MICROBREWERY" means a place used for the small scale and independent manufacturing of
specialty or craft beer, liquors, or wine produced for retail sale and consumption on or off-site. A
microbrewery may include a tied-house and may also operate in combination with a permitted
restaurant, bar or nightclub.
"MOBILE FOOD PREMISE" shall mean a vehicle, trailer or other itinerant food preparation
premise for which food prepared therein is offered for sale to the public.
"MOBILE HOME PARK" shall mean a plan of subdivision approved and registered, and designed
and intended for the location of mobile homes thereon.
"MOBILE HOME" shall mean a prefabricated building designed to be made mobile whether the
running gear is removed or not and manufactured to provide cooking, eating, living, sleeping, and
sanitary facilities for one or more persons with a minimum size as specified by the Canadian
Standards Association (CSA) and which is designed to be used as a principal place of residence.
A mobile home does not include a recreational vehicle.
"MODEL HOME" shall mean a single detached dwelling, semi-detached dwelling or, townhouse
dwelling, temporarily used for the purpose of showing potential buyers what the aesthetics and
finishes of a typical home may look like within the proposed subdivision within which the units are
constructed, an office and/or show room and/or sales office to promote the sale of residential units
may also be permitted within the garage.
"NON-CONFORMING" shall mean a use, a building or a structure which does not conform to
one or more of the provisions of this By-Law for the zone or zones in which such use, building or
structure is located. Such uses, buildings or structures which legally existed prior to the date of
passing of this By-Law shall be considered legally non-conforming as per the provisions of the
Planning Act.
"OFFICE, BUSINESS" shall mean premises where the practice of a profession, the affairs of a
business or enterprise, the provision of a service including its administration, or like activity is
conducted.
"OFFICE, MEDICAL" shall mean a building or part of a building that is used by one or more
physicians, surgeons, dentists, chiropractors or other medical practitioners together with their
nurses, clerical and technical employees in the practice of these professions but does not include
the provisions of beds or any form of retail trade other than the sale of pharmaceutical goods.
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"ONE FOOT RESERVE" shall mean a narrow strip of land, traditionally one foot in width and in
metric measurement being generally 30 centimetres in width, reserved for the purpose of
restricting access.
"OUTDOOR PATIO OR CAFE" shall mean an outdoor area enclosed by a fence, ropes, gates
or other means of delineating such area wherein food and drinks are offered for sale or sold to
the public for immediate consumption within the enclosed outdoor area.
"OUTDOOR STORAGE" shall mean the placing, storage and / or display of, in any manner, out
of doors or within a fenced area or under a canopy or roofed structure, any material, parts or
equipment of any kind and for more surety, is not within an enclosed building, but this does not
include an operative motor vehicles affixed with a valid license plate or the parking or storage of
a motor vehicle normally permitted as an accessory use.
"PARK" shall mean an area of land, owned and / or operated by a government agency, a
community service club or charitable organization and used for open space, horticulture, outdoor
recreation, or maintenance of a natural area, and may include an accessory concession stand,
but excludes a tent and trailer park or campground.
"PASSIVE USE PARK", means an area of land in public or private ownership consisting primarily
of open space which is used solely for recreational purposes which are oriented primarily to the
enjoyment of the natural environment such as walking trails, conservation projects, ponds and
picnic areas.
"PARKING AISLE" shall mean a portion of a parking area which abuts, on one or more sides,
parking spaces to which it provides direct access, and which is not used for the parking of motor
vehicles.
"PARKING AREA" shall mean an area provided for the parking of motor vehicles, and includes
any related parking aisles and parking spaces, including a private garage, but does not include
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any part of a street or lane or driveway.
"PARKING LOT or PARKING STRUCTURE" shall mean an area or structure provided for the
parking of vehicles and includes any related aisles, parking spaces, ingress and egress lanes,
but shall not include any part of a street.
"PARKING SPACE" shall mean an area which is used for and is adequate for the temporary
parking or temporary storage of a vehicle, and includes a private garage or carport.
"PARKING SPACE, TANDEM" shall mean two parking spaces, one behind the other, which are
accessed by the same parking aisle.
"PERMITTED" shall mean permitted by this by-Law.
"PERSON" shall mean any human being, association, company, partnership, corporation, agent
or trustee, and the heirs, executors or other legal representatives of a person to whom the context
can apply according to law.
"PERSONAL SERVICE SHOP" shall mean a place where:
a) a service is performed for the personal grooming and personal effects or clothing of the
consumer, including a hair styling salon; tattoo and piercing parlours; spa; tanning salon;
shoe repair shop; dry cleaning outlet and accessory dry cleaning equipment; laundromat;
tailor shop or dressmaker shop; or massage therapy service but excluding a body rub
parlour;
b) a consultation or information service is provided by a professional, other than a medical
professional, including a travel agency or an interior decorator, or
c) other personal or business services are provided, including a printing, publishing,
photocopying, picture framing or photofinishing service, including self-service operations.
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"PHARMACY" shall mean a retail store in which the principal use is the retail sale of drugs,
pharmaceutical products, medicines and similar sundries.
"PIT OR QUARRY" shall mean a place licensed to permit the excavation of aggregate resources.
"PLACE OF ASSEMBLY" shall mean a building or part of a building used for, meetings, banquets
and assembly which may include an auditorium, assembly hall or banquet hall.
"PLACE OF ENTERTAINMENT" shall mean a building or part of a building wherein facilities are
provided for entertainment or amusement which may include a pool hall, a bowling alley, an
arcade, a bingo hall, a theatre, a music or dance hall, or other cultural activity.
"PLACE OF SPORTS AND RECREATION" shall mean a place, building or part of a building
where or wherein facilities are provided for sports and / or recreation which may include an arena,
a curling rink, a skating rink, racquet sports, a gymnasium, a swimming pool, a tennis court, an
indoor golf facility or a fitness facility.
"PLACE OF WORSHIP" shall mean a church, temple, mosque, synagogue or other building or
part of a building used for public worship.
"PRINCIPAL PLACE OF RESIDENCE" shall mean a dwelling unit used as the true, fixed,
permanent address or lodging place to which a person habitually returns to sleep and whenever
absent, he or she has the intention of returning. A person shall only have one principal residence
which, for the purposes of this By-Law, may or may not be within Canada.
"PRINTING AND PUBLISHING ESTABLISHMENT" shall mean a building, or part thereof, used
for the primary purpose of printing, lithographing, duplicating or publishing.
"PRIVATE CLUB" shall mean a place, building or part of a building where social functions are
carried out solely by a private organization for its members and their guests.
"PUBLIC AGENCY" shall mean:
a) the County;
b) any department, commission, corporation, authority, board or other agency other than a
hospital board established from time to time by the County;
c) any public utility;
d) any railway company;
e) the Government of Canada, Province of Ontario, Conservation Authority, and School
Boards.
"PUBLIC UTILITY INSTALLATION", means a building, plant, works, equipment or infrastructure
used by the County, a conservation authority or an entity operating within a regulated industry
that has been given the express right and subsequent legal duty to supply the general public with
a product or service such as natural gas, electricity, public transit, rail service,
communications/telecommunications, cable television, drainage, sewage or waste collection and
disposal services or water.
"PUBLIC EMERGENCY SERVICE FACILITY" shall mean land, buildings or structures used for
the provision of police, fire protection and land ambulance services and programs which are
provided for or subsidized by a government or other body.
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"PUBLIC SANITARY SEWER SYSTEM" shall mean a system of conduits operated by the
County or the Province, which carries sewage to a sewage treatment facility.
"PUBLIC WATER SYSTEM" shall mean a potable water distribution system of piping and related
storage including pumping and purification appurtenances, operated by the County or the
Province.
"RECREATIONAL VEHICLE STORAGE" shall mean the seasonal storage of recreational
vehicles and recreational equipment, and operational school buses as an accessory use to an
agriculture and industrial use.
"RECREATIONAL VEHICLE" shall mean a vehicle designed to provide temporary living,
sleeping or eating accommodation for travel, vacation, seasonal camping or recreational use and
designed to be driven, towed, transported or relocated from time to time whether or not the vehicle
is jacked up or its running gear is removed, and with a size as defined by the Canadian Standards
Association (CSA). A recreational vehicle shall not be used as the principal place of residence of
the occupant. A recreational vehicle shall include a motor home, camper trailer, motorized home,
motorized camper, truck camper, pick-up coach, chassis-mounted camper, slide-in camper, tent
trailer, fifth-wheel trailer and park model trailer and similar mobile vehicles and shall include a
mobile home, a motorized racing vehicle, snowmobile, off-road vehicles and marine craft.
"REQUIRED" shall mean as required by the provisions contained herein.
"RESCUE DOG" shall mean a dog which has been seized from an owner or was otherwise
homeless or abandoned, and is subsequently hosted, sheltered or harbored for sanctuary or
protective care purposes.
"RESEARCH AND DEVELOPMENT FACILITY" shall mean a building or group of buildings
which are facilities used for research, investigation, testing or experimentation, but not facilities
for the manufacture or sale of products, except as accessory to the main purpose of the facility.
"RESTAURANT" shall mean an establishment where food is offered for sale or sold to the public
for immediate consumption either within the establishment or elsewhere. This definition may
include a dining room, café, lunch counter, tearoom coffee shop, or mobile food premise. A
restaurant may also contain an outdoor patio or café.
"RETAIL STORE" shall mean a building or part of a building or an enclosed outdoor area which
is used for the retail sale or rental of goods, wares, merchandise, substances, articles and things.
This definition does not include a salvage yard or a department store, or other similar defined use.
Services may also be offered for sale provided they are subordinate to the main use.
"RETIREMENT HOME" means a building or a part of a building containing rooming units or a
combination of rooming and dwelling units, providing residence mostly to senior citizens who do
not require assistance with daily living, and which may provide ancillary health, personal service,
and recreational services to serve the residents of the home, and may have up to 25 per cent of
its gross floor area devoted to providing supervised or supportive in-house care for those who
need assistance with daily living including on-going medical care, nursing care, counselling and
social support services, but does not include a long term care home as defined herein.
"ROOMING HOUSE" shall mean a single detached dwelling not exceeding 600 square metres
containing individual rooms rented, with or without meals, for lodging or sleeping accommodation
and may provide communal but not individual cooking facilities. The dwelling shall be occupied
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by the proprietor and shall provide accommodation for no less than 3 and no more than 10
individuals including the proprietor's family. A rooming house shall not provide accommodation
to the traveling public and does not include a hotel or bed & breakfast.
"SALVAGE YARD" shall mean an establishment where used and disused goods, wares,
merchandise, vehicles, articles or things are dismantled or stored for further use. This definition
may include a junk yard, a scrap metal yard or an automobile wrecking yard and retail sales
incidental to the foregoing main uses.
"SCHOOL" shall mean:
"SCHOOL, TRADE" shall mean a building or part of a building used for training in specific
trades, skills or crafts.
"ELEMENTARY SCHOOL" shall mean an establishment, including outdoor areas, where
academic instruction in a full range of the subjects of the elementary school courses of
study is provided under the jurisdiction of a school board established by the Province of
Ontario for students up to, and including grade 8.
"PRIVATE SCHOOL" shall mean an establishment, including outdoor areas, where
academic instruction in a full range of the subjects of the elementary or secondary school
courses of study is provided.
"SECONDARY SCHOOL" shall mean an establishment, including outdoor areas, where
academic instruction in a full range of the subjects of the secondary school courses of
study is provided under the jurisdiction of a school board established by the Province of
Ontario for students in grade 9 and higher.
"POST-SECONDARY SCHOOL" shall mean a public school primarily for the instruction
of students or adults receiving a post-secondary education and, without limiting the
generality of the foregoing, includes an adult retraining school, a community college and
a university.
"SELF STORAGE UNITS" shall mean a building consisting of individual, small, self-contained
units with individual access, that are leased or owned for the storage of business and household
goods. Outside storage of motor vehicles and recreational vehicles is permitted as an accessory
use to the principle use.
"SETBACK" shall mean the least horizontal dimension between a property line and the nearest
wall of any building or structure on the lot.
"SEWAGE TREATMENT PLANT" shall mean area of land, building or part of a building or
structure including a lagoon, stabilization pond or basin, approved by the Province where
domestic or industrial liquid waste is treated.
"SIGHT (OR DAYLIGHT) TRIANGLE" shall mean the triangular space formed by the street lines
of a corner lot and a line drawn from a point on one of the said street lines to a point on the other
said street lines, each said point being measured a specific distance from the point of intersection
of the said street lines.
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"SIGN" shall mean a name, identification, description device, display, or illustration which directs
attention to an object, product, place, activity, person, institution, organization or business. All
signs shall be in accordance with the County's Sign By-law, as amended from time to time.
"SPECIAL EVENT SALES" shall mean the use of land, buildings or structures for the purpose
of a show or event, the principle intent of which is the retail sale of goods, wares, merchandise,
substances, articles or things to the public for a short term. Short term, for the purposes of this
definition, shall mean no longer than 3 days of consecutive duration or 10 days total duration
during any calendar year for any specific individual sale.
"STACKING LANE" shall mean a continuous on-site queuing lane that includes tandem
parking spaces for motorized vehicles which is separated from other vehicular traffic and
pedestrian circulation, by barriers, markings or signs.
"STACKING SPACE" shall mean a motor vehicle space which provides standing room for
vehicles in a queue for a drive-through.
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"STOREY, FIRST" shall mean the storey with its floor closest to finished grade and having its
ceiling more than 1.8 metres above finished grade.
"STOREY" shall mean the portion of a building which is situated between the top of any floor and
the top of the floor next above it, and if there is no floor above it, the portion between the top of
such floor and the ceiling above it.
"STREET CENTRE-LINE" shall mean a line drawn parallel to and equidistant from the limits of
a road allowance as originally laid out prior to any subsequent road widening.
"STREET LINE" shall mean the limit of the street allowance and is the dividing line between the
lot and a street.
"STREET, IMPROVED" shall mean a street, excluding a private road or private right-of-way, as
defined herein which has been constructed and is maintained in such a manner so as to facilitate
its year-round use by automotive traffic and is intended to provide automotive access to abutting
land.
"STREET" or "ROAD" shall mean a public highway or public road or an open road allowance
owned and maintained by the County or the Province of Ontario. A public or private road or private
right-of-way shall be considered a street or road, notwithstanding ownership, for the purposes of
this by-law.
"ARTERIAL ROAD" shall mean a road that is generally recognized as the principal traffic
thoroughfare within the County. Direct access to arterial roads should be limited and
means of alternative access should be investigated for all new development or
redevelopment adjacent to an arterial road. Arterial roads are identified on Schedule F of
the County Official Plan.
"COLLECTOR ROAD" shall mean a road that distributes traffic from the arterial road
network to local roads. Direct access to a collector road is permitted. Collector roads are
identified on Schedule F of the County Official Plan.
"LOCAL ROAD" shall mean a road that distributes traffic from collector roads to individual
properties. Local roads are identified on Schedule F of the County Official Plan.
"PRIVATE ROAD" or "PRIVATE RIGHT-OF-WAY" shall mean a road that is not owned
or maintained by the County but are under private ownership and provide vehicular access
to more than one property.
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"STRUCTURE" shall mean anything constructed or erected, on a permanent or temporary basis,
the use of which requires location on or in the ground, or attached to something having location
on or in the ground but excluding an underground servicing facility.
"SUPERMARKET" shall mean a building or part of a building in which a balanced line of goods
such as canned, bottled, packaged and frozen foods, fresh meat and poultry, fish, fresh fruits and
vegetables, prepared food products, bakery products, dairy products, candy and confectionery
and other food products are sold. In addition, newspapers, magazines, paper products, soft
drinks, tobacco products, health and beauty aids, housewares, flowers and plants and other non-
food articles may be sold. Services may also be offered for sale provided they are subordinate
to the main use.
"SWIMMING POOL SALES AND SERVICE ESTABLISHMENT" shall mean an establishment
for the sales and display of swimming pools, hot tubs, saunas and similar structures and
accessory goods related to the care and maintenance of such structures, and which may include
outside display of merchandise.
"TAXI ESTABLISHMENT" shall mean a lot or building used as a dispatch office or an area, site
or location used for the parking of taxis and/or limousines when not engaged in transporting
persons or goods, but does not include the servicing or repair of vehicles.
"TENT AND TRAILER PARK" shall mean an area of land used for camping or for the parking of
recreational vehicles for vacationing or recreational purposes and shall include the storage of
such vehicles over the winter months.
"THERMAL DESTRUCTOR" shall mean an incinerator or a furnace for the burning of refuse and
industrial by-products or residues.
"TOP OF BANK" shall mean a location inland from the lake which is the greater of:
i) the first break, from the lake, in the slope of the cliff, bluff or bank, or
ii) a point measured inland from the toe of the cliff, bluff or bank which is three times the
height of the of the cliff, bluff or bank.
"TOURIST CABIN" shall mean a detached, furnished building providing temporary rental
accommodation for one or more guests, in which cooking, eating, sleeping and sanitary facilities
are provided, for use mainly by the vacationing public.
"TOWING ESTABLISHMENT" shall mean the use of land, building or structure, or part thereof,
for the keeping of tow trucks, and to which disabled or impounded motor vehicles or mobile
equipment are taken or towed and stored temporarily until reclaimed, but shall not include an
Automobile Body Shop, Automobile Service Station or a Salvage Yard."
"TRAINING AND REHABILITATION CENTRE" shall mean a building or part of a building
wherein facilities are provided and operated by social, public and private agencies for the
rehabilitation and training of socially, physically or psychologically disabled persons or those with
addictive behaviour and may include living quarters for such persons.
"TRUCK TERMINAL" shall mean a building or place where trucks or transports are rented,
leased, kept for hire, stored, parked or dispatched for hire as common carriers.
"UTILITY SERVICE BUILDING" shall mean a building or structure used in connection with the
supplying of local utility services and may include: water or sewer pumping station, water storage
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DEFINITION
reservoir, gas regulator building, hydro sub-station, telephone repeater or exchange building,
sewage or water treatment plant.
"VEHICLE SALES AND/OR RENTAL ESTABLISHMENT" shall mean an establishment having
as its main use the storage and display of vehicles for sale, rent or lease. Accessory uses include
facilities for the repair or maintenance of such vehicles and a body shop.
"VEHICLE" shall mean an automobile or motorized transport used for carrying passengers or for
transporting goods and may include: a farm implement, recreational vehicle, snowmobile or
marine craft.
"VEHICLE, MOTOR" shall means an automobile, motorcycle, motor assisted bicycle, unless
otherwise indicated in the Highway Traffic Act, and any other vehicle designed to be propelled
or driven other than by muscular power, but does not include a street car or other motor
vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, farm
implements or road building machine within the meaning of the Highway Traffic Act, as
amended.
"VEHICLE, COMMERCIAL MOTOR" shall mean a motor vehicle:
a) Which for the purposes of the Highway Traffic Act, has a registered gross weight of more
than 3,629 kilograms; or
b) Which has a height greater than 2.2 metres; or
c) Which has a length greater than 6.7 metres; or
d) Which is a truck tractor capable of hauling trailers on the highway; or
e) Which is a trailer hauled by truck tractor but does not include a mobile home.
"VEHICLE, RECREATIONAL" shall mean vehicle designed and intended to be used for
recreational purposes and includes, without limiting the generality of the foregoing, motor homes,
recreational vehicles, trailers, campers, all-terrain vehicles or motorized snow vehicles, but
excludes bicycles, motorcycles, and motor assisted bicycles.
"WAREHOUSE" shall mean a building used for the storage and distribution of goods and
equipment including self-storage units and mini-warehouses and may include one accessory
dwelling unit for a facility manager.
"WASTE DISPOSAL SITE" shall mean any land upon, into or through which waste is deposited
including the processing and any machinery or equipment or operation for the treatment or
disposal of waste.
"WASTE PROCESSING FACILITY" shall mean lands, buildings or structures in or upon which
waste is shredded, baled, pulverized, composted, separated or otherwise treated or altered to
facilitate its further transfer, processing, utilization or disposal, and in accordance with a Certificate
of Approval issued by the Ontario Ministry of the Environment where such certificate is required.
"WASTE RECYCLING CENTRE" shall mean land and one or more buildings where recyclable
material is received from a generator of waste for the purpose of sorting and consolidating, and
resale or delivery to another location. The outdoor storage of recyclable material is not permitted.
"WASTE TRANSFER SITE" shall mean lands where waste is collected and temporarily stored
so that it can be batched and shipped to a recycling centre or waste disposal site.
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DEFINITION
"WATERBODY" shall mean a natural or artificial body of water, but does not include water
confined within a structure or building.
"WATERCOURSE" shall mean a natural or human-made channel for a perennial or intermittent
stream of water such as a creek, river, ditch or drain.
"WHOLESALE OUTLET" shall mean an establishment in which goods, wares, merchandise,
substance, articles or things are offered or kept for sale in large quantities for wholesale to retail
establishments.
"YARD" shall mean the space between a building or structure on a lot and the lot lines of the lot.
Any yard requirement herein is expressed as a horizontal linear distance perpendicular to a lot
line. Where yards meet at a corner greater than 180 degrees, measured from the inside of the
property, the yards shall extend to the point of intersection of the adjoining yard. A required yard
shall be the distance from the lot line to the extent specified by this By-Law.
"FRONT YARD" shall mean a yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of the main building on the lot.
"REAR YARD" shall mean a yard extending across the width of the lot, exclusive of any
exterior side yard, between the rear lot line and the nearest part of the main building on
the lot. If a lot has only three lot lines and there is no rear lot line, the rear yard shall be
the area extending across the full width of the lot, between the apex formed by the side
lot lines and the nearest part of any excavation or main building on the lot.
"INTERIOR SIDE YARD" shall mean a yard extending from the front yard to the rear yard
and from the interior side lot line to the nearest part of the main building on the lot. A
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required interior side yard shall extend from the required front yard to the required rear
yard.
"EXTERIOR SIDE YARD" shall mean a yard abutting a street, and extending from the
front yard to the rear yard and from the exterior side lot line to the nearest part of the main
building on the lot. A required exterior side yard shall extend from the required front yard
to the rear lot line.
"ZONE" shall mean a designated area of land shown on the zoning maps.
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SECTION 4
GENERAL PROVISIONS
4
General Provisions
4.1
Accessory Retail Uses
Where an accessory retail use is permitted in association with a non-residential use as indicated
in this By-law, the following provisions shall apply:
a) accessory retail uses shall be clearly subordinate, and clearly related to the primary use
of the lot and principal building or structure;
b) accessory retail uses shall consist primarily of the sale of goods manufactured or stored
on the premises;
c) the gross floor area of a permitted accessory retail use shall be a maximum of 15% of the
gross floor area of the principal building; and
d) parking shall be provided at 50% of the requirement set out within Section 5.0, and shall
be in addition to the parking spaces required for the primary use of the lot.
4.2
Accessory Uses, Buildings and Structures to Residential Uses
No building, or structure which is accessory to any permitted residential use in any zone shall:
a) be established on any lot until or unless the main building or use to which it is accessory
is established;
b) exceed a building height of 4.5 metres in the R1, R2, R3, R4, R5, R6 and RL zones and
6.5 metres in all other zones where the use is permitted;
c) occupy any part of a required exterior side yard or required front yard;
d) be nearer than 1.0 metres of a lot line within an interior side yard or rear yard or 1.0 metres
of an interior lot line within a front yard;
e) be nearer than 1.0 metre of an interior lot line within a rear yard except:
i) in the case of a mutual private garage or a mutual boathouse in the rear yard on a
common interior side lot line, no setback is required,
ii) in the case of a lot line abutting a navigable watercourse, no setback is required for a
boathouse, dock, pier or wharf where the boathouse, dock, pier or wharf abuts the
watercourse;
f) occupy more than 10% of the lot area to a maximum of 75 square metres of building area,
whichever is lesser, for all accessory buildings or structures together, in the R1, R2, R3,
R4, RL residential Zones; 100 square metres of building area on those lots measuring 0.4
hectares or less in all other zones where the use is permitted, and 200 square metres of
building area on those lots measuring 0.4 hectares or more in all other zones where the
use is permitted. Swimming pools shall not constitute a structure for the purposes of this
provision; A detached Additional Dwelling Unit area shall be included within the total lot
coverage for a property.
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g) be permitted for an additional dwelling unit which is permitted on the lot in accordance with
this By-law;
h) be used for human habitation or an occupation for gain or profit, unless otherwise
permitted by this By-law;
i) have any portion of the eaves closer to the lot line than half of the required setback; and
j) a detached pergola or similar structure less than 16 square metres in area is not subject
to
the
provisions
of
4.2
'a'
to
"i".
4.3
Accessory Uses, Buildings and Structures to Non-Residential Uses
No building or structure, excluding a sign, which is accessory to any non-residential use in any
zone shall:
a) contravene any zone provisions for the zone in which the building or structure is located
except:
i) a building or structure used as a gatehouse or kiosk for parking attendants or security
personnel which may be erected in any required setback from a street provided such
building or structure is located at the ingress or egress to the lot, no nearer than 3.0
metres to any street line and provided it does not exceed 20 square metres in area;
b) be established on any lot until or unless the main building or use to which it is accessory
is established;
c) be used for human habitation or an occupation for gain or profit, unless otherwise
permitted by this By-law; and
d) a detached pergola or similar structure less than 16 square metres in area is not subject
to the provisions of 4.3 'a' to 'c'.
4.4
Auction Centre
An auction centre shall be subject to the following provisions:
a) there shall be no outdoor storage of goods, wares, merchandise, substances, articles or
things except on the day of an auction sale provided that only those goods, wares,
merchandise, substances, articles or things intended for sale by auction are stored or
displayed;
b) no land shall be used for auction centre purposes until or unless a building intended for
an auction centre use has been established on the lot; and
c) notwithstanding the above, a temporary one day auction may be permitted on any property
provided it is conducted no more than once a year.
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4.5
Automobile Gas Stations and Gasoline Pump Islands
The following provisions shall apply to automobile gas stations, including a gasoline pump island
or any kiosk or canopy associated therewith, where permitted by this by-law:
a) no portion of the gasoline island or kiosk may be located closer than 5.0 metres to any lot
line or 3.0 metres to any sight triangle;
b) the outer edge of any canopy may be located no closer than 1.0 metre to any lot line and
provided the support columns of any canopy are located no nearer than 5.0 metres to any
lot line or within a sight triangle;
c) the minimum lot frontage for an interior lot shall be 30.0 metres;
d) the minimum lot frontage for a corner lot shall be 40.0 metres;
e) the distance between driveways providing access to a lot shall be a minimum of 9.0
metres, except that on a corner lot, no driveway shall be located closer than 9.0 metres of
the intersection of the street line, subject to the yard requirements of the zone;
f) each driveway shall have a maximum width of 9.0 metres and the interior angle formed
between the lot line and centerline of the driveway must be between seventy (70) and
ninety (90) degrees; and
g) no driveway shall be located within 3.0 metres of a side lot line.
4.6
Backyard Hens
The housing of hens shall be permitted on a lot in the Hamlet Residential (RH) or Agricultural (A)
zone subject to the following provisions:
a) The minimum lot area shall be 0.4 hectare;
b) A maximum of four (4) hens may be kept per lot;
c) All hens are to be kept within an enclosed building or structure located in the rear yard;
d) Required enclosures are permitted to a maximum size of 10 square metres and 3 metres
in height;
e) Required enclosures shall be setback a minimum of 3 metres from all side and rear lot
lines;
f) Required enclosures shall be setback a minimum of 20 metres from all dwellings on
adjacent properties;
g) All feed is to be stored secured from rodents outside of any required enclosure;
h) The slaughtering or processing of hens is prohibited on site;
i) The keeping of roosters is prohibited on site;
j) The sale of eggs is permitted, while the sale of manure and/or other products is prohibited
on site;
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k) Manure is to be disposed of properly and is not permitted to be stored on site;
l) The owner of the backyard hens must reside on the lot where the backyard hens are kept.
Where a property is rented or leased, tenants must obtain written consent from the owner
to keep backyard hens on the owner's property; and
m) All keepers of backyard hens must obtain a registration with the Ontario Chicken
Marketing Board Small Flock Policy.
4.7
Bed and Breakfast Establishments
Bed and breakfast establishments shall be subject to the following provisions:
a) a bed and breakfast establishment shall be permitted only in the zones indicated in this
By-law and shall be clearly accessory to the main residential use and shall not change the
residential character of the principal dwelling unit;
b) the dwelling unit in which the bed and breakfast establishment exists is occupied by the
operator of the bed and breakfast establishment, and employment associated with the bed
and breakfast establishment is restricted to members of the dwelling unit and a maximum
of one (1) outside employee is permitted;
c) a maximum of three (3) bedrooms may be made available for guests for the first 140
square metres of gross leasable floor area. One (1) additional room is permitted for each
additional 23 square metres of gross leasable floor area, up to a maximum of 10 guest
rooms for those properties measuring 0.4 hectare or greater, and up to a maximum of 5
guest rooms for those properties measuring less than 0.4 hectare;
d) a minimum of one (1) additional parking space per guest room is required;
e) one (1) of the required parking spaces may be provided by means of a tandem parking
space;
f) a minimum of 40% of the front yard of a lot used for the purpose of a bed and breakfast
shall be provided and maintained as landscaped open space and such open space shall
not be utilized for parking space and/or driveway purposes;
g) a dining room is permitted but is restricted to use by patrons of the bed and breakfast
establishment only;
h) site plan control shall apply to those establishments of 4 guest rooms or greater;
i) accessory retail uses are permitted but are restricted to a maximum of 10% of floor area
used for the bed and breakfast establishment, including common areas;
j) within a Commercial Zone, the bed and breakfast establishment is not permitted on the
ground floor adjacent to the street; and
k) a bed and breakfast establishment or guest house shall not be permitted on a lot which
has frontage on and access to a private street.
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4.8
Campgrounds, Tent and Trailer Parks
Where permitted by this By-law, campgrounds and tent and trailer parks shall be in accordance
with the following provisions:
a) unless otherwise specified herein, every building, structure, trailer or designated camping
area shall comply with the minimum yard requirements of the applicable zone;
b) the minimum lot area shall be 40,000 square metres (4.0 hectares);
c) every individual camp site shall have:
i) a minimum width of 9 metres and a minimum area of 185 square metres; and
ii) have a minimum of one parking space located on the lot.
d) accessory commercial uses, including accessory retail uses, a laundromat, as well as
required parking, shall not exceed 1,000 square metres;
e) a single accessory dwelling unit shall be permitted on the lot;
f) a minimum of 5% of the lot area shall be used for outdoor recreation facilities;
g) designated camping area shall have access by a lane, road, or driveway having a
minimum unobstructed width as follows:
i) where two-way traffic is permitted - 7.5 metres; and
ii) where one-way traffic is permitted - 3.5 metres.
h) recreational vehicles shall not be occupied on an overnight basis between October 31st
and April 15th in any year;
i) campgrounds and tent and trailer parks shall be subject to Site Plan Control and enter into
a site plan control agreement with the County. Lot development consisting of the
construction of decks and patios or trailer replacement, shall not be subject to Site Plan
Control; and
j) campgrounds and tent and trailer parks shall meet the requirements of any by-law and
amendments thereto passed by the County in accordance with the provisions of the
Municipal Act, as amended, or any successor legislation thereto and where there is a
conflict between any such by-law and this by-law, the by-law having the more stringent
provisions shall apply.
4.9
Cannabis Production Facility
Any cannabis production facility shall be subject to the following provisions:
a) a cannabis production facility shall be permitted in the following zones: A, MH, MG, ML,
MR, MD, MX
b) a cannabis production facility will be subject to site plan control pursuant to Section 41 of
the Planning Act;
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c) in addition to the requirements of this Section, a cannabis production facility shall comply
with all zone provisions of the zone it is located within;
d) a cannabis production facility shall be subject to the following setbacks:
Setback to any
Residential,
Commercial,
Institutional or
Open Space Zone
Setbacks to the following
uses located on a
separate lot: a dwelling,
dwelling house, dwelling
unit, day nursery, school,
community centre, place
of entertainment, place of
assembly, place of
worship, long term care
home, retirement home,
campground, tent & trailer
park or cultural facility
Setback to any
settlement area
boundary
A cannabis production facility
with a total gross floor area less
than 6,967 square metres and
with an air treatment control
system
150 metres
150 metres
150 metres
A cannabis production facility
with a total gross floor area
greater than 6,967 square
metres and less than 9,290
square metres and with an air
treatment control system
200 metres
200 metres
200 metres
A cannabis production facility
with a total gross floor area
greater than 9,290 square
metres and with an air treatment
control system
250 metres
250 metres
250 metres
A cannabis production facility of
any size where an air treatment
control system is not provided
300 metres
300 metres
300 metres
e) the parking requirement for a cannabis production facility shall be 1 parking space per 100
square metres of gross floor area;
f) outdoor storage is prohibited on a property on which a cannabis production facility is
located;
g) no outdoor signage or advertising shall be permitted;
h) where a cannabis production facility is located on a lot, no other use shall be permitted on
the lot or within the building as a whole, other than the growing of agricultural crops and/or
a single detached dwelling;
i) the minimum lot area must be greater than 4.0 hectares;
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j) minimum setback for all structures associated with a cannabis production facility is 30
metres from all property lines;
k) a building or structure used for security purposes for a cannabis production facility may be
located in the front yard and does not have to comply with the required minimum front yard
setback;
l) loading spaces for a cannabis production facility must be in a wholly enclosed building;
m) all uses and activities associated with the cannabis production facility, with the exception
of growing, must take place entirely within a building.
4.10 Cargo Containers used for Storage Purposes
Where a cargo container is used for the purpose of storage accessory to a principal use, the
following provisions shall apply:
a) a cargo container may not be located in any Residential zone;
b) a cargo container may only be located in the rear yard and must comply with the rear yard
provisions of the zone in which the cargo container is located; and
c) other than the rear yard requirement as set out in subsection b) above, the placement of
a cargo container shall comply with Section 4.2 or 4.3, whichever is applicable.
d) A storage container may be used on a temporary basis accessory to a residential use for
renovations or moving purposes for a period of no longer than 60 days while maintaining
a minimum setback of 1.2 metres from the front and site lot lines.
4.11 Carports
a) A carport may be constructed in a residential zone provided that the following provisions
are satisfied:
i) it is attached to the house to which it is accessory;
ii) it is entirely open, except for supporting poles, on at least two sides;
iii) it is built over the driveway;
iv) the building, including the eave overhang, maintains a minimum setback from any lot
line of 0.6 metres;
v) it does not exceed a length of 7.5 metres; and
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b) it complies with the height limit for an accessory building or structure as set out in Section
4.2. Notwithstanding subsection v), eaves may protrude up to 0.15 metres into the
required side yard width or setback.
c) Where a carport maintains a setback from an interior lot line of 1.2 metres or greater, the
maximum length of a carport as set out in subsection v) shall not apply.
4.12 Commercial Greenhouse
The following provisions shall apply to a commercial greenhouse, where it is permitted by this By-
law:
a) a commercial greenhouse is a facility that measures 23,226 square metres or greater in
size;
b) the following regulations shall apply to all buildings and structures associated with a
commercial greenhouse:
i) the minimum lot frontage shall be 120 m;
ii) the minimum front yard setback shall be 30 m;
iii) the minimum side yard setback shall be 15 m or 30 m from the nearest dwelling on a
separate lot, whichever is greater;
iv) the minimum rear yard setback shall be 15 m or 30 m from the nearest dwelling on a
separate lot, whichever is greater; and
v) the maximum lot coverage shall be 80%.
c) notwithstanding a) iii), iv) and v), the setback for all commercial greenhouse buildings and
structures from all Residential Zones shall be 300 m;
d) packing, shipping and loading facilities shall be located a minimum of 15 m from all lot
lines or 30 m from the nearest dwelling on a separate lot, whichever is greater;
e) driveways and parking areas shall be located a minimum of 7.5 m from any side or rear
lot line;
f) waste management facilities shall be located a minimum of 7.5 m from all lot lines or 30
m from the nearest dwelling on a separate lot, whichever is greater; and
g) commercial greenhouses are subject to Site Plan Control under Section 41 of the Planning
Act.
4.13 Phased Condominiums
Phased Registration of Condominiums - Internal lot lines created by phased registration of a plan
of condominium shall not be construed to be lot lines for the purpose of zoning regulations
provided that all such regulations as they apply to the whole of the lot existing prior to any
condominium plan registration are met.
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4.14 Conversion of a Vacation Home Dwelling for Permanent Occupancy
Notwithstanding Provision 4.41.7, the conversion of a vacation home dwelling or seasonal
dwelling, for permanent occupancy as a single detached dwelling may be permitted provided that:
a) the lot is serviced by a potable water supply;
b) the lot is suitable for an on-site sewage system permitted within the Ontario Building Code
on a permanent or temporary basis as approved by the County or Province, where
applicable, or where the lot is located within a defined sewer service area it shall be
serviced by a public sanitary sewage system;
c) the dwelling is located outside of areas impacted by natural hazards (areas subject to
flooding or erosion) and hazardous sites (unstable soils) as determined in consultation
with the County and appropriate Conservation Authority, and in accordance with Section
4.40 (Natural Environment Areas and Natural Hazard Lands);
d) the lot and any buildings thereon meet the minimum requirements prescribed for the
applicable zone;
e) the lot has frontage on an improved street as defined herein;
f) soft services, including waste collection and winter control, are provided to the lot; and
g) emergency access for County fire and paramedic services is available at all times as
confirmed by the Fire Chief.
4.15 Decks and Unenclosed Porches
a) The following shall apply to decks and unenclosed porches:
i) A deck or unenclosed porch having a maximum height of 0.3 m above finished grade
or less shall be permitted to encroach into any required yard setback without
restriction, provided it is located no closer than 1.0 m to the rear or interior side lot line
and no closer than 1.5 m to the front or exterior side lot line;
ii) A deck or unenclosed porch having a maximum height greater than 0.3 m above
finished grade shall be permitted to encroach up to 2.0 m into the required rear yard
or required exterior side yard, provided it is located no closer than 2.0 m from the
exterior or rear lot line. For interior side yards, it may not encroach further than the
required side yard setback. For the required front yard, the deck may encroach no
greater than 1.5 metres.
iii) No deck shall have a floor higher than the height of the floor of the first storey of the
main dwelling on the lot. Anything constructed above the first storey shall be
considered a balcony and is regulated under Section 4.20 of this By-law; and
iv) A deck or unenclosed porch on a sloping rear yard shall be no closer than 1.5 metres
from an interior lot line and 5 metres from the rear lot line, at the point where the deck
floor reaches or exceeds a height of 2 metres above the finished surface of the ground.
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b) Notwithstanding the above, where the rear lot line adjoins a water body or watercourse, a
deck or unenclosed porch may project to the limits of any natural hazard land or top-of-
bank setback.
4.16 Drive-Through Lanes and Stacking Spaces
A drive-through may be permitted in association with a commercial use, where it is permitted by
this By-law, provided that:
a) the minimum number of stacking spaces shall be in accordance Table 4.16:
Table 4.16: Minimum Number of Required Stacking Spaces
Permitted Use
Minimum Number of Required Stacking Spaces
Automatic drive-through car
wash
10 stacking spaces in advance of the car wash and 1 stacking
space at the terminus of each line
Non-drive-through or coin-
operated car wash
2 stacking spaces in advance of the car wash bay, excluding
the car wash bay
Restaurant, drive-through
10 stacking spaces in advance of each drive-through service
window or self-serve facility, including the space at the pick-up
window
All other uses with drive-
through service, such as a
financial institution or
pharmacy
3 stacking spaces in advance of each drive-through service
window or self-serve facility.
b) stacking spaces shall be 5.6 m in length and 3.0 m in width. In the case of a car wash
intended for commercial vehicles or buses, stacking spaces shall be a minimum of 10.0
m in length and 3.5 m in width;
c) a stacking lane shall not be permitted to abut a Residential, Parks and Open Space, or
Institutional Zone;
d) stacking lanes or stacking spaces shall not be located within a required minimum front
yard or required minimum exterior side yard;
e) stacking lanes and stacking spaces shall not be located within a parking area or parking
aisle, and shall not obstruct parking spaces;
f) a drive-through shall not be permitted in association with a commercial use in the
Downtown Commercial Zone; and
g) a drive-through shall not be permitted in a Residential Zone.
4.17 Established Building Line
a) Where existing development on either side of a middle lot have legal non-conforming front
yard setback or exterior side yard setback for the zone, the front yard setback for the main
building on the middle lot may be reduced, provided all parking requirements are met, to
either:
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i)
the average of the yard depth or width, as applicable, of the main building on each of
the other two lots, if both are non-complying, or 3.0 metres, whichever is greater; or
ii) the average of the yards of the main building on the non-complying lot and the yard depth or
width, as applicable, of the applicable zone if only one adjacent lot is non-complying, or 3.0
metres, whichever is greater.
b) Where the main building on the lots on either side of the middle lot have a setback greater
than the minimum front yard setback for the zone, the required front yard setback of the
main building on the middle lot shall be the average yards of the dwellings on the other
two lots.
c) Where the existing front yard setback for a main building is less than the required front
yard setback for the zone, an addition to the side of the building within an interior side yard
may be extended into the required front yard to the extent of the legal non-conforming
front yard provided that the said addition complies with all other provisions of this by-law.
4.18 Exemptions from Height Provisions
The height provisions of this by-law shall not apply to the following uses, buildings or structures:
a) belfry, spire, clock tower, steeple, dome, cupola, or flag pole;
b) chimney or stack;
c) radio, television or tele-communication tower/antennae;
d) aids to navigation;
e) electrical transmission tower and pylon;
f) water storage structure;
g) buildings and structures used for agriculture, such as a: barn, silo, drying elevator or tower,
fire training tower, kiln, windmill, grain elevator;
h) elevator enclosure or mechanical penthouse occupying not more than 10 percent of the
area of the roof of a building on which it is located;
i) machinery for the moving of industrial and extractive materials and housing frames and
structures for such machinery;
j) construction crane;
k) ornamental structure; and
l) hospital.
4.19 Exemptions from Servicing Provisions
a) Zone provisions requiring connection to a public water supply system and a public sanitary
sewer system shall not apply to:
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i) existing single detached dwellings on a lot of record if such services are not available;
or
ii) a mobile food premises, campground, temporary sales and rental office, temporary
construction trailer or gatehouse kiosk, or similar uses.
b) A public sanitary system does not include a communal sewage treatment system.
4.20 Exemptions from Yard Provisions
Except as otherwise provided herein, every part of any required yard shall be open and
unobstructed by any building or structure from the ground to the sky except that:
a) sills, belt courses, cornices, chimneys, bay windows, pilasters, hydro meters or gas metres
may project into any required yard or setback area a distance of not more than 0.65
metres;
b) eaves or gutters for other than an accessory building may project into any required yard
or setback area a distance of not more than 0.65 metres;
c) eaves or gutters of an accessory building may project into any required yard or setback
area a distance of not more than 0.3 metres;
d) canopies, awnings, or steps may project into any required rear yard, front yard or exterior
side yard area a distance of not more than 1.5 metres;
e) balconies may project into any required rear yard, front yard, interior side yard or exterior
side yard area a distance of not more than 1.5 metres provided they are no closer than
3.0 metres from a front yard lot line, exterior lot line or interior lot line and 6.0 metres from
a rear lot line;
f) window or wall-mounted furnaces, heat pumps, gas fireplace vents, outdoor free-standing
air conditioning units, and generators may project into any required rear yard, interior side
yard, or exterior side yard a distance of not more than 1.5 metres and provided it is no
closer than 6.0 m to a rear lot line or 1.5 m to an interior or exterior lot line; and
g) for entrances above 0.6 metres, including landings, above or below grade entrances or
staircases may project into any required rear yard, or exterior side yard area a distance of
not more than 1.5 metres; into a required front yard not more than 2.0 metres; and into an
interior side yard but must maintain a setback of 1.2 metres.
h) a stair encroachment of 3 risers, to a maximum of 0.6 metres, may be permitted.
4.21 Film Production
The following provisions shall apply to film production uses:
a) all buildings and structures relating to film production shall comply with the Ontario
Building Code, as amended from time to time;
b) film production and any activities associated with film production shall comply with the
Haldimand County Noise By-law, as amended from time to time;
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c) if film production is proposed to take place on Provincially or County owned property, the
film production shall comply with the Procedural Manual - Haldimand County Filming
Guidelines and Filming Permits policy, as amended from time to time;
d) prior to film production taking place on a piece of land, the production company shall
submit an information package for approval by the General Manager of Community &
Development Services consisting of the following:
i)
filming schedule including specifications on days and hours of operation;
ii) a traffic management and parking control plan if more than 12 production vehicles are
used at one filming location;
iii) a filming site map;
iv) a list of gunfire, explosives, bombs/mock ups, flash power, detonators, flammable
liquids / materials, the filming of dangerous stunts, and intent to use guns;
v) an emergency measures / response plan;
vi) a lighting plan that identifies sources, impacts and timing of lighting;
vii) a description of noise that identifies sources and intensities of noise as well as when
those would occur;
viii) a copy of all notification letters to residents and businesses; and
ix) written approval from the appropriate Conservation Authority if filming is proposed to
occur on lands regulated by a Conservation Authority or on lands zoned as Wetland
(W).
4.22 Mobile Food Premises
A mobile food premises may be operated on a temporary basis on a County-owned property, in
all zones, excluding Residential zones, provided that such mobile food premises is erected and/or
operated in association with a Council approved special event.
4.23 Frontage on an Improved Street
No building or structure shall be erected, altered or enlarged on any lot in any zone unless it meets
one of the following requirements:
a) the lot has the minimum required lot frontage on an improved street;
b) the lot will have frontage on a future public street that is currently being constructed
pursuant to a Subdivision Agreement or other Development Agreement with a public
agency;
c) the lot is legally tied to a common element condominium having frontage on a
condominium common element road that provides direct access to a public street or which
connects with another condominium common element road having access to a public
street;
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d) the lot is legally tied to a common element condominium having frontage on a future
condominium common element road that is currently being constructed pursuant to a
Condominium Agreement or other Development agreement with a public agency that
provides direct access to a public road or which connects with another condominium
common element road having access to a public street; and
e) notwithstanding the above provisions, a lot with access via a private road or private right-
of-way which contains an existing permitted use, shall be permitted to have an accessory
building or structure, subject to subsection 4.2.
4.24 Garden Suites
A garden suite may be permitted by way of a development agreement with the County, and in
accordance with the following provisions:
a) only one garden suite shall be permitted per lot;
b) the following locational criteria shall be satisfied:
i) the garden suite shall be located on the same lot as a single detached dwelling that is
legally permitted within the zone;
ii) the suite is not placed in the front yard of the house or the required front yard as set
out in the Zoning By-law;
iii) the garden suite is well removed from potential land use conflicts such as animal
operations and operating pits or quarries;
iv) the garden suite is sited near the principal farm residence or existing dwelling;
v) the garden suite does not require additional separate access to a municipal road;
vi) the proposed site is capable of being connected to municipal services or can
accommodate a water supply system and is serviced by an on-site sanitary sewage
system designed and installed as per the Ontario Building Code;
vii) the location of the unit shall have regard to the Minimum Distance Separation
formulae, from livestock facilities on adjacent properties; and
viii) there is adequate on-site parking.
c) initial permissions for a garden suite shall be for no longer than ten (10) years,
calculated from the date of issuance of a building permit; with extensions permitted on a
three (3) year basis to a maximum of twenty (20 years);
d) the garden suite shall be located on the same lot as a principal residential use building
which shall be a single detached dwelling that is legally permitted within the zone;
e) where a garden suite is located on a lot, a bed and breakfast establishment, group
home, rooming house additional dwelling unit, or home occupation shall be prohibited on
the same lot; and
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f)
Where a garden suite is to be permitted, an implementing development agreement is
required.
4.25 Ground Floor Elevation
a) The minimum elevation of the ground floor of any building and any addition to a building
shall be 176.5 metres above sea level, Geodetic Survey of Canada datum within:
i) Lots 21 to 24 inclusive, Concession One, former Township of Woodhouse,
ii) Lots 1 to 24 inclusive, Concession One, former Township of Walpole.
b) Notwithstanding subsection 4.25 a) the following exceptions shall apply:
i) accessory buildings and attached private garages,
ii) boathouses,
iii) buildings or parts of buildings used for boat maintenance, repair, display or storage.
c) When a building is raised, subsections 4.25 a) and 4.25 b) shall apply notwithstanding the
definition of alter contained herein.
4.26 Group home Dwellings
The following provisions shall apply to a group home dwelling, where it is permitted by this by-
law:
a) the group home dwelling shall be permitted in a single detached dwelling, where it is
permitted by this By-law, and provided that it complies with the regulations of the zone
within which the group home is located;
b) a group home dwelling shall comprise the sole use of the dwelling;
c) parking for a group home dwelling shall be provided in accordance with Section 5.0;
d) approval of a Planning Act application shall be required to accommodate a group home
dwelling accommodating more than 6 persons, to a maximum of 10 persons (exclusive of
supervisory or attendant staff); and
e) any existing group home dwelling which satisfies Provincial standards of operation but
which fails to comply with the requirements of this By-law on the date that this by-law
comes into effect, will be allowed to continue in operation, but will not be permitted to
increase its number of occupants (exclusive of supervisory or attendant staff). Physical
building expansion that otherwise complies with the provisions of this by-law shall be
permitted.
4.27 Home-Based Business
4.27.1 Home-Based Business, Home Office
A home office shall be subject to the following provisions:
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a) home office is permitted in a zone, where a home office is a permitted use.
4.27.2 Home-Based Business, Home Occupation
A home occupation shall be subject to the following provisions:
a) home occupation is permitted in a zone, where a home occupation is a permitted use;
b) teaching classes shall be restricted to a maximum of four (4) students;
c) day care nursery shall be limited to the number of children as permitted in the Child Care
and Early Years Act, 2014;
d) no home occupation shall occupy more than 25 percent of the dwelling unit in which it is
located up to a maximum of 50 square metres;
e) no home occupation or combination of home occupations shall occupy more than a
combined total of 50 square metres of dwelling unit and accessory building area;
f) retail sales of products produced on the premises or those products directly associated
with the home occupation are permitted but are restricted to a maximum of 15% of total
gross floor area of the home occupation;
g) a maximum of one (1) outside employee is permitted on a given shift;
h) the minimum parking requirements identified in Section 5.0;
i) a minimum of one (1) additional parking space is required for any outside employee; and
j) outdoor storage of goods is prohibited.
4.27.3 Home-Based Business, Home Industry
A home industry shall be subject to the following provisions:
a) home industry is permitted in a zone, where a home industry is a permitted use;
b) there shall be no goods, wares or merchandise, other than crafts produced on the
premises, offered or exposed for sale or rent on the premises;
c) a home industry, or combination of home industries on a lot, is permitted to a maximum
size of 100 square metres on those lots measuring 0.4 hectare or less;
d) a home industry, or combination of home industries on a lot, is permitted to a maximum
size of 200 square metres on those lots measuring greater than 0.4 hectares;
e) no home industry shall occupy any portion of a dwelling except an attached garage;
f) outdoor storage is permitted but shall be screened from view of the street and adjacent
properties by a visual barrier with a minimum height of 1.8 metres;
g) no home industry shall be located in a building which is closer than 30 metres from a
dwelling on an adjacent lot;
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h) a maximum of three (3) outside employees are permitted on a given shift;
i) the minimum parking requirements identified in Section 5.0;
j) a minimum of one (1) additional parking space is required per outside employee; and
k) all parking for a home industry shall be provided on site and no parking is permitted on
top of any portion of a septic system.
l) if a permitted use is considered commercial and adjacent to a provincial highway, all
requirements of the Ministry of Transportation must be complied with.
4.28 Household Sales
Household sales are permitted in any Residential Zone subject to the following conditions:
a) No more than two household sales are permitted in any given calendar year at one
location; and
b) No individual household sale will be more than two days in duration.
4.29 Intake Protection Zones
Notwithstanding any other provisions of this by-law to contrary, on any lot located within each of
the following geographic areas, as delineated on Schedule B, the following provisions shall apply:
a) the storage of commercial fertilizer and pesticides shall be prohibited within the Grand
River Intake Protection Zone 1 and Long Point Region Intake Protection Zones 1 and 2;
b) the development of future road salt facilities shall be prohibited within the Grand River
Intake Protection Zone 1, and Long Point Region Intake Protection Zones 1 and 2, unless
the road salt is contained in covered roof storage facilities and a salt impact assessment
and/or salt management plan has been completed in accordance with the applicable
Source Protection Plan;
c) the handling and storage of fuel greater than 2,500 litres shall be prohibited within the
Grand River Intake Protection Zone 1 and Long Point Region Intake Protection Zone 1;
d) the storage of dense non-aqueous phase liquids and organic solvents for industrial,
commercial or institutional purposes shall be prohibited within the Grand River Intake
Protection Zone 1 and Long Point Region Intake Protection Zone 1; and
e) all new developments with a discharge of stormwater from a stormwater management
facility located within Grand River Intake Protection Zones 1 and 2, and Long Point Region
Intake Protection Zones 1 and 2, are to include an integrated treatment approach for the
stormwater and a requirement to explore alternatives to conventional stormwater
management facilities in accordance with the applicable Source Protection Plan.
4.30 Landscaped Open Space
Landscaped open space shall be provided in accordance with the provisions of the zone in which
it is required, and shall be subject to the following general provisions:
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a) no part of any driveway, parking area, loading space, roof top terrace, or space enclosed
within a building, other than a green roof or landscaped area located above an
underground parking area, shall be considered part of any required landscaped open
space; and
b) except as otherwise provided herein, no part of any required front yard or required exterior
side yard shall be used for any purpose other than landscaped open space.
4.31 Landscaped Strip
In all Commercial and Mixed Use, Industrial and Institutional Zones, and Residential Zones where
an apartment dwelling is permitted, a landscaped strip shall be provided and maintained in
accordance with the following minimum requirements:
a) a landscaped strip shall be required in any yard:
i) abutting a Residential Zone or a Parks and Open Space Zone; and
ii) abutting a street, except for lands within the Downtown Commercial (CD) Zone.
b) the landscaped strip shall have a minimum width of 2.0 metres and consist of solid,
unpierced landscaping or fencing sufficient to screen such area;
c) the landscaped strip shall be provided along the entire length of the yard;
d) the landscaped strip shall be installed and maintained by the owner of the lot upon which
the landscaped strip is required;
e) landscaped strips shall not be required or permitted where a sight (or daylight) triangle is
required in accordance with Section 4.56 (Sight or Daylight Triangles);
f)
landscaped strips may be included in the calculation for minimum required landscaped
open space, as required by the zone provisions; and
g) where a landscaped strip is required abutting any lot line or elsewhere on a lot, nothing in
this By-law shall apply to prevent such landscaped strip from being traversed by walkways
or permitted driveways, except where prohibited in a required front yard.
4.32 Livestock in Residential Areas
No livestock shall be permitted to be kept in any Residential Zone.
4.33 Location of an Animal Kennel
i) An Animal Kennel shall not be located closer than:
a) 600 metres from an urban zone that permits a residential use;
b) 300 metres from an RH or RL Zone;
c) 125 metres from an IC, IN, IR, OS or A Zone or any residential use, including outdoor
amenity area, located on a separate lot, however this shall not apply to an abandoned
cemetery
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d) 30 metres from any lot line.
ii) The Minimum Lot Area for an Animal Kennel shall be 2.0 hectares.
iii) The minimum side yard setback shall be 15 metres or 30 metres from the nearest dwelling
on a separate lot, whichever is greater;
iv) The minimum rear yard setback shall be 15 mretres or 30 metres from the nearest dwelling
on a separate lot, whichever is greater; and
v) Notwithstanding the above setback provisions, if there is an existing dwelling on a separate
lot, the minimum separation distance is required to be 30 metres from the lot line.
vi) If a new dwelling is proposed on a separate conveyable parcel, the dwelling is required to
have a minimum setback of 15 metres from the lot line or at the locations furthest available
from the operating kennel.
4.34 Location of a Dwelling
a) No dwelling shall be erected or located on a separate lot within 125 metres of any animal
kennel or municipal animal kennel.
b) No dwelling shall be erected or located on a separate lot within the distances specified in
Section 4.9 d) as they relate to a cannabis production facility.
c) No dwelling shall be erected or located on a separate lot within 70 metres of an abattoir.
d) No dwelling shall be erected or located on a separate lot within 30 metres of a rural
industrial use or an agricultural-related processing use, commercial greenhouse or
cannabis production facility.
e) No dwelling shall be erected or located on a separate lot within 300 metres of a disposal
industrial or extractive industrial use including any outdoor working areas.
f) Sections 4.34 a), b), c), and d) above shall not apply to additions or alterations to any
legally established dwelling.
g) Sections 4.34 a) and b) above shall not apply to any lot of record provided that the dwelling
is located at the furthest point possible from the, animal kennel, cannabis production
facility, commercial greenhouse, municipal animal kennel or abattoir and provided such
dwelling does not contravene any yard provisions.
4.35 Location of a Habitable Room
No habitable room shall be located in a cellar or crawlspace of a dwelling.
4.36 Lots Abutting a "One foot reserve"
a) Where in any zone a one foot reserve separates an exterior side yard from a street, the
exterior side yard setback requirement shall be provided and measured as though the said
reserve is non-existent.
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b) Where in any zone a one foot reserve separates a portion of a front yard from a street, the
lot frontage and front yard setback requirement shall be measured as though the said
reserve is non-existent.
4.37 Minimum Distance Separation Requirements
a) New and expanded livestock facilities, manure storage facilities and anaerobic digesters
are subject to the Minimum Distance Separation II (MDS II) requirements developed by
the province, as amended from time to time, and shall comply with the requirements of the
Nutrient Management Act.
b) No dwelling shall be erected or located on a separate lot unless it complies with the
requirements of the Nutrient Management Act and the Minimum Distance Separation
(MDS I) formulae and guidelines developed by the province, as amended from time to
time. An existing off-site dwelling, destroyed by a catastrophic event, may be replaced by
a new dwelling provided that the new dwelling is sited no closer to the lot on which the
livestock facility is located than the previously existing dwelling.
c) No bed and breakfast establishment located on a separate lot shall be permitted unless
the dwelling in which it is located complies with the Minimum Distance Separation (MDS
I) formulae and guidelines developed by the province, as amended from time to time.
d) A new livestock facility may replace a former livestock facility destroyed by a catastrophic
event, provided that the new livestock facility does not result in increases in the values of
Factors A, B or D, of the MDS Formulae, compared to what existed at the livestock facility
prior to the catastrophic event, such that there is no switch to a livestock type with a higher
odour potential, there is no increase in the number of nutrient units housed and there is
no switch to a manure system type with a higher odour potential.
e) Notwithstanding the MDS requirements, where new development on a vacant lot of record
is unable to comply with the MDS requirements, a dwelling may be permitted on the lot
provided the dwelling is located on the lot the furthest distance reasonably feasible from
the impacted livestock facilities.
4.38 Minimum Services
a) No land shall be used and no building or structure shall be erected, used or occupied,
including alteration or change of use of a building in any urban settlement area, as defined
in the County Official Plan, unless:
i) watermains, drainage systems, storm sewers, and sanitary systems are constructed
and operational and all regulatory approvals have been received to the satisfaction of
the County or appropriate approval authority;
ii) servicing capacity is confirmed as being available for all watermains and sanitary
systems;
iii) stormwater management facilities, if required are constructed and operational;
iv) adequate water supply is available for fire protection; and
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v) streets and/or lanes are constructed to the satisfaction of the County and provide safe
and adequate access to all building or structures.
b) No land shall be used and no building or structure shall be used or occupied, including
alteration or change of use of a building in any hamlet settlement area, as defined in the
County Official Plan, unless:
i) an approved waste disposal system, and water supply are constructed and operational
and all regulatory approvals have been received to the satisfaction of the County or
any jurisdiction having authority;
ii) stormwater management facilities, if required, are constructed and operational;
iii) adequate water supply is available for fire protection; and
iv) streets and/or lanes are constructed to the satisfaction of the County and provide safe
and adequate access to all buildings or structures.
c) Notwithstanding Sections a) and b) above, nothing herein shall prevent the construction
of model homes in accordance with Section 4.39 (Model Homes and Temporary Sales
Offices).
d) Notwithstanding Sections a) and b) above, nothing herein shall prevent the issuance of a
conditional building permit if it is in accordance with the Ontario Building Code and
deemed appropriate by the Chief Building Official.
e) That for the purpose of Sections a) and b) above, 'urban and hamlet settlement areas'
shall mean areas within Haldimand County that are:
i) built up areas where development is concentrated and which have a mix of land uses;
and
ii) lands which have been designated in an official plan for development over the long
term planning horizon.
f) Notwithstanding Section a) and b) above, no building or structure shall be used or
occupied until hydro service has been installed and energized.
4.39 Model Homes and Temporary Sales Offices
a) Model homes are permitted on lands that have received draft plan of subdivision or
condominium approval for residential purposes provided that:
i) the number of model homes does not exceed one (1) model home where the number
of lots in the subdivision exceeds five (5) plus, one additional model home for every
ten (10) lots over the first five (5) lots.
ii) the model home is built within a lot defined by the draft approved plan of subdivision
or condominium;
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iii) the model home shall be in accordance with the applicable zone provisions in which it
is to be located and shall comply with all other provisions of this By-law, as though the
unit was constructed on the lot within the registered plan of subdivision.
b) All model homes shall have safe and adequate road access approved by the County and
shall be located within 90 metres of an operational fire hydrant if within a serviced area,
prior to construction commencing. Where required, a pre-servicing agreement shall also
be entered into with the County. Model homes shall not be open for public viewing until
connected to hydro service.
c) Where the zoning of a draft approved plan of subdivision is affixed with a "Holding-H"
provision, model home construction shall be permitted in accordance with the other
requirements of this section prior to the removal of the "H" provision.
d) For the purposes of this section, model homes shall be used as models only and shall not
be occupied for residential purposes until such time as all the requirements of the County
as set out in the applicable subdivision agreement have been complied with and the
subdivision has been registered.
e) Temporary sales offices for the sale of residential, employment or commercial lots or units
in a plan of subdivision or condominium are permitted, subject to the following provisions:
i) the temporary sales office shall not be permitted until an applicable plan of subdivision
or condominium has received draft plan approval or the property is in a zone that
permits the proposed development;
ii) the temporary sales office shall only be permitted for such period that work within a
relevant plan of subdivision or condominium remains in progress, having not been
finished or discontinued for 60 days;
iii) the temporary sales office shall comply with the minimum yards for the applicable
zone;
iv) if parking spaces are provided, the temporary sales office shall comply with the parking
provisions of this By-law; and
v) the temporary sales office is located in the same urban area as the plan of subdivision
or condominium is being developed.
4.40 Natural Environment Areas and Natural Hazard Lands
4.40.1 Natural Environment Areas Overlay
The Natural Environment Area overlay includes natural features that are considered to be
significant at the Provincial and County level, as identified in the County Official Plan as Natural
Environment Areas, and includes Lakeshore Hazard Lands and Natural Environment/Wetland
Areas. The delineation of the Natural Environment Area is based on the most current information
available, and may not be accurate or up to date in some areas. Where the Natural Environment
Area is shown as an overlay on Schedule A, the following provisions shall apply:
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a) Notwithstanding any provision of this by-Law to the contrary, no land shall be used and no
building or structure shall be altered or erected in or within 120 metres of a Provincially
Significant Wetland (Wetland Zone);
b) Notwithstanding any other provisions of this by-law to the contrary, no person shall remove
or alter a Provincially identified significant natural heritage feature or environmental area
except in a manner specified by the County in consultation with the applicable
Conversation Authority;
c) Notwithstanding subparagraph (a) above, some development may be permitted subject to
the completion of an Environmental Impact Study in accordance with the policies of the
County Official Plan and shall be subject to approval by the County in consultation with
the applicable Conservation Authority; and
d) Notwithstanding subparagraphs (a) and (b) above, all permitted uses, lot and building
requirements shall be in accordance with the underlying zone where the Natural
Environment Area overlay is shown and in accordance with any other applicable
provisions of this by-law.
4.40.2 Natural Hazard Lands Overlay
The areas illustrated on Schedule A are an overlay, and indicate the areas that are subject to the
applicable Conservation Authority's regulation under Section 28 of the Conservation Authorities
Act for any development (including site alteration), any interference with wetlands and alterations
to shorelines and watercourses. In this regard, the applicable Conservation Authority must be
contacted prior to any such work taking place in the Regulated Area. The underlying zone
category on Schedule A shall apply in addition to the provisions of this Section.
Development in the Conservation Authorities Act, is defined as (a) the construction,
reconstruction, erection or placing of a building or structure of any kind; (b) any change to a
building or structure that would have the effect of altering the use or potential use of the building
or structure, increasing the size of the building or structure or increasing the number of dwelling
units in the building or structure; (c) site grading; or (d) the temporary or permanent placing,
dumping or removal of any material, originating on the site or elsewhere.
The Natural Hazard Lands overlay may differ from the area delineated on Schedule A, as it may
be subject to changes resulting from new environmental information obtained by the Conservation
Authority's over time. The boundaries of the Natural Hazard Lands shall be determined by the
applicable Conservation Authority. In case of a conflict between the description of the Natural
Hazard Lands in the text of the regulation and the areas as shown on Schedule A, the description
of the Natural Hazard Lands in the regulation prevails. An amendment to this By-law shall not be
required to update or revise the limits of the Natural Hazard Lands as illustrated on Schedule A.
The following provisions shall apply to all lands within the Natural Hazard Lands (on Schedule A
or to lands that meet the description of regulated areas in the applicable Conservation Authority's
regulation):
a) Development (as defined above) is subject to the applicable Conservation Authority's
review and may require a permit pursuant to the Conservation Authority's regulation, prior
to any works taking place;
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b) The Natural Hazard Lands shown on Schedule A may be subject to change. The final
boundaries of the Natural Hazard Lands shall be determined by the applicable
Conservation Authority;
c) The following uses shall be prohibited in lands identified as Natural Hazard Lands, as
determined by the Municipality in consultation with the Conservation Authority:
i) institutional uses including hospitals, long-term care homes, retirement homes, day
cares, day nurseries and schools;
ii) essential emergency services including fire, police, ambulance stations and electrical
substations; and
iii) uses associated with disposal, manufacture, treatment or storage of hazardous
substances.
4.40.3 Other Natural Hazard Lands Overlay
The Other Natural Hazard Lands Overlay includes lands that may be subject to steep slopes,
unstable soils, undermined areas or naturally occurring hazards. Where the Other Natural
Hazards Overlay is shown as an overlay on Schedule A, the following provisions shall apply:
a) The following uses are permitted within the Other Natural Hazards Lands Overlay:
i) established agriculture and related uses excluding new buildings and structures;
ii) outdoor recreation not requiring buildings or structures;
iii) open space;
iv) parks;
v) golf courses excluding buildings;
vi) forestry;
vii) uses which assist in conserving or managing water supply, wildlife, fisheries, or other
natural features;
viii) resource extraction excluding administrative, maintenance, and storage buildings;
ix) uses pertaining to public utilities such as transmission lines and pipe lines;
x) buildings and structures necessary for flood and/or erosion control;
xi) marine uses along the shoreline including buildings and structures normally
associated therewith; and
xii) minor expansions and accessory buildings or structures and replacement of existing
buildings and structures lost to fire or other natural disasters provided that they can be
protected by flood proofing measures may be permitted subject to consultation with
the appropriate authority.
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b) Notwithstanding subsection a), the permitted uses, lot and building requirements of the
underlying zone category may be permitted subject to satisfaction of the following matters
to the satisfaction of the approval authority or relevant agency:
i) the existing physical hazards can be safely addressed;
ii) existing physical hazards are not aggravated or new hazard areas created;
iii) the proposed methods by which these impacts may be overcome in a manner
consistent with accepted engineering techniques and resource management practices
and techniques;
iv) no negative impact on identified Natural Environment Areas will result;
v) vehicles and pedestrians have safe access and exit during times of flooding and
erosion emergencies; and
vi) development and maintenance can be carried out in accordance with established
standards and procedures.
4.41 Non-Conformity with this By-law
4.41.1 Repair, Renovation and Replacement of Buildings and Structures whose Use is
Legally Non-conforming
Nothing contained herein shall prevent the renovation, repair, strengthening to a safe condition
or replacement, of any lawfully existing building or structure or part thereof legally non-conforming
in use, provided that such renovation, repair, strengthening or replacement will not increase the
original gross leasable floor area or volume of such building or structure, and the use thereof is
not altered and the yards appurtenant thereto are not reduced except in accordance with the
provisions of this by-law.
4.41.2 Extensions or Enlargements to Buildings and Structures whose Use is Legally
Non-conforming
Nothing in this by-law shall prevent a building or structure containing or otherwise used in
connection with a non-conforming use from being extended or enlarged provided:
a) where compliance of certain provisions has been met with the existing building,
compliance must be maintained;
b) any addition or a permitted projection into a yard to a non-complying building that proposes
to expand the existing non-complying building envelope is permitted in line with the
existing setback such that the extent of the proposed addition does not further reduce the
existing non-complying situation; and
c) any non-compliance with building height and required parking is not increased.
4.41.3 Compliance Tolerance
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A building or structure that is permitted in the applicable zone on a lot, and which has been
constructed to within 98% of the applicable zone provision(s), shall be deemed to comply to this
by-law.
4.41.4 Repair, Renovation, Replacement and Extension to Buildings Conforming in Use
but not to Other Provisions
Nothing contained herein shall prevent the repair, renovation, replacement or extension of any
existing building or structure which exceeds the maximum building height, exceeds the maximum
coverage, is on existing private services where full municipal services are required, encroaches
into a required yard, is located on a lot smaller than required, is located on a lot whose frontage
is smaller than required or which provides less parking than required but which is being used as
a permitted use, provided that no other provisions of the by-law are contravened by such repair,
renovation, or replacement and such actions do not further exceed the building height or coverage
or further reduce a required yard setback or parking provision, and any extension does not
contravene any building height or further reduce any existing setback.
4.41.5 Discontinued Non-Conforming Use
Where an existing building or structure has been used for a purpose not permitted in the zone in
which it is situated but the use has been discontinued, converted to or established as another
use, the existing building or structure may only be used for a use that conforms to this by-law. A
use shall be considered as discontinued if the use has ceased for 5 years or more.
4.41.6 Existing Lots
Where an existing lot, other than a lot located on a private lane, having a lesser lot area, lot
frontage or lot depth than that required herein is or has been legally held under distinct and
separate ownership from abutting lots continuously from the date of the passing of this by-law,
then the said lot shall be deemed to conform to the requirements of this by-law with respect to lot
area, lot frontage or lot depth, and the provisions hereof respecting lot area, lot frontage and lot
depth shall not apply to prevent the use of such lot, or the erection, alteration or use of a building
or structure thereon in accordance with all other provisions hereof.
4.41.7 Change of Use
A permitted use, in a building or on a lot that does not comply with the regulatory provisions of
this by-law, may change to another permitted use without the need for a minor variance from the
Committee of Adjustment provided that the regulatory provisions are no more restrictive for the
new use and where a building permit has been issued where applicable.
4.41.8 Reduction in Lot Area
Where the area of a lot is reduced by acquisition by a public agency and where such acquisition
causes the lot as reduced, or any building or structure lawfully erected thereon, as of the date of
acquisition to become non-conforming with any of the requirements of this by-law, then the lot as
reduced and any building or structure thereon may continue to be used provided that no building
or structure is erected or altered on the lot subsequent to the acquisition except in accordance
with this by-law.
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4.42 Number of Dwellings Per Lot
Except where specifically provided by this by-law, only one dwelling unit shall be permitted on a
lot.
4.43 Obnoxious Uses
No land shall be used and no building or structure shall be erected, altered, enlarged or used for
any purpose which:
a) is obnoxious, beyond that which normally could be expected in the operation of a permitted
use in the zone in which it is located,
b) could create a health hazard or which could cause the proposed building or structure to
be affected by a health hazard as defined and regulated under the Health Protection and
Promotion Act, or
c) could cause an adverse effect on a sensitive land use or which could cause the proposed
building or structure to be affected by an adverse effect as defined and regulated by the
Environmental Protection Act.
4.44 On-Farm Diversified Agriculture Uses
a) Any Farm Stand shall be subject to the following provisions:
i) the maximum area of a farm stand shall be 10 square metres;
ii) the majority of the commodities for sale shall be produced as part of the farm
operation;
iii) all produce offered for sale shall be Ontario-grown;
iv) the use shall be operated by the owner of the farm operation; and
v) a farm stand may be located a minimum of 3 metres from the front property line, unless
a greater setback is required by another authority.
b) Any Farm Produce Outlet shall be subject to the following provisions:
i) the maximum gross leasable floor area shall be 185 square metres and the maximum
retail floor area shall be 93 square metres;
ii) the majority of the commodities for sale shall be produced as part of the farm
operation;
iii) all produce offered for sale shall be Ontario-grown;
iv) the use shall be operated by the owner of the farm operation;
v) the use shall be secondary to the main farm use on the subject lands;
vi) all buildings related to the use shall be located within a cluster of existing buildings;
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vii) outdoor storage is permitted but shall be screened from view by a visual barrier with a
minimum height of 1.8 metres. All storage shall be in accordance with applicable
property standards regulations, as amended from time to time; and
viii) site plan control shall apply to any development.
c) Any Agricultural-Related Processing use shall be subject to the following provisions:
i) the maximum gross floor area shall be 557 square metres;
ii) outdoor storage is permitted but shall be screened from view by a visual barrier with
minimum height of 1.8 metres. All storage shall be in accordance with applicable
property standards regulations, as amended from time to time;
iii) the majority of the produce processed, preserved, packaged and / or stored shall be
from the farm operation or surrounding area;
iv) the use shall be operated by the owner of the farm operation;
v) the use shall be secondary to the main farm use on the subject lands;
vi) the minimum separation distance between an agricultural-related processing use an a
dwelling on an adjacent lot shall be 30 metres.
vii) employees are restricted to the owner and a maximum of 5 outside employees, full
time or part time, on a given shift;
viii) the use shall comply with the Ministry of Environment's D-series Guidelines respecting
land use separations from off-site residential buildings, as amended from time to time,
or is to be located within a cluster of existing buildings, whichever setback is greater;
and
ix) site plan control shall apply to any development.
d) Any On-Farm Diversified Agriculture use shall be subject to the following provisions:
i) the use shall be secondary to the main farm use on the subject lands;
ii) all buildings related to the use shall be located within a cluster of existing buildings;
iii) the aggregate activity area occupied by an on-farm diversified use, including all
associated uses such as but not limited to parking, loading areas, and recreational
amenities shall not exceed 2% of total lot area to a maximum of 1.0 hectare.
Aggregate activity area for on-farm diversified uses shall be calculated in accordance
with the following:
(1) Production lands which are used for the growing of crops and simultaneously used
as part of the activity area shall not be included in the calculation of the 2%;
(2) the area of existing lanes shall be not be included in the area calculations;
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(3) the area of existing buildings or structures, built prior to April 30, 2014, occupied
by on-farm diversified agriculture uses shall be discounted by 50% in the area
calculations; and
(4) the area of new structures, setbacks, outdoor storage, landscaped areas, berms,
lanes, and parking, are counted at 100% in the area calculations.
iv) special events shall be limited to a maximum of 10 days per year;
v) seasonal attractions are permitted to be sequential; and
vi) site plan control shall apply to any development.
4.45 Outdoor Patios
a)
An outdoor patio is permitted where it is operated as part of a restaurant, microbrewery,
bar or nightclub, or golf course.
b)
Any outdoor patio shall be established in accordance with the following criteria:
vii) an outdoor patio is prohibited in a required yard abutting a Residential Zone;
viii) where a Residential Zone is located on the opposite side of the street, an outdoor patio may
only be established if it is located a minimum of 20 metres from the boundary of such zone;
and
c)
the elevation of an outdoor patio must not exceed 2.0 metres above ground level and shall
not be covered by a permanent structure.
d)
Any temporary outdoor patio on private property that is operated on a seasonal basis from
April 1st to November 30th in any given calendar year is not required to provide additional
parking spaces. Any such temporary outdoor patio may occupy a maximum of three
existing parking spaces provided this does not result in a reduction of more than 50% of
the current parking supply.
e)
Notwithstanding any required yard setbacks contained in the applicable zone, an outdoor
patio may project to within 1.2 metres of the lot line provided that the criteria set out in
Section 4.45 are complied with.
f)
An outdoor patio may be permitted to encroach on a public road allowance only where it
will not interfere with pedestrian or vehicular traffic and only where a formal approval has
been obtained from the County.
4.46 Outdoor Donation Bins and Vending Machines
Outdoor donation bins and vending machines shall be permitted in Commercial and Industrial
Zones in compliance with the following:
a) the minimum setback of an outdoor donation bin and/or a vending machine from a
Residential Zone shall be 6.0 m;
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b) an outdoor donation bin and/or a vending machine shall be located outside of any
required yard setback; and
c) an outdoor donation bin and/or a vending machine shall not be located on any required
parking area or obstruct any required parking space.
4.47 Outdoor Storage
The following provisions shall apply to outside storage, where it is permitted as an accessory use
by this by-law:
a) the location and extent of outdoor storage shall be established in the site plan agreement
which shall also establish appropriate buffering, landscaping and/or fencing to screen the
outside storage from public view;
b) notwithstanding clause a) above, no outdoor storage shall be permitted in the front yard
or exterior side yard or in any yard which abuts a Residential Zone;
c) no outdoor storage shall be located in the minimum required side yard setback or the
minimum required rear yard setback of the zone;
d) no outdoor storage shall be located within any minimum setback from an existing dwelling
on an adjacent lot as required in the zone provisions;
e) any permitted outdoor storage area, or vehicular access thereto, involving storage, parking
or outside display of goods and materials, shall be constructed and maintained with a
stable surface of asphalt, cement, gravel or crushed stone with dust control, and drained
in accordance with the requirements of the County and the approved site plan agreement;
and
f)
any areas used for permitted outdoor storage shall be in addition to, and separate from,
such areas as may be required by this by-law for the provision of off-street parking or
loading spaces.
g) no outdoor storage shall be permitted until the main use is established.
h) loading and outdoor storage areas adjacent to provincial highways shall comply with all
Ministry of Transportation of Ontario standards and be visually protected.
4.48 Outside Display and Sale of Goods, Materials and Merchandise
Outside display and sale of goods, materials or merchandise, including vehicles, shall only be
permitted, in accordance with the following provisions:
a) Outside display and sale shall be accessory to a commercial or industrial use in a building
provided that:
i) no required parking space is used for such purposes;
ii) any area used for outside display and sale shall be maintained as landscaped open
space or provided and maintained with a stable surface, treated so as to prevent the
raising of dust or loose particles and adequately drained;
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iii) no outside display or sale shall occupy lands within 3.0 m of a lot line except within the
Downtown Commercial (CD) Zone; and
iv) the outside display or sale of motor vehicles shall be setback a minimum distance of
7.5 m from the lot line of an abutting Residential Zone.
v) No outdoor display shall be permitted until the main use is established.
4.49 Public Emergency Service Facilities
a) Development of a Public Emergency Service Facility shall be permitted in any permitted
zone except the Wetland (W) zone, on lands with a Natural Environment Areas or Natural
Hazard Lands Overlay, and shall be subject to the following provisions:
i) site plan control shall apply to any development;
ii) the use is only permitted if direct access to a provincial highway, arterial or collector
road is available;
iii) there is adequate on-site parking; and
iv) all provisions of the pertinent land use zone shall be applicable to the development so
as to ensure development is consistent with character of the area;
b) In addition to the criteria set out in subsection a), Public Emergency Service Facilities in
the 'Agricultural (A)' zone shall be subject to the following criteria. The criteria are to be
addressed through a study completed by a qualified professional land use planner which
must be submitted to the satisfaction of the County prior to the granting of site plan
approval and the issuance of the building permit:
i) the land does not comprise a specialty crop area;
ii) there is a demonstrated need in the planning horizon for the lands to be used for a
Public Emergency Service Facility;
iii) there are no reasonable alternative locations which avoid prime agricultural areas; and
iv) there are no reasonable alternative locations in prime agricultural areas with lower
priority agricultural lands.
4.50 Public Uses
Nothing in this by-law, save and except for Section 4.40 (Natural Hazard Lands Overlay
(Regulated Area)), shall apply to prevent the following uses in any zone:
a) the use of land for a street, park, or passive park, including any buildings or structures
appurtenant thereto unless otherwise prohibited, a railway line, or as a site for a public
memorial or ornamental structure including, but not so as to limit the generality of the
foregoing, a statue, a monument, a cenotaph or a fountain; or
b) public utility installation; or
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c) provided that any lot, building or structure so used shall be designed, landscaped and
maintained in general harmony with neighbourhood uses.
4.51 Public Utility Installations
A public utility installation is subject to the following regulations:
a) It cannot be an administrative, maintenance or storage use.
b) Where it is in a building, that building must have a form and appearance that is in
general harmony with the buildings and structures permitted within the zone in which it is
located.
c) No exterior storage of goods, materials or equipment is permitted.
The regulations contained in 4.50 'a' to 'c' shall not apply to a public utility installation located in
a Commercial, Industrial, Institutional or Open Space zone.
4.52 Railways and Setback from Railways
The pertinent side and rear yard provisions contained in this by-law shall not apply to the following
buildings and uses where an interior lot line is in common with a railway right-of-way boundary.
In such circumstances, the minimum separation distance between the following buildings and the
railway right-of-way shall be:
a) for any residential or institutional uses (excluding a cemetery), 30 metres from a main
rail line and 15 metres from all other rail lines;
b) for any industrial, commercial or agricultural building requiring direct rail loading
facilities: 0 metres; and
c) permitted uses within railways shall include only those uses directly associated with
the railway.
4.53 Rooftop Mechanical Equipment and Mechanical Penthouses
The following provisions shall apply where rooftop mechanical equipment is provided on any lot:
a) a mechanical penthouse, including any appurtenances thereto, shall not exceed 6.0
metres in height;
b) rooftop mechanical equipment, including any appurtenances thereto, that exceeds 2.0
metres in height shall be fully enclosed within a mechanical penthouse;
c) rooftop mechanical equipment shall be set back a minimum of 5.0 metres from all edges
of a roof if it is not fully enclosed within a mechanical penthouse or screened by an
architectural feature; and
d) a mechanical penthouse is deemed not to be a storey for the purposes of this by-law.
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4.54 Setback from Municipal Drains
a) No new building or structure or part thereof shall be erected or enlarged nearer to any
municipal drain, than specified as follows:
i) In any Agricultural Zone, CR Zone, IR Zone, and Parks and Open Space Zone, 10.0
metres from the top of bank to an open drain and where the top of bank is not definable,
10.0 metres from the centre line. In the case of an enclosed drain, 5 metres from the
centre line;
ii) In any Residential Zone, Commercial Zone (excluding the CR Zone), or Institutional
Zone (excluding the IR Zone), 5 metres from the top of bank of an open drain and
where the top of bank is not definable, 5 metres from the centre line; and
iii) Subsection a) shall not apply to existing buildings or structures;
b) Notwithstanding subsection a), if the working area described in a municipal drainage by-
Law is greater than in subsection a), the working area setback shall apply.
4.55 Additional Dwelling Units
Notwithstanding any other provisions of this by-Law to the contrary, the following provisions
outlined in Table 4.55 shall apply so as to permit the construction of an additional dwelling unit as
an accessory use to a single-detached, semi-detached dwellings or street townhouse dwellings,
where permitted:
Table 4.55: Additional Dwelling Units
Provisions
Additional Dwelling Units
Number of
additional dwelling
units per lot
i)
Maximum of 2 additional dwelling units per lot in a detached, semi-
detached or townhouse, which is a legally permitted use on the lot.
Where 2 additional dwelling units are located on a lot, a minimum of 1
additional dwelling unit is required to be located within the primary
dwelling.
Permitted dwelling
types
i)
The additional dwelling unit may be contained within the primary
dwelling or in an attached or detached accessory structure or in a
standalone structure on the lot associated with a single-detached,
semi-detached or townhouse dwelling.
Maximum
additional dwelling
unit size (per unit)
i)
No greater than 40% of the gross floor area of the primary residential
dwelling on the lot, if additional dwelling unit is located within the
primary dwelling, or if located in a basement, may occupy the entire
floor area of the basement.
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Table 4.55: Additional Dwelling Units
Provisions
Additional Dwelling Units
General provisions
(per unit)
i)
The maximum permitted height for a detached additional dwelling unit
shall be 6.5 metres.
ii) An Additional Dwelling Unit located in a detached accessory building
shall comply with the provisions of Section 4.2 Accessory Uses,
Buildings and Structures to Residential Uses.
iii) The building or structure shall be at least 4 metres from another
building or structure on a parcel if the other building or structure
contains a residential unit.
iv) For a parcel of urban residential land, for any buildings and
structures, lot coverage shall be a maximum of 45%.
v) The additional dwelling unit shall not be severed from the lot of the
primary dwelling.
vi) Shall not occupy any part of a required exterior side yard or required
front yard of the zone where the use is permitted.
vii) The additional dwelling unit shall be located within 45 metres of the
primary residence or farm building cluster, if located on a farm.
Parking (per unit)
i)
In addition to the parking requirements for the principal dwelling in
accordance with the provisions of Section 5.0, that the minimum
parking dimension for the permitted additional dwelling unit may have
a parking space dimension of 2.75 metres X 5.2 metres the required
additional parking spaces for an additional dwelling unit shall be
located on the same lot, in accordance with the following:
-
a minimum of 1 additional off-street parking space shall be
provided; and
-
the required additional dwelling unit parking space may be
provided in tandem with the required parking spaces for the
principal dwelling.
ii) A minimum of 40% of the front yard of a lot used for additional
dwelling unit purposes shall be provided and maintained as
landscaped open space and such open space shall not be utilized for
parking space and/or driveway purposes.
Entrances (per
unit)
i)
Must be separate from the entrance provided for the principal
dwelling. For an additional dwelling unit that is contained within or
attached to the principal dwelling, the separate entrance may be
accessed from the outside of the building or from a common hallway
or stairway from inside the building.
ii) Where only one entrance to the additional dwelling unit is provided, it
must not be from the inside of a garage, unless the garage has a
separate entrance that provides direct outdoor access.
iii) Where the only entrance to a secondary dwelling unit is provided from
the rear yard or side yard, the entrance must be accessed by a
continuous, unobstructed walkway of at least 1 metre wide between
the main wall of the building and the side lot line.
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Table 4.55: Additional Dwelling Units
Provisions
Additional Dwelling Units
Restricted areas
Additional dwelling units and associated parking areas shall not be
permitted:
i)
within Natural Hazard Lands Overlay (Regulated Area) unless
approved by the applicable Conservation Authority in accordance
Section 4.40.2 of this By-law;
ii) on a lot that is only accessible by a private road;
iii) within the Lakeshore Residential (RL) zone; and
iv) on a lot containing a rooming house, group home dwelling, or a
garden suite.
4.56 Sight (or Daylight) Triangles
a) Any building, structure, sign or use which would obstruct or impair the vision of a vehicle
operator, or any fence or vegetation exceeding 1.0 metres in height above finished grade
shall be prohibited within any sight (or daylight) triangle. This provision shall not apply to
field crops or a wire farm fence.
b) A sight (or daylight) triangle shall be measured back from the point of any at-grade
intersection of two or more street lines on a corner lot and a railway right-of-way in
accordance with the street classification as identified on Schedule F of the County Official
Plan and Table 4.56:
Table 4.56: Minimum Sight (or Daylight) Triangle Requirements
Street Classification
Intersecting Street
Classification
Minimum Sight Triangle
(m)
Local Road
Local Road
3.0
Collector Road
5.0
Arterial Road
8.0
Collector Road
Local Road
5.0
Collector Road
5.0
Arterial Road
8.0
Arterial Road
Local Road
8.0
Collector Road
8.0
Arterial Road
10.0
Rail line Right-of-way
All Streets
15.0
c) The values in Table 4.56 shall be considered the minimum and a Transportation Study
and Traffic Functional Design Study shall be required by the County in order to help
determine the roadway requirements.
4.57 Site Lighting
Site Lighting fixtures that are designed to provide exterior illumination on any lot or building shall
be installed with the light directed downward and directed or deflected away from adjacent lots
and streets and shall not be in conflict with traffic signals.
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4.58 Special Policy Areas - Grand River Dunnville
Notwithstanding any provisions set out in this by-law, where lands are within the Grand River
Dunnville Special Policy Area 1, 2, or 3 on Schedule C to this by-law, the following shall apply.
a) No new buildings, structures and major additions (i.e. more than 50% of existing floor area
of existing buildings or structures), shall be permitted below:
i) the level of the Regulatory Flood in Area 1 which for the purpose of this Special Policy
Area shall be an elevation of 179.0 m. (587.3 ft) Canadian Geodetic Datum (C.G.D.)
ii) the level of the Regulatory Flood in Area 2 which for the purpose of this Special Policy
Area shall be an elevation of 176.5 m (579.1 ft) C.G.D. and
iii) the level of the 100 Year Flood in Area 3 which for the purpose of this Special Policy
Area shall be an elevation 178.7 m (586.3 ft) C.G.D.;
b) Minor additions or alterations less than 50% of the floor area of existing buildings and
structures may be permitted below the elevations identified in 'a" but shall not be lower
than existing elevations;
c) Bulk storage facilities for dangerous, flammable, explosive, toxic or corrosive materials
below the elevations identified in policy 2.C.1).13 a) shall not be permitted;
d) New nursing homes, homes for the aged or assisted living group homes and correctional
group homes shall only be permitted where the building is flood proofed to the elevations
as set out above and dry land access to the building (i.e. less than 0.3 m of flood waters
during a regulatory flood event, or within Area 3, a 1:100 year flood event) can be provided.
4.59 Surplus Farm Dwelling Severance Properties
Notwithstanding the provisions as set out in this by-law, where the Committee of Adjustment has
approved the severance of a surplus farm dwelling lot with a lot area of less than 0.6 hectares
severed from an agricultural property as the result of farm consolidation, the following provisions
shall apply:
a) notwithstanding the Permitted Uses in the 'Agricultural (A)' zone, a single detached
dwelling and home-based business shall not be permitted on the remaining agricultural
parcel resulting from the surplus farm dwelling severance;
b) no existing or proposed building or structures on either the severed or retained parcels
shall be used for the purpose of a feedlot, housing of livestock or manure storage unless
they comply with the Minimum Distance Separation (MDS) formula and Nutrient
Management Act, as amended from time to time;
c) any existing accessory buildings on the residential parcel shall be granted relief of building
height, floor area and accessory structure lot coverage up to the dimensions existing at
the time of severance and deemed to comply with this by-law;
d) any existing residential dwellings on the residential parcel shall be granted relief of front
yard setback, interior side yard setback, or exterior side yard setback zone provisions in
the event of an existing non-conformity with the by-law, for the dwelling existing at the time
of severance;
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e) any new zoning deficiencies created by a surplus farm dwelling severance require zoning
relief through the approval of a minor variance application, pursuant to Section 45 of the
Planning Act;
f) for any lands becoming subject to this section, a special provision within the Agriculture
(A) Zone of A.1] shall be added to the appropriate Zoning By-law map Schedule to
reference this General Provision and its applicability. These amendments may be
permitted from time to time without further public notice being required.
4.60 Swimming Pools and Hot Tubs
Notwithstanding any yard and setback provisions of this by-Law, any swimming pool or hot tub,
accessory to a main use on a lot or any building or structure, such as a pump house, change
room or storage shed, used in conjunction with any swimming pool or hot tub shall:
a) not occupy any part of a front yard, or required exterior side yard;
b) not be nearer than 1.0 metre of an interior lot line or a rear lot line;
c) in the case of any patio or walk situated at ground level around a swimming pool, be
permitted to extend no closer than 0.5 metres to any interior lot line;
d) the maximum height of a swimming pool shall be 2.0 metres above finished grade; and
e) no outdoor swimming pool or hot tub shall be considered part of the lot coverage of a lot.
4.61 Temporary Dwelling
Notwithstanding Section 4.63 l) of this by-law, a temporary dwelling is permitted as follows:
a) the use of a recreational vehicle as a principal place of residence on a vacant parcel of
land while the principal dwelling is being constructed with an upscale time limit of one year.
Any time limit beyond 1 year would require a temporary use by-law;
b) the use of a recreational vehicle as a principal place of residence on a parcel of land
containing a principal dwelling and where said principal dwelling is being demolished and
replaced with a new principal dwelling, or existing dwelling is being renovated to the extent
that the dwelling is unhabitable. The permission for the recreational vehicle residency is
limited to a maximum of one year. Any time limit beyond 1 year would require a temporary
use by-law, and
c) the use of an existing principal dwelling where said dwelling is to be demolished and
replaced with a new principal dwelling or where the existing dwelling is being renovated
to the extent that the dwelling is unhabitable. Occupancy of the existing principal dwelling
is permitted during the construction of the new principal dwelling on the same lot with an
upscale time limit of one year or when the new dwelling is occupied, whichever is less.
4.62 Uses Permitted in all Zones
The following uses may be permitted in any zone and shall be subject only to the specified
provisions of this Section:
a) street, traffic signs and traffic signals;
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b) public emergency service facility subject to the provisions of Section 4.49;
c) public utility installations subject to the provisions of Section 4.51;
d) film production;
e) water or sewage treatment plant including any accessory public utility yard;
f) gas, oil or water pipeline, powerline, telecommunications infrastructure, or any similar
utility service line including any substation, transformer or similar utility service building or
structure associated therewith, excluding any public utility yard;
g) railway line excluding any accessory station, depot or yard;
h) park or passive park;
i) signs and billboards except within a Residential zone and in accordance with the County's
Sign By-law;
j) buildings, structures and uses accessory to any permitted use subject to the provisions of
Section 4.2 (Accessory Uses, Buildings and Structures to Residential Uses) and Section
4.3 (Accessory Uses, Buildings and Structures to Non-Residential Uses);
k) public washrooms and change houses for bathers;
l) swimming pools and hot tubs accessory to any permitted use subject to the provisions of
Section 4.60 (Swimming Pools and Hot Tubs);
m) construction camp, work camp, tool shed, scaffold or other buildings and structures
accessory to and necessary for construction work on a premises, but only until such
construction work is completed or abandoned. For the purpose of this subsection, failure
to proceed expeditiously with the construction work shall constitute abandonment of such
work;
n) any building or structure accessory to exploration, drilling or pumping of petroleum or
natural gas, but only until the work is completed or abandoned. For the purpose of this
subsection, failure to proceed expeditiously with any work shall constitute abandonment
of such work;
o) special event sales ancillary to a place of worship, community centre, public service club
or park or retail sales accessory to permitted uses within buildings owned or controlled by
the County or Province or agencies thereof;
p) aids to navigation;
q) dock, pier or wharf;
r) Canada Post mail boxes and superboxes;
s) model homes or temporary sales and rental office for the sale, rental or promotion of land
and development subject to the provisions of Section 4.39 (Model Homes and Temporary
Sales Offices); and
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GENERAL PROVISIONS
t) stormwater management ponds.
Notwithstanding the permitted uses above, no building or structure shall be permitted in a Wetland
Zone, or in a natural feature setback subject to Section 4.40 (Natural Environment Areas and
Hazard Lands Overlay), except for maintenance and storage buildings accessory to a public park
use within the Wetland Zone.
4.63 Uses Prohibited in All Zones
Unless specifically permitted in a zone under Section 6 through 11, no land shall be used for the
following:
a) ammonia manufacture;
b) commercial manufacturing of fertilizers from dead animals or from human or animal waste;
c) industrial liquid waste disposal well;
d) industrial waste landfill site;
e) industrial waste lagoon;
f) manufacture of explosives;
g) manufacturing of a hazardous substance;
h) sanitary landfill;
i) stock yards;
j) tannery;
k) the racing or any other similar competition involving vehicles whether sanctioned or
unsanctioned unless authorized as a special event by a license issued pursuant to a by-
Law passed under the Municipal Act;
l) the use of any recreational vehicle as a principal place of residence;
m) thermal destructor;
n) accessory use to any permitted use until the main use is established; and
o) solidification process plant for industrial waste.
SECTION 5
PARKING & LOADING REQUIREMENTS
5
Parking & Loading Requirements
5.1
Minimum Number of Required Parking Spaces
Any building, structure or use shall have parking spaces provided and maintained on the lot in
accordance with Table 5.1:
Table 5.1: Minimum Number of Required Parking Spaces
Type of Use
Minimum Parking Spaces Required
Non-Residential Uses
Accessory retail use
1 per 19 square metres of gross leasable
floor area
Animal Hospital
Animal Kennel
Animal Kennel, Municipal
1 per 40 square metres of gross leasable
floor area
Auction Centre
1 for every 10 square metres of gross
leasable floor area
Automobile Gas Station
1 for each gas bar pump
Automobile service station
Automobile body shop
3 per service bay
Building Supply Establishment including
associated uses Garden centre and tree and
plant nursery
1 for every 90 square metres of gross
leasable floor area
Cemetery
5
College, University, or Technical
University/Institution
Trade School
Training and Rehabilitation Centre
1 for 50 square metres of gross leasable
floor area
Contractor's yard
Contractor supply and service shop,
Contractors shop
1.0 per 95.0 square metres of gross
leasable floor area
Country Club,
Private Club,
Bar or Night Club,
1 for every 10 square metres of gross
leasable floor area
Cultural Facility (Library)
1 for every 35 square metres of gross
leasable floor area
Cultural Facility (Museum)
1 per 20 square metres of gross leasable
floor area
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Table 5.1: Minimum Number of Required Parking Spaces
Type of Use
Minimum Parking Spaces Required
Data Centre
Office space, 1 space per 30m2 of gross
leasable floor area
1 space per 1,000m2 of gross leasable
floor area
Day Care Nursery
1 per 40 square metres of gross leasable
floor area
Driving Range
1 per tee
Dry Cleaning Distribution Station
2
Dry Cleaning Establishment
1 per 40 square metres of gross leasable
floor area
Elementary School
2 for each classroom including
laboratories, libraries and workshops
Farm Produce Outlet
1 for every 30 square metres of gross
leasable floor area but no less than 2
Bank or Financial Institution
1 for every 20 square metres of gross
leasable floor area plus 3 standing for any
associated drive-through use
Cannabis Production Facility
1 per 100 square metres of gross floor
area
Funeral Home
1 for every 20 square metres of gross
leasable floor area
Golf Course
5 per hole
Heavy Manufacturing
Light Manufacturing (Industrial Use)
Warehouse
Wholesale Outlet
1 for every 100 square metres of gross
floor area up to 7,000 square metres, plus
0.6 parking spaces per 100 square
metres of gross floor area over 7,000
square metres of gross floor area
Hospital
3 per bed
Hotel
1 for each guest room plus the applicable
requirement for any other use contained
therein
i) Home occupation and home industry,
excluding a Medical Office, of a Health
Service Practitioner, where customers and /
or clients attend at the site
ii) Home occupation and home industry
where customers and / or clients do not
attend at the site
1
0
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Table 5.1: Minimum Number of Required Parking Spaces
Type of Use
Minimum Parking Spaces Required
Laundromat
1 for every 9 square metres of gross
leasable floor area
Liquor or Beer Store
1 per 14 square metres of gross floor
area
Marina
1 for every 2 boat slips
Medical Office
1 per 25 square metres of gross leasable
floor area
Microbrewery
1 per 40 square metres of gross leasable
floor area
Office, business (excluding a Medical Office)
1 per 30 square metres of gross leasable
floor area
Other commercial uses
1 per 28 square metres of gross leasable
floor area
Other industrial uses
1 per 45 square metres of gross leasable
floor area up to 3,000 square metres, plus
1 parking space for each additional 100
square metres of gross leasable floor
area up to 6,000 square metres, and 1
parking space for each 200 square
metres of gross leasable floor area over
6,000 square metres
Other institutional uses
1 per 35.0 square metres of gross
leasable floor area; or one parking space
for each four employees plus a parking
area for visitors with a minimum capacity
of 10.0 parking spaces (for government
offices, buildings and facilities)
Other non-residential uses
1 for every 35 square metres of gross
leasable floor area
Personal Service Shop
1 for every 20 square metres of gross
leasable floor area
Place of Entertainment (Bowling Alley)
3 per bowling lane
Place of Entertainment (Theatres)
0.40 per seat
Place of Entertainment,
Cultural Facility
1 per 15 square metres gross leasable
floor area
Place of Sports and Recreation (Arena,
Auditorium, Stadium, Gymnasium, Skating
Rink)
Place of Assembly (Assembly Hall, Dance
Hall or Banquet Hall)
Community Centre
1 for every 8 fixed seats or for every 10
square metres of gross leasable floor
area, where there are no fixed seats.
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Table 5.1: Minimum Number of Required Parking Spaces
Type of Use
Minimum Parking Spaces Required
Place of Sports and Recreation (Curling
Rink)
5 per curling sheet
Place of Worship
1.0 per 4 persons capacity in the largest
place of assembly
Research and development facility
1 per 28 square metres of gross leasable
floor area on the first floor plus 1 parking
space for every 37 square metres of
gross leasable floor area above the first
floor
Restaurant
Restaurant, Fast Food
Restaurant, Drive-Through
0.25 per seat, plus 10 for stacked spaces
for any associated drive-through use
Restaurant, Take-out
1 for every 20 square metres of gross
floor area
Retail Store (Big Box/Large Format Retail
Establishments)
1 per 30 square metres gross leasable
floor area
Retail Store
Boutique
Merchandise Service Shop
1 per 25 square metres of gross leasable
floor area
Retirement Home
Long Term Care Home
Hostel
1 per 3 guest rooms or beds
Secondary School
3 per classroom plus any required spaces
for an auditorium, theatre, stadium,
laboratories, library or workshops
Self-storage units
1 parking space per 650 square metres of
gross floor area, inclusive of all storage
areas and accessory office uses.
Shopping Plaza (with three or more units)
1 per 30 square metres of gross leasable
floor area
Supermarket
1 parking space per 18 square metres of
gross leasable floor area
Taxi establishment
1 parking space per taxi
Truck Terminal:
1 per 20 square metres of gross leasable
floor area, plus 1 parking space for every
150 square metres of gross floor area for
the non-office component
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Table 5.1: Minimum Number of Required Parking Spaces
Type of Use
Minimum Parking Spaces Required
Vehicle sales and/or rental establishment
5 parking spaces or 1 per every 23
square metres of gross leasable floor
area (excluding outdoor display and
storage of vehicles), whichever is greater,
plus 4 parking spaces per repair bay
Residential Uses
Accessory Dwelling Unit in a Non-residential
Building and additional dwelling unit
1 for each dwelling unit
Apartment Dwelling
Tri-Plex
Four-Plex
1.25 for each dwelling unit (refer to
Section 5.1.1 for visitor parking)
Apartment Dwelling in the Downtown
Commercial (CD) Zone
0.5 for each dwelling unit (refer to Section
5.1.1 for visitor parking). Notwithstanding,
where less than 5 apartment dwelling
units proposed, the required apartment
dwelling parking shall be nil
Rooming House,
Bed and Breakfast Establishment
2 for each dwelling unit plus 1 space for
each room for boarder or rentable room
Group Home Dwelling
1 parking space per 3 supervised group
home residents that can be
accommodated in the group home
dwelling
Single Detached Dwelling,
Semi-Detached Dwelling
Duplex Dwelling
Vacation Home Dwelling
Street Townhouse Dwelling
Group Townhouse Dwelling
Stacked Townhouse Dwelling
Back-to-Back Townhouse Dwelling
2 for each dwelling unit
5.1.1 Visitor Parking
For apartment dwellings, group townhouse dwellings, stacked townhouse dwellings, and back-to-
back townhouse dwellings, parking spaces shall be provided and used to accommodate the
vehicles of persons visiting the dwelling units at a ratio of 1 additional visitor parking space for
every 10 dwelling units or part thereof. All required visitor parking spaces shall be clearly
identified, demarcated and signed accordingly.
5.1.2 Shared Parking Requirements for Mixed Use Developments
For mixed-use developments where more than one of the uses listed in the table below are
located on the same lot, the overall parking requirement may be reduced through sharing of
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parking spaces, and the cumulative total of parking spaces required for all the uses on the lot may
be calculated as follows:
a) Calculate the required parking spaces for each use in the mixed-use development;
b) Multiply the number of parking spaces required in the By-law by the occupancy rate for
each use in each of the three time periods;
c) For each time period add the parking space calculations for all the uses to arrive at a
cumulative total; and
d) The largest cumulative total of all the uses in any time period is the minimum number of
required parking spaces required for the lot.
Use
Morning Occupancy
Rate
Afternoon
Occupancy Rate
Evening
Occupancy Rate
Business Office (including
Medical Office)
100
95
10
Retail/Commercial
60
100
85
Restaurant
20
60
100
Residential Visitor
20
35
100
Hotel
70
70
100
Place of Sports and
Recreation
Community Centre
Cultural Facility
Place of Assembly
60
80
100
All required parking spaces must be accessible for all uses at all times and may not be reserved
for any specific user.
5.1.3 Calculation of Required Parking Spaces
a) Rounding
i) Where the calculation for the purposes of meeting this provision results in a partial
parking space, a full parking space shall be provided for the partial space.
b) Multiple Uses on a Lot
i) When a building, structure or lot accommodates more than one type of use, the parking
space requirement for such building, structure or lot shall be the sum of the
requirements for the separate uses thereof, unless the Section 5.1.2 (Shared Parking
Spaces for Mixed Use Developments) apply.
c) Building Additions
i) Parking spaces shall be provided for any addition to a building or structure or a change
in use, except that, where a building or structure has less than the required parking
spaces as of the effective date of this By-law, this By-law shall not be interpreted to
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require that the deficiency be made up in the event of an addition or change of use
provided that any parking required for such addition or change of use is provided.
5.2
Parking Area Regulations
5.2.1 Access to a Street
a) Each parking space shall have an unobstructed access to and from a street by either a
driveway, aisle leading to a driveway, or a private road.
b) For residential units where tandem parking spaces are permitted, only one parking
space shall require unobstructed access from a street provided that any additional
parking spaces have access through a parking space leading to a street.
5.2.2 Prepared Surface
Any required parking space or a parking lot shall be a prepared surface consisting of gravel,
concrete, asphalt or similar hard surfaced materials.
5.2.3 Parking Space Dimensions
a) Every parking space shall be based upon a rectangular shape having a width of 2.75
metres and a depth of 5.8 metres.
b) Notwithstanding anything to the contrary, where the length of a parking space is located
adjacent to a wall or fence said parking space shall have a width of 3 metres and a depth
of 5.8 metres.
c) A parallel parking spaces shall have a width of 2.7 metres and a depth of 6.5 metres.
d) Angled parking spaces shall be based upon a rectangular shape in accordance with
subsection 5.2.3 a).
e) A tandem parking space shall have a width of 3.0 metres and a minimum length of 11
metres..
5.2.4 Parking Aisle Requirements
The perpendicular width of every parking aisle shall comply with the following requirements:
a) For two way traffic the width shall be a minimum of 6.5 metres.
b) For one way traffic the width shall be as follows:
Angle of Parking Space:
Minimum Aisle Width:
0° - 40° parking
3.5 metres
41° - 55° parking
4.3 metres
56° - 70° parking
5.9 metres
71° - 90° parking
6.5 metres
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c) Less than 20 Parking Spaces:
Within a Residential, Institutional or Commercial Zone, excluding CD and CG Zones,
where the application of the parking standards as set out in Section 5.1 results in a
requirement for less than 20 motor vehicle parking spaces a joint ingress and egress
driveway is permitted with a minimum width of 4.5 metres.
5.2.5 Shared Driveways and Aisles
A driveway or parking aisle may be shared by two abutting properties if the following criteria is
satisfied:
a) a legal right-of-way is established over the mutual driveway or parking aisles guaranteeing
access for each abutting property to a street; and
b) a maintenance agreement for the mutual driveway or parking aisle is entered into between
the affected property owners.
5.2.6 Parking Lot and Garage Requirements
The following regulations apply to parking lots and parking garages, whether as principal or
accessory uses:
a) All driveways and aisles providing access to or located within a parking lot or parking
garage must have a minimum vertical clearance free of obstructions such as signs and
other structures in accordance with the Building Code, as amended from time to time.
b) An aisle providing access to parking spaces in a parking lot or parking garage must comply
with the minimum required width as specified by Section 5.2.4.
c) All parking spaces located within a private garage shall be included in the spaces counted
towards the requirements for the lot.
d) All parking spaces within a private garage shall be exclusive of protrusions that may
compromise complying with the requirements of this By-law.
e) The minimum front yard setback of a detached or attached garage, which faces the street,
shall be 6.0 metres. Where the detached or attached garage faces a side lot line, the
minimum side yard setback shall be 6.0 metres.
5.2.7 Garages Accessed by a Rear Lane - Repealed
5.2.8 Residential Parking Driveway Requirements
a) A residential driveway providing access to parking spaces, a parking garage or a parking
lot shall have a minimum width of 3.0 metres.
b) Notwithstanding subsection (a) above, the minimum width of a driveway shall be 2.4
metres in a front and interior side yard where a detached private garage is provided in a
rear yard.
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c) The maximum width of a driveway shall be:
i) 6.0 metres for a lot having a lot frontage of 12.0 metres or less;
ii) Equal to 50% of the lot frontage on a lot having greater than 12.0 metres and less than
18.0 metres of lot frontage; or,
iii) 9.0 metres for a lot having a lot frontage equal to or greater than 18.0 metres.
d) Notwithstanding subsection (d) above, one walkway access may be connected to each
side of a driveway. The maximum width of the walkway access at the point of attachment
shall be 1.8 metres.
5.2.9 Projection of an Attached Garage
a) The wall of an attached garage facing the street in an R1-B, R1-C and R2 Zone shall
project no more than 3.5 metres from the front wall of the dwelling.
b) This projection shall be measured from the wall of the garage facing the front lot line to
the nearest structural element of the front wall of the dwelling facing the front lot line,
including any covered porch which extends along the entire front wall of the dwelling, but
excluding eaves, stairs or gutters.
c) This provision shall not apply where:
i) the front wall of the dwelling and the wall of the attached garage containing the opening
for vehicular access do not face the same lot line, or
ii) the width of the attached garage is less than 60 per cent of the width of the dwelling.
5.2.10 Commercial Parking Driveway Requirements
A commercial driveway providing access to parking spaces, a parking garage or a parking lot
shall have a minimum two way traffic width of 7 metres at property line and a maximum two way
traffic width of 10.0 metres.
5.2.11 Snow Storage Requirements
Commercial, industrial, institutional, multi-residential (of 5 or more units), or mixed-use
developments accommodating 5 or more parking spaces shall provide a location equivalent to
2% of the total development area of the number of required spaces for the purpose of snow
storage. The snow storage shall not be located in any part of a required parking space.
5.2.12 Location of Parking on a Lot
a) With the exception of Commercial and Institutional Zones and Zones permitting multi-
residential development, all required parking spaces shall be provided on the same lot
occupied by the building, structure or use for which such parking spaces are required, and
shall not form a part of any street, lane, or driveway. Within Commercial and Institutional
Zones and Zones permitting multi-residential development, the required parking spaces
may be supplied within 120 metres of the main pedestrian access of the building, structure
or use for which the parking spaces are required, provided that the required parking
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spaces cannot be appropriately located on the site and a Site Plan Agreement is
registered on the title of the lands used for parking committing said parking spaces to the
related commercial, institutional or multi-residential site.
b) No driveway or parking space shall be located in any sight triangle. A parking aisle may
be located in any sight triangle provided no permanent obstructions are created.
c) Parking areas may be located in any yard except as follows:
i) for triplex dwellings, fourplex dwellings, street townhouses, and rooming houses,
required parking spaces shall be permitted within the required front yard or required
exterior side yard up to a maximum of 50% of said yard.
ii) for apartment dwellings, no parking lot shall be located within 3.0 metres of any
dwelling on the lot or of any interior lot line abutting another residential zone.
iii) for non-residential zones, no parking lot shall be located closer than 4.5 metres of any
interior lot line abutting a Residential zone.
d) Notwithstanding the provisions in above or any other yard provisions of this By-Law, no
setback from a property line shall be required for underground parking and underground
parking structures.
e) Notwithstanding the requirements of Section 5.2.12, within the Downtown Commercial
zone, or any Commercial, Institutional or Open Space Zone, required motor vehicle
parking may encroach onto a boulevard associated with a public road allowance provided
that such parking will not interfere with pedestrian or vehicular traffic or municipal
infrastructure and only where a formal approval has been obtained from the County.
5.2.13 Use of Parking Areas
a) No required parking area or parking space shall be used for display or storage purposes
or for the location of any sign or light standard.
b) Notwithstanding the above, a required parking area may be used for a temporary garden
centre and tree and plant nursey associated with a commercial use provided:
i) no more than 20% the majority of the parking spaces may be used for a temporary
garden centre and tree and plant nursey; and
ii) the temporary garden centre and tree and plant nursery does not obstruct access to a
fire route.
5.2.14 Parking of Vehicles in Residential Zones
The parking of vehicles in Residential zones shall be subject to the following:
a) not more than one vehicle per dwelling unit shall be a vehicle used for commercial
purposes.
b) such commercial vehicles shall not exceed a height of 2.2 metres or a length of 6.7 metres.
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c) recreational vehicles, boats, personal water craft, horse trailers, general use trailers,
motorized racing vehicles and snowmobiles shall be prohibited from parking in any
required front yard or required exterior side yard. No parking space shall be permitted
within an auto shelter located within the required front yard or exterior side yard of a lot.
d) Notwithstanding the above, personal recreational vehicles or general use trailers with a
maximum height of 2 metres may be permitted on a temporary basis within the front yard
however must maintain 3 metres to the front lot line, and 1.5 metres from a side lot line.
5.2.15 Tandem Parking Permitted
Where off-street parking is required as per Table 5.1 of this by-law, a portion of the required
parking
spaces may be provided by tandem parking spaces in accordance with the following conditions:
a) An office use, industrial use, institutional use, or a warehouse use may provide a maximum
of 20% of the required parking spaces as tandem parking spaces provided that such
tandem parking spaces are designated and clearly marked as employee parking;
b) A funeral home or a place of worship may provide a maximum of 30% of the required
parking spaces as tandem parking spaces; and
c) A duplex dwelling, semi-detached dwelling, single-detached dwelling or a street
townhouse dwelling may provide one tandem parking space per dwelling unit.
5.3
Downtown Parking Credit
a) For any permitted use, within the Downtown Commercial zone, located in all or part of a
building existing prior to June 1, 2009; no additional parking spaces are required provided
that the number of parking spaces which existed on June 1, 2009 shall continue to be
provided and maintained.
Where a proposed addition, alteration or expansion of an existing building results in an
increase in gross leasable floor area, this subsection shall not apply.
b) Within the Downtown Commercial zone, any required parking resulting from new
development or construction on the said land shall be granted a reduction of up to a
maximum of twenty percent of the total parking requirements under Section 5.1 (Minimum
Number of Required Parking Spaces).
5.4
Parking Credit
5.4.1 Change of Use in a Commercial Zone
Where a change in use is proposed for any building or structure located in a Commercial zone,
the parking requirement shall be the lesser of the following:
a) the permitted number of parking spaces in accordance with Section 5.3 (Downtown
Parking Credit); or
b) the requirements of Section 5.1 (Minimum Number of Required Parking Spaces); or
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c) the sum of the parking spaces located on the lot immediately prior to the change of use
together with the net difference of the requirements between the previous and proposed
uses calculated in accordance with the standards set out in Section 5.1 (Minimum Number
of Required Parking Spaces).
5.5
Accessible Parking Spaces
5.5.1 Minimum Number of Required Accessible Parking Spaces
The required minimum number of accessible parking spaces shall be calculated in accordance
with Table 5.5, and included in the total minimum number of parking spaces required on the lot
in accordance with Section 5.1 (Minimum Number of Required Parking Spaces):
Table 5.5: Minimum Number of Required Accessible Parking Spaces
Total Number of Required Parking
Spaces
Minimum Number of Accessible
Parking Spaces (1)
1 to 12
1 (required to be a Type A accessible
parking space)
13 to 100
4% of total; 50% Type A and 50% Type
B
101 to 200
1 + 3% of total; 50% Type A and 50%
Type B
201 to 1,000
2 + 2% of total; 50% Type A and 50%
Type B
Over 1,000
11 + 1% of total; 50% Type A and
50%Type B
Notes: (1) Accessible parking spaces shall not be required for residential uses, except for
apartment dwellings, and condominium townhouse dwellings where they shall be calculated and
designated based on the required number of visitor parking spaces.
5.5.2 Calculation of Accessible Parking Spaces
a) Rounding
i) Where part of an accessible parking space is required, such part shall be considered
one accessible parking space for the purpose of calculating the minimum total
accessible parking space requirements.
b) Type of Accessible Parking Spaces Required
i) Where an even number of accessible parking spaces are required, an equal number
of Type A and Type B accessible parking spaces shall be provided.
ii) Where an odd number of accessible parking spaces are required, the number of
accessible parking spaces shall be divided equally between Type A and Type B
accessible parking spaces, but the additional odd-numbered accessible parking space
may be a Type B accessible parking space.
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c) Building Additions
i) Accessible parking spaces shall be provided for any addition to a building or structure
or a change in use, except that, where a building or structure has less than the required
accessible parking spaces as of the effective date of this By-law, this By-law shall not
be interpreted to require that the deficiency be made up in the event of an addition or
change of use provided that any accessible parking space required for such addition
or change of use is provided.
5.5.3 Accessible Parking Space Dimensions and Requirements
a) The minimum dimensions for a Type A accessible parking space are 5.8 m in length, 3.4
m in width, and a vertical clearance of 2.1 m, with an adjacent unobstructed pedestrian
access aisle of 1.5 m x 5.8 m.
b) The minimum dimensions for a Type B accessible parking space are 5.8 m in length, 3.0
m in width, and a vertical clearance of 2.1 m, with an adjacent unobstructed pedestrian
access aisle of 1.5 m x 5.8 m.
c) The 1.5 metre unobstructed pedestrian access aisle may be shared by two abutting
accessible parking spaces and must meet the following requirements:
i) The unobstructed pedestrian access aisle shall extend the full length of the accessible
parking space; and
ii) The unobstructed pedestrian access aisle shall be marked with high tonal contrast
diagonal lines, to discourage parking in them, where the surface is asphalt, concrete
or some other hard surface.
d) Accessible parking spaces shall be designated with a painted accessibility insignia and an
accessible permit parking sign.
e) Accessible parking spaces shall be located on the same lot and provided nearest the point
of an accessible entrance to the building and shall be clearly identified, demarcated and
signed accordingly for convenient access.
f) Barrier free access shall be provided from each accessible parking space to an accessible
building entrance. The paths between the accessible parking spaces and the building(s)
main entrance shall be accessible to persons with disabilities, such as being level with the
established grade through appropriate means such as ramps and depressed curbs, and
comprise a hard surface such as asphalt, concrete or some other hard surface.
Illustration of barrier free path of travel
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5.6
Requirements for Loading Spaces
5.6.1 Minimum Number of Required Loading Spaces
The minimum number of required loading spaces shall be provided and maintained on a lot in
accordance with Table 5.6:
Table 5.6: Minimum Number of Required Loading Spaces
Use
Minimum Number of Loading
Spaces
Residential Uses
i)
Building containing less than 30 apartment
dwelling units
None
ii)
Building containing 30 or more apartment
dwelling units
1
Offices and Medical Offices
i)
Less than 2,000.0 m2 of gross leasable floor area
None
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SECTION 5
PARKING & LOADING REQUIREMENTS
Table 5.6: Minimum Number of Required Loading Spaces
Use
Minimum Number of Loading
Spaces
ii)
2,000.0 m2 of gross leasable floor area up to
and including 10,000.0 m2of gross leasable floor
area
1
iii)
More than 10,000.0 m2 of gross leasable floor
area
2
Other Commercial, Institutional and Industrial Uses
i)
Less than 500 m2
None
ii)
Over 500 m2 up to and including 2,500 m2
1
iii)
Over 2,500 m2 up to and including 10,000 m2
2
iv) Over 10,000 m2
2, plus 1 additional space for each
10,000 m2 of total gross leasable floor
area of part thereof in excess of
10,000 m2
5.6.2 Calculation of Required Loading Spaces
a) Rounding
i) Where the calculation for the purposes of meeting this provision results in a partial
loading space, a full loading space shall be provided for the partial loading space.
b) Multiple Uses on a Lot
i) When a building, structure or lot accommodates more than one type of use, the loading
space requirement for such building, structure or lot shall be the sum of the
requirements for the separate uses thereof.
c) Building Additions
i) Loading spaces shall be provided for any addition to a building or structure or a change
in use, except that, where a building or structure has less than the required loading
spaces as of the effective date of this by-law, this by-law shall not be interpreted to
require that the deficiency be made up in the event of an addition or change of use
provided that any loading spaces required for such addition or change of use is
provided.
5.6.3 Loading Space Dimensions and Requirements
a) Each off-street loading space shall have minimum dimensions of 3.5 metres in width by
10.7 metres in length with a height clearance of 4.3 metres.
b) Sufficient space shall be provided on the same lot for the maneuvering of vehicles using
the loading docks. Such maneuvering space shall not utilize any required parking space.
c) No loading space shall be permitted to locate within 6.0 metres of a street line.
d) Institutional uses shall provide passenger loading areas. Passenger loading areas shall
not obstruct the access of any parking area or parking space.
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SECTION 5
PARKING & LOADING REQUIREMENTS
e) A loading space shall not be permitted in any required yard setback, a required front yard
or required exterior side yard;
f) A loading space shall not be permitted between the main wall of a building oriented toward
a front lot line or exterior side lot line and the applicable front lot line or exterior side lot
line.
g) No part of any loading space shall be located closer than 3.0 m to any interior side lot line
or rear lot line abutting a Residential Zone and 1.0 m abutting any other zone.
h) Access to loading spaces shall be provided by a driveway, aisle or lane which is at least
6.0 metres wide and provides direct access to a street.
5.7
Bicycle Parking Requirements
5.7.1 Minimum Number of Required Bicycle Parking Spaces
The minimum number of bicycle parking spaces shall be provided and maintained on a lot in
accordance with Table 5.7.
Table 5.7: Minimum Number of Required Bicycle Parking Spaces
Use
Minimum Number of Bicycle Parking Spaces
Residential Uses
i) Apartment Dwelling
0.25 spaces per apartment dwelling unit
ii) Retirement Home
0.25 spaces per suite, room or unit
Office and Commercial Uses
i) Business Office, or Medical
Office
1.0 spaces per 200.0 m2 of gross leasable floor
area
ii) Retail Store or any retail
commercial use
1.0 spaces per 200.0 m2 of gross leasable floor
area
iii) Restaurant, Restaurant, fast
food, or Restaurant, take-out
Restaurant
1.0 spaces per 100.0 m2 of gross leasable floor
area
Institutional Uses
i) School, Elementary or Private
School
1.0 space per 20 students / employees
ii) School, Secondary
1.0 space per 10 students / employees
iii) School, Post-Secondary
1.0 space per 20 students / employees
iv) Community Centre
2.0 spaces plus 1.0 per 500m2 of gross leasable
floor area
ii) Trade School
1.0 space per 200.0 m2 of gross leasable floor
area
5.7.2 Calculation of Bicycle Parking Space
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SECTION 5
PARKING & LOADING REQUIREMENTS
a) Rounding
i) Where part of a bicycle parking space is required, such part shall be considered one
bicycle parking space for the purpose of calculating the minimum total bicycle parking
space requirements.
b) Multiple Uses on a Lot
i) Where a building or structure accommodates more than one type of use, as defined
in this By-law, the bicycle parking space requirement for the whole building shall be
the sum of the requirements for the individual uses.
c) Building Additions
i) Bicycle parking spaces shall be provided for any addition to a building or structure or
a change in use, except that, where a building or structure has less than the required
bicycle parking spaces as of the effective date of this by-law, this by-law shall not be
interpreted to require that the deficiency be made up in the event of an addition or
change of use provided that any bicycle parking required for such addition or change
of use is provided.
5.7.3 Bicycle Parking Space Dimensions and Requirements
a) A bicycle parking space shall be an unobstructed space with a minimum dimension of
0.6m wide by 1.8 m in length. A bicycle rack shall be provided to enable a bicycle to be
locked in place.
b) Bicycle parking spaces shall be accessed by an unobstructed aisle with a minimum width
of 1.5m.
c) Bicycle parking spaces shall be provided with convenient access to the principal building
entrance and shall be located within 35m of a principal building entrance and shall not
occupy or impede any pedestrian access or parking area.
d) Notwithstanding any other provision of this By-law, bicycle parking spaces shall be
permitted in any yard, provided they are no closer than 0.6m to any lot line, and shall not
be located within a sight triangle.
SECTION 6
RESIDENTIAL ZONES
6
Residential Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Residential Zones except in accordance with the applicable General Provisions (Section 4.0)
and Parking and Loading Requirements (Section 5.0) and the following:
6.1
List of Applicable Zones
Urban Residential Type 1 (single detached)
R1 (A, B, C)
Urban Residential Type 2 (semi detached/duplex dwelling) R2
Urban Residential Type 3 (tri-plex dwelling/four-plex)
R3
Urban Residential Type 4 (townhouse dwellings)
R4
Urban Residential Type 5 (apartment)
R5
Urban Residential Type 6 (apartment)
R6
Hamlet Residential
RH
Lakeshore Residential
RL
6.2
Permitted Uses
Uses permitted in the Residential Zones are denoted by the symbol "-" in the column applicable
to that Zone and corresponding with the row for a specific permitted use in Table 6.1 below.
Where the letter "E" is identified following the symbol "-", only legally existing uses shall be
permitted. Where the letter "A" is identified following the symbol "-", the use is only permitted as
an accessory use to another permitted use. Where a permitted use is subject to use specific
general provisions, a notation has been added to the permitted use and reference should be made
to the General Provisions in Section 4.
Table 6.1: Permitted Uses in the Residential Zones
Uses
R1
R2
R3
R4
R5
R6
RH
RL
a) Residential Uses
Bed and breakfast
establishment
(refer to Section 4.7)
-
-
-
-
-
Single detached
dwelling
-
-
-
-
-E
Semi-detached
dwelling
-
-
Duplex dwelling
-
-
Tri-plex dwelling
-
Four-plex dwelling
-
Rooming house
-
Street townhouse
dwelling
-
Group townhouse
dwelling
-
Stacked townhouse
dwelling
-
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SECTION 6
RESIDENTIAL ZONES
Table 6.1: Permitted Uses in the Residential Zones
Uses
R1
R2
R3
R4
R5
R6
RH
RL
Back-to-back
townhouse dwelling
-
Apartment dwelling
-E
-
-
Group home dwelling
(refer to Section 4.26)
-
-
-
Vacation home
dwelling
(refer to Section 4.14)
-
Garden Suite
(refer to Section 4.24)
-A
-A
Home-based
business, home office
(refer to Section 4.27.1)
-A
-A
-A
-A
-A
-A
-A
-A
Home-based
business, home
occupation
(refer to Section 4.27.2)
-A
-A
-A
-A
-A
-A
Home-based
business, home
industry
(refer to Section 4.27.3)
-A
Backyard Hens
(refer to Section 4.6)
-A
Notes:
(1) Where a vacation home dwelling is located on a private road, a Limited Servicing Agreement
is required.
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SECTION 6
RESIDENTIAL ZONES
6.3
Zone Provisions
No person shall within any Residential Zone use or permit the use of any lot or erect, alter or use
any building or structure except in accordance with the zone standards in Tables 6.2a and 6.2b
below. Any numbers in parentheses following the particular regulation, zone heading, or
applicable standard indicates that one or more additional regulations apply to buildings and
structures in the applicable Zone, which are listed below the table.
Table 6.2a: Zone Provisions for the Residential Zones
Zone Provision
R1-A
R1-B
R1-C
RH
RL
R2 (1)
With no
municipal
sanitary
services
(only
municipal
water
service)
With
municipal
sanitary
services
With
municipal
sanitary
and water
service
Semi-
detached
Duplex
Minimum Lot
Area (Interior
Lot)
450
sq. m
360
sq. m
235
sq. m
1,855
sq. m
925 sq. m
465 sq. m
925 sq.
m
255 sq.
m.
450 sq.
m.
Minimum Lot
Area (Corner
Lot)
540
sq.
m.
412
sq.
m.
280
sq.
m.
1,855
sq. m.
925 sq.
m.
560 sq. m
925 sq.
m.
345 sq.
m.
540 sq.
m
Minimum Lot
Frontage
(Interior Lot)
15.0
m
12.0
m
8.0
m
30.0 m
18.0 m
15.0 m
18.0 m
7.5 m
15.0 m
Minimum Lot
Frontage
(Corner Lot)
18.0
m
15.0
m
10.0
m
30.0 m
18.0 m
18.0 m
24.0 m
11.5 m
18.0 m
Minimum Front
Yard
6.0
m
6.0
m
6.0
m
9.0 m
9.0 m
9.0 m
7.0 m
6.0 m or
3.0m
(where a
detached
private
garage or
parking
space is
accessed
via a rear
lane)
6.0 m or
3.0m
(where a
detached
private
garage or
parking
space is
accessed
via a rear
lane)
Minimum
Exterior Side
Yard
4.0
m
4.0
m
3.0
m
9.0 m
9.0 m
9.0 m
7.0 m
4.0 m
4.0 m
Minimum Interior
Side Yard (with
Attached Private
Garage)
1.2
m on
each
side
1.0
m on
each
side
1.0
m on
each
side
1.2 m on
each
side
1.2 m on
each side
1.2 m on
each side
1.2 m
on
each
side
1.2 m on
each
side
1.2 m on
each
side
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SECTION 6
RESIDENTIAL ZONES
Table 6.2a: Zone Provisions for the Residential Zones
Zone Provision
R1-A
R1-B
R1-C
RH
RL
R2 (1)
With no
municipal
sanitary
services
(only
municipal
water
service)
With
municipal
sanitary
services
With
municipal
sanitary
and water
service
Semi-
detached
Duplex
Minimum Interior
Side Yard (with
Detached Private
Garage or Parking
Space Accessed via
the Front Yard)
3.0
m
and
1.2
m
3.0
m
and
1.0
m
3.0
m
and
1.0
m
3.0 m
and 1.2
m
3.0 m
and 1.2
m
3.0 m and
1.2 m
3.0 m
and 1.2
m
3.0 m
and 1.2
m
3.0 m
and 1.2
m
Minimum Interior
Side Yard (with
Detached Private
Garage or Parking
Space Accessed via
a Rear Lane)
3.0
m
and
1.2
m
3.0
m
and
1.0
m
1.2
m
and
1.0
m
3.0 m
and 1.2
m
3.0 m
and 1.2
m
3.0 m and
1.2 m
3.0 m
and 1.2
m
1.2 m on
each
side
1.2 m on
each
side
Minimum Rear
Yard
7.5
m
7.5
m
7.0
m
9.0 m
9.0 m
9.0 m
9.0 m
7.5 m
7.5 m
Maximum
Building Height
11.0
m
11.0
m
11.0
m
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Minimum Gross
Floor Area:
NA
NA
NA
NA
NA
NA.
NA
NA
NA
Minimum
Landscaped
Open Space -
Required Front
Yard
50%
50%
50%
NA
NA
NA
NA
50%
50%
Notes:
(1)
Single Detached Dwellings are permitted in the R2 Zone subject to the applicable R1-B
zone provisions.
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SECTION 6
RESIDENTIAL ZONES
Table 6.2b: Zone Provisions for the Residential Zones
Zone Provision
R3 (1)
Tri-plex
Four-plex
Rooming
House (2)
Minimum Lot Area (Interior Lot)
580 sq. m.
660 sq. m.
440 sq. m.
Minimum Lot Area (Corner Lot)
680 sq. m.
765 sq. m.
540 sq. m.
Minimum Lot Frontage (Interior Lot)
17.0 m
19.5 m
15.0 m
Minimum Lot Frontage (Corner Lot)
20.0 m
22.5 m
18.0 m
Minimum Front Yard
6.0 m
6.0 m
6.0 m
Minimum Front Yard (where a detached
private garage or parking space is accessed via
a rear lane)
6.0 m
6.0 m
6.0 m
Minimum Exterior Side Yard
6.0 m
6.0 m
6.0 m
Minimum Interior Side Yard:
3.0 m and
1.2 m
3.0 m
3.0 m and
1.2 m
Minimum Rear Yard
12.0 m
12.0 m
9.0 m
Maximum Building Height
11.0 m
11.0 m
11.0 m
Minimum Gross Floor Area:
NA
NA
NA
Minimum Landscaped Open Space -
Required Front Yard
30%
30%
30%
Notes:
(1)
Single Detached Dwellings, Semi-Detached Dwellings and Duplex Dwellings are
permitted in the R3 Zone subject to the applicable R2 zone provisions.
(2)
Rooming house:
a)
Minimum guest room area: 8.0 sq. m.
b)
Yard Exemptions: Any dwelling having any yard less than that required by this by-
law may be converted or altered to a rooming house provided:
i. the dwelling existed prior to the passing of this by-law;
ii. the dwelling does not contain less than 90 sq. m. of gross leasable floor
area; and
iii. any extension or addition complies to the yard requirements of this by-law.
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SECTION 6
RESIDENTIAL ZONES
Table 6.2c: Zone Provisions for the Residential Zones
Zone Provision
R4 (1)
R5
R6
Street
townho
uses
(Per
unit)
Group
townhou
ses (Per
unit)
Stacked
townhous
es (Per
block)
Back-to-
back
townhouse
s (Per
block)
Minimum Lot
Area (Interior
Lot)
156 sq.
m. or
163 sq.
m. (with
parking
accessed
via a rear
lane)
195 sq.
m. or 215
sq. m.
(with
parking
accessed
via a rear
lane)
120 sq. m.
480 sq. m.
NA
NA
Minimum Lot
Area (Corner
Lot)
215 sq.
m. (with
attached
private
garage)
or 192
sq. m.
(with
parking
accessed
via a rear
lane)
215 sq.
m. (with
attached
private
garage) or
215 sq.
m. (with
parking
accessed
via a rear
lane)
120 sq. m.
480 sq. m.)
NA
NA
Minimum Lot
Frontage
(Interior Lot)
5.5 m or
6.0 m
per unit
(with
parking
accessed
via a rear
lane)
5.5 m or
6.0 m per
unit (with
parking
accessed
via a rear
lane); and
30.0m (for
entire block)
8.0 m
15.0 m
NA
NA
Minimum Lot
Frontage
(Corner Lot)
8.0 m or
7.5 m
per unit
(with
parking
accessed
via a rear
lane)
8.0 m or
7.5 m per
unit (with
parking
accessed
via a rear
lane); and
30.0m (for
entire block)
8.0 m
15.0 m
NA
NA
Minimum Front
Yard
6.0 m
(with
attached
private
garage)
6.0 m (with
attached
private
garage)
6.0 m
6.0 m)
3.0 m (or the
established
building line
on the block,
whichever is
greater)
3.0 m (or
the
established
building line
on the block,
whichever is
greater)
Minimum Front
Yard (where a
detached private
garage or parking
space is accessed
via a rear lane)
3.0 m
3.0 m
3.0 m
NA
NA
NA
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SECTION 6
RESIDENTIAL ZONES
Table 6.2c: Zone Provisions for the Residential Zones
Zone Provision
R4 (1)
R5
R6
Street
townho
uses
(Per
unit)
Group
townhou
ses (Per
unit)
Stacked
townhous
es (Per
block)
Back-to-
back
townhouse
s (Per
block)
Minimum
Exterior Side
Yard
3.0 m
3.0 m
3.0 m
3.0 m
3.0 m (or the
established
building line
on the block,
whichever is
greater)
3.0 m (or
the
established
building line
on the block,
whichever is
greater)
Minimum Interior
Side Yard:
1.2 m
(0.0 m
along
common
wall)
2.0 m
(between
group
townhouse
dwellings)
2.0 m
2.0 m
4.0 m
4.0 m
Minimum Rear
Yard
7.5 m;
13.5 m
(with
parking
accessed
via a rear
lane)
7.5 m;
13.5 m
(with
parking
accessed
via a rear
lane)
7.5 m; 13.5
m (with
parking
accessed via
a rear lane)
NA
9.0 m
9.0 m
Maximum
Building Height
11.0 m
11.0 m
11.0 m
11.0 m
18.0 m (5
storeys)
29.0 m (8
storeys)
Minimum
Amenity Area
NA
NA
20 sq. m
per
dwelling
unit
20 sq. m
per dwelling
unit
20 sq. m
per
dwelling
unit
20 sq. m
per
dwelling
unit
Minimum Gross
Floor Area:
NA
NA
NA
NA
NA
NA
Maximum Floor
Area Ratio
NA
NA
NA
NA
1.5 (1)
2.0 (1)
Minimum
Landscaped
Open Space -
Required Front
Yard
30%
30%
20%
20%
NA
NA
Notes:
(1) Maximum Floor area ratio is calculated by dividing gross leasable floor area by the lot
area.
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SECTION 6
RESIDENTIAL ZONES
6.4
Special Exceptions
6.4.1 R1-A,B,C - Urban Residential Type 1
6.4.1.1 Type 1-A
6.4.1.1.1 R1-A.1
That on lands delineated as having reference to this subsection the
following provisions shall apply:
That notwithstanding the provision of Section 4.38 'Minimum Services' a
single detached dwelling and permitted accessory structures are permitted
to be erected, altered or enlarged on the subject lands without connection
to a sanitary water system. [1296-HC/22]
6.4.1.1.2 R1-A.2
That on the lands delineated as having reference to this subsection the
following shall apply to Part 1:
Part 1
a) minimum lot area (corner lot): 464 square metres;
b) minimum front yard 4.65 metres;
c) minimum rear yard: 6.44 metres;
Notwithstanding the provision of Section 3 Definitions, the following shall
apply to Part 2, for the purpose of determining required setbacks:
Part 2
d) The southern lot line shall be the rear lot line;
e) The northern lot line shall be the front lot line;
f) The eastern and western lot lines shall be interior side lot lines.
6.4.1.2 Type 1-B
6.4.1.2.1 R1-B.1
In addition to the uses permitted in the R1-B Zone, a semi-detached d
welling shall be permitted.
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SECTION 6
RESIDENTIAL ZONES
In lieu of the corresponding provisions in the R1-B Zone, the following shall
apply:
g) minimum lot area (interior lot): 220 square metres;
h) minimum lot area (corner lot): 265 square metres;
i) minimum lot frontage (interior lot): 8 metres;
j) minimum lot frontage (corner lot): 10 metres;
k) minimum front yard: 4.5 metres to the dwelling and 6.0 metres to the
garage;
l) minimum exterior side yard: 2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0 metres from the lot line on the
flankage street;
m) minimum interior side yard:
i.
For one family dwelling house: 1.2 metres on one side and 0.6
metres on the other side.
ii. For two family dwelling house: 1.2 metres, except no interior
side yard is required along common lot line.
n) Minimum rear yard: 7.0 metres;
o) Notwithstanding the provisions of Subsection 4.2 Accessory Uses,
Buildings and Structures to Residential Zones, an accessory building or
combination of buildings is permitted up to a maximum of 10% lot
coverage or 10 square metres, whichever is less.
p) Notwithstanding the provisions of Subsection 4.15 Decks and
Unenclosed Porches, a porch may project into any required front yard
setback a distance of not more than 2.0 metres; any required exterior
side yard setback a distance of not more than 1.8 metres; and, any
required rear yard setback a distance of not more than 2.5 metres.
q) Notwithstanding the provisions of Subsection 4.15 Decks and
Unenclosed Porches, a patio or deck above the finished grade may
project into any required rear yard setback a distance of not more than
2.5 metres. Any patio or deck constructed in a rear yard is restricted to
a maximum size of 3.1 metres by 2.5 metres.
r) Notwithstanding the provisions of Subsection 4.20(g) Exemptions from
Yard Provisions, an air conditioning unit shall be setback a minimum of
0.6 metres from any side or rear property line. An air conditioning unit is
not permitted in any part of a required front yard or setback.
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SECTION 6
RESIDENTIAL ZONES
s) Notwithstanding the provisions of Subsection 4.20(h) and (i) Other
Exemptions from Yard Provisions, steps/stairs may project into any
required front yard or setback a distance of not more than 3.5 metres.
t) Notwithstanding the provisions of Subsection 5.2.3 Parking Space
Dimensions, the following shall apply: The parking space size located
within the garage shall have a minimum width of 3.0 metres and have a
minimum length of 6.0 metres. Stairs, to a maximum of 3 risers or 0.61
metres, shall be permitted to encroach into this parking space.
u) In lieu of the provisions for Minimum Landscaped Open Space -
Required Front Yard, a maximum of 70% of the front yard may be
permitted as hardscaping. For the purposes of this by-law, hardscaping
shall be considered as finished space consisting or pavement, concrete,
patio stones, interlock or other hard surface treatment.
v) Notwithstanding Subsection 5.2.9 Projection of an Attached Garage, a
garage face can extend a maximum of 1 metre in front of a ground floor
porch where it meets all other applicable setbacks.
w) The definition of a "Sight (or Daylight) Triangle" shall not apply to the
lands identified as having reference to this subsection and the following
definition shall apply in lieu thereof;
i.
Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by
the intersecting street lines of a corner lot and a line drawn from
a point on one of the street lines to a point on the other street
line, each point being measured 4.5 metres from the point of
intersection of the street lines.
ii. Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by
the intersecting street lines of a corner lot and a line drawn from
a point on one of the street lines to a point on the other street
line, each being measured 7.5 metres from the point of
intersection of the street lines. iii. That the front yard, side yard
and rear yard setbacks shall be measured as if the Sight
Triangle does not exist. [1299-HC/22]
6.4.1.2.2 R1-B.2
In lieu of the corresponding provisions in the R1-B Zone, subject to special
provisions HAL36.469, the following shall apply:
a) maximum building height: 13.5 metres; [1310-HC/22]
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6.4.1.2.4 R1-B.4
In lieu of the corresponding provisions in the R1-B Zone, the following shall
apply:
a) Notwithstanding the provisions of Subsection 4.2 Accessory Uses,
Buildings and Structures to Residential Uses, the maximum accessory
building coverage shall be 112 square metres;
b) Notwithstanding the provisions of Subsection 4.2 Accessory Uses,
Buildings and Structures to Residential Uses, the maximum accessory
building height shall be 7.78 metres;
c) Notwithstanding the provisions of Subsection 4.20 Exemptions from
Yard Provisions, balconies are permitted no closer than 1.0 metre from
the interior lot line;
d) Notwithstanding the provisions of Subsection 4.55 Secondary Suites, the
maximum secondary suite size shall be 93 square metres.
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
6.4.1.3 Type 1-C
6.4.1.3.1 R1-C.1
6.4.2 R2 - Urban Residential Type 2
6.4.2.1 R2.1
Single Detached Dwellings are permitted in the R2.1 Zone subject to the R1-C
Zone provisions. In lieu of the corresponding provisions in the R1-C and R2 Zones,
the following shall apply for Single and Semi-Detached Dwellings;
b) minimum front yard: 4.5 metres to the dwelling and 6.0 metres to
the garage;
c) minimum interior side yard (with attached garage, private): 1.2
metres on one side and 0.6 metres on the other side for single
detached dwellings and 1.2 metres (0.0 m along the common
wall) for semidetached dwellings.
Notwithstanding the provisions of Section 4.2 d), "Accessory Uses, Buildings and
Structures to Residential Uses", 4.15 a) "Decks and Unenclosed Porches", 4.20
a), b), d), g) "Exemptions from Yard Provisions", the following provisions shall
apply:
a) a deck or unenclosed porch may project into any required yard setback a
distance of not more than 2.0 metres, provided it is located no closer than
0.6 metres from a lot line, except a deck or unenclosed porch within a front
or rear yard may be located 0.0 metres from a common interior lot line;
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b) sills, belt courses, cornices, chimneys, bay windows, pilasters, window
projections, architectural elements, hydro meters or gas meters may
project into any required yard or setback area a distance of not more than
0.6 metres, provided that they are no closer than 0.6 metres from a lot line,
except sills, belt courses, cornices, chimneys, bay windows, pilasters,
window projections, architectural elements, hydro metres or gas metres
may be located 0.0 from a common interior lot line;
c) for single detached dwellings, eaves and gutters for other than accessory
building may project into any required yard or setback a distance of not
more than 0.4 metres;
d) canopies, awnings and/or steps may project into any required front yard
area a distance of not more than 2.0 metres.
Notwithstanding the provisions of Section 5.2.3 b) "Parking Space Dimensions" a
parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres.
Notwithstanding the provisions of Section 5.2.6 "Parking Lot and Garage
Requirements", stairs, to a maximum of 3 risers or 0.61 metres, shall be permitted
to encroach into a parking space located within a garage.
In addition to the provisions of the R2.1 Zone, the following provision shall apply
to Part 1, if the built form of development is two storeys:
a) for a Second Storey of a Dwelling, no glazing shall be permitted on the
building's side wall that abuts and is generally parallel to Lot Line "A",
except for areas located within a bathroom, or a stairwell providing
access to that second storey.
In addition to the provisions of the R2.1 Zone, the following provision shall apply
to Part 3:
a) minimum Landscaped Open Space: 35%
b) Lot Line "G" shall be defined as the "Lot Line, Front"
c) Lot Lines "H", "I", "J" and "L" shall be defined as "Lot Line, interior"
d) Lot Line "K" shall be defined as "Lot Line, Rear"
e) Part 3 shall be considered an Interior Lot [1306-HC/22]
6.4.2.2 R2.2
Single Detached Dwellings are permitted in the R2.2 Zone subject to the R1-C
Zone provisions. In lieu of the corresponding provisions in the R1-C and R2 Zones,
the following shall apply for Single Detached Dwellings:
a) minimum front yard: 4.5 metres to the dwelling and 6.0 metres to the
garage;
b) minimum interior side yard (with attached garage, private): 1.2 metres on
one side and 0.6 metres on the other side for single detached dwellings.
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Notwithstanding the provisions of Section 4.2 d), "Accessory Uses, Buildings and
Structures to Residential Uses", 4.15 a) "Decks and Unenclosed Porches", 4.20
a), b), d), g) "Exemptions from Yard Provisions", the following provisions shall
apply:
a) a deck or unenclosed porch may project into any required yard setback
a distance of not more than 2.0 metres, provided it is located no closer
than 0.6 metres from a lot line;
b) sills, belt courses, cornices, chimneys, bay windows, pilasters, window
projections, architectural elements, hydro meters or gas meters may
project into any required yard or setback area a distance of not more than
0.6 metres, provided that they are no closer than 0.6 metres from a lot
line;
c) for single detached dwellings, eaves and gutters for other than accessory
building may project into any required yard or setback a distance of not
more than 0.4 metres;
d) canopies, awnings and/or steps may project into any required front yard area a
distance of not more than 2.0 metres.
Notwithstanding the provisions of Section 5.2.3 b) "Parking Space Dimensions" a
parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres.
Notwithstanding the provisions of Section 5.2.6 "Parking Lot and Garage
Requirements", stairs, to a maximum of 3 risers or 0.61 metres, shall be permitted
to encroach into a parking space located within a garage.
Notwithstanding the provisions of Section 4.62 "Uses Permitted in all Zones", a
Lane shall also be permitted.
Notwithstanding Section 3 "Definitions", the definition of Lane shall be amended
as follows:
"Lane" shall mean a public or private thoroughfare which affords only
limited access for vehicular traffic to abutting lots and which is not intended for
general traffic circulation and is not considered a Street or Road.[1306-HC/22]
6.4.3 R3 - Urban Residential Type 3
6.4.3.1 R3.1
Part 1
In lieu of the corresponding provisions in the R3 Zone, the following shall apply:
a) Minimum lot area: 240 square metres
b) Minimum landscaped open space: 45 percent
6.4.4 R4 - Urban Residential Type 4
6.4.4.1 R4.1
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In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
x) Maximum building height: 12 metres;
y) Minimum lot frontage (interior lot) per block: 5.79 metres.
Notwithstanding the provisions of Subsection 5.2.15, tandem parking spaces shall be
permitted. [1295-HC/22]
6.4.4.2 R4.2
In addition to the uses permitted in the R4 Zone, a single detached dwelling and
semi-detached dwelling shall be permitted.
In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
a) minimum lot area (interior lot): 150 square metres;
b) minimum lot area (corner lot): 210 square metres;
c) minimum lot frontage (interior lot): 5.5 metres;
d) minimum lot frontage (corner lot): 8 metres;
e) minimum front yard: 4.5 metres to the dwelling and 6.0 metres to the
garage;
f) minimum exterior side yard: 2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0 metres from the lot line on the
flankage street;
g) minimum rear yard: 6.0 metres;
h) Notwithstanding the definition of Dwelling, Street Townhouse, the
following shall apply: Townhouses shall mean a dwelling house comprising
three or more dwelling units with each dwelling unit being divided one from
the other by an above grade vertical common wall, a minimum of 10 square
metres in area and each dwelling unit having direct access to a yard. A
maximum of eight dwelling units are permitted in a row.
i) Notwithstanding the provisions of Subsection 4.2 Accessory Uses,
Buildings and Structures to Residential Zones, an accessory building or
combination of buildings is permitted up to a maximum of 10% lot coverage
or 10 square metres, whichever is less.
j) Notwithstanding the provisions of Subsection 4.15 Decks and
Unenclosed Porches, a porch may project into any required front yard
setback a distance of not more than 2.0 metres; any required exterior side
yard setback a distance of not more than 1.8 metres; and, any required
rear yard setback a distance of not more than 2.5 metres.
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k) Notwithstanding the provisions of Subsection 4.15 Decks and
Unenclosed Porches, a patio or deck above the finished grade may project
into any required rear yard setback a distance of not more than 2.5 metres.
Any patio or deck constructed in a rear yard is restricted to a maximum size
of 3.1 metres by 2.5 metres.
l) Notwithstanding the provisions of Subsection 4.20(g) Exemptions from
Yard Provisions, an air conditioning unit shall be setback a minimum of 0.6
metres from any side or rear property line. An air conditioning unit is not
permitted in any part of a required front yard or setback.
m) Notwithstanding the provisions of Subsection 4.20(h) and (i) Other
Exceptions from Yard Provisions, steps / stairs may project into any
required front yard or setback a distance of not more than 3.5 metres.
n) Notwithstanding the provisions of Subsection 5.2.3 Parking Space
Dimensions, the following shall apply: The parking space size located
within a garage shall have a minimum width of 3.0 metres and have a
minimum length of 6.0 metres. Stairs, to a maximum of 3 risers or 0.61
metres, shall be permitted to encroach into this parking space.
o) In lieu of the provisions for Minimum Landscaped Open Space -
Required Front Yard, a maximum of 70% of the front yard may be permitted
as hardscaping. For the purposes of this by-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
p) Notwithstanding Subsection 5.2.9 Projection of an Attached Garage, a
garage face can extend a maximum of 1 metre in front of a ground floor
porch where it meets all other applicable setbacks.
q) That where a street townhouse block having 8 or more units is
constructed at the intersection of a local street and a collector street, with
the units facing the collector street, the driveway and garage of the corner
lot shall be located on the local street.
For the purposes of this by-law, a collector street is a street with a right-of
way width of 20 metres or greater. A local street is a street with a right-of
way width of 18 metres or less.
r) The definition of a "Sight (or Daylight) Triangle" shall not apply to the
lands identified as having reference to this subsection and the following
definition shall apply in lieu thereof:
iv. Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by
the intersecting street lines of a corner lot and a line drawn from a
point on one of the street lines to a point on the other street line,
each point being measured 4.5 metres from the point of intersection
of the street lines.
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v. Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point
on one of the street lines to a point on the other street line, each
being measured 7.5 metres from the point of intersection of the
street lines.
vi. That the front yard, side yard and rear yard setbacks shall be
measured as if the Sight Triangle does not exist. [1299-HC/22]
6.4.4.3 R4.3
In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
a) minimum front yard: 4.5 metres to the dwelling and 6.0 metres to the garage
Notwithstanding the provisions of Section 4.2 d), "Accessory Uses, Buildings and
Structures to Residential Uses", 4.15 a) "Decks and Unenclosed Porches", 4.20
a), d), g) "Exemptions from Yard Provisions", the following provisions shall apply:
a) a deck or unenclosed porch may project into any required yard setback
a distance of not more than 2.0 metres, provided it is located no closer
than 0.6 metres from a lot line, except a deck or unenclosed porch
within a front or rear yard may be located 0.0 metres from a common
interior lot line;
b) sills, belt courses, cornices, chimneys, bay windows, pilasters, window
projections, architectural elements, hydro meters or gas meters may
project into any required yard or setback area a distance of not more
than 0.6 metres, provided that they are no closer than 0.6 metres from
a lot line, except sills, belt courses, cornices, chimneys, bay windows,
pilasters, window projections, architectural elements, hydro metres or
gas metres may be located 0.0 from a common interior lot line;
c) canopies, awnings and/or steps may project into any required front
yard area a distance of not more than 2.0 metres.
Notwithstanding the provisions of Section 5.2.3 b) "Parking Space Dimensions" a
parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres.
Notwithstanding the provisions of Section 5.2.6 "Parking Lot and Garage
Requirements", stairs, to a maximum of 3 risers or 0.61 metres, shall be permitted
to encroach into a parking space located within a garage.
In addition to the provisions of the R4.3 Zone, the following provision shall apply
to Part 8, if the built form of development is two storeys:
a) for a Second Storey of a Dwelling, no glazing shall be permitted on the
building's side wall that abuts and is generally parallel to Lot Line "E",
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except for areas located within a bathroom, or a stairwell providing
access to that second storey.
In addition to the provisions of the R4.3 Zone, the following provision shall apply
to Part 8:
a) Lot Line "B" shall be defined as the "Lot Line, Front"
b) Lot Lines "C", "E", and "F" shall be defined as "Lot Line, interior"
c) Lot Line "D" shall be defined as "Lot Line, Rear" [1306-HC/22]
6.4.4.5 R4.5
In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
a) minimum front yard: 4.4 metres;
b) minimum exterior side yard (northerly): 6 metres;
c) minimum exterior side yard (southerly): 9 metres; and,
d) minimum rear yard: 5.5 metres;
Notwithstanding the provisions of Subsection 4.31 a) ii) Landscaped Strip, no landscaped
strip shall be required adjacent to the street along the northerly lot line (Queen Avenue).
Notwithstanding Subsection 5.2.6 e) Parking Lot and Garage Requirements, a minimum
front yard setback of 4.4 metres shall be required to an attached garage that faces the
street.
6.4.4.6 R4.6
In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
a)
Minimum parking spaces for an apartment building existing at the
time of the passing of this by-law: 1 space per unit;
b)
No visitor parking spaces shall be required for an apartment
building existing at the time of the passing of this by-law;
c)
Minimum parking lot setback from a residential zone: 1.80 metres
from the north lot line abutting a residential zone, and
d)
Minimum landscaped strip: 1.80 metres from the north lot line
abutting a residential zone.
6.4.4.7 R4.7
In addition to the uses permitted in the R4 Zone, all uses listed in Column 1 of this
By-law, all institutional uses permitted in the IC Zone, as well as all uses permitted
in the OS.7 Zone shall be permitted.
In lieu of the corresponding provisions in the R4 Zone, the following shall apply:
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a)
Permitted uses listed in Column 1, Rows 1 through 6 in Schedule "A" of
this By-law shall be subject to the provisions of the R 1-C Zone,
except:
i. Notwithstanding Section 6.3 of By-law HC 1-2020, as amended, the site-
specific provisions identified in Columns 2 through 18 in Schedule "A" of
this By-law shall apply.
b)
Permitted uses listed in Column 1, Rows 7 through 10 in Schedule "A" of this By-
law shall be subject to the provisions of the R4 Zone, except:
i. Notwithstanding Section 6.3 of By-law HC 1-2020, as amended, the site-
specific provisions identified in Columns 2 through 18 in Schedule "A" of this By-
law shall apply.
c)
Notwithstanding the provisions of Subsection 4.2 Accessory Uses, Buildings and
Structures to Residential Zones, Column 16 in Schedule "A" of this By-law shall
apply.
d)
Notwithstanding the provisions of Subsection 4.2(f), Column 16 in Schedule "A" of
this By-law shall apply.
e)
Notwithstanding the provisions of Subsection 4.2, Column 17 in Schedule "A" of
this By-law shall apply.
f)
Notwithstanding the provisions of Subsection 4.15 Decks and Unenclosed
Porches, Column 10 (porch) and Column 11 (patio or deck above finished grade)
in Schedule "A" of this By-law shall apply.
g)
Notwithstanding the provisions of Subsection 4.20 Exemptions from Yard
Provisions, Columns 12 ( eaves and gutters) and 15 (balcony) in Schedule "A" of
this By-law shall apply.
h)
Notwithstanding the provisions of 6.4.4.7g), unsupported canopies, eaves or
gutters associated with an accessory building or structure to a residential use are
permitted to encroach a distance of 0.45 metres into a required yard.
i)
Notwithstanding the provisions of Subsection 4.55, Column 18 in Schedule "A" of
this By-law shall apply.
j)
Notwithstanding the provisions of Subsection 4.55, an accessory secondary suite
where the only entrance to a secondary dwelling unit is provided from the rear yard
or side yard, a parking space shall be permitted within the 1 m required walkway
between the main wall of the accessory building and the side lot line.
k)
Notwithstanding the provisions of Subsection 4.55, an accessory secondary suite
shall be permitted on a lot accessible by a private road.
I)
The definition of "Lot Line, Rear" shall not apply to the lands adjacent to the pond,
where:
i. the lot is/unit is on an interior or corner lot; and,
ii. is accessed by a private road or local road.
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
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The following definition for "Lot Line, Rear" shall apply in lieu thereof:
"LOT LINE, REAR" shall mean the lot line adjacent to the private garage-facing side of the
individual single or semi-detached, group or street townhouse unit accessed via a private
road or local road.
m)
Where Subsection 6.4.4. 7. I) applies, the definition of "Lot Line, Front" shall not apply to
the lands identified as having reference to this subsection and the following definition
shall apply in lieu thereof:
"LOT LINE, FRONT" shall mean the lot line opposite the lot line, rear.
n)
Notwithstanding the definition of Dwelling, Street Townhouse, the following shall apply:
Townhouses shall mean a dwelling house comprising three or more dwelling units
with each dwelling unit being divided one from the other by an
above grade vertical
common wall, a minimum of 10 square metres in area and each dwelling unit having
direct access to a yard. A maximum of eight dwelling units are permitted in a row.
o)
Notwithstanding the provisions of Subsection 5.1 Minimum Number of Required
Parking Spaces, the permitted use identified in Row 6 of Schedule "A" to this By- law
shall be permitted a minimum of 1 parking space for each dwelling unit, provided:
i. An additional parking space for each dwelling unit is available
in a designated location secured through a Development Agreement and/or Site Plan
Agreement, where applicable, to the satisfaction of the General Manager of Community
& Development Services.
p)
Notwithstanding the provisions of Subsection 5.1.1 Visitor Parking, visitor parking
spaces for back-to-back townhouses shall be provided on-street, and shall be approved
through detailed engineering design.
q)
Notwithstanding the provisions of Subsection 5.2.3 Parking Space Dimensions, the
following shall apply: The parking space size located within a private garage shall have a
minimum width of 3.0 metres and have a minimum length of 6.0 metres. Stairs, to a
maximum of 3 risers or 0.61 metres, shall be permitted to encroach into the length of the
parking space.
r)
The definition of a "Sight (or Daylight) Triangle" shall not apply to the lands identified as
having reference to this subsection and the following definition shall apply in lieu thereof:
i. Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by the intersecting street
lines of a corner lot and a line drawn from a point on one of the street lines to a point on
the other street line, each point being measured 4.5 metres from the point of intersection
of the street lines.
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ii.
Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by the intersecting street
lines of a corner lot and a line drawn from a point on one of the street lines to a point on
the other street line, each being measured 7.5 metres from the point of intersection of
the street lines.
iii.
That the front yard, side yard and rear yard setbacks shall be measured as if the Sight
Triangle does not exist.
s)
The maximum number of residential lots per the draft approved plan of subdivision shall
not exceed 1,227 lots for greater clarity this number does not include blocks being
conveyed to the County of Haldimand including but not limited to Open Space, Park and
Stormwater Management Ponds).
6.4.5 R5 - Urban Residential Type 5
6.4.5.1 R5.1
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
i.
Notwithstanding the zone provisions under Section 6.3, a left interior
side yard of 3 m is permitted.
ii.
Notwithstanding the zone provisions under Section 6.3, a minimum
gross floor area of 38.5 m² is permitted for one unit.
iii.
Notwithstanding the zone provisions of Section 5.1, a minimum of 100
parking spaces is permitted. [1218-HC/21]
6.4.5.2 R5.2
In lieu of the corresponding provisions in the R5 Zone, the following shall apply:
a) maximum building height: 19 metres;
6.4.5.3 R5.3
In lieu of the corresponding provisions in the R5 Zone, the following shall apply:
a)
Notwithstanding the provisions of Subsection 4.20(e) Exemptions from
Yard Provisions - to permit a minimum 1 metre exterior side yard setback
for a projecting balcony and a minimum of 2.27 metre interior side yard
setback for a projecting balcony.
b)
Notwithstanding the provisions of Subsection 5.2.12 c) iii) Location of
Parking on a Lot - for an apartment dwelling, to permit a O metre interior
lot line setback for a parking lot abutting another residential zone adjacent
to the existing easement.
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6.4.6 R6 - Urban Residential Type 6
6.4.6.1 R6.1
6.4.7 RH - Hamlet Residential
6.4.7.1 RH.1
That on the lands delineated as having reference to this subsection
the following provisions shall apply:
Part 1
That notwithstanding the 'Hamlet Residential (RH)' Zone provisions contained in
Section 6, the following shall apply:
-
The minimum lot size shall be 1,830 square metres. [1213-HC/21]
6.4.7.2 RH.2
That on the lands delineated as having reference to this subsection the following
provisions shall apply:
i.
The lot line abutting Front Street South shall be deemed to be the front
lot line.
ii.
That notwithstanding the provisions of the Zoning By-law, the building existing
on the subject lands shall be deemed to conform to the Zoning By-law. [1230-
HC/21]
6.4.7.3 RH.3
Notwithstanding the uses permitted in the RH Zone, only the following uses shall
be permitted in the residential accessory structure:
z) Personal storage
Notwithstanding the uses permitted in the RH Zone, the following uses shall not
be permitted in the residential accessory structure:
a) Home-based business, home office
b) Home-based business, home occupation
c) Home-based business, home industry
In lieu of the corresponding provisions in the RH Zone, the following shall apply:
d) Maximum residential accessory structure usable floor are: 372 square
metres; and
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SECTION 6
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e) Maximum residential accessory structure building height: 6.5 metres.
[1289-HC/22]
6.4.7.5
In lieu of the corresponding provisions in the Hamlet Residential (RH) Zone,
the following shall apply:
a) minimum lot area {interior lot): 1151.00 square metres;
b) minimum lot frontage {interior lot): 22.86 metres;
c) minimum front yard: 5.70 metres.
6.4.7.6 RH.6
In lieu of the corresponding zoning standards set out in Table 6.2a of Haldimand County
Zoning By-law HC 1-2020, the following shall apply:
a) Minimum Lot Area: 1,064 square metres
b) Minimum Lot Frontage: 21 metres
6.4.8 RL - Lakeshore Residential
6.4.8.1 RL.1
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
Part 1
That notwithstanding the permitted uses in the 'Agricultural (A)' Zone contained in
Section 11 and the permissions included in Section 4.40.2 'Natural Hazard Lands
Overlay', no development shall be permitted on the lands shown as Part 1 on Map
"B" attached to this by-law.
Part 2
i.
That notwithstanding Subsection 4.23 'Frontage on an Improved
Street', a cottage and accessory residential structures are permitted on
the lands shown as Part 2 on Map "B" attached to this by-law.
ii.
That notwithstanding the 'Lakeshore Residential (RL)' Zone provisions
contained in Section 6, the following shall apply:
-
The minimum lot frontage shall be 0 metres on an improved
street
-
The front lot line shall be deemed the lot line abutting Erie
Heights Line [1206-HC/20]
6.4.8.2 RL.2
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That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
a)
Notwithstanding the provisions of Section 4.23 ' Road Frontage on an
Improved Street', the subject lands shall be permitted to gain access from
the private road in existence on the date of passing of this by-law. [1228-
HC/21]
6.4.8.3 RL.3
That on the lands delineated as having reference to this subsection the following
provisions shall apply:
Part 2
That notwithstanding the provisions of Section 4.2 'Accessory Uses, Buildings and
Structures to Residential uses', the shed existing on Part 2 of the Subject Lands
on the date of passage of this By-law may continue without a principle use. [1224-
HC/21]
6.4.8.4 RL.4
That
on
the
lands
delineated
as
having
reference
to
this
subsection the following provisions shall apply:
That
notwithstanding
the
provisions
of
Section
4.23
'Road
Frontage on an Improved Street' and Section 6.3 'Zone Provisions for
Residential
Zones',
a
vacation
home
is
permitted
to
be
erected,
altered
or
enlarged
on
the
subject
lands which front onto a private road. [1231-HC/21]
6.4.8.5 RL.5
That
on
the
lands
delineated
as
having
reference
to
this
subsection the following provisions shall apply:
i. That notwithstanding the provisions of Section 4.23 'Road Frontage on an
Improved Street' and Section 6.3 'Zone Provisions for Residential Zones',
a vacation home is permitted to be erected, altered or enlarged on the
subject
lands which front onto a private road.
ii. Notwithstanding the definition of "vacation home" in said By-law HC 1-2020
and for the purposes of this By-law, a "seasonal vacation home" shall be
defined as a dwelling containing only one dwelling unit which is used as a
seasonal place of residence on an occasional basis from April 1st to
October 31st in the same calendar year for recreation and relaxation
purposes. Occupation of the vacation home outside of April 1st to October
31st is not permitted.
Haldimand County Zoning By-law HC 1-2020
Page 138
SECTION 6
RESIDENTIAL ZONES
iii. That notwithstanding the provisions of Section 6.2.a the required front, rear
and exterior side yard setbacks shall be 4.6 metres. [1241-HC/21]
6.4.8.6 RL.6
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
Notwithstanding the provisions of Section 4.23 'Road Frontage on an Improved
Street' and Section 6.3 'Zone Provisions for Residential Zones', a vacation home
is permitted to be erected, altered or enlarged on the subject lands which front onto
a private road. [1339-HC/23]
6.4.8.7 RL.7
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
In lieu of the corresponding provisions in the RL Zone, the following shall apply:
a) minimum lot frontage (interior lot): 12.19 metres.
Notwithstanding the provisions of Section 4.23 a vacation home dwelling and
related accessory buildings or structures shall be permitted without lot frontage on
an improved street. [1247-HC/23]
6.4.8.9 RL.9
In addition to the uses permitted in the RL Zone, the following shall apply:
a) minimum lot area (corner lot): 464 square metres; and,
b) minimum lot frontage (corner lot) 15.2 metres.
Notwithstanding the provisions of Section 4.23 'Road Frontage on an Improved
Street' and Section 6.3 'Zone Provisions for Residential Zones,' a vacation home
dwelling and related accessory buildings or structures shall be permitted to be
erected, altered or enlarged on the subject lands without lot frontage on an
improved street.
Haldimand County Zoning By-law HC 1-2020
Page 139
SECTION 7
COMMERCIAL AND MIXED USE ZONES
7
Commercial and Mixed Use Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Commercial and Mixed Use Zones except in accordance with the applicable General
Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following:
7.1
List of Applicable Zones
Downtown Commercial
CD
General Commercial
CG
Service Commercial
CS
Neighbourhood Commercial CN
Hamlet Commercial
CH
Rural Commercial
CR
Marine Commercial
CM
7.2
Permitted Uses
Uses permitted in the Commercial and Mixed Use Zones are denoted by the symbol "-" in the
column applicable to that Zone and corresponding with the row for a specific permitted use in
Table 7.1 below. Where the letter "E" is identified following the symbol "-", only legally existing
uses shall be permitted. Where the letter "A" is identified following the symbol "-", the use is only
permitted as an accessory use to another permitted use. Where a permitted use is subject to use
specific general provisions, a notation has been added to the permitted use and reference should
be made to the General Provisions in Section 4.
Table 7.1: Permitted Uses in the Commercial and Mixed Use Zones
Uses
CD
CG
CS
CN
CH
CR
CM
a) Residential Uses
Bed and breakfast
establishment
(refer to Section 4.7)
-
-
-
-
-
-
Single detached dwelling
-E
-E
-E
-E
-E
-
-E
Semi-detached dwelling
-E
-E
-E
-E
Duplex dwelling
-E
-E
-E
-E
Tri-plex dwelling
-E
-E
Four-plex dwelling
-E
-E
Rooming house
-E
-E
Back-to-back townhouse
dwelling
- (2)
Street townhouse dwelling
- (2)
Stacked townhouse dwelling
- (2)
Group townhouse dwelling
- (2)
Apartment dwelling
- (3)
Accessory dwelling unit
- (1)
-(1)
-(1)
-(1)
-(1)
Vacation home dwelling
-E
-E
Haldimand County Zoning By-law HC 1-2020
Page 140
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Table 7.1: Permitted Uses in the Commercial and Mixed Use Zones
Uses
CD
CG
CS
CN
CH
CR
CM
Home-based business, home
office
(refer to Section 4.27.1)
-A
-A
-A
-A
-A
-A
-A
Home-based business, home
occupation
(refer to Section 4.27.2)
-A
-A
-A
-A
-A
-A
-A
Home-based business, home
industry
(refer to Section 4.27.3)
-A
-A
-A
(b) Commercial Uses
Agricultural service and supply
establishment
-
-
-
Animal hospital
-
-
-
-
-
Auction centre
(refer to Section 4.4)
-
-
Automobile body shop
-
Automobile gas station
(refer to Section 4.5)
-E
-E
-
-
Automobile service station
-E
-
-
-
-
Automobile washing
establishment
-E
-
-
-E
-E
Bake shop
-
-
-
-
-
-
Bakery, commercial
Bar or night club
-
-
Boutique
-
-
-
-
Building supply establishment
-E
-
Bus terminal
-
-
Business Support Service
-
-
-
-
Commercial greenhouse
(refer to Section 4.12)
-
Custom workshop
-
-
Day care nursery
-
-
-
Department store
-
Dry cleaning distribution station
-
-
-
-
-
-
Dry cleaning establishment
-
Farmers market
-
-
-
Farm supply outlet
-
Financial institution
-
-
-
Fruit and vegetable outlet
-
-
200m2
max
-
-
-
Funeral home
-E
-
-
Haldimand County Zoning By-law HC 1-2020
Page 141
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Table 7.1: Permitted Uses in the Commercial and Mixed Use Zones
Uses
CD
CG
CS
CN
CH
CR
CM
Garden centre and tree and
plant nursery
-E
-
-
-
Hotel
-
-
-
Laundromat
-
-
-
Merchandise service shop
-
-
-
-
Microbrewery
-
-
-
Office, business
-
-
-
-
-
Office, medical
-
-
-
-
Outdoor Storage
(refer to Section 4.47)
-A
-A
-A
Parking lot or structure
-
-
-
-
Personal service shop
-
-
-
-
-
Pharmacy
-
-
-
-
Place of entertainment
-
-
-
Place of sports and recreation
-
-
-
Printing and publishing
establishment
-
-
Private club
-
-
-
-
-A
Retail store
-
-
-
200m2
max
-
200m2
max
-
280m2
max
-
280m2
max
-
200m2
max
Restaurant
-
-
-
-
-
-
-
School, trade
-
-
-
-
Self-storage units
-
-
Supermarket
-
Swimming pool sales and
service establishment
-
Taxi Establishment
-
-
Vehicle sales and/or rental
establishment
-E
-
-
-
Wholesale outlet
-E
-
(c) Marine Commercial and Industrial Uses
Boathouse
-
Marina
-
Tourist Cabin
-A
(d) Industrial Uses
Contractors shop
-E
Contractor supply and service
shop
-E
(e) Institutional Uses
Cemetery
-
Haldimand County Zoning By-law HC 1-2020
Page 142
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Table 7.1: Permitted Uses in the Commercial and Mixed Use Zones
Uses
CD
CG
CS
CN
CH
CR
CM
Community centre
-
-
-E
-
Cultural facility
-
-
-
-
Hospital
-
-
-
Hostel
-
-
-
Long Term Care Home
-E
-
-
-
Place of assembly
-
-
-
-
-
Place of worship
-
-
-
-E
-
Retirement home
-E
-
-
-
School
-
-
Training and rehabilitation
centre
-
-
-
(f) Parks and Open Space Uses
Golf course
-
Notes:
(1)
An accessory dwelling unit may be permitted in a non-residential building, but excluding an
automobile body shop, automobile gas station, automobile service station, or automobile
washing establishment.
(2) Street townhouse dwelling and group townhouse dwelling are permitted provided they do
not have frontage on the following streets:
i)
Argyle Street, in Caledonia;
ii)
Talbot Street, in Cayuga
iii) Main Street, Queen Street, Broad Street, Chestnut Street, Lock Street, in Dunnville;
iv) Main Street, King Street, in Hagersville
v)
Main Street, Talbot Street, in Jarvis; and
vi) Keith Richardson Parkway, Nanticoke Creek Parkway, in Townsend.
(3) Residential uses are not be permitted in the street level storefront portion of a building.
Any dwelling units in the CD Zone shall not occupy more than 50 percent of the gross
floor area of the first storey. All frontages of a building's first storey shall be dedicated to
non-residential uses.
(4)
*Drive-thrus shall not be permitted within the CD Zone.
Haldimand County Zoning By-law HC 1-2020
Page 143
SECTION 7
COMMERCIAL AND MIXED USE ZONES
7.3
Zone Provisions
No person shall within any Commercial and Mixed Use Zone use or permit the use of any lot or
erect, alter or use any building or structure except in accordance with the zone standards in Table
7.2 below. Any numbers in parentheses following the particular regulation, zone heading, or
applicable standard indicates that one or more additional regulations apply to buildings and
structures in the applicable Zone, which are listed below the table.
Table 7.2: Zone Provisions for the Commercial Zones
Zone
Provision
CD
CG
CS
CN
CH
CR
CM
Minimum
Lot Area
NA
NA
450 sq. m.
(Interior lot),
540 sq. m
(Corner lot)
or 1,855
sq. m (with
no municipal
sanitary
service)
450 sq. m.
(Interior lot),
or 540 sq.
m (Corner
lot)
1,855 sq.
m.
1,855 sq.
m.
450 sq. m.
(Interior lot
with
municipal
services),
540 sq. m
(Corner lot
with
municipal
services),
1,855 sq.
m (no
municipal
services)
Minimum
Lot Frontage
(Interior Lot)
NA
NA
15 m (with
municipal
services), or
30 m (with
no municipal
services)
15.0 m
30.0 m
30.0 m
15 m (with
municipal
services), or
30 m (with
no municipal
services)
Minimum
Lot Frontage
(Corner Lot)
NA
NA
18 m (with
municipal
services), or
30 m (no
municipal
services)
18.0 m
30.0 m
30.0 m
18 m (with
municipal
services), or
30 m (no
municipal
services)
Minimum
Front Yard
0.0 m
6.0 m
7.0 m
6.0 m
6.0 m
13.0 m
6.0 m
Maximum
Front Yard
3.0 m
NA
NA
NA
NA
NA
NA
Minimum
Exterior
Side Yard
0.0 m
6.0 m
7.0 m
6.0 m
6.0 m
13.0 m
6.0 m
Maximum
Exterior
Side Yard
3.0 m
NA
NA
NA
NA
NA
NA
Minimum
Interior Side
Yard
0.0 m, or
3.0 m
(where it
abuts any
Residential
Zone)
0.0 m, or
3.5 m
(where it
abuts any
Residential
Zone)
3.0 m
3.0 m
3.0 m; or
1.2 m
(where a
private
garage is
attached to a
dwelling)
3.0 m
3.0m
Haldimand County Zoning By-law HC 1-2020
Page 144
SECTION 7
COMMERCIAL AND MIXED USE ZONES
Table 7.2: Zone Provisions for the Commercial Zones
Zone
Provision
CD
CG
CS
CN
CH
CR
CM
Minimum
Rear Yard
0.0 m, or
6.0 m
(where it
abuts any
Residential
Zone)
0.0 m, or
6.0 m
(where it
abuts any
Residential
Zone)
9.0 m
9.0 m
9.0 m
9.0 m
9.0 m
Minimum
Amenity
Area
20 sq. m.
per dwelling
unit
NA
NA
NA
NA
NA
NA
Minimum
Landscaped
Open Space
NA
15%
15%
15%
15%
15%
15%
Maximum
Building
Height
24.0 m (1)
in
Caledonia
and
Dunnville;
and 16.0
m (1) in
Cayuga,
Townsend
,
Hagersvill
e and
Jarvis
16.0 m
12.0 m
16.0 m
11.0 m
11.0 m
11.0 m
Minimum
Gross Floor
Area
40 sq. m.
per
dwelling
unit
40 sq. m.
per
dwelling
unit
40 sq. m.,
per
dwelling
unit, or 70
sq. m. (for a
single
detached
dwelling)
40 sq. m
per
dwelling
unit
55 sq. m
per
dwelling
unit; or 70
sq. m. (for a
single
detached
dwelling)
40 sq. m.,
per
dwelling
unit, or 70
sq. m. (for a
single
detached
dwelling)
NA
Maximum
Lot
Coverage
80%
80%
NA
NA
NA
NA
NA
Other:
NA
NA
Maximum
Gross
Leasable
Floor
Area: 200
sq. m. (for a
Retail Store,
fruit and
vegetable
outlet)
Maximum
Gross
Leasable
Floor
Area: 200
sq. m. (for a
commercial
use)
Maximum
Gross
Leasable
Floor
Area: 280
sq. m. (for a
Retail Store)
Maximum
Gross
Leasable
Floor
Area: 280
sq. m. (for a
Retail Store,
fruit and
vegetable
outlet)
Maximum
Gross
Leasable
Floor
Area: 200
sq. m. (for a
Retail Store)
Notes
(1)
Notwithstanding the maximum permitted building height, the maximum permitted building
height above the 2nd storey, shall not exceed a 45 degree angular plane measured from
the rear property line or interior property line that directly abuts a Residential Zone.
Haldimand County Zoning By-law HC 1-2020
Page 145
SECTION 7
COMMERCIAL AND MIXED USE ZONES
7.4
Special Exceptions
7.4.1 CD - Downtown Commercial
7.4.1.1 CD.1
In addition to the uses permitted in the CD Zone, dwelling, stacked townhouses
shall be permitted.
In lieu of the corresponding provisions in the CD Zone, the following shall apply:
a) maximum front yard: 4 metres. [1309-HC/22]
7.4.1.2 CD.2
In lieu of the corresponding provisions in the CD Zone, the following shall apply:
a) minimum rear yard: 0 metres;
Notwithstanding the uses permitted in the CD Zone, only the following uses shall
be permitted:
a) Bake shop
b) Boutique
c) Financial Institution
d) Hotel, motel, motor-hotel
e) Laundromat
f) Library
g) Merchandise service shop
h) Nursing home
i) Office
j) Parking lot or structure
k) Personal service shop
l) Pharmacy
m) Restaurant
n) Retail store
o) Apartment dwellings
p) Group townhomes
Haldimand County Zoning By-law HC 1-2020
Page 146
SECTION 7
COMMERCIAL AND MIXED USE ZONES
7.4.2 CG - General Commercial
7.4.2.1 CG.1
That on lands delineated as having reference to this subsection, the following shall
apply:
i.
That notwithstanding Subsection 7.2 'Permitted Uses in the General
Commercial Zone, only the following uses are permitted: a
restaurant/cafe with seating for 56 patrons; a catering business; a
classroom for food-related workshops and cooking courses; retail sales
of food related product, a small scale accessory greenhouse, a patio
with seating for 20 patrons and a maximum of three (3) Inn/Hotel rooms.
Drive-thru use is not permitted.
ii.
The following provisions will be applicable to the patio use.
a) The hours of operation for the patio will cease at 11pm in
accordance with the County's Noise By-law;
iii.
That on the lands delineated as having reference to this subsection that
notwithstanding Section 7.3 Zone Provisions the minimum exterior side
yard setback shall be 0.8 metres, the minimum interior side yard
setback shall be 1.8 metres, and the minimum rear yard setback shall
be 8.8 metres.
iv.
That on the lands delineated as having reference to this subsection that
notwithstanding the provisions of Section 5.1 of By-law HC 1-2020
number of parking spaces a minimum of 9 parking spaces shall be
required and that the required stacked parking for 2 spaces shall be
permitted in the rear yard.
v.
That on the lands delineated as having reference to this subsection that
notwithstanding Section 4.56 Sight Triangle a reduced sight triangle
measuring 6 metres by 9 metres. [1239-HC/21]
7.4.2.2 CG.2
Notwithstanding the uses permitted in the CG Zone, only the following uses shall
be permitted:
a) Animal hospital
b) Auction centre
c) Bake shop
d) Bar or night club
e) Boutique
f) Building supply establishment
Haldimand County Zoning By-law HC 1-2020
Page 147
SECTION 7
COMMERCIAL AND MIXED USE ZONES
g) Bus terminal
h) Business support service
i) Convenience store
j) Custom workshop
k) Day care nursery
l) Dry cleaning distribution station
m) Dry cleaning establishment
n) Fruit and vegetable market
o) Financial institution
p) Fish and seafood market
q) Fruit and vegetable outlet
r) Funeral home
s) Hotel
t) Laundromat
u) Meat Market
v) Merchandise service shop
w) Microbrewery
x) Office, business
y) Office, medical
z) Parking lot or structure
aa) Personal service shop
bb) Pharmacy
cc) Place of entertainment
dd) Place of sports and recreation
ee) Printing and publishing establishment
ff) Private club
gg) Restaurant
hh) Restaurant, drive-thru
ii) Restaurant, fast food
jj) Restaurant, take-out
kk) Retail store
ll) Retail uses, accessory
mm)
School, trade
nn) Taxi establishment
oo) Wholesale outlet
Haldimand County Zoning By-law HC 1-2020
Page 148
SECTION 7
COMMERCIAL AND MIXED USE ZONES
pp) Research and development facility
qq) Training and rehabilitation centre
rr) Stormwater management facility
The following shall apply to the CG.2 Zone:
a)
Maximum gross leasable floor area permitted for Convenience and
Specialty Food Store Uses, Non-Food Retail Uses and Service Uses for
the subject lands from enactment of this By-law to December 31,2026
shall be 5,360 square metres;
Convenience and Specialty Food store uses include: convenience stores, meat
markets, fish and seafood markets, fruit and vegetable markets, baked goods
stores and confectionary stores and similar uses.
Non-Food Retail Stores include: furniture stores, floor covering stores, home
furnishing stores, computer and software stores, home electronics and
appliance stores, building and outdoor home supply stores including
home centres and hardware stores and
specialized building materials and
garden stores, pharmacies and personal care stores, sporting foods,
hobby, music and book stores, florists, office supply and stationary stores,
gift, novelty and souvenir stores, pet and pet supply stores, art dealers,
miscellaneous retail stores and similar uses.
Service uses include: consumer good rental business, banks, credit unions,
insurance agencies and brokerages, offices of real estate agents and
brokers, professional, scientific and technical service offices for legal services,
specialized design services, computer systems design related services,
management, scientific and technical consulting services, scientific research and
development services, advertising services,
marketing research and public opinion polling, photographic services,
veterinary services, office administrative services, offices for physicians,
dentists, other health practitioners, medical and diagnostic laboratories,
employment and business services, fitness and recreation sports facilities,
restaurants, drinking places, personal and household goods repair and
maintenance, personal care services, including hair salon, beauty shop,
tanning salon, nail salon and similar uses.
b)
Maximum gross leasable floor area permitted for the subject lands for
Convenience and Specialty Food Store Uses, Non-Food Retail Store Uses and
Service Uses from enactment of this By-law to December 31,2031 and beyond,
shall be 8,393 square metres.
c)
The CG Zone Provisions contained in Table 7.2: Zone Provisions for the
Commercial Zones shall apply to the CG.2 Zone.
d) Section 4 General Provisions shall apply to the CG.2 Zone.
e) Notwithstanding Section 5, Parking and Loading Requirements, the minimum
parking space requirement for all uses in the CG.2 Zone is 1space/28 m^ of
gross floor area.
Haldimand County Zoning By-law HC 1-2020
Page 149
SECTION 7
COMMERCIAL AND MIXED USE ZONES
f) Notwithstanding Section 5, Parking and Loading Requirements no loading spaces
shall be required in the CG.2 Zone. [1301-HC/22]
7.4.3 CS - Service Commercial
`7.4.3.1 CS.1
7.4.4 CN - Neighbourhood Commercial
7.4.4.1 CN.1
Notwithstanding the provisions of Section 7, the following special provisions shall
apply to lands Zoned CN.1.
aa) PERMITTED USES:
The following, in addition to the uses permitted within the CN Zone, shall also be
permitted:
i.
business office
ii.
medical office
iii.
merchandise service shop
iv.
craft and souvenir shop
v.
printing and publishing establishment
vi.
parking lot
bb) ZONE PROVISIONS:
The balance of the CN Zone provisions shall continue to apply.
7.4.5 CH - Hamlet Commercial
7.4.5.1 CH.1
7.4.6 CR - Rural Commercial
7.4.6.1 CR.1
7.4.6.3 CR - Rural Commercial
Despite Section 7.2 Permitted Uses for the CR zone, the following uses shall be
prohibited:
a.
Automobile Body Shop
b.
Automobile Service Station
c.
Automobile Washing Establishment
d.
Place of Assembly
Haldimand County Zoning By-law HC 1-2020
Page 150
SECTION 7
COMMERCIAL AND MIXED USE ZONES
7.4.7 CM - Marine Commercial
7.4.7.1 CM.1
Haldimand County Zoning By-law HC 1-2020
Page 151
SECTION 8
INDUSTRIAL ZONES
8
Industrial Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Industrial Zones except in accordance with the applicable General Provisions (Section 4.0)
and Parking and Loading Requirements (Section 5.0) and the following:
8.1
List of Applicable Zones
Marine Industrial Zone
MM
Heavy Industrial Zone
MH
General Industrial Zone
MG
Light Industrial Zone
ML
Rural Industrial Zone
MR
Disposal Industrial Zone
MD
Extractive Industrial Zone
MX
8.2
Permitted Uses
Uses permitted in the Commercial and Mixed Use Zones are denoted by the symbol "-" in the
column applicable to that Zone and corresponding with the row for a specific permitted use in
Table 8.1 below. Where the letter "E" is identified following the symbol "-", only legally existing
uses shall be permitted. Where the letter "A" is identified following the symbol "-", the use is only
permitted as an accessory use to another permitted use. Where a permitted use is subject to use
specific general provisions, a notation has been added to the permitted use and reference should
be made to the General Provisions in Section 4.
Table 8.1: Permitted Uses in the Industrial Zones
Uses
MM
MH
MG
ML
MR
MD
MX
a) Residential uses
Single detached dwelling
-E
-E
Home-based business, home
occupation
(refer to Section 4.27.2)
-A
-A
Home-based business, home
industry
(refer to Section 4.27.3)
-A
-A
(b) Agriculture uses
Agriculture use
-E
-
-
-
Agriculture-related processing
(refer to Section 4.44)
-
-
-
-
-
-
Bunk house
-
-
-
Cannabis Production Facility
-
-
-
-
-
-
Farm produce outlet
(refer to Section 4.44)
-
-
-
Farm stand
(refer to Section 4.44)
-
-
-
(c) Commercial uses
Adult entertainment establishment
-
Haldimand County Zoning By-law HC 1-2020
Page 152
SECTION 8
INDUSTRIAL ZONES
Table 8.1: Permitted Uses in the Industrial Zones
Uses
MM
MH
MG
ML
MR
MD
MX
Animal hospital
-
-
-
-
-
-
Agricultural service and supply
establishment
-
-
-
-
Animal kennel
-
-
-
Animal kennel, Municipal
-
-
-
-
Auction centre
(refer to Section 4.4)
-
-
-
Automobile body shop
-
-
-
Automobile gas station
(refer to Section 4.5)
-
-
Automobile service station
-
-
-
-
Automobile washing establishment
-
-
-
Bakery, commercial
-
-
-
Building supply establishment
-
-
-
Business support services
-
-
-
-
Commercial greenhouse
(refer to Section 4.12)
-
-
-
-
-
-
Commercial radio, television and
tele-communication towers (but
excluding any office or studio
associated therewith)
-
-
-
-
-
-
Custom workshop
-
-
-
-
Day care nursery
-
-
-
Dry cleaning establishment
-
-
-
Farmers market
Farm supply outlet
-
-
-
Merchandise service shop
-
-
-
Microbrewery
-
-
-
Office, business
-
-
-
-
-
Outdoor Storage
(refer to Section 4.47)
-A
-
-A
-A
-A
-A
-A
Place of sports and recreation
-
-
-
Printing and publishing
establishment
-
-
-
Restaurant
-
-
-
Retail uses, accessory
-A
-A
-A
-A
-A
-A
School, trade
-
-
Self-storage units
-
-
-
Towing establishment
-
-
-
Vehicle sales and/or rental
establishment
-
-
-
Haldimand County Zoning By-law HC 1-2020
Page 153
SECTION 8
INDUSTRIAL ZONES
Table 8.1: Permitted Uses in the Industrial Zones
Uses
MM
MH
MG
ML
MR
MD
MX
Wholesale outlet
-
-
-
(d) Marine Commercial and Industrial uses
Boathouse
-
Dry dock facilities, boat repair
shop and other marine trades
-
Marina
-
Marine craft and equipment sales
-
Marine craft salvage yard
-
Processing and sale of fish
-
(e) Industrial uses
Abattoir
-
Data centre
-
-
-
Concrete and asphalt plant
-
-
Contractors shop
-
-
-
Contractor supply and service
shop
-
-
-
Contractor's yard
-
-
-
-
Fuel storage depot
-
-
-
Industrial garage
-
-
-
Manufacturing, Heavy
-
Manufacturing, Light
-
-
-
-
Pit or quarry
-
Public utility yard
-
-
-
-
-
Research and development facility
-
-
-
Recreational vehicle storage
-A
-A
-A
-A
-A
-A
-A
Salvage yard
-
-
Truck terminal
-
-
Warehouse
-A
-
-
-
-
Waste disposal site
-
Waste processing facility
-
-
Waste recycling centre
-
-
Waste transfer site
-
-
(f) Institutional uses
School, trade
-
-
8.3
Zone Provisions
No person shall within any Industrial Zone use or permit the use of any lot or erect, alter or use
any building or structure except in accordance with the zone standards in Table 8.2 below. Any
numbers in parentheses following the particular regulation, zone heading, or applicable standard
Haldimand County Zoning By-law HC 1-2020
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SECTION 8
INDUSTRIAL ZONES
indicates that one or more additional regulations apply to buildings and structures in the applicable
Zone, which are listed below the table.
Table 8.2: Zone Provisions for the Industrial Zones (1)
Zone Provision
MM
MH
MG
ML
MR
MD
MX
Minimum Lot
Area
1,855 sq.
m.
7,500 sq.
m.
1,855 sq.
m.
1,855 sq.
m.; or 700
sq. m.
(with
municipal
sanitary
services)
1,855 sq.
m.
NA
NA
Minimum Lot
Frontage
30.0 m
60.0 m
30.0 m
30.0 m; or
18.0m
(with
municipal
sanitary
services)
30.0 m
30.0 m
NA
Minimum Front
Yard
6.0 m
18.0 m
6.0 m
6.0 m
13.0 m
13.0 m
30.0 m (for
Concrete and
Asphalt
Plant), or
13.0 m (for
all other
industrial
uses)
Minimum Exterior
Side Yard
6.0 m
18.0 m
6.0 m
6.0 m
13.0 m
13.0 m
30.0 m (for
Concrete and
Asphalt
Plant), or
13.0 m (for
all other
industrial
uses)
Minimum Interior
Side Yard
3.0 m
7.5 m or 20
m (abutting
an Agriculture
Zone)
3.0 m; or
20.0 m
(abutting a
Residential
Zone)
3.0 m
5.0 m
13.0 m; or
5.0m (for
existing
uses)
45.0 m (for
Concrete and
Asphalt
Plant), or
5.0 m (for
all other
industrial
uses)
Minimum Rear
Yard
9.0 m; or
0.0m (where
rear lot line
abuts Lake
Erie or a
navigable
watercourse)
7.5 m
9.0 m
9.0 m
9.0 m
13.0 m; or
9.0m (for
existing
uses)
45.0 m (for
Concrete and
Asphalt
Plant), or
9.0 m (for
all other
industrial
uses)
Minimum
Landscaped
Open Space
10%
10%
10%
10%
10%
NA
NA
Haldimand County Zoning By-law HC 1-2020
Page 155
SECTION 8
INDUSTRIAL ZONES
Table 8.2: Zone Provisions for the Industrial Zones (1)
Zone Provision
MM
MH
MG
ML
MR
MD
MX
Maximum
Building Height
11.0 m
Subject to a
45 degree
angular
plane
(measured
from the
property line of
an adjacent
Residential or
Agricultural
Zone)
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m (for
all industrial
uses, except
a Concrete
and Asphalt
Plant)
Maximum Lot
Coverage
NA
65%
60%
45%
NA
NA
NA
Other:
NA
NA
NA
NA
Minimum
setback
from an
existing
dwelling
on an
adjacent
lot: 30.0m
Minimum
setback
from an
existing
dwelling
on an
adjacent
lot: 30.0m
NA
Notes:
(1)
Agriculture uses and related residential dwellings shall conform to the general provisions of
the Agricultural Zone (A).
Haldimand County Zoning By-law HC 1-2020
Page 156
SECTION 8
INDUSTRIAL ZONES
8.4
Special Exceptions
8.4.1 MM - Marine Industrial
8.4.1.1 MM.1
8.4.2 MH - Heavy Industrial
8.4.2.1 MH.1
8.4.3 MG - General Industrial
8.4.3.1 MG.1
In addition to the uses permitted in the MG Zone, a concrete plant shall be
permitted.
Notwithstanding Section 3 'Definitions', a concrete plant shall be defined as:
A place or building or part of a building used for batching and production of
concrete, or concrete products, and dispatching of concrete trucks, equipment
storage and maintenance, office and administrative activities and receiving and
outdoor storage of materials, casting and concrete products, and shall include
processing of aggregate material through a crushing and sorting operation, but
does not include the retail sale of finished concrete products. [1304-HC/22]
8.4.3.3 MG - General Industrial
Despite Section 8.2 Permitted Uses for the MG zone, the following uses shall be
prohibited:
a.
Automobile Body Shop
b.
Automobile Service Station
c.
Automobile Washing Establishment
d.
Dry Cleaning Establishment
e.
Merchandise Service Shop
f.
Microbrewery
g.
Vehicle Sales and/or Rental Establishment
h.
Wholesale Outlet
8.4.4 ML - Light Industrial
8.4.4.1 ML.1
In lieu of the corresponding provisions in the ML Zone, the following shall apply:
a)
minimum rear yard: 6 metres;
b)
minimum interior side yard: 1 metre
8.4.5 MR - Rural Industrial
8.4.5.1 MR.1
In lieu of the corresponding provisions in the MR Zone, the following shall apply:
Haldimand County Zoning By-law HC 1-2020
Page 157
SECTION 8
INDUSTRIAL ZONES
a) the agricultural-related processing operation can be operated as a stand alone permitted use.
notwithstanding the provisions of Subsection 4.44 - Agricultural-related processing, the
following shall apply:
a)
the maximum gross floor area shall be 6,707 square metres;
b)
maximum permitted building height: 38 metres.
c)
Subsection 4.44 c) iv. Shall not apply to the subject lands.
d)
Subsection 4.44 c) vii. Shall not apply to the subject lands.
8.4.6 MD - Disposal Industrial
8.4.6.1 MD.1
8.4.7 MX - Extractive Industrial
8.4.7.1 MX.1
Haldimand County Zoning By-law HC 1-2020
Page 158
SECTION 9
INSTITUTIONAL ZONES
9
Institutional Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Institutional Zones except in accordance with the applicable General Provisions (Section 4.0)
and Parking and Loading Requirements (Section 5.0) and the following:
9.1
List of Applicable Zones
Community Institutional
IC
Neighbourhood Institutional
IN
Rural Institutional
IR
9.2
Permitted Uses
Uses permitted in the Institutional Zones are denoted by the symbol "-" in the column applicable
to that Zone and corresponding with the row for a specific permitted use in Table 9.1 below. Where
the letter "E" is identified following the symbol "-", only legally existing uses shall be permitted.
Where the letter "A" is identified following the symbol "-", the use is only permitted as an accessory
use to another permitted use. Where a permitted use is subject to use specific general provisions,
a notation has been added to the permitted use and reference should be made to the General
Provisions in Section 4.
Table 9.1: Permitted Uses in the Institutional Zones
Uses
IC
IN
IR
a) Residential uses
Single detached dwelling
-E
-E
-E
Dwelling unit in a permitted building
-A
-A
-A
Home-based business, home office
(refer to Section 4.27.1)
-A
-A
-A
Home-based business, home occupation
(refer to Section 4.27.2)
-A
-A
-A
(b) Commercial uses
Animal hospital
-
Boutique
-A
Day care nursery
-
-
-
Farmers Market
-
Financial institution
-A
Funeral home
-
Office, medical
-
-
-
Pharmacy
-A
Place of entertainment
-
Place of sports and recreation
-
-
Private club
-
-
Restaurant
-A
Restaurant, fast food
-A
Restaurant, take-out
-A
Haldimand County Zoning By-law HC 1-2020
Page 159
SECTION 9
INSTITUTIONAL ZONES
Table 9.1: Permitted Uses in the Institutional Zones
Uses
IC
IN
IR
Retail store
-A
School, trade
-
(c) Institutional uses
Cemetery
-
-
-
Community centre
-
-
-
Cultural facility
-
-
-
Hospital
-
Hostel
-
-
Long Term Care Home
-
-
Office, business
-
Place of assembly
-
-
Place of worship
-
-
-
Retirement Home
-
-
School, Elementary
-
-
-
School, Private
-
-
-
School, Secondary
-
-
-
School, Post-Secondary
-
-
Training and rehabilitation centre
-
-
(d) Parks and Open Space uses
Fair or Exhibition Grounds
-
-
Golf course
-
-
9.3
Zone Provisions
No person shall within any Institutional Zone use or permit the use of any lot or erect, alter or use
any building or structure except in accordance with the zone standards in Table 9.2 below. Any
numbers in parentheses following the particular regulation, zone heading, or applicable standard
indicates that one or more additional regulations apply to buildings and structures in the applicable
Zone, which are listed below the table.
Table 9.2: Zone Provisions for the Institutional Zones
Zone Provision
IC
IN
IR
With no
municipal
services
With
municipal
services
With no
municipal
services
With
municipal
services
Minimum Lot Area
(Interior Lot)
1,855 sq. m.
450 sq. m
1,855 sq. m.
450 sq. m
1,855 sq. m.
Minimum Lot Area
(Corner Lot)
1,855 sq. m.
540 sq. m.
1,855 sq. m.
540 sq. m.
1,855 sq. m.
Haldimand County Zoning By-law HC 1-2020
Page 160
SECTION 9
INSTITUTIONAL ZONES
Table 9.2: Zone Provisions for the Institutional Zones
Zone Provision
IC
IN
IR
With no
municipal
services
With
municipal
services
With no
municipal
services
With
municipal
services
Minimum Lot Frontage
(Interior Lot)
30.0 m
15.0 m
30.0 m
15.0 m
30.0 m
Minimum Lot Frontage
(Corner Lot)
30.0 m
18.0 m
30.0 m
18.0 m
30.0 m
Minimum Front Yard
7.0 m
7.0 m
7.0 m
7.0 m
13.0 m
Minimum Exterior Side
Yard
7.0 m
7.0 m
7.0 m
7.0 m
13.0 m
Minimum Interior Side
Yard
3.0 m
3.0 m
3.0 m
3.0 m
3.0 m
Minimum Rear Yard
9.0 m
9.0 m
9.0 m
9.0 m
9.0 m
Minimum Landscaped
Open Space
30%
30%
30%
30%
30%
Maximum Building Height
11.0 m
11.0 m
11.0 m
11.0 m
11.0 m
Haldimand County Zoning By-law HC 1-2020
Page 161
SECTION 9
INSTITUTIONAL ZONES
9.4 Special Exceptions
9.4.1 IC - Community Institutional
9.4.1.1 IC.1
9.4.2 IN - Neighbourhood Institutional
9.4.2.1 IN.1
9.4.3 IR - Rural Institutional
9.4.3.1 IR.1
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
i.
That notwithstanding Subsection 9.2 'Permitted Uses in the Rural
Institutional Zone (IR)', a school and day nursery shall be prohibited
on the subject lands.
ii.
That notwithstanding Subsection 5.2.12 'Location of Parking on a Lot',
the following shall apply:
-
No parking lot shall be located closer than 3 metres to the left
(south) interior lot line abutting a residential zone.
-
For all other lot lines, no parking lot shall be located closer
than 4.5 metres of any interior lot line abutting a residential
zone. [1208-HC/20]
Haldimand County Zoning By-law HC 1-2020
Page 162
OPEN SPACE & WETLAND ZONES
SECTION 10
10
Open Space and Wetland Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Open Space and Wetland Zones except in accordance with the applicable General Provisions
(Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following:
10.1 List of Applicable Zones
Open Space Zone
OS
Wetland Zone
W
10.2 Permitted Uses
Uses permitted in the Open Space and Wetland Zones are denoted by the symbol "-" in the
column applicable to that Zone and corresponding with the row for a specific permitted use in
Table 10.1 below. Where the letter "E" is identified following the symbol "-", only legally existing
uses shall be permitted. Where the letter "A" is identified following the symbol "-", the use is only
permitted as an accessory use to another permitted use. Where a permitted use is subject to use
specific general provisions, a notation has been added to the permitted use and reference should
be made to the General Provisions in Section 4.
Table 10.1: Permitted Uses in the Open Space and Wetland Zones
Uses
OS
W
a) Residential uses
Single detached dwelling
-E
Home-based business, home office
(refer to Section 4.27.1)
-A
Home-based business, home occupation
(refer to Section 4.27.2)
-A
(b) Agriculture uses
Agriculture use
(c) Commercial Uses
Farmers Markets
-
Parking lot or structure
-
-
Retail uses, accessory
-A
(d) Marine Commercial and Industrial uses
Boathouse
(g) Parks and Open Space uses
Campground
(refer to Section 4.8)
-
Conservation Area
-
-
Fair or Exhibition Grounds
-
Golf course
-
Hunting, trapping and fishing preserve
-
Park
-
-
Haldimand County Zoning By-law HC 1-2020
Page 163
OPEN SPACE & WETLAND ZONES
SECTION 10
Table 10.1: Permitted Uses in the Open Space and Wetland Zones
Uses
OS
W
Tent and trailer park
-
Woodlot management
-
-
10.3 Zone Provisions
No person shall within any Open Space and Wetland Zone use or permit the use of any lot or
erect, alter or use any building or structure except in accordance with the zone standards in Table
10.2 below. Any numbers in parentheses following the particular regulation, zone heading, or
applicable standard indicates that one or more additional regulations apply to buildings and
structures in the applicable Zone, which are listed below the table.
Table 10.2: Zone Provisions for the Open Space and Wetland Zones
Zone Provision
OS
W
Minimum Lot Area
1,855 sq. m,
NA
Minimum Lot Frontage
30.0 m
NA
Minimum Front Yard
13.0 m
NA
Minimum Exterior Side Yard
13.0 m
NA
Minimum Interior Side Yard
3.0 m
NA
Minimum Rear Yard
13.0 m
NA
Maximum Building Height
11.0 m
NA
Minimum Gross Leasable Floor Area
55 sq. m. per dwelling
unit; (except a one family
dwelling house which shall have
a minimum gross leasable floor
area of 70 sq. m.)
NA
Maximum Gross Leasable Floor
Area
NA
NA
Other:
NA
All lot and building requirements
for lands zoned W shall be as they
existed on the date of adoption of
this By-law; and Uses are subject
to the approval of the County, in
consultation with the Conservation
Authority.
Haldimand County Zoning By-law HC 1-2020
Page 164
OPEN SPACE & WETLAND ZONES
SECTION 10
10.4 Special Exceptions
10.4.1 OS - Open Space
10.4.1.1 OS.1
Notwithstanding the uses permitted in the OS Zone, only the following uses shall
be permitted:
a) Park
b) Passive use park
c) Trail
d) Pumping station
e) Stormwater management pond
f) Woodlot
g) Emergency Access Route [1299-HC/22]
10.4.1.2 OS.2
Notwithstanding the uses permitted in the OS Zone, only the following uses shall
be permitted:
a) Stormwater management facilities and associated infrastructure.
The provisions of Section 10.3 "Zone Provisions" shall not apply. [1306-HC/22]
10.4.2 W - Wetland
10.4.2.1 W.1
Haldimand County Zoning By-law HC 1-2020
Page 165
SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
11
Agricultural & Future Development Zones
No land shall be used, no buildings or structures shall be erected and no lot shall be altered in
the Agricultural and Future Development Zones except in accordance with the applicable General
Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following:
11.1 List of Applicable Zones
Agricultural Zone
A
Development Zone
D
11.2 Permitted Uses
Uses permitted in the Agricultural and Future Development Zones are denoted by the symbol "-"
in the column applicable to that Zone and corresponding with the row for a specific permitted use
in Table 11.1 below. Where the letter "E" is identified following the symbol "-", only legally existing
uses shall be permitted. Where the letter "A" is identified following the symbol "-", the use is only
permitted as an accessory use to another permitted use. Where a permitted use is subject to use
specific general provisions, a notation has been added to the permitted use and reference should
be made to the General Provisions in Section 4.
Table 11.1: Permitted Uses in the Agricultural and Future Development Zones
Uses
A
D
a) Residential uses
Bed and breakfast establishment
(refer to Section 4.7)
-
Single detached dwelling
-
-E
Home-based business, home office
(refer to Section 4.27.1)
-A
-A
Home-based business, home occupation
(refer to Section 4.27.2)
-A
-A
Home-based business, home industry
(refer to Section 4.27.3)
-A
-A
Group Home Dwelling
(refer to Section 4.26)
-A
Garden Suite
(refer to Section 4.24)
-A
(b) Agriculture uses
Agriculture use
-
-
Agriculture use, on-farm diversified
(refer to Section 4.44)
-
-E
Agriculture-related processing
(refer to Section 4.44)
-
-E
Bunk house
-
-E
Cannabis Production Facility
(refer to Section 4.9)
-
Farm produce outlet
(refer to Section 4.44)
-
-E
Haldimand County Zoning By-law HC 1-2020
Page 166
SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
Table 11.1: Permitted Uses in the Agricultural and Future Development Zones
Uses
A
D
Farm stand
(refer to Section 4.44)
-
-E
Forestry Use
-
-
(c) Commercial uses
Animal hospital
-
-E
Animal kennel
(refer to Section 4.33)
-
-E
Commercial greenhouse
(refer to Section 4.12)
-
-E
Recreational vehicle storage
-A
11.3 Zone Provisions
No person shall within any Agricultural and Future Development Zone use or permit the use of
any lot or erect, alter or use any building or structure except in accordance with the zone standards
in Table 11.2 below. Any numbers in parentheses following the particular regulation, zone
heading, or applicable standard indicates that one or more additional regulations apply to
buildings and structures in the applicable Zone, which are listed below the table.
Table 11.2: Zone Provisions for the Agricultural and Future Development Zones
Zone Provision
A
D
Minimum Lot Area to keep livestock
2 ha, except for
the housing of
backyard hens.
N/A
Minimum Lot Area
1,855 sq. m
10,000 sq. m.
Minimum Lot Frontage (Interior Lot)
30 m
180 m
Minimum Lot Frontage (Exterior Lot)
36 m
180 m
Minimum Front Yard
13.0 m
13.0 m
Minimum Exterior Side Yard
13.0 m
13.0 m
Minimum Interior Side Yard
3.0 m
6.0 m
Minimum Rear Yard
9.0 m
13.0 m
Maximum Building Height
11.0 m
11.0 m
Haldimand County Zoning By-law HC 1-2020
Page 167
SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
11.4 Special Exceptions
In Lieu of the corresponding provisions in the A Zone, the following shall apply:
a) Minimum front yard for accessory building: 1 metres;
b) Minimum interior side yard for an accessory building 0.7 metres
c) Maximum accessory building heigh: 8.0 metres;
d) Minimum required set back for the eave or gutter for an accessory building; 0 metres
e) Maximum additional dwelling unit size: 112.2 square metres
f) An additional dwelling unit shall be permitted in a lot that is only accessible by a private
road; and
g) That the additional dwelling unit shall be considered a dwelling, vacation home as
defined in the Zoning By-law HC 1-2020 and may only be used on a seasonal basis.
11.4.1 A - Agriculture
11.4.1.1 A.1
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
a. Notwithstanding the provisions of Section 11.2 - Permitted Uses in the
"Agricultural (A)" zone, Residential Uses such as Bed and Breakfast,
Single detached dwelling, Secondary Suite, Home-based Business,
Home Office, Home Occupation and Home Industry are to be removed
from the list of permitted uses. [1212-HC/20] [1215-HC/21] [1216-
HC/21] [1223-HC/21] [1229-HC/21] [1280-HC/21] [1284-HC/22]
[1287-HC/22]
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
11.4.1.12 A.12
In lieu of the corresponding provisions in Section 4.2 - Accessory Use, Buildings and
Structures to Residential Uses , the following shall apply to Part 1 for the building
existing at the time of passing:
a)
maximum building height: 8 metres
b)
maximum building area: 552 square metres
Notwithstanding the uses permitted in the Agricultural (A) Zone, the following uses shall
not be permitted on Part 2:
Haldimand County Zoning By-law HC 1-2020
Page 168
SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
a)
single detached dwelling
b)
home-based business, home office
c)
home-based business, home occupation
d)
home-based business, home industry
e)
group Home
f)
garden Suite
11.4.1.2 A.2
That on lands delineated as having reference to this subsection, the following
shall apply:
Part 1
i.
That notwithstanding Subsection 11.2 'Permitted Uses in the
Agricultural & Future Development Zones', a single detached dwelling
and all other residential uses shall be prohibited on the subject lands.
Part 2
ii.
That notwithstanding the Agricultural Zone provisions contained in
Section 11.3, the following shall apply:
-
The minimum lot frontage shall be 20 metres on an improved
street.
-
The height and size of the existing dwelling and two
residential accessory structures existing on the date of
passing of this by-law are grandfathered.[1214-HC/21]
11.4.1.3 A.3
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
a) Notwithstanding the provisions of Section 11.2 - Permitted Uses in the
'Agriculture (A)' Zone, Residential Uses such as Bed and Breakfast, Single
detached dwelling, Secondary Suite, Home-based Business, Home Office,
Home Occupation and Home Industry are to be removed from the list of
permitted uses.
b) Notwithstanding the provisions of Section 4.23 that the lot has the minimum
required frontage on an improved street is not applicable. [1220-HC/2021]
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
11.4.1.4 A.4
That on the lands delineated as having reference to this subsection, the following
shall apply:
Haldimand County Zoning By-law HC 1-2020
Page 169
SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
i.
That notwithstanding Subsection 11.2 'Permitted Uses in the Agricultural &
Future Development Zones', a seasonal vacation home and residential
accessory buildings shall be permitted on the subject lands.
ii.
That notwithstanding Subsection 11.2 'Permitted Uses in the Agricultural &
Future Development Zones' the following uses are prohibited on the
subject lands: bed and breakfast, single detached dwelling, secondary
suite, home-based businesses, on-farm diversified uses, agriculture-
related processing, bunk house, cannabis production facility, farm produce
outlet, farm stand, animal hospital, animal kennel, commercial greenhouse,
and recreational vehicle storage are prohibited on the subject lands.
iii.
Notwithstanding the definition of "vacation home" in said By-law HC 1-2020
and for the purposes of this By-law, a "seasonal vacation home" shall be
defined as a dwelling containing only one dwelling unit which is used as a
seasonal place of residence on an occasional basis from April 1st to
October 31st in the same calendar year for recreation and relaxation
purposes. Occupation of the vacation home outside of April 1st to October
31st is not permitted.
iv.
Section 4.23 'Frontage on an Improved Street' shall not apply for the
purposes of construction of a vacation home and residential accessory
buildings.
v.
That notwithstanding Section 11.3 Zone Provisions for the Agricultural and
Development Zones, the required lot frontage shall be 0 metres on an
improved street. [1236-HC/21]
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
11.4.1.5 A.5
Part 2
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
a) Notwithstanding the provisions of Section 4.2.f - lot area of accessory
structures - to permit the existing oversized accessory structure with an
approximate size of 300 square metres." [1229-HC/21]
11.4.1.6 A.6
In lieu of the corresponding provisions in Section 4.2.f - building area of an accessory
structure - to permit an oversized accessory structure with an approximate building area
of 391 square metres.
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
Part 1
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SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
i.
Notwithstanding the provisions of Section 11.2 - Permitted
Uses in the 'Agricultural "(A)'" Zone, Residential Uses such as Bed and
Breakfast, Single detached dwelling, Secondary Suite, Home-based Business,
Home Office, Home Occupation and Home Industry are to be removed from the
list of permitted uses.
*As per By-law 1399-HC/25 General Amendment to HC 1-2020, the Secondary Suite
definition has been replaced by Accessory Dwelling Unit.
Part 2
ii.
Notwithstanding the provision of Section 11.3 - Zone Provisions in the
'Agricultural "(A)'" Zone, the following shall apply:
a. Minimum Lot Frontage (Interior Lot) shall be 5.74 metres.
11.4.2 D - Development
11.4.2.1 D.1
Notwithstanding the uses permitted in the D Zone, only the following uses shall
be permitted:
a) Park
b) Passive use park
c) Trail
d) Emergency access route
The following shall apply: Residential development will only be permitted on
these lands subject to a Zoning By-law Amendment application demonstrating:
a) The Quarry Licence holder ceased operations entirely and surrendered its
Licence in accordance with the Aggregate Resources Act, and the
Licence holder and/or the Ministry confirmed this in writing to the County
or;
b) The Quarry Licence holder and/or the Ministry confirmed in writing to the
County that the Licence or Site Plan has been amended such that the
extraction limit is modified and the lands from which the holding provision
is to be removed maintain a minimum distance of 300m from the modified
extraction limit or;
c) The Quarry Licence holder agreed to operational modifications and/or
physical mitigation measures, in compliance with Ministry of the
Environment, Conservation and Parks noise guidelines and as
determined through the appropriate technical studies. The completion of
any technical studies would be the responsibility of the Owner and would
need to be peer reviewed by the County. [1299-HC/22]
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SECTION 11
AGRICULTURAL & FUTURE DEVELOPMENT ZONES
ZONE EXCEPTIONS
11.4.2.2 D.2
Notwithstanding the uses permitted in the D Zone, only the following uses shall
be permitted:
a) Trail
The following shall apply: Residential development is prohibited on these lands
until such time as the 'Excess Lands' designation in the Official Plan is removed
and the lands are redesignated to an appropriate designation, and subject to a
Zoning By-law Amendment application demonstrating:
a) The Quarry Licence holder ceased operations entirely and surrendered its
Licence in accordance with the Aggregate Resources Act, and the
Licence holder and/or the Ministry confirmed this in writing to the County
or;
b) The Quarry Licence holder and/or the Ministry confirmed in writing to the
County that the Licence or Site Plan has been amended such that the
extraction limit is modified and the lands from which the holding provision
is to be removed maintain a minimum distance of 300m from the modified
extraction limit or;
c) The Quarry Licence holder agreed to operational modifications and/or
physical mitigation measures, in compliance with Ministry of the
Environment, Conservation and Parks noise guidelines and as
determined through the appropriate technical studies. The completion of
any technical studies would be the responsibility of the Owner and would
need to be peer reviewed by the County. [1299-HC/22]
11.4.2.3 D.3
Commercial development will only be considered on these lands subject to a
Market Impact Study prepared by a qualified professional and Zoning By-law
Amendment application. [1301-HC/22]
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SECTION 12
ZONE EXCEPTIONS
12
Zone Exceptions From Former By-laws
12.1 Dunnville
DUN37.1
That the Minimum Lot Area and Minimum Lot Frontage requirements of the A
Zone (Subsection 30.2 (a) and 30.2 (b)) shall not apply to the subject lands
provided that the following shall apply in lieu thereof:
(a)
Minimum Lot Area 2 hectares
(b)
Minimum Lot Frontage 45 metres
DUN37.2
That notwithstanding the permitted uses in the A Zone (Subsection 30.1(h)) a
one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
DUN37.3
That notwithstanding the permitted uses in the A Zone (Subsection 30.1 (h))
a one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
DUN37.4
That notwithstanding the permitted uses in the A Zone (Subsection 30.1 (h))
a one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
DUN37.5
That, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding permitted uses of the "Seasonal Residential Zone
(RS)" (subsection 15.1), a one family dwelling house shall also be
permitted.
b)
Subsection 6.16 (Frontage of an Improved Street) shall not apply.
c)
In lieu of the definition of "Street Line" (Subsection 4.95), the boundary
of the adjacent right-of-way shall be deemed to be the street line.
DUN37.6
That notwithstanding the permitted uses in the A Zone (Subsection 30.1)
gypsum settling ponds shall also be permitted on the lands delineated by this
Subsection.
DUN37.7
That notwithstanding the permitted uses in the A Zone (Subsection 30.1 (h))
a one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
DUN37.8
That notwithstanding the permitted uses in the A Zone (Subsection 30.1 (h))
a one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
DUN37.9
That notwithstanding the permitted uses in the A Zone (Subsection 30.1 (h))
a one family dwelling house shall not be permitted on the lands delineated by
this Subsection.
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SECTION 12
ZONE EXCEPTIONS
DUN37.10
That notwithstanding the permitted uses in the A Zone (Subsection 30.1) a
hunters and anglers club and a gun club shall also be permitted on the lands
delineated by this Subsection.
DUN37.11
That notwithstanding the permitted uses in the A Zone (Subsection 30.1), a
hunters and anglers club and a gun club shall also be permitted on the lands
delineated by this Subsection.
DUN37.12
That notwithstanding the permitted uses in the HL Zone (Subsection HAL36.1)
a hunters and anglers club and a gun club shall also be permitted on the lands
delineated by this Subsection.
DUN37.13
This section repealed (4-DU 2000) and replaced with the following:
That, in addition to the permitted uses of the "Rural Industrial (MR)" zone
(Subsection 26.1), the following uses shall also be permitted on the lands
delineated by this subsection:
a)
hardware store;
b)
gas station;
c)
farm and feed supply;
d)
pet food supply; and
e)
garden centre.
DUN37.14
That notwithstanding Subsection 6.15 a maximum of three dwelling units shall
be permitted on the lands delineated by this Subsection.
DUN37.15
That notwithstanding the minimum lot frontage requirement in the RH Zone
(Subsection 14.2 (b)) the minimum lot frontage shall be 28 metres on the lands
delineated by this Subsection.
DUN37.16
That notwithstanding Subsection 6.15 a maximum of two dwelling units shall
be permitted on the lands delineated by this Subsection.
DUN37.17
That notwithstanding the permitted uses or the minimum lot area requirement
in the RH Zone (subsections 14.1 and 14.2 (a)) the permitted use shall be a
summer cottage and the minimum lot area shall be 1 152 square metres on
the lands delineated by this Subsection.
DUN37.18
That notwithstanding the minimum front yard requirement in the R2 Zone
(Subsection 9.2 (c) (i)) the minimum front yard shall be the established building
line on the lands delineated by this Subsection.
DUN37.19
That notwithstanding Subsection 6.15 a maximum of two dwelling units shall
be permitted on the lands delineated by this Subsection.
DUN37.20
That notwithstanding the permitted uses in the CH Zone (Subsection 19.1) a
retail furniture establishment shall also be permitted on the lands delineated
by this Subsection.
DUN37.21
Removed (June 2019)
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SECTION 12
ZONE EXCEPTIONS
DUN37.22
That notwithstanding subsection 6.16 or the permitted uses in the HL Zone
(Subsection HAL36.1) a summer cottage shall also be permitted on the lands
delineated by this Subsection and more accurately shown on Schedule 3.22.1
in accordance with the following:
(a)
Minimum Lot Area - 580 square metres
(b)
Minimum Lot Frontage - 15 metres
(c)
Minimum Yard Requirements:
(i)
front yard - 9 metres
(ii)
interior side yard - 3 metres on one side and 1 metre on the
other side
(iii)
rear yard - 12 metres
(d)
Maximum Building Height - 11 metres
(e)
Maximum Lot Coverage - 35 percent
DUN37.23
That notwithstanding Subsection 6.3.3 the existing unenclosed porch may be
enclosed on the lands delineated by this Subsection and more accurately
shown on Schedule 3.23.1.
DUN37.24
That notwithstanding the permitted uses in the HL Zone (Subsection HAL36.1)
a one family dwelling house shall also be permitted on the lands delineated by
this Subsection and more accurately shown on Schedule 3.24.1 in accordance
with the following:
(a)
Minimum Lot Area - 1 254 square metres
(b)
Minimum Lot Frontage - 45 metres
(c)
Minimum Yard Requirements:
(i)
front yard - 19 metres
(ii)
interior side yard - 3 metres on one side and 25 metres on the
other side
(d)
Maximum Building Height - 11 metres
(e)
Maximum Lot Coverage - 25 percent
DUN37.25
That notwithstanding the permitted use in the HL Zone a one family dwelling
house shall also be permitted on the lands delineated by this Subsection
subject to the General Zone Provisions of the A Zone (Subsection 30.2).
DUN37.26 A.
That the permitted uses of the A Zone (Subsection 30.1) shall not apply
to the subject lands and that a summer cottage shall be permitted on
the land identified by this Subsection number on Schedule "A10" and
more accurately shown on Schedule DUN37.26.1 as subject lands.
B.
That the provisions of Subsection 6.16 Frontage on an Improved Street
shall not apply to the subject lands.
DUN37.27 A.
That the permitted use of the A Zone (Subsection 30.1) shall not apply
to the subject lands and that a summer cottage shall be permitted on
the land identified by this Subsection number on Schedule "A10" and
more accurately shown on Schedule DUN37.27.1 as subject lands.
B.
That the provisions of Subsection 6.16 Frontage on an Improved Street
shall not apply to the subject lands.
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SECTION 12
ZONE EXCEPTIONS
DUN37.28 A.
That the permitted uses of the IC Zone (Subsection 31.1) shall not apply
to the subject lands identified on Schedule A4-B by this Subsection and
that the following permitted uses shall be allowed on the subject lands:
(a)
clinic
(b)
accessory uses to a hospital
DUN37.29
That the permitted uses of the RS Zone (Subsection 15.1 (a)) shall not
apply to the subject lands and a one family dwelling house shall be
permitted on the lands identified on Schedule "A7" by this Subsection
number.
DUN37.30
That in addition to the permitted uses of the OST Zone (Subsection
35.1) a sand pit shall also be permitted on the subject lands, identified
on Schedule "A1" by this Subsection number, in accordance with the
provisions of the MX Zone (Subsection 28.2).
DUN37.31
That the Minimum Lot Frontage and Minimum Yard Requirement of the
R1 Zone (Subsection 8.2 (b) and 8.2 (c)) shall not apply to the subject
lands, provided that the following shall apply.
(a)
Minimum Lot Frontage10 metres
(b)
Minimum Yard Requirements:
i)
front yard
2 metres
ii)
interior side yard
.09 metres on one side
1.5 metres other side
iii)
rear yard
9 metres
DUN37.32
That the Permitted Uses of the HL Zone (Subsection HAL36.1) shall not
apply to the subject land and a one family dwelling house and accessory
uses shall be permitted on the lands identified by this Subsection
number of Schedule "A1" and more accurately shown on Schedule
DUN37.32.1 as subject lands in accordance with the provisions of
Subsection 14.2 of By-law 1-DU 80.
DUN37.33
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
That in addition to the permitted uses of the A Zone (Subsection
30.1), automobile sales, open storage, and the repair of farm
implements and motor vehicles shall also be permitted on a
portion of the lands identified by this subsection number on
Schedule "A4-A" and more accurately shown on Schedule
DUN37.33.1 as subject lands.
(b)
maximum useable area - 0.5 acres (0.2 hectares).
DUN37.34
That the permitted uses of the R3 Zone (Subsection 10.1 (a)) shall not
apply to the subject lands, and a one family dwelling house shall be
permitted in accordance with the following provisions:
(a)
Minimum Lot Area
271 square metres
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SECTION 12
ZONE EXCEPTIONS
(b)
Minimum Lot Frontage
10 metres
(c)
Minimum Front Yard
3 metres
(d)
Minimum Side Yards
.3 metres on one side
2 metres on the other side
(e)
Minimum Rear Yard
6 metres
DUN37.35
That the Permitted Uses of the HL Zone (Subsection HAL36.1) shall not
apply to the subject lands and one summer cottage and accessory uses
shall be permitted on the lands identified by this subsection number on
Schedule "A10" and more accurately shown on Schedule DUN37.35.1
as subject lands in accordance with the following provisions:
Minimum Lot Frontage
47 metres
Minimum Lot Area
1 365 square metres
Minimum Front Yard
6 metres
Minimum Rear Yard
6 metres
Minimum Side Yard
3 metres
Minimum Side Yard
3 metres
Minimum Elevation
176.5 metres above sea level Geodetic
Survey of Canada datum, for any
external openings to a room, basement
or cellar of a dwelling house.
DUN37.36
(a)
That the provisions of Subsection 6.16 Frontage on an
Improved Street shall not apply to the subject lands provided
no dwelling shall be permitted on the subject lands.
DUN37.37
That in addition to the permitted uses of the A Zone (Subsection 30.1),
a contractors yard including any buildings associated therewith shall
also be permitted on a portion of the lands identified by this Subsection
number on Schedule "A2" and more accurately shown on Schedule
DUN37.DUN37.1 as subject lands.
DUN37.38
(a)
That the permitted uses of the A Zone (Subsection 30.1)
shall not apply to the subject lands and that a summer
cottage shall be permitted on the lands identified by this
Subsection number on Schedule "A10" and more accurately
shown on Schedule DUN37.38.1 as subject lands.
(b)
That the provisions of Subsection 6.16 Frontage on an
Improved Street shall not apply to the subject lands.
DUN37.39
That the Permitted Uses and Zone Provisions of the HL Zone
(Subsection HAL36.1 and HAL36.2) shall not apply to the subject lands
and a public utility yard and municipal dog pound in a wholly enclosed
building shall be permitted on the lands identified by this Subsection
number on Schedule "A4-B" and more accurately shown on Schedule
DUN37.39.1 as subject lands in accordance with the provisions of
Subsection 24.2 of By-law 1-DU 80.
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SECTION 12
ZONE EXCEPTIONS
DUN37.40
That in addition to the permitted uses of the A Zone (Subsection 30.1)
gypsum settling ponds shall also be permitted on the lands identified by
this Subsection number on Schedules "A2" and "A8".
DUN37.41
This section repealed (By-Law 3-DU-83) and replaced with the
following:
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
That notwithstanding the provisions of Subsection 16.1,
General Commercial (CG) Zone - Permitted Uses, the uses
permitted shall be limited to a supermarket with accessory uses
and an automotive service station.
ii)
That for the purposes of this by-law, a supermarket shall mean
a building possessing a minimum gross leasable floor area of
3,000 m2 and a maximum gross leasable floor area of 5,100
m2 in which the main use is the retail sale of a balanced line of
goods such as canned, bottled, packaged and frozen foods,
fresh meat and poultry, fish, fresh fruits and vegetables,
prepared food products, bakery products, dairy products,
candy and confectionary, and other food products. In addition,
newspapers, magazines, paper products, soft drinks, tobacco
products, health and beauty aids, housewares, flowers and
plants and other non-food items may be sold. Services may
also be offered for sale provided they are subordinate to the
main use.
iii)
That for the purposes of this by-law, the gross leasable floor
area shall exclude any portion of the supermarket building used
as a mezzanine.
iv)
That for the purposes of this by-law, an automotive service
station shall mean a gas bar with a maximum usable floor area
of 31 m2 and a maximum of 6 pumps.
DUN37.42
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
That, in addition to the permitted uses of the "Agricultural Zone
(A)" (subsection 30.1) and "Light Industrial Zone (ML)"
(subsection DUN37.194B), the following uses are permitted:
i)
short term shows and events, as defined herein:
"SHORT TERM SHOWS AND EVENTS" shall mean
the use of land, buildings, or structures for the purpose
of entertainment or amusement such as musical
concerts, trade shows, air shows, car shows, home and
garden shows, fundraising events, reunions, fairs,
festivals and horse, pet, poultry or other livestock shows
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SECTION 12
ZONE EXCEPTIONS
for a short term. Short term, for the purposes of this
definition, shall mean not longer that 7 days of
consecutive duration for any individual show or event
and a maximum of 70 days during any calendar year for
the total of all short term shows and events;
ii)
retail sales of goods, wares, merchandise, food,
substances, articles or things as an accessory use to
short term shows and events;
iii)
airport; and
iv)
Notwithstanding the provisions of subsection 6.15
(Number of Dwelling Houses Per Lot), a maximum a
three (3) one family dwelling houses shall be permitted
on the lands identified as having reference to this
subsection.
DUN37.43
That the Permitted Uses of HL Zone (Subsection HAL36.1) shall not
apply to the subject land and a one family dwelling house and accessory
uses shall be permitted on the lands identified by this Subsection
number of Schedule "A5" and more accurately shown on Schedule
DUN37.43.1 as subject lands in accordance with the provisions of
Subsection 14.2 of By-law 1-DU 80.
DUN37.44
That in lieu of the minimum lot frontage requirements of the RS Zone
(subsection 15.2(b)) the Minimum Lot Frontage shall be 28.5 metres on
the lands identified as having reference to this subsection.
DUN37.45
That the Minimum Lot Frontage provision of the "A" Zone (Subsection
30.2 (b)) shall not apply to the subject lands and the Minimum Lot
Frontage shall be 22 metres on the lands identified by this Subsection
number on Schedule "A2".
DUN37.46
That in addition to the uses permitted in the "Agricultural Zone (A)"
(subsection 30.1), a rest and retirement group home for a maximum of
15 adults with special needs shall also be permitted on lands delineated
as having reference to this subsection.
DUN37.47
(a)
That the minimum lot area and minimum lot frontage
provisions of the CM Zone (subsections 22.2 (a) and 22.2
(b)) shall not apply to the subject lands identified by this
Subsection number on Schedule A4-B
(b)
That the provisions of Subsection 22.2 (c) minimum yard
requirements of By-law 1-DU 80, as amended, shall not apply
to the location of docks, boat slips and any similar uses.
DUN37.48
(a)
That the minimum lot frontage requirements of the CM Zone
(Subsection 22.2 (b)) shall not apply to the subject lands
provided that the following shall apply in lieu thereof:
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SECTION 12
ZONE EXCEPTIONS
i)
Minimum Lot Frontage 21 metres
(b)
That the location of the existing buildings on the subject lands
shall be deemed to conform with the yard requirements of the
CM Zone provided that any new buildings or additions shall
conform with the provisions of Subsection 22.2 (c) of By-law 1-
DU 80.
(c)
That the provisions of Subsection 22.2 (c) minimum yard
requirements of By-law 1-DU 80, as amended, of the Town of
Dunnville shall not apply to the location of docks, boat slips and
any similar uses.
DUN37.49
That in addition to the permitted uses of the HL Zone (Subsection
HAL36.1) a summer cottage shall be permitted on the subject lands
indentified by this Subsection number on Figure 2 on Schedule "A6"
subject to the Zone provisions of the RS Zone (Subsection 15.2) and
the following:
Minimum Elevations:
(a)
176.9 metres above sea level, Geodetic Survey of Canada
datum, for the finished grade
(b)
177.2 metres above sea level, Geodetic Survey of Canada
datum, for any external openings.
Exemptions:
(a)
Subsection 6.16, Frontage on an Improved Street, shall not
apply
(b)
In lieu of the definition of "STREET LINE" (subsection 4.95),
the westerly boundary of the adjacent right-of-way shall be
deemed to be the street line
(c)
Subsection 6.8.1(d) shall not apply.
DUN37.50
(a)
That in addition to the permitted uses of the IC Zone
(Subsection 31.1) the following uses shall also be permitted
on the lands identified by this Subsection:
(i)
racquet and fitness centre
(ii)
business and professional offices
(b)
That the off-street parking provisions of subsections 7.1 (b) and
7.8 of By-law 1-DU 80 of the Town of Dunnville shall not apply
to the racquet and fitness centre and the following shall apply
in lieu thereof.
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SECTION 12
ZONE EXCEPTIONS
(i)
each parking space shall have a minimum width of 2.7
metres and a minimum length of 5.4 metres
(ii)
3 parking spaces per court which shall include the
usable floor area devoted to washrooms, change
rooms, sauna, shower and whirlpool areas.
(iii)
1 parking space for every 4 persons according to
designed maximum capacity of the lounge area.
(iv)
in addition to the foregoing, 1 parking space for every
19 square metres of remaining usable floor area, or part
thereof.
DUN37.51
That in addition to the permitted uses of the RS Zone (Subsection 30.1)
a day nursery shall also be permitted on the lands identified by this
Subsection number on Schedule "A4A".
DUN37.52 (a)
That in addition to the permitted uses of the RS Zone (Subsection 15.1)
a one family dwelling house shall be permitted on the lands identified
by this Subsection number on Figure 1 on Schedule "A9".
(b)
That the provision of Subsection 15.2 (b) minimum lot frontage shall
not apply and the following shall apply in lieu thereof.
Minimum lot frontage 15 metres.
Section 2 of By-law 3-DU 86
That in addition to the permitted uses contained in Subsection 26.1 of Zoning
By-law 1-DU 80, as amended, of the Town of Dunnville a contractor's yard, a
custom workshop and a concrete products and building supply business shall
be permitted on the lands shown as subject lands on Maps "A" and "B"
(attached to and forming part of this By-law).
Section 2 of By-law 5-DU 86
That in lieu of the permitted uses contained in Subsection 34.1 of said Zoning
By-law 1-DU 80, as amended, a summer cottage shall be permitted on the
said subject lands.
DUN37.53
That in addition to the uses permitted in the Community Institutional
Zone (subsection 31.1) a parking lot shall also be permitted on the lands
identified as having reference to this subsection.
DUN37.54
That on the lands delineated as having reference to this subsection on
Schedule "A4-A" the following provisions shall apply:
(a)
Any apartment dwelling house shall be limited to a maximum of 44
dwelling units
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(b)
Subsection 7.8 (c) shall not apply to any apartment dwelling house for
senior citizens provided that a minimum of 10 parking spaces shall be
provided
(c)
Subsection 12.2 (b) Maximum Floor Area Ratio shall not apply
(d)
Subsection 12.2 (d) shall not apply provided that the Minimum Usable
Floor Area shall be 33 square metres in lieu thereof
(e)
Notwithstanding subsection 12.2 (a), any yards existing shall be
deemed to conform to this By-law provided that any building or
structure hereafter erected shall conform to the provisions of
subsection 12.2 (a).
DUN37.55
DUN37.56
That in addition to the uses permitted in the Community Institutional
Zone (subsection 31.1) a parking lot shall also be permitted on the lands
identified as having reference to this subsection.
DUN37.57A (a)
That on the lands delineated as having reference to this subsection on
Schedule "A4-4" the following provisions shall apply in lieu of the
provisions of Section 11:
11.1
Permitted Uses
street townhouses, home occupation.
11.2
Zone Provisions
11.2.1 Street Townhouses
(a)
Minimum Lot Area - 240 square metres for each
dwelling unit; except where every dwelling unit has a
private garage forming an integral part of each dwelling
unit in which case the minimum lot area shall be 170
square metres for each dwelling unit.
(b)
Minimum Lot Frontage - 20 metres
(c)
Minimum Yard Requirements:
(i)
front yard - 4.5 metres
(ii)
exterior side yard - 3.5 metres
(iii)
interior side yard - 3 metres. In the case of a lot
being subdivided for the purpose of separate
ownership of street townhouse dwelling units no
interior side yard need be provided along the
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common side lot line between the lots created
by the subdivision.
(iv)
rear yard - 1.5 metres.
(d)
Maximum Building Height - 11 metres.
(e)
No more than six dwelling units shall be permitted in a
dwelling house.
(f)
Minimum Usable Floor Area - 65 metres square per
dwelling unit.
(g)
In lieu of subsection 7.8 (b), one parking space for each
dwelling unit shall be permitted.
(h)
Each dwelling unit shall have separate water and sewer
connections.
(b)
That in lieu of any provision to the contrary of said By-law 1-DU 80, as
amended, the following shall apply to the lands delineated by this
subsection for the purpose of separate ownership;
(a)
Minimum Lot Area - 145 square metres.
(b)
Minimum Lot Frontage - 7 metres.
(c)
Minimum Yard Requirements:
(i)
front yard - 3.5 metres
(ii)
exterior side yard - 4.5 metres
(iii)
interior side yard - 1.5 metres
(iv)
rear yard - 3 metres
DUN37.57B
Removed (8-DU-88)
DUN37.58
That on the lands delineated as having reference to this subsection on
Schedule "A1" the following provision shall apply:
(a)
That in addition to the Permitted Uses subsection - 21.1 of the Rural
Commercial Zone a commercial television and tele-communication
tower, but excluding any office or studio associated therewith, shall be
permitted.
(b)
That subsection 21.2 (b) Minimum Lot Frontage shall not apply and the
Minimum Lot Frontage shall be 7 metres.
(c)
That the location of the tower to any lot line shall not be less than the
distance equal to the height of the tower.
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DUN37.59
That on the lands delineated as having reference to this subsection on
Schedule "A9", Figure 1, a maximum of 26 sites shall be permitted.
DUN37.60
That in lieu of the permitted uses of the "Open Space Zone (OS)"
(subsection 34.1) on the land delineated as having reference to this
subsection a park shall be permitted.
DUN37.61
That in lieu of the permitted uses of the "Seasonal Residential Zone
(RS)" subsection 15.1) a parking lot shall be permitted.87
DUN37.62
Repealed by By-law No. 23-DU 92.
DUN37.63
That the lands delineated as having reference to this subsection on
Schedule "A9" the following provisions shall apply:
(a)
Subsection 15.2(a) Minimum Lot Area shall not apply provided that the
minimum lot area shall be 929 square metres
(b)
That the provisions of Subsection 6.16 frontage on an Improved Street
shall not apply to the subject lands.
DUN37.64
That in addition to the uses permitted in the Agricultural Zone (A)
(Subsection 30.1) a wood working shop shall also be permitted on the
lands identified by this subsection provided the entire operation is
carried on within the existing building.
DUN37.65 (a)
That Subsection 10.2(b) Minimum Lot Frontage not apply and the
Minimum Lot
Frontage shall be 18 metres.
(b)
That Subsection 6.6 Location of a Habitable Room shall not apply.
DUN37.66
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be permitted
on the lands identified as having reference to this subsection.
DUN37.68
That on the lands delineated as having reference to this subsection on
Schedule "A6" the following provisions shall apply:
(a)
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall be permitted.
(b)
That the Minimum Lot Area (subsection 15.2 (a)) shall not apply
provided that the minimum lot area shall be 1390 square metres.
(c)
That the Minimum Lot Frontage (subsection 15.2 (b)) shall not apply
provided that the minimum lot frontage shall be 22 metres.
DUN37.69
That subsection DUN37.2 of the Regional Municipality of Haldimand-
Norfolk Zoning By-Law 1-DU 80, as amended, of the Town of Dunnville
shall not apply to the subject lands.
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DUN37.71
That on the land delineated as having reference to this subsection on
Schedule A9, Figure 1, the following provisions shall apply:
(a)
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall be permitted.
(b)
That the Minimum Lot Area (subsection 15.2 (a)) shall not apply and
the Minimum Lot Area shall be 1765 square metres.
DUN37.72
That on land delineated as having reference to this subsection on
Schedule A10, Figure 1, the following provision shall apply:
(a)
That subsection 15 (2) (c) (i) minimum yard requirements - front yard
shall not apply and the minimum yard requirements - front yard shall
be 4.5 metres.
(b)
That subsection 6.16 shall not apply to the land delineated as having
reference to this subsection.
DUN37.73
That in addition to the permitted uses of the RH Zone (subsection 14.1)
the following uses shall also be permitted on the lands identified by this
subsection:
(i)
gas line and gas meter repair and installation business, provided that
there be no outside material storage and that the gas line and gas
meter repair and installation business not utilize a floor area of more
than 223 square metres.
DUN37.74
That subsection 30.2 (c) (i) Minimum Front Yard shall not apply and that
the Minimum Front Yard shall be 30 metres.
DUN37.75
Deleted.
DUN37.76
That the total number of townhouse units located on lands delineated as
having reference to this subsection shall not exceed 64.
DUN37.77
That on the lands delineated as having reference to this subsection on
Schedule A7 the following provisions shall apply:
(a)
That in addition to the Permitted Uses (15.1) of the Seasonal
Residential Zone, a one family dwelling house shall be permitted.
(b)
That subsection 15.2 (b) Minimum Lot Frontage shall not apply and the
minimum lot frontage for that portion of the lands south of the
Lakeshore Road shall be 23 metres.
DUN37.78
That the lands delineated as having reference to this subsection on Schedule
A6 Figure 1 the following provisions shall apply:
(a)
Subsection 15.2(a) Minimum Lot Area shall not apply provided that the
minimum lot area shall be 1025 square metres.
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(b)
That the provisions of subsection 6.16 frontage on an improved street
shall not apply to the subject lands.
DUN37.79
That, in addition to the permitted uses of the MM Zone (subsection 25.1), a
single family dwelling house shall also be permitted on the lands delineated
by this subsection.
DUN37.81
That, on the lands identified as having reference to this subsection, one
dwelling unit may include a group home.
DUN37.81A That notwithstanding the definition of "STREET", for the purpose of establishing
street lines and yard requirements, the lands delineated by this subsection
shall be deemed to be a street.
DUN37.82
That notwithstanding the interior side yard requirement of the RH Zone the
easterly interior side yard shall be 9 metres on the easterly lot within Parcel 2
of the lands delineated by this subsection.
DUN37.83
That, on lands delineated as having reference to this subsection, the following
provisions shall apply:
(a)
Subsection 6.16, Frontage on an Improved Street, shall not apply.
(b)
In lieu of the definition of "STREET LINE" (subsection 4.95), the
boundary of the adjacent railway right-of-way shall be deemed to be
the street line.
(c)
Notwithstanding the uses permitted in the Agricultural Zone, a storage
building accessory to a marina shall also be permitted on Part 1.
(d)
Notwithstanding the uses permitted in the "Agricultural Zone (A"
(subsection 30.1) a restaurant accessory to a marina shall also be
permitted on Part 1.
(e)
Notwithstanding subsection 6.24.2 (Location of Guest Houses) a
maximum of four guest houses shall be permitted on Part 1.
(f)
Notwithstanding subsection 5.3 (More than one Zone on a Lot) and
subsection 30.2 (Agricultural General Zone Provisions) development
of the lands shall take place according to the provisions of the "Marine
Commercial Zone (CM)".
(g)
The maximum useable floor area shall be 405 square metres on Part
1.
DUN37.84
That on the lands identified as having reference to this subsection the following
provisions shall apply:
(a)
One dwelling unit may include a group home.
(b)
In lieu of the definition of a group home (subsection 4.40) group home
shall mean a dwelling house that is licensed or funded under an Act of
Parliament of Canada or the Province of Ontario for the
accommodation of a maximum of seven persons, exclusive of staff,
living under psychiatric supervision in a single housekeeping unit and
who, by reason of their mental status, require a group living
arrangement for their well being.
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DUN37.85
That, notwithstanding the definition of "STREET", for the purpose of
establishing street lines and yard requirements, the lands delineated by this
subsection shall be deemed to be a street.
DUN37.86
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
Subsection 6.l6, Frontage on an Improved Street, shall not apply.
(b)
In lieu of the definition of "STREET LINE" (subsection 4.95), the
southerly boundary of the adjacent right-of-way shall be deemed to be
the street line.
DUN37.87
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be a permitted use
on the lands delineated as having reference to this subsection.
DUN37.88
That, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
In addition to the uses permitted in the Rural Industrial Zone
(subsection 26.1), a concrete products manufacturing operation shall
also be permitted.
(b)
Notwithstanding anything contrary contained herein, the lands
delineated by this subsection shall be deemed to be an Interior Lot and
the southerly boundary of said lands shall be deemed to be the Front
Lot Line.
(c)
In lieu of subsection 26.2(c) (i), the minimum front yard shall be 9
metres.
DUN37.89
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
in addition to the uses permitted in the Rural Industrial Zone
(subsection 26.1) the sale of arts, crafts and camping supplies and a
take-out restaurant shall also be permitted, excluding open storage
accessory thereto.
(b)
maximum usable commercial floor area - 140 square metres.
(c)
maximum usable take-out restaurant floor area - 42 square metres.
DUN37.90
Replaced by DUN37.232 (451-HC-06)
DUN37.90A
THAT on the lands delineated as having reference to this subsection, the
Minimum Lot Area and Minimum Lot Frontage requirements of the Hamlet
Residential Zone (subsections 14.2(a) and (b) shall not apply and the following
shall apply, in lieu thereof:
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a)
Minimum Lot Area - 4500 square metres
b)
Minimum Lot frontage - 61 metres.
DUN37.91
That the following shall apply to the lands delineated as having reference to
this subsection:
a)
Subsection 5.3 (More Than One Zone on a Lot) shall not apply.
b)
Notwithstanding the uses permitted in the Hazard Land Zone
(subsection HAL36.1) a one family dwelling shall be permitted.
c)
Development of the lands shall be in accordance with the provisions of
the Agricultural Zone except subsections 3.2(b) and 30.2(c) (iii) for
which the following shall apply, in lieu thereof:
(i)
Minimum Lot Frontage - 24.25 metres
(ii)
Minimum Interior Side Yard - 3.6 metres.
DUN37.92
That notwithstanding subsection 6.15, a single family dwelling shall be
permitted on the lands delineated by this subsection and the boundaries of
said subject lands shall be used to calculate Zone Provisions.
DUN37.93
(a)
Notwithstanding the uses permitted in the Hazard Land Zone
(SubsectionHAL36.1) a one family dwelling shall be permitted.
(b)
Development of the lands shall be in accordance with the provisions of
the Hamlet Residential Zone (RH) except Subsections 14.2 (a) for
which the following shall apply, in lieu therefore:
(i)
Minimum Lot Area - 1,400 square metres
(ii)
Minimum Lot Frontage - 28 metres
(c)
In addition to the Provisions of the Hamlet Residential Zone (RH), the
following provision shall also apply to the subject lands:
(i)
Minimum Elevation 177.2 metres above sea level Geodetic
Survey of Canada Datum, for any external openings to a room,
basement or cellar of a dwelling house.
DUN37.94
THAT on the lands delineated as having reference to this subsection on
Schedule A2 the following provisions shall apply:
(a)
That in addition to the permitted uses (30.1) of the Agricultural Zone, a
training and rehabilitation centre shall be permitted.
(b)
That subsection 4.98 shall not apply to the lands delineated by this
subsection.
(c)
That for the purposes of this subsection, a "Training and Rehabilitation
Centre" shall mean an area of land and buildings where facilities are
provided and operated by a private, non-profit religious institution for
the rehabilitation and training of persons who are experiencing
addictive behavior as a result of substance abuse and will include living
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quarters for the accommodation of a maximum of ten (10) such
persons plus appropriate supervisory personnel.
(d)
That, in addition to the general zone provisions (30.2) of the
Agricultural Zone, the following provision shall apply:
Maximum usable floor area - 445.0 square metres.
DUN37.96
That on lands delineated as having reference to this subsection, the following
provisions shall apply;
a)
That subsection 14.2 (a) Minimum Lot Area shall not apply, in lieu
thereof, the Minimum Lot Area shall be 2,000 square metres
b)
That subsection 6.21 Building Separation from Railways shall not
apply, in lieu thereof, the minimum setback from the railway right-of-
way shall be 30 metres.
DUN37.97
That, on the lands identified as having reference to this subsection, the
Minimum Lot Area requirements of the Seasonal Residential Zone (subsection
15.2 (a)) shall not apply, in lieu thereof:
a)
Minimum Lot Area - 5,000 square metres
b)
That in addition to the uses permitted in the "Seasonal Residential
Zone (RS)" (Subsection 15.1) a one family dwelling house shall also
be permitted on the lands identified as having reference to this
subsection.
DUN37.98
That, on the lands identified as having reference to this subsection, in addition
to the requirements of the Agricultural Zone (subsection 30.2) the following
provision shall apply:
a)
Minimum elevation of 177.54 metres (582.48 feet) above sea level
Geodetic Survey of Canada Datum, for new structural development.
DUN37.99
This section repealed (By-laws 7-DU-91 and 8-DU-91).
DUN37.100
THAT, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That in addition to the uses permitted in the Highway Commercial Zone
(CH) (Subsection 19.1) the following uses shall be permitted:
i)
custom workshop and sales incidental thereto
ii)
industrial garage
iii)
warehouse
iv)
facilities and offices for engineering, surveying and any similar
activity
v)
merchandise service shop
vi)
contractor's yard, as defined herein
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Contractor's Yard - means the yard of any building trade or
other contractor used as a depot for the storage and
maintenance of equipment used by the contractor or company,
such as; cranes, ploughs, tractors, pile drivers, roadmaking,
wrecker's or steel wrecker's equipment. Also includes
management of the business and the stock- piling or storage of
materials and supplies used by the business, but does not
include the wholesale or retail sale of construction materials or
supplies, or the uncovered storage of loose materials, such as
sand, gravel, concrete, etc.
vii)
park model trailer manufacturing and assembly plant, and
display and sales incidental thereto.
b)
That development of the lands shall take place in accordance with the
provisions of the Highway Commercial Zone (CH), except subsections
19.2(c) (i) and 19.2(g) for which the following
shall apply in lieu
thereof:
i)
Minimum Front Yard Setback - 14 metres
ii)
Open Storage - open storage shall be prohibited in the required
front yard.
DUN37.101
THAT the following shall apply to the lands delineated as having reference to
this subsection:
a)
Subsection 5.3 (more than one zone on a lot) shall not apply
b)
Notwithstanding the uses permitted in the Hazard Land Zone
(subsection HAL36.1) a one family dwelling shall be permitted)
c)
Development of the lands shall be in accordance with the provisions of
the Agricultural Zone (A) except subsections 30.2 (c) (i), 30.2 (c) (iii)
and 30.2 (c) (iv), for which the following shall apply, in lieu thereof:
i)
Minimum Front Yard
11 metres
ii)
Interior Side Yard (Right)
23 metres
iii)
Minimum Rear Yard
9 metres
d)
In addition to the provisions of the Agricultural Zone (A), the following
provision shall also apply to the subject lands.
i)
Minimum elevation 176.0 metres, above Sea Level Geodetic
Survey of Canada Datum, for any external openings to a room,
basement or cellar of a dwelling.
e)
Subsection 6.16, Frontage on an improved street, shall not apply.
f)
In lieu of the definition of "street line" (Subsection 4.95), the easterly
boundary of the adjacent right-of-way shall be deemed to be the street
line.126
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DUN37.102
The following provisions shall apply to the lands identified as Part 1 on
Schedule DUN37.102:
a)
Notwithstanding the provisions of Subsection 23.1 -Permitted Uses of
the 'General Industrial (MG)' zone, permitted uses shall be limited to
the following:
i)
all types of commercial offices
ii)
prestige industrial uses, including enclosed warehousing,
limited product distribution services,
research
and
development
facilities,
communications
facilities, and manufacturing and processing operations
deemed not to be obnoxious by reason of dust, odour, fumes,
particulate matter, noise and/or excessive vibrations
iii)
private sector commercial or trade schools
iv)
parks and open space linkages
v)
public or private sector utilities and storm water management
and transportation facilities
b)
Ancillary open storage is not permitted.
The following provisions shall apply to the lands identified as Part 2 on
Schedule DUN37.102:
c)
Notwithstanding the provisions of Subsection 23.1 - Permitted Uses of
the 'General Industrial (MG)' zone, permitted uses shall be limited to
the following:
i)
Light industrial uses, including:
manufacturing
fabrication
assembly and processing
warehousing
bulk storage tanks
service and maintenance operations
research and development laboratories and facilities
and other similar uses
product distribution services
communications facilities
ii)
private sector commercial or trade schools
iii)
parks and open space linkages
iv)
public or private sector utilities and storm water management
and transportation facilities
v)
Ancillary open storage is permitted in conjunction with any
other permitted use. In addition, an ancillary retail sales show
room and/or an ancillary office component may be permitted as
an integral component of a building that accommodates any
other permitted land use provided that:
i)
the retail sales showroom and/or office component is
directly related to the primary use; and
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ii)
the retail sales showroom and/or office component does
not constitute more than 25 percent of the Gross Floor
Area of the building.
DUN37.103
That, in addition to the uses permitted in the "Seasonal Residential Zone (RS)"
(Subsection 15.1) a one family dwelling house shall also be permitted on the
lands identified as having reference to this subsection.
DUN37.104
That the lands delineated as having reference to this subsection on Schedule
A10, Figure 1, the following provisions shall apply:
That notwithstanding Subsection 15.1, or the zone provisions, of the
"Seasonal Residential Zone (RS)" the lands delineated by this subsection and
more accurately shown on Subsection DUN37.104 shall be in accordance with
the following:
a)
Minimum lot area
557 sq. metres
b)
Minimum lot area
15.2 metres
c)
Minimum yard requirements:
i) front yard
9 metres
ii) interior side yard
3 metres
iii) rear yard
0.45 metres
d)
Maximum building height
11 metres
e)
Minimum useable floor area
65 sq. metres
DUN37.105
Removed by 26-DU-99 (REPLACED BY DUN37.208)
DUN37.107
That, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That in addition to the uses permitted in the "Rural Industrial Zone
(MR)" (subsection 26.1), the sale of agricultural chemicals shall also
be permitted.
DUN37.108
That, in addition to the uses permitted in the "Seasonal Residential Zone (RS)"
(Subsection 15.1) a one family dwelling home shall also be permitted on the
lands identified as having reference to this subsection.
DUN37.109
That on the lands delineated as having reference to this subsection, in addition
to the uses permitted in the Seasonal Residential Zone (Subsection 15.1) a
one family dwelling house shall also be a permitted use.
DUN37.110 (a)
That the permitted uses of the "Disposal Industrial Zone (MD)"
(Subsection 27.1) shall not apply to the lands identified as Parcel 2 on
Schedule DUN37.110.1 and that the uses permitted on this parcel shall
be restricted to the following for "Buffer" purposes:
i)
weigh scales,
ii)
landfill utility,
iii)
servicing and control structures, facilities and operations
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iv)
equipment and maintenance buildings,
v)
composting recycling and reuse facilities and operations
vi)
household hazardous waste collection facilities,
vii)
monitoring wells and sampling stations,
viii)
screening measures, including berms and planning strips
xi)
other uses accessory to a waste management operation.
(b)
That the permitted uses of the "Agricultural Zone (A)" (subsection 30.1)
shall not apply to the lands identified as Parcel 3 on Schedule
DUN37.110.1 and that the uses permitted on this parcel shall be
restricted to forestry management and other uses which assist in the
conservation of management of natural features in addition to
monitoring wells and sampling stations.
DUN37.111
That on the lands delineated as having reference to this subsection on
Schedule "A10", Figure 2, the following provisions shall apply:
(a)
That in addition to the uses permitted in the "Hazard Land Zone (HL)"
(Subsection HAL36.1), a summer cottage shall be permitted.
(b)
Development of the lands shall be in accordance with the following
provisions:
i)
Minimum Lot Area
465 square metres
ii)
Minimum Lot Frontage
13.25 metres
iii)
Minimum Yard Requirements:
a)
Front Yard
9 metres
b)
Interior Side Yard
3 metres
iv)
Minimum elevation of 177.2 metres above sea level Geodetic
Survey of Canada Datum, for any external openings to a room,
basement or cellar of a dwelling house.
(c)
Notwithstanding subsection 6.22 (c), an unenclosed porch and steps
may project 1.2 metres into the required right interior side yard.
DUN37.112
That on the lands delineated as having reference to this subsection of
Schedule "A6", Figure 1, the following provisions shall apply:
a)
That in addition to the uses permitted in the "Seasonal Residential
Zone (RS)" (Subsection 15.1) a one family dwelling house shall also
be permitted on the lands identified as having reference to this
subsection.
b)
That the Minimum Right Interior Side Yard Requirement of the "RS"
Zone (Subsection 15.2 (c) (iii)) shall not apply to the subject lands and
the Minimum Right Interior Side Yard shall be 0.9 metres on the lands
identified by this subsection.
c)
That, notwithstanding Subsection 6.22 (c), an unenclosed porch and
steps may project 2.0 metres into the required front yard.
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DUN37.113
That on lands delineated as having reference to this subsection on Schedule
'A4-B' the following provisions shall apply:
a)
That notwithstanding the provisions of Section 10.1- Permitted Uses of
the 'Urban Residential Type 3 (R3)' zone, permitted uses shall be
limited to:
i.
One family dwelling house in accordance with the provisions of
the R1 zone;
ii.
Two family dwelling house in accordance with the provisions of
the R2 zone;
iii.
Three family dwelling house; and
iv.
Home occupation.
b)
That on the lands delineated as having reference to this subsection,
development of the lands shall be in accordance with the provisions of
the 'Urban Residential Type 3 Zone (R3)' except subsection 10.2.1(b),
10.2.1(c)(i), and 10.2.1(c)(iii) for which the following shall apply in lieu
thereof:
i)
Lot Frontage
21.44 metres
ii)
Front Yard Setback
0.96 metres
iii)
Interior Side Yard (Right)
0.19 metres
iv)
Interior Side Yard (Left)
1.73 metres
c)
That notwithstanding the provisions of Section 5.5 - Establishment of
Holding Zones, building permits may be issued to facilitate the
alteration or construction of buildings and structures on the subject
lands provided that any building construction, addition or alteration will
not facilitate the development of an additional third dwelling unit.
DUN37.114
That the permitted uses of the "Community Institutional Zone (IC)" shall not
apply to the subject lands identified on Schedule "A4-B" by this subsection and
that the following permitted uses shall be allowed on the subject lands:
a)
Clinic
b)
Existing one family dwelling houses.
DUN37.116 That on the lands delineated as having reference to this subsection the
following shall apply:
a)
That subsection 6.16, Frontage on an Improved Street, shall not apply.
b)
In lieu of the definition of "street line" (subsection 4.95) the westerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
DUN37.117 That on the lands delineated as having reference to this subsection on
Schedule "A10", Figure 1, the following shall apply:
a)
That subsection 6.16, Frontage on an Improved Street, shall not apply.
b)
In lieu of the definition of "front lot line" (subsection 4.95) the southerly
boundary of the adjacent right-of-way shall be deemed to be the front
lot line.
c)
Notwithstanding subsection 5.3, More than One Zone on a Lot, lands
zoned "Agricultural (A) may be used in the calculation of any required
yard.
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d)
Notwithstanding subsection 15.2, Seasonal Residential Zone
Provisions, development of the lands shall take place according to the
following provisions:
i)
Minimum Lot Area
1300 sq. Metres
ii)
Minimum Lot Frontage
2 Metres
iii)
Minimum Yard Requirements:
a)
front yard
9 metres
b)
interior side yard
3 metres
c)
rear yard
20 metres from top of bluff
iv)
Maximum Building Height
11 metres
v)
Minimum Useable Floor Area 65 square metres per dwelling
unit
DUN37.118
That in lieu of the Minimum Lot Frontage requirements of the "Urban
Residential Type 2 Zone (R2)" (subsection 9.2(b)) the Minimum Lot Frontage
shall be 16.76 metres on the lands delineated as having reference to this
subsection. In the case of a lot being subdivided for the purpose of separate
ownership of semi-detached dwelling units, the minimum lot frontage shall be
8 metres for each subdivided lot.
DUN37.119
That on the lands delineated as having reference to this subsection on
Schedule "A10", Figure 2, the following provisions shall apply:
a)
In addition to the uses permitted in the "Seasonal Residential Zone
(RS)" (Subsection 15.1), a one family dwelling house shall also be
permitted.
b)
Subsection 15.2 (b) shall not apply and the Minimum Lot Frontage
requirements shall be 28 metres.
DUN37.120
That on the lands delineated as having reference to this subsection on
Schedule "A10", Figure 2, in addition to the uses permitted in the "Seasonal
Residential Zone (RS)" (subsection 15.1) a one family dwelling house shall
also be permitted.
DUN37.121
That on the lands delineated as having reference to this subsection on
Schedule "A9", Figure 2, the following provisions shall apply:
(a)
Subsection 6.16, Frontage on an Improved Street, shall not apply.
(b)
In lieu of the definition of "street line" (subsection 4.95) the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
(c)
Development of the lands shall take place in accordance with the
provisions of the "Seasonal Residential Zone (RS)", except
subsections 15.2(b) and 15.2(c) (iv) for which the following shall apply,
in lieu thereof:
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i)
Minimum Lot Frontage
25 metres
ii)
Minimum Rear Yard
42 metres
DUN37.122
That on the lands delineated as having reference to this subsection on
Schedule "A4-B" the following provisions shall apply:
a)
That the permitted uses of the "General Commercial Zone (CG)"
(subsection 16.1) shall not apply to the subject lands and that the
following uses shall be permitted:
i)
retail establishment,
ii)
wholesale establishment,
iii)
personal service shop,
iv)
merchandise service shop,
v)
printing and publishing establishment,
vi)
museum,
vii)
art gallery,
viii)
clinic,
ix)
sheet metal, plumbing, heating, electric or woodworking shop
or any similar activity
x)
maximum of five dwelling units in a permitted commercial
building.
b)
That development of the lands shall take place in accordance with the
provisions of the "General Commercial Zone (CG)" except subsections
16.2(a) (i), 16.2(a) (iii) and 16.2(a) (iv) for which the following shall
apply:
i)
Minimum Front Yard
3.0 metres
ii)
Minimum Exterior Side Yard
0.4 metres
iii)
Minimum Rear Yard
7.0 metres
c)
That the off-street parking provisions of subsections 7.1(b) and 7.8 of
Zoning By-law 1-DU 80 of the Town of Dunnville shall not apply to the
subject lands and that a minimum of 3 parking spaces shall be
provided in lieu thereof.
DUN37.123
That on the lands delineated as having reference to this subsection the
following shall apply:
(a)
That in addition to the uses permitted in the "Hazard Land Zone (HL)"
(subsection HAL36.1) a summer cottage shall be permitted on the
lands identified as having reference to this subsection.
06/93 06/94
(b)
That development of the lands shall take place in accordance with the
provisions of the "Seasonal Residential Zone (RS)", except
subsections 15.2(a), 15.2(c)(i), 15.2(c)(iii) and 15.2(e) for which the
following shall apply in lieu thereof:
a)
Minimum Lot Area
575 square metres
b)
Front Yard Setback
0 metres
c)
Interior Side Yard:
Left
0 metres
Right 17 metres
d)
Maximum Useable Floor Area 130 square metres.
e)
Maximum Building Height
4.27 metres.
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DUN37.124
That notwithstanding the lot frontage and interior side yard requirements of
the "Urban Residential Type 1 Zone (R1)" the minimum lot frontage shall be
16.5 metres and the northerly side yard shall be 6 metres.
DUN37.125
That in addition to the uses permitted in the "Light Industrial Zone (ML)"
(Subsection 24.1) a brewery shall also be permitted on the lands delineated
as having reference to this subsection.
DUN37.126
That on the lands delineated as having reference to this subsection, the
following provisions shall apply;
a)
That in addition to the use permitted in the "Urban Residential Type 3
Zone (R3)" (Subsection 10.1) a five family dwelling house shall also be
permitted.
b)
That development of the lands shall take place in accordance with the
provisions of the "Urban Residential Type 3 Zone (R3)" except
subsections 10.2.2(b),
10.2.2 (c) (i) and 10.2.2 (c) (iii) for which the following shall apply in lieu
thereof;
i)
Minimum Lot Frontage
20 metres
ii)
Minimum Front Yard
2 metres
iii)
Minimum Interior Side Yard 1.5 metres
c)
Notwithstanding Subsection 7.2.3 (c), Location of Parking on a Lot,
parking shall be permitted within the required exterior side yard for a
distance of 18 metres north of Centre Lane.
DUN37.127 That, notwithstanding Subsection 30.2(c) (iii) the left interior side yard
requirements shall be 4.4 metres on the lands delineated as having references
to this subsection.
DUN37.128
That on the lands delineated as having reference to this subsection on
Schedule "A4-B", the following provisions shall apply:
a)
That in addition to the uses permitted in the "Hazard Land Zone (HL)"
(subsection HAL36.1), a restaurant shall be permitted.
b)
That, for the purpose of this By-law, the adjacent lane, immediately
south of the lands, shall be deemed to be a "street" for the purpose of
gaining access to the rear yard for parking purposes.
c)
That development of the lands shall be in accordance with the following
provisions:
i)
Minimum Lot Area
510 metres
ii)
Minimum Lot Frontage
16 metres
iii)
Minimum Yard Requirements
a)
Front Yard
4.80 metres
b)
Right Interior Sideyard
0.40 metres
c)
Exterior Sideyard
0.95 metres
d)
Rear Yard
3.5 metres
iv)
Maximum Lot Coverage
80 per cent
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v)
Maximum Building Height
11 metres
vi)
Minimum Services - every use shall be connected a public
water system and a public sanitary sewer system
d)
That the off-street parking provisions of subsections 7.8 of Zoning By-
law 1-DU-80 of the Town of Dunnville shall not apply to the subject
lands and that a minimum of 9 spaces shall be provided.
DUN37.129
That on lands delineated as having reference to this subsection the following
provisions shall apply:
a)
That the permitted uses of the Rural Industrial Zone (MR) (subsection
26.1) shall not apply to the subject lands and the following uses shall
be permitted on the lands identified by this subsection on said
Schedule "A1":
i)
fertilizer dealership
ii)
farm machinery and equipment supply and repair shop
iii)
public utility yard
iv)
animal hospital
v)
custom workshop
vi)
vehicle sales and rental establishment and may include open
storage accessory thereto
vii)
any use permitted in the A zone in accordance with the
provisions of that Zone
viii)
open storage accessory to any permitted use
b)
That development of the lands shall be in accordance with the
provisions of the Rural Industrial Zone (MR) except subsections
26.2(c)(i) (front yard), 26.2(c)(iii) (interior side yard), 26.2(c)(iv) (rear
yard), for which the following shall apply in lieu thereof:
i)
Minimum front yard - 14 metres
ii)
Minimum interior sideyard (left) - 1.5 metres
iii)
Minimum rear yard - 1.5 metres
DUN37.130
That on the lands delineated as having reference to this subsection on
Schedule "A4-B" the following provisions shall apply:
a)
That in addition to the uses permitted in the "Rural Industrial Zone
(MR)" (subsection 26.1) a greenhouse shall also be permitted from
April through October inclusive in the same calendar year.
b)
That notwithstanding the minimum front yard requirement of the "Rural
Industrial Zone (MR)" (subsection 26.2 (c)(i)) the minimum front yard
shall be 3 metres for the purpose of erecting a greenhouse.
DUN37.131
That notwithstanding the rear yard setback requirement (subsection 8.2(iv)) of
the "Urban Residential Type 1 Zone (R1)" the minimum rear yard shall be 6.8
metres on the lands delineated as having reference to this subsection.
DUN37.132
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
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(a)
That in addition to the uses permitted in the "General Commercial Zone
(CG)" (subsection 16.1) a five family dwelling house shall also be
permitted.
(b)
That the following provisions shall apply in lieu of the provisions of
subsection 16.2:
16.2 Zone Provisions
a)
Minimum Yard Requirements
i)
front yard
3 metres
ii)
exterior side yard
6 metres
iii)
interior side yard
3 metres
iv)
rear yard
8 metres
b)
Maximum Lot Coverage
80 percent
c)
Maximum Building Height
11 metres
d)
Maximum Useable Floor Area 40 sq metres per
apartment dwelling unit
(c)
Notwithstanding subsection 7.2.3(c) (Location of Parking on a Lot) one
parking space shall be permitted within the required exterior side yard.
(d)
Notwithstanding subsections 7.3 (Visitor Parking Spaces) and 7.8(c)
(Number of Parking Spaces) a minimum of two parking spaces shall
be provided.
(e)
That subsection 6.6 (Location of Habitable Rooms) shall not apply.
DUN37.133
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
Notwithstanding the uses permitted in the "Hazard Land Zone (HL)"
(subsection HAL36.1) a summer cottage shall also be permitted.
(b)
Notwithstanding the provisions of the "Hazard Land Zone (HL)"
(subsection HAL36.2) and "Seasonal Residential Zone (RS)"
(subsection 15.2) development of the lands shall be in accordance with
the following:
i)
Minimum Lot Area
760 sq metres
ii)
Minimum Lot Frontage
12 metres
iii)
Minimum Yard Requirements:
a)
interior side yard (left) 2.2 metres
b)
interior side yard (right) 0.6 metres
c)
front yard
9 metres
d)
rear yard
9 metres
iv)
Maximum Building Height
11 metres
v)
Minimum Useable Floor Area 65 sq metres
vi)
Minimum Elevation of 176.2 metres above sea level, Geodetic Survey
of Canada Datum, for any external openings to a room, basement or
cellar of a dwelling house.
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DUN37.134
That in addition to the uses permitted in the "Light Industrial Zone (ML)"
(subsection 24.1) a restaurant shall also be permitted on the lands delineated
as the subject lands.
DUN37.135
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
That in addition to the permitted uses of the "General Commercial
Zone (CG)" (subsection 16.1) a brewery and facilities and offices for
engineering, surveying and any other similar activity shall also be
permitted.
(b)
That in addition to the Zone Provisions of "General Commercial (CG)"
(subsection 16.2) no building or structure or part thereof shall be
erected or enlarged nearer than 10 metres, measured horizontally
outwards, from the creek's top of bank.
DUN37.136
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That the development of Parcel "A" of the lands delineated by this
subsection shall be in accordance with the provisions of the "R4" Zone
except for subsection 11.2.2(c) (iii) for which the following shall apply
in lieu thereof:
i)
Minimum Interior Side Yard Right 3 metres, Left 9.2 metres
b)
That the permitted uses of the "Hazard Land Zone (HL)" (subsection
HAL36.1) shall not apply and no buildings shall be located on the
Parcel "B" of the lands delineated by this subsection.
DUN37.137
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
Development of the lands shall be in accordance with the provisions of
the "R3" Zone except subsections 10.2.2 (b), 10.2.2 (c) (i) and 10.2.2
(c) (iii) for which the following shall apply in lieu thereof:
i)
Minimum lot frontage
21 metres
ii)
Minimum front yard
1.7 metres
iii)
Minimum interior side yard
Right 1.2 metres Left 5
metres
(b)
Notwithstanding subsection 6.8 (c) no building or structure which is
accessory to the permitted residential use shall occupy more than 15
percent of the lot area.
DUN37.138
Repealed by By-law 961-HC/16.
DUN37.139
That on the lands delineated as having reference to this subsection, the
minimum front yard requirement of the "Agricultural Zone (A)" (subsection 30.2
(c) (i)) shall not apply and the minimum front yard shall be 35.5 metres in lieu
thereof.
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DUN37.140
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a)
In addition to the uses permitted in the "Hazard Land Zone (HL)"
(subsection HAL36.1), a one family dwelling house, home occupation,
and a processing, manufacturing and light assembly plant not requiring
municipal treatment of either water or sewage shall also be permitted.
(b)
The zone provisions of the "Hazard Land Zone (HL)" (subsection
HAL36.2) shall not apply and the following shall apply in lieu thereof:
i)
Minimum Lot Area
1,550 square metres
ii)
Minimum Lot Frontage
30 metres
iii)
Minimum Yard Requirements
a)
Interior Side Yard
6 metres
b)
Front Yard
11 metres
c)
Rear Yard
13 metres
iv)
Maximum Building Height
11 metres
v)
Minimum Usable Floor Area
70 square metres
(c)
Notwithstanding subsection DUN37.140(b), any existing yard shall be
deemed to conform to this by-law.
(d)
Notwithstanding subsection DUN37.140(c), no building or structures
shall be erected except in accordance with the zone provisions of
subsection DUN37.140(b).
DUN37.141
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
(a)
In addition to the uses permitted in the "Hazard Land Zone (HL)"
(subsection HAL36.1), a one family dwelling house and home
occupation shall also be permitted.
(b)
The zone provisions of the "Hazard Land Zone (HL)" (subsection
HAL36.2) shall not apply and the following shall apply in lieu thereof:
i)
Minimum Lot Area
1,550 square metres
ii)
Minimum Lot Frontage
30 metres
iii)
Minimum Yard Requirements
a)
Interior Side Yard
6 metres
b)
Front Yard
11 metres
c)
Rear Yard
13 metres
iv)
Maximum Building Height
11 metres
v)
Minimum Usable Floor Area
70 square metres
(c)
Notwithstanding subsection DUN37.141(b), any existing yard shall be
deemed to conform to this by-law.
(d)
Notwithstanding subsection DUN37.141(c), no building or structure
shall be erected accept in accordance with the zone provisions of
subsection DUN37.141(b).
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DUN37.142
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
(a)
In addition to the permitted uses of the "Seasonal Residential Zone
(RS)" (subsection 15.1) a one family dwelling house shall also be
permitted on lands identified as Parcel "1" and more accurately shown
on Schedule DUN37.142.1.
(b)
Nor withstanding the permitted uses of the "RS Zone" no buildings or
structures may be permitted on lands identified as Parcel "2" and more
accurately shown on Schedule DUN37.142.1.
DUN37.143
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be permitted.
DUN37.144
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be permitted.
DUN37.145
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be permitted.
DUN37.146
That in addition to the uses permitted in the Seasonal Residential Zone
(subsection 15.1) a one family dwelling house shall also be permitted.
DUN37.147
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
(a) In addition to the permitted uses of the "Agricultural Zone (A)" (subsection
30.1), the sale of agriculturally related products, including: fertilizers;
potting soil; peat moss and pesticides, shall be permitted as a secondary
use to a farm produce outlet.
(b)
Any sale of agriculturally related products shall:
i)
be confined within a building; and
ii)
not occupy more than 30 square metres of floor area,
measured from the inside face of exterior walls.
(c)
Open storage of agriculturally related products shall be prohibited.
(d)
For the purpose of this provision, farm produce shall not be considered
to be an
agriculturally related product.
(e)
Notwithstanding the minimum front yard requirement [subsection
30.2(c) (i)], the
minimum front yard shall be 28 metres for the purpose of any new
construction.
DUN37.148
That in addition to the uses permitted in the "Agricultural Zone"
(subsection 30.1), the service, sale and display of recreational vehicles
shall also be permitted.
(a)
That notwithstanding the provisions of Section 5.5 - Establishment of
Holding Zones, building permits may be issued to facilitate the
construction of buildings and structures for uses permitted in the
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'Agricultural (A)' zone provided that any building construction, addition
or alteration will not facilitate the development of the service, sale or
display of recreational vehicle operation. The development of a
service, sales and display of recreational vehicle operation cannot take
place until a formal site plan approval is granted by the County and the
holding provision is removed.
(b)
That notwithstanding any other provisions in this by-law, the permitted
uses of Section 30 - Agricultural Zone (A) shall be exempted from site
plan control and the Provisions of Section 41 of the Planning Act.
DUN37.150
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
(a)
The permitted uses of the "General Industrial Zone (MG)"
(subsection 23.1) shall not apply to the subject lands and the
following uses shall apply in lieu thereof:
i)
processing, manufacturing and light assembly plant
provided there is not a high requirement of municipal
treatment in either strength or quantity of waste, sewage or
municipal water
ii)
fertilizer dealership
iii)
fuel storage depot for home and farm sales
iv)
truck terminal
v)
railway terminal and yards
vi)
research and development facilities
vii)
industrial supply establishment
viii)
retail sales related to an industry on the same lot
ix)
industrial offices
x)
merchandise service shop
xi)
lumber yard and building supply establishment
xii)
custom workshop
xiii)
printing and publishing establishment
xiv)
dry cleaning establishment
xv)
automobile service station
xvi)
vehicle sales and rental establishment
xvii)
farm implement sales and service establishment
xviii)
industrial garage
xix)
warehouse
xx)
wholesale establishment
xxi)
facilities and offices for engineering, surveying and any
similar activity
xxii)
dairy
xxiii)
bakery
xxiv)
contractor's yard
xxv)
public utility yard
xxvi)
fire hall
xxvii) police station
xxviii) ambulance service
xxix)
animal hospital
xxx)
open storage accessory to any use permitted
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xxxi)
That development of the lands shall take place in
accordance with the provisions of the "General Industrial
Zone (MG)" (subsection 23.2) except subsections 23.2
(c)(ii) and 23.2 (f) for which the following shall apply in lieu
thereof:
i)
minimum exterior side yard - 14 metres
ii)
open storage - open storage shall be prohibited in
the required front yard and required exterior side
yard and shall be screened within 14 metres of any
property line.
DUN37.151
That in addition to the Permitted Uses of the "Seasonal Residential Zone
(RS)" (subsection 15.1) a one family dwelling house shall also be permitted
on the lands identified as having reference to this subsection.
DUN37.153
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a) In addition to the permitted uses of the "Agricultural Zone (A)" (subsection
30.1), the sale of fish and tackle accessories shall also be permitted.
b) In addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1) and notwithstanding any provision to the contrary,
the sale of fish and tackle accessories shall be permitted in accordance
with the following provisions:
i)
the sale of fish and tackle accessories shall be permitted only from
within the
existing accessory building;
ii)
no building or structure shall be altered or erected for the sale of
fish and tackle accessories within the limits of the "Hazard Land
Zone (HL)".
c) Any sale of fish and tackle accessories shall:
i)
be confined entirely within a building;
ii)
not occupy more than 30 square metres of floor area, measured
from the inside face of exterior walls.
d) Open storage of fish and tackle accessories shall be prohibited.
DUN37.154
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
(a)
That development of the lands shall take place in accordance with the
provisions of the "General Commercial Zone (CG)" (subsection 16.2)
except subsections 16.2(a) (i) and 16.2(b) for which the following shall
apply in lieu thereof:
i) Front Yard Setback
0 metres
ii) Maximum Lot Coverage
100 percent
(b)
That the provisions of subsection 7.8 (Number of Parking Spaces)
shall not apply.
DUN37.155
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
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(a)
In addition to the permitted uses of the "Agricultural Zone (A)"
(subsection 30.1) the following uses shall also be permitted:
(i)
farm implement sales and service establishment and may
include open storage accessory thereto.
(ii)
truck sales and service establishment and may include open
storage accessory thereto, as a secondary use to a farm
implement sales and service establishment.
(b)
The minimum front yard setback requirement (subsection 30.2(c) (i))
shall not apply and for the purposes of new construction the minimum
setback shall be 28 metres in lieu thereof.
DUN37.156
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In lieu of the permitted uses of the "Agricultural Zone (A)" (subsection
30.1) only conservation and resource management uses shall be
permitted.
b)
Notwithstanding any provision to the contrary, no building or structure
shall be permitted to be erected or altered.
DUN37.157
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Development shall take place in accordance with the provisions of the
"Agricultural Zone (A)" (subsection 30.2) except subsection 30.2(b)
and 30.2(c) for which the following shall apply in lieu thereof:
i) minimum lot frontage
24 metres
ii) minimum interior side yard setback
right
11 metres
left
1.65 metres.
DUN37.158
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
Notwithstanding the provisions of the "Urban Residential Type 6 Zone"
(subsection 13.2) development of the lands shall take place in
accordance with the following provisions:
i)
Front Yard
5.0 metres
ii)
Interior Side Yard
Left
0.3 metres
Right
2.5 metres
iii)
Rear Yard
2.5 metres
iv)
Maximum Number of Dwelling units 50
v)
Maximum Building Height
6 storeys
vi)
Minimum Usable Floor Area
40 square metres per
square unit
vii)
Minimum Services - every apartment dwelling house shall be
connected to a public water system and a public sanitary sewer
system.
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b)
Notwithstanding subsection 4.52.2, Rear Lot Line shall mean the lot
line farthest from and opposite the front lot line.
c)
Notwithstanding subsection DUN37.158 a) i) of this By-law, a canopy
and awning may project into the required front yard setback a distance
of 4.5 metres.
d)
Notwithstanding subsection 7.1 (b), Individual Parking Spaces, each
parking space shall have a minimum width of 2.75 metres and a
minimum length of 5.5 metres.
e)
Notwithstanding subsection 7.2.3 (c), Location of Parking on a Lot,
visitor parking spaces shall be permitted in the required front yard
setback.
f)
Notwithstanding subsection 7.3, Visitor Parking Spaces, visitor parking
spaces shall be provided in the ratio of 1 space for every 3 dwelling
units or part thereof.
g)
Notwithstanding subsection 7.8 (c), Number of Parking Spaces, 1
parking space shall be provided and maintained for each apartment
dwelling house.
DUN37.159
That, notwithstanding subsection 26.2(c) (iii) of the "Rural Industrial
Zone (MR)", the minimum right interior side yard shall be 15 metres on
the lands delineated as having reference to this subsection.
DUN37.160 a)
That, notwithstanding subsection 16.2(a) (iv) of the "General
Commercial Zone (CG)", the minimum rear yard shall be 0.3 metres in
lieu thereof.
b)
That the provisions of subsection 7.8 (Number of Parking Spaces)
shall not apply and a minimum of 13 (thirteen) parking spaces shall be
provided in lieu thereof.
DUN37.161
That in addition to the permitted uses in the "Light Industrial Zone (ML)"
(subsection
24.1) a restaurant shall also be permitted on the lands delineated as
having reference to this subsection.
DUN37.162
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That subsection 6.16 (Frontage on an Improved Street) shall not apply.
b)
In lieu of the definition of "Street Line" (subsection 4.95) the easterly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
c)
That development of the lands shall be in accordance with the
provisions of the" Seasonal Residential Zone (RS)" (subsections 15.2)
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except subsections 15.2(b), 15.2(c) (iii) and 15.2 (e) for which the
following shall apply in lieu thereof:
i)
Minimum Lot Frontage
20 metres
ii)
Minimum Interior Side Yard
a)
Right
20 metres
b)
Left
1.5 metres147
DUN37.163
Notwithstanding subsection 5.3 (More Than One Zone on a Lot), any
portion of the lands zoned Hazard Land may be used in the calculation
of the required Agricultural Zone provisions (subsection 30.2) on the
lands delineated as having reference to this subsection.
DUN37.164
That on the lands delineated as reference to this subsection, the
following provisions shall apply:
a)
That in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (Subsection 15.1) a family dwelling house shall also be
permitted.
b)
That development of the lands shall take place in accordance with the
provisions of the "Seasonal Residential Zone" except subsections 15.2
(a) and 15.2(b) for which the following shall apply in lieu thereof:
i)
Minimum Lot Area
1175 square metres
ii)
Minimum Lot Frontage
16 metres
DUN37.165
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That the permitted uses of the "Rural Institutional Zone (IR)"
(subsection 33.1) shall not apply to the subject lands and a place of
worship shall be the only permitted use in lieu thereof.
b)
That the provisions of the "Rural Institutional Zone (IR)" subsection
33.2) shall not apply to the development of the subject lands and the
following shall apply in lieu thereof:
i)
Minimum Lot Area
235 square metres
ii)
Minimum Lot Frontage
6 metres
iii)
Minimum Yard Requirements
a)
Interior Side Yard
1.2 metres
b)
Exterior Side Yard
1.2 metres
c)
Front Yard
0 metres
d)
Rear Yard
8.2 metres
iv)
Maximum Building Height
11 metres
v)
Maximum Usable Floor Area 90 square metres
DUN37.166
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That development of the lands shall be in accordance with the
provisions of the "Special Industrial Zone (MS)" (subsection 29.2)
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except subsections 29.2 (a) and 29.2(b) for which the following shall
apply in lieu thereof:
a)
Minimum Lot Area
1.25 hectares
b)
Minimum Lot Frontage
60 metres
b)
That, notwithstanding subsection 29.2(c), any existing buildings or
structures existing shall be deemed to conform to this By-law provided
that any building or structure hereafter erected shall conform to the
provisions of subsection 29.2(c).
DUN37.167
That in addition to the permitted uses of the "Hamlet Residential Zone
(RH)" (subsection 14.1); a four-family dwelling house shall also be
permitted on the lands delineated as having reference to this
subsection.
DUN37.168
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (Subsection 15.1) a one family dwelling house and a home
occupation shall also be permitted.
b)
That development of the lands shall be in accordance with the
provisions of the "Seasonal Residential Zone (RS)" (subsections 15.2)
except subsections 15.2(a) and 15.2(b) for which the following shall
apply in lieu thereof:
i)
Minimum Lot Area
1700 square metres
ii)
Minimum Lot Frontage
25 metres.
DUN37.169
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That in addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1) a one family dwelling house shall also be
permitted.
b)
Subsection 6.16 (Frontage on an Improved Street) shall not apply.
c)
In lieu of the definition of "street line" (subsection 4.95), the westerly
boundary of the adjacent right-of-way shall be the street line.
d)
Development of the lands shall be in accordance with the following
provisions in lieu of Section HAL36.2(Hazard Land Zone Provisions)
of Zoning By-law 1-DU 80:
i)
Minimum Lot Area
2800 square metres
ii)
Minimum Lot Frontage
30 metres
iii)
Minimum Yard Requirements
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a)
interior side yard (left)
13 metres
b)
interior side yard (right)
13 metres
c)
front yard
11 metres
d)
rear yard
7 metres
iv)
Maximum Building Height
11 metres
v)
Minimum Usable Floor Area 70 square metres
vi)
Maximum Usable Floor Area 130 square metres
vii)
Minimum Elevation for any 176.8 metres above sea level,
external openings to a Dwelling Geodetic Survey of Canada
Datum House.
DUN37.170
That on the lands delineated as Parts 1 and 2 on Map B attached to
and forming part of this by-law, the following provisions shall apply:
a)
In lieu of the definition of 'townhouse' (section 4.27.5); shall mean a
dwelling house comprising 2 to 5 dwelling units with each dwelling unit
being divided one from the other by an above grade vertical common
wall a minimum of 10 square metres in area, and with each dwelling
unit having direct access to a yard.
b)
Notwithstanding subsection 11.2.2 (b) "Urban Residential Type 4
(R4)", the minimum lot frontage requirement shall be 12 metres.
DUN37.171
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
(a)
That subsection 6.16 (Frontage on an Improved Street) shall not apply.
(b)
In lieu of the definition of "Street Line" (subsection 4.95) the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
(c)
Notwithstanding subsection 15.2(b) of the "Seasonal Residential Zone
(RS)", the Minimum Lot Frontage requirement shall be 15 metres.
DUN37.172
That, notwithstanding subsection 15.2 (Seasonal Residential Zone
Provisions), development of the lands delineated as having reference
to this subsection shall be in accordance with the following:
a)
Minimum Lot Area
739 square metres
b)
Minimum Lot Frontage
27 metres
c)
Minimum Yard Requirements
i)
Front Yard
2.3 metres
ii)
Interior Side Yard (left)
12.6 metres
iii)
Interior Side Yard (right)
1.3 metres
iv)
Rear Yard
15 metres
d)
Maximum Building Height
6 metres
e)
Maximum Usable Floor Area
100 square metres
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DUN37.173
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
(a)
That notwithstanding subsection 8.2(c) (iv) of the "Urban Residential
Type 1 Zone (R1)", the minimum rear yard shall be 1.95 metres in lieu
thereof.
(b)
That notwithstanding subsection 8.2 (c)(i) (Front Yard Setback) and
6.8(b) (Accessory Uses to Residential Uses), any existing buildings or
structures shall be deemed to conform to this By-law provided that any
building or structure hereafter erected shall conform to the provisions
of subsection 8.2(c)(i) and 6.8(b).
DUN37.174
That development of the lands delineated as having reference to this
subsection shall be in accordance with the following:
(a)
That in addition to the permitted uses of the "Hamlet Residential Zone
(RH)" (subsection 14.1); a take-out restaurant shall also be permitted.
(b)
That in addition to the provisions of the "Hamlet Residential Zone (RH)"
(subsection 14.2); a take-out restaurant shall be limited to a maximum
usable floor area 28 square metres.
(c)
That the provisions of subsection 7.8(r) (Number of Parking Spaces-
Unlicensed Restaurant) shall not apply and a minimum of 5(five)
parking spaces shall be provided for a take-out restaurant in lieu
thereof.
DUN37.175
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That subsections 16.2(a) (i) (Front Yard Setback) and 16.2 (b)
(Maximum Lot Coverage) of the "General Commercial Zone (CG)"
shall not apply.
b)
That the provisions of subsection 7.8 shall not apply to an assembly
hall.
DUN37.176
That in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (subsection 15.1), a one family dwelling house shall also
be permitted on the lands delineated as having reference to this
subsection.
DUN37.177
That, on each of the parcels of land delineated as having reference to
this subsection, the following provisions shall apply:
(a)
Subsection 6.16 (Frontage on an Improved Street) shall not apply.
(b)
In lieu of the definition of "Street Line" (subsection 4.95), the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
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(c)
Notwithstanding subsection 15.2(b) of the "Seasonal Residential Zone
(RS)", the minimum lot frontage requirement shall be 20 metres in lieu
thereof.
(d)
In addition to the zone provisions of the "Seasonal Residential Zone
(RS)" (subsection 15.2), the minimum elevation for openings shall be
179 metres GSC.
(e)
In addition to the zone provisions of the "Seasonal Residential Zone
(RS)" (Subsection 15.2), the maximum ground floor area shall be 115
square metres.
DUN37.178
That, in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (subsection 15.1), a one family dwelling house shall also
be permitted on the lands delineated as having reference to this
subsection.
DUN37.179
That, on the lands delineated as having reference to this subsection,
the following provisions shall apply:
(a)
The minimum lot frontage requirement of the "Agricultural Zone (A)"
(subsection 30.2 (b)) shall not apply to the lands identified as Parcel 1
on the attached Schedule DUN37.179.1 and the minimum lot frontage
shall be 4.5 metres.
(b)
The permitted uses of the "Hazard Land Zone (HL)" (subsection
HAL36.1), shall not apply and no buildings or structures may be
permitted on the lands identified as Parcel 2 on Schedule
DUN37.179.1.
(c)
In addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1), structures accessory to a residential or
agricultural use shall be permitted on lands identified as Parcel 3 on
Schedule DUN37.179.1 provided the lowest finished floor level is
above 179.1 metres (587.6 feet) CGD.
DUN37.180
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In lieu of the permitted uses of the "Highway Commercial Zone (CH)"
(subsection 20.1) only a warehouse accessory to a retail furniture
establishment shall be permitted.
b)
In addition to the zone provisions of the "Highway Commercial Zone
(CH)" (subsection 20.2) the usable floor area for a warehouse shall be
limited to a maximum of 465 square metres.
DUN37.181
That, in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (subsection15.1), a one family dwelling house shall also be
permitted on the lands delineated as having reference to this
subsection.
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DUN37.182
That, not withstanding subsection 16.2(a), any existing buildings or
structures, identified on Schedule DUN37.182.1, shall be deemed to
conform to this By-law provided that any building or structure hereafter
erected shall conform to the provisions of 16.2(a).
DUN37.183
That, notwithstanding the provisions of the "R3" Zone, any existing
buildings or structures located on lands delineated as having reference
to this subsection shall be deemed to conform to this By-law provided
that any building or structure hereafter erected shall conform to the
provisions of the "R3" Zone.
DUN37.184
That, notwithstanding the provisions of the "R3" Zone, any existing
buildings or structures located on land delineated as having reference
to this subsection shall be deemed to conform to this By-law provided
that any building or structure hereafter erected shall conform to the
provisions of the "R3" Zone.
DUN37.185
That, in addition to the permitted uses of the "Seasonal Residential
Zone (RS)" (subsection 15.1), a one family dwelling house shall also
be permitted on the lands delineated as having reference to this
subsection.
DUN37.186
That, on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Subsection 6.16, Frontage on an improved Street, shall not apply.
b)
In lieu of the definition of "Street Line" (subsection 4.95), the boundary
of the adjacent railway right-of-way shall be deemed to be the street
line.
c)
Notwithstanding subsection 5.2, More Than One Zone on a Lot,
development of the lands shall take place in accordance with the
provisions of the "Open Space-Tent and Trailer Zone (OST).
DUN37.187
That the provisions of subsection 30.2(c) (iii) (interior side yard) shall
not apply to one greenhouse service corridor, provided that said
greenhouse service corridor shall not exceed a maximum width of 6
metres.
DUN37.188
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
In addition to the permitted uses of the "Seasonal Residential Zone
(RS)" (subsection 15.1) a one family dwelling house shall also be
permitted.
b)
In lieu of the provisions of subsections 15.2(a) (Minimum Lot Area),
15.2(b) (Minimum Lot Frontage) and 15.2(c) (iii) (Minimum Interior Side
Yard), the following provisions shall apply:
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i)
Minimum Lot Area
1200 square metres
ii)
Minimum Lot Frontage
15 metres
iii)
Minimum Interior Side Yard 1.45 metres on one side and
0.55 metres on the other side
c)
In addition to the zone provisions on the "Seasonal Residential Zone
(RS)" (subsection 15.2), any openings shall be above ground at a
minimum elevation of 180.3 metres CGD.
DUN37.189
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
(a)
In addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1), a summer cottage shall also be permitted.
(b)
In lieu of the provisions of subsections HAL36.2(a) (iii) (Minimum
Interior Side Yard), the minimum interior side yard shall be 6 metres
on one side and 5.5 metres on the other side.
DUN37.190
That the provisions of subsection 6.16 (Frontage on an Improved
Street) shall not apply to the lands identified as having reference to this
subsection.
DUN37.191
That notwithstanding the provisions of subsection 6.15 (Number of
Dwelling Houses Per Lot), a maximum of two one family dwellings shall
be permitted on the lands identified as having reference to this
subsection.
DUN37.192
That in addition to the permitted uses of the "Rural Commercial Zone
(CR)" (subsection 21.1), a truck terminal and service establishment
shall also be permitted on the lands identified as having reference to
this subsection.
DUN37.193
That, on the lands delineated as having reference to this subsection,
the permitted uses of the "Hamlet Residential Zone (RH)" (Subsection
14.1) shall not apply and the uses permitted on this parcel shall be
restricted to an unenclosed deck projecting a distance of not more than
4.3 metres.
DUN37.194A
Repealed by By-law 846-HC/13
DUN37.194B
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the permitted uses of the "Light Industrial Zone (ML)"
(subsection 24.1), permitted uses are as follows:
i) processing, manufacturing and light assembly plant;
ii) research and development facilities;
iii) industrial supply establishment;
iv) industrial offices;
v) merchandise service shop;
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vi) custom workshop;
vii) warehouse;
viii) airport;
ix) flea market;
x) outdoor storage as an accessory use to a permitted use;
b)
Notwithstanding subsection 24.2 (e), maximum lot coverage shall be
20 percent; and
c)
The provisions of subsection 24.2 (d) with respect to maximum building
height shall not apply.
DUN37.195
Repealed by By-law 846-HC/13
DUN37.196
That, on lands delineated as having reference to this subsection, the
following provisions shall apply:
a) The provisions of the Urban Residential Type 3 Zone (subsection 10.2)
shall not apply and the following shall apply in lieu thereof:
a. Minimum Lot Area - 940 square metres. In the case of a lot with
such minimum area being subdivided for the purpose of separate
ownership of dwelling units the minimum lot area shall be 230
square metres for each subdivided lot.
b. Minimum Lot Frontage - 30 metres. In the case of a lot with such
minimum frontage being subdivided for the purpose of separate
ownership of dwelling units the minimum lot frontage shall be 7.8
metres for each subdivided lot.
c. Minimum Yard Requirements
i) front yard
6 metres
ii) exterior side yard
6 metres
iii) interior side yard
3 metres; except where a lot
is subdivided
for the purpose of separate
ownership of dwelling units no
interior side yard need be
provided along the common side
lot line between the lots created
by the subdivision.
iv) rear yard
7.3 metres
d. Maximum Building Height - 11 metres
e. Minimum Useable Floor Area - 65 square metres per dwelling unit
f. Minimum Services - every dwelling unit shall be connected to a
public water system and a public sanitary sewer system.
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b) Notwithstanding subsection 6.13 (Boundary Fences in Residential
Zones), the maximum height of a boundary fence shall be 2.3
metres.
c) Notwithstanding subsection 6.22 (c) (Exemptions from Yard
Provisions), unenclosed decks, privacy walls and privacy fences may
project a maximum of 4.3 metres into the required rear yard.
DUN37.197
That, on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
The minimum rear yard setback of the "Urban Residential Type 2 Zone
(R2)" (Subsection 9.2 (c) (iv)) shall not apply and the minimum rear
yard setback shall be 7.3 metres in lieu thereof.
b)
Notwithstanding subsection 6.13 (Boundary Fences in Residential
Zones), the maximum height of a boundary fence shall be 2.3 metres.
c)
Notwithstanding subsection 6.22 (c) (Exemptions from Yard
Provisions), unenclosed decks, privacy walls and privacy fences may
project a maximum of 4.3 metres into the required rear yard.
DUN37.198
That, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Subsection 4.52.1 (Front Lot Line) shall not apply and the westerly lot
line abutting George Street shall be defined as the front lot line in lieu
thereof.
b) The minimum lot frontage requirement of the "Urban Residential
Type 4 Zone (R4)" (subsection 11.2.2(b)) shall not apply and the
minimum lot frontage shall be 7.8 metres in lieu thereof.
c) The minimum interior side yard setback requirement of the "Urban
Residential Type 4 Zone (R4)" (subsection 11.2.2(c)(iii)) shall not apply
and the minimum interior side yard shall be 6.0 metres in lieu thereof.
d) Notwithstanding subsection 6.13 (Boundary Fences in Residential
Zones), the maximum height of a boundary fence shall be 2.3 metres.
e) Notwithstanding subsection 6.22 (c) (Exemptions from Yard
Provisions), unenclosed decks, privacy walls and privacy fences may
project a maximum of 4.3 metres into the required rear yard.
f) In addition to the permitted uses of the "Urban Residential Type 4 Zone
(R4)" (subsection 11.1), a private club accessory to a group townhouse
development may be permitted.
DUN37.199(A) Repealed by By-law 504-HC/07
DUN37.199(B)
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
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a)
In addition to the permitted uses of the "Hazard Land Zone
(HL)" (subsection HAL36.1) a one family dwelling house shall
also be permitted.
b)
Development of the lands shall be in accordance with the
following provisions in lieu of Section HAL36.2 (Hazard Land
Zone Provisions) of Zoning By-law 1-DU 80:
i)
Minimum Lot Area
610 square metres
ii)
Minimum Lot Frontage
21 metres
iii)
Minimum Yard Requirements
a)
exterior side yard
3 metres
b)
interior side yard (right)
1.2 metres
c)
front yard
6 metres
d)
rear yard
9 metres
iv)
Maximum Building Height
11 metres
v)
Maximum Usable Floor Area 130 square metres
vi)
Minimum Elevation for Any 177.1
metres
above
seas
level,
Dwelling
House
Geodetic
External
Openings to a Survey of Canada Datum.
DUN37.200
That, on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In addition to the permitted uses of the "Hazard Land Zone"
(subsection HAL36.1), a summer cottage shall also be permitted.
b)
In addition to the zone provisions of the "Hazard Land Zone"
(subsection HAL36.2), the maximum usable floor area for a summer
cottage shall be 125 square metres.
c)
Subsection 6.16 (Frontage on an Improved Street) shall not apply.
d)
In lieu of the definition of "Street Line" (subsection 4.95), the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
DUN37.201
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
In addition to the permitted uses of the "Seasonal Residential Zone
(RS)" (Subsection 15.1) a one family dwelling house shall also be
permitted.
b)
The provisions of subsection 5.3 (More than one zone on a lot) shall
not apply.
DUN37.202
That, in addition to the permitted uses of the "Light Industrial Zone
(ML)" (subsection 24.1), a training and rehabilitation centre shall also
be permitted on the lands identified as having reference to this
subsection.
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DUN37.203
That on the land identified as having reference to this subsection, the
following provisions shall apply:
a)
In addition to the permitted uses of the "Rural Industrial Zone (MR)"
(subsection 26.1), the following uses shall also be permitted:
i)
contractor's yard, as defined herein:
"Contractor's Yard" shall mean a yard of any building trade or
other contractor used as a depot for the storage and
maintenance of equipment used by the contractor, such as
excavating equipment and septic service equipment. Also
includes the stockpiling or storage of materials and supplies
used by the contractor;
ii)
sale of pipes, fittings and culverts as an accessory use to a
contractor's yard;
iii)
industrial garage;
iv)
municipal recyclable processing area, as defined herein:
"Municipal Recyclable Processing Area: shall mean an area
used for the separating, baling and compacting of recyclables
under a municipal collection program.
DUN37.204
That on the land identified as having reference to this subsection, the
following provisions shall apply:
a)
In addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1) a summer cottage shall be permitted in
accordance with the following:
Minimum Interior Side Yard
1.2 metres
Maximum Building Height
11 metres
Minimum Usable Floor Area
65 square metres
b)
Subsection 6.16 (Frontage on an Improved Street) shall not apply to a
summer cottage within the limits of the "Hazard Land Zone (HL).
DUN37.205
That, notwithstanding the provisions of subsection 6.15 (Number of
Dwelling Houses per Lot) and subsection 4.27 ("Dwelling House"), and
in addition to the permitted uses of the "Agricultural Zone (A)"
(subsection 30.1), on the lands identified as having reference to this
subsection a maximum of two one family dwelling houses shall be
permitted, of which one dwelling house may be a mobile home.
DUN37.206
That, in addition to the permitted uses of the "Rural Commercial Zone
(CR)" (subsection 21.1); an industrial garage shall also be permitted
on the lands identified as having reference to this subsection.
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DUN37.207
That, in addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1); a parking lot shall also be permitted on the
lands identified as having reference to this subsection.
DUN37.208
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
In lieu of the permitted uses of the "Urban Residential Type 4 Zone
(R4)" (subsection 11.1), uses of the subject lands shall be limited to:
i)
a maximum of fifty (50) one family dwelling houses
ii)
a place of recreation and private club located on the same lot
as a one family dwelling house
b)
In lieu of subsection 11.2 (Zone Provisions) development of the lands
shall be in accordance with the following:
i)
Minimum Lot Area
43,000 square metres
ii)
Minimum Lot Frontage
250 metres
iii)
Minimum Yard Requirements
a)
front yard
6 metres
b)
interior side yard
6 metres
c)
rear yard
15 metres
iv)
Maximum Building Height
11 metres
v)
Minimum Usable Floor Area 70 square metres per dwelling
unit
vi)
Minimum Elevation for Any 176.5 metres above sea level,
Geodetic External Openings to a survey of Canada Datum
Dwelling House
vii)
Minimum Services every dwelling unit shall be connected
to a public water system and a public sanitary sewer system.
c)
Notwithstanding subsection 6.8 (Accessory Uses to Residential Uses)
and subsection 6.21 (Building Separation From Railways) any building
or structure which is accessory to a permitted use may be located
within any yard but not less than 1.0 metre to any lot line.
DUN37.209
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Subsection 6.16, Frontage on an Improved Street, shall not apply.
b)
In lieu of the definition of "FRONT LOT LINE" (subsection 4.52.1), the
northerly boundary of the said subject lands shall be deemed to be the
front lot line.
DUN37.210
That notwithstanding the permitted uses of the 'Rural Commercial Zone (CR)'
(Subsection 21.1), the permitted uses on the lands identified as having
reference to this subsection shall be limited to the following:
i)
farm implement sales and service establishment and may include open
storage accessory thereto;
ii)
farm.
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DUN37.211
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In addition to the permitted uses of the "Hazard Land Zone (HL)"
(subsection HAL36.1) a one family dwelling house shall also be
permitted.
b)
In lieu of subsection HAL36.2 (Zone Provisions) development of the
lands shall be in accordance with the following:
i)
Minimum Lot Area
348 square metres
ii)
Minimum Lot Frontage
8.5 metres
iii)
Minimum Yard Requirements
a)
left interior side yard 0.2 metres
b)
right interior side yard 2.5 metres
c)
front yard
4.7 metres
d)
rear yard
11.5 metres
iv)
Maximum Building Height
11 metres
v)
Maximum Usable Floor Area 173 square metres
vi)
Minimum Elevation for Any
178.75 metres above
External Openings to a sea level, C.G.D.
Dwelling House
DUN37.212
a)
Notwithstanding the permitted uses of the "Service Commercial
Zone (CS)" (subsection 17.1), permitted uses are limited to the
following:
i)
vehicle sales and rental establishment and may include open
storage accessory thereto, subject to the following provisions:
a)
In lieu of subsection 17.2 (c) (interior side yard), the
following provisions shall apply:
Minimum Left Interior Side Yard
3 metres
Minimum Right Interior Side Yard
0.1 metres
ii)
any use permitted in the "Urban Residential Type 2 Zone (R2)"
is permitted on the same lot as a vehicle sales establishment,
in accordance with the following provisions:
a)
Minimum Lot Area
1000 square metres
b)
Minimum Lot Frontage
20 metres
06/00 04/01
12/99 06/00
c)
Minimum Yard Requirements:
Front Yard
5 .5 metres
Left Interior Side Yard
3 metres
Right Interior Side Yard
1.2 metres
Rear Yard
9 metres
d)
Maximum Building Height
11 metres
DUN37.213
That, in addition to the permitted uses of the "General Commercial Zone
(CG)" (subsection 16.1), a custom workshop shall also be permitted on
the lands identified as having reference to this subsection.
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DUN37.214
That, on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In lieu of the permitted uses of the "Seasonal Residential Zone (RS)",
permitted uses shall be limited to a summer cottage.
b)
Subsection 6.16 (Frontage on an Improved Street) shall not apply.
c)
In lieu of the definition of "Street Line" (subsection 4.95), the southerly
boundary of the 20 foot wide right-of-way traversing the subject lands
shall be deemed to be the street line.
d)
In lieu of the provision of the "Seasonal Residential Zone (RS)" for
Minimum Rear Yard (subsection 15.2(c)(iv)), the following provision
shall apply:
i)
Minimum Rear Yard
40 metres
DUN37.215
That, on lands delineated as having reference to this subsection, the
following provisions shall apply:
a) In addition to the permitted uses of the "Seasonal Residential Zone (RS)
(subsection 15.1), a one family dwelling house shall also be permitted.
b) In lieu of the zone Provisions of the "Seasonal Residential Zone (RS)"
(subsection 15.2), the following provisions shall apply:
i)
Minimum Lot Area
1855 square metres
ii)
Minimum Lot Frontage
20 metres
iii)
Minimum Yard Requirements:
a)
front yard
4.5 metres
b)
right interior yard
3
metres,
except
where a private
garage is attached to the
dwelling house in which
case
the
minimum
interior
side
yard
adjacent to the attached
private garage shall be
1.2 metres
c)
left interior side yard
40 metres
d)
all other interior side yards
3 metres
e)
rear yard
2.5 metres
f)
maximum building height
11 metres
g)
minimum usable floor area 65 square metres per
dwelling unit
DUN37.216
(a)
That in addition to the permitted uses of the "Hamlet Residential
Zone (RH)"(subsection 14.1), the following uses shall also be
permitted:
(i)
outdoor growing of plants for commercial purposes;
(ii)
commercial greenhouse
(b)
The outdoor growing of plants for commercial purposes and a
commercial greenhouse shall be subject to the following provisions:
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DUN37.217
That in lieu of subsection 26.2 (c) (Minimum Yard Requirements), the
following provisions shall apply:
(i)
front yard
1 metre
(ii)
exterior side yard
1 metre
(iii)
interior side yard
1 metre
(iv)
rear yard
1 metre
DUN37.218
a)
That,
notwithstanding
the
permitted
uses
of
the
"General
Commercial Zone (CG)" (subsection 16.1), the permitted uses on
the lands identified as having reference to this subsection shall be
limited to the following:
(i)
One supermarket, as defined in this by-law, and which is not
represented in the central business district of the Town of
Dunnville. If the requirement for an unrepresented
supermarket is declared by a Court of competent jurisdiction to
be void or ultra vires for any reason, the remaining provisions
of this by-law shall nevertheless remain valid and binding and
shall be read as if the offending section or subsection has been
struck out and, furthermore, the Owner shall be required to
submit a new market impact study, satisfactory to the Region
of Haldimand-Norfolk and the Town of Dunnville.
For the purposes of this by-law "supermarket" shall mean a
building possessing a minimum gross leasable floor area of
2787 metres squared, in which the main use is the retail sale
of a balanced line of goods such as canned, bottled, packaged
and frozen foods, fresh meat and poultry, fish, fresh fruits and
vegetables, prepared food products, bakery products, dairy
products, candy and confectionary and other food products. In
addition, newspapers, magazines, paper products, soft drinks,
tobacco products, health and beauty aids, housewares, flowers
and plants and other non-food items may be sold. Services
may also be offered for sale provided that they are subordinate
to the main use.
(i)
Maximum area of that portion of
lands
used
for
commercial
growing of plants, including or
excluding
a
commercial
greenhouse
2500 square metres
(ii)
Maximum
floor
area
of
commercial green house
50 square metres
(iii)
Maximum height of commercial
greenhouse
4.5 metres
(iv)
No retail sales of plants are
permitted.
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(ii)
One tires/batteries/accessories retail store, such as but not
limited to Canadian Tire, possessing a minimum floor area of
no less than 2320 metres squared of gross leasable floor area.
b)
The permitted uses of the subject lands shall not be interpreted to
include a department store or retail warehouse, such as but not limited
to Wal-Mart, Zellers, Costco, Home Depot or Business Depot.
c)
Any building or structure shall have its lowest opening above 176.9
metres above sea level, Geodetic Survey of Canada Datum.
DUN37.219
a)
That in addition to the permitted uses of the "Neighbourhood
Institutional Zone (IN)" (subsection 32.1), the following use
shall also be permitted:
(i)
Training and Rehabilitation Centre, as defined herein:
"Training and Rehabilitation Centre" shall mean an area of
land, building or part of a building where facilities are provided
and operated by social or public agencies for the rehabilitation
and training of physically or developmentally handicapped
persons, but may not include living quarters for the
accommodation of such persons.
b)
In lieu of subsection 32.2(c)(i) (minimum Front Yard) and subsection
32.2(c)(iii) (Interior Side Yard), the following provisions shall apply:
(i)
Minimum Front Yard
4.4 metres
(ii)
Minimum Right Interior Side Yard
2 metres
(iii)
Minimum Left Interior Side Yard
3 metres
c)
In lieu of subsection 6.22(c) (Projection of Structures into Required
Yard) an unenclosed porch may project into the required front yard a
distance of not more than 4.4. metres.
DUN37.220
a)
That in addition to the permitted uses of the "Urban Residential
Type 2 Zone (R2)" (subsection 9.1), a "Group Home" shall also be
permitted.
b)
Notwithstanding subsection 4.40 ("GROUP HOME"), a "Group Home"
shall mean a dwelling house that is licensed or funded under an Act of
Parliament or Canada or the Province of Ontario for the
accommodation of up to 4 persons, exclusive of staff, living under
supervision in a single housekeeping unit and who, by reason of their
emotional, mental, social or physical condition, require a group living
environment for their well-being.
DUN37.221
That on the lands delineated by this subsection, the following provisions
shall apply:
a)
The provisions of subsection 6.16 (Frontage on an Improved Street)
shall not apply;
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b)
Notwithstanding the provisions of subsection 23.2(b) (Minimum Lot
Frontage) the following shall apply in lieu thereof:
Minimum Lot Frontage - 0 metres;
c)
In addition to the provisions of subsection 23.1 (Permitted Uses) the
following uses shall also be permitted:
i.
marine craft salvage yard;
ii.
dry dock facilities, boat repair shop and other marine trades;
iii.
boathouse.
DUN37.222
That on the lands delineated by this subsection, the following
provisions shall apply:
a)
In lieu of the definition of "Front Lot Line" (subsection 4.52.1.9(b)), the
dividing line between the subject lands and Tamarac Street shall be
deemed to be the front lot line.
DUN37.223
That on the lands delineated by this subsection, the following
provisions shall apply:
1)
In addition to the permitted uses of the "Seasonal Residential Zone
(RS)" a one family dwelling house shall also be permitted
2)
In lieu of subsection 15.2(c)(iv) (Minimum Rear Yard) the minimum rear
yard shall be 47.5 metres
3)
In lieu of subsection 4.52.2 (Rear Lot Line) the rear lot line shall be the
"Water's Edge November 3, 2000" as identified on Schedule
DUN37.223.1, being Surveyors Real Property Report prepared by
Rasch & Chambers Ltd., dated November 24, 2000.
DUN37.224a
That on the lands delineated by this subsection, the following
provisions shall apply in lieu of subsection 5.3 (More than One Zone
on a Lot):
1)
Where a portion of a lot is zoned "Open Space Tent and Trailer Zone
(OST)", said portion may be used in the calculation of any required
yard and lot frontage.
DUN37.224b
That on the lands delineated by this subsection, the following
provisions shall apply:
1)
Notwithstanding the permitted uses of the "Urban Residential Type 3
Zone (R3)" (Subsection 10.1), permitted uses shall be limited to the
following:
a)
one family dwelling house in accordance with the provisions of
the R1 Zone
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b)
two family dwelling house in accordance with the provisions of
the R2 Zone
c)
three family dwelling house in accordance with the following
provisions:
(i)
minimum lot area
800 square metres
(ii)
minimum lot frontage
20 metres
(iii)
minimum yard requirements:
front yard
6 metres
exterior side yard
3.3 metres
interior side yard
4.5 metres
rear yard
13 metres
(iv)
maximum building height
11 metres
d)
Notwithstanding the provisions of subsection 6.8(c), no building
or structure, which is accessory to a permitted three family
dwelling house shall occupy more than 18% of the lot area,
exclusive of any lot area occupied by a swimming pool.
DUN37.225
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That the maximum building height provisions of the R1 zone
subsection 8.2(d), shall not apply to the lands identified as having
reference to this subsection and more accurately shown as Part 1on
Schedule DUN37.225 and the following shall apply in lieu thereof:
Maximum Building Height:
1 storey with roof ridges which generally
have
an
east-west
orientation
approximately parallel to Ramsey Drive.
b)
That a minimum setback of 37 metres from the edge of the railway
right-of-way shall apply to the construction of dwellings on the lands
identified as having reference to this subsection and more accurately
shown as Part 2 on Schedule DUN37.225.
And further, notwithstanding Section 6.8(b) of By-Law 1-DU 80,
Accessory Uses to Residential Uses, for the lands shown as Part 2 on
Schedule DUN37.225, accessory structures such as unenclosed
decks, garages and sheds are permitted within the minimum yard of
37 metres in compliance with the setback requirements for accessory
structures to residential uses in By-Law 1-DU 80.
c)
That a minimum setback of 37 metres from the edge of the railway
right-of-way and a minimum rear yard of 7.5 metres shall apply to the
lands identified as having reference to this subsection and more
accurately shown as Part 3 on Schedule DUN37.225.
d)
That the minimum rear yard provision of the R1 zone (subsection
8.2(c)(iv)), shall not apply to the lands identified as having reference to
this subsection and more accurately shown as Part 4 on Schedule
DUN37.225 and the following shall apply in lieu thereof:
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Minimum Rear Yard:
7.5 metres
e)
That for the sole purpose of calculating lot frontage, lot frontage shall
be determined using the definition of lot frontage (subsection 4.51) with
a front yard setback of 9 metres for all lands identified as the subject
lands on Schedule DUN37.225.
DUN37.226
That the following provisions shall apply to the land delineated by
this subsection:
a)
The permitted uses of the "Agricultural Zone (A)" (Subsection 30.1)
shall not apply and that a summer cottage shall be permitted;
b)
The provisions of Subsection 6.16 (Frontage on an Improved Street)
shall not apply;
c)
In lieu of the definition of "STREET LINE" (subsection 4.95), the
northerly boundary of the adjacent right-of-way shall be deemed to be
the street line.
DUN37.228
Development of the lands delineated by this subsection shall occur in
accordance with the provisions of the "Agricultural Zone (A)", subject
to the following:
a)
In addition to the provisions of Subsection 6.8.1(a) (Accessory Uses to
Residential Uses), a maximum of one (1) residential accessory
building is permitted to have a maximum building height of 10.6 metres;
b)
Notwithstanding the provisions of Subsection 30.1 (Permitted Uses),
the keeping of livestock is not permitted;
c)
That Schedule DUN37.228.1 be added to Section DUN37.
DUN37.229
That in addition to the permitted uses of the "Urban Residential - Type
3 (R3)" zone (Subsection 10.1) an assembly hall with a maximum floor
area of 92 square metres may also be permitted within the existing
dwelling.
DUN37.230
That the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That subsection 6.16 (Frontage on an Improved Street) shall not
apply;
b)
In lieu of the definition of "STREET LINE" (Subsection 4.95) the south-
easterly boundary of the adjacent right-of-way shall be deemed to be
the street line;
c)
Notwithstanding Subsection 15.2(b) of the "Seasonal Residential (RS)"
zone, the Minimum Lot Frontage requirement shall be 20 metres;
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d)
no buildings or structures shall be erected within the 100 year erosion
limit as identified by the Niagara Peninsula Conservation Authority.
DUN37.231
That the following provisions shall apply on the lands delineated by
this subsection:
a)
For the purposes of this section of DUN37.231, the following special
provisions shall apply to Parcels '1' and '2', shown on Map B, inclusive
of one another and prior to subdivision:
i)
the minimum lot area shall be 611.25 square metres;
ii)
the minimum lot frontage shall be 16.71 metres;
iii)
the minimum exterior side yard shall be 4.26 metres;
iv)
the minimum rear yard shall be 6.7 metres;
v)
an unenclosed porch may project 1.52 metres into the front
yard;
vi)
an unenclosed porch may project 1.52 metres into the exterior
side yard.
b)
For the purposes of this section of DUN37.231, the following special
provisions shall apply to Parcels '1' and '2', shown on Map B, exclusive
on one another and subdivided for the purpose of separate ownership:
Parcel 1
i)
the minimum exterior side yard shall be 4.26 metres;
ii)
the minimum rear yard shall be 0 metres;
iii)
an unenclosed porch may project 1.52 metres into the front
yard.
Parcel 2
i)
the minimum front yard shall be 5.18 metres;
ii)
the minimum rear yard shall be 3.93 metres;
iii)
an unenclosed porch may project 1.52 metres into the front
yard.
DUN37.232
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That notwithstanding the provisions of Subsection 31.1, Community
Institutional (IC) Zone - Permitted Uses, the uses permitted shall be
limited to the following:
i)
Hospital
ii)
Clinic
iii)
Nursing Home
iv)
Retirement Home
v)
Apartment dwelling house
vi)
Uses accessory thereto
b)
That in lieu of Section 31.2 (c)(iii) of the Community Institutional (IC)
zone, the minimum interior side yard setback (left) shall be 0 metres
for the portion of the interior side yard which intersects and is
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perpendicular to Lock Street West, commencing at a point 47 metres
north of the front property line and extending a distance of 27.5 metres
to the north of that point.
c)
That in lieu of Section 31.2 (c)(i) of the Community Institutional (IC)
zone, the minimum front yard setback for a parking lot canopy shall
be 6.2 metres.
d)
That for the purposes of this By-law, 'retirement home' shall be defined
as follows:
"A complex for seniors which offers some personal care assistance to
residents as well as a comprehensive services package including but
not limited to meals, housekeeping, activities, transportation and
security."
e)
That in lieu of Section 7 - Off-Street Parking, the minimum number of
off-street parking spaces shall be 90.
DUN37.233
That the following provisions shall apply on the lands delineated by
this subsection:
a)
In lieu of subsection 11.2.2 (c)(iv), minimum yard requirements for
Group Townhouses, Two, Three and Four Family Dwelling Houses,
the minimum rear yard setback shall be 6.7 metres.
b)
In lieu of subsection 6.22 (d), Exemptions from Yard Provisions,
unenclosed patios and decks above the finished grade of the lot may
project a maximum of 2.5 metres into a required yard.
c)
A maximum of 35 dwelling units only shall be permitted on the subject
lands. (This subsection added by OMB order)
DUN37.234
That the following provisions shall apply on the lands delineated by
this subsection:
a)
Subsection 6.16, Frontage on an Improved Street, shall not apply.
DUN37.235
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That Subsection 6.16 (Frontage on an Improved Street) shall not
apply.
b)
In lieu of the definition of 'Street Line' (Subsection 4.95) the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
c)
Notwithstanding Subsection 15.2 (b) of the 'Seasonal Residential Zone
(RS)', the minimum lot frontage shall be 11.97 metres (39.27 feet).
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d)
No buildings or structure shall be erected within the revised 100 year
erosion limit, herein identified by the Niagara Peninsula Conservation
Authority as being located 34 metres inland from the toe of the bank of
Lake Erie, unless adequate shoreline protection is established prior to
construction.
DUN37.236
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
In lieu of the provisions of Subsection 6.8.1 (a), Accessory Uses to
Residential Uses, a maximum of one (1) residential accessory building
is permitted to have a maximum building height of 7.92 metres (26
feet).
DUN37.237
That on lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That in addition to the permitted uses of Subsections DUN37.42 and
DUN37.194-B, a tent and trailer park shall also be permitted.
b)
That for the purposes of this By-law a maximum of 50 tent and trailer
lots shall be permitted, the use of which shall be limited to individuals
of groups directly associated with the use of the skydiving operation
located on the subject lands on the date of this By-law.
c)
That should the skydiving operation cease to exist as an operational
business, 'tent and trailer park' shall be discontinued as a permitted
use.
d)
That Subsection 6.16 (Frontage on an Improved Street) shall not
apply.
DUN37.238
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
In lieu of the permitted uses of the 'General Commercial (CG)' zone,
the subject lands shall only be used for the retail sale of pet products,
garden products, agricultural products and the processing and
warehousing of feed.
DUN37.239
Appealed to OMB
DUN37.240
i)
That the minimum lot area for Parcel 1 on Schedule
DUN37.240 shall be 0.59 hectares, after subdivision has
taken place.
ii)
That the minimum lot area for Parcel 2 on Schedule
DUN37.240 shall be 0.59 hectares, after subdivision has taken
place.
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iii)
That the minimum lot area for Parcel 3 on Schedule
DUN37.240 shall be 1.19 hectares, after subdivision has taken
place.
DUN37.241
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
Parcel 1 on Schedule DUN37.241.1.
b)
In lieu of Subsection 30.2 (d) (ii), Minimum Yard Requirements, an
exterior side yard setback of 12 metres is permitted for the existing
dwelling unit located on Parcel 2 on Schedule DUN37.241.1.266
DUN37.242
This section not used, application refused.
DUN37.243
That the provisions of Subsection 9.2 (c) (iv) Minimum rear yard shall
not apply to the lands identified as having reference to this subsection,
and the following shall apply in lieu thereof:
a)
Minimum rear yard: 6.7 metres
DUN37.244
That the provisions of Subsection 9.2 (c) (iv) Minimum rear yard shall
not apply to the lands identified as having reference to this subsection,
and the following shall apply in lieu thereof:
a)
Minimum rear yard: 4.9 metres
DUN37.245
That the provisions of subsection 8.2 (a) Minimum Lot Area shall not
apply to the lands identified as having reference to this subsection, and
the following shall apply in lieu thereof:
a)
Minimum lot area
366 square metres
b)
Minimum lot frontage
11.6 metres
c)
Minimum useable floor area 65 square metres.
DUN37.246
i)
That notwithstanding the permitted uses of the 'Community
Institutional (IC)' zone, subsection 31.1, uses shall be limited to
the following and shall only be permitted within the existing
dwelling structure, with the exception of a parking lot:
a)
clinic
b)
health care offices
c)
retirement home
d)
uses accessory thereto.
ii)
That for the purposes of this By-Law, a 'retirement home' shall
be defined as follows:
"A complex for seniors which offers some personal care
assistance to residents as well as a comprehensive services
package including but not limited to meals, housekeeping,
activities, transportation and security."
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iii)
That for the purposes of this By-law, 'health care offices'
shall be defined as follows:
"A building or part of a building used in administrating, directing,
managing or conducting the affairs of the hospital and various
health care-related agencies, groups and foundations."
iv)
That any parking lot which is to be operated in conjunction with
the hospital campus shall be located within the rear yard of the
subject lands and shall be subordinate to another use on those
lands.
DUN37.247
i)
That notwithstanding the permitted uses of the 'Community
Institutional (IC)' zone, subsection 31.1, uses shall be limited to the
following and shall only be permitted in the existing dwelling structure:
a)
clinic
b)
health care offices
c)
uses accessory thereto.
ii)
That for the purposes of this By-law, 'health care offices' shall be
defined as follows:
"A building or part of a building used in administrating, directing,
managing or conducting the affairs of the hospital and various health
care-related agencies, groups and foundations."
DUN37.248
i)
That in addition to the permitted uses in Subsection 31.1 of the
'Community Institutional (IC)' zone, a boarding or lodging house is also
permitted.
ii)
That a maximum of ten (10) guest rooms will be permitted.
iii)
That Subsection 6.16, Frontage on an Improved Street, shall not apply.
DUN37.250
i)
That notwithstanding the permitted uses in the 'Community
Institutional (IC)' zone, subsection 31.1, uses shall be limited to a
nursing home, health care offices and uses accessory to a nursing
home.
ii)
That for the purposes of this By-law, 'health care offices' shall be
defined as follows:
"A building or part of a building used in administrating, directing,
managing or conducting the affairs of the hospital and various
health care-related agencies, groups and foundations."
iii)
That in lieu of Section 7, the minimum number of off-street parking
spaces shall be 22.
iv)
That in lieu of Section 31.2 (c)(iii), the minimum interior side yard (right)
shall be 0 metres for the portion of the interior side yard which
intersects and is perpendicular to Lock Street West, commencing at a
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point 7.5 metres north of the front property line and extending a
distance of 14.5 metres to the north of that point.
DUN37.251
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That in lieu of Section 31.2 (c)(iii) of the 'Community Institutional (IC)'
zone, the minimum interior side yard (right) shall be 0 metres for the
portion of the interior side yard which intersects and is perpendicular
to Lock Street West, commencing at a point 45 metres north of the
front property line and extending a distance of 29.5 metres to the north
of that point.
b)
That in lieu of Section 31.2 (c)(iii) of the 'Community Institutional (IC)'
zone, the minimum interior side yard (right) shall be 0 metres for the
portion of the interior side yard which intersects and is perpendicular
to Lock Street West, commencing at a point 7.5 metres north of the
front property line and extending a distance of 14.5 metres to the north
of that point.
c)
That in lieu of Section 31.2 (c)(iv) of the 'Community Institutional (IC)'
zone, the minimum rear yard setback shall be 6.4 metres.
d)
That notwithstanding the provisions of Subsection 31.1, 'Community
Institutional (IC)' zone - Permitted Uses, health care offices shall also
be permitted.
e)
That for the purposes of this By-law, 'health care offices' shall be
defined as follows:
"A building or part of a building used in administrating, directing,
managing or conducting the affairs of the hospital and various health
care-related agencies, groups and foundations."
f)
That in lieu of Section 7 - Off-Street Parking, the minimum number of
off-street parking spaces shall be 62.
DUN37.252
That on lands delineated as having reference to this subsection the
following provision shall apply:
a)
The keeping of livestock shall be prohibited in the existing livestock
facility located on the subject lands on the date of the passing of this
by-law.
DUN37.253
i)
That in lieu of Section 9.2 (a), the minimum lot area for an interior lot
shall be 588 square metres.
ii)
That in lieu of Section 9.2 (a), the minimum lot area for a corner lot
shall be 597 square metres.
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iii)
That in lieu of Section 9.2 (a), the minimum lot area for a subdivided
lot shall be 294 square metres.
iv)
That in lieu of Section 9.2 (c)(ii), the minimum exterior side yard shall
be 2 metres.
v)
That in lieu of Section 9.2 (c)(iii), the minimum interior side yard shall
be 1.2 metres.
vi)
That in lieu of Section 9.2 (c)(iv), the minimum rear yard setback shall
be 6 metres.
DUN37.254
The following provisions shall apply to the lands identified as Part 1 on
Schedule DUN37.254:
i)
That in lieu of Section 9.2 (a), the minimum lot area for an interior lot
shall be 528 square metres.
ii)
That in lieu of Section 9.2 (a), the minimum lot area for a corner lot
shall be 638 square metres.
iii)
That in lieu of Section 9.2 (a), the minimum lot area for a subdivided
lot shall be 264 square metres.
iv)
That in lieu of Section 9.2 (c)(i), the minimum front yard setback shall
be 4 metres for the dwelling and 6 metres for the attached garage.
v)
That in lieu of Section 9.2 (c)(ii), the minimum exterior side yard shall
be 5 metres.
vi)
That in lieu of Section 9.2 (c)(iii), the minimum interior side yard shall
be 1.2 metres.
vii)
That in lieu of Section 9.2 (c)(iv), the minimum rear yard setback shall
be 6 metres.
PART 2 REPEALED AND REPLACED BY DUN37.313
DUN37.255
i)
That in addition to the permitted uses in Subsection 15.1 of the
'Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
DUN37.256
i)
That in addition to the permitted uses in Subsection 24.1 of the 'Light
Industrial (ML)' zone, a movie rental establishment is also permitted.
ii)
That in lieu of Subsection 24.2(c)(ii), 'Zone Requirements' of the 'ML'
zone, the minimum exterior side yard setback shall be 3 metres.
iii)
That for the purpose of this By-law, the lot line parallel to and abutting
Broad Street East shall be deemed to be the front property line.
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DUN37.257
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That Subsection 6.16 (Frontage on an Improved Street) shall not
apply.
DUN37.258
This section not used, application refused.
DUN37.259
That on lands delineated as having reference to this subsection the
following provision shall apply:
a)
The keeping of livestock shall be prohibited in the existing livestock
facility located on the subject lands on the date of the passing of this
by-law.
DUN37.260
The following provisions shall apply to the lands identified as Part 1 on
Map 'B':
a)
That in lieu of Subsection 14.2 (a) of the 'Hamlet Residential (RH)'
zone, the minimum lot area shall be 1,500 m2.
b)
That Subsection 6.16 (Frontage on an Improved Street) shall not
apply.
DUN37.261
That on lands delineated as having reference to this subsection the
following provision shall apply:
a)
The keeping of livestock shall be prohibited in the existing livestock
facility located on the subject lands on the date of the passing of this
by-law.
DUN37.262
i)
That in addition to the permitted uses in Subsection 15.1 of the
'Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
DUN37.263
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
That in lieu of Section 31.2 (c)(i), Community Institutional (IC) Zone
Provisions - Minimum Yard Requirements, the minimum front yard
setback shall be 5.29 metres;
ii)
That in lieu of Section 31.2 (c)(iii), Community Institutional (IC) Zone
Provisions - Minimum Yard Requirements, the minimum interior side
yard setback shall be 0.02 metres;
iii)
That in lieu of Section 31.2 (d), Community Institutional (IC) Zone
Provisions, the maximum building height shall be 24 metres;
iv)
That in lieu of Section 6.10 (a), Accessory Uses to Non-Residential
Uses, the minimum interior side yard setback for an accessory
structure shall be 1.38 metres;
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v)
That in lieu of Section 6.22 (c), Exemptions From Yard Provisions,
steps may encroach a maximum of 5.29 metres into the front yard
setback; and
vi)
That in lieu of Section 7.8 (k), Number of Parking Spaces - Non-
Residential, the minimum number of parking spaces required shall be
15.
DUN37.264
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
That Subsection 6.16 (Frontage on an Improved Street) shall not
apply.
ii)
In lieu of the definition of 'Street Line' in Subsection 4.95, the southerly
boundary of the adjacent right-of-way shall be deemed to be the street
line.
iii)
That in addition to the permitted uses in Subsection 15.2 (b) of the
'Seasonal Residential (RS)' zone, the minimum lot frontage shall be
11.97 metres.
DUN37.265
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
That notwithstanding the provisions of Subsection 26.1, Rural
Industrial (MR) Zone - Permitted Uses, the uses permitted shall be
limited to grain bins.
ii)
That notwithstanding the provision of Subsection 26.2 (d), Rural
Industrial (MR) Zone- Zone Provisions, the maximum building height
shall be 17 metres.
DUN37.266
i)
That in addition to the permitted uses in Subsection 26.1 of the Rural
Industrial (MR) zone, a take-out restaurant is also permitted;
ii)
That in lieu of Subsection 26.2 (c)(i), Rural Industrial (MR) Zone - Zone
Provisions, the minimum front yard setback shall be 9 metres;
iii)
That in lieu of Subsection 26.2 (c)(iii), Rural Industrial (MR) Zone -
Zone Provisions, the minimum interior side yard (right) setback shall
be 0 metres;
iv)
That the reductions to the Zone Provisions shall apply to only the take-
out restaurant existing on the date of passage of this by-law.
DUN37.267
i)
That in addition to the permitted uses in Subsection 15.1 of the
'Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
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DUN37.268
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
That in lieu of Section 9.2 (b) of the 'Urban Residential Type 2 (R2)'
zone, the minimum lot frontage shall be 19.59 metres.
ii)
That in lieu of Section 9.2 (c)(iii) of the 'Urban Residential Type 2 (R2)'
zone, the minimum interior side yard setback shall be 1.2 metres.
iii)
That in lieu of Section 9.2 (c)(iv) of the 'Urban Residential Type 2 (R2)'
zone, the minimum rear yard setback shall be 8 metres.
DUN37.269
The following provisions shall apply to the lands identified on Schedule
DUN37.269:
i)
That in lieu of Section 11.2.1 (c)(iii) of the 'Urban Residential Type 4
(R4)' zone, the minimum interior side yard setback shall be 1.52
metres.
DUN37.270
The following provisions shall apply to the lands identified as Part 1 on
Schedule DUN37.270:
i)
That in lieu of Subsection 14 (b) of the 'Hamlet Residential (RH)' zone,
the minimum lot frontage shall be 28 metres.
ii)
That in lieu of Subsection 14 (c)(i) of the 'Hamlet Residential (RH)'
zone, the exterior side yard setback shall be 3.46 metres for the
dwelling existing on the date of passing of this by-law.
The following provisions shall apply to the lands identified as Part 2 on
Schedule DUN37.270:
i)
That all development be set back a minimum of 15 metres from the
edge of the watercourse traversing the east portion of the subject
lands.
ii)
That the 15 metres development setback shall remain undisturbed as
a naturalized buffer and that any changes to the naturalized state shall
be approved by the Niagara Peninsula Conservation Authority.
DUN37.271
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
The keeping of livestock shall be prohibited on the subject lands.
b)
That in lieu of Subsection 6.8.1 (a) 'Accessory Uses to Residential
Uses', the maximum building height shall be 9.75 metres for the former
livestock facility existing on the date of passage of this by-law.
DUN37.272
That on lands delineated as having reference to this subsection the
following provision shall apply:
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a)
The keeping of livestock shall be prohibited in the existing livestock
facility located on the subject lands on the date of the passing of this
by-law.
DUN37.273
That on lands delineated as having reference to this subsection the
following provision shall apply:
a)
That in lieu of Subsection 6.15 'Number of Dwelling Houses Per Lot',
a maximum of two (2) dwelling houses shall be permitted.
DUN37.275
The following provisions shall apply to the lands identified as Parts 2
and 3 on Schedule DUN37.275:
a)
That in lieu of Section 29.2 (a) of the 'Special Industrial' zone, the
minimum lot area shall be 1.2 hectares.
b)
That in lieu of Section 29.2 (b) of the 'Special Industrial' zone, the
minimum lot frontage shall be 38 metres.
c)
That in lieu of 29.2 (e) of the 'Special Industrial' zone, the minimum
setback between the existing abattoir and the dwelling to the
immediate north existing on the date of passage of this by-law, shall
be 55 square metres.
d)
That the maximum useable floor area of an abattoir shall be 440 m2.
DUN37.276
i)
That in addition to the permitted uses in Subsection 9.1 of the 'Urban
Residential Type 2 (R2)' zone, a medical clinic for a single general
practitioner is also permitted.
ii)
That in lieu of Section 8.2 (c)(iii) of the 'Urban Residential Type 1 (R1)'
zone, the minimum interior side yard (right) setback shall be 1.06
metres.
DUN37.277
The following provisions shall apply to the lands identified as Parts 1
and 2 on Map 'B':
a)
That in addition to the permitted uses in Subsection 15.1 of the
'Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
b)
That in lieu of Subsection 15.2(c)(i) Zone Provisions of the 'Seasonal
Residential (RS)' zone, the front yard setback shall be 5.1 metres for
the dwelling existing on the date of passing of this by-law.
DUN37.278
i)
That in addition to the permitted uses in Subsection 15.1 of the
'Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
DUN37.279
The following provision shall apply to the lands identified as Part 2 on
Schedule DUN37.279:
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a)
That in lieu of Section 30.2(b) - General Zone Provisions of the
'Agricultural (A)' zone, the minimum lot frontage shall be 20 metres.
DUN37.280
That notwithstanding the provisions of Section 30.1 - Permitted Uses
of the 'Agricultural (A)' zone, a one family dwelling house is not
permitted.
DUN37.282
A) Permitted Uses:
On the lands having reference to this subsection, the following uses
shall be permitted:
i)
One General Merchandise Store;
ii)
Retail Establishments;
iii)
Service Commercial Uses permitted in Subsection 17.1
(Service Commercial Zone);
iv)
Personal Service Shop;
v)
Bank
B) General Regulations:
In addition to the applicable regulations contained in Section 6
(General Provisions), the following regulations shall also apply to lands
having reference to this subsection:
i)
The maximum Gross Commercial Floor Space (GCFS) of all
buildings, structures and uses shall be 11,612.5 sq. m.;
ii)
The maximum GCFS of the General Merchandise Store shall
be 8,361 sq. m.;
iii)
The maximum GCFS dedicated to the sale and display of food
items in the General Merchandise Store shall be 745 sq. m.;
iv)
In the buildings not containing the General Merchandise Store:
a)
The maximum GCFS dedicated to the sale of
Department Store Type Merchandise (DSTM) shall be
1,858 sq. m.;
b)
The following uses shall be prohibited:
i. Pharmacy;
ii. Supermarket;
iii. Hardware store;
iv. Florist shop;
v. Jewellery store;
vi. Office and stationary supplies store
C) Phase 1 Development Regulations:
i)
A maximum of one (1) building with a maximum GCFS of 8,361
sq. m. for a General Merchandise Store shall be permitted in
Phase 1; and,
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ii)
A maximum of two (2) buildings with a maximum aggregate
GCFS of 1,858 sq. m for all other permitted uses (other than a
General Merchandise Store) shall be permitted in Phase 1.
D) Phase 2 Development Regulations:
i)
A maximum of one (1) building with a maximum GCFS of
1,393.5 sq. m. shall be permitted in Phase 2, and
ii)
No business shall be permitted to open to the public in Phase
2 prior to April 1, 2009.
E) Elevations:
All building openings and first floor areas are to be situated above the
Regional Storm elevation of 176.42 m. CGM.
F) Definitions:
On the lands having reference to this subsection, the following
Definitions shall apply:
i)
A "General Merchandise Store" shall mean an establishment
engaged in a wide range of merchandising, which may include,
but not be limited to Department Store Type Merchandise, food
store merchandise, restaurant, travel office, eye/vision centre,
garden supplies, pharmacy, public garage including automotive
service, repair and sale of automotive parts, photographic
studio, and film processing.
ii)
"Gross Commercial Floor Space" or "GCFS" means the gross
floor area of any buildings measured from the exterior face of
the outside walls and excluding ancillary outdoor display areas
and ancillary seasonal exterior garden center(s). An ancillary
outdoor display area and/or ancillary seasonal exterior garden
center shall not be contained within the building or roofed
except for a weather protective canopy for the ancillary
seasonal exterior garden center and shall not displace required
parking, loading, laneways or driveways.
DUN37.284
a) That in lieu of Section 9.2(a) - Zone Provisions of the 'Urban
Residential Type 2 (R2)' zone, the minimum lot area shall be 490
square metres.
b) That in lieu of Section 9.2(b) - Zone Provisions of the 'Urban
Residential Type 2 (R2)' zone, the minimum lot frontage shall be 15.7
metres.
c) That in lieu of Section 9.2(c) (i) - Zone Provisions of the 'Urban
Residential Type 2 (R2)' zone, the minimum front yard setback shall
be 1.36 metres.
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d) That in lieu of Section 9.2(c) (ii) - Zone Provisions of the 'Urban
Residential Type 2 (R2)' zone, the minimum exterior side yard setback
0.83 metres.
e) That in lieu of Section 7.2.3(a) - Off-Street Parking, a maximum of
4 parking spaces may be permitted in the rear yard.
f) That a maximum driveway width of 6 metres is permitted.
DUN37.285
The following provisions shall apply to the lands identified as Part 1 on
Map 'B' and Schedule DUN37.285:
a)
That in lieu of Section 6.8.1(a) - Accessory Uses to Residential Uses,
the maximum permitted height for an accessory building shall be 8.3
metres.
The following provisions shall apply to the lands identified as Part 2 on
Map 'B' and Schedule DUN37.285:
a)
That the keeping of livestock shall be prohibited in the livestock facility
existing on the date of passage of this by-law.
b)
That in lieu of Subsection 30.2(c) (iii) - Zone Provisions of the
'Agricultural (A)' zone, the minimum interior side yard setback shall be
3.2 metres for the storage shed existing on the date of passing of this
by-law.
c)
That in lieu of Subsection 30.2(c)(iii) - Zone Provisions of the
'Agricultural (A)' zone, the minimum interior side yard setback shall be
5.4 metres for the corn crib existing on the date of passing of this by-
law.
DUN37.286
a) That in addition to the uses permitted in the 'Agricultural (A)' zone,
a wind farm is also permitted on the subject lands;
DUN37.287
DUN37.288
DUN37.289
b) That for the purposes of this by-law a 'wind farm' shall mean a
DUN37.290
development of a maximum of one (1) or more wind turbines, together
DUN37.295
with any related appurtenances, intended to provide electricity off-site
for sale to an electrical utility, or other intermediaries;
c) That for the purposes of this by-law a 'wind turbine' shall mean a
structure including tower, nacelle, blades and related appurtenances,
designed, erected and maintained under the appropriate qualified
supervision, and used for the conversion of wind energy into electricity
for sale to an electrical utility or other intermediaries. Installation of a
wind turbine shall be limited to a turbine that is 121 metres in height
and 8.2 metres in width, or something of the same or lesser height and
width. The height of the wind turbine shall be measured from the
highest point of the tower, to the lowest grade elevation at the base of
the tower;
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d) The location envelope for the wind turbine is conceptual in nature
and will be finalized at the site plan stage without the need for further
amendment to this by-law. If the final location for the base of the turbine
results in a final location which is outside the location envelope or
which contravenes any other setback requirement established in this
by-law, then the turbine will not be constructed;
e) That in lieu of Section 30.2(c) - General Zone Provisions of the
'Agricultural (A)' zone, the minimum front yard, exterior side yard,
interior side yard and rear yard setbacks for a wind turbine shall be 1.0
times the total length of the rotor blade, plus 10.0 metres, but shall not
be less than 30 metres;
f) That the minimum setback of a wind turbine from any registered
access easement or right-of-way shall be 1.0 times the total length of
the rotor blade, plus 10.0 metres, but shall not be less than 30 metres;
g) That the minimum setback of a wind turbine from an on-site
residential use shall be 1.25 times the height of the wind turbine or 250
metres, whichever is greater;
h) That the minimum setback of a wind turbine from an existing off-site
residential dwelling or existing institutional building shall be the
distance from the residential dwelling or institutional building to the
perimeter of the location envelope or 300 metres, whichever is greater;
i)
That the minimum setback of a wind turbine from all residential and
institutional zones shall be the distance from the closest part of the
residential or institutional zone to the perimeter of the location
envelope or 300 metres, whichever is greater;
j)
That the use of the lot for wind turbine structures, accessory buildings
and structures, road access, storage areas and any area removed
from agricultural production shall not exceed 5% of the lot area;
k)
The maximum height for a turbine shall be 121 metres as measured
from the base of the tower to the tip of the blade;
l)
An obsolete, unsafe and/or non-functioning wind turbine must be
removed from the subject lands within six (6) months of the cessation
of operations; and
m)
The minimum lot size for a wind farm shall be 5 hectares.
DUN37.291
a) That in addition to the uses permitted in the 'Agricultural (A)' zone, a wind
DUN37.292
farm is also permitted on the subject lands;
DUN37.293
DUN37.294
b) That for the purposes of this by-law a 'wind farm' shall mean a
DUN37.299
development of one (1) or more wind turbines, together
with any related appurtenances, intended to provide electricity off-site
for sale to an electrical utility, or other intermediaries;
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c) That for the purposes of this by-law a 'wind turbine' shall mean a
structure including tower, nacelle, blades and related appurtenances,
designed, erected and maintained under the appropriate qualified
supervision, and used for the conversion of wind energy into electricity
for sale to a electrical utility or other intermediaries. Installation of a
wind turbine shall be limited to a turbine that is 121 metres in height
and 8.2 metres in width, or something of the same or lesser height and
width. The height of the wind turbine shall be measured from the
highest point of the tower, to the lowest grade elevation at the base of
the tower;
d) The location envelope for the wind turbine is conceptual in nature
and will be finalized at the site plan stage without the need for further
amendment to this by-law. If the final location for the base of the turbine
results in a final location which is outside the location envelope or
which contravenes any other setback requirement established in this
by-law, then the turbine will not be constructed;
e)
That in lieu of Section 30.2(c) - General Zone Provisions of the
'Agricultural (A)' zone, the minimum front yard, exterior side yard,
interior side yard and rear yard setbacks for a wind turbine shall be 1.0
times the total length of the rotor blade, plus 10.0 metres, but shall not
be less than 30 metres;
f)
That the minimum setback of a wind turbine from any registered
access easement or right-of-way shall be 1.0 times the total length of
the rotor blade, plus 10.0 metres, but shall not be less than 30 metres;
g)
That all development be set back a minimum of 15 metres from the
edge of the watercourse traversing the subject lands:
h)
That the minimum setback of a wind turbine from an on-site residential
use shall be 1.25 times the height of the wind turbine or 250 metres,
whichever is greater;
i)
That the minimum setback of a wind turbine from an existing off-site
residential dwelling or existing institutional building shall be the
distance from the residential dwelling or institutional building to the
perimeter of the location envelope or 300 metres, whichever is greater;
j)
That the minimum setback of a wind turbine from all residential and
institutional zones shall be the distance from the closest part of the
residential or institutional zone to the perimeter of the location
envelope or 300 metres, whichever is greater;
k)
That the use of the lot for a wind turbine structure, accessory buildings
and structures, road access, storage areas and any area removed
from agricultural production shall not exceed 5% of the lot area;
l)
The maximum height for a turbine shall be 121 metres as measured
from the base of the tower to the tip of the blade;
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m)
An obsolete, unsafe and/or non-functioning wind turbine must be
removed from the subject lands within six (6) months of the cessation
of operations; and
n)
The minimum lot size for a wind farm shall be 5 hectares.
DUN37.296 a)
The following provision shall apply to the lands identified as Parts 1
and 2 on Map 'B' and Schedule DUN37.296:
i)
That in addition to the permitted uses of Section 15.1 -
Seasonal Residential (RS) zone, a one family dwelling house
is permitted.
b)
The following provision shall apply to the lands identified as Part 3 on
Map 'B' and Schedule DUN37.296:
i)
That in addition to the permitted uses of Section 26.1 - Rural
Industrial (MR) zone, the lands may be used as an access for
a concrete products manufacturing operation.
c)
The following provision shall apply to the lands identified as Parts 3
and 8 on Map 'B' and Schedule DUN37.296:
i)
That in lieu of Section 26.2 (b) Zone Provisions - Rural
Industrial (MR) zone, the minimum lot frontage shall be 10.6
metres.
d)
The following provision shall apply to the lands identified as Parts 4
and 9 on Map 'B' and Schedule DUN37.296:
i)
That in lieu of Section 30.2 (b) Zone Provisions - Agricultural
(A) zone, the minimum lot frontage shall be 11.6 metres.
e)
The following provision shall apply to the lands identified as Parts 5
and 6 on Map 'B' and Schedule DUN37.296:
i)
That in addition to the permitted uses of Section 15.1 -
Seasonal Residential (RS) zone, a one family dwelling house
is permitted.
f)
The following provision shall apply to the lands identified as Part 7 on
Map 'B' and Schedule DUN37.296:
i)
That in addition to the permitted uses of Section 15.1 -
Seasonal Residential (RS) zone, a one family dwelling house
is permitted.
DUN37.297
i)
That notwithstanding the provisions of Section 30.1 -
Permitted Uses of the 'Agricultural (A)' zone, a one family
dwelling house is not permitted.
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ii)
That the keeping of livestock shall be prohibited in the livestock
facility existing on the date of passage of this by-law.
DUN37.298
That notwithstanding the provisions of Section 30.1 - Permitted Uses
of the 'Agricultural (A)' zone, a one family dwelling house is not
permitted.
DUN37.300
That on the lands delineated as having reference to this subsection,
Section 8.2(f) Minimum Services - Urban Residential Type 1 (R1)
Zone, shall not apply to the lands so that the existing dwelling is
permitted without connection to a public sanitary sewer system.
DUN37.301
That in addition to the uses permitted in the "Agricultural (A)" Zone
(Section 30) a place of worship may be permitted as an additional use
on the lands having reference to this subsection.
DUN37.302
Repealed by By-law 557-HC-08
DUN37.303
i)
The following provisions shall apply to the lands identified
as Part 1 on Map 'B':
a)
That the keeping of livestock shall be prohibited in the livestock
facility existing on the date of passage of this by-law;
b)
That in lieu of Section 6.8(a) - Accessory Uses to Residential
Uses the maximum permitted height of a residential accessory
building shall be 6.3 metres.
ii)
The following provisions shall apply to the lands identified as Part 2
on Map 'B':
a)
That notwithstanding the provisions of Section 30.1 - Permitted
Uses of the 'Agricultural (A)' zone, a one family dwelling house
and home occupation are not permitted.
DUN37.304
That on the lands delineated as having reference to this subsection the
following provision shall apply:
a)
THAT Section 5.3 More Than One Zone on a Lot shall not apply to
those lands identified as the subject lands on Maps 'A' and 'B',
attached to and forming part of the by-law and as described above.
DUN37.305A
Notwithstanding Subsection HAL36.1 Hazard Land Zone - Permitted
Uses, the existing dwelling and existing shed shall be deemed to
conform to this by-law.
DUN37.305B That, on lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That subsection 16.1 (Permitted Uses) of the "General Commercial
Zone (CG)" shall also include an emergency shelter.
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b) For the purposes of this by-law, "Emergency Shelter" is defined as a part
of the building that is approved by the Board of Directors of the Youth Impact
Centre to be used for the temporary care of the socially displaced youth.
c) The Emergency Shelter shall be located on the second floor of the existing
building and have a maximum floor area of 212.31 square metres.
DUN37.306A i) The following provisions shall apply to the lands identified as Part 2 on
Map 'B':
a)
That notwithstanding the provisions of Section 30.1 - Permitted
Uses of the 'Agricultural (A)' zone, a one family dwelling house
and home occupation are not permitted.
DUN37.306B That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
In addition to the uses permitted in the 'Rural Industrial Zone (MR)'
zone, a vehicle sales establishment may also be permitted.
b)
The number of sales vehicles in the display lot shall not exceed 10 at
any given time.
c)
That parking in the display lot shall not be permitted within 3 m of the
existing Highway 3 right of way.
d)
That a 'Holding (H)' provision be affixed to the zoning of the property
until an amendment to site plan SP-HA-8-2003 has been approved to
address location of the private water supply, stormwater management,
signage, customer parking, fencing mutual entrance requirements and
emergency access. Additionally, written confirmation from the Ministry
of Transportation will be required indicating that their requirements for
a mutual entrance and any easements if required has been satisfied
and that a 0.3m reserve has been conveyed to the Ministry and
commercial entrance and encroachment permits have been obtained.
DUN37.307
i) That notwithstanding the permitted uses in the 'Agricultural (A)' Zone
(Subsection 30.1) no dwelling is permitted on Part A;
ii) That the keeping of livestock shall be prohibited in the barn/shed on
Part B; and
iii) That the front yard setback of the severed lands shall be 3 metres
for the existing dwelling.
DUN37.308
i) That on the lands delineated as having reference to Part 1 of this subsection
the following provisions shall apply:
a) The minimum lot area shall be 680.5 square metres
b) The minimum lot frontage shall be 17.68 metres
c) The minimum front yard setback shall be 6.1 metres
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ii) That on the lands delineated as having reference to Part 2 of this subsection
the following provisions shall apply:
a) The minimum lot area shall be 1112.25 square metres
b) The minimum front yard setback shall be 2.7metres
c) The minimum interior side yard setback shall be 0.7 metres
d) The maximum height of an accessory use shall be 5.2 metres
e) The minimum front yard setback for an accessory use shall be
5.2 metres
f) The minimum side yard setback for an accessory use shall be 1.5
metres.
DUN37.309
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
a one family dwelling house shall not be permitted.
DUN37.310
That on lands delineated as having reference to this subsection, the following
provisions shall apply:
a)
That notwithstanding the provisions of Section 30.1 - Permitted
Uses of the 'Agricultural (A) zone, a single family dwelling house
and home occupation shall not be permitted.
DUN37.311
That on lands delineated as having reference to this subsection, the following
provisions shall apply:
a)
That notwithstanding the provisions of Section 30.1 - Permitted Uses
of the 'Agricultural (A) zone, a single family dwelling house and home
occupation shall not be permitted.
DUN37.312
a) Permitted Uses:
That notwithstanding the provisions of Section 26.1 - Permitted Uses
of the 'Rural Industrial (MR)' zone, permitted uses shall be limited to:
i)
Animal hospital;
ii)
Retail sales of arts and crafts, groceries, and eco-friendly
products;
iii)
Commercial office and meeting space;
iv)
Personal service shop;
v)
Fuel storage depot for home and farm sales;
vi)
Any use permitted in the 'A' Zone in accordance with the
provisions of
that zone;
vii)
Open storage accessory to any permitted use.
b) General Provisions:
In addition to the applicable regulations contained in Section 6
(General Provisions), the following regulations shall also apply to lands
having reference to this subsection:
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i)
A residential use must be maintained on the subject lands in
conjunction
with additional permitted uses;
ii)
A drive through window is not permitted;
iii)
For the purposes of this by-law, "Arts and Crafts" are defined
as products of artistic production or creation that have been
made by a person's own skill and/or hands;
iv)
The outdoor retail sales of Arts and Crafts shall only be
permitted from May through October inclusive in the same
calendar year;
v)
That all aspects of the commercial office and meeting space,
personal service shop, and retail sales of groceries and eco-
friendly products be conducted within the existing accessory
building on the subject lands;
vi)
That all aspects of the commercial office and meeting space be
limited to a maximum usable floor area of 35 square metres
within the existing accessory building on the subject lands;
vii)
That the retail sales of groceries and eco-friendly products be
limited to a maximum usable floor area of 37 square metres
within the existing accessory building on the subject lands;
viii)
That all aspects of the personal service shop be limited to a
maximum usable floor area of 9 square metres within the
existing accessory building on the subject lands.
DUN37.313A
The following provisions relating to Section 9.2 (Zone
provisions in the Urban Residential Type 2 zone - Two Family
Dwelling House) shall apply to the lands identified as Parts 'A'
and 'B' shown on Maps A and B attached hereto:
a)
That in lieu of section 9.2(a), the minimum lot area shall be
264.2 square metres.
b)
That in lieu of section 9.2(c) (i), the minimum front yard shall be
4.05 metres.
c)
That in lieu of section 9.2(c) (iv), the minimum rear yard shall
be 6.03 metres.
DUN37.313B
a)
The following provision shall apply to the lands identified as
Part A on Map 'B':
i)
That notwithstanding the provisions of Section 30.1-
Permitted Uses of the 'Agricultural (A)' Zone, a single
detached dwelling house and home occupation shall
not be permitted.
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b)
The following provision shall apply to the lands identified
as Part B of Map 'B':
i)
That notwithstanding the provisions of Section 30.2 (c)
Minimum Yard Requirements, a minimum front yard
setback of 11.6 metres shall be permitted for the
residential dwelling existing on the date of passing of
this by-law.
DUN37.314
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That in addition to the uses permitted in Section 15.1 [Permitted Uses
of the "Seasonal Residential Zone (RS)], a personal service shop and
a single detached dwelling house shall also be permitted;
b)
That in lieu of subsection 15.2 zone provisions in the Seasonal
Residential Zone, the following shall apply:
i)
the Minimum Lot Area shall be 1390 square metres;
ii)
the Minimum Lot Frontage shall be 22 metres;
iii)
the Maximum Floor Area for the personal service shop use
shall be 10.2 square metres;
c)
That all business signage shall be restricted to a maximum size of 0.5
square metres;
d)
That a maximum of one employee in addition to the property owner
shall be permitted;
e)
That all retail sales of goods, merchandise, substances, articles or
things shall be prohibited;
f)
That outdoor storage shall be prohibited;
g)
That a minimum of 4 parking spaces shall be required for the use;
and
h)
That special provision DUN37.68 shall not apply to the subject
lands.
DUN37.315
a)
General Provisions
That notwithstanding the applicable regulations contained in Section 6
(General Provisions), subsection 6.16 Frontage on an Improved Street
shall not apply.
b)
Zone Provisions
That notwithstanding the provisions of Section 15.2 - Zone Provisions
of the 'Seasonal Residential (RS)' zone, subsection 15.2 (b) Minimum
Lot Frontage shall be nil."
DUN37.316
a)
The following provisions shall apply to the lands identified
as Part 1 on Schedule DUN37.316:
Notwithstanding the provisions of Subsection 23.1 - Permitted Uses of
the 'General Industrial (MG)' zone, permitted uses shall be limited to
the following:
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i)
Light industrial uses, including:
-
manufacturing
-
fabrication
-
assembly and processing
-
warehousing
-
bulk storage tanks
-
service and maintenance operations
-
research and development laboratories and facilities
and other similar uses
-
product distribution services
-
communications facilities
ii)
private sector commercial or trade schools
iii)
parks and open space linkages
iv)
public or private sector utilities and storm water management
and transportation facilities
v)
Ancillary open storage is permitted in conjunction with any
other permitted use. In addition, an ancillary retail sales show
room and/or an ancillary office component may be permitted as
an integral component of a building that accommodates any
other permitted land use provided that:
-
the retail sales showroom and/or office component is
directly related to the primary use; and
-
the retail sales showroom and/or office component
does not constitute more than 25 percent of the Gross
Floor Area of the building
vi)
arena
vii)
community center
b)
The following provisions shall apply to the lands identified as Part 2 on
Schedule DUN37.316:
Notwithstanding the provisions of Subsection 23.1 -Permitted Uses of
the 'General Industrial (MG)' zone, permitted uses shall be limited to
the following:
i) all types of commercial offices
ii) prestige industrial uses, including enclosed warehousing, limited
product distribution services, research and development facilities,
communications facilities, and manufacturing and processing
operations deemed not to be obnoxious by reason of dust, odour,
fumes, particulate matter, noise and/or excessive vibrations
iii) private sector commercial or trade schools
iv) parks and open space linkages
v) public or private sector utilities and storm water management and
transportation facilities
vi) ancillary open storage is not permitted
vii) arena
viii) community center
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c)
Notwithstanding the provisions of Section 7 - Off-Street Parking, the
minimum number of parking spaces shall be 300, including a minimum
of 8 barrier-free spaces.
d)
That for the purposes of this by-law, an arena shall be defined as:
"An indoor facility where public entertainment, shows or sports events
may take place. An arena may include accessory uses such as
concession stand, tuck shop, meeting rooms, offices, multi-purpose
room, fitness and recreation facilities and parks work area / storage."
e)
That for the purposes of this by-law, a community center shall be
defined as:
"A place, building or part of a building where facilities are provided for
uses such as community functions, meetings, weddings, conferences,
learning forums, seminars and workshops."
DUN37.318
That, on lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That the permitted uses shall be limited to a hospital, clinic and
parking lot;
b)
That in lieu of subsection 7.2.3 (d) (Off Street Parking), the following
shall apply:
i)
The minimum Interior Side Yard Right - 2 metres.
DUN37.319
That on the lands delineated as having reference to this subsection,
and identified as Part A and Part B on Map "B" the following provisions
shall apply:
a)
That in addition to the uses permitted in Subsection 30.1 of the
'Agricultural (A)' zone of By-law 1-DU 80, as amended, a 'Farmhouse
Dining Facility' and 'Farm Related Retail Establishment' may also be
permitted on the lands described in clause 1 of this by-law for a
temporary period commencing February 16, 2010 and expiring on
February 16, 2013.
b)
For the purposes of this by-law, a 'Farmhouse Dining Facility' shall be
defined as follows:
'A building or a part of a building where food is produced in relation to
a specific agriculturally oriented event or function held on the property
and which utilizes at least some products produced on the property.
All food offered for sale or sold to the public is intended for immediate
consumption either within the building or elsewhere on the subject
lands. A farmhouse dining facility may include a commercial kitchen
and a dining area.'
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(c)
All aspects of the 'Farmhouse Dining Facility' - maximum usable floor
area of 144 square metres within an existing accessory building on the
subject lands.
(d)
For the purposes of this by-law, a 'Farm Related Retail Establishment'
shall be defined as follows:
'A place, building, or part of a building used for the retail sale of
agricultural products such as vegetables, fruits and other staple crops
produced on a property owned by the subject property owner; food
products which utilize at least some produce that is grown on the
property; or products directly related to the agri-tourism events held on
the property.'
(e)
All aspects of the 'Farm Related Retail Establishment' - maximum
usable floor area of 44 square metres within an existing accessory
building on the subject lands.
DUN37.320
That on the lands delineated as having reference to this subsection,
the following
provisions shall apply:
a)
The keeping of livestock shall be prohibited on the subject lands on the
date of passing on this by-law;
b)
That notwithstanding the provisions of Section 30.2 (c) Minimum Yard
Requirements, a minimum interior side yard (left of 4.9 metres shall be
permitted for the residential dwelling existing on the date of passing of
this by-law.
c)
That notwithstanding the provisions of Section 6.8.1 (a) Accessory
Uses to Residential Uses, a maximum building height of 6.9 metres
shall be permitted for the residential accessory building existing on the
date of passing of this by-law.
DUN37.321
a)
That on the lands delineated as having reference to this subsection,
the following provision shall apply:
i)
That notwithstanding the provisions of Section 30.1 - Permitted
Uses of the 'Agricultural (A)' Zone, a single detached dwelling
house (one family dwelling) and home occupation shall not be
permitted.
DUN37.322
That on lands delineated as having reference to this subsection the
following provision shall apply:
i)
That notwithstanding the provision of Section 9.2 (b) Minimum
Lot Frontage, a minimum lot frontage of 18.2 metres shall be
permitted. In the case of a lot with such minimum lot frontage
being subdivided for the purpose of separate ownership of
semi-detached dwelling units the minimum lot frontage shall be
9.1 metres for each subdivided lot.
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DUN37.323
That on the lands delineated as having reference to this subsection,
the following
provisions shall apply:
a)
That in addition to the permitted uses in Subsection 15.1 of the
Seasonal Residential (RS)' zone, a one family dwelling house is also
permitted.
DUN37.324
That on the lands delineated as having reference to this subsection,
the following
provisions shall apply:
Part 1:
a)
Notwithstanding the provisions of Section 30.1 - Permitted
Uses in the "Agricultural (A)" zone, a one family dwelling shall
not be permitted.
Part 2:
a)
Notwithstanding the provisions of section 30.2 (c) (iv)- General
Provisions-Agriculture, the minimum required rear yard setback
shall be 9.1 metres.
DUN37.325
That on the lands delineated as having reference to this subsection,
the following provision shall apply:
a)
General Provisions
i.
That
notwithstanding
the
applicable
regulations
contained in Section 6 (General Provisions), subsection
6.16 Frontage on an Improved Street shall not apply.
b)
Zone Provisions
i.
That notwithstanding Section 30.1 Permitted Uses of
the 'Agricultural Zone (A)', a One Family Dwelling shall
not be permitted.
ii.
That notwithstanding Section 30.1 Permitted Uses of
the 'Agricultural Zone (A)', a Summer Cottage shall be
permitted.
iii.
That notwithstanding the provisions of Section 30.2
General Provisions of the Agricultural (A) zone',
subsection 30.2 (a) Minimum Lot Area shall be 1,350
square metres.
iv.
That notwithstanding the provisions of Section 30.2
General Provisions of the Agricultural (A) zone',
subsection 30.2 (b) Minimum Lot Frontage shall be nil.
v.
That for the purposes of this by-law, the southerly lot
line that is parallel to and abutting the north side of the
east-west extension of Windy Line shall be deemed to
be the front lot line.
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vi.
That for the purposes of this by-law, the westerly lot line
parallel to and abutting the west side of the north-south
extension of Windy Line shall be deemed to be the
exterior side lot line.
vii.
That for the purposes of this by-law, the easterly lot line
perpendicular to the north side of the east-west
extension of Windy Line shall be deemed to be the
interior lot line (right).
DUN37.326
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted
Uses in the "Agricultural (A)" zone, a one family dwelling and
home based business shall not be permitted on the subject
lands.
DUN37.327
a)
That on the lands delineated as having reference to this
subsection, the following provision shall apply:
i)
That notwithstanding the provisions of Section 30.1 - Permitted
Uses of the 'Agricultural (A)' Zone, a single detached dwelling
house (one family dwelling) shall not be permitted."
DUN37.328
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
the subject lands.
DUN37.329
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
Part 2.
b)
That housing of livestock shall be prohibited in the barn existing on
Part 1 on the date of passing of this by-law.
c)
That notwithstanding the provisions of Section 6.8.1(a) - Accessory
Uses to Residential Uses, the maximum permitted height for the
accessory building existing on Part 1 on the date of passage of this by-
law shall be 10.2 metres.
DUN37.330
That on the lands delineated as having reference to this subsection,
the following provision shall apply:
a)
In addition to the applicable regulations and provisions contained in
this By-law, Section 6.28 Surplus Farm Dwelling Severance Properties
shall also apply to the lands
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having reference to this subsection and shall supercede any section of
the By-law with which there is a conflict."
DUN37.331
a) General Provisions
i)
That notwithstanding the provisions of Section 6.8(a)
Accessory Uses to Residential Uses, maximum building
heights of 10.9 metres and 7.3 metres shall be permitted for the
residential accessory buildings existing on the date of passing
of this by-law.
ii)
That notwithstanding the provisions of Section 6.8(e)
Accessory Uses to Residential Uses, a maximum floor area of
263 square metres for all residential buildings existing on the
date of passing of this by-law shall be permitted.
iii)
That notwithstanding the provisions of Section 15.2(a)
Minimum Lot Area, the Minimum lot size shall be 1.5 hectares.
b) Permitted Uses
i)
That notwithstanding the provisions of Sections 15.1 Permitted
Uses In the 'Seasonal Residential Zone (RS)', a single
detached residential Dwelling (one family dwelling house) shall
also be permitted.
ii)
That a maximum of one (1) single detached dwelling be
permitted on the subject lands.
DUN37.332
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house shall not be
permitted on Part 1.
b)
That housing of livestock shall be prohibited in the accessory building
located on Part 2 on the date of passing of this by-law.
c)
That notwithstanding the provisions of Section 6.8.1 (e) - Accessory
Uses to Residential Uses, the maximum permitted lot coverage for the
accessory buildings existing on Part 2 on the date of passage of this
by-law shall be 288 square metres.
DUN37.333
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 19.1 - Permitted Uses of the
'Highway Commercial (CH)' zone, permitted uses shall include:
i.
restaurant;
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ii.
vehicle sales and/or rental establishment and may include
open storage accessory thereto;
iii.
farm implement sales and service establishment and may
include open storage accessory thereto;
iv.
office;
v.
government and public utility offices;
vi.
research and development facilities;
vii.
enclosed warehouse;
viii.
processing, manufacturing and light assembly plant which are
deemed not to be obnoxious by reason of dust, odour, fumes,
particulate matter, noise and/or excessive vibrations;
ix.
fitness and/or health care facility;
x.
trade school;
xi.
park;
xii.
day nursery;
xiii.
place of worship;
xiv.
retail establishment;
xv.
convenience store;
xvi.
pharmacy and personal care store;
xvii.
service commercial store.
b)
For the purposes of this by-law, a 'Retail Establishment' shall be
defined as follows:
'A building or a part of a building in which the main use is the retail of
non-food general merchandise; apparel & accessories; furniture and
home furnishings; electronics & appliances; sporting goods, hobby,
music & books, or other miscellaneous non-food retail. Liquor/beer
retail outlets are not included in this category. A pharmacy and
personal care store; convenience store and service commercial store
as defined herein are also not included in this category.'
c)
For the purposes of this by-law, a 'Pharmacy and Personal Care Store'
shall be defined as follows:
'A building or a part of a building in which the main non-retail use is the
retail of prescription drugs; cosmetics, beauty supplies and perfumes;
optical goods; and other health and personal care items including but
not limited to vitamin supplements, non-prescription drugs, health
appliances, and similar items.'
d)
For the purposes of this by-law, a 'Service Commercial Store' shall be
defined as follows:
'A building or a part of a building in which the main non-retail
commercial use is a service type use which may include, but not be
limited to, a barber shop, beauty salon, dressmaking shop, shoe repair
shop, tailor shop, photographic studio, music studio, real-estate office,
travel agency, insurance brokerage, accountant office, architect office,
dentist office, or other similar use . Financial Institution and Restaurant
are not included in this category.'
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e)
The following uses are prohibited on the subject lands:
i.
Liquor/Beer Retail Outlet as defined herein;
ii.
Financial Institution as defined herein.
f)
For the purposes of this by-law, a 'Liquor/Beer Retail Outlet' shall be
defined as follows:
'A place, building or a part of a building used solely for the retail sale
of beer, wine and liquor products not intended for immediate
consumption. A Liquor/Beer Retail Outlet excludes a Restaurant as
defined.'
g)
For the purposes of this by-law, a 'Financial Institution' shall be defined
as follows:
'A place, building or a part of a building that focuses on dealing with
financial transactions, such as investments, loans and deposits and
which may include a use such as bank, trust company, savings and
loan association or investment company.'
h)
Notwithstanding any provisions contained in Subsection 19.2, the
minimum gross useable floor area for a Retail Establishment, as
permitted and defined herein, shall be 465 square metres.
i)
Notwithstanding any provisions contained in Subsection 19.2, the
maximum gross useable floor area for all Retail Establishments
combined shall be 1,300 square metres.
j)
Notwithstanding any provisions contained in Subsection 19.2, a
Pharmacy and Personal Care Store, as permitted and defined
herein, shall have a maximum gross useable floor area of 557
square metres.
k)
Notwithstanding any provisions contained in Subsection 19.2, a
Convenience Store shall have a maximum gross useable floor
area of 93 square metres.
l)
Notwithstanding any provisions contained in Subsection 19.2, the
maximum gross useable floor area for all combined
Restaurant(s) and Service Commercial Store(s), as permitted
and defined herein, shall be 465 square metres.
m)
Notwithstanding any provisions contained in Subsection 19.2, a
Restaurant shall have a minimum gross useable floor area of
280 square metres.
n)
Notwithstanding any provisions contained in Subsection 19.2, the
maximum gross useable floor area for all combined Retail
Establishments, Convenience Store, Pharmacy and Personal
Care Store and Service Commercial Stores shall be 2,415
square metres.
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DUN37.334
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part A
a)
That notwithstanding the provisions of Section 30: Permitted Uses of
the Agricultural Zone, a one family dwelling (single detached
residential dwelling) shall not be permitted on Part A.
Part B
a)
That the keeping of livestock shall be prohibited in any buildings
located on Part B.
b)
That notwithstanding Section 6.8, Subsection 6.8 (a) shall not apply to
any of the accessory buildings existing on the date of passage of this
by-law.
c)
That notwithstanding Section 6.8, Subsection 6.8 (e) shall not apply to
any of the accessory buildings existing on the date of passage of this
by-law.
DUN37.335
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
Part 1
a)
That housing of livestock shall be prohibited in the barns existing on
Part 1 on the date of passing of this by-law.
b)
That notwithstanding Section 6.8 (a) - Accessory Uses to Residential
Uses, the maximum height for the building existing on Part 1 on the
date of passage of this by-law shall be 12.5 metres.
c)
That notwithstanding Section 6.8 (e) - Accessory Uses to Residential
Uses, the maximum useable floor area for the building existing on Part
1 on the date of passage of this by-law shall be 718 square metres.
Part 2
a)
Notwithstanding the Provisions of Section 30.1 - Permitted Uses in the
'Agricultural (A)' zone, a one family dwelling shall not be permitted on
the subject lands.
DUN37.336
That on the lands delineated as having reference to this subsection,
the following Provision shall apply:
a)
That in addition to Subsection 15.1 - Permitted Uses of the 'Seasonal
Residential (RS)' zone, a one family dwelling house is also permitted.
DUN37.337
That on the lands delineated as having reference to this subsection,
the following Provisions shall apply:
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a)
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
DUN37.338
That the following provisions shall apply to the lands identified as Part
A and Part B on Map 'B':
a)
That notwithstanding the provisions of Section 6.8 Accessory Uses to
Residential Uses, a minimum front yard setback of 8 metres shall be
permitted for the residential accessory building existing on the date of
passing of this by-law.
b)
That notwithstanding the provisions of Sections 14.2(a) and 30.2(a)
Minimum Lot Area, a minimum lot area of 3,500 square metres shall
be required.
c)
That notwithstanding the provisions of Sections 14.2(b) and 30.2(b)
Minimum Lot Frontage, a minimum lot frontage of 48 metres shall be
required.
The following provision shall apply to the lands identified as Part C on Map 'B':
a)
The keeping of livestock shall be prohibited in the agricultural
accessory buildings that existed on the date of passage of this by-law.
DUN37.340
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
Part 1
a)
Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
the subject lands.
Part 2
a)
That housing of livestock shall be prohibited in the barns existing on
Part 2 on the date of passing of this by-law.
b)
That notwithstanding Section 6.8(e) - Accessory Uses to Residential
Uses, the maximum useable floor area for the buildings existing on
Part 2 on the date of passage of this by-law shall be 527 square
metres.
DUN37.341
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 13.1 - Permitted Uses of the
'Urban Residential Type 6 (R6)' zone, permitted uses shall include;
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i.
a maximum of two (2) apartment dwelling houses, with a
maximum of eight (8) dwelling units being permitted in each
apartment dwelling house;
ii.
a maximum of fourteen (14) group townhouse units;
b)
That for the purposes of this by-law, Section 6.15 - Number of Dwelling
Houses Per Lot, shall not apply.
c)
That for the purposes of this by-law, the lot lines from which all
development setbacks shall be measured shall be defined as
follows:
i.
the front lot line shall be the property line parallel to and
abutting South Cayuga Street;
ii.
the rear lot line shall be the property line parallel to and abutting
the rear yards of the residential lots fronting onto Forest Street;
iii.
all other lot lines shall be considered interior lot lines.
d)
The following provisions apply to any group townhouse development
on the subject lands;
i.
For the purposes of this by-law, 'group townhouses' shall be
defined as follows;
'A dwelling house comprising four or more dwelling units with
each dwelling unit being divided one from the other by an above
grade vertical common wall a minimum of 10 square metres in
area, and with each dwelling unit having direct access to a
yard.'
ii.
That for purposes of this by-law, the 'group townhouse'
provisions contained in Section 11 shall not apply.
iii.
That for the purposes of this by-law, the minimum useable floor
area shall be 65 square metres per unit.
iv.
That for the purposes of this by-law, the minimum setbacks for
group townhouses shall be:
(i)
front yard - 6 metres
(ii)
rear yard -- 6 metres
(iii)
interior side yard - 1.5 metres.
v.
That for the purposes of this by-law the minimum separation
distance between group townhouse blocks shall be 2 metres.
vi.
That for the purposes of this by-law, requirements for minimum
lot area, minimum lot frontage and frontage on an improved
street shall not apply.
vii.
That for the purposes of this by-law, the maximum building
height for group townhouses shall be 9 metres.
viii.
That for the purposes of this by-law, windows or dormers on
the upper floor of any group townhouse shall only be permitted
on the south side of the building. Windows or dormers on the
north side of the upper floor of a group townhouse shall be
prohibited.
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e)
The following provisions apply to any apartment dwelling house
development on the subject lands:
i.
Notwithstanding any provisions contained in subsection 13.2,
the minimum yard requirements shall be as follows:
(i)
front yard - 4 metres
(ii)
interior side yard (right) - 4.3 metres
(iii)
interior side yard (left) - 12 metres
(iv)
rear yard - 25 metres.
ii.
That for the purposes of this by-law, the maximum floor area
ratio for apartment dwelling houses shall not apply.
iii.
That for the purposes of this by-law, the minimum useable floor
area shall be 65 square metres per unit.
iv.
Notwithstanding any provision contained in subsection 13.2,
the maximum building height of any apartment dwelling house
shall be 4 storeys.
DUN37.342
That the following provision shall apply to the lands identified as
'Subjects Lands' on Maps 'A' and 'B':
i.
That Sections 30.2(c) Minimum Yard Requirements and 6.8 Accessory
Uses to Residential Uses shall not apply to the single detached
residential dwelling or accessory buildings existing on the date
of passing of this by-law. These provisions shall apply to any
new buildings proposed in the future.
DUN37.343
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
Part 1
i.
That notwithstanding Section 6.15 Number of Dwelling Houses per Lot
and Section 15 Seasonal Residential Zone, a maximum of two
(2) seasonal dwellings, which
exist on Part 1 on the
date of passing of this by-law, may be permitted for a temporary
time period commencing May 21, 2013 and expiring May 21,
2014.
ii.
That notwithstanding Section 15.2 (e) Minimum Useable Floor Area,
the Minimum Useable Floor Area for the seasonal dwellings
existing on Part 1 on the date of passage of this by-law shall be
60 square metres.
iii.
That notwithstanding the provisions of Section 15.1 Permitted Uses in
the 'Seasonal Residential Zone (RS)' a single detached
residential dwelling (one family dwelling house) shall also be
permitted.
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Part 2
i.
That notwithstanding the provisions of Section 15.1 Permitted Uses in
the 'Seasonal Residential Zone (RS)' a single detached
residential dwelling (one family dwelling house) shall also be
permitted.
DUN37.344
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
That notwithstanding Section 19.1 Permitted Uses, the
following additional use is permitted on the subject lands:
i) Laundromat with a total maximum gross useable floor area
of 197 square metres.
b)
That notwithstanding 19.2(e) Maximum Useable Floor Area of
a Convenience Store, maximum useable floor area shall be
285 square metres for the building existing on the date of
passage of this by-law.
c)
That notwithstanding Section 7.10 Number of Parking Spaces,
minimum number of parking spaces shall be 25 for the building
existing on the date of passage of this by-law.
DUN37.345
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted
Uses in the 'Agricultural (A)' zone, a one family dwelling house
shall not be permitted on Part 2.
b)
That notwithstanding the provisions of Section 30.2 (c) i - Front
Yard, the minimum front yard requirement for the dwelling
existing on Part 1 on the date of passage of this by-law shall be
7.44 metres.
DUN37.346
That, on lands delineated as having reference to this subsection and
being referred to as 'Subject Lands', the following provision
shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted
Uses in the 'Agricultural (A)'zone, a one family dwelling house
and home occupation shall not be permitted.
DUN37.347
That on the lands delineated as Part 1 on Map B attached to and
forming part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 10.1 (d), a maximum
of 9 -four family dwelling houses shall be permitted on a lot.
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ii.
Notwithstanding the provisions of Section 10.2.2 (a), the
minimum lot area shall be 6,848 square metres.
iii.
Notwithstanding the provisions of Section 10.2.2 (b), the
minimum lot frontage shall be 69 metres.
iv.
Notwithstanding the provisions of Section 10.2.2 (c)(ii), the
minimum exterior side yard setback shall be 5 metres.
v.
Notwithstanding the provisions of Section 10.2.2 (c)(iii), the
minimum interior side yard setback shall be 5 metres.
vi.
Notwithstanding the provisions of Section 10.2.2 (c)(iv), the
minimum rear yard setback shall be 7.5 metres.
vii.
Notwithstanding the provisions of Section 7 OFF Street
Parking, a minimum of 53 parking stalls shall be required
and is based on the following:
a.
One bedroom units shall require a minimum of 1 parking stall;
b.
Two bedroom units or greater shall require a minimum of 1.5 stalls.
viii.
Minimum Separation between quadraplex dwellings shall be
3.0 metres.
That on the lands delineated as Part 2 on Map B attached to and forming part
of this by-
law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 11.2.2 (b)(ii), the
minimum lot frontage for a corner lot shall be 10 metres.
ii.
Notwithstanding the provisions of Section 11.2.2 (c), the
minimum front yard setback shall be 3.2 metres.
iii.
Notwithstanding the provisions of Section 11.2.2 (g), the
minimum rear yard setback shall be 3.9 metres for the southerly
end unit of the townhouse block located within the south-east
corner of the subject lands.
iv.
Notwithstanding the provisions of Section 7.1.3 (c), a parking
space shall have dimensions of 3.0 metres X 6.0 metres.
DUN37.348
That, on lands delineated as having reference to this subsection, the
following Provisions shall apply:
a)
Notwithstanding the provisions of Section 14.2 (a), the minimum lot
area shall be 1532 square metres.
b)
Notwithstanding the provisions of Section 14.2 (b), the minimum lot
frontage shall be 22.8 metres.
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c)
Notwithstanding the provisions of Section 14.2 (c)(iii), the minimum
interior side yard (right) setback shall be 2.1 metres.
DUN37.349
That on the lands delineated as the 'Subject Lands' on Map B attached
to and Forming part of this by-law, the following provisions shall
apply:
i.
Notwithstanding the provisions of Section 9.2 (a) when a lot is to be
subdivided for the purpose of separate ownership of semi-detached dwelling
units the minimum lot area shall be 265 square metres.
ii.
Notwithstanding the provisions of Section 9.2 (b), the minimum lot
frontage shall be 9.5 metres for each subdivided lot.
iii.
Notwithstanding the provisions of Section 9.2 (c)(ii), the minimum
exterior side yard shall be 2.4 metres.
iv.
Notwithstanding the provisions of Section 9.2 (c)(iv), the minimum rear
yard setback shall be 5.5 metres.
v.
Notwithstanding the provisions of Section 4.88, the definition of "Sight
Triangle" shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one of
the street lines to a point on the other street line, each point being measured
6 metres from the point of intersection of the street lines.
DUN37.350
That, on lands delineated as having reference to this subsection, the
following Provisions shall apply:
Part A
a)
Notwithstanding the provisions of Section 9.2 (c)(iii) - Minimum Yard
Requirements, a minimum interior side yard of 1.2 metres is permitted for any
two family dwelling house constructed on Part A.
Part B
b)
That notwithstanding the provisions of Section 32.2 (c)(ii) - Zone
Provisions, the minimum exterior side yard for the existing school building on
Part B on the date of passage of this by-law shall be 0.80 metres.
c)
That notwithstanding the provisions of Section 32.2 (c)(iv) - Zone
Provisions, the minimum rear yard setback for the existing school building on
Part B on the date of passage of this by-law shall be 6.08 metres.
DUN37.351
That on the lands delineated as having reference to this subsection,
the following provisions shall apply:
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a)
That in addition to the uses permitted in Section 32.1 - Permitted Uses
- the use of an "assisted living facility" is also permitted.
b)
For the purposes of this By-law an "assisted living facility" shall be
defined as:
"A building or part of a building that provides housing, in the form of
private bedrooms or living units (excluding full kitchens), where
such accommodations have an entrance from a common hall
and where the building provides communal facilities such as
kitchen/dining facilities, laundry facilities, and/or lounges, and
where recreational and/or medical facilities are provided. An
assisted living facility shall provide at least one or more support
services by an operator to three or more adults that are not
related by blood or marriage to the operator."
c)
Notwithstanding the provisions of Section 32.2 (c)(iv), The minimum
rear yard setback is 7.3 metres.
d)
Notwithstanding the provisions of Section 32.2 (d), The maximum
building height shall be 3 storeys.
e)
Notwithstanding the provisions of Section 7.2.3 (d), The minimum
setback for a parking lot shall be 1.0 metres.
DUN37.352
That, on lands delineated as having reference to this subsection and
being referred to as 'Subject Lands', the following provision
shall apply:
Part 1
a) Notwithstanding the provisions of Section 30.1 - Permitted Uses in
the "Agricultural (A)"zone, a one family dwelling house and home
occupation shall not be permitted.
Part 2
a)
Notwithstanding the provisions of Section 6.8(e) - Maximum Permitted
Useable Floor Area for Accessory Uses, shall not apply to
accessory buildings existing of the date of passing of the by-
law, and that a maximum floor area of 270 square metres be
permitted.
DUN37.353
That, on lands delineated as having reference to this subsection and
being referred to as 'Subject Lands', the following provision
shall apply:
Part 1
a) Notwithstanding the provisions of Section 30.1 - Permitted Uses in
the "Agricultural (A)"zone, a one family dwelling house and home
occupation shall not be permitted.
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Part 2
a) Notwithstanding the provisions of Section 6.8(e) - Maximum Permitted
Useable Floor Area for Accessory Uses, shall not apply to accessory
buildings existing on the date of passing of the by-law, and that a
maximum floor area of 357 square metres be permitted.
DUN37.354
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That, in addition to Subsection 15.1 - Permitted Uses of the "Seasonal
Residential (RS)" zone, a one family dwelling house is also permitted.
b) That notwithstanding the provisions of Section 15.2(a) - Minimum Lot
Area, the minimum lot area requirement shall be 684 square metres.
c) That notwithstanding the provisions of Section 15.2(b) - Minimum Lot
Frontage, the minimum lot frontage requirement shall be 15 metres.
d) That notwithstanding the provisions of Section 15.2(c)(i) - Minimum Yard
Requirements, Front Yard, the minimum front yard requirement shall be 6
metres.
e) That notwithstanding the provisions of Section 15.2(c)(iii) - Minimum Yard
Requirements, Interior Side Yard (right), the minimum interior side yard
requirement shall be 1.8 metres.
f) That notwithstanding the provisions of Section 15.2(e) - Minimum Useable
Floor Area, the minimum useable floor area requirement shall be 63
square metres.
DUN37.355
That on lands delineated as having reference to this subsection and being
referred to as 'Subject Lands', the following provisions shall apply:
Part 1:
a)
Notwithstanding the provisions of Section 26.1 - Permitted Uses - in
the 'Rural Industrial (MR)' zone, the permitted uses shall be limited to
the following:
I.
Contractor's yard
Part 2:
a)
Notwithstanding the provisions of Section 26.1 - Permitted Uses - in
the 'Rural Industrial (MR)' zone, the permitted uses shall be limited to
the following:
I.
Garden centre;
II.
Warehouse addition; and
III.
Commercial greenhouses.
Part 3
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a)
Notwithstanding the provisions of Section 30.2 (b) - General
Provisions - in the 'Agriculture (A)' zone, the minimum lot frontage
shall be 0 metres.
DUN37.556
That, on lands delineated as having reference to this subsection and being
referred to as 'Subject Lands', the following provision shall apply:
Part 3:
a)
Notwithstanding the provisions of Section 19.2 (b) - Zone Provisions
- in the 'Highway Commercial (CH)' zone, the minimum lot frontage
shall be 13.8 metres.
DUN37.557
That, on lands delineated as having reference to this subsection and
being referred to as 'Subject Lands', the following provision
shall apply:
a) Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
'Agricultural A)' zone, a "farmstand equipment and agricultural equipment
service establishment" shall be permitted.
b) For the purpose of this subsection, a Farmstand Equipment and
Agricultural
Equipment
Service
Establishment
shall
mean:
"an
establishment for the maintenance and repair of farmstead equipment and
agricultural equipment. Farmstead equipment is equipment that remains
in a stationary position such as augers, elevators, silo unloaders and other
similar types of handling equipment. Agricultural equipment refers to
tractors and other non-stationary machinery.
c) Outdoor storage is permitted and shall be screened from view of the street
and adjacent properties by a visual barrier with a minimum height of 1.8
metres.
DUN37.558
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That in addition to the uses permitted in Subsection 30.1 of the 'Agricultural
(A)' zone and Subsection 24.1 of the 'Light Industrial (ML)' zone of By-law
1-DU 80, as amended, an 'Emergency Tactical Driver Training Facility'
may also be permitted on the lands described in clause 1 of this By-law.
b) That for the purposes of this By-law, 'Emergency Tactical Driver Training
Facility' shall be defined as follows:
d) 'The use of facilities, both indoor and outdoor, for the purpose of
emergency tactical driver training. The permitted activities shall include
classroom lectures and emergency tactical driving practical training
encompassing basic driving emergency response, motorcade operations,
convoy operations, advanced tactical driving, single vehicle evasive
training, route assessment and planning, vehicle surveillance and counter
surveillance, vehicles disabled counter ambush training, and counter
attack team training. Prohibited activities shall include drifting, gripping,
racing, lapping and other extreme driving techniques.'
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c) That uses permitted within this By-law shall be limited to the buildings,
structures and facilities existing on the date of passage of this By-law.
d) That various land uses permitted within this By-law shall be identified at
specific locations on a site plan developed in accordance with the
recommendations of the Environmental Noise Assessment prepared by
Valcoustics Canada Ltd., dated September 2013 and noise addendum
prepared by Valcoustics Canada Ltd. Dated August 2015. The site plan
shall be submitted to and approved by Haldimand County prior to any
activities taking place on the subject lands.
DUN37.559
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Parts 1 and 2
a) That the westerly lot line shall be considered the front lot line for the
purposes of calculating setbacks.
b) In lieu of Section 14.2 (b), the minimum lot frontage shall be 10 metres.
Part 3
a) Notwithstanding the provisions of sections 6.16 and 14.2 (b), minimum
frontage shall be 0 metres.
b) That the southerly lot line shall be considered the front lot line for the
purposes of calculating setbacks.
DUN37.560
That on the lands delineated as having reference to subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agriculture (A)" zone, a one family dwelling and home occupation shall
not be permitted on Part 1.
b) Notwithstanding provision 6.9 - Accessory Uses to Residential Uses - the
existing accessory structure located on Part 2 on the date of passing of
this by-law shall be a maximum area of 373 square metres.
DUN37.561
That the lands delineated as having reference to this subsection, the following
provision shall apply:
a) That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted;
b) In lieu of Section 15.2 (b), the minimum lot frontage shall be 25 metres.
DUN37.562
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a)
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
DUN37.563
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 2:
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a) Notwithstanding the provisions of Section 6.8 'Accessory Uses to
Residential Uses'
(a) the maximum building height shall be 11 metres
(e) the accessory structure floor area shall be 210 square metres.
Part 1 and 3:
b) Notwithstanding the provisions of Section 28.1 - Permitted Uses in
"Agricultural (A)" zone, a one family dwelling house and home occupation
shall not be permitted.
DUN37.564
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
a) Notwithstanding the provisions of Section 9.2(c) (iii) - Minimum Yard
Requirements, a minimum interior side yard of 1.2 metres is permitted for
any two family dwelling house constructed on Part 1.
Part 2
a) Notwithstanding the provisions of Section 9.2(c) (iii) - Minimum Yard
Requirements, a minimum interior side yard (right) of 1.2 metres is
permitted for any two dwelling housing, with the required setback to be
measured from the closest point of the accessory structure that is
encroaching on the site.
b) Nothwithstanding the provisions of Section 9.2(c) (iii) - Minimum Yard
Requirements, a minimum interior side yard (left) of 1.2 metres is permitted
for any two family dwelling house constructed on Part 2.
DUN37.565
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a) General Provisions
i. That notwithstanding the applicable regulations contained
in Section 6 (General Provisions), subsection 6.16
Frontage on an Improved Street shall not apply and a
summer cottage and residential accessory structures shall
be permitted on the private road.
b) Zone Provisions
i. That notwithstanding the provisions of Section 15 Zone
Provisions of the 'Seasonal Residential (RS)' Zone
subsection 15.(2)(b) 'Minimum Lot Frontage' shall be nil.
ii. That for the purposes of this by-law, the southerly lot line
that is parallel to and abutting the north side of Rock Point
Bay Line shall be deemed to be the front lot line.
DUN37.566
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
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b) That the front lot line shall be considered the lot line bound by Johnson
Road.
DUN37.567
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding Section 7.10.5 (a), the minimum parking stall requirement
is 1 parking stall per unit.
b) Notwithstanding the Section 16.6 - General Provisions - the subject do
not require frontage on an improved street.
c) Notwithstanding the provisions of Section 13.1 - Permitted Uses -
apartment building is an additional permitted use.
d) Notwithstanding the provisions of Section 31.2 (b) - Minimum Lot
Frontage, the subject lands are permitted to have a lot frontage of 0
metres; and
e) That the southerly lot line shall be deemed the front lot line.
DUN37.568
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
b) That notwithstanding the provisions of the Seasonal Residential (RS) Zone,
the minimum lot frontage shall be 26.4 m.
DUN37.568
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
b) That notwithstanding the provisions of the Seasonal Residential (RS) Zone,
the minimum lot frontage shall be 26.4 m.
DUN37.569
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
DUN37.570
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
Part 1:
That notwithstanding the provision of Section 6.8 - Accessory Uses to
Residential Uses, the maximum height of the existing accessory structure
(garage) shall be 7.3 metres
Part 2:
That notwithstanding the provision of Section 30.1 - Permitted Uses of the
'Agricultural (A)' Zone, a one family dwelling and home occupation shall not
be permitted.
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DUN37.571
a)
Notwithstanding the Permitted Uses listed under section HAL36.1;
a year Round dwelling shall be permitted in the lands identified as
"Subject Lands" in Schedule B.
b)
Notwithstanding Section HAL36.2 Zone provisions, the Zone
Provisions of Section 15.2 of the "Seasonal Residential Zone (RS)"
shall apply, except for the interior side yard setback which shall be
1.2 metres measured between the lot line and the attached garage
or foundation of the dwelling.
DUN37.572
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
That notwithstanding Section 14.2 Zone Provisions of the 'Hamlet Residential
(RH)' Zone, on the lands having reference to this subsection, the following
regulations shall apply:
a) That notwithstanding Section 14.2 (a) the minimum lot area shall be
689 square metres;
b) That notwithstanding Section 14.2 (b) the minimum lot frontage shall
be 18.2 metres;
c) That notwithstanding Section 14.2 (c) (i) the minimum front yard
setback is 5.4 metres; and
d) That notwithstanding Section 14.2 (c) (iii) the interior side yard (left)
setback shall be 0.16 metres.
Part 2
That notwithstanding Section 14.2 Zone Provisions of the 'Hamlet Residential
(RH)' Zone, on the lands having reference to this subsection, the following
regulations shall apply:
a) That notwithstanding Section 14.2 (a) the minimum lot area shall be
1376 square metres;
b) That notwithstanding Section 14.2 (b) the minimum lot frontage shall
be 27 metres;
c) That notwithstanding Section 14.2 (c) (i) the minimum front yard
setback is 8.2 metres; and
d) That notwithstanding Section 14.2 (c) an unenclosed porch and steps
may project 3 metres into the required front yard.
DUN37.573
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a) That in addition to Subsection 9.1 Permitted Uses of the Urban
Residential Type 2 (R2) Zone, aa Group Home with a maximum
occupancy of 9 tenants is also permitted.
b) In lieu of Section 7.10.5, the minimum parking spaces required shall
be 4.
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c) In lieu of Section 9.2 (c) the minimum interior side yard shall be 0.6
m
d) In lieu of Section 6.8 (d) the minimum setback for an accessory
structure shall be 0 m to recognize an existing garage.
DUN37.574
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
i.
Notwithstanding the provisions of Section 9.2 c) iii) - Minimum Yard
Requirements - Interior Side Yard, the minimum interior side yard shall
be 1.2 metres.
DUN37.575
a) General Provisions
That notwithstanding the applicable regulations contained in Section 6
(General Provisions), subsection 6.16 Frontage on an Improved Street shall
not apply.
b) Zone Provisions
That notwithstanding the Provisions of Section 15.2 - Zone Provisions of the
'Seasonal Residential (RS)' Zone, subsection 15.2 (b) Minimum Lot Frontage
shall be nil."
DUN37.576
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1:
a) Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
Part 2:
b) Notwithstanding the provisions of Section 6.8 (e) 'Accessory Uses to
Residential Uses' of the "Agricultural (A)" zone the maximum
accessory structure floor area shall be 333 metres.
DUN37.577
That on the lands delineated as having reference to this subsection, shown as
Parts 3 and 4 of the subject lands on Map 'A' and 'B' attached hereto and
forming part of this by-law the existing office (former dwelling) on-site shall
have a minimum front yard setback of 2.5 m.
DUN37.578
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
i. That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
ii. That notwithstanding Subsection 15.2 b) of the Seasonal Residential
(RS) Zone, the minimum lot frontage shall be 5 m.
DUN37.579
That on the lands delineated as having reference to this subsection, the
following provisions shall apply: That in addition to Subsection 15.1 Permitted
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Uses of the Seasonal Residential (RS) Zone, a one family dwelling house is
also permitted.
DUN37.580
That on the lands subject to this special provision, the existing Bed and
Breakfast is deemed to comply with Zoning By-law and parking provisions.
DUN37.581
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
i.
Notwithstanding any provisions contained in subsection 12.1, the
apartment dwelling house may contain a maximum of 30 dwelling
units;
ii.
Notwithstanding any provisions contained in subsection 12.2, the yard
requirements shall be:
(i) Minimum front yard setback to building - 5.8 metres
(ii) Minimum front yard to building entrance - 3.3 metres
(iii) Maximum front yard setback to building - 7.0 metres
(iv) Maximum rear yard setback - 19.3 metres;
iii.
Notwithstanding any provisions contained in subsection 6.22, the
canopy may project 1.0 metre from the building entrance;
iv.
That for the purposes of this by-law, the maximum floor area ratio shall
be 0.77;
v.
Notwithstanding any provisions contained in subsection 7.2.3, the
following shall apply:
(i) No parking lot shall be located within 1.5 metres of the
apartment dwelling house on the lot
(ii) No parking lot shall be located within 1.1 metres of the rear lot
line
(iii) No parking lot shall be located within 2.0 metres of the interior
lot line;
vi.
That for the purposes of this by-law, the maximum height for an
apartment dwelling house shall be 3 storeys.
DUN37.582
That on the lands delineated as having reference to this subsection, the
following provisions shall apply: That in addition to Subsection 15.1 Permitted
Uses of the Seasonal Residential (RS) Zone, a one family dwelling house is
also permitted
DUN37.583
That on the lands delineated as having reference to this subsection, the
following provisions shall apply: That in addition to Subsection 15.1 Permitted
Uses of the Seasonal Residential (RS) Zone, a one family dwelling house is
also permitted.
iii. Notwithstanding Subsection 6.8 Accessory Uses to Residential Uses,
the maximum height for an accessory structure shall be 6.4 metres,
and the maximum floor area shall be 87 square metres.
DUN37.584
That on the lands delineates as having reference to this subsection, the
following
provisions shall apply:
Part 1
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That notwithstanding the permitted uses in the 'Agricultural (A)' Zone
contained in Section 30, the only permitted use on a Part 1 is general access.
Part 2
That notwithstanding the permitted uses in the 'Hazard Land (HL)' Zone
contained in Section 36, the only permitted use on Part 2 is general access.
Part 3
That notwithstanding the 'Agricultural (A)' Zone provisions contained in
Section 30, the following shall apply:
i. The minimum lot frontage shall be 27.46 metres
ii. The minimum right interior side yard setback shall be 5.42
metres
DUN37.585
That on the lands delineated as having reference to this subsection, the
following provisions shall apply: That in addition to Subsection 15.1 Permitted
Uses of the Seasonal Residential (RS) Zone, a one family dwelling house is
also permitted.
DUN37.586
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Notwithstanding the provisions of Section 30.1 Permitted Uses in the
'Agricultural (A)' Zone, a one family dwelling house and home occupation shall
not be permitted.
DUN37.587
That on the lands delineated as having reference to this subsection, the
following provisions shall apply: That in addition to Subsection 21.1 Permitted
Uses of the 'Rural Commercial (CR)' Zone, a one family dwelling house is also
permitted.
DUN37.588
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 30.1 - Permitted Uses in the
'Agricultural (A)' Zone, a one family dwelling house and home
occupation shall not be permitted
DUN37.589
That on the lands delineated as having reference to this subsection, in
addition to the uses permitted in the CS zone, and notwithstanding anything
to the contrary, all uses within the Urban Residential Type 2 (R2 Zone) are
permitted.
12.2 Haldimand
HAL36.1
That notwithstanding subsection 6.14 a maximum of two one-family dwelling
houses shall be permitted on the lands delineated by this subsection.
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HAL36.2
That in lieu of subsections 16.1(u) and 16.2(c) in the CG Zone a maximum of
30 dwelling units and a maximum height of 4 storeys shall be permitted on the
lands delineated by this subsection.
HAL36.3
That in addition to the permitted uses in the A Zone (subsection 28.1) the lands
delineated by this subsection may also be used for a machine shop.
HAL36.4
That in addition to the permitted uses in the A Zone (subsection 28.1) a
hunters and anglers club and trap shooting range shall also be permitted on
the lands delineated by this subsection.
HAL36.5
That in addition to the permitted uses in the CS Zone (subsection 17.1) an
industrial garage shall also be permitted on the lands delineated by this
subsection.
HAL36.6
That in lieu of subsection 13.2.3(c) in the R4 Zone a maximum building height
of 4 storeys shall be permitted on the lands delineated by this subsection.
HAL36.7
That in addition to the permitted uses in the CR Zone (subsection 21.1) a
clothing sales, service and storage establishment shall also be permitted on
the lands delineated by this subsection.
HAL36.8
That in lieu of the minimum required frontage, front yard and interior side yard
of the R1 Zone (subsection 8.2), 16.4 metres, 4.8 metres, and 0.9 metres
respectively shall apply to the lands delineated by this subsection.
HAL36.9
That in addition to the permitted uses in the A Zone (subsection 28.1) the
following uses shall also be identified as having reference to this subsection:
a) training and rehabilitation centre and workshop
b) group home.
HAL36.10
That in addition to the permitted uses in the "Agricultural (A)" zone (subsection
28.1) and notwithstanding subsection 6.2(i) (uses prohibited in all zones), the
racing of motorized vehicles shall also be permitted on the existing road
course on the lands delineated by this subsection.
HAL36.10a
That notwithstanding the provision for a tent and trailer park in Subsection
HAL36.10, only a tent and trailer park ancillary to motorized racing events shall
be permitted on the lands delineated by this subsection.
HAL36.11
That the following provisions shall apply to the lands delineated by this
subsection:
HAL36.11.1
In lieu of the permitted uses in the MG Zone (subsection 23.1) the following
shall be permitted:
(a) processing, manufacturing and light assembly plant provided there is
no water required for any manufacturing, processing, fabricating or
assembly operation carried out on the site and provided that no refining
or heavy forging, casting or smelting operations are carried out
(b) fertilizer dealership and fertilizer mixing plant
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(c) fuel storage depot for home and farm sales
(d) truck terminal
(e) research and development facilities
(f)
custom workshop
(g) warehouse
(h) contractor's yard
(i)
storage of vehicles
(j)
public utilities yard
(k) printing and publishing establishment
(l)
facilities and offices for engineering, surveying and any similar
activity
(m) trade school
(n) firehall
(o) police station
(p) ambulance service
(q) open storage accessory to a permitted use
(r) any use permitted in the ML Zone
(s) industrial supply establishment
(t)
automobile tire sales and repair establishment
(u) small engine repair establishment
(v) industrial offices
(w) marine engine repair and sales establishment
(x) retail sales related to an industry on the same lot
(y) truck repair and service establishment.
HAL36.11.2
In addition to subsection 23.2(f), open storage in the MG Zone, the
following shall apply to the lands delineated by this subsection:
(a) no lands within 9 metres of any provincial street shall be used for open
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storage;
(b) open storage on any lands within 90 metres of any provincial street
shall be screened by a hedge or fence a minimum of 2 metres in height
which shall provide a complete visual barrier;
(c) open storage shall be restricted to a maximum of 20 percent of the
entire lot area for any lot in whole or in part within 30 metres of any
provincial street.
HAL36.11.3
In addition to the zone provisions in the MG Zone (subsection 23.2) the
following shall apply to the lands delineated by this subsection:
Restriction on Uses for Undermined Areas: No lands within the
undermined areas shall be used for any use except the use existing at the
date of passing of this By-law without approval in writing from the Ministry
of Natural Resources.
HAL36.12
That in lieu of the permitted uses in the MG zone (subsection 23.1) the
following shall be permitted on the lands delineated by this subsection:
(a) processing, manufacturing and light assembly plant provided there is no
water required for any manufacturing, processing, fabricating or assembly
operation carried out on the site and provided that no refining or heavy forging,
casting or smelting operations are carried out
(b) fertilizer dealership and fertilizer mixing plant
(c) fuel storage depot for home and farm sales
(d) sawmill
(e) feed mill
(f) flour mill
(g) grain elevator
(h) grain drying facilities
(i) truck terminal
(j) research and development facilities
(k) custom workshop
(l) warehouse
(m) contractor's yard
(n) storage of vehicles
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(o) public utilities yard
(p) printing and publishing establishment
(q) facilities and offices for engineering, surveying and any similar activity
(r) trade school
(s) firehall
(t) police station
(u) ambulance service
(v) open storage accessory to a permitted use.
HAL36.13
That subsection 6.15, requiring frontage on an improved street, shall not apply
to the lands delineated by this subsection and that in lieu of the zone
provisions in the RS Zone (subsection 15.2) the following shall apply to the
lands delineated by this subsection:
(a) Minimum Lot Area
- 500 square metres
(b) Minimum Lot Frontage
- 15 metres
(c) Minimum Yard Requirements:
(i) front yard
- 6 metres
(ii) interior side yard
- 3 metres on one side and 1.0 metre on
the other side
(iii) rear yard
- 6 metres
(d) Maximum Building Height
- 11 metres
(e) Minimum Usable Floor Area
- 49 square metres
HAL36.14
That notwithstanding the uses permitted in the A Zone (subsection 28.1) only
the following uses shall be permitted on the lands identified as having
reference to this subsection:
(a) one family dwelling house
(b) storage and sale of firewood and topsoil
(c) parking of trucks and machinery.
HAL36.15
That in lieu of the permitted uses in the HL Zone (subsection 34.1) a one family
dwelling house and a home occupation shall be permitted on the lands
delineated by this subsection in accordance with the zone provisions of the A
Zone
HAL36.16
That subsection 6.15 requiring frontage on an improved street shall not apply
to the lands delineated by this subsection and that in lieu of the permitted uses
and the general zone provisions in the A Zone (subsections 28.1 and 28.2)
the following shall apply to the lands delineated by this subsection:
Permitted Uses
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(a) vacation home
General Zone Provisions
(a) Minimum Lot Area
900 square metres
(b) Minimum Lot Frontage
29 metres
(c) Minimum Yard Requirements:
(i)
front yard
6 metres
(ii) side yard
3 metres; except where a private
garage is attached to the dwelling
house in which case the minimum
interior side yard adjacent to the atta-
ched private garage shall be 1.2 metres
(iii) rear yard
6 metres
(d) Maximum Building Height
11 metres
(e) Minimum Usable Floor Area
49 square metres
HAL36.17
That in addition to the uses permitted in the ML Zone (subsection 24.1) a retail
establishment and the two existing dwelling units shall also be permitted on
the lands delineated by this subsection.
HAL36.18
That in addition to the uses permitted in the R1 Zone (subsection 8.1) a day
nursery shall also be permitted on the lands delineated by this subsection.
HAL36.19
That in addition to the uses permitted in the R1 Zone (subsection 8.1) a group
home shall also be permitted on the lands delineated by this subsection.
HAL36.20
That in lieu of the minimum lot frontage and usable floor area requirements in
the R1-A Zone, subsections 9.2 (b) and (c), the following shall apply to the
lands delineated by this subsection:
(a) Minimum Lot Frontage
- 13.7 metres for an interior lot and 17
metres for a corner lot.
(b) Minimum Usable Floor Area
- 83 square metres per dwelling unit.
HAL36.21
That in lieu of subsection 28.2 (c)(iv) in the A Zone, the minimum rear yard
required on the lands delineated by this subsection shall be 9 metres.
HAL36.22
That in addition to the uses in A Zone (subsection 28.1) a retail fish store, a
boat building shop and a net house shall be permitted on the lands delineated
by this subsection, subject to the following:
A.
In lieu of subsection 28.2:
(a) Minimum Lot Area
- 4,600 square metres
(b) Minimum Lot Frontage
- 60 metres
(c) Minimum Front Yard
- 7 metres
(d) Minimum Interior Side Yard
- 3 metres
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(e) Minimum Rear Yard
- 9 metres
B.
In lieu of subsection 7.8:
Minimum Parking Requirement
- 1 space for every 30 square metres
of ground floor area.
HAL36.23
That in lieu of subsection 13.1, a 40 unit senior citizen apartment building shall
be permitted on the lands delineated by this subsection, subject to a minimum
of 40 parking spaces in lieu of the parking requirements of subsection 7.8 (c).
HAL36.24
That the following provisions shall apply to the lands delineated by this
subsection:
HAL36.24.1
In addition to the uses in the A Zone (subsection 28.1) the following are
permitted:
(a) office and change room facility
(b) electrical substation
(c) man access shaft
(d) ventilation shaft
(e) parking area
HAL36.24.2
In lieu of subsection 28.2, the following shall apply to the uses permitted in
subsection HAL36.24.l:
(a) Minimum Lot Area
- 20 hectares (49.5 acres)
(b) Minimum Lot Frontage
- 700 metres
(c) Minimum Front Yard
- 60 metres
(d) Minimum Side Yard
- 30 metres
(e) Minimum Rear Yard
- 30 metres
HAL36.24.3
In lieu of subsection 6.9, no use accessory to the uses permitted in the
subsection shall be located in any required yard.
HAL36.24.4
In lieu of subsection 7.8, one parking space for every two employees on the
largest shift is required.
HAL36.25
That in addition to the permitted uses in the A Zone (subsection 28.1), sheep
skin tanning and the manufacture of sheep skin products shall also be
permitted on the lands delineated by this subsection.
HAL36.26
That in lieu of the minimum rear yard requirement in the R1-A Zone,
subsection 9.2 (c)(iv), 8.6 metres shall apply to the lands delineated by this
subsection.
HAL36.27
That in lieu of the minimum interior side yard requirement in the R1-B Zone,
0.5 metres on the west side shall apply to the lands delineated by this
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subsection.
HAL36.28
Notwithstanding subsection 7.8, no parking spaces are required on the lands
delineated by this subsection.
HAL36.29
That in addition to the uses permitted in the ML Zone, subsection 24.1, an
automotive parts store may also be permitted on the lands delineated by this
subsection.
HAL36.30
That in addition to the uses permitted in the CG Zone, subsection 16.1, a
boarding house may also be permitted on the lands delineated by this
subsection.
HAL36.31
That in addition to the uses permitted in the MR Zone, subsection 25.1, a
machine shop and metal fabrication shop may also be permitted on the lands
delineated by this subsection.
HAL36.32
That in addition to the uses permitted in the CR Zone, subsection 21.1, a
vehicle sales and rental establishment may also be permitted on the lands
delineated by this subsection.
HAL36.33
That in addition to the uses permitted in the MR Zone, subsection 25.1, a truck
terminal and contractor's yard may also be permitted on the lands delineated
by this subsection. 1304-HC/22
HAL36.34
Repealed by by-law 299-HC-06
HAL36.35
That in addition to the uses permitted in the A Zone, subsection 28.1, a flying
club, including an airstrip, hanger and club house, may be permitted on the
lands delineated by this subsection.
HAL36.36
Notwithstanding subsection 13.2.4 (c), the maximum building height for an
apartment dwelling house shall be 4 storeys on the lands delineated by this
subsection.*
This special provision was updated during the June 2016 Zoning By-law updated.
This special provision once read "Notwithstanding subsection 13.2.3 (c)...", however,
zoning provision 13.2.3 (c) does not exist anymore.
HAL36.37
That subsection 9.2(f), requiring connection to a public water system and
public sanitary system, shall not apply to the lot delineated by this subsection.
HAL36.38
That in addition to the uses permitted in the A Zone, subsection 28.1, an art
gallery may also be permitted on the lands delineated by this subsection.
HAL36.39
That notwithstanding the requirements of subsection 28.3(c), a barn may be
located on the lands delineated by this subsection, a minimum of 15 metres
from the front lot line and a minimum of 15 metres from the front lot line and a
minimum of 30 metres from the eastern lot line.
HAL36.40
That in addition to the uses permitted in the R3 Zone, subsection 12.1, a day
nursery, may also be permitted on the lands delineated by this subsection.
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HAL36.41
That, notwithstanding subsections 16.1 (a) and (k), a retail establishment and
a vehicle sales and rental establishment shall not be permitted on lands
delineated by this subsection.
HAL36.42
That in addition to the uses permitted in the CR Zone, subsection 21.1, a
vehicle sales and rental establishment and open storage accessory thereto,
may also be permitted on the lands delineated by this subsection.
HAL36.43
(This section deleted by By-Law 188-HC-04).
HAL36.44
That in addition to the uses permitted in the CS Zone a fuel storage depot for
home and farm sales may also be permitted on the lands delineated by this
subsection.
HAL36.45
That in addition to the uses permitted in the ML Zone, subsection 24.1, an
autobody shop may also be permitted on the lands delineated by this
subsection.
HAL36.46
That in addition to the uses permitted in the R3 Zone, subsection 12.1, the
following uses may also be permitted on the lands delineated by this
subsection:
Welding shop, the sale and repair of lawn and garden equipment and sports
equipment.
HAL36.47
That in addition to the permitted uses in the A Zone, subsection 28.1, a church
and accessory uses thereto may also be permitted on the lands delineated by
this subsection.
HAL36.48
That in addition to the permitted uses in the HL Zone, subsection 34.1, a one-
family dwelling house, subject to the provisions of the A Zone, may be
permitted on the lands delineated by this subsection.
By-law No. 27-HA 86
That the provisions of Subsection 7.1 (b) Individual Parking Spaces, 16.2 (a) (ii)
exterior side yard, shall not apply to the subject lands and the following shall apply
in lieu thereof:
(a)
Individual Parking Space shall have a minimum width of 2.7 metres and a
minimum length of 5.4 metres.
(b)
Exterior Side Yard Minimum 3 metres.
(c)
Interior Side Yard minimum - 1.5 yards.
By-law No. 37-HA 86
That in addition to the uses permitted in subsection 25.1 Permitted Uses an abattoir,
which may include in association therewith a retail establishment and a meat
packaging and processing plant, shall be permitted on the lands in accordance with
the following provisions:
(a) Minimum Lot Area
1.6 hectares
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(b) Minimum Lot Frontage
124 metres
(c) Minimum Front Yard
13 metres
(d) Minimum Side Yards
6 metres
(e) Minimum Rear Yard
13 metres
By-law No. 39-HA 86
That the provisions of subsection 28.3 shall not apply to the construction of an
accessory building used to house livestock on the lands and the following should
apply in lieu thereof:
(a)
9 metres to any lot line.
HAL36.49
That subsection 6.15 requiring frontage on an improved street, shall not apply
to the lands delineated by this subsection.
HAL36.50
That subsection 17.1 (w) shall not apply to the lands delineated by this
subsection and the following shall apply in lieu thereof: a maximum of eight
(8) dwelling units in a permitted building.
HAL36.51
That in addition to the uses permitted of the "MR" zone the following use shall
also be permitted on the lands identified as having reference to this
subsection:
(a)
paving contractor's yard including office, repair and storage facilities
(b)
general purpose mini-storage facility provided that all storage associated with
this facility is contained within a building.
HAL36.52
That subsection 8.2 (g) Minimum Services shall not apply to the lands
delineated by this subsection and the following shall apply in lieu thereof:
Minimum Services: every dwelling unit shall be connected to a public sanitary sewer
system.
HAL36.53 1. That subsection 28.2 General Zone Provisions of the Agricultural Zone (A)
shall not apply to the lands identified by this subsection and the following shall
apply in lieu thereof:
(a) Minimum Lot Area
.4 hectares
(b) Minimum Lot Frontage
36 metres
(c) Minimum Yard Requirements:
(i)
Front Yard
13 metres
(ii) Exterior Side Yard
13 metres
(iii) Interior Side Yard
10 metres
(iv) Rear Yard
13 metres
(d) Maximum Building Height
11 metres
(e) Minimum Usable Floor Area
80 square metres per dwelling unit.
2.
(This subsection deleted [1-H 87] by By-Law 287-HC/05)
HAL36.54
That subsection 6.15, required frontage on an improved street, shall not apply
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to the lands delineated by this subsection and for the purposes of this by-law,
the front lot line shall be deemed to be the property line adjacent to the
Canadian National Railway lands.
HAL36.55
That in addition to the permitted uses in the HL Zone the following uses shall
be permitted on the lands delineated by this subsection:
1) mini-putt golf facility
2) Renovations to a barn which will contain:
a)
washrooms
b)
equipment storage and an arcade room from May to October
3) a portable trailer to serve as a hamburg stand.
HAL36.56
That in addition to the permitted uses in the A Zone (subsection 28.1) a field
office, change room, fuel storage hydro substation and other accessory
surface uses associated with an underground mining operation shall be
permitted on the lands delineated by this subsection on Schedule A6 and more
accurately shown on Schedule HAL36.56 as subject lands.
HAL36.57
That subsection 8.2 (g) Minimum Services shall not apply to the lands
delineated by this subsection and the following shall apply in lieu thereof:
Minimum Services: every dwelling unit shall be connected to a public sanitary sewer
system.
HAL36.58
That the minimum front yard and maximum height requirements of the General
Commercial zone shall not apply and the following should apply in lieu thereof:
(i) Minimum Front yard
- Nil
(ii) Maximum Building Height
- 12 metres.
HAL36.59
That in addition to the permitted uses in the CR Zone (subsection 21.1) the
sale and molding of lawn ornaments shall be permitted on the lands delineated
by this subsection.
HAL36.60
Repealed.
HAL36.61
That the minimum Lot Frontage requirements of the Urban Residential Type
2 Zone shall not apply and the following shall apply in lieu thereof:
Minimum Lot Frontage 18 metres. In the case of a lot with such minimum frontage
being subdivided for the purpose of separate ownership of semi-detached dwelling
units the minimum Lot frontage shall be 9 metres for each subdivided lot.
HAL36.62
That in addition to the permitted uses in the CG Zone, subsection 16.1, a
compartmentalized warehouse is also permitted on the lands delineated by
this subsection subject to a maximum usable floor area of 200 square metres.
HAL36.63
That subsection 15.2, Zone Provisions, of the RS zone not apply to the lands
having reference to this subsection and the following shall apply in lieu thereof:
(a) Minimum Lot Area
- 460 sq. metres
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(b) Minimum Lot Frontage
- 15 metres
(c) Minimum Yard Requirements
(i) west site yard
- .91 metres
(ii) east side yard
- .88 metres
(iii) front yard
- 6 metres
(iv) rear yard
- 9 metres
(d) Maximum Building Height
- 11 metres
(e) Minimum Useable Floor Area
- 66 square metres.
HAL36.64
That in addition to the permitted uses in the A Zone, subsection 28.1, a
wholesale pet food and supply outlet shall also be permitted on the lands
delineated by this subsection.
HAL36.65
That subsection 8.2(g), requiring connection to a public sanitary sewer
system, shall not apply to the lot delineated by this subsection.
HAL36.66
That in addition to the permitted uses in the CR Zone, subsection 21.1, an
antique shop is also permitted on the lands delineated by this subsection.
HAL36.67
That subsection 8.2 (g), requiring connection to a public water system and
sanitary sewer system, shall not apply to the lot delineated by this subsection.
HAL36.68
That subsection 8.2(g), requiring connection to a public water system and
public sanitary sewer system, shall not apply to the lot delineated by this
subsection.
HAL36.69
That the requirements of subsection 13.2.1 (b) Minimum Lot Frontage;
13.2.1(c) (iv) Minimum Yard Requirements, rear yard; 13.2.1(f) Minimum
Usable Floor Area; 7.1(b) and 7.2.3 (b) shall not apply and the following shall
apply in lieu thereof:
(a) Minimum Lot Frontage
- 27 metres
(b) Minimum Rear Yard
- 3.5 metres
(c) Minimum Usable Floor Area
- 70 square metres per dwelling unit
(d) Individual Parking Space
minimum width
- 3 metres,
minimum length
- 5.4 metres
(e) Parking shall be permitted in the required front yard.
HAL36.70
That in addition to the uses permitted in the RH Zone (subsection 14.1) a two
family dwelling house shall also be permitted. The existing building or
structure is deemed to conform to the requirements of Zoning By-law 1-H 86.
HAL36.71
That in addition to the uses permitted in the CR Zone (subsection 21.1) a food
processing plant shall also be a permitted use provided there is not a high
requirement of sewage treatment or a high volume requirement of water.
HAL36.72
(i) That notwithstanding Section 34.1, being the permitted uses of the
"Hazard Land" zoning category, lands identified as "Hazard Land" and
having reference to this subsection shall be used in accordance with
Section 28.1, being the permitted uses of the "Agricultural" zoning
category.
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(ii) That subsection 28.2, being the zone provisions of the "Agricultural"
zoning category, and subsection 34.2, being the zone provisions of the
"Hazard Land" zoning category, shall not apply to lands having reference
to this subsection and that the following zone provisions shall apply in lieu
thereof:
(a) Minimum Lot Area
.81 hectares, with the exception that the minimum lot area for the lands
described as Part 1 on Map "B" shall be .76 hectares
(b) Minimum Lot Frontage
- 45 metres
(c) Minimum Yard Requirements
(i)
front yard
- 13 metres
(ii) exterior side yard
- 13 metres
(iii) interior side yard
- 3 metres
(d) Minimum Rear Yard Requirement
13 metres, excepting that the minimum rear yard requirement for lands
identified as "Hazard Land" and having reference to this subsection shall
be as shown on Schedule HAL36.72.1 (attached to and forming part of this
By-law.)
(e) Maximum Building Height
- 11 metres
(f)
Minimum Usable Floor Area -167sq.metres.
HAL36.73
That in addition to the uses permitted in the CR Zone (subsection 21.1) a
wholesale lighting establishment, a retail patio furniture and patio deck
establishment and carpet storage shall also be permitted on the lands having
reference to this subsection.
And that the additional sales and storage uses for: floor supplies, flooring
accessories, floor installation supplies, paint, wallpaper and accessories,
decorating supplies, furniture, and furniture accessories shall also be
permitted.
And that the minimum number of required parking spaces is 53.
HAL36.74
That the provisions of subsection 10.2 (c) (ii) shall not apply to the lands
delineated by this subsection and the following shall apply in lieu thereof:
Minimum exterior side yard - 3.7 metres.
HAL36.75
That in addition to the uses permitted in the RS Zone (subsection 15.1) a one
family dwelling house shall also be permitted on the lands delineated by this
subsection.
HAL36.76
That the barn existing on the lands delineated by this subsection not be used
for the housing of any animals.
HAL36.77
(a) That subsection 6.15, requiring frontage on an improved street, shall
not apply to the lands delineated by this subsection.
(b) That in addition to the permitted uses of the MX Zone, subsection 27.1,
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the manufacturing and storage of explosives, shall also be permitted on
the lands delineated by this subsection.
HAL36.78
(a) That notwithstanding subsection 13.1(a), two, three and four family
dwelling houses shall not be permitted on the lands delineated by this
subsection.
(b) That subsection 6.15 required frontage on an improved street shall not
apply to the lands delineated by this subsection and for the purposes of
this by-law the front lot line shall be deemed to be the east lot line.
(c) That notwithstanding subsection 6.21 (c), balconies, canopies, awnings,
unenclosed porches and steps may project into any required front or rear
yard a distance of not more that 3.05 metres.
HAL36.79
(a) THAT notwithstanding subsection 16.1(a), a maximum of fifteen (15)
dwelling units in a permitted commercial building shall be permitted on the
lands identified as having reference to this subsection.
(b) THAT notwithstanding subsection 7.8, the minimum parking requirements
shall be 1 parking space for every 20 square metres of usable floor area,
or part thereof for the lands identified as having reference to this
subsection.
(c) That in addition to the uses permitted in the "CG" Zone (subsection 16.1),
a wine making establishment shall also be permitted on the lands identified
as having reference to this subsection.
HAL36.80
That in lieu of the uses permitted in the CS Zone (subsection 17.1) only a
vehicle sales and rental establishment shall be permitted on the lands
delineated by this subsection.
HAL36.81
That, on the lands delineated by this subsection, the following shall apply:
(a) in addition to the uses permitted in the A Zone (subsection 28.1) a custom
woodworking shop and a kiln for drying wood shall also be permitted.
(b) The maximum floor area for a custom woodworking shop shall be 93
square metres.
HAL36.82
That a setback of 15.2 metres from the centreline of the seasonal drain be
maintained for the location of any building or structure on lands having
reference to this subsection.
HAL36.83
THAT, on the lands delineated by this subsection, the following shall apply:
a) In addition to the uses permitted in the RH Zone, an antique shop shall
also be permitted.
b) The Minimum Lot Area and Minimum Lot Frontage requirements of the RH
Zone shall not apply and the following shall apply in lieu thereof:
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i)
Minimum Lot Area - 1,698 square metres
ii)
Minimum Lot Frontage - 22.8 metres.
HAL36.84
That on the lands delineated by this subsection, the following shall apply:
a) In addition to the uses permitted in the RS zone (subsection 15.1) a one
family dwelling house shall also be permitted.
b) In lieu of the minimum lot area requirement of subsection 15.2(a), the
minimum lot area shall be 4,050 square metres.
c) A minimum setback of 52 metres shall be maintained from the Lakeshore
Road in which no buildings or structures, except a chain-link boundary
fence not exceeding 2 metres in height, shall be permitted on those lands
identified as having reference to subsection HAL36.84, save and except
those lands identified as having reference to subsection HAL36.84.1.
HAL36.84.1
On those lands identified as having reference to this subsection, no buildings,
structures, walkways, fences or any manner of soil disturbance shall be
permitted.81
HAL36.85
That in addition to the uses permitted in the A zone (subsection 28.1), the
following uses shall also be permitted on the lands identified as having
reference to this subsection:
1. farm implement sales and services,
2. open storage accessory to a farm implement sales and service
establishment.
HAL36.86
a) That the provisions of subsection 7.1.3 (a) shall not apply to the lands
delineated by this subsection and the following shall apply thereof:
Have a minimum width of 2.75 metres and a minimum length of 6 metres.*
b) That the provisions of subsection 7.10.4 shall not apply to the lands
delineated by this subsection and the following shall apply in lieu thereof:
A minimum of 39 parking spaces shall be provided. **
* This special provision was updated during the June 2016 Zoning By-law
updates. This special provision once read "That the provision of subsection
7.1(b) shall not apply...", however zoning provision 7.1 (b) does not exist
anymore.
** This special provision was updated during the June, 2016 Zoning By-law
update. The special provision once read "that the provisions of subsection 7.8
shall not apply...", however zoning provision 7.8 does not exist anymore.
HAL36.86.1
That in addition to the uses permitted in the A Zone (subsection 28.1) a
contractor's yard shall also be permitted on the lands having reference to this
subsection.
HAL36.87
(This section repealed by by-law 501-HC-07)
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HAL36.88
THAT the provision of subsection 12.2.2(a) Minimum Lot Area and subsection
12.2.2(b) Minimum Lot Frontage shall not apply to the lands identified as having
refere to this subsection and the following shall apply in lieu thereof:
(a) Minimum Lot Area
960 square metres
(b) Minimum Lot Frontage
24 metres
HAL36.89 THAT notwithstanding any provision to the contrary, a maximum of 20
apartment dwelling units shall be permitted on the land identified as having
reference to this subsection.
HAL36.90
THAT the provisions of subsection 28.2(b) shall not apply to the lands identified
as having reference to this subsection.
HAL36.91
THAT in addition to the permitted uses of the A Zone (subsection 28.1) a salvage
yard shall also be permitted on the lands identified as having reference to this
subsection.
HAL36.91A That in addition to the uses permitted in the R3 Zone (subsection 12.1) a day
care centre shall also be permitted on the lands identified as having reference
to this subsection. By-law 16-H-91
HAL36.92
THAT subsection 16.1(u) shall not apply to the lands identified as having
reference to this subsection.
HAL36.93
THAT in lieu of the permitted uses of the MG Zone (subsection 23.1) the
following shall be permitted on the lands identified as having reference to this
subsection:
a) Processing, manufacturing and light assembly plant provided there is not a
high requirement of municipal sewage treatment in either strength or
quantity of waste, or a high volume requirement of municipal water
b) fertilizer dealership
c) truck terminal
d) research and development facilities
e) industrial supply establishment
f) retail sales related to an industry on the same lot
g) industrial offices
h) day care centre
i) fitness and health care facilities
j) sports facilities
k) merchandise service shop
l) lumber yard and building supply establishment
m) custom workshop
n) farm implement sales and service establishment
o) industrial garage
p) warehouse
q) wholesale establishment
r) facilities and offices for engineering, surveying and any similar activity
s) contractor's yard
t) public utility yard
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u) trade school
v) firehall
w) police station
x) ambulance service
y) open storage accessory to a permitted use
HAL36.94
THAT notwithstanding subsection 24.1(x), open storage accessory to a
permitted use shall not be permitted on the lands identified as having reference
to this subsection.91
HAL36.95
THAT the following provisions shall apply to the lands identified as having
reference to this subsection:
HAL36.95.1 In addition to the uses permitted in the MG Zone (subsection 23.1), the following
uses shall also be permitted:
a) catering establishment and accessory place of assembly
b) bank
c) medical and dental offices
d) restaurant
e) automobile service station
f) vehicle sales or rental establishment
HAL36.95.2
In addition to the zone provisions in the MG Zone (subsection 23.2), the
following provisions shall also apply:
Medical and Dental Offices - A maximum of 3 Medical and Dental offices shall
be permitted on the lands identified as having reference to this subsection and
such offices shall be limited to a maximum usable floor area of 140 square
metres per office unit.
HAL36.96
(a) That subsection 6.15, requiring frontage on an improved street shall not
apply to the lands identified as having reference to this subsection.
(b) That the provisions of subsection 15.2 (d) shall not apply to the lands
identified as having reference to this subsection and the following shall
apply in lieu thereof:
Maximum Building Height
1 storey.
HAL36.97
"In addition to the permitted uses of the OS Zone (Subsection 32.1), a
Children's Camp shall also be permitted on the lands identified as having
reference to this subsection.
HAL36.98
Deleted by By-law No. 27H-92.
HAL36.99
That in addition to the uses permitted in the A Zone (Subsection 28.1) a
hardware store and lumber yard shall also be permitted on the lands
identified as having reference to this subsection.
HAL36.99A
(a) That notwithstanding subsection 13.2.3(b) a maximum of 12 dwelling
units shall be permitted on the lands identified as having reference to
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this subsection.
(b) That notwithstanding subsection 13.2.3(c), the maximum building
height shall be 2.5 storeys for the lands identified as having reference
to this subsection.
HAL36.100
That in addition to the permitted uses of the A Zone, (Subsection 28.1) a
mobile home for seasonal workers shall also be permitted on the lands
identified as having to this subsection.
HAL36.101
That subsection 6.15, required frontage on an improved street, shall not apply
to the lands identified as having reference to this subsection and for the
purposes of this by-law, the front lot line shall be deemed to be west lot line.
HAL36.102
That in addition to the uses permitted in the ML Zone (subsection 24.1) a truck
terminal shall also be permitted on the lands identified as having reference to
this subsection.
HAL36.103
That notwithstanding the provisions of the ML Zone (Section 24), the lands
identified as having reference to this subsection and more accurately shown
on Schedule HAL36.103 as the subject lands are hereby deemed to be a
buffer area and no building or structure shall be erected within this buffer area.
HAL36.104
That notwithstanding subsection 13.1 (d), an apartment dwelling house shall
not be permitted on the lands identified as having reference to this subsection.
HAL36.105
That the provisions of subsection 28.2 (a) (Minimum Lot Area) and 28.2 (b)
(Minimum Lot Frontage) shall not apply to the lands identified as having
reference to this subsection.
HAL36.106
That notwithstanding subsection 16.1 (i) an automobile service station shall
not be permitted on the lands identified as having reference to this subsection.
HAL36.107
That notwithstanding the permitted uses of the A Zone (subsection 28.1), no
buildings or structures shall be permitted on the lands identified as having
reference to this subsection and more accurately shown on Schedule
HAL36.107.
HAL36.108
That notwithstanding the uses permitted in the CG Zone (subsection 16.1)
only a bank shall be permitted on the lands identified as having reference to
this subsection.
HAL36.109
That the provisions of subsection 15.2 (b) shall not apply to the lands identified
as having reference to this subsection and the following shall apply in lieu
thereof:
Minimum Lot Frontage - 15.24 metres.
HAL36.110
That the provisions of subsection 15.2(a) and 15.2(d) shall not apply to the
lands identified as having reference to this subsection and the following shall
apply in lieu thereof:
Minimum Lot Area - 600 square metres
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Maximum Building Height - 1 storey.
HAL36.111
(a) That the provisions of subsection 13.2.1 shall not apply to the lands
identified as having reference to this subsection and the following shall
apply in lieu thereof:
(i) Min. Lot Area:
156 sq. m. for an Interior Lot
216 sq. m. for an End Unit Lot
264 sq. m. for a Corner Lot
(ii) Min. Lot Frontage:
6.0m. for an Interior Lot
7.2m. for an End Unit Lot
11.0m. for a Corner Lot
(iii) Min. Front Yard Setback:
6.0m. for attached garages
3.6m. for dwelling units
(iv) Min. Exterior Side Yard:
5.0m.
(v) Min. Interior Side Yard:
1.2m. except in the case of a lot
being subdivided for the purpose of
separate ownership of townhouse
dwelling units, no side yard needs to
be provided along the common side
lot line between the lots created by
the subdivision.
(vi) Min. Rear Yard:
7.5m.
(vii) Min. Useable Floor Area:
65.0 sq.m.
(b)
That the definition of "Townhouses" contained in subsection 4.25.5 shall not
apply to the lands identified as having reference to this subsection and the
following definition shall apply in lieu thereof:
"TOWNHOUSES shall be a dwelling house comprising 2 or more dwelling
units with each dwelling unit being subdivided from one another by an above
grade vertical common wall, a minimum of 10 square metres in area with each
dwelling unit having direct access to a rear yard".
HAL36.112
(a) That in addition to the permitted uses of the IC Zone (subsection 29.1)
offices shall also be permitted on the lands identified as having reference
to this subsection.
(b) That offices which for the purpose of this provision shall not include
government or public utility offices, shall not occupy more than 25% of the
building located on the lands identified as having reference to this
subsection.
HAL36.113
(a) That in addition to the uses permitted in the "A" Zone (subsection 28.1) a
country inn shall also be permitted in conjunction with and secondary to a
single-family dwelling house on the lands identified as having reference
this subsection.
(b) That for the purposes of this subsection, a country inn shall be defined as
an establishment utilizing a maximum of two guest rooms and a restaurant
with a maximum dining area of 135 square metres.
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(c) That all operations of a country inn must be carried on entirely within the
principle building containing the single-family dwelling house.
HAL36.114
That in lieu of the uses permitted in the "CG" Zone (subsection 16.1) only the
following uses shall be permitted:
(a) office, including a government office
(b) animal hospital.
(c) residential school
For the purpose of this subsection, a residential school shall be defined as a place,
building or part of a building where persons living under supervision in a single
housekeeping unit are offered vocational or other educational training, including, but
not limited to, training in specific trades, skills or crafts.
For the purpose of this subsection, the minimum parking requirement for a residential
school shall be 20 spaces.
HAL36.115
That subsection 6.15 requiring frontage on an improved street shall not apply
to the lands identified as having reference to this subsection and that in lieu of
the permitted uses and the general zone provisions in the A Zone (subsections
28.1 and 28.2) the following shall apply to the lands identified as having
reference to this subsection.
Permitted Uses
(a) vacation home
General Zone Provisions
(a)
Minimum Lot Area
690 square metres
(b)
Minimum Lot Frontage
28 metres
(c)
Minimum Yard Requirements
(i) front yard 9 metres
(ii) side yard 2.8 metres
(iii) rear yard 3.6 metres
(d)
Maximum Building Height
1 storey
(e)
Minimum Usable Floor Area
80 square metres per dwelling unit
(f)
Maximum Lot Coverage
27 percent
HAL36.116
That the following provisions shall apply on the lands identified as having
reference to this subsection:
(a) That subsection 6.15 requiring frontage on an improved street shall not
apply.
(b) That the southerly property line shall be deemed to be the front lot line.
(c) That in addition to the permitted uses of the A Zone (subsection 28.1) the
following uses shall also be permitted:
i)
office and change room facility
ii)
electrical substation
iii) man access shaft
iv) ventilation shaft
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v)
parking area.
HAL36.117
That the provisions of subsections 4.25.5, 6.20(a) and 13.2.2(b) shall not apply
to the lands identified as having reference to this subsection and the following
shall apply in lieu thereof:
(a) "TOWNHOUSES" shall mean a dwelling house comprising four or more
dwelling units with each dwelling unit being divided one from the other by
an above grade vertical common wall, a minimum of 10 square metres in
area and with each dwelling unit having direct access to a yard.
(b) The minimum separation distance between any dwelling unit and the
railway right-of-way shall be 30 metres.
(c) Minimum Lot Frontage - 20 metres.
HAL36.118
(a) That in addition to the permitted uses of the "A" Zone (subsection 28.1)
the following uses shall also be permitted on the lands identified as having
reference to this subsection:
i)
agriculturally-oriented auction centre
ii)
snack bar accessory to an agriculturally-oriented auction centre
(b) For the purpose of this subsection, an AGRICULTURALLY-ORIENTED
AUCTION CENTRE shall mean a building or land wherein livestock and
other agricultural products, goods and merchandise are offered for sale to
the general public by auction and may include as secondary and ancillary
thereto the auctioning and vending of non-agricultural products goods and
merchandise.
HAL36.119
That in addition to the permitted uses of the ML Zone (subsection 24.1) the
following uses shall also be permitted on the lands identified as having
reference to this subsection:
(a) custom cabinet production and sales
(b) retail floor covering sales outlet
HAL36.120 (a) That in addition to the permitted uses of the A Zone (subsection 28.1) a
model aircraft flying club shall also be permitted on the lands identified as
having reference to this subsection.
(b) That notwithstanding subsection 6.1(i) no buildings or structures
accessory to a model aircraft flying club shall be permitted on the lands
identified as having reference to this subsection.
HAL36.121
Repealed by By-law 1074-HC/18.
HAL36.122
That subsection 6.15 requiring frontage on an improved street shall not apply
to the lands identified as having reference to this subsection and for the
purposes of this By-law, the front lot line shall be deemed to be the southerly
lot line.
HAL36.123
That the provisions of subsection 15.2(a) and 15.2(b) shall not apply to the
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lands identified as having reference to this subsection and the following
provisions shall apply in lieu thereof:
Minimum Lot Area
800 square metres
Minimum Lot Frontage
15 metres
HAL36.124
That subsection 6.15 requiring frontage on an improved street shall not apply
to the lands identified as having reference to this subsection and for the
purposes of this By-law, the front lot line shall be deemed to be the northerly
lot line.
HAL36.125
That in addition to the permitted uses of the A Zone (subsection 28.1) the sale
of nursery stock shall also be permitted on the lands identified as having
reference to this subsection.
HAL36.126
That the provisions of subsection 28.2(a) shall not apply to the lands identified
as having reference to this subsection and the following shall apply in lieu
thereof:
Minimum Lot Area - 950 square metres.
HAL36.127
Within the area identified as having reference to this subsection, no land shall
be used and no building or structure shall be used, altered or erected for any
purpose which contravenes the Minimum Distance Separation (MDS)
requirement of the Agricultural Code of Practice as determined in accordance
with Schedule "B" to this By-law.
HAL36.128
That the provisions of subsection 9.2(c)(i), minimum yard requirements - front
yard and subsection 9.2(c)(iii), minimum yard requirements - interior side yard,
shall not apply to the lands identified as having reference to this subsection
and the following shall apply in lieu thereof:
Minimum Front Yard - 3 metres
Minimum Interior Side Yard - 3 metres on one side and 1.8 metres on the
other side.
HAL36.129
That in addition to the permitted uses of the A Zone (Subsection 28.1) a
portable bunkhouse for the temporary housing of students on the farm shall
also be permitted on the lands identified as having reference to the subsection,
subject to the following provisions:
Minimum Yard Requirements -
(a) Front Yard
- 80 metres
(b) Interior Side Yard (right)
- 170 metres
(c) Interior Side Yard (left)
- 50 metres
(d) Rear Yard
- 110 metres
HAL36.130
That notwithstanding the permitted uses and zone provisions of the "Hazard
Land" Zoning category (Section 34), a 9.76 metre by 7.32 metre, one-storey
vacation home shall be permitted on lands identified as having reference to
this subsection.
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HAL36.131
That in addition to the permitted uses of the "Agricultural" zoning category
(Section 28.1), no buildings or structures shall be permitted on lands identified
as having reference to this subsection.
HAL36.132(A) That in addition to the permitted uses of the "Open Space" Zoning category
(Section 32) a co-operative pre-school shall be permitted on those lands
identified as having reference to this subsection.
HAL36.132(B) That in addition to the permitted uses of the "A" Zone (subsection 28.1),
parking associated with the racing of motorized vehicles and a tent and trailer
park shall also be permitted on those lands identified as having reference to
this subsection.
HAL36.133
By-law 581-HC-08 deleted By-law 25-H-93.
HAL36.134
That notwithstanding subsections 15.2(a), (b), (c)(i) and (d), the following
provisions shall apply on the lands identified as having reference to this
subsection:
Minimum Lot Area
- 400 square metres
Minimum Lot Frontage
- 6 metres
Minimum Front Yard
- 0.5 metres
Maximum Building Height
- one storey
HAL36.135
That the following shall apply on the lands identified as having reference to
this subsection:
(a) That notwithstanding subsection 7.8, the minimum parking requirement
shall be 26 spaces.
(b) That notwithstanding subsection 16.2(a)(iii), the minimum interior side
yard abutting a residential zone shall be nil.
HAL36.136
That the following shall apply on the lands identified as having reference to
this subsection:
(a) That in addition to the permitted uses of the "R1" Zone (subsection 8.1), a
hairdressing salon shall also be permitted in accordance with the
provisions for home occupations as set out in subsection 6.8.
(b) That notwithstanding subsection 6.1(h), there shall be no advertising other
than a plate or facia sign which may be illuminated but is not flashing, is
not larger than 0.2 square metres (2.1 square feet) in area and is attached
to the main building.
(c) That notwithstanding subsection 7.2.3(a), both required parking spaces for
the dwelling unit may be located in the required front yard.
HAL36.137
That the following shall apply on the lands identified as having reference to
this subsection:
(a) That in addition to the permitted uses of the "R1" Zone (Subsection 8.1), a
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hairdressing salon shall also be permitted in accordance with the
provisions for home occupations as set out in subsection 6.8.
(b) That notwithstanding subsection 6.1(h), there shall be no advertising other
than a plate or facia sign which may be illuminated but is not flashing, is
not larger than 0.2 square metres (2.1 square feet) in area and is attached
to the main building.
HAL36.138
That the provisions of subsection 28.2(b) (Minimum Lot Frontage) shall not
apply on the lands identified as having reference to this subsection.
HAL36.139
That for the purposes of this by-law, the front lot line shall be deemed to be
the easterly lot line on those lands identified as having reference to this
subsection.
HAL36.140
That in addition to the permitted uses of the A Zone (subsection 28.1), the
following provisions shall also apply to the lands identified as having reference
to this subsection and more accurately shown on Schedule HAL36.140:
(a) The service and repair of non-farm related trucks and truck trailers as a
secondary use to a farm implement sales and service establishment shall be
permitted on those lands identified as Part 1 on Schedule HAL36.140.
(b) The storage of non-farm related truck and truck trailer parts as an ancillary
use to the service and repair of non-farm trucks and truck trailers shall be
permitted on those lands identified as Part 2 on Schedule HAL36.140.
(c) The open storage of non-farm related trucks and truck trailers as an
ancillary use to the service and repair of non-farm related trucks and truck
trailers shall be permitted on those lands identified as Part 3 of Schedule
HAL36.140.
HAL36.141
That notwithstanding subsection 10.2(c)(iv), the Minimum Rear Yard setback
shall be 7.5 metres on those lands identified as having reference to this
subsection.
HAL36.142
That notwithstanding subsection 10.2(c)(ii), the Minimum Exterior Side Yard
setback shall be 4 metres on those lands identified as having reference to this
subsection and more accurately shown on Schedule HAL36.142.
That notwithstanding subsections 15.2(a) and (b), the following provisions
shall apply on the lands identified as having reference to this subsection:
Minimum Lot Area
- 690 square metres
Minimum Lot Frontage
- 15 metres0
HAL36.143
That in addition to the permitted uses in the "CG" Zone (subsection 16.1), a
one family dwelling house shall also be permitted on the lands identified as
having reference to this subsection.
HAL36.144
That the provisions of subsections 5.5, 5.6, 6.24 and 6.25, Section 35A and
Schedules B1 to B18, inclusive, shall not apply to the lands identified as having
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reference to this subsection for such time as a certificate of approval under
the Environmental Protection Act remains in existence pertaining to such
lands.
0
HAL36.145
That the provisions of subsection 28.2 (b) shall not apply to the lands identified
as having reference to this subsection.
HAL36.146
(a) That in addition to the permitted uses of the "A" Zone (subsection 28.1), a
salvage yard shall also be permitted on the lands identified as having
reference to this subsection.
(b) Notwithstanding subsection HAL36.146 (a), no salvage yard operation
shall be permitted to expand beyond the area of site occupation legally
existing on August 29, 1994.
10
HAL36.147
(a) That notwithstanding the permitted uses of the "CG" Zone (subsection
16.1), subsection HAL36.132 or any other provisions contained in this by-
law, lands identified as having reference to this subsection shall only be
used for the purpose of a gymnasium and auditorium.
(b) That the provisions of subsection 16.2(a)(i), (iii), (iv) and subsection 7.8
shall not apply to the lands identified as having reference to this subsection
and the following shall apply in lieu thereof:
Minimum yard requirements:
(i)
front yard
78 metres
(ii)
interior side yard (right)
12 metres
(left)
4.5 metres
(iii)
rear yard
4.5 metres
Minimum number of parking spaces 40
(c) That subsection 6.15 requiring frontage on an improved street shall not
apply to the lands identified as having reference to this subsection and for
the purposes of this by-law, the front lot line shall be deemed to be the
southerly lot line.
HAL36.148
(a) That notwithstanding the permitted uses of the "OS" Zone (subsection
32.1), subsection HAL36.132 or any other provisions contained in this by-
law, lands identified as having reference to this subsection shall only be
used as a park. No buildings or structures shall be permitted.
HAL36.150
That in addition to the provisions of the MG Zone (section 23), the following
provisions shall also apply to the lands identified as having reference to this
subsection:
HAL36.150.1 In addition to the open storage provisions of subsection 23.2(f), the following
shall also apply:
(a) no lands within 60 metres of any residential lot shall be used for open
storage;
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(b) no lands within 9 metres of any provincial street shall be used for open
storage;
(c) open storage on any lands within 75 metres of any provincial or regional
streets shall be screened by a hedge or fence having a minimum height of
2 metres which shall provide a complete visual barrier;
(d) open storage shall be restricted to a maximum of 20 percent of the entire
lot area for any lot in whole or in part within 30 metres of any provincial
street.
HAL36.150.2 Notwithstanding any provision to the contrary, the following lands shall only be
used for landscaping purposes:
(a) six metres along the frontage of all lands abutting Regional Road No. 66
and Argyle Street;
(b) six metres adjacent to any residential lot.
HAL36.150.3 That in addition to the provisions of the MG Zone, no building or structure shall
be erected within 14.0 metres of any provincial street.
HAL36.150.4 That notwithstanding any provision to the contrary, no building or structure
shall be used, altered or erected within 15 metres of the lot located in part of
Lot 8, Range East of Plank Road in the former Township of Seneca, and more
specifically assigned Assessment Roll No. 28-15-020-005-01000 and known
municipally as 80 Regional Road 66.
HAL36.150.5 That notwithstanding the permitted uses of the MG Zone (section 23.1), the
following uses shall not be permitted within 75 metres of Regional Road No.
66:
(a) fertilizer dealership;
(b) fuel storage depot for home and farm sales;
(c) truck terminal;
(d) metal stamping operation.
HAL36.150.6 For the purposes of subsection HAL36.150, a residential lot shall be defined
as a lot of record being less than one hectare in area, on which a one family
dwelling house has been erected.
HAL36.151
That in addition to the provisions of the MG Zone (section 23), the following
provisions shall also apply to the lands identified as having reference to this
subsection:
HAL36.151.1 In addition to the open storage provisions of subsection 23.2(f), the following
provision shall also apply:
(a) No lands within 60 metres of any residential lot shall be used for open
storage.
HAL36.151.2 Notwithstanding any provision to the contrary, the following lands shall only be
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used for landscaping purposes:
(a) six metres along the frontage of all lands abutting Regional Road No. 66
and Argyle Street.
(b) six metres adjacent to any residential lot.
HAL36.151.3 Notwithstanding the zone provisions to the contrary, a minimum setback of 15
metres from the limits of any railway right-of-way shall apply.
HAL36.151.4 For the purposes of subsection HAL36.151, a residential lot shall be defined
as a lot of record being less than one hectare in area, on which a one family
dwelling house has been erected.
HAL36.152(A) That in addition to the permitted uses of the MG Zone (subsection 23.1), the
following uses shall also be permitted on the lands identified as having
reference to this subsection:
(a) hotel, motel, motor-hotel,
(b) swimming pool sales and service establishment,
(c) garden supply centre,
(d) commercial greenhouse and tree and plant nursery,
(e) sheet metal, plumbing, heating, electrical or woodworking shop or any
similar activity.150
HAL36.152(B) (a) That in addition to the permitted uses of the R2 Zone (subsection 11.1),
professional offices shall also be permitted on the lands identified as
having reference to this subsection.
(b) That for the purposes of this subsection, professional office use shall be
limited to a maximum of 80 square metres.
HAL36.153
That notwithstanding subsection 6.20(a), the minimum separation distance
between any dwelling unit and the railway right-of-way shall be 10 metres.
HAL36.154
That the following shall apply on the lands identified as having reference to
this
subsection:
(a)
That the provisions of subsection 13.2.3(a) shall not apply and the following
provisions shall apply in lieu thereof:
Apartment Dwelling House
(a)
Minimum Yard Requirements:
(i) front yard
3 metres
(ii) exterior side yard
3 metres
(iii) interior side yard
3 metres
(iv) rear yard
5.5 metres
(b)
That for the purpose of this subsection, the lot line adjacent Heriot Street shall
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be deemed to be the front lot line and the lot line adjacent King Street shall be
deemed to be the exterior lot line.
(c)
That for the purpose of this subsection, the maximum building height shall be
2 storeys.
(d)
That notwithstanding subsection 6.14, a maximum of two apartment dwelling
houses shall be permitted.
(e)
That a maximum of 12 apartment dwelling units shall be permitted.
(f)
That notwithstanding subsection 7.8, the minimum number of parking spaces
shall be 17.
(g)
That subsection 7.2.3(c) shall not apply.
HAL36.155
That notwithstanding the permitted uses and zone provisions of the HL Zone
(Section 34), replacement of the one-family dwelling house existing on the
lands identified as having reference to this subsection shall be permitted
subject to the following provision:
(a) replacement shall be limited to the easterly 9.3 metre by 6.3 metre portion
of the existing one-family dwelling as shown on Schedule HAL36.155.
HAL36.156
That in addition to the permitted uses of the A Zone (subsection 28.1) , a flat-
bed trailer construction establishment shall also be permitted on the lands
identified as having reference to this subsection, subject to the following
provisions:
(a) the flat-bed trailer construction establishment shall be permitted only as
secondary use to a one-family dwelling house;
(b) the flat-bed trailer construction establishment shall be carried on entirely
within the existing 7.6 metre (25 foot) by 15.2 metre (50 foot) accessory
building; and
(c)
there shall be no open storage accessory to the flat-bed trailer construction
establishment.
HAL36.157
That notwithstanding the permitted uses of the A Zone (subsection 28.1), no
buildings or structures shall be permitted on the lands identified as having
reference to this subsection and more accurately shown as Part 2 on Schedule
HAL36.157.
HAL36.158
That the following shall apply on the lands identified as having reference to
this subsection:
(a)
That the provisions of subsection 16.2 (a) (i) and (ii) shall not apply and the
following provisions shall apply in lieu thereof:
(a) Minimum Yard Requirements:
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(i)
front yard
- 2 metres
(ii) exterior side yard
- 1.5 metres
(b)
That for the purpose of this subsection, the most northerly lot line adjacent to
Wigton Street shall be deemed to be the front lot line and the lot line adjacent
to Argyle Street shall be deemed to be the exterior lot line.
(c)
That notwithstanding subsection 6.19, a gazebo, tables and chairs for outdoor
seating and one sign may be permitted within the site triangles adjacent to
Argyle and Wigton Streets.
(d)
That notwithstanding subsection 7.8, the minimum number of parking spaces
shall be 25.
(e)
That notwithstanding subsection 7.1(b), parking spaces shall have a minimum
width of 2.75 metres and a minimum length of 6 metres, save and except the
first three (3) spaces nearest to the exterior lot line, as defined by this
subsection, and adjacent to the rear lot line, which shall have a minimum width
of 2.75 metres and a minimum length of 4.85 metres.
(f)
That, for the purpose of this subsection, the maximum usable floor areas for
restaurant and retail uses shall be as follows:
restaurant
- 250 square metres
retail
- 120 square metres
HAL36.159
Special provision not approved.
HAL36.161
That in addition to the uses permitted in the R1 Zone (subsection 8.1), a
boarding house may also be permitted on the lands identified as having
reference to this subsection, subject to the following provisions:
(a)
for the purposes of this subsection, a boarding house shall mean a dwelling
unit also comprising a maximum of three (3) rooms used or maintained for the
accommodation of not more than four (4) boarders or lodgers;
(b)
for the purposes of this subsection, the minimum guest room area for a double-
occupancy room shall be 12 square metres;
(c)
notwithstanding subsection 7.8, the minimum number of parking spaces
required for the dwelling house and boarding house combined shall be three
(3).
HAL36.162
That the provisions of subsection 6.17(a), 6.21, 28.1, 28.2(a) and 28.2(c)(i)
shall not apply to the lands identified as having reference to this subsection
and the following shall apply in lieu thereof:
(a)
The minimum setback between any dwelling unit and the centreline of any
street under the jurisdiction of the Town shall be 9.1 metres.
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(b)
The only use permitted shall be a one-family dwelling house.
(c)
The minimum lot area requirement shall be 836 square metres.
HAL36.163
(a) That in addition to the permitted uses of the A Zone (subsection 28.1), a
museum and interpretive centre and a tent and trailer park shall also be permitted on
lands identified as having reference to this subsection.
HAL36.164
(a) That notwithstanding the permitted uses of the A Zone (subsection 28.1)
or subsection HAL36.163, no buildings or structures shall be permitted on the lands
identified as having reference to this subsection and more accurately shown as Part
2 on Schedule HAL36.164.160
HAL36.165
The following provisions shall apply to the lands identified as having reference
to this subsection:
(a)
In addition to the permitted uses of the A Zone (Subsection 28.1), a truck depot
and freight transfer station shall also be permitted.
(b)
Notwithstanding any other provisions contained in this by-law, for the purpose
of this subsection HAL36.165, the following definitions shall apply:
i) TRUCK DEPOT AND FREIGHT TRANSFER STATION shall mean lands
and buildings wherein trucks and trailers are parked, leased and/or
dispatched for the haulage of agricultural produce and may include as
ancillary thereto a facility for the maintenance and repair of said trucks and
trailers operated from the lands provided that said maintenance and repair
is limited to minor activities such as changing tires, replacing engine oils,
replacing headlights and any similar activity, but shall not include major
repairs such as the overhauling of engines or components thereof.
All maintenance and repair functions referred to in this definition shall be
confined to the interior of a building located on the lands.
ii) AGRICULTURAL PRODUCE shall mean vegetables, fruits and other
staple crops, meats, processed foods, baked goods and any similar items,
but shall not include farm machinery, agricultural implements or other
manufactured components or items
iii) REEFER ENGINE shall mean any engine that is used for the purpose of
cooling or heating a truck trailer or compartment containing agricultural
produce.
iv) OPEN STORAGE shall mean an outdoor area within which parts or
materials related to a truck depot and freight transfer station may be
stored.
c)
Notwithstanding any other provisions contained in this by-law:
i) The maximum usable floor area of any buildings associated with a truck
depot and freight transfer station shall not exceed a combined total of 670
square metres;
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ii) The maximum number of truck tractors and trailers permitted in the
operations of a truck depot and freight transfer station, excluding light
pickup trucks and cars) shall be as follows;
-10 truck tractors
-10 truck trailers
Said trucks and trailers shall include all such vehicles which are available
for highway use or are temporarily parked and awaiting repairs and/or
renovations or are used for parts.
iii) The minimum front yard setback for a truck depot and freight transfer
station, including the parking of trucks and/or trailers, shall be 40 metres
and the minimum interior side yard setback shall be 30 metres;
12/98
iv) The minimum front yard setback for a truck tractor and/or truck trailer with
a reefer engine running shall be 73 metres and shall comply with the
following:
-
If the truck and/or truck trailer is located inside the building located on
the property, that door nearest the front property line shall be kept
closed thereby preventing the emanating of noise from inside the
enclosed building and traversing towards Regional Road 9;
-
If the truck tractor and/or truck trailer is parked outside, the truck
tractor and/or trailer shall be oriented in a northerly direction parallel
with the Quonset hut building and adjacent thereto. The running
reefer unit shall be directed towards the rear of the property such that
the body of the trailer acts as a noise buffer between the reefer unit
and the road;
-
The maximum outdoor area for the parking of truck tractors and/or
truck trailers with a reefer engine running shall be 135 square metres;
v) No open storage of parts or materials shall be permitted on the lands
identified as having reference to subsection HAL36.165 except within the
open storage area as defined herein which shall be located as follows:
-
has a minimum front yard setback of 73 metres;
-
is located to the east of the building located on the lands;
-
has a minimum interior side yard setback from the easterly lot line of
30 metres;
iv) All general maintenance operations of the truck depot and freight transfer
station shall be restricted to the following hours:
-
7:00 a.m. to 7:00 p.m., Monday to Friday, inclusive;
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-
7:00 a.m. to 1:00 p.m. on Saturdays;
-
No general maintenance operations shall be permitted on
Sundays;
vii) All operations of a truck depot and freight transfer station shall be carried
on in accordance with the Noise Control By-law of the Town of Haldimand
and shall conform to the applicable noise standards pursuant to the
Environmental Protection and Energy.
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HAL36.166
(a) That notwithstanding the permitted uses of the CHA Zone (subsection
20.1), only the following uses shall be permitted on lands identified as having
reference to this subsection:
(i) transport truck depot & dispatch operation
(ii) one family dwelling house in accordance with the provisions of the RH
zone
(b) (This subsection deleted [12-H-96] and replaced by By-Law 224-
HC/05 as follows) That for the purpose of this subsection, now more than
twenty-eight (28) transport trucks shall be permitted to be parked on site at
any given time.
HAL36.167
That in addition to the permitted uses of the A Zone (subsection 28.1), a log
cabin shall also be permitted on lands identified as having reference to this
subsection, subject to the following provisions:
(a)
the log cabin shall be permitted only as a secondary use to a one-family
dwelling house located on the same lot; and
(b)
no human habitation of the log cabin shall be permitted.
HAL36.168
That in addition to the permitted uses of the A Zone (subsection 28.1), a
veterinarian service involved primarily in the care of poultry livestock may also
be permitted on lands identified as having reference to this subsection.
HAL36.169
The following provisions shall apply to the lands identified as having reference
to this subsection:
HAL36.169.1 Notwithstanding subsection 13.2.1, the following provisions shall
apply:
(a) Minimum Lot Area
240squaremetres
(b) Minimum Lot Area
6.5 metres
(c) Minimum Yard Requirements
(i) front yard
6 metres
(ii) exterior side yard
6 metres
(iii) interior side yard
nil between dwelling units and 3 metres
for
a
dwelling
house
(iv) rear yard
7.5 metres
(d) Maximum Building Height
one storey
(e) Minimum Usable Floor Area 90 square metres per dwelling unit
(f)
No more than 8 dwelling units shall be located in a dwelling house.
HAL36.169.2 For the purpose of this subsection, the exterior lot line shall be deemed to be
the most northern lot line of the lands.
HAL36.169.3 For the purpose of this subsection, a maximum of 18 dwelling units shall be
permitted on the lands.
HAL36.170
That the following shall apply on the lands identified as having reference to
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this subsection:
(a) In addition to the permitted uses of the CHA Zone (subsection 20.1),
a body shop shall also be permitted and for the purpose of this
subsection, the maximum usable floor area of a body shop shall not
exceed 235 square metres exclusive of office and/or washroom
facilities associated with the body shop and the usable floor area of
said office and/or washroom facilities shall not exceed a total of 30
square metres;
(b) For the purpose of this subsection, all operations associated with the
sandblasting and painting of vehicles shall be carried on entirely
within a building and open storage of waste materials produced from
the operations of sandblasting and painting of vehicles shall be
prohibited;
(c) Notwithstanding subsection 20.2(d), the maximum building height
shall not exceed one storey;
(d) Notwithstanding subsection 20.2(g), open storage shall be prohibited
within the front yard, the required exterior side yard and within 9
metres of any interior lot line. For the purpose of this subsection, the
front lot line shall be defined as that lot line abutting Highway No. 3
and the exterior side lot line shall be defined as that lot line abutting
the Decewsville Road;
(e) Notwithstanding subsection 20.2(g), open storage accessory to a
body shop shall be restricted to a maximum of 10% of the entire lot
area and shall be contained within the area described in clause d) of
this subsection. Said storage shall be clearly separated from open
storage of materials for other uses by a fence; and
(f)
All open storage shall be screened by a fence located at the perimeter
of the permitted storage area as defined in clause d) of this
subsection. Said fence shall be a minimum of 2 metres in height and
shall provide a complete visual barrier.
HAL36.171
That the following provisions shall apply to the lands identified as having
reference to this subsection:
(a)
The
provisions
of
subsection
28.2(a)(Minimum
Lot
Area)
and
28.2(b)(Minimum Lot Frontage) shall not apply and the following shall apply in
lieu thereof:
Minimum Lot Area
- 1350 square metres
Minimum Lot Frontage
- nil
(b)
Subsection 6.15, requiring frontage on an improved street, shall not apply.
HAL36.172
That notwithstanding the provisions of the "D" Zone (Section 35), those lands
identified as having reference to this subsection shall be maintained as a
landscaped buffer area. No buildings or structures shall be permitted on said
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lands.
HAL36.174
(a) That in addition to the permitted uses of the "CS" Zone (Section 17), a
three-family dwelling house shall also be permitted on lands identified as
having reference to this subsection.
(b) That notwithstanding subsection 17.2(e), the minimum usable floor area of
one (1) of the dwelling units contained in the three-family dwelling house
permitted in clause (a) of this subsection may be 37 square metres.
HAL36.175
That notwithstanding the uses permitted in the "R2" Zone (subsection 11.1), a
home occupation shall not be permitted on the lands identified as having
reference to this subsection.
HAL36.176
That the provisions of subsection 15.2(b) shall not apply to the lands identified
as having reference to this subsection and the following provision shall apply
in lieu thereof:
Minimum Lot Frontage
- 20 metres
HAL36.178
That the following provisions shall apply to the lands identified as having
reference to this subsection:
(a)
In addition to the permitted uses of the "OS" Zone (subsection 32.1), a
campground shall also be permitted;
(b)
subsection 32.2(e), regarding minimum usable floor area provisions for
dwelling units and dwelling houses, shall not apply; and
(c)
for the purpose of this subsection, a campground shall mean land and facilities
owned and operated by a government agency, community service club or
charitable organization and used for the purpose of camping. A campground
may include cabins, tents, dining halls and other accessory buildings and
structures and may also include up to six sites for the temporary parking of
motor homes for recreational purposes.
HAL36.179
That the following provisions shall apply to the lands identified as having
reference to this subsection:
(a)
The provisions of subsection 28.2(b) (Minimum Lot Frontage) shall not apply
and the following shall apply in lieu thereof:
Minimum Lot Frontage
- nil
(b)
Subsection 6.15, requiring frontage on an improved street, shall not apply.
HAL36.180
That the following provisions shall apply to the lands identified as having
reference to this subsection:
(a)
In addition to the permitted uses of the "R1" Zone (subsection 8.1) and the
"HL" Zone (subsection 34.1) a private-home day care facility shall also be
permitted.
(b)
For the purpose of this subsection, a private-home day care facility shall mean
a private dwelling house that is used to provide temporary care, for reward or
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compensation, of five children or less for a continuous period not exceeding
twenty four hours provided that the person or persons providing the temporary
care resides in the said dwelling house.
HAL36.181
In addition to the permitted uses of the "A" Zone (subsection 28.1), the keeping
and care of monkeys and similar primates shall also be permitted on lands
identified as having reference to this subsection.
HAL36.182
That notwithstanding subsection 6.20(a), where an interior lot line is in
common with a railway right-of-way boundary, the minimum separation
distance between a dwelling unit and the railway right-of-way shall be 30
metres on those lands identified as having reference to this subsection.
HAL36.183
That notwithstanding subsection 10.2(c)(ii), the Minimum Exterior Side Yard
setback shall be 4 metres on those lands identified as having reference to this
subsection.176
HAL36.184
(a) That in addition to the permitted uses of the MD Zone (subsection 26.1),
the sale of used automobiles shall also be permitted as a secondary use to an
automobile recycling and wrecking yard.
(b) That for the purpose of this subsection, the storage or display of used
automobiles for sale shall only be permitted within the confines of the salvage
yard.
HAL36.185
(a) In addition to the permitted uses of the "A" Zone (subsection 28.1), the sale
of antiques and other similar collectable items shall also be permitted as a
secondary use to a single-family dwelling house.
(b) For the purpose of this subsection, the display of antiques and other similar
collectable items for sale shall only be permitted within an accessory building
and within an area surrounding the accessory building that is not to exceed 9
metres.
(c) Notwithstanding subsection 6.1(h), on-site advertising shall be limited to
one sign that shall not be illuminated and shall not exceed dimensions of 0.84
metres by 0.84 metres.
HAL36.186
(a) That in addition to the permitted uses of the "IC" Zone (Subsection 29.1) a
retail establishment shall also be permitted on the lands identified as having
reference to this subsection.
(b) For the purpose of this subsection, the maximum usable floor area of a
retail establishment shall not exceed of 22 square metres.
HAL36.187
(a) That in addition to the permitted uses of the "A" Zone (subsection 28.1) a
water bottling and storage facility shall also be permitted on the lands identified
as having reference to this subsection.
(b) That for the purpose of this subsection, the maximum ground floor area of
a water bottling and storage facility shall not exceed 750 square metres.179
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HAL36.188
The following provisions shall apply on those lands identified as having
reference to this subsection:
(a)
In addition to the permitted uses of the "CG" Zone (Subsection 16.1), a one
family dwelling house shall also be permitted in accordance with the zone
provisions of the "R1-B" Zone (subsection 10.2).
(b)
Notwithstanding subsection 6.7(c), the maximum lot coverage of all buildings
or structures accessory to any residential use shall not exceed 17% of the lot
area.
(c)
Notwithstanding subsection 6.7.2, the minimum setback of a building or
structure which is accessory to any residential use shall be 1.5 metres from
an interior side lot line and 3 metres from the rear lot line.
HAL36.189
(a) The provisions of subsections 15.2 (a), Minimum Lot Frontage; 15.2(b),
Minimum Lot Area; 15.2(c)(iii), interior side yard; and 15.2(d), Maximum
Building Height shall not apply to those lands identified as having reference to
this subsection and the following provisions shall apply in lieu thereof:
Minimum Lot Frontage-
11.8 metres
Minimum Lot Area-
370 square metres
Interior Side Yard (right)-
0.3 metres
Maximum Building Height-
7.35 metres
(b) For the purpose of this subsection, building height shall mean the vertical
distance between the finished grade of the ground at the front of the building
and the highest peak of the roof.
(c) For the purpose of this subsection, the maximum usable floor area of the
vacation home shall not exceed 110 square metres, exclusive of any
basement area, finished or otherwise.
HAL36.190
(a) The provisions of subsection 15.2(a), Minimum Lot Area; 15.2(b),
Minimum Lot Frontage and 15.2(d), Maximum Building Height shall not apply
to those lands identified as having reference to this subsection and the
following provisions shall apply in lieu thereof:
Minimum Lot Area
-
1150square metres
Minimum Lot Frontage
-
15 metres
Maximum Building Height
-
6.1 metres
(b) For the purpose of this subsection, building height shall mean the vertical
distance between the finished grade of the ground at the front of the
building and the highest peak of the roof.181
HAL36.191
Notwithstanding the permitted uses of the "RS" Zone (subsection 15.1) or any
other provisions contained in this by-law, no buildings or structures shall be
permitted on those lands identified as having reference to this subsection.
HAL36.192
That in addition to the permitted uses of the "Agricultural (A)" zone, a garden
center and tree and plant nursery, including open storage accessory thereto,
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shall also be permitted.
HAL36.194
Notwithstanding subsection 7.1(b), on lands identified as having reference to
this subsection, each parking space shall have a minimum width of 3 metres
and a minimum length of 5.5 metres except that a parallel parking space shall
have a minimum width of 2.7 metres and a minimum length of 7 metres.
HAL36.195
Notwithstanding subsections 15.2 (a) and (b), the following provisions shall
apply on the lands identified as having reference to this subsection:
Minimum Lot Area
- 690 square metres
Minimum Lot Frontage
- 22.5 metres
HAL36.196
Notwithstanding the permitted uses of the "CR" Zone (subsection 21.1), a
dwelling unit shall not be permitted on the lands identified as having reference
to this subsection.
HAL36.197
The following shall apply on those lands identified as having reference to this
subsection:
(a) Notwithstanding subsection 28.2(b) the minimum lot frontage shall be
nil;
(b) Subsection 6.15, requiring frontage on an improved street, shall not
apply.
HAL36.198
Notwithstanding the permitted uses and zone provisions of the "Hazard Land"
Zone (Section 34), the single-family dwelling house and accessory building
existing as of March 30, 1998 shall be permitted on the lands identified as
having reference to this subsection.
HAL36.199
The following shall apply to the lands identified as having reference to this
subsection:
(a)
Subsection 8.2(b) and 8.2(c) (iv) shall not apply to those lands identified as
having reference to this subsection and the following shall apply in lieu thereof:
Minimum Lot Frontage
- 10 metres
Minimum Yard Requirements:
Rear Yard
- 25 metres
(b)
For the purpose of this subsection, the rear lot line shall be deemed to be the
most westerly lot line.
HAL36.200
The following shall apply to the lands identified as having reference to this
subsection:
(a)
In addition to the permitted uses of the CHA Zone (subsection 20.1), a bed &
breakfast establishment shall also be permitted on the lands identified as
having reference to this subsection.
(b)
For the purpose of this subsection a bed & breakfast establishment shall
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ZONE EXCEPTIONS
consist of not more than two guest rooms and shall be secondary to a dwelling
unit on the same lot.
HAL36.201
(a) In addition to the permitted uses of the "A" Zone (subsection 28.1) a respite
home shall also be permitted as a secondary use to a single family dwelling
house on the lands identified as having reference to this subsection.
(b)
For the purpose of this subsection, a respite home shall be defined as a self-
contained dwelling unit providing temporary, supervised accommodation for a
person or persons in need of hospice, palliative or any similar care; shelter in
situations of domestic conflict, following significant losses or any similar
situation; or rest/retreat for any persons requiring supervised care by reason
of their emotional, metal, social or physical condition.
(c)
For the purpose of this subsection, the maximum usable floor area of a respite
home shall not exceed 168 square metres.
HAL36.202
The following shall apply to the lands identified as having reference to this
subsection:
(a)
notwithstanding the permitted uses of the MX Zone (subsection 27.1) only
those uses accessory to a concrete mixing plant shall be permitted.
(b)
open storage of loose, unprocessed materials, including gravel, shall be
prohibited.
15
HAL36.203
Notwithstanding subsection 8.2(b), Minimum Lot Frontage required for the
lands identified as having reference to this subsection shall be 10 metres.
HAL36.204
The following provisions shall apply to the lands identified as having reference
to this subsection:
(a)
In addition to the permitted uses of the "A" Zone (subsection 28.1) a bait &
tackle shop shall also be permitted.
(b)
For the purpose of this subsection a bait & tackle shop shall mean a building
wherein bait, tackle, minnow buckets, life jackets, dingys, outboard engine
maintenance supplies and similar items are offered for sale and may include
as ancillary thereto the sale of non-food convenience items such as firewood,
ice, BBQ charcoal & fluid and similar items. Said bait & tackle shop shall be
operated as a secondary use to a dwelling house located on the same lot and
the person or persons operating the said bait & tackle shop must reside in the
said dwelling house.
(c)
For the purpose of this subsection, the usable floor area of a bait & tackle shop
shall not exceed 57 square metres.
(d)
For the purpose of this subsection, outdoor storage of firewood for sale and
accessory to a bait & tackle shop shall be permitted. Said storage shall not
exceed a total area of 24 metres and shall be limited to an area immediately
adjacent to the bait & tackle shop.
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(e)
For the purpose of this subsection, outdoor lighting of the bait & tackle shop
must be affixed to the building housing the said bait & tackle shop.
(f)
Notwithstanding subsection 6.1(h), on-site advertising shall be limited to one
sign that shall not be illuminated and shall not exceed dimensions of 1 metre
by 1 metre.
HAL36.205
Notwithstanding the permitted uses and provisions of the "Hamlet Residential"
Zone (Section 14) or any other provisions of this by-law, no buildings,
structures or any part of a sewage disposal system shall be permitted on lands
identified as having reference to this subsection.
HAL36.206
The following shall apply on the lands identified as having reference to this
subsection:
(a)
notwithstanding subsection 15.2(b), the Minimum Lot Frontage shall be 25
metres;
(b)
notwithstanding subsection 15.2(d), the Maximum Building Height shall be 7.7
metres.
HAL36.207
Notwithstanding the permitted uses of the "RS" Zone, no buildings or
structures shall be permitted on the lands identified as having reference to this
subsection and more accurately shown on Schedule HAL36.207.
HAL36.208
Notwithstanding the permitted use of the "A" Zone (subsection 28.1), a
dwelling unit shall not be permitted on the lands identified as having reference
to this subsection.
HAL36.210
Notwithstanding the permitted uses of the "R1-A" Zone (subsection 9.1) and
the "R2" Zone (subsection 11.1), a home occupation shall not be permitted on
the lands identified as having reference to this subsection.
HAL36.212
The following shall apply to the lands identified as having reference to this
subsection:
(a)
In addition to the permitted uses of the "RS" Zone (Subsection 15.1) a motor
home shall also be permitted.
(b)
For the purpose of this subsection and notwithstanding subsection 4.55 of By-
law 1-H 86, a motor home shall mean a recreational vehicle having a rigid top
and side walls, designed to be towed by a motor vehicle and capable of being
used for temporary living accommodation, whether or not such a vehicle is
jacked up or its running gear is removed, but excludes a mobile home as
defined herein.
(c)
A motor home, as defined in clause (b) of this subsection, shall only be
occupied between April 1 and October 31 in the same calendar year.
(d)
A motor home, as defined in clause (b) of this subsection, shall not exceed a
length of 9 metres and a width of 2.5 metres.
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(e)
Notwithstanding subsections 15.2(a) and (b), the minimum lot area shall be
800 square metres and the minimum lot frontage shall be 13 metres.
(f)
Notwithstanding subsection 15.2(c) (iii), the minimum interior side yard shall
be 2.1 metres.
HAL36.214
Notwithstanding the permitted uses in the "Hamlet Residential" Zone
(subsection 14.1), a home occupation shall not be permitted on the lands
identified as having reference to this subsection.
HAL36.215
(a) In addition to the permitted uses of the "Community Institutional" Zone
(subsection 29.1) and the "Hazard Land" Zone (subsection 34.1), and
notwithstanding any other provisions of this by-law, a retail establishment shall
be permitted on the lands identified as having reference to this subsection.
(b) For the purpose of this subsection, the maximum usable floor area of a
retail establishment shall not exceed 6 square metres.
HAL36.216
The following shall apply to the lands identified as having reference to this
subsection:
(a)
In addition to the permitted uses of the "Community Institutional" Zone
(subsection 29.1), a retail establishment shall also be permitted;
(b)
For the purpose of this subsection, the maximum usable floor area of a retail
establishment shall not exceed 2 square metres; and
(c)
Notwithstanding subsection 29.2 (c) (ii), the exterior side yard setback shall be
3 metres.
HAL36.217
Subsections 142 (a) and (b) shall not apply to the lands identified as having
reference to this subsection and the following provisions shall apply in lieu
thereof:
Minimum Lot Area
- 1,020 square metres
Minimum Lot Frontage
- 21 metres
HAL36.218
Notwithstanding the permitted uses of the "Hamlet Commercial" Zone
(Subsection 20.1), only a sewage disposal system shall be permitted on the
lands identified as having reference to this subsection.205
HAL36.219
(a) In addition to the permitted uses of the "A" Zone (subsection 28.1), a
country inn shall also be permitted on the lands identified as having reference
to this subsection.
(b) For the purpose of this subsection, a country inn shall be defined as an
establishment utilizing a maximum of 5 quest rooms and a restaurant with a
maximum seating capacity of 52 persons.
HAL36.220
(a) Notwithstanding the permitted uses of the R1-B Zone (Subsection 10.1), a
home occupation shall not be permitted on the lands identified as having
reference to this subsection.
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(b)The provisions of subsection 10.2 (c) (ii) shall not apply to the lands
identified as having reference to this subsection and the following shall apply
in lieu thereof:
Minimum Exterior Side Yard
- 3.7 metres
HAL36.221
The following shall apply to the lands identified as having reference to this
subsection:
(a)
Notwithstanding subsections 10.2(b) and 10.2 (c) (i) & (ii), the following
provisions shall apply to the construction of a one family dwelling house:
(i) Minimum Lot Frontage
- 12.8 metres
(ii) Minimum Front Yard
- 9 metres
(iii) Minimum Exterior Side Yard
- 3 metres
(b)
Notwithstanding subsection 7.2.3 (a), two parking spaces may be located
within the required front yard.
HAL36.222
Notwithstanding the permitted uses of the MD Zone (Subsection 26.1), only a
parking area (exclusive of any buildings or structures), a septic system and a
pond shall be permitted on the lands identified as having reference to this
subsection.
HAL36.223
Notwithstanding the permitted uses of the A Zone (subsection 28.1) or any
other provision in this by-law, no buildings, structure, fences or any manner of
soil disturbance shall be permitted on those lands identified as having
reference to this subsection.
HAL36.224
Notwithstanding the permitted uses of the OS Zone (subsection 32.1), a
fairground shall not be permitted on those lands identified as having reference
to this subsection.
HAL36.226
The provisions of subsections 12.2.2(b), 12.2.2(c) (iv) and 12.2.2(d) shall not
apply to those lands identified as having reference to this subsection and the
following provisions shall apply in lieu thereof:
Minimum Lot Frontage
- 10 metres
Minimum Rear Yard
- 6.5 metres
Maximum Building Height
- one storey
HAL36.227
Notwithstanding any other provision of this by-law, no parking, loading,
unloading or outdoor storage shall be permitted on those elands identified as
having reference to this subsection.
HAL36.229
Notwithstanding the permitted uses and zone provisions of the Hazard Land
Zone (Section 34), the single-family dwelling house and accessory buildings
existing as of May 31, 1999 shall be permitted on the lands identified as having
reference to this subsection.
HAL36.230
Notwithstanding any other provision in this by-law, the front lot line shall be
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deemed to be the most northerly lot line and the rear lot line shall be deemed
to be the most southerly lot line on those lands identified as having reference
to this subsection.
HAL36.231
Notwithstanding the permitted uses of the R1-A Zone (subsection 9.1), a home
occupation shall not be permitted on the lands identified as having reference
to this subsection.
HAL36.232
The following provisions shall apply to the lands identified as having reference
to this subsection:
a) Notwithstanding the permitted uses of the CS Zone (subsection 17.1), only an
automobile washing establishment shall be permitted.
b) Notwithstanding subsection 17.2(c) (iii), the interior side yard setback on the left
side shall be 1.5 metres.
HAL36.233
a) In addition to the permitted uses of the CR Zone (subsection 21.1), a
vehicle sales establishment shall also be permitted on the lands identified as
having reference to this subsection.
b) Notwithstanding the permitted uses of the CR Zone (subsection 21.1) or
other provision of this by-law, no building, structure, sign or other use shall
be permitted on the lands identified as Part 2 of the subject lands as shown
on Schedule HAL36.233.
HAL36.234
In addition to the permitted uses of the "A" Zone (subsection 28.1) a golf
course, driving range and uses accessory thereto shall also be permitted on
the lands identified as having reference to this subsection.
HAL36.235 Notwithstanding subsections 9.2(c)(ii) and 10.2(c)(ii), being the minimum
exterior side yard setback requirements of the R1-A and R1-B Zones,
respectively, the minimum exterior side yard setback shall be 3.7 metres on
those lands identified as having reference to this subsection.
HAL36.236 Repealed by By-law 543-HC/08
HAL36.237
Repealed by By-law 543-HC/08
HAL36.238
The following shall apply to those lands identified as having reference to this
subsection:
a)
Notwithstanding any definition or provision contained in this by-law, for the
purpose of this subsection, an Apartment Dwelling House shall be defined as
a dwelling house comprising three or more dwelling units, each dwelling unit
being divided one from the other by an above grade vertical common wall a
minimum of 10 square metres in area and with each dwelling unit having
individual and direct access to a common yard;
b)
Notwithstanding subsection 6.14, two dwelling houses may be permitted;
c)
For the purpose of this subsection, not more than 8 dwelling units may be
permitted;
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d)
Notwithstanding any other provision contained in this by-law, for the purpose
of this subsection, the following minimum yard requirements shall apply:
i) front yard
4.9 metres
ii) interior side yard
3.6 metres
iii) rear yard
3.6 metres
e)
For the purpose of this subsection, the maximum building height shall be one
storey;
f)
For the purpose of this subsection, the minimum usable floor area shall be 70
square metres per dwelling unit;
g)
Every dwelling unit shall be connected to a public water system and a public
sanitary sewer system;
h)
Notwithstanding subsection 6.12, a boundary fence located between
residentially-zoned abutting properties shall not exceed 2.4 metres.
i)
Notwithstanding subsection 6.21, decks above the finished grade of the
abutting ground level may project a maximum of 1.55 metres into a required
interior side yard;
j)
Notwithstanding subsection 7.2.3 (c), parking spaces shall be permitted within
the required front yard;
k)
Notwithstanding any other provision of this by-law, for the purpose of this
subsection, the minimum number of parking spaces shall be 12; and
l)
Notwithstanding the permitted uses of the "R4" Zone (subsection 13.1), a
home occupation shall not be permitted.
HAL36.239
The following provisions shall apply to those lands identified as having
reference to this subsection:
a)
subsection 6.7.1 (a) shall not apply to the barn existing on the subject lands
as of November 29, 1999.
b)
the barn existing on the subject lands shall not be used for the housing of any
animals.
HAL36.240
(a) Notwithstanding the permitted uses of the "Agricultural" Zone (subsection
28.1), only a fire hall shall be permitted on the lands identified as having
reference to this subsection.
HAL36.241
(a) Notwithstanding the permitted uses of the "Hazard Land" Zone (subsection
34.1), a building or structure for the housing of horses may be permitted on
those lands identified as having reference to this subsection.
(b) The maximum usable floor area of the building or structure permitted in
Clause (a) of this subsection shall not exceed 85 square metres.
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(c) Not more than 5 horses may be housed in the building or structure
permitted in Clause a) of this subsection.
HAL36.242
The following shall apply on the lands identified as having reference to this
subsection:
(a)
notwithstanding subsection 28.2(b), the minimum lot frontage in the A Zone
shall be nil; and
(b)
subsection 6.15, requiring frontage on an improved street, shall not apply.
HAL36.243
Notwithstanding subsections 28.2(a), 28.2(c) (i) and 28.2 (c) (iv), the following
provisions shall apply on the lands identified as having reference to this
subsection:
Minimum Lot Area
1,100 square metres
Minimum Front Yard
9 metres
Minimum Rear Yard
3 metres
HAL36.244
Notwithstanding subsection 14.2 (c) (i), the minimum front yard setback shall
be 15 metres on those lands identified as having reference to this subsection.
HAL36.245
Notwithstanding subsections 12.2.2(a), 12.2.2(b), 12.2.2(c) (iii) and 12.2.2(d)
the following provisions shall apply to the lands identified as having reference
to this subsection:
Minimum Lot Area
415 square metres
Minimum Lot Frontage
7.3 metres
Minimum Interior Side Yard
1.8 metres except where two dwelling
units are situated on a common
property line the interior side yard shall
be nil
Maximum Building Height
one storey
HAL36.246
Notwithstanding the permitted uses of the "A" Zone (subsection 28.1) or the
"OST" Zone (subsection 33.1) a dwelling unit shall not be permitted on the
lands identified as having reference to this subsection.
HAL36.247
Notwithstanding subsection 9.2(c) (ii), the minimum exterior side yard
requirement shall be 3.7 metres on those lands identified as having reference
to this subsection.
HAL36.248
The following shall apply on the lands identified as having reference to this
subsection:
(a)
Notwithstanding subsections 15.2(a) and (b), the following provisions shall
apply in lieu thereof:
(b)
Subsection 6.15, requiring frontage on an improved street, shall not apply.
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(c)
For the purpose of this subsection, the front lot line shall be that lot line abutting
Melville Lane and the rear lot line shall be the northerly lot line opposite the
front lot line, as defined.
HAL36.249
The following shall apply on the lands identified as having reference to this
subsection:
(a)
Notwithstanding any other provision contained in this by-law, for the
purpose of this subsection, the following minimum yard requirements shall
apply:
Front yard
nil
Interior side yard
nil
Rear yard
nil
06/00
(b) Subsection 13.2.3(b), regarding Maximum Floor Area Ratio, shall not apply;
(c) Notwithstanding subsection 6.14, two dwelling houses may be permitted;
(d) For the purpose of this subsection, not more than 17 dwelling units may be
permitted;
(e) Notwithstanding any other provision of this by-law, for the purpose of this
subsection, the minimum number of parking spaces shall be 25.
HAL36.250
The following shall apply to the lands identified as having reference to this
subsection:
(a)
Notwithstanding subsection 6.14, a maximum of two one-family dwelling
houses shall be permitted; and
(b)
The maximum usable floor area of the most easterly dwelling house shall be
130 square metres.
HAL36.251
In addition to the permitted use of the "Agricultural" Zone (subsection 28.1), a
sawmill shall be permitted on the lands identified as having reference to this
subsection.
HAL36.252
In addition to the permitted uses of the "A" Zone (subsection 28.1) a golf
course, driving range and uses accessory thereto shall also be permitted on
the lands identified as having reference to this subsection.
HAL36.253
Notwithstanding the provisions of subsections 15.2 (a) and (b), the following
provisions shall apply in lieu thereof:
Minimum Lot Area
-535 square metres
Minimum Lot Frontage
-12.0 metres
HAL36.254
Notwithstanding the provisions of Section 9.2, "Zone Provisions", the following
provisions shall apply:
Zone Provisions
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a)
Minimum Lot Area:
465 m2
b)
Minimum Lot Frontage:
15.0 m
c)
Minimum Yard requirements:
i.
Front Yard:
6.0 m;
ii. Exterior Side Yard:
6.0 m;
iii. Interior Side Yard:
3.0 m on one side and 1.2 m on the
other side
(except when a private garage is
attached to a dwelling house in which
case the minimum interior side yard
shall be 1.2 m on each side), and,
iv. Rear Yard:
20 m (except where the front lot line
is not a straight line, in which case
the minimum rear yard shall be 9.0
m).
d)
In addition to the above setbacks, there shall be a 5 m setback from the
regulatory flood line.
e)
Maximum Building Height:
11 m (a height restriction of one (1)
storey for those lots where the
setback is reduced to 9.0 m).
f)
Minimum Useable Floor Area:
100 m2 per dwelling unit.
g)
Minimum Ground Floor Area:
55 m2
h)
Minimum Services:
Every
dwelling
house
shall
be
connected to a public water and
sanitary service system.
i)
Holding Provision
That the holding "(H)" provision not be removed from the zoning of the lands
shown as the subject lands on said Maps A and B until such time as:
i) A Record of Site Condition has been filed to certify that the said lands
meet guidelines for residential use; and,
ii) Appropriate conditions to ensure a compatible interface with the
abutting industrial lands to the north have been considered and, as
needed, included in severance, part-lot control exemption and/or draft
plan of subdivision approvals for the development of the subject
property. Such conditions may include fencing, noise warning clauses
and/or acoustical barriers.
j)
Should development of the subject property proceed by way of site plan
application, residents within the zoning amendment notification radius
should be given an opportunity to make submissions to the
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municipality on the site plan. Such opportunity should not be
interpreted as providing the residents with anything other than the right
to input. No right of appeal or veto is available, only a right of input.
HAL36.255
BY-LAW 29-H-00 repealed by the OMB Decision 1536 (File# PL001340)
HAL36.256
In addition to the permitted uses of the "Hazard Land Zone (HL)" (subsection
34.1), a vacation home shall also be permitted o the lands identified as having
reference to this subsection, subject to the following provisions:
Minimum lot frontage
14.5 metres
Minimum lot area
700
square metres
Minimum front yard
9
metres
Minimum left interior side yard
3
metres
Minimum right interior side yard 1.2
metres
Minimum rear yard
30
metres
Minimum Building Height
11
metres
Minimum usable floor area
80
Square metres per dwelling unit"
HAL36.257
Notwithstanding the requirements of Section 7.2.1 of By-law 1-H-86 regarding
the location of parking on a lot, a food store and accessory uses can be wholly
contained on the lands identified as Part 1 on Schedule HAL36.257 and that
the required parking for the food store and accessory uses on the lands
identified as Part 1 on Schedule HAL36.257 can be provided on the lands
identified as Part 2 on Schedule HAL36.257.
HAL36.258
That on the lands delineated by this subsection, the following provision shall
apply:
1)
In addition to the permitted uses of the "Agricultural Zone A)", (subsection
28.1), the following uses shall also be permitted:
i. retail sales of plants, shrubs, trees, soil, fertilizer, potting supplies and
similar products directly related to gardening;
ii. outside storage accessory to a permitted use:
2)
The retail sales of plants, shrubs, trees, soil, fertilizer and similar products
directly related to gardening, within a permitted building, shall be limited to a
maximum of floor area of 530 square feet.
HAL36.259
That the minimum servicing requirement for the lands delineated on Schedule
HAL36.259 shall be a cistern and individual sewage disposal system. Use of
a private well shall be prohibited.
HAL36.260(a) a) That notwithstanding the minimum services requirements in the "Urban
Residential Type 1 (R1)" zone subsection 8.2(g)), that connection to a
public sanitary sewer system shall not be required for Parts 1 and 2.
b) That the barn located on Part 3 shall not be used for the housing of
animals.
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HAL36.260(b)
The following provisions shall apply to those lands identified as having
reference to this subsection:
a)
Subsection 6.7.1(a) shall not apply to the barn existing on the lands as
of August 13, 2001;
b)
The barn existing on the subject lands shall not be used for the
housing of livestock.
HAL36.261(a)
That on the lands delineated by this subsection, the following provisions
shall apply:
1) In addition to the permitted uses of the "Hazard Land Zone (HL)" (section
34.1) a barn shall also be permitted;
2) Where a portion of a lot is zoned "Hazard Land Zone (HL)", said portion
may be used in the calculation of any required yard and lot frontage."
HAL36.261(b)
The following provisions shall apply to those lands identified as having
reference to this subsection:
1) Subsection 6.7.1(a) shall not apply to the barn existing on the lands as of
August 13, 2001;
2) The barn existing on the subject lands shall not be used for the housing of
any animals.
HAL36.265
The following provisions shall apply to those lands identified as having
reference to this subsection:
a) Subsection 6.7.1(a) shall not apply to the barn existing on the lands as of
October 15, 2001;
b) The barn existing on the subject lands shall not be used for the housing of
livestock.
HAL36.266
Notwithstanding subsection 17.2 (c) of the CS zone, on those lands identified
as having reference to this subsection, the minimum front yard setback for all
buildings shall be 14 metres.
HAL36.268
Notwithstanding the provisions of Subsection 6.8.c) and 6.8.d), a home
occupation restricted to the repair and service of small engines as well as
occupation restricted to the repair and service of small engines as well as
agricultural, lawn and garden equipment, and off-road recreational vehicles
may be located within an accessory building on the subject lands and occupy
a maximum of 119 square metres of floor area.
HAL36.269 a) In addition to the permitted uses of the "Open Space (OS)" Zone, (subsection
32), the following uses shall also be permitted"
1. library
2. aquatic centre
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3. twin pad arena
4. place of assembly
5. ambulance station
6. physiotherapy and rehabilitation centre 248205
7. municipal services including emergency services.
8. Educational and training uses
b) That notwithstanding the permitted uses of the "Open Space (OS)" Zone,
lands identified as consisting as part of St. Andrews Square, Part of Lots 6
through 9 inclusive, part of Sterling Street in the former Town of Caledonia
and previously referred to in By-Law 27-H-94 approved by the former Town of
Haldimand. The said referred to lands shall only be used as a park. No
buildings or structures shall be permitted with the exception of facilities for
stormwater management on the lands.
c) That notwithstanding the requirements of subsection 7.8 (number of parking
spaces) that the maximum requires parking spaces for this development shall
be 446 spaces for automobiles and 3 spaces for the buses.
d) That the existing ambulance station plus proposed addition have a maximum
building area of 470 square metres.
e) That notwithstanding the requirements of Subsection 7.8 (number of parking
spaces) and HAL36.269 c) above, 14 tandem parking spaces may be
permitted for municipal services including emergency services and the
ambulance station.
f) That notwithstanding the provisions of Section 32 'Open Space Zone (OS)'
and Special Provision HAL36.269 a), a mobile classroom building or structure
is permitted on the subject lands as an educational and/or training use.
g) That notwithstanding Special Provision HAL36.269 c), a mobile building may
utilize up to 10 existing parking spaces for a temporary time period approved
by the County.
HAL36.270
a) That on the lands identified as part 1 on Maps A and B (attached to and
forming part of this By- law), the following shall apply:
i)
Notwithstanding Subsection 16.2 the following shall apply:
1) exterior side yard
0 metres
2) front yard
0 metres
ii)
Notwithstanding Subsection 6.19 (Non-obstruction of Sight Triangles),
the northwest corner of the food store is permitted to be situated within
the sight triangle.
b)
That on the lands identified as Part 4 on Maps A and B (attached to
and forming part of this By-law) the following shall apply:
i)
Notwithstanding Subsection 7.1 (Individual Parking Spaces), the
interior side yard between the southerly lot line of Part 4 and the
existing tow family dwelling house on Part 4 shall be deemed to be the
required parking area suitable for 2 stacked parking spaces;
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ii)
Notwithstanding Subsection 11.2, the following provisions shall apply
to the lands identified as having reference to this subsection:
1)
Minimum lot area-
340m2
2)
Minimum lot frontage-
13.25 metres
3)
Minimum interior side yard (north side) -
1.0 metres
4)
Minimum rear yard-
3.25 metres
iii)
Notwithstanding Subsection 6.21 (d) (Exemptions from Yard
Provisions) the existing deck at the rear of the two family dwelling
house is permitted to project more than 2 metres into the required rear
yard.
HAL36.272
a)
That notwithstanding the provisions of the "Community Institutional
(IC)" zone (Subsection 29.2) the lot line adjacent to Carrick Street shall be
deemed to be the front lot line for the property and the existing setbacks for
the existing arena shall be deemed to comply with the provisions of Subsection
29.2.
b)
That notwithstanding Subsection 6.19 (Non-obstruction of Sight
Triangles), the existing arena shall be permitted to be located within the sight
triangle.
HAL36.273
That in addition to the provisions of the "Open Space-Tent and Trailer (OST)"
zone (Subsection 33.2), the following provisions shall also apply:
a) all trailers and accessory structures will be removed from the subject lands
during the period between October 16th of one calendar year and April 30th of
the following calendar year.
12/02
HAL36.274
That the following shall apply on the lands identified as having reference to
this subsection:
a)
Notwithstanding any provisions to the contrary, the following provision
shall apply to those lands identified as having reference to this
subsection:
Minimum lot area:
158.16 hectares
b)
Notwithstanding subsection 5.4, the total area of all zones within the
lands identified as having reference to this subsection shall be used to
calculate lot area.
HAL36.275
That in addition to the permitted uses of the "Urban Residential Type 2 (R2)"
zone (Subsection 11.1), a dental clinic for a maximum of two dentists shall be
permitted within the existing building, subject to the following provisions:
i) Minimum Lot Frontage:
16 metres
ii) Minimum Lot Area:
710 square metres
iii) Minimum Front Yard:
6 metres
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iv) Minimum Interior South Side Yard:
1.6 metres
v) Minimum Interior North Side Yard:
5.6 metres
vi) Minimum Rear Yard:
23 metres
HAL36.276
i)
That in addition to the uses permitted in Subsection 28.1 of the
Agricultural Zone (A), a salvage yard is also permitted.
ii)
That structure, storage and uses related to the salvage yard be set
back a minimum of 15 metres from the edge of the Oswego Creek
tributary, on both sides of the watercourse.
iii)
That automobile and farm machinery storage be set back a minimum
of 30 metres from the edge of the Oswego Creek tributary, on both
sides of the watercourse.
HAL36.277
That notwithstanding the permitted uses of the 'Service Commercial (CS)'
zone, subsection 17.1, uses on the property shall be limited to a commercial
entrance.
HAL36.278
That the following provisions shall apply to the lands delineated by this
subsection for the purposes of facilitating development of 25 street townhouse
units on a single lot of record:
a) In lieu of subsection 13.2.1(c) (ii), the exterior side yard setback shall be
4.5 metres;
b) In lieu of subsection 13.2.1 (c) (iv), the rear yard setback shall be 7.5
metres;
c) In lieu of subsection 4.25.5, the definition of "Townhouses" shall be "a
dwelling house comprising three or more dwelling units with each dwelling
unit being subdivided one from the other by an above grade vertical
common wall, a minimum of 10 square metres in area and with each
dwelling unit having direct access to yard"; and
d) That the proposed road allowance, shown as Claire's Court on Map 'B' and
Schedule HAL36.278 to this By-Law, shall be deemed to be the lot frontage.
Notwithstanding the above provisions, in the case of the 25 street townhouse
units being subdivided for the purposes of separate ownership, the following
provisions shall apply:
a) In lieu of subdivision 13.2.1(b), the minimum lot frontage for Lots 1 and 25
shall be 15 metres; for Lots 2,5,8,11,14,15,17,18,21, and 24 shall be 7 metres;
for Lots 3,4,6,7,9,19,20,22, and 23 shall be 12 metres; for Lot 10 shall be 3
metres; and for Lots 12,13, and 16 shall be 5 metres;
b) In lieu of subsection 13.2.1(c) (ii), the exterior side yard setback of Lots 1
and 25 shall be 4.5 metres;
c) In lieu of subsection 13.2.1(c) (iii), the interior side yard setback (right) of
Lots 1,2,4,5,7,8,10,11,13,14,16,17,18,20,21,23, and 24 shall be 0 metres and
for Lots 3,6,9,12,15,19, and 22 shall be 1.5 metres;
d) In lieu of subsection 13.2.1(c) (iii), the interior side yard (left) of Lots
2,3,5,6,8,9,11,12,14,15,17,18,19,21,22,24, and 25 shall be 0 metres and
for Lots 4,7,10,13,16,20, and 23 shall be 1.5 metres;
e) In lieu of subsection 13.2.1 (c) (iv), the rear yard setback of Lots 10, 13,
16, and 17 shall be 7.5 metres; and
f) That the lot line abutting the proposed road allowance, shown as Claire's
Court
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on Map 'B' and Schedule HAL36.278 to this By-Law, shall be deemed to
be the front lot line of Lots 10,11,12,13,14, and 15.
HAL36.279
a) In addition to the permitted in the A zone (subsection 28.1) a lumber kiln
drying operation may be permitted on the lands delineated by this subsection.
b) The maximum floor area of all lumber kiln buildings shall not exceed a total
of 167.2 square metres.
HAL36.280
That the following provisions shall apply on the lands delineated by this
subsection:
a) Notwithstanding the provisions of subsection 5.4 (More Than One Zone on
a Lot), any portion of lands on a lots zoned" Hazard Land (HL)" may be
used in the calculation of any required yard, lot area and lot frontage
provision of the " Urban Residential Type 1 Zone (R1)";
b) In lieu of subsection 8.2(c) (iv) the minimum rear yard shall be 6 metres;
c) In lieu of subsection 8.2(d) the maximum building height shall be 5 metres.
HAL36.282
That the provisions of subsection 14.2 (a) Minimum Lot Area and subsection
14.2 (b) Minimum Lot Frontage shall not apply to the lands identified as having
reference to this subsection, and the following shall apply in lieu thereof:
(a) Minimum Lot Area:
3700 square metres
(b) Minimum Lot Frontage:
64.0 metres
HAL36.283
i) That notwithstanding the permitted uses of the 'Open Space (OS)' zone,
subsection 32.1, uses shall be limited to a park for those lands shown as
Parcels 1,2, and 3 on Schedule HAL36.283.
HAL36.284
a) In lieu of the permitted uses of the R4 zone, the following shall be
permitted:
i)
Group Townhouses
ii)
Single Detached Dwelling
b) For the purposes of this subsection, the following definitions shall apply:
"Group Townhouses" shall mean a single detached dwelling and/or
dwelling house comprising two or more dwelling units with each
dwelling unit being divided from one another by an above grade
vertical common-wall and with each dwelling unit having direct access
to a yard. One or more of said group townhouse(s) do not front on a
street;
c) Notwithstanding the provisions of subsection 13.2, the following shall
apply in lieu thereof:
i)
Minimum Lot Frontage
11 metres
ii)
Minimum Front Yard
6 metres
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iii)
Minimum Exterior Side Yard 6 metres
iv)
Minimum Interior Side Yard 3 metres
v)
Minimum Rear Yard
9 metres
vi)
Maximum Building Height
11 metres
vii)
Maximum Gross Residential Density 22 u.p.ha.261
HAL36.285
a) In addition to the permitted uses in the R4 zone, a nursing home shall also
be permitted subject to the regulations of subsection 13.2.3.
b) Only one apartment dwelling house shall be permitted with a maximum of
34 dwelling units.
c) The maximum gross residential density for group townhouses shall be
26 u.p.ha.
d) For the purposes of this subsection, the front lot line will be the easterly lot
line abutting McKenzie Road.
HAL36.286
a) Notwithstanding the regulations of the CN (subsection 18.1), the following
uses shall be permitted in lieu thereof:
i)
professional offices;
ii)
takeout restaurant without drive-through and a maximum seating
capacity for 10 patrons;
iii) convenience store;
iv) personal service shop;
v)
dry cleaning distribution station; and
vi) laundromat.
b) The provisions of subsection 18.2(e) shall not apply.261
HAL36.287
a) In lieu of the permitted uses of the R4 zone, the following shall be
permitted:
i)
Group Townhouses
ii)
Single Detached Dwelling
b) For the purposes of this subsection, the following definitions shall apply:
"Group Townhouses" shall mean a single detached dwelling and/or
welling house comprising two or more dwelling units with each
dwelling unit being divided from one another by an above grade vertical
common-wall and with each dwelling unit having direct access to a yard. One
or more of said group townhouse(s) do not front on a street;
c) The Maximum Gross Residential Density shall be 29 u.p.ha.
HAL36.290
That on the lands delineated by this subsection, the following provisions shall
apply:
1) In addition to the permitted uses of the "Seasonal Residential (RS)" zone
a one family dwelling house shall also be permitted.
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HAL36.291
That the provisions of subsection 10.2(c) (ii) (Minimum Exterior Side Yard)
shall not apply to the lands delineated by this subsection and the following
shall apply in lieu thereof:
Minimum exterior side yard: 3.7 metres.
HAL36.292
That the provisions of subsection 10.2(c) (ii) (Minimum Exterior Side Yard)
shall not apply to the lands delineated by this subsection and the following
shall apply in lieu thereof:
Minimum exterior side yard: 3.7 metres.264
HAL36.293
Notwithstanding the regulations of the "OS" Zone (subsection 32.1) use of the
lands identified as having reference to this subsection shall be limited to
passive recreation. No soil grading, stock piling, irrigation placement or other
forms of soils alteration are permitted.
HAL36.294
(i) In addition to the permitted uses of the "ML" Zone (subsection 24.1) the
following uses shall also be permitted on the lands identified as having
reference to this subsection:
(a) custom cabinet production and sales;
(b) retail flooring covering sales outlet; and
(c) retail sales of automotive parts.
HAL36.295 a)
That notwithstanding the requirement in subsection 13.2.2(b) - Group
Townhouses of the 'Urban Residential Type 4 (R4)' zone, a minimum
lot frontage of 5.49 metres shall be permitted for the lands identified as
having reference to this subsection.
b)
That a maximum of 46 townhouses shall be permitted on the lands
identified as having reference to this subsection.
HAL36.296
a)
That the provisions of subsection 6.15 shall not apply to the lands
having reference to this subsection.
b) That in lieu of the uses permitted in the CS Zone (subsection 17.1) only
the following uses shall be permitted:
i)
vehicle sales and rental establishment;
ii)
vehicle detailing shop;
iii)
body shop;
iv)
printing and publishing establishment.
HAL39.297
That in addition to the uses permitted in the CG Zone (subsection 16.1) a body
shop will also be permitted.268
HAL36.298
That on the lands delineated as having reference to this subsection the
following provision shall apply:
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a)
The keeping of livestock shall be prohibited in the exiting livestock
facility located on the subject lands on the date of the passing of this
by-law.
HAL36.299
i)
That in addition to the permitted uses in subsection 28.1 of the
'Agricultural (A)' zone, a commercial landscaping establishment is also
permitted.
ii)
That outdoor storage of materials and equipment shall not be
permitted.
iii)
That all aspects of the landscaping business shall be
conducted within the existing buildings on the subject lands and
shall be limited to a maximum usable floor area of 557 m2
(5,996 ft2).
iv)
That retail sales and consulting services shall not be permitted.
HAL36.301
Repealed by By-law 1301-HC/22
HAL36.302
i)
Notwithstanding the permitted uses of subsection 14.1 of the 'Hamlet
Residential' zone, a one family dwelling house shall not be permitted in the
area delineated as Part 2 on Schedule HAL36.302.
ii)
That accessory uses to a residential use shall be permitted in the area
delineated as Part 2 on Schedule HAL36.302.
HAL36.303
That in addition to the uses permitted in the CR Zone (subsection 21.1) a
vehicle sales and rental establishment including open storage accessory
thereto may be permitted on the lands having reference to this subsection.
HAL36.304
This section deleted (205-HC-04).
HAL36.307
That on the lands delineated as having reference to this subsection the
following provision shall apply:
a)
Subsection 6.7.1(a) and (c) shall not apply to the barn existing on the
lands as of February 7, 2005.
b)
The barn existing on the subject lands shall not be used for the housing
of livestock.
HAL36.309
THAT the minimum Lot Frontage requirements of the Hamlet Residential Zone
shall not apply and the following shall apply in lieu thereof:
a)
Minimum Lot Frontage: 20.7 metres.
HAL36.310
That in addition to the permitted uses of the "A" zone (subsection 28.1) a place
of worship and accessory uses, including a nursery, gymnasium, offices and
meeting rooms may also be permitted on the lands identified as having
reference to this subsection.
HAL36.311
i)
That in addition to the permitted uses in Subsection 10.1 of the Urban
Residential Type 1-B (R1-B) zone, a group home is also permitted.
ii)
That in lieu of Subsection 4.38, the definition of a 'Group Home' shall
be "a dwelling house that is licensed or funded under an Act of the
Parliament of Canada or the Province of Ontario for the
accommodation of up to four persons, exclusive of staff, living under
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supervision in a single housekeeping unit and who, by reason of their
emotional, mental, social of physical condition, require a group living
arrangement for their well being." For the purposes of this section,
Group Home does not include a dwelling house which is regulated by
the Federal or Provincial government as a correctional type facility.
iii)
Significant changes to the exterior façade of the existing dwelling shall
be prohibited.
HAL36.312
Notwithstanding the provisions of subsection 23.2(b), the following provisions
shall apply in lieu thereof:
Minimum Lot Frontage: 9.0 metres.
HAL36.313
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
Subsection 6.7.1 (a) shall not apply to this barn existing on the lands
as of May 30th 2005.
b)
The barn existing on the subject lands shall not be used for the housing
of livestock.
HAL36.314
(a)
That the provisions of subsection 13.2.1 shall not apply to the lands
identified as having reference to this subsection and the following shall
apply in lieu thereof:
(i)
Min. Lot Area:
185.0 sq.m
(ii)
Min. Lot Frontage:
5.0 m for an interior lot
12.0 m for an exterior lot
(iii)
Min. Front Yard:
6.0 m
(iv)
Min. Exterior Side Yard:
4.5 m
12/05
12/06
(v)
Min. Interior Side Yard:
1.5 m except in the
case
of
a
lot
being
subdivided
for
the
purpose
of a separate ownership of townhouse dwelling units, no side
yard needs to be provided along the common side lot line
between the lots created by the subdivision.
(vi) Min. Rear Yard:
7.5 m
(vii)Max. Building Height:
11.0 m
(viii)Min. Useable Floor Area: 90.0 sq. m
(b)
That the provisions of subsection 6.20 (Building Separation from
Railways) shall not apply to the lands identified as having reference to
this subsection and the following shall apply in lieu thereof:
(i)
Min. setback between any dwelling unit and a railway right-of-
way: 30 m.
(c)
That the definition of "Townhouses" contained in subsection 4.25.5
shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"TOWNHOUSES" shall be a dwelling house comprising 3 of more
dwelling units with each dwelling unit being subdivided from one
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another by an above grade vertical common wall, a minimum of 10
square metres in area with each dwelling unit having direct access to
a rear yard".
(d)
That the definition of "Front Lot Line" contained in subsection 4.50.1
shall not apply to Blocks 3 and 4 as more accurately shown on
Schedule HAL36.314 and the following definition shall apply in lieu
thereof:
(i)
The "Front Lot Line" for Block 3 shall be the westerly lot line.
(ii)
The "Front Lot Line" for Block 4 shall be the southerly lot line.
HAL36.315
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
Minimum Lot Frontage, Part 1: 17.5 metres
Minimum Lot Frontage, Part 2: 9.0 metres
Notwithstanding the provisions of this By-Law, Adair Street shall be deemed
to be the front lot line for Parts 1 and 2.
HAL36.316
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
Part 1:
Section 29.2: Neighbourhood Institutional Zone Provisions
Side Yard (left) Setback: 1.4 metres
Front Yard Setback: 5.4 metres
Rear Yard Setback: 2.4 metres
Building Height (maximum): to recognize the existing building height.
Section 7.8: Number of Parking Spaces Required
Place of Worship: no off-street parking required.
Section 6.8: Accessory Uses to Non-Residential Uses
Accessory Building Setback: recognize the existing rear and side yard
setbacks for the existing accessory structure.
Part 2:
Section 19.2: "Residential/Business (RB)" Zone Provisions
Side Yard (left) Setback: 2.0 metres
Side Yard (right) Setback: 1.6 metres
Minimum Lot Frontage: 14.0 metres.
Section 7.8: Number of Parking Spaces Required
(i) Medical or dental clinic and office of a health service practitioner- 3
spaces shall be required.
HAL36.317
(a) That the provisions of subsection 13.2.1 shall not apply to the lands
identified as
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having reference to this subsection and the following shall apply in lieu
thereof:
(i)
Min. Lot Area:
180.0 sq. m
(ii)
Min. Lot Frontage:
6.0 m for an interior lot
7.2 m for an exterior lot
(iii)
Min. Front Yard:
6.0 m
(iv)
Min. Rear Yard:
7.5 m
(v)
Min. Exterior Side Yard:
4.0 m
(vi)
Min. Interior Side Yard:
1.2
m
except
in the case of a
lot being subdivided for
the
purpose
of
separate
ownership
of
townhouse
dwelling
units,
no
side
yard
needs
to
be
provided
along
the common side lot line
between
the lots created by the
subdivision.
(vii)
Max. Building Height:
11.0 m
(viii)
Max. Lot Coverage:
50%
(ix)
Max. Number of Units per Building: 8
townhouse
units
(c)
That the definition of "Townhouses" contained in subsection 4.25.5
shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"TOWNHOUSES" shall be a dwelling house comprising 3 of more
dwelling units with each dwelling unit being subdivided from one
another by an above grade vertical common wall, a minimum of 10
square metres in area with each dwelling unit having direct access to
a rear yard".
(d)
That the definition of "Front Lot Line" contained in subsection 4.50.1
shall not apply to Blocks 1, 2, 3 and 4 as more accurately shown on
Schedule HAL36.317 and the following definition shall apply in lieu
thereof:
(i)
The "Front Lot Line" for Block 1 shall be the southeasterly lot
line
(ii)
The "Front Lot Line" for Blocks 2 and 4 shall be the
southwesterly
lot line
(iii)
The "Front Lot Line" for Block 3 shall be the northeasterly lot
line.
HAL36.318A (a)
Notwithstanding the provisions of subsection 10.2(c) (ii), the Minimum
Exterior side yard shall be 3.0 metres;
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ZONE EXCEPTIONS
(b)
That the provisions of subsection 6.20 (Building Separation from
Railways) shall not apply to the lands identified as having reference to
this subsection and the following shall apply in lieu thereof:
(i)
Min. setback between any dwelling unit and a railway right-of-
way: 30m.
HAL36.318B That in lieu of the permitted uses of the CS Zone (Subsection 17.1), the
following shall be permitted on the lands identified as having reference to this
subsection:
a)
Vehicles sales, service, and rental establishment
b)
Farm implement sales and service
c)
Swimming pool sales and rental
d)
Lumber yard and building supply establishment
e)
Garden supply center
f)
Commercial greenhouse and tree and plant nursery
g)
Office
h)
Place of assembly
i)
Place of recreation
j)
Hotel, motel, motor-hotel, tavern
k)
Restaurant
l)
Community centre
m)
Cemetery
n)
Funeral Home
o)
Place of worship
p)
Art Gallery
q)
School
r)
Nursing home
s)
Day nursery
t)
Museum
u)
Library
v)
Private club
w)
Government and public utility offices
x)
Hospital
y)
Fire hall
z)
Police Station
aa)
Ambulance service
HAL36.319
That in addition to the uses permitted in the "Agricultural (A)" Zone
(Section 28) a day care operation may be permitted as an ancillary use to the
residential use of the property with a maximum capacity of 25 children and 5
staff on the lands having reference to this subsection.
Section 7.8 - Number of Parking Spaces Required
(hh) Other non-residential uses - 6 spaces shall be required.
HAL36.321
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
1.
Section 28.2: "Agricultural Zone (A)" Provisions
(b) Minimum Lot Frontage - 10.0 metres
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2.
Subsection 6.7.1 "General Provisions" Accessory Uses to Residential
Uses (a) shall not apply to the barns existing on the lands as of October
16, 2006
3.
The barns existing on the subject lands shall not be used for the
housing of livestock.
HAL36.322
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
That notwithstanding the permitted uses of the Section 34.1 - Permitted Uses
in the "Hazard Land (HL)" Zone, a 10.36 metre X 10.97 metre, one-storey
seasonal dwelling and septic system shall be permitted on lands identified as
having reference to this subjection.
HAL36.323
That on the lands delineated as having reference to Section 8.2 "Urban
Residential Type 1 (R1)" and this subsection the following provisions shall not
apply:
(b)
Minimum frontage
(g)
Minimum Services - every dwelling house shall be connected to a
public water system and a public sanitary sewer system.
HAL36.324
(a)
That the provisions of subsection 11.2. shall not apply to the lands
identified as having reference to this subsection and the following shall
apply in lieu thereof:
(i) Min. Lot Area:
255 sq. m. for an Interior Lot
345 sq. m. for an Exterior Lot
(ii) Min. Lot Frontage:
8.5 m. for an Interior Lot
11.5 m. for an Exterior Lot
(iii) Min. Front Yard Setback: 6.0 m.
(iv) Min. Exterior Side Yard: 6.0 m.
(v) Min. Interior Side Yard: 1.2
m.
except
in
the
case of a lot
being subdivided for the purpose
of
separate
ownership
of
townhouse
dwelling units, no side yard
needs
to
be provided along the common
side
lot line between the lots created
by
the subdivision.
(vi)
Min. Rear Yard:
7.5 m.
HAL36.325 (a)
That notwithstanding the permitted uses of the "Rural Commercial
(CR)" Zone (Subsection 21.1), only a commercial greenhouse, garden centre
and tree and plant nursery, including open storage accessory thereto shall be
permitted on the lands identified as having reference to this subsection.
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ZONE EXCEPTIONS
(b)
Section 6.25.1 - Minimum Setback from the Wetland Zone - Shall not
apply to the commercial buildings existing on the date of passing of the
by-law.
HAL36.326A That on the lands delineated as having reference to this subsection the
following provisions shall apply:
a)
That in lieu of Subsection 28.2 - Agricultural (A) Zone (b) and (c) (iii),
the following shall apply:
i)
minimum lot frontage:
0.0 m
ii)
minimum side yard setback, for barn existing at the date of
passing of the by-law: 1.8 m
b)
That the Minimum Distance Separation formulae (MDS I) shall not
apply for the existing barn on the lands having reference to this
subsection
and
its
distance
separation
from
the
existing
greenhouse/garden centre commercial operation located on the lands
subject to Site Specific Special Provision HAL36.325.
HAL36.326B REPEALED AND REPLACED BY HAL36.334 (538-HC-08)
HAL36.329
THAT on the lands delineated as having reference to this subsection the
following provisions shall apply:
That notwithstanding the permitted uses of the "Hazard Land (HL)" Zone
(Subsection 34.1-Hazard Lands (HL) Zone), the existing single detached
dwelling and accessory buildings shall be permitted on the lands identified as
Part A and having reference to this subsection.
HAL36.330A THAT on the lands delineated as having reference to this subsection the
following provisions shall apply:
The housing of livestock is prohibited in buildings existing as of the date of
passing of the by-law, with the exception of the existing barn located 105
metres southwest from the dwelling located on the lands subject to site specific
policy HAL36.329, which may house up to 50 beef cattle or equivalent nutrient
units as identified under the Minimum Distance Separation Formula.295
HAL36.330B THAT notwithstanding the provisions of Section 28.1-Permitted Uses of the
'Agricultural (A)' zone, and Section 27.1 Permitted Uses of the Extractive
Industrial Zone (MX), a one family dwelling house and home occupation are
not permitted.
HAL36.331A That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) For Part 1 on Map "B" attached to this by-law, the housing of livestock shall
not be permitted within the existing barn.
b) For Part 2 on Map "B" attached to this by-law, no new dwelling shall be
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SECTION 12
ZONE EXCEPTIONS
permitted.
c) For Part 1 on Map "B" attached to this by-law a maximum building height of
7.62 metres shall apply to the barn existing on the date of passing of this by-
law.
d) For Part 1 on Map "B" attached to this by-law a minimum front yard setback
of 9.14 metres shall apply to the dwelling existing on the date of passing of
this by-law.
HAL36.331B That notwithstanding the permitted uses of the "Hazard Land (HL)" zone,
(Subsection 34.1), the existing seasonal dwelling on the lands identified as the
subject lands shall be permitted.
HAL36.332A That the following provisions shall apply to the lands identified on Map 'B':
(a) That notwithstanding the provisions of Section 28.1 - Permitted Uses in
the 'Agricultural (A)' zone, a one family dwelling house and home
occupation are not permitted.
(b) That the keeping of livestock shall be prohibited in the livestock facility
existing on the date of passage of this by-law. 329
HAL36.332B That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
The housing of livestock shall not be permitted within the existing barn.
b)
Notwithstanding subsection 6.7.1 (a), a maximum building height of 9.4
metres shall apply to the barn existing on the date of passing of this
by-law.
HAL36.332C That on lands delineated as having reference to this subsection, the following
provisions shall apply:
a) Subsection 14.1 (Permitted Uses) of the "Hamlet Residential Zone (RH)"
shall also include a firearms and hunting apparel sales establishment in the
existing garage;
b) The firearms and hunting apparel sales area shall be a maximum floor
area of 43.56 square metres;
c) Minimum lot area of 1792 square metres shall apply to the subject lands
on the
date of passing of this by-law.
HAL36.333
The following provisions shall apply to the lands identified as the subject lands
on Maps 'A' and 'B' attached to this by-law:
a) In addition to the uses permitted in Section 34.1 Permitted Uses of the
Hazard Land zone, the replacement of the existing seasonal dwelling with
the construction of a new two-storey vacation home with an attached
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ZONE EXCEPTIONS
garage may be permitted; and
b) Development of the lands shall be substantially in accordance with the
concept plan as illustrated on Schedule HAL36.333.
HAL36.334
a)
The following provisions shall apply to the lands identified as Parts 2
and 8 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area - Seasonal
Residential (RS) zone, the minimum lot area shall be 930
square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage shall
be
23.85
metres.
b)
The following provisions shall apply to the lands identifying as Parts 3
and 9 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area-
Seasonal Residential (RS) zone, the minimum lot area shall be
890 square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage
shall be 15.52 metres.
c)
The following provisions shall apply to the lands identified as Parts 4
and 10 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area - Seasonal
Residential (RS) zone, the minimum lot area shall be 890
square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage shall
be 15.34 metres.
d)
The following provisions shall apply to the lands identified as Parts 5
and 11 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area - Seasonal
Residential (RS) zone, the minimum lot area shall be 728
square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage shall
be 16.63 metres.
e)
The following provisions shall apply to the lands identified as Parts 6
and 12 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area - Seasonal
Residential (RS) zone, the minimum lot area shall be 1,375
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SECTION 12
ZONE EXCEPTIONS
square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage shall
be 18.67 metres.
f)
The following provisions shall apply to the lands identified as Parts 7
and 13 on Map 'B' and Schedule HAL36.334:
i)
That in lieu of Section 15.2 (a) Minimum Lot Area - Seasonal
Residential (RS) zone, the minimum lot area shall be 1,133
square metres.
ii)
That in lieu of Section 15.2 (b) Minimum Lot Frontage -
Seasonal Residential (RS) zone, the minimum lot frontage shall
be 15.59 metres.
HAL36.335
That the following provisions shall apply to the lands identified on Map 'B"
a)
That not withstanding the provisions of Section 28.2- Permitted Uses
in the Agricultural (A)' zone, a one family dwelling house and home
occupation uses are not permitted.
HAL36.336
a)
That on the lands delineated as having reference to this subsection the
following use is also permitted: a Lumber Yard and Building Supply
Establishment; and
b)
That a "Lumber Yard and Building Supply Establishment" shall mean
a place, building or structure or part thereof used for the retail sale of
lumber and lumber related products. The sale of tools and equipment
used in the building trade may be permitted as an accessory to the
main retail use."
HAL36.337
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
For Part 1 on Map "B" attached to this by-law, the housing of livestock
shall not be permitted within the existing barn.
b)
For Part 2 on Map "B" attached to this by-law, no new dwelling shall be
permitted.
c)
For Part 1 on Map "B" attached to this by-law a maximum building
height of 6.7 metres shall apply to the barn existing on the date of
passing of this by-law.
HAL36.338
a)
That in addition to the uses permitted in Section 11.1 Permitted Uses
and on the lands delineated as having reference to this subsection the
following uses are also permitted: a restaurant/cafe with seating for 56
patrons; a catering business; a classroom for food-related workshops and
cooking courses; retail sales of food related product, and a small scale
accessory greenhouse. A residential use must be maintained on the subject
lands for this special provision to apply. Drive-thru use is not permitted.
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SECTION 12
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b)
That on the lands delineated as having reference to this subsection
that notwithstanding Section 10.2 Zone Provisions the minimum
exterior side yard set back shall be 0.8 metres, the minimum interior
side yard set back shall be 1.8 metres, and the minimum rear yard
setback shall be 8.8 metres.
c)
That on the lands delineated as having reference to this subsection
that notwithstanding the provisions of Section 7.8 of By-law 1-H-86
number of parking spaces a minimum of 9 parking spaces shall be
required and that the required stacked parking for 2 spaces shall be
permitted in the rear yard.
d) That on the lands delineated as having reference to this subsection that
notwithstanding Section 4.87 Sight Triangle a reduced sight triangle
measuring 6 metres by 9 metres.
HAL36.339
THAT on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
For Part A on Map "B" attached to this by-law, no new dwelling shall
be permitted.
b)
For Part B on Map "B" attached to this by-law a minimum lot frontage
of 15 metres shall apply.
HAL36.340
Notwithstanding the provisions of the Urban Residential Type 1-B zone the
subject lands as having reference to this subsection shall have a minimum
exterior side yard setback of 3 metres, a minimum rear yard setback of 7.5
metres and a minimum lot frontage for a corner lot of 13.3 metres.
HAL36.341
Notwithstanding the provisions of the Urban Residential Type 1-B zone the
subject lands as having reference to this subsection shall have a minimum lot
frontage of 11 metres and a rear yard setback of 7.5 metres. 311
HAL36.342
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Section 28.1 (Permitted Uses) of the "Agricultural Zone (A)" shall also
include the manufacturing, sale and repair of small-scale farm
equipment (such as hay wagons, and grain and storage bins) and the
servicing of farm implements.
HAL36.343
In addition to the permitted uses in the "Community Institutional (IC)" zone, a
seasonal farmers' market shall also be permitted.
HAL36.345A In addition to the provisions of Section 6 General Provisions, the subject lands
as having reference to this subsection shall be limited to the following:
a)
A machine shop operating as a home occupation to a maximum floor
area of 186 square metres;
b)
Operation of the home occupation shall be limited to one owner living
on the subject land and one employee;
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c)
Rear yard shall have a minimum of 20 metres for all or part of a home
occupation;
d)
No human habitation shall be permitted within the building in which the
machine shop is located;
e)
That the maximum height of the residential accessory building used as
part of the home occupation shall not exceed 4.9 metres.
HAL36.345B The following provisions shall apply to the lands identified as Parts 1 and 2 on
Map 'B':
a)
Notwithstanding the provisions of Subsection 29.1 -Permitted Uses of
the 'Community Institutional (IC)' zone, permitted uses shall be limited
to the following:
vi)
library
vii)
government offices
viii)
arena
ix)
community center
b)
Notwithstanding the provisions of Section 7 - Off-Street Parking, the
minimum number of parking spaces shall be 250, including a minimum
of 6 barrier-free spaces.
c)
Notwithstanding the provisions of Subsection 4.49 - Lot Frontage, the
lot line parallel to and abutting Thorburn Street shall be deemed to be
the lot frontage.
d)
That for the purposes of this by-law, an arena shall be defined as:
"An indoor facility where public entertainment, shows or sports events
may take place. An arena may include accessory uses such as
concession stand, tuck shop, meeting rooms, offices, multi-purpose
room, fitness and recreation facilities and parks work area/storage."
e)
That for the purposes of this by-law, a community center shall be
defined as:
"A place, building or part of a building where facilities are provided for
uses such as community functions, meetings, weddings, conferences,
learning forums, seminars and workshops."
HAL36.346
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
Part 1
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" Zone, a one family dwelling house and home
occupation shall not be permitted.
b)
That the keeping of livestock shall be prohibited in the existing barn.
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Part 2
a)
Notwithstanding the provisions of Section 28.2, General Provisions of
the "Agricultural (A)" zone, the minimum front yard setback for the
existing dwelling shall be 6 metres.
HAL36.347
That on the lands delineated as Part 1 on Map 'B' the following provisions shall
also apply:
i)
Section 16.1 Permitted Uses - General Commercial (CG) Zone:
permitted uses shall be limited to a retirement home facility.
ii)
For the purposes of this By-law, a 'retirement home facility' shall be
defined as:
"Shall mean a residence facility providing a private bedroom or living
unit (excluding kitchens), where such accommodation has an entrance
from a common hall, but where accessory common uses such as
dining, lounging, kitchen, recreational or medical facilities are also
provided. "
iii)
Notwithstanding the provisions of Section 16.2 Zone Provisions -
General Commercial (CG) Zone, a maximum building height of 13
metres is permitted.
iv)
Notwithstanding the provisions of Section 7.10 Number of Parking
Spaces, a parking standard of 1.0 space per 3 beds is required.
That on the lands delineated as Part 2 on Map 'B' the following provisions shall
also apply:
i)
Section 16.1 Permitted Uses - General Commercial (CG) Zone:
permitted uses shall be limited to the following:
a) Retail Establishment
b) Personal service shop
c) Merchandise service shop
d) Office
e) Bank
f) Hotel, motel, motor-hotel
g) Restaurant
h) Animal hospital, provided the entire operation is carried on within
an enclosed building
i) Parking lot or structure
j) Nursing home
k) Funeral home
l) Fire hall
m) Library
n) Clinic
HAL36.348
That on the lands delineated as having reference to this subsection and being
shown as Parts 'A' and 'B' on Map 'B', the following provisions shall apply:
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Part A
i
Notwithstanding subsection 6.7.1 (a) (maximum building height of
accessory uses to residential uses) a maximum height of 9.4 metres
shall be permitted for the barn existing on the date of passing of this
by-law.
ii
That the keeping of livestock shall be prohibited in the barn existing on
the subject lands on the date of passing of this by-law.
Part B
i)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
HAL36.349
That on the lands delineated as having reference to this subsection the
following provisions shall apply:
i)
Notwithstanding the provisions of Section 6.14 - Number of Dwelling
Houses per Lot; Section 15 - Seasonal Residential Zone; and, Section
34 - Hazard Land Zone, a maximum of two (2) seasonal dwellings may
be permitted on the subject lands
ii)
Development on the subject lands shall be substantially in accordance
with the development plan shown on Schedule HAL36.349.
HAL36.350
The Minimum Servicing provisions of Sections 6.26 and 9.2(g) shall not apply
to the subject lands and development may be permitted on private services
consisting of private water system and private on-site sewage system.
HAL36.351
The Minimum Servicing provisions of Sections 6.26 and 9.2(g) shall not apply
to the subject lands and development may be permitted on private services
consisting of private water system and private on-site sewage system.
HAL36.352
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
b)
That the keeping of livestock shall be prohibited in the barn existing on
the subject lands on the date of passing of this by-law.
c)
Notwithstanding subsection 28.2 (minimum front yard setback), a
minimum setback of 0 metres shall be permitted for the barn existing
on the date of passing of this by-law.
HAL36.353
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
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"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
b)
That the keeping of livestock shall be prohibited in the barn existing on
the subject lands on the date of passing of this by-law.
HAL36.354
That on lands delineated as having reference to this subsection, the following
provision shall apply:
Parcel 1
i.
That notwithstanding the Minimum Servicing provisions of Sections
6.26 and 8.2(g), development may be permitted on partial municipal
services consisting of municipal water system and private on-site
sewage system;
ii.
Minimum interior side yard setback (left) of 13 metres except where a
private garage is attached to the dwelling house on the left side in
which case the minimum interior side (left) shall be 11.5 metres; and
iii.
Minimum rear yard setback of 50 metres.
Parcel 2
i.
That notwithstanding the Minimum Servicing provisions of Sections
6.26 and 8.2(g), development may be permitted on partial municipal
services consisting of municipal water system and private on-site
sewage system;
ii.
Minimum interior side yard setback (right) of 13 metres; except where
a private garage is attached to the dwelling house on the right side in
which case the minimum interior side (right) shall be 11.5 metres; and
iii.
Minimum rear yard setback of 28 metres.
HAL36.355A That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural
(A)" zone, a one family dwelling house and home occupation shall not be
permitted.
b) That the keeping of livestock shall be prohibited in the accessory building
existing on the subject lands on the date of passing of this by-law.
HAL36.355B That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural
(A)" zone, a one family dwelling house and home occupation shall not be
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permitted.
b) That the keeping of livestock shall be prohibited in the accessory building
existing on the subject lands on the date of passing of this by-law.
HAL36.356
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding the provisions of Section 28.1 - Permitted Uses
in the "Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted on Part 2.
b)
That notwithstanding Section 28.2(c) (i) - General Zone Provisions,
the minimum front yard setback shall be 7.5 metres for the accessory
building on Part 2 existing on the date of passage of this by-law.
c)
That housing of livestock shall be prohibited in the barns existing on
Part 1 & 2 on the date of passing of this by-law.
d)
That notwithstanding Section 6.7.1(a) - Accessory Uses to Residential
Uses, the maximum height for the building existing on Part 1 on the
date of passage of this by-law shall be 10.67 metres.
HAL36.357
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding the provisions of Section 28.1 - Permitted Uses
in the "Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted on Part 2.
b)
That notwithstanding the provisions of Section 6.7.1(a) - Accessory
Uses to Residential Uses the maximum permitted height for the
accessory building existing on Part 1 on the date of passage of this by-
law shall be 6 metres.
HAL36.358
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding Section 20.1 - Permitted Uses, the range of
permitted uses shall be limited to the following:
i.
Country store
ii.
Personal service shop
iii.
Restaurant
iv.
Merchandize service shop
v.
Bank
vi.
Office
vii.
Antique shop
viii.
Fruit and vegetable outlet
ix.
Animal hospital
x.
One dwelling unit in a permitted building
xi.
One dwelling house
xii.
Museum
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xiii.
Library
xiv.
Art gallery
xv.
Clinic
xvi.
Place of assembly
xvii.
Place of worship
b)
That for the purposes of this By-law, a restaurant shall be defined as:
"An establishment where food is offered for sale or sold to the public
for immediate consumption either within the building or elsewhere.
This definition may include a licensed dining room, cafe, cafeteria,
lunch counter, tearoom, coffee shop, catering business, and drive-in
restaurant"
c)
That notwithstanding Section 20.2 (c) (i), the front yard setback shall
be nil for the building existing on the date of passage of this by-law.
HAL36.359
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That notwithstanding the provisions of Section 28.1 - Permitted Uses in
the "Agricultural (A)" zone, a one family dwelling house and home based
business shall not be permitted on Part 2.
b) That housing of livestock shall be prohibited in the barns existing on Parts
1 & 2 on the date of passing of this by-law.
c) That notwithstanding the provisions of Section 6.7.1(a) - Accessory Uses
to Residential Uses, the maximum permitted height for the accessory
building existing on Part 1 on the date of passage of this by-law shall be
5.02 metres.
HAL36.360
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted on Part 2.
b)
That housing of livestock shall be prohibited in the barn located on Part
1 on the date of passing of this by-law.
c)
That notwithstanding the provisions of Section 6.7.1(a) - Accessory
Uses to Residential Uses, the maximum permitted height for the
accessory building existing on Part 1 on the date of passage of this by-
law shall be 6.7 metres.
HAL36.361
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
the subject lands.
b)
That housing of livestock shall be prohibited in the barn existing on
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Part 1 on the date of passing of this by-law.
c)
That notwithstanding the provisions of Section 6.7.1(a) - Accessory
Uses to Residential Uses, the maximum permitted height for the
accessory building existing on Part 1 on the date of passage of this by-
law shall be 6 metres.
HAL36.362
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding Section 25.1 - Permitted Uses, the following
additional use is permitted:
i)
Machine shop consisting of the uses of processing,
manufacturing, light assembly and research & development.
ii)
That no building or structure shall be used, erected, renovated
or remodeled for use as a machine shop nearer than 70 metres
to any dwelling house or institutional use located on a separate
lot.
HAL36.363
a)
That on the lands delineated as having reference to this subsection,
the following provision shall apply:
i)
That notwithstanding the provisions of Section 28.1 - Permitted
Uses of the 'Agricultural (A)' Zone, a single detached dwelling
house (one family dwelling house) and home based business
shall not be permitted."
HAL36.364
That on the lands delineated as having reference to this subsection the
following provision shall apply:
a)
The keeping of livestock shall be prohibited on the lands shown as Part
1 on Map 'B':
b)
That notwithstanding the provisions of Section 6.7.1(a) Accessory Use
to Residential Uses, a maximum building height of 10.03 metres shall
be permitted for the residential accessory building on the lands shown
as Part 1 on Map 'B' existing on the date of passing of this by-law.
HAL36.365
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding Section 25.1 Permitted Uses of the Rural
Industrial (MR) Zone, permitted uses shall be limited to the following:
i)
Feed mill related uses
ii)
Any use permitted in the A Zone in accordance with the
provisions of that zone
b)
That for the purposes of this By-law, 'feed mill related uses' shall mean
uses such as product and materials storage, equipment and vehicle
service area, and transport truck parking and queuing area. Feed mill
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related uses shall not include the actual preparation or processing of
feed or similar products.
c)
That notwithstanding Section 25.2 (c) (i), the front yard setback shall
be 3.42 metres for the building existing on the date of passage of this
by-law.
HAL36.368
The Minimum Servicing provisions of Sections 6.26 and 9.2(g) shall not apply
to the subject lands and development may be permitted on private services
consisting of private water system and private on-site sewage system.
HAL36.369
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a) In addition to the applicable regulations and provisions contained in this By-
law, Section 6.29 Surplus Farm Dwelling Severance Properties shall also
apply to the lands having reference to this subsection and shall supercede
any section of the By-law with which there is a conflict."
HAL36.369 A That on the lands delineated as having reference to this subsection, the
following provision shall apply:
Part 1
a)
Notwithstanding section 6.7 Accessory Uses to Residential Uses, the
minimum interior side yard setback of the accessory building existing
on the date of passage of this by-law shall be 1.17 metres.
Part 2
b)
In addition to the applicable regulations and provisions contained
within this By-law, Section 6.29 Surplus Farm Dwelling Severance
Properties shall also apply to the lands having reference to this
subsection and shall supersede any section of the By-law which there
is a conflict.
HAL36.370
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
c)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
Part 1.
d)
That housing of livestock shall be prohibited in the barn existing on
Part 2 on the date of passing of this by-law.
e)
That notwithstanding the provisions of Section 6.7.1(a) - Accessory
Uses to Residential Uses, the maximum permitted height for the
accessory building existing on Part 2 on the date of passage of this by-
law shall be 8.54 metres.
f)
That notwithstanding the provisions of Section 28.2 General Zone
Provisions, the minimum lot frontage on Part 2 on the date of passage
of this by-law shall be 15 metres.
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HAL36.371
The following provisions relating to Section 13.2 (Zone provisions in the Urban
Residential Type 4 zone - (street townhouses, group townhouses, apartment
dwelling house) shall apply to the lands identified as subject lands shown on
Maps A and B attached hereto:
a) That in lieu of Section 13.2.2 a), minimum lot area shall be 175.35 square
metres for the townhouse blocks located on the east side of the subject
lands.
b) That in lieu of Section 13.2.2 b), the minimum frontage shall be 10.8
metres.
c) That for the purposes of this by-law, a townhouse shall be defined as:
"A dwelling house comprising three or more dwelling units with each
dwelling unit being divided one from the other by an above grade vertical
common wall, a minimum of 10 square metres in area and with each
dwelling unit having direct access to a yard."
d) That the maximum number of dwelling units permitted on the subject lands
shall be 14.
HAL36.372
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted
Uses in the "Agricultural (A)" zone, a one family dwelling house
shall not be permitted on Part 2.
b)
That housing of livestock shall be prohibited in the barns
located on Part 1 on the date of passing of this By-Law.
c)
That notwithstanding the provisions of Section 6.7.1(a) -
Accessory Uses to Residential Uses, the maximum permitted
height for the accessory buildings existing on Part 1 on the date
of passage of this By-Law shall be 7.62 metres.
d)
That notwithstanding the provisions of Section 6.7.1(e) -
Accessory Uses to Residential Uses, the maximum permitted
lot coverage for the accessory buildings existing on Part 1 on
the date of passage of this By-Law shall be 482.43 square
metres.
HAL36.373
That on the lands delineated as having reference to this subsection, the
following Provisions shall apply:
a) That notwithstanding Section 23.1 - Permitted Uses, the following
additional use is permitted:
i)
Retail Establishment.
HAL36.374
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
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a)
That notwithstanding Section 31.2(c) (i), the front yard setback shall
be 6 metres for the building existing on the date of passage of this By-
law.
HAL36.375
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
a) That housing of livestock shall be prohibited in the barns existing on
Part 1 on the date of passing of this by-law.
b) That notwithstanding Section 6.7.1(a) - Accessory Uses to Residential
Uses, the maximum height for the building existing on Part 1 on the
date of passage of this by-law shall be 12 metres.
c) That notwithstanding Section 6.7.1(e) - Accessory Uses to Residential
Uses, the maximum useable floor area for the building existing on Part
1 on the date of passage of this by-law shall be 547.8 square metres.
Part 2
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling shall not be permitted on
the subject lands.
HAL36.376
Notwithstanding subsection 10.2 a), b) and c), Zone Provisions of the Urban
Residential Type 1-B (R1-B), the following shall apply:
i.
Minimum Lot Area:
Interior Lot - 335 square metres
Corner Lot - 375 square metres
ii.
Minimum Lot Frontage:
Interior Lot - 10 metres
Corner Lot - 12 metres
iii.
Minimum Yard Requirements: Front Yard - 4.5 metres to the front face
of the dwelling, 6.0 metres to the front face of the garage.
Exterior Side Yard - 3 metres
Rear Yard - 7.5 metres
iv.
All dwelling units shall have an attached garage.
v.
That the definition of "Sight Triangle" contained in subsection 4.85 shall
not apply to the lands identified as having reference to this subsection and the
following definition shall apply in lieu thereof:
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on
one of the street lines to a point on the other street line, each point
being measured 6 metres from the point of intersection of the street
lines.
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HAL36.377
I.
That on the lands delineated as Part 1 on Map B attached to and
forming part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 18.1 Permitted Uses -
Neighbourhood Commercial (CN), permitted uses shall include:
a) Community centre
b) Convenience store
c) Day care nursery
d) Dry cleaning distribution station
e) Laundromat
f) Personal service shop
g) Place of worship
h) Video store
i) Professional office
j) Dental and/or medical office
k) Any non residential use permitted in the IN Zone in accordance
with the provisions of that zone
l) A maximum of four (4) dwelling units in a permitted building
m) Drive-thrus shall not be permitted.
ii. Notwithstanding the provisions of Section 18.2 (c) (ii), the minimum
exterior
side yard shall be 3 metres.
iii. A maximum 800 square metres of gross leasable floor area shall
be permitted
for a commercial plaza with individual commercial units being
limited to a maximum of 200 square metres gross leasable floor
area; save and except Personal Service Shop, Professional Office
and Dental and/or medical office which are permitted to a
maximum of 375 square metres of gross leasable floor area.
iv. That the definition of "Sight Triangle" contained in subsection 4.85
shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point
on one of the street lines to a point on the other street line, each
point being measured 6 metres from the point of intersection of the
street lines.
II
That on lands identified as Part 2 on Map B attached to and forming
part of this by-law, the following provisions shall apply:
i.
That the definition of "Townhouses" contained in subsection 4.25.5
shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"TOWNHOUSES" shall be a dwelling house comprising 3 or more
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dwelling units with each dwelling unit being subdivided from one
another by an above grade vertical common wall, a minimum of 10
square metres in total area and with each dwelling unit having
direct access to a yard.
ii. That the definition of "Sight Triangle" contained in subsection 4.85
shall not apply to the lands identified as having reference to this
subsection and the following definition shall apply in lieu thereof:
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point
on one of the street lines to a point on the other street line, each
point being measured 6 metres from the point of intersection of the
street lines.
iii. Notwithstanding the provisions of Section 13.1 Permitted Uses -
Urban Residential Type 4 Zone (R4), permitted uses shall include:
a) Street Townhouses
b) Semi-detached dwelling in accordance with the provisions of
the Urban Residential Type 2 Zone (R2)
c) Home Occupation
d) Single detached dwelling in accordance with the Urban
Residential Type 1-B Zone and the site specific provisions of
HAL36.377.
iv. Notwithstanding the provisions of Section 13.2.1 Zone Provisions
for Street Townhouses, the following shall apply:
a) Minimum Lot Area, corner lots - 185 square metres for each
dwelling unit
b) Minimum Lot Frontage, corner lots - 10 metres
c) Minimum Yard Requirements:
(i)
Minimum Front Yard - 4.5 metres to the front face of
the dwelling, 6.0 metres to the front face of the garage
(ii)
Minimum ExteriorYard - 3.0 metres
(iii)
Minimum Rear Yard - 6.0 metres
d) All dwelling units shall have an attached garage.
e) Board privacy and chain link fencing installations are not
permitted along the rear and side property lines of all lots
abutting the Thorburn Street road allowance.
v. Notwithstanding specific provisions of Section 10.2 Urban
Residential Type 1-B (R1-B), the following provisions shall
apply to a one family dwelling house:
a) Minimum Lot Area, interior lot - 235 square metres
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b) Minimum Lot Frontage:
(i)
Interior Lot - 10 metres
(ii)
Corner Lot - 12 metres
c) Minimum Yard Requirements:
(i)
Front Yard - 4.5 metres to the front face of the dwelling,
6.0 Metres to the front face of the garage
(ii)
Exterior Side Yard - 3.0 metres
(iii)
Rear Yard - 7.5 metres
d) All dwelling units shall have an attached garage
e) Board privacy and chain link fencing installations are not
permitted along the rear and side property lines of all lots
abutting the Thorburn Street road allowance.
vi. That notwithstanding the permitted uses of Section 32.1 Open
Space Zone (OS), only the following uses shall be permitted on
Part 3:
a) Park
b) Multi-use recreational trail and recreational space without
buildings or structures.
vii. That notwithstanding the permitted uses of Section 34 Hazard
Land Zone (HL), only the following uses shall be permitted on
Part 4:
a) Park, provided there are no buildings or structures
b) Multi-use recreational trail and recreational space without
buildings or structures.
HAL36.378
A.
Permitted Uses
That notwithstanding Section 23.1 Permitted Uses of the 'General
Industrial (MG)' Zone, on the lands having reference to this subsection,
permitted uses shall include:
(i) processing, manufacturing and light assembly plant;
(ii) fuel storage depot for home and farm sales;
(iii) truck terminal;
(iv) research and development facilities;
(v) industrial supply establishment;
(vi) retail sales related to an industry on the same lot;
(vii) industrial offices;
(viii)fitness and health care facilities;
(ix) sports facilities;
(x) adult entertainment facilities;
(xi) merchandise service shop;
(xii) custom workshop;
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(xiii) printing and publishing establishment;
(xiv) automobile service station;
(xv) automobile washing establishment;
(xvi) vehicle sales and/or rental establishment and may include
open storage accessory thereto;
(xvii) farm implement sales and service establishment;
(xviii)warehouse;
(xix) wholesale establishment;
(xx) contractor's yard;
(xxi) public utility yard;
(xxii) trade school;
(xxiii)open storage accessory to a permitted use;
(xxiv) one (1) supermarket;
(xxv) one (1) department store;
(xxvi) Specialty GAFO stores, being those stores consisting of the
retail sale of general merchandise; apparel & accessories; furniture
and home furnishings; electronics and appliance; sporting goods;
hobby, music and books; or other miscellaneous retail;
(xxvii) one (1) home improvement/building supply store;
(xxviii) service commercial stores including personal service
shops;
restaurants;
financial
institutions;
personal
service/professional offices; and, other similar uses.
B.
General Regulations
In addition to the applicable regulations contained in Section 6
(General Provisions), the following regulations shall also apply to the
lands having reference to this subsection:
(i) That notwithstanding Section 23.2 Zone Provisions of the
'General Industrial (MG)' Zone, on the lands having reference
to this subsection, the following minimum yard requirement are
as follows:
i.
front yard
-3.5 metres
ii.
exterior side yard
-3.5 metres
iii.
interior side yard
-3 metres
iv.
rear yard
-9 metres
(ii) The maximum gross useable floor area of a supermarket shall
be 4,180 square metres;
(iii) The maximum gross useable floor area of a department store
shall be 8,361 square metres which may consist of a maximum
gross useable floor area of 6,503 square metres for non-food
uses and a maximum gross useable floor area of 1,858 square
metres for food uses;
(iv) A maximum gross useable floor area of 1,858 square metres
of the total permitted Specialty GAFO gross useable floor area
may consist of stores of less than 465 square metres in
individual size;
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(v) The maximum gross useable floor area of a home
improvement/building supply store shall be 5,574 square
metres.
C.
Phase 1 Development Regulations
Phase 1 development shall be limited to the following:
(i) A maximum gross useable floor area of 15,455 square metres
for the entire phase is permitted;
(ii) A maximum gross useable floor area of 2,787 square metres
for Specialty GAFO is permitted;
(iii) A max imum of 929 square metres of the total 2,787 square
metres of Specialty GAFO permitted in this phase may consist
of stores of less than 465 square metres in individual size;
(iv) An anchor tenant consisting of one of supermarket, home
improvement/building supply store, or department store must
be the first stage of development and shall be operational prior
to the balance of retail uses in this phase being established.
D.
Phase 2 Development Regulations
Phase 2 Development shall not be initiated any earlier than 36 months
after the opening of a Phase 1 anchor tenant being one of
supermarket, home improvement/building supply store, or department
store.
Phase 2 development shall be limited to the following:
(i) A maximum gross useable floor area of 14,283 square metres
for the entire phase is permitted;
(ii) A maximum gross useable floor area of 3,019 square metres
for Specialty GAFO (General Merchandise, Apparel &
Accessory, Furniture, and Other Sales) is permitted;
(iii) A maximum of 929 square metres of the total 3,019 square
metres of Specialty GAFO permitted in this phase may consist
of stores of less than 465 square metres in individual size;
(iv) A holding - 'H' provision will be placed on the zoning of Phase
2. Removal of the holding - 'H' provision is dependant upon
confirmation that market and population growth assumptions in
the supporting market studies have come to fruition.
E.
Definitions
For the purposes of this by-law, on the lands having reference to this
subsection, the following Definitions shall apply:
(i) A "Supermarket" shall mean a building in which the main use
is the retail sale of a balanced line of goods such as canned,
bottled, packaged, and frozen foods, fresh meat and poultry,
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fish, fresh fruits and vegetables, prepared food products,
bakery products, dairy products, candy and confectionary and
other food products. In addition, newspapers, magazines,
paper products, soft drinks, tobacco products, health and
beauty aids, housewares, flowers and plants and other non-
food items may be sold. Services may also be offered for sale
provided they are subordinate to the main use.
(ii) A "Department Store "shall mean a retail commercial
establishment where a wide range of merchandise is sold
including but not limited to general merchandise, drugs and
medicine, food, wine, lottery products, and garden centre; and
where a wide range of services may be provided, including but
not limited to photographic services, restaurant, optical
services,
pharmaceutical
services,
financial
services,
automotive services and repair, gas bar, children's amusement
facility, travel agency, dry cleaning and hair salon services.
(iii) "Specialty GAFO"shall mean a building in which the main use
is the retail sale of general merchandise; apparel &
accessories; furniture & home furnishings; electronics &
appliances; sporting goods; hobby, music & books; or other
miscellaneous retail. Department stores as defined herein,
super markets as defined herein, home & auto stores and
warehouse membership clubs are not included in this category.
(iv) A "Home Improvement/Building Supply Store" shall mean a
building in which the main retail use is the retail sale of building
and/or garden materials and which may include the outside
storage of goods and materials.
(v) "Service Commercial Store" shall mean a building or part of
a building in which the main non-retail commercial use is a
service type use. A service type use may include, but not be
limited to the following:
i.
"Personal Service Shop" shall mean an establishment
where a personal service is performed, such as a
barber shop, beauty salon, dressmaking shop, shoe
repair shop, tailor shop, photographic studio, music
studio or similar use.
ii.
"Restaurant" shall mean a building or part of a building
where food is offered for sale or sold to the public for
immediate consumption either within the building or
elsewhere. This definition includes, but is not limited to,
a licensed dining lounge, cafe, cafeteria, lunch counter,
tearoom or coffee shop, an outdoor patio or cafe.
iii.
"Financial Institution "shall mean a building or part of
a building where the primary business and function is
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the handling and investment of funds, such as a bank,
trust company, savings and loan association or
investment company.
iv.
"Personal Service/Professional Office" shall mean a
building or part of a building being used as an office for
individuals providing a service directly to the public
(including but not limited to a real-estate office, travel
agency, insurance brokerage or government office) or
used for the practise of a profession (including but not
limited to such offices as an accountant, architect,
dentist, engineer, land surveyor, land use planner,
v.
physicians, or other generally recognized professional).
HAL36.379
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
a)
That notwithstanding Section 28.2 (c) (i), the front yard setback shall
be 3.2 metres for the building existing on Part 1 on the date of passage
of this by-law.
Parts 2 and 3
a)
That notwithstanding Section 21.1 - Permitted Uses, the following
additional uses are permitted on Parts 2 and 3:
i)
Establishment for retail sale and wholesale of meat and
bakery products;
ii)
Bakery.
b)
That Notwithstanding Section 21.2 (c) (iii), interior side yard (left)
setback shall be 0.37 metres for the building existing on Part 3 on the
date of passage of this by-law.
HAL36.380
That on lands delineated as having reference to this subsection, and identified
as Part 1, the following provisions shall apply:
a)
That notwithstanding Section 11.2 (c) (iii), the interior side yard setback
shall be 1.7 metres, except where a private garage is attached to the
dwelling house in which case the minimum interior side yard adjacent
to the attached private garage shall be 1.2 metres. In the case of a lot
being subdivided for the purpose of separate ownership of semi-
detached dwelling units no interior side yard need be provided along
the common side lot line between the lots created by the subdivision.
b)
That the residential accessory structures existing on the date of
passage of this by-law are permitted to be retained in their present
locations until such time as construction of a semi-detached dwelling
is initiated.
c)
That notwithstanding Section 11.2 (d), the maximum dwelling height
shall be 8.5 metres.
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d)
That the dwelling shall be limited to one (1) storey as defined in Section
4.87 of By-Law 1H-86.
That on lands delineated as having reference to this subsection, and identified
as Part 2, the following provisions shall apply:
a)
That notwithstanding Section 11.2 (c) (i), the front yard setback shall
be 3.38 metres for the building existing on the date of passage of this
by-law.
b)
That notwithstanding Section 11.2 (c) (ii), the exterior side yard
setback shall be 3.96 metres for the building existing on the date of
passage of this by-law.
c)
That notwithstanding Section 11.2 (e), minimum usable floor area shall
be 50.82 square metres for the building existing on the date of passage
of this by-law.
d)
Section 6.7 (b) Accessory Uses to Residential Uses shall not apply to
the buildings existing on the date of passage of this by-law.
e)
Section 6.19 Non-obstruction of Sight Triangles shall not apply to the
buildings existing on the date of passage of this by-law.
HAL36.381
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a)
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a single detached dwelling is also permitted.
HAL36.382
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house shall not be
permitted on Part 2.
b)
That notwithstanding the provisions of Section 28.2 (c)(i) - front yard,
the minimum front yard setback requirement for the dwelling existing
on Part 1 on the date of passage of this by-law shall be 11.5 metres.
HAL36.383
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding Section 13.1 - Permitted Uses, the following
additional use is permitted on the subject lands:
i.
Office with a total maximum gross useable floor area of 311
square metres.
b)
That notwithstanding Section 6.7(a) - Accessory Uses to Residential
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Uses, maximum height shall be 6.1 metres for the accessory
building existing on the date of passage of this by-law.
c)
That notwithstanding Section 6.7(e) - Accessory Uses to Residential
Uses, maximum lot coverage shall be 200 square metres for
the accessory building existing on the date of passage of this
by-law.
HAL36.384
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house shall not be
permitted on Part 2.
b)
That notwithstanding the provisions of Section 28.2(b) - Minimum Lot
Frontage, the minimum lot frontage requirement for Part 1 shall be 15
metres.
HAL36.385
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a)
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
HAL36.386
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a)
That notwithstanding the provisions of Subsection 28.2(b) Minimum
Lot Frontage, the minimum lot frontage requirement shall be 12
metres.
HAL36.387
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
That notwithstanding the provisions of Subsection 15.2 Zone
Provisions - Two Family Dwelling House, the following shall apply:
a)
Minimum Lot Frontage - 18 metres for an interior lot. In the
case of a lot with such minimum frontage being subdivided for
the purpose of separate ownership of semi-detached dwelling
units the minimum lot frontage shall be 9.0 metres for each
subdivided lot.
HAL36.388
That on lands delineated as having reference to this subsection and being
referred to as 'Subject Lands', the following provisions shall apply:
i.
That notwithstanding Minimum Services provisions of Section 6.26 and
8.2 (g), development may be permitted on individual on-site private
services.
ii.
That notwithstanding the Minimum Lot Frontage provisions of Section
8.2 (b), the Minimum Lot Frontage of the subject lands on the date of
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passage of this by-law shall be 16.8 metres (55.4 feet).
HAL36.389
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 Permitted Uses of the
Agricultural (A) Zone, a one family dwelling house shall not be
permitted on Part 2.
b)
That notwithstanding the provisions of Section 28.1 Minimum Lot
Frontage, the minimum lot frontage requirement for the dwelling
existing on Part 1 on the date of passage of this by-law shall be 10.0
metres.
c)
That housing of livestock shall be prohibited in the buildings existing
on Part 2 on the date of passing of this by-law.
HAL36.390
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a)
Notwithstanding the provisions of Section 28.1 Permitted Uses of the
Agricultural (A) Zone, a one family dwelling house shall not be
permitted on the subject lands.
HAL36.391
That, on lands delineated as having reference to this subsection and being
referred to as 'Subject Lands', the following provision shall apply:
a)
Notwithstanding the provisions of Section 28.1 Permitted Uses of the
Agricultural (A) Zone, a one family dwelling house and home
occupation shall not be permitted on Part B.
b)
That the housing of livestock shall be prohibited in the building(s)
existing on Part A on the date of passing of this by-law.
c)
Notwithstanding provision 6.7 Accessory Uses to Residential Uses, the
existing accessory structure located on Part A on the date of passing
of this by-law shall be a maximum area of 266 square metres.
HAL36.392
That on the lands delineated as Part 1 and having reference to this subsection,
the following provisions shall apply:
a)
That notwithstanding 'Neighbourhood Institutional (IN)' Section 30.1
Permitted Uses, permitted uses shall include:
i.
Day Care Operation
ii.
Children's Place of Recreation
iii.
One dwelling unit in a permitted building.
b)
For the purposes of this subsection, a Day Care Operation shall mean:
"A building or part of a building used for the supervision, care and
recreation for children provided during the day and which is conducted
by a qualified person or organization."
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c)
For the purposes of this subsection, a Children's Place of Recreation
shall mean: "A building or part of a building where facilities are provided
for the play and interaction of children."
d)
For the purposes of this subsection, a Children's Place of Recreation
shall be limited to a maximum useable floor area of 600 square metres.
HAL36.393
That on the lands delineated as Part 1 and Part 2 on Map B attached to and
forming part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 29.2 (c)(i), the minimum front
yard requirement shall be 3.0 metres.
ii.
Notwithstanding the provisions of Section 29.2 (c)(ii), the minimum
exterior side yard requirement shall be 0 metres.
iii.
Notwithstanding the provisions of Section 29.2 (c)(iii), the minimum
interior side yard requirement shall be 1.8 metres.
iv.
Notwithstanding the provisions of Section 4.48.1 "Front Lot Line", the
front lot line shall be deemed to be the northerly lot line that runs parallel to
and abuts Talbot Street East.
HAL36.394
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That notwithstanding Section 26.1 - Permitted Uses, the range of permitted
uses shall be limited to the following:
i.
Stockpiling of clean clay/soil
ii.
Location of ground water monitoring wells
iii.
General naturalized buffer area.
b)
No waste material handling, processing, disposal or landfilling shall be
permitted on the subject lands.
HAL36.395
1. Zoning for Urban Residential Type 1-B (R1-B) - One and Two Family Dwellings
That on the lands delineated as Part 1 on Maps 'B.1' and 'B.2' attached to and
forming part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 10.1 Permitted Uses - Urban
Residential Type 1-B (R1-B), permitted uses shall include:
a) One family dwelling house
b) Two family dwelling house
ii.
That notwithstanding the provisions of Section 10.2 Zone Provisions, the
following shall apply:
Provision
Permitted
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a) 10.2(a)
Minimum
Lot Area
220 square metres for an interior lot and 265
square metres for a corner lot
b) 10.2(b)
Minimum
Lot Frontage
8 metres for an interior lot and 10 metres for
a corner lot
c) 10.2(c)(i) Minimum
Front Yard
4.5 metres to the dwelling and 6.0 metres to
the garage
d) 10.2(c)(ii)
Exterior
Side Yard
2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0 metres
from the lot line on the flankage street.
e) 10.2(c)(iii)
Interior
Side Yard
For one family dwelling house: 1.2 metres on
one side and 0.6 metres on the other side.
For two family dwelling house: 1.2 metres,
except no interior side yard is required along
common lot line.
f) 10.2(c)(iv)
Rear
Yard
7.0 metres
Any provisions of the R1-B zone not specifically identified above, are
applicable as set out in Section 10 of By-law 1 H 86.
iii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and
Section 7.1.5(d) Parking Lot and Garage Requirements, the following
shall apply:
"The parking space size located within a garage shall have a minimum
width of 3.0 metres and have a minimum length of 6.0 metres. Stairs,
to a maximum of 3 risers or 0.61 metres, shall be permitted to encroach
into this parking space."
iv.
That notwithstanding Section 6.21(a) and (b) Exemptions form Yard
Provisions, soffit, cornice, eaves or gutters may project into any required
yard or setback a distance of not more than 0.4 metres.
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions,
a porch may project into any required front yard setback a distance of
not more than 2.0 metres; any required exterior side yard setback a
distance of not more than 1.8 metres; and, any required rear yard
setback a distance of not more than 2.5 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions,
steps/stairs may project into any required front yard or setback a
distance of not more than 3.5 metres.
vii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions,
a patio or deck above the finished grade may project into any required
rear yard setback a distance of not more than 2.5 metres. Any patio or
deck constructed in a rear yard is restricted to a maximum size of 3.1
metres by 2.5 metres.
viii.
That notwithstanding Section 6.7(e), an accessory building or
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combination of buildings is permitted up to a maximum of 10% lot
coverage or 10 square metres, whichever is less.
ix.
That an air conditioning unit shall be setback a minimum of 0.6 metres
from any side or rear property line. An air conditioning unit is not
permitted in any part of a required front yard or front setback.
x.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this by-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
xi.
That a garage face can extend a maximum of 1 metre in front of a ground
floor porch where it meets all other applicable setbacks.
2.
Zoning for Urban Residential Type 4 (R4) - Townhouses, One and Two Family
Dwellings
That on the lands delineated as Part 2 on Map 'B.1' attached to an forming
part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses -
Urban Residential Type 4 (R4), permitted uses shall include:
a) Street townhouses
b) Group townhouses
c) One and two family dwelling houses subject to the provisions
outlined in paragraph 9) 1. of this by-law;
ii.
Notwithstanding the provisions of Section 13.2.1 Zone Provisions -
Street Townhouses, the following shall apply:
Provision
Permitted
a) 13.2.1(a)(i)(ii)
and
(iii)
Minimum
Lot
Area
(i) interior lot - 150 square metres per unit
(ii) interior lot with attached private garage -
150 square metres per unit
(iii) corner lot with attached private garage -
210 square metres per unit
b) 13.2.1(b)(i) and (ii)
Minimum
Lot
Frontage
(i) interior lot - 5.5 metres per unit
(ii) corner lot - 8 metres per unit
c) 13.2.1(c) Minimum
Front Yard
4.5 metres to the dwelling and 6.0 metres to
the garage
d) 13.2.1(d) Minimum
Exterior Side Yard
2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0 metres
from the lot line on the flankage street.
e) 13.2.1(g) Minimum
Rear Yard
6.0 metres
Any provisions of the R4 zone not specifically identified above, are applicable
as set out in Section 13 of By-law 1 H 86.
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iii.
That notwithstanding Section 4.25.5 Definition of Townhouses, the
following shall apply:
"Townhouses shall mean a dwelling house comprising three or
more dwelling units with each dwelling unit being divided one
from the other by an above grade vertical common wall, a
minimum of 10 square metres in area and with each dwelling
unit having direct access to a yard. A maximum of eight
dwelling units are permitted in a row."
iv.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and
Section 7.1.5(d) Parking Lot and Garage Requirements, the following
shall apply:
"The parking space size located within a garage shall have a
minimum width of 3.0 metres and have a minimum length of 6.0
metres. Stairs, to a maximum of 3 risers or 0.61 metres, shall
be permitted to encroach into this parking space.
v.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any
required yard or setback a distance of not more than 0.4 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, a porch may project into any required front yard setback a
distance of not more than 2.0 metres; any required exterior side yard
setback a distance of not more than 1.8 metres; and, any required rear
yard setback a distance of not more than 2.5 metres.
vii.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, steps / stairs may project into any required rear front yard
or setback a distance of not more than 3.5 metres.
viii.
That notwithstanding Section 6.21(d) Exemptions from Yard
Provisions, a patio or deck above the finished grade may project into
any required rear yard setback a distance of not more than 2.5 metres.
Any patio or deck constructed in a rear yard is restricted to a maximum
size of 3.1 metres by 2.5 metres.
ix.
That notwithstanding Section 6.7(e), an accessory building or
combination of buildings is permitted up to a maximum of 10% lot
coverage or 10 square metres, whichever is less.
x.
That an air conditioning unit shall be setback a minimum of 0.6 metres
from any side or rear property line. An air conditioning unit is not
permitted in any part of a required front yard or front setback.
xi.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this by-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
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xii.
That a garage face can extend a maximum of 1 metre in front of a
ground floor porch where it meets all other applicable setbacks.
xiii.
That where a street townhouse block having 8 or more units is
constructed at the intersection of a local street and a collector street,
with the units facing the collector street, the driveway and garage of
the corner lot shall be located on the local street.
For the purposes of this by-law, a collector street is a street with a right-
of-way width of 20 metres or greater. A local street is a street with a
right-of-way width with 18 metres or less.
3.
Zoning for Neighbourhod Commercial (CN)
That on lands delineated as Parts 3.1, 3.2 and 3.3 on Map 'B.1' attached to and
forming part of this by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of section 18.1 Permitted Uses -
Neighbourhood Commercial (CN), permitted uses shall include:
a) retail establishment
b) personal service shop
c) merchandise service shop
d) office
e) bank
f) restaurant
g) automobile service station
h) automobile washing establishment
i) bus or taxi terminal
j) laundromat
k) dry cleaning distribution centre
l) place of entertainment
m) animal hospital, provided the entire operation is carried on within an
enclosed building
n) parking lot or structure
o) any non-residential use permitted in the IC Zone
p) convenience store
q) gas bar
r) drive-through facilities accessory to a permitted use
s) residential apartment units permitted to a maximum density of 85 units per
hectare and a minimum density of 25 units per hectare. Apartment dwelling
units are permitted as follows:
-
as part of a mixed use building which contains a commercial
component or
-
as part of a stand-alone apartment residential building provided
that a commercial use has been established at the site.
Where a mixed use building is proposed, no apartment dwelling
units are permitted on the ground floor.
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ii.
That notwithstanding the provisions of Section 18.2 Zone Provisions, the
following shall apply:
Provision
Permitted
a) 18.2(c)(i)
Minimum
and Maximum Front
Yard
3.0 metres
b) 18.2(c)(ii)
Minimum
Exterior Side Yard
3.0 metres
c) 18.2(c)(iv)
Minimum
Rear Yard
3.0 metres
d) 18.2(d)
Maximum
Building Height
3 storeys
e) 18.2(e)
Maximum
Usable
Commercial
Floor Area
(i) Part 3.1 on Map 'B.1' of By-law, 560
square metres, with a maximum of 30% of
the usable commercial floor area being
permitted for retail establishments.
(ii) Part 3.2 on Map 'B.1' of the By-law, 1,100
square metres, with a maximum of 30% of
the usable commercial floor area being
permitted for retail establishments
(iii) Part 3.3 on Map 'B.1' of the By-law, 1,200
square metres, with a maximum of 30% of
the usable commercial floor area being
permitted for retail establishments.
Any provisions of the CN zone not specifically identified above, are applicable
as set out in Section 18 of By-law 1 H 86.
iii.
That a minimum building height of two storeys shall apply to any mixed use or
residential building; and, a minimum height appearance of two storeys shall
apply to buildings constructed for commercial use only.
iv.
That a landscape buffer with a minimum width of 3 metres is required along
all property boundaries.
v.
That notwithstanding Section 7.3 Other Parking Spaces and Section 7.10
Number of Parking Spaces, 1.25 parking spaces per apartment dwelling unit
shall be required; plus, 1 visitor space for every 10 dwelling units. Required
parking for visitor and non-residential uses may be shared. All other
commercial parking requirements remain in force and effect.
4.
Zoning for Neighbourhood Institutional (IN)
That on the lands delineated as Part 4 on Map 'B.1' attached to and forming par of
this by-law, the following provisions shall apply:
i.
That notwithstanding the permitted uses of Section 30.1 Neighbourhood
Institutional Zone (IN), only the following uses shall be permitted on Part 4:
a) School
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b) Park
c) Multi-use recreational trail and recreational space.
5.
Zoning for Open Space (OS)
That on the lands delineated as Part 5 on Maps 'B.1' and 'B.2' attached to and forming
part of this by-law, the following provisions shall apply:
i.
That notwithstanding the permitted uses of Section 32.1 Open Space Zone
(OS), only the following uses shall be permitted on Part 5:
a) Park
b) Multi-use recreational trail and recreational space without buildings or
structures
c) Stormwater management facilities, subject to the approval of the Grand
River Conservation Authority
d) Pumping station subject to the approval of the Grand River Conservation
Authority
6.
Zoning for Hazard Lands (HL)
That on the lands delineated as Part 6 on Maps 'B.1' and 'B.2' attached to and forming
part of this by-law, the following uses shall be permitted on Part 6:
a) Park, provided there are no buildings or structures
b) Multi-use recreational trail and recreational space without buildings or structures
7.
General Provisions
The following General Provisions apply to the lands shown on Maps 'A', 'B.1' and 'B.2'
attached to and forming part of this by-law;
i.
That the definition of "Sight Triangle" contained in subsection 4.85 shall not
apply to the lands delineated as having reference to this subsection and the
following definition shall apply in lieu thereof:
a) Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one
of the street lines to a point on the other street line, each point being
measured 4.5 metres from the point of intersection of the street lines.
b) Intersection of Local Roads / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one
of the street lines to a point on the other street line, each point being
measured 7.5 metres from the point of intersection of the street lines.
ii.
That a minimum density of development be set for the entire subject lands
shown on Maps 'A', 'B.1' and 'B.2' at 46 persons and jobs per hectare. The
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density measure is to be calculated based upon: 3.16 persons per one family
dwelling house; 3.16 persons per two family dwelling house (each dwelling
unit); 2.74 persons per townhouse dwelling unit; and, 1.86 persons per
apartment dwelling unit.
HAL36.396
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)"zone, a one family dwelling shall not be permitted on the
subject lands.
HAL36.397
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That notwithstanding Section 6.7(c), the interior side yard setback shall be
0.61 metres for the existing accessory structure on the date of passage of
this by-law.
HAL36.398
That on the Subject Landshaving reference to this subsection, the following
provisions shall apply:
a) That notwithstanding "Urban Residential Type 2 (R2)" Section 11.1,
Permitted Uses, permitted uses shall include:
xii. Day Care Operation
xiii. Single detached dwelling in accordance with the R1-B zone
provisions
xiv. Semi-detached dwelling unit
b) For the purpose of this subsection, a day care operation shall mean: "A
building or part of a building used for the supervision, care and recreation
for children provided during the day and which is conducted by a qualified
person or organization."
HAL36.399
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 -- Permitted Uses in the
"Agricultural (A)"zone, a one family dwelling house shall not be
permitted on Part 2.
b)
That notwithstanding the provisions of Section 28.2(b) - Minimum Lot
Frontage, the minimum lot frontage requirement for the dwelling
existing on Part 1 on the date of passage of this by-law shall be 15.0
metres.
c)
Notwithstanding provision 6.7 - Accessory Uses to Residential Uses,
the existing accessory structures located on Part 1 on the date of
passing of this by-law shall be a maximum area of 472 square metres
and the maximum height of 7 metres.
HAL36.400
DELETED BY BY-LAW 1008-HC/17
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HAL36.401
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house shall not be permitted
on Part 2.
b) That notwithstanding the provisions of Section 28.2 (b) - Minimum Lot
Frontage, the minimum lot frontage requirement for Part 1 shall be 27
metres.
c) That notwithstanding the provisions of Section 28.2 (c)(iv) - Minimum Rear
Yard, the minimum rear yard requirement for the dwelling existing on Part
1 on the date of passage of this by-law shall be 11.4 metres.
d) That notwithstanding the provisions of Section 28.2 (c)(ii) - Exterior Side
Yard, the minimum exterior side yard for the barn existing on Part 2 on the
date of passing of this by-law shall be 12 metres.
e) That the housing of livestock shall be prohibited in the building(s) existing
on Part 1 and Part 2 on the date of passing of this by-law.
HAL36.402
That, on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural
(A)" zone, a one family dwelling house shall not be permitted on the subject
lands.
b) Livestock opportunities shall not be permitted in the barn existing on the
subject lands on the date of passage of this by-law.
HAL36.403
That on the land delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house shall not be
permitted on Part 2.
b)
That, notwithstanding the provisions of Section 28.2 (b) - Minimum Lot
Frontage, the minimum lot frontage shall be 19.8 metres.
c)
That, notwithstanding the provisions of Section 28.2 (c)(iv) - Minimum
Rear Yard, the minimum rear yard shall be 6 metres.
d)
Notwithstanding provision 6.7 - Accessory Uses to Residential Uses -
the existing accessory structures located on Part 1 on the date of the
passing of this by-law shall be a maximum usable floor area of 357
square metres and the maximum height of 8.5 metres.
e)
That the housing of livestock shall be prohibited in the building(s)
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existing on Part 1 on the date of passing of this by-law.
HAL36.404
That, on lands delineated as having reference to this subsection and being
referred to as 'Subject Lands', the following provision shall apply:
Part 1 & 2:
a)
Notwithstanding the provisions of Section 35.1 - Permitted Uses - the
uses within the 'Light Industrial (ML)' Zone shall be limited to the uses
existing on the date of passage of this by-law, which includes parking,
delivery and loading areas and lanes, open storage and accessory
uses to the existing industrial operation. Accessory uses shall include
any above or below ground infrastructure required to service the
operation.
Part 3:
a)
The agricultural use on the date of passage of this by-law shall be
permitted to continue to operate within the 'Development (D)' Zone.
The agricultural use shall be removed prior to any development taking
place on the subject lands.
b)
That notwithstanding the provisions of Section 35.2 (a) - Minimum Lot
Area - the minimum lot area shall be 3.58 hectares; and
c)
That notwithstanding the provisions of Section 35.2 (b) - Minimum Lot
Frontage - the minimum lot frontage requirement shall be 14.5 metres.
HAL36.406
That on lands delineated as having reference to this subsection, the following
provision shall apply:
Part 1
a. That the definition of 'Rear Lot Line' contained in subsection 4.48.2(a)
shall not apply to the lands identified as having reference to this subsection
and the following definition shall apply in lieu thereof:
"The rear lot line shall be deemed to be the most northerly lot line."
b. That the definition of 'Interior Side Lot Line' contained in subsection 4.48.6
shall not apply to the lands identified as having reference to this subsection
and the following definition shall apply in lieu thereof:
"The most westerly lot line shall be deemed to be an interior side lot line."
Part 2
a. The minimum rear yard setback shall be 8.0 metres.
Part 3
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a. The minimum exterior side yard setback shall be 3.0 metres without
parking accessed via a rear lane.
HAL36.407
That on lands delineated as having reference to this subsection, the following
provision shall apply:
Part 1
i.
That notwithstanding the Minimum Servicing provisions of Sections 6.26
and 8.2(g), development may be permitted on partial municipal services
consisting of municipal water system and private on-site sewage system;
ii.
That the minimum interior side yard (right) setback shall be 18.05 metres;
except where a private garage is attached to the dwelling house on the
right side in which case the minimum interior side yard (right) setback shall
be 16.55 metres; and
Part 2
i.
That notwithstanding the Minimum Servicing provisions of Sections 6.26
and 8.2(g), development may be permitted on partial municipal services
consisting of municipal water system and private on-site sewage system;
ii.
That the minimum interior side yard (right) setback shall be 18.05 metres;
except where a private garage is attached to the dwelling house on the
right side in which case the minimum interior side yard (right) setback shall
be 16.55 metres; and
Part 3
i. That notwithstanding the Minimum Servicing provisions of Sections 6.26
and 8.2(g), development may be permitted on partial municipal services
consisting of municipal water system and private on-site sewage system.
HAL36.408
That on lands delineated as having reference to this subsection, the
following provision shall apply:
Parts 1 to 3
i.
That notwithstanding the Minimum Servicing provisions of Sections 6.26
and 8.2(g), development may be permitted on partial municipal services
consisting of municipal water system and private on-site sewage system;
HAL36.409
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
c)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home occupation
shall not be permitted on Part 2.
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d)
That, notwithstanding the provisions of Section 28.2(b) - minimum lot
frontage, the minimum lot frontage shall be 11.38 metres.
HAL36.409 B That on the lands delineated as having reference to this subsection and shown
as Parts 1, 2 and 3, the following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home occupation
shall not be permitted."
HAL36.410
That on the lands identified as having reference to this subsection, the
following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 - Permitted Uses of the
'Urban Residential Type 4 (R4)' zone, permitted uses shall include:
a. a maximum of two (2) apartment dwelling houses, with a
maximum of twenty-four (24) dwelling units being permitted in
each apartment dwelling house;
b. That for the purposes of this by-law, Section 6.14 Number of
Dwelling Houses Per Lot, shall not apply.
ii.
Notwithstanding any provisions contained in subsection 13.2.4, the
minimum yard requirements shall be as follows:
(i)
Minimum front yard - 0.60 metres
(ii)
Maximum front yard - 4.0 metres
(iii)
Minimum interior side yard (left) - 4.1 metres
(iv)
Minimum rear yard - 21 metres
iii.
THAT for the purposes of this by-law, the maximum floor area ratio for
apartment dwelling houses shall be 0.64.
iv.
Notwithstanding any provisions contained in subsection 7.2.3 (c), no
parking lot shall be located within 1.65 metres of any dwelling on the lot
or of any interior lot line abutting another residential zone.
v.
THAT for the purposes of this by-law, the maximum height for an
apartment dwelling house shall be 3 storeys.
vi.
THAT, for the purposes of phased registration of condominium, internal
lot lines created by phased registration of a plan of condominium shall
not be construed to be lot lines for the purpose of zoning regulations
provided that all such regulations as they apply to the whole of the lot
existing prior to any condominium plan registration are observed.
HAL36.411
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
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"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted on Part 1.
b)
That, notwithstanding the provisions of Section 6.7 (a) - maximum height
for an accessory structure, the maximum height is 7.62 metres (25 feet)
in height for the building existing on Part 2 on the date of passage of this
by-law.
c)
That, notwithstanding the provisions of Section 6.7 (e) - maximum
usable floor area for an accessory structure, the maximum usable floor
area is 211.4 square metres for the buildings existing on Part 2 on the
date of passage of this by-law.
HAL36.412
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Section 28.1 (Permitted Uses) of the "Agricultural Zone (A)" shall also
include a garden centre.
b)
Notwithstanding any provisions contained in subsection 28.2 (c) iv, the
minimum rear yard requirements shall be as follows:
(i)
Rear yard - 8 metres.
HAL36.413
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
i.
The minimum exterior side yard setback shall be 3.1 metres.
ii.
The minimum side yard setback for a semi unit shall be 1.2 metres.
HAL36.414
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
That subsection 29.1 (Permitted Uses) of the "Community Institutional
(IC)" Zone shall also include Light Assembly.
b)
That for the purposes of this By-law, 'Light Assembly' shall be defined
as follows:
"An industrial operation consisting of the following uses:
i.
Mechanical assembly of small clean machine parts using light
tools;
ii.
Manual and automated measuring of parts;
iii.
Testing of assembled parts using handheld or bench mounted
hydraulic jacks;
iv.
Marking of parts with automatic laser device;
v.
Experimental development to refine parts and develop new
components;
vi.
Storage of manufactured components and parts, and other
business items (furniture, equipment, vehicles);
vii.
Shipping / receiving of parts, supplies and related items; and
viii.
Office use related to light assembly."
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c)
That notwithstanding Section 29.2 (c) (iii), the interior side yard (left)
setback shall be 2 metres for the building existing on the date of passage
of this by-law.
HAL36.415
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 14.2 (a) - Minimum Lot Area
in the "Hamlet Residential (RH)" zone, minimum lot area for Part 1 shall
be 1,556 square metres and 1,780 square metres for Part 2.
b)
That, notwithstanding the provisions of Section 14.2 (c) (iv)) - Rear Yard
- the minimum rear yard for Part 1 shall be 4 metres.
HAL36.416
That on the lands delineated as Part 1 and Part 2 and having reference
to this subsection, the following provisions shall apply:
a)
That notwithstanding Section 17.2 (c)(i) Minimum Yard Requirements,
the required front yard shall be 3 metres.
b)
That notwithstanding Section 17.2 (c)(iii) Minimum Yard requirements,
the required interior side yard (left) setback shall be 2.5 metres.
HAL36.417
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted on Part 1.
b)
Notwithstanding provision 6.7 - Accessory Uses to Residential Uses -
the existing accessory structure located on Part 2 on the date of the
passing of this by-law shall be a maximum area of 223 square metres.
HAL36.418
A. Permitted Uses:
That notwithstanding Section 17.1 Permitted Uses of the 'Service
Commercial (CS)' Zone, on the lands having reference to this
subsection, permitted uses shall be limited to:
i.
One (1) supermarket
ii.
Automobile service station
iii.
Automobile washing establishing
iv.
Restaurant
v.
Vehicle sales and/or rental establishment and may include open
storage accessory thereto
vi.
Farm implementation sales and service establishment
vii.
Office
viii.
Open storage accessory to a permitted use
B. General Regulations:
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In addition to the applicable regulations contained in Section 6 (General
Provisions), the following regulations shall also apply to the lands having
reference to this subsection:
(i)
That notwithstanding Section 7.1.3. (a), parking space
dimensions, every parking space shall be based upon a
rectangular shape having a width of 2.8 metres and a depth of
5.75 metres.
(ii)
That notwithstanding Section 17.2 (c) (iii), minimum yard
requirements, the minimum interior side yard (left) setback shall
be 1.4 metres;
(iii)
That notwithstanding Section 17.2 (c) (iv), minimum yard
requirements, the minimum rear yard setback shall be 2.4
metres;
(iv)
The maximum gross useable floor area of a supermarket shall be
2,800 square metres;
C. Definitions:
For the purposes of this by-law, on the lands having reference to this
subsection, the following Definition shall apply:
(i)
A "Supermarket" shall mean a building in which the main use
is the retail sale of a balanced line of goods such as canned,
bottled, packaged, and frozen foods, fresh meat and poultry,
fish, fresh fruits and vegetables, prepared food products, bakery
products, dairy products, candy and confectionary and other
food products. In addition, newspapers, magazines, paper
products, soft drinks, tobacco products, health and beauty aids,
housewares, flowers and plants and other non-food items may
be sold. Services may also be offered for sale provided they are
subordinate to the main use.
HAL36.419
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
a)
In addition to the applicable regulations and provisions contained within
this By-law, Section 6.29 Surplus Farm Dwelling Severance Properties
shall also apply to the lands having reference to this subsection and shall
supersede any section of the By-law with which there is a conflict.
Part
2
b)
Notwithstanding section 6.7, the residential accessory building existing
on the lot on the date of passage of this By-law is permitted to a
maximum size of 461 square metres.
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HAL36.420
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Development shall be prohibited within 15 metres (49.2 feet) of the tops
of banks of the watercourse surrounding the lot as determined in
consultation with the Grand River Conservation Authority.
HAL36.421
Parts A and C
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a)
Section 28.1 (Permitted Uses) of the "Agricultural Zone (A)" shall also
include:
i.
Horticulture and nursery gardening
ii.
Landscape construction and lawn maintenance contractors shop
iii.
Landscape construction and lawn maintenance contractors yard
b)
That for the purposes of this By-law a 'landscape construction and lawn
maintenance contractors shop' shall be defined as:
"a building or part of a building being used by landscaping and lawn
maintenance business for an office, repair or storage building for
components of the said landscaping, lawn maintenance and snow
removal business, including but not limited to design and project
management."
c)
That for the purposes of this By-law a 'landscape and lawn maintenance
contractors' yard shall be defined as:
"an outdoor area used by a landscaping and/or maintenance and snow
removal business for the outdoor storage of vehicles, equipment and
materials used by the landscaping, lawn maintenance and snow removal
business."
d)
That the following uses shall be prohibited on the subject lands:
i.
the manufacture, production or processing materials such as
mulch, triple mix and screening of topsoil, or other landscaping
products;
ii.
the deposit, dumping or storage of non-organic waste materials;
e)
That notwithstanding the provisions of sections of the "Agricultural Zone
(A)" of the Town of Haldimand Zoning By-law, 1-H 86 to the contrary, the
following additional provisions shall apply:
i.
A warehouse or storage building be limited to a maximum area
of 900 square metres;
ii.
A related landscape design and management office shall be to a
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maximum of 200 square metres;
iii.
That the business compound area be located a minimum of 5
metres from the "Hazard Lands (HL)" zone;
iv.
Open storage shall be prohibited in the required front yard;
v.
The deposit, dumping and storage of organic waste materials for
the purposes of composting is permitted subject to all materials
being for work sites associated with the business operation and
the resulting compost being used exclusively for work sites
associated with the business operation.
Parts A, B and C
i.
That the business compound area, including all buildings, open
construction storage areas, vehicle parking areas and related
landscaping be limited to a maximum combined coverage of 20%
of the total property area.
HAL36.422
Number not used.
HAL36.423
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
HAL36.424
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Parts 1 & 2:
a) Notwithstanding the provisions of Section 14.2 - Zone Provisions in the
"Hamlet Residential (RH)" zone, a front yard setback of 7.3 m is permitted
to recognize an existing dwelling.
Part 3, 4 & 5:
b) Notwithstanding the provision of Section 6.7 - "Accessory Uses to
Residential Uses", a maximum accessory structure area of 222 m2 is
permitted to recognize two existing structures.
c) Notwithstanding the provisions of Section 6.7 - "Accessory Uses to
Residential Uses", the accessory structures existing on the date of
passage of this by-law are permitted without the principal use being
established.
HAL36.425
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
Parts 1, 2 and 3:
a) That in addition to the uses identified in Subsection 15.1 Permitted Uses
of the Seasonal Residential (RS) Zone, a one family dwelling house is also
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permitted.
Part 1:
b) Notwithstanding the provisions of Section 6.7 - "Accessory Uses to
Residential Uses", the accessory structure existing on the date of passage
of this by-law is permitted without the principal use being established.
Part 3:
c) That notwithstanding the provisions of Section 15.2(b) - Minimum Lot
Frontage, the minimum lot frontage requirement shall be 9 metres.
HAL36.426
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1 & 3:
a) That notwithstanding the provisions of Section 20.2 (b), the minimum lot
frontage requirement shall be 23.5 metres, and;
b) That notwithstanding the provisions of Section 20.2 (c), the minimum
interior yard setback shall be 2.14 metres for the northern interior yard in
relation to the existing structure.
Part 2 & 4:
a) That notwithstanding the provisions of Section 20.2 (b), the minimum lot
frontage requirement shall be 27.4 metres.
HAL36.427
AT OMB - Riverside Properties/2494134 Ontario Inc.
HAL36.428
The following provisions shall apply to the development of government offices
at the subject lands:
i.
That notwithstanding Section 29.1 (c) (ii), the minimum exterior side
yard setback shall be 3.5 metres;
ii.
That notwithstanding Section 29.1 (d), the maximum building height
shall be 15 metres;
iii.
That notwithstanding Section 29.1 (d) and subsection 'ii' above, the
maximum building height shall be 9 metres for any portion of the
building that is closer than 20 metres to the westerly property line.
The following provision shall apply to the subject lands:
i.
That notwithstanding Section 7.1 Parking Area Regulations and
previously enacted Special Provision HAL36.345B, a minimum of 230
parking stalls shall be provided and are to serve all of the uses on the
site in shared parking arrangement;
ii.
That a minimum of 12 of the 230 required stalls shall be of barrier-free
design.
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HAL36.429
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agriculture (A)" zone, a one family dwelling house and home occupation
shall not be permitted.
HAL36.430
A.
Permitted Uses:
That
notwithstanding
Section
18.1
Permitted
Uses
of
the
'Neighbourhood Commercial (CN)' Zone, one the lands having reference
to this subsection, permitted uses shall be limited to:
i)
One (1) Restaurant;
ii)
Restaurant, take out;
iii)
Dry cleaning distribution station;
iv)
Laundromat;
v)
Day nursery;
vi)
Art gallery;
vii)
Merchandise service shop;
viii)
Craft and souvenir shop;
ix)
Florist's shop;
x)
Professional offices;
xi)
Retail; and
xii)
Dwelling units in a permitted building.
B.
Zone Provisions:
That notwithstanding Section 18.2 Zone Provisions of the
'Neighbourhood Commercial (CN)' Zone, on the lands having
reference to this subsection, the following regulations shall apply:
i)
That notwithstanding Section 18.2 (c) (ii), minimum yard
requirements, a food truck shall be permitted within a required
minimum exterior side yard setback;
ii)
That notwithstanding Section 18.2 (d), the maximum building
height shall be three stories;
iii)
That notwithstanding Section 18.2 (f), the minimum usable floor
area shall be 34 square metres applicable up to a maximum of
six dwelling units;
iv)
That Section 18.2 (e), the maximum usable commercial floor
area, shall not apply;
v)
That the maximum usable floor area per retail unit shall not
exceed 400 square metres;
vi)
Th9t the maximum usable floor area for retail shall not exceed
90% of the total ground floor usable floor area of the building;
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vii)
That a minimum of 10% of the total usable ground floor area of
the building shall be used for offices;
viii)
That the lot line parallel to Argyle Street North shall be deemed
to be the front lot line;
ix)
That the maximum number of dwelling units permitted in the
mixed used building shall be fifty-two (52);
x)
That no dwelling units shall be permitted on the ground floor;
and
xi)
That the second and third storeys of the building shall be used
for dwelling units only.
HAL36.431
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1:
a) Notwithstanding the provisions of Section 28.2 (b) 'Zone Provisions' of the
'Agricultural (A)' zone the minimum lot frontage shall be 14 metres.
Part 2:
b) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
"Agricultural (A)" zone, a one family dwelling house and home occupation
shall not be permitted.
HAL36.432
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
i.
Notwithstanding the provisions of Section 11.2 c) iii) - Minimum
Yard Requirements - Interior Side Yard, the minimum interior
side yard shall be 1.2 metres.
HAL36.433
By-law 998-HC/17 is removed and replaced with By-law 1077-HC/18.
1. That on lands delineated as having reference to this subsection, the
following provision shall apply:
Part 1
i.
Notwithstanding the provisions of Section 10.2 Zone Provisions,
the following shall apply:
Provision
Permitted
10.2 (a) Minimum Lot Area
270 square metres for an interior lot
and 395 square metres for a corner
lot
10.2 (b) Minimum Lot Frontage
9.14 metres for an interior lot and
13.3 metres for a corner lot
10.2 (c) (i) Front Yard Setback
4.5 metres from the dwelling and 6
metres from the garage
10.2 (c) (ii) Exterior Side Yard
2.4 metres exterior side yard
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10.2 (c) (iii) Interior Side Yard
1.2 metres interior side yard on one
side and 0.6 metres on the other
side
10.2 (c) (iv) Rear Yard Requirement
6 metres rear yard setback
Any provision of the R1-B Zone not specifically identified above, are applicable
as set out in Section 10 of By-law H-86.
ii.
That notwithstanding Section 6.21 (c) Exemption from Yard
Provisions, a porch may project into any required front yard
setback a distance of not more than 2.0 metres and any required
exterior side yard a distance of not more than 1.8 metres.
iii.
That notwithstanding Section 6.21 (c) Exemption from Yard
Provisions, steps/stairs may project into the required front yard not
more than 3.8 metres.
iv.
That notwithstanding Section 6.21 (d) Exemption from Yard
Provisions, a patio or deck above the finished grade may project
into any required rear yard setback a distance of not more than 2.5
metres. Any patio or deck constructed in a rear yard is restricted to
a maximum size of 3.1 metres by 2.5 metres.
Part 2
i.
Notwithstanding the provisions of Section 13.2.1 Zone Provisions
- Street Townhouses, the following shall apply:
Provision
Permitted
13.2.1 (b) (i) Minimum Lot Frontage
5.5 metres for interior lot
13.2.1 (c) (i) Front Yard Setback
4.5 metres from the dwelling and 6
metres from the garage
13.2.1 (d) Exterior Side Yard
2.4 metres exterior side yard
13.2.1 (g) Minimum Rear Yard
6.0 metres minimum rear yard
13.2.1 (h) Maximum Building Height
12 metres
Any provision of the R4 Zone not specifically identified above, are applicable
as set out in Section 13 of By-law H-86.
Part 3 That on lands delineated as having reference to this subsection, the
following provision shall apply:
i.
Notwithstanding any provisions of this By-law to the contrary,
for Part 3, as shown on Schedule B, attached to and forming
part of this By-law, the following shall apply:
a) Lot shall mean those lands described as Part 3, as shown
on Schedule B, attached to and forming part of this By-law.
b) Parcel of Tied Lands (POTL) shall mean that individual
portion of the lot containing the dwelling unit and associated
land which is described as one parcel in the last registered
instrument and which is tied to the Common Element
Condominium also located within the lot.
ii.
Notwithstanding the provisions of Section 6.15 Frontage on An
Improved Street, the POTLS are permitted to front onto a
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private (condominium) street that has been constructed and is
maintained in such a manner so as to facilitate year-round use
by automotive traffic.
iii.
Notwithstanding the provisions of Section 13.2.2 Zone
Provisions - Group Townhouse, the following shall apply to the
lot:
-
Current
Minimum
Provision
-
Special Provisions
-
13.2.2. (d) Minimum
Exterior Side Yard
-
3 metres exterior side
yard
-
13.2.2. (g) Minimum
Rear Yard
-
5 metres rear yard
setback
a) Notwithstanding Section 4.48.1, Definition for a Front Lot
Line, there shall be no front lot line.
b) Notwithstanding Section 4.48.4, Definition for an Exterior
Side Lot Line, the exterior side lot line shall be recognized
as the lot line abutting Street A (Mead Road) and Street C
(Nico Road).
c) Notwithstanding Section 4.48.2, Definition for a Rear Lot
Line, the rear lot line shall be recognized as lot line farthest
from and opposite the private (condominium) road.
iv.
Notwithstanding the provisions of Section 13.2.2 Zone
Provisions - Group Townhouses, the following shall apply to
the POTLs:
-
Current
Minimum
Provision
-
Special Provisions
-
13.2.2. (a)(ii) Minimum
Lot Area
-
115
square
metres
minimum lot area
-
13.2.2. (b) Minimum Lot
Frontage
-
5 metres for an interior
lot and 9 metres for a
corner lot
-
13.2.2.
(c)
Minimum
Front Yard
-
3 metres front yard
setback
-
13.2.2. (h) Maximum
Building Height
-
12 metres
v.
Notwithstanding any section of this By-law and for the purposes
of condominium registration, the frontage and size of the
POTLs may be reduced to the satisfaction of the General
Manager of Community & Development Services, or designate.
Any provisions of the R4 Zone not specifically identified above, are applicable
as set out in Section 13 of By-law 1-H 86.
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Part 4
i.
Notwithstanding the provisions of Section 32.1 Permitted Uses, the
uses shall be limited to the following:
(i) Park;
(ii) Recreational trails; and
(iii) Open Space.
2. General Provisions
The following General Provisions apply to the lands shown on Maps A and B
attached to and forming part of this by-law:
i.
That the definition of "Sight Triangle" contained in subsection
4.85 shall not apply to the lands identified as having reference
to this subsection and the following definition shall apply in lieu
thereof:
a) Intersections
of
Local
Roads
"SIGHT TRIANGLE" shall mean the triangular space
formed by the intersecting street lines of a corner lot and
a line drawn from a point on one of the street lines to a
point on the other street line, each point being
measured 4.5 metres from the point of intersection of
the street lines.
b) Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space
formed by the intersecting street lines of a corner lot and
a line drawn from a point on one of the street lines to a
point on the other street line, each point being
measured 7.5 metres from the point of intersection of
the street lines.
ii.
That notwithstanding Section 7.1.3. (b) Parking Space
Dimensions and Section 7.1.5. (d) Parking Lot and Grading
requirements, the following shall apply:
'The parking space size located within a garage shall have a
minimum width of 3.0 metres and have a minimum length of 6.0
metres. Stairs, to a maximum of 3 risers or 0.61 metres, shall
be permitted to encroach into this parking space.'
HAL36.435
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
Notwithstanding the provisions of Section 6.26 - Minimum Services in the
General Provisions, residential development shall be permitted without
available connection to municipal water and wastewater and with the provision
of full private services.
HAL36.435 B Parts 1 & 2
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a) That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted on
both Part 1 and 2;
b) In lieu of Section 15.2 (b), the minimum lot frontage shall be 21 metres for
both Part 1 and Part 2.
HAL36.436
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
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a)
That in addition to Subsection 15.1 Permitted Uses of the Seasonal
Residential (RS) Zone, a one family dwelling house is also permitted.
HAL36.437
Parts 3 and 4
a) Notwithstanding the provisions of Section 28.1 - Permitted Uses in the
'Agricultural (A)' Zone, a one family dwelling shall not be permitted on the
subject lands.
HAL36.438
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1:
a) Notwithstanding the provisions of Section 28.2 (b) 'General Zone
Provisions of the Agricultural (A) Zone' the minimum lot frontage shall be
10 metres.
b) Notwithstanding the provisions of Section 6.7 'Accessory Uses to
Residential Uses' the maximum building height of the former livestock barn
shall be 11.6 metres.
c) Notwithstanding the provisions of Section 6.7 'Accessory Uses to
Residential Uses' the maximum usable floor area for all accessory
buildings combined shall be 243 square metres.
Part 2:
a) Notwithstanding the provisions of Section 28.1 'Permitted Uses in the
Agricultural (A)' Zone a one family house and home occupation shall not
be permitted.
HAL36.439
That on the lands delineated as having reference to this subsection, the
following provision shall apply:
a) General Provisions
i.
That notwithstanding the applicable regulations contained in Section 6
(General Provisions), subsection 6.15 Frontage on an Improved Street
shall not apply and a summer cottage and residential accessory
structures shall be permitted on the private road.
b) Zone Provisions
i.
That notwithstanding the provisions of Section 15 Zone Provisions
of the 'Seasonal Residential (RS)' Zone subsection 15.(2)(b)
'Minimum Lot Frontage' shall be nil.
HAL36.440
A. Permitted Uses:
Part 1:
That notwithstanding Section 32.1 Permitted Uses of the 'Open Space (OS)'
Zone, on the lands having reference to this subsection, permitted uses shall
be:
a) A stormwater management pond and accessory infrastructure.
Part 2, 3 and 4:
i)
That notwithstanding Section 24.1 Permitted Uses of the 'Light Industrial
(ML)' Zone, on the lands having reference to this subsection, permitted
uses shall also include:
a) Processing, manufacturing and light assembly plant provided it is
deemed not to be obnoxious by reason of dust, odour, fumes, particulate
matter, excessive water use/effluent discharge, noise and/or excessive
vibrations and provided that no refining or heavy forging, casting or
smelting operations are carried out;
b) Fitness and health care facilities, except for a pharmacy, including
ancillary retail and service uses and restaurants, where internally
integrated as a component of the building;
c) Research and development facilities;
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d) Offices, including ancillary retail and service uses and restaurants,
where internally integrated as a component of an office building;
e) Retail sale related to an industry on the same lot;
f) Institutional uses, including ancillary retail and services uses and
restaurants, where internally integrated as a component of an institutional
building;
g) Place of worship;
h) Day nursery; and
i) Private section commercial school.
ii)
That notwithstanding Section 5. A. i. of this by-law, the following uses are
prohibited:
printing
and
publishing
establishment;
dry
cleaning
establishment; pharmacy; and outdoor storage;
iii)
That notwithstanding 5. A. i. a) of this by-law, the following processing and
manufacturing uses are prohibited: food processing, brewery, dairy, textile
manufacturing, and paper production; and
iv)
That for the purposes of 5. A. i. a) of this by-law, "excessive water
use/effluent discharge" shall mean industrial water use that includes water
used for such purposes as fabricating, processing, washing, diluting,
cooling, or transporting a product; incorporating water into a product; or for
sanitation needs within the manufacturing facility.
B. Zone Provisions:
Parts 2, 3 and 4:
That notwithstanding Section 24.2 Zone Provisions of the 'Light Industrial
(ML)' Zone, on the lands having reference to this subsection, the following
regulations shall also apply:
(a) That notwithstanding Section 24.2 (c), minimum yard requirements, any
permitted use abutting a residential use or zone requires a setback of 20
metres from the adjoining property line.
(b) A minimum 5 metres landscape strip is required within the 20 metres
setback where a permitted use abuts a residential use or zone.
HAL36.441
a) Section 28.1 (Permitted Uses) of the "Agricultural Zone (A)" shall also
include:
i.
Landscape design & maintenance office
ii.
Landscape construction operations
iii.
Landscape maintenance operations
iv.
Carpentry and millwork business
v.
Office space accessory to an established carpentry and millwork
business
b) That notwithstanding the provisions of sections of the "Agricultural Zone
(A)" of Town of Haldimand Zoning By-law, 1-H 86 to the contrary, the
following additional provisions shall apply:
i.
A workshop or storage building for a carpentry and millwork
business shall be limited to a maximum area of 743 square
metres
ii.
A management office for a carpentry and millwork business shall
be limited to a maximum of 232 square metres
iii.
The number of employees shall not exceed six (6)
iv.
Open storage shall be prohibited in the required front yard
HAL36.442
NUMBER NOT USED
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HAL36.443
1.
Zoning for Urban Residential Type 1-B (R-1B) - One and Two Family
Dwellings
That on the lands delineated as Part 1 on Maps 'B, including Details 1, 2 and
3, attached to and forming part of this by-law, the following provisions shall
apply:
i.
Notwithstanding the provisions of Section 10.1 Permitted Uses -
Urban Residential Type 1-B (R1-B), permitted uses shall include:
a)
One family dwelling house
b)
Two family dwelling house
ii.
That notwithstanding the provisions of Section 10.2 Zone Provisions,
the following shall apply:
Provision
Permitted
a) 10.2(a) Minimum Lot Area
220 square metres for an
interior lot and 265 square
metres for a corner lot
b) 10.2(b)
Minimum
Lot
Frontage
8 metres for an interior lot and
10 metres for a corner lot
c) 10.2(c)(i) Minimum Front
Yard
4.5 metres to the dwelling and
6.0 metres to the garage
d) 10.2(c)(ii) Exterior Side
Yard
2.4 metres, except that an
attached garage fronting on
flankage street shall be 6.0
metres from the lot line on the
flankage street.
e) 10.2(c)(iii)
Interior
Side
Yard
For one family dwelling house:
1.2 metres on one side and 0.6
metres on the other side.
For two family dwelling house:
1.2 metres, except no interior
side yard is required along
common lot line.
f) 10.2(c)(iv) Rear Yard
7.0 metres
Any provisions of the R1-B zone not specifically identified above, are
applicable as set out in Section 10 of By-law 1 H 86.
iii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and
Section 7.1.5(d) Parking Lot and Garage Requirements, the following
shall apply:
"The parking space size located within a garage shall have a
minimum width of 3.0 metres and have a minimum length of 6.0
metres. Stairs, to a maximum of 3 risers or 0.61 metres, shall
be permitted to encroach into this parking space."
iv.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, a bay window may project a distance of not more than 0.9
m into any required yard.
v.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
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ZONE EXCEPTIONS
Provisions, soffit, cornice, eaves or gutters may project into any
required yard or setback a distance of not more than 0.4 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, a porch may project into any required front yard setback a
distance of not more than 2.0 metres; any required exterior side yard
setback a distance of not more than 1.8 metres; and, any required rear
yard setback a distance of not more than 2.5 metres.
vii.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, steps / stairs may project into any required front yard, rear
yard, exterior side yard or setback a distance of not more than 3.5
metres.
viii.
That notwithstanding Section 6.21(d) Exemptions from Yard
Provisions, a patio or deck above the finished grade may project into
any required rear yard setback a distance of not more than 2.5 metres.
Any patio or deck constructed in a rear yard is restricted to a maximum
size of 3.1 metres by 2.5 metres.
ix.
That notwithstanding Section 6.7(e), an accessory building or
combination of buildings is permitted up to a maximum of 10% lot
coverage or 10 square metres, whichever is less.
x.
That an air conditioning unit shall be setback a minimum of 0.6 metres
from any side or rear property line. An air conditioning unit is not
permitted in any part of a required front yard or front setback.
xi.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this By-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
xii.
That a garage face can extend a maximum of 1 metre in front of a
ground porch where it meets all other applicable setbacks.
2.
Zoning for Open Space (OS)
That on the lands delineated as Parts 2, 3, 4, 5 and 6 on Map B, including
details 1, 2 and 3, attached to an forming part of this by-law, the following
provisions shall apply:
i.
That notwithstanding the permitted uses of Section 32.1 Open Space
Zone (OS), only the following uses shall be permitted on Parts 2, 3, 4,
5 and 6:
a) Park
b) Multi-use recreational trail and recreational space without
buildings or structures
c) Stormwater management facilities, subject to the approval of
the Grand River Conservation Authority and Long Point Region
Conservation authority.
3.
General Provisions
The following General Provisions apply to the lands shown on Maps 'A', and
'B' attached to and forming part of this By-law:
i.
That the definition of "Sight Triangle" contained in subsection 4.85 shall
not apply to the lands identified as having reference to this subsection and
the following definition shall apply in lieu thereof:
a) Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one
of the street lines to a point on the other street line, each being measured
4.5 metres from the point of intersection of the street lines.
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ZONE EXCEPTIONS
b) Intersections of Local road / Collector Street
"SIGHT TRIANGE" shall mean the triangular space formed by the
intersecting lines of a corner lot and a line drawn from a point on one of
the street lines to a point on the other street line, each being measured 7.5
metres from the point of intersection of the street lines.
ii.
That a minimum density of development be set for the entire subject
lands shown on Maps 'A', and 'B' at 46 persons and jobs per hectare.
The density measure is to be calculated based upon: 3.16 persons per
one family dwelling house and 3.16 persons per two family dwelling
house (each dwelling unit).
HAL36.444
That notwithstanding the provisions of Section 14.2 - Zone Provisions of the
'Hamlet Residential (RH)' Zone, the following provisions shall apply to the
buildings and structures existing on the date of passage of this by-law:
i)
Minimum Lot Area
1218 square metres
ii)
Minimum Front Yard Setback
4.5 metres
iii)
Minimum Left Interior Side Yard Setback 1.8 metres
iv)
Minimum Rear Yard Setback
6 metres
That notwithstanding the provisions of Section 6.21 - Exemptions from Yard
Provisions, the following provision shall apply to the building existing on the
date of passage of this by-law:
i)
The existing steps may project into the required front yard 2 metres.
HAL36.446
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
a) That notwithstanding Section 14.2 Zone Provisions of the Hamlet
Residential (RH) Zone, the minimium rear yard setback shall be 1.2 metres.
b) That notwithstanding Section 6.7 General Provisions for Accessory Uses to
Residential Uses (c.6.7), the minimum side yard setback for accessory
structures shall be 1.1 metres.
HAL36.447
1.
Zoning for Urban Residential Type 1-B (R1-B) - One Family Dwellings
That on the lands delineated as Part 1 on Map 'B', attached to and forming part of this
by-law, the following provisions shall apply:
i.
That notwithstanding the provisions of Section 10.2 Zone Provisions, the
following shall apply:
Provision
Permitted
a) 10.2(a) Minimum Lot
Area
220 square metres for an interior lot and 265
square metres for a corner lot
b) 10.2(b) Minimum Lot
Frontage
8 metres for an interior lot and 10 metres for
a corner lot
c) 10.2(c)(i)
Minimum
Front Yard
3 metres to the dwelling and 6.0 metres to
the garage
d) 10.2(c)(ii) Exterior Side
Yard
2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0
metres from the lot line on the flankage
street.
e) 10.2(c)(iii) Interior Side
Yard
For one family dwelling house: 1.2 metres
on one side and 0.6 metres on the other side.
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ZONE EXCEPTIONS
f) 10.2(c)(iv) Rear Yard
7.0 metres
g) 10.2(d)
Maximum
Building Height
11.5 metres
h) 10.2(e)
Minimum
Usable Floor Area
100 square metres
i) 10.2(f)
Minimum
Ground Floor Area
50 square metres
Any provisions of the R1-B zone not specifically identified above, are applicable as
set out in Section 10 of By-law 1 H 86.
ii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and
Section 7.1.5(d) Parking Lot and Garage Requirements, the following shall
apply:
"The parking space size located within a garage shall have a minimum
width of 3.0 metres and have a minimum length of 6.0 metres. Stairs,
to a maximum of 3 risers or 0.61 metres, shall be permitted to encroach
into this parking space."
iii.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any required
yard or setback a distance of not more than 0.4 metres.
iv.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a
porch may project into any required front yard setback a distance of not
more than 2.0 metres; any required exterior side yard setback a distance
of not more than 2.0 metres; any required interior side yard setback a
distance of not more than 0.45 metres; and, any required rear yard setback
a distance of not more than 2.5 metres.
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions,
steps / stairs may project into any required front yard, rear yard, exterior
side yard or setback a distance of not more than 3.5 metres.
vi.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a
patio or deck above the finished grade may project into any required rear
yard setback a distance of not more than 2.5 metres. Any patio or deck
constructed in a rear yard is restricted to a maximum size of 3.0 metres by
2.5 metres.
vii.
That notwithstanding Section 6.7(e), an accessory building or combination
of buildings is permitted up to a maximum of 10% lot coverage or 10
square metres, whichever is less.
viii.
That an air conditioning unit shall be setback a minimum of 0.6 metres
from any side or rear property line. An air conditioning unit is not permitted
in any part of a required front yard or front setback.
ix.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this By-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
x.
That a garage face can extend a maximum of 1.5 metres in front of a
ground floor porch where it meets all other applicable setbacks. No
maximum garage projection is permitted for corner lots where the front
door is facing the exterior side yard and the porch encroaches in the
exterior side yard.
xi.
That 'Porch - Un-enclosed Porch with or without Foundation, with or
without Cold Cellar' shall be defined as: "a structure attached to any
entrance or exit to a building which may be covered by a roof with or
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without supporting columns or walls, provided the porch remains open on
at least one side."
2.
Zoning for Urban Residential Type 4 (R4) - Townhouse Dwellings
That on the lands delineated as Part 2 on Map 'B', attached to and forming part of this
by-law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses - Urban
Residential Type 4 (R4), permitted uses shall include:
1. One family dwelling house subject to the provisions outlined in
paragraph 6) of this By-law;
2. Two family dwelling house subject to the Urban Residential Type 2
(R2) provisions of Bylaw 1 H 86.
ii.
That notwithstanding the provisions of Section 13.2 Zone Provisions, the
following shall apply:
Provision
Permitted
a) 13.2.1(a)(i)(ii) and (iii)
Minimum Lot Area
(i) interior lot - 150 square metres per unit
(ii) interior lot with attached private garage -
150 square metres per unit
(iii) corner lot with attached private garage -
210 square metres per unit
b) 13.2.1(b)(i)
and
(ii)
Minimum Lot Frontage
(i) interior lot - 5.5 metres per unit
(ii) corner lot - 8 metres per unit
c) 13.2.1(c)
Minimum
Front Yard
3 metres to the dwelling and 6.0 metres to the
garage
d) 13.2.1(d)
Minimum
Exterior Side Yard
2.4 metres, except that an attached garage
fronting on flankage street shall be 6.0 metres
from the lot line on the flankage street.
e) 13.2.1(e) Interior Side
Yard
For a townhouse block: 1.2 metres on one side
and 0.6 metres on the other side.
f) 13.2.1(f)
Minimum
Distance
Between
Townhouse Dwellings
1.8 metres
g) 13.2.1(g) Minimum Rear
Yard
6.0 metres
h) 13.2.1(h)
Maximum
Building Height
11.5 metres
Any provisions of the R4 zone not specifically identified above, are applicable as set
out in Section 13 of By-law 1 H 86.
iii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and
Section 7.1.5(d) Parking Lot and Garage Requirements, the following shall
apply:
"The parking space size located within a garage shall have a minimum
width of 3.0 metres and have a minimum length of 6.0 metres. Stairs,
to a maximum of 3 risers or 0.61 metres, shall be permitted to encroach
into this parking space."
iv.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any required
yard or setback a distance of not more than 0.4 metres.
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a
porch may project into any required front yard setback a distance of not
more than 2.0 metres; any required exterior side yard setback a distance
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ZONE EXCEPTIONS
of not more than 2.0 metres; any required interior side yard setback a
distance of not more than 0.45 metres; and, any required rear yard setback
a distance of not more than 2.5 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions,
steps / stairs may project into any required front yard, rear yard, exterior
side yard or setback a distance of not more than 3.5 metres.
vii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a
patio or deck above the finished grade may project into any required rear
yard setback a distance of not more than 2.5 metres. Any patio or deck
constructed in a rear yard is restricted to a maximum size of 3.0 metres by
2.5 metres.
viii.
That notwithstanding Section 6.7(e), an accessory building or combination
of buildings is permitted up to a maximum of 10% lot coverage or 10
square metres, whichever is less.
ix.
That an air conditioning unit shall be setback a minimum of 0.6 metres
from any side or rear property line. An air conditioning unit is not permitted
in any part of a required front yard or front setback.
x.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this By-law, hardscaping shall be
considered as finished space consisting of pavement, concrete, patio
stones, interlock or other hard surface treatment.
xi.
That a garage face can extend a maximum of 2 metres and a minimum of
1.5 metres in front of a ground floor porch where it meets all other
applicable setbacks. No maximum garage projection is permitted for
corner lots where the front door is facing the exterior side yard and the
porch encroaches into the exterior side yard.
xii.
That the maximum number of attached dwelling units in a townhouse row
shall be 8.
xiii.
That where a street townhouse block is constructed at the intersection of
a local street and a collector street, with the units facing the collector street,
the driveway and garage of the corner lot shall be located on the local
street.
xiv.
That 'Porch - Un-enclosed Porch with or without Foundation, with or
without Cold Cellar' shall be defined as: "a structure attached to any
entrance or exit to a building which may be covered by a roof with or
without supporting columns or walls, provided the porch remains open on
at least one side."
3. Zoning for Open Space (OS)
That on the lands delineated as Part 3 on Map 'B' attached to and forming part
of this by-law, the following provisions shall apply:
i. That notwithstanding the permitted uses of Section 32.1 Open Space Zone
(OS), only the following uses shall be permitted on Part 3:
a) Park
b) Multi-use recreational trail and recreational space without
buildings or structures
c) Stormwater management facilities, subject to the approval of the
Grand River Conservation Authority
d) Stand-pipe and associated building(s) / structure(s) for municipal
water supply.
ii. That notwithstanding the provisions of Section 32.2 Zone Provisions, the
following shall apply:
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a) Minimum lot area shall be 165 square metres;
b) Minimum lot frontage shall be 6 metres.
4. That on the lands delineated as Part 4 on Map 'B' attached to and forming part of this by-
law, the following provisions shall apply:
i. That notwithstanding the permitted uses of Section 34 Hazard Land Zone
(HL), only the following uses shall be permitted on Part 4:
a. Park, provided there are no buildings or structures
b. Multi-use recreational trail and recreational space without
buildings or structures subject to approval by the Grand River
Conservation Authority and Haldimand County.
5. General Provisions
The following General Provisions apply to the lands shown on Maps 'A', and 'B'
attached to and forming part of this by-law:
i.
That the definition of "Sight Triangle" contained in subsection 4.85 shall
not apply to the lands identified as having reference to this subsection and
the following definition shall apply in lieu thereof:
a) Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by
the intersecting street lines of a corner lot and a line drawn from
a point on one of the street lines to a point on the other street
line, each point being measured 4.5 metres from the point of
intersection of the street lines.
b) Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by
the intersecting street lines of a corner lot and a line drawn from
a point on one of the street lines to a point on the other street
line, each point being measured 7.5 metres from the point of
intersection of the street lines.
ii.
That a minimum density of development be set for the entire subject lands
shown on Maps 'A', and 'B' at 46 persons and jobs per hectare. The
density measure is to be calculated based upon: 3.16 persons per one
family dwelling house and 3.16 persons per two family dwelling house
(each dwelling unit).
HAL36.451
That the lands delineated as having reference to this subsection, the following
provisions shall apply:
a)
Notwithstanding the provisions of Section 16.1 - Permitted Uses in the
'General Commercial (CG)' Zone, a one family dwelling house shall be
permitted as an interim use on site until such time as a commercial use
is established.
HAL36.452
Part 1:
That notwithstanding the provisions of the 'Hamlet Residential (RH)' Zone of
the Town of Haldimand Zoning By-law 1-H 86 to the contrary:
i.
Section 14.2 (a) Minimum Lot Area shall be 1,700 square
metres.
ii.
Section 14.2 (b) Minimum Lot Frontage shall be 29 metres.
Part 2:
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ZONE EXCEPTIONS
That notwithstanding the provisions of the 'Open Space (OS)' Zone of the
Town of Haldimand Zoning By-law 1-H 86 to the contrary:
i.
Section 32.1 Permitted Uses for the lands shall be restricted to
Stormwater Management Pont.
ii.
Section 32.2 (b) Minimum Lot Frontage shall be 4.00 metres.
HAL36.454
a) Section 28.1 (Permitted Uses) of the "Agricultural Zone (A)" shall also
include:
i.
Carpentry and millwork business;
ii.
Office space accessory to an established carpentry and millwork
business.
b) That notwithstanding the provisions of sections of the "Agricultural Zone
(A)" of Town of Haldimand Zoning By-law, 1-H 86 to the contrary, the following
additional provisions shall apply:
i.
A workshop or storage building for a carpentry and millwork
business shall be limited to a maximum area of 743 square metres;
ii.
A management office for a carpentry and millwork business shall
be limited to a maximum of 232 square metres;
iii.
The number of employees shall not exceed six (6);
Open storage shall be prohibited in the required front yard.
HAL36.455
a) Section 28.1 (Permitted Uses) of the "Agriculture Zone (A)" shall also
include:
i.
Overnight accommodations be permitted in the form of the four (4)
modular units that currently exist on the site and the five (5) rooms in
the clubhouse facility.
ii.
Corporate meetings and team building events are permitted up to three
(3) days in length and may occur up to ten (10) times per year.
iii.
Receptions and similar social events are permitted up to ten (10) days
per year.
iv.
Cooking demonstrations are permitted up to five (5) times per year.
v.
Fundraising events, including barbeques, car shows, craft sales, birds
of prey demonstrations and similar events, may take place up to ten
(10 days per year.
vi.
The aggregate of all events is permitted to a maximum of fourty (40)
days per calendar year.
vii.
The organizer will be required to obtain a clearance letter from the
General Manager of Community and Development Services prior to
the commencement of one of the above noted events. The following
details must be submitted for review:
a) Submission of a written description of the events and
anticipated number of attendees;
b) Submission of a parking plan for the anticipated number of
attendees;
c) Description of any outdoor noise associated with the event
including identification of the sources and intensities, and the
hours at which they will occur;
d) Description of any outdoor activities associated with the event
and duration of same;
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e) Written clearance from the OPP and Emergency Services
(EMS) prior to the event, if required (depends on the type/ scale
of the event); and
f) Notice to abutting property owners for any events where more
than one hundred (100) people are expected to attend.
viii.
The uses are to be limited in size and aerial extent to what exists on
the date of passing of this by-law.
HAL36.456
That on the lands delineated as having reference to this subsection, the
following provisions shall apply:
Part 1
a) Notwithstanding the provisions of Section 28.2 (b) 'Zone Provisions' of
the "Agriculture (A)" zone the minimum lot frontage shall be eight (8)
metres.
b) Notwithstanding the provisions of Section 28.2 (c) 'Zone Provisions' of
the "Agriculture (A)" zone the minimum rear yard setback shall be three
(3) metres.
Part 2
a) Notwithstanding the provisions of 28.1 - Permitted uses in the
"Agriculture (A)" zone, a one family dwelling house and home
occupation shall not be permitted.
HAL36.457
1. Zoning for Urban Residential Type 1-B (R1-B) - One and Two Family Dwellings
That on the lands delineated as Part 1 on Map 'B' attached to and forming part of this by-law,
the following provisions shall apply:
i. Notwithstanding the provisions of Section 10.1 Permitted Uses- Urban
Residential Type 1-B (R1-B), permitted uses shall include:
a)
One family dwelling house
b)
Two family dwelling house
ii. That notwithstanding the provisions of Section 10.2 Zone Provisions, the following
shall apply:
Provision
Permitted
a) 10.2(a) Minimum Lot Area
220
square metres for an
interior lot and 265 square metres
for a corner lot
b) 10.2(b)
Minimum
Lot
Frontage
8 metres for an interior lot and
10 metres for a corner lot
c) 10.2(c)(i) Minimum Front
Yard
4.5 metres to the dwelling and
6.0 metres to the garage
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d) 10.2(c)(ii) Exterior
Side
Yard
2.4
metres,
except
that
an
attached
garage
fronting
on
flankage street shall be 6.0
metres from the lot line on the
flankage street
e) 10.2(c)(iii) Interior Side
Yard
For one family dwelling house:
1.2 metres on one side and 0.6
metres on the other side
For two family dwelling house:
1.2 metres, except no interior side
yard is required along common lot
line
f)
10.2(c)(iv) Rear Yard
7.0 metres
Any provision of the R1-B zone not specifically identified above, are applicable as set out in
Section 10 of By-law 1-H 86.
iii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section
7.1.5(d) Parking Lot and Garage Requirements, the following shall apply:
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ZONE EXCEPTIONS
"The parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres. Stairs, to a maximum of 3 risers
or 0.61 metres, shall be permitted to encroach into this parking space."
iv.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard Provisions, soffit,
cornice, eaves or gutters may project into any required yard or setback a distance of
not more than 0.4 metres.
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a
porch may project into any required yard setback a distance of not more than 2.0
metres; any required exterior side yard setback a distance of not more than 1.8
metres; and, any required rear yard setback a distance of not more than 2.5 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, steps
I stairs may project into any required front yard or setback a distance of not more than
3.5 metres.
vii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions,
a patio or deck above the finished grade may project into any required rear yard
setback a distance of not more than 2.5 metres. Any patio or deck constructed in a
rear yard is restricted to a maximum of 3.1 metres by 2.5 metres.
viii. That notwithstanding Section 6.7(e), an accessory building or combination of
buildings is permitted up to a maximum of 10% lot coverage or 10 square metres,
whichever is less.
ix. That an air conditioning unit shall be setback a minimum of 0.6 metres from any side
or rear property line. An air conditioning unit is not permitted in any part of a required
front yard or front yard setback.
x.
That a maximum of 70% of the front yard may be permitted as hardscaping. For
the purposes of this by-law, hardscaping shall be considered as finished space of
pavement, concrete, patio stones, interlock or other hard surface treatment.
xi.
That a garage face can extend a maximum of 1 metre in front of a ground floor porch
where it meets all other applicable setbacks.
2. Zoning for Urban Residential Type 4 (R4)- Townhouses, One and Two Family
Dwellings
That on the lands delineated as Part 2 on Map 'B' attached to and forming part of this by-law,
the following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses - Urban Residential
Type 4 (R4), permitted uses shall include:
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ZONE EXCEPTIONS
a) Street townhouses
b) Group townhouses
c) One and two family dwelling houses subject to the provisions outlined in
paragraph 7.1 of this by-law
ii. Notwithstanding the provisions of Section 13.2.1 Zone Provisions - Street
Townhouses, the following shall apply:
a) 13.2.1(a)(i)(ii)
and
(iii)
Minimum Lot Area
(i) interior lot - 150 square
metres per unit
(ii) interior lot with attached
private garage - 150
square metres per unit
(iii) corner lot with attached
private garage - 210
square metres per unit
b) 13.2.1(b)(i)
and
(ii)
Minimum Lot Frontage
(i)
interior
lot
-
5.5
metres per unit
(ii)
corner lot - 8 metres per
c)
13.2.1(c) Minimum Front
Yard
4.5 metres to the dwelling and
6.0 metres to the garage
d) 13.2.1(d) Minimum
Exterior Side Yard
2.4 metres, except that an
attached garage fronting on
flankage street shall be 6.0
metres from the lot line on the
flankage street
e) 13.2.1 (g) Minimum Rear
Yard
6.0 metres
Any provisions of the R4 zone not specifically identified above, are applicable as set out in
Section 13 of By-law 1 H 86.
iii.
That notwithstanding Section 4.25.5 Definition of Townhouses, the following
shall apply:
''Townhouses shall mean a dwelling house comprising three or more dwelling
units with each dwelling unit being divided one from the other by an above grade
vertical common wall, a minimum of
10 square metres in area and with each dwelling unit having direct access to a yard.
A maximum of eight dwelling units are permitted in a row."
iv.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section
7.1.5(d) Parking Lot and Garage Requirements, the following shall apply:
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SECTION 12
ZONE EXCEPTIONS
"The parking space size located within a garage shall have a minimum width of 3. 0
metres and have a minimum length of 6. 0 metres. Stairs, to a maximum of 3 risers
or 0.61 metres, shall be permitted to encroach into this parking space."
v.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any required yard
or setback a distance of not more than 0.4 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, a porch may project into any required front yard setback a distance of not
more than 2.0 metres; any required exterior side yard setback a distance of not more
than 1.8 metres; and, any required rear yard setback a distance of not more than 2.5
metres.
vii.
That notwithstanding Section 6.21(c) Exemptions from Yard
Provisions, steps I stairs may project into any required front yard or setback a
distance of not more than 3.5 metres.
viii.
That notwithstanding Section 6.21(d) Exemptions from Yard
Provisions, a patio or deck above the finished grade may project into any required
rear yard setback a distance of not more than 2.5 metres. Any patio or deck
constructed in a rear yard is restricted to a maximum of 3.1 metres by 2.5 metres.
ix. That notwithstanding Section 6.7(e), an accessory building or combination
of buildings is permitted up to a maximum of 10% lot coverage or 10 square metres,
whichever is less.
x.
That an air conditioning unit shall be setback a minimum of 0.6 metres from
any side or rear property line. An air conditioning unit is not permitted in any part of
a required front yard or front setback.
xi.
That a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this by-law, hardscaping shall be considered as
finished space consisting of pavement, concrete, patio stones, interlock or other hard
surface treatment.
xii.
That a garage face can extend a maximum of 1 metre in front of a ground
floor porch where it meets all other applicable setbacks.
xiii.
That where a street townhouse block having 8 or more units is
constructed at the intersection of a local street and a collector street, with the units
facing the collector street, the driveway and garage of the corner lot shall be located
on the local street.
For the purposes of this by-law, a collector street is a street with a right- of-way width of 20
metres or greater. A local street is a street with a right-of-way width with 18 metres or less.
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ZONE EXCEPTIONS
3. Zoning for Open Space (OS)
That on the lands delineated as Part 3 on Map 'B' attached to and forming part of this by-
law, the following provisions shall apply:
i.
That notwithstanding the permitted uses of Section 32.1 Open Space Zone (OS),
only the following uses shall be permitted on Part 3:
a) Park
b) Stormwater management facilities
4. Zoning for Hazard Lands (HL)
That on the lands delineated as Part 4 on Map 'B' attached to and forming part of this
by-law, the following provisions shall apply:
i.
No site alteration of development is permitted.
HAL36.458
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
c) Notwithstanding the provisions of section 28.1 - Permitted Uses in the "Agriculture
(A)" zone, a one family dwelling house and home occupation shall not be
permitted.
HAL36.459
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
i. Notwithstanding the provisions of Section 9.2 (c) (iii) - Minimum Yard
Requirements - Interior Side Yard, the minimum interior side yard shall be 1.2
metres.
HAL36.460
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
Part 1
Notwithstanding the provisions of Section 28.2 (b) 'Zone Provisions' of the
'Agricultural (A)' Zone the minimum lot frontage shall be 25 metres.
HAL36.461
a) Section 28.1 (Permitted Uses) of the 'Agricultural (A)' Zone shall also include
a carpentry and millwork business.
b) That notwithstanding the provisions of sections of the 'Agricultural (A)' Zone of
the Town of Haldimand Zoning By-law, 1-H 86 to the contrary, the following
additional provisions shall apply:
i. Workshop or storage buildings for a carpentry and millwork business shall
be limited to a maximum area of 1,100 square metres;
ii. The number of employees shall not exceed eight (8); and
iii. Open storage shall be prohibited in the required front yard.
HAL36.462
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
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SECTION 12
ZONE EXCEPTIONS
i. Notwithstanding the permitted uses under Section 28.1 permitted - A
processing, manufacturing, light assembly and research facility shall be a
permitted use.
ii. Outdoor storage shall not be a permitted use.
HAL36.463
That on the lands delineated as having reference to this subsection, the following
provisions shall apply:
Part 1
Notwithstanding the provisions of Section 28.1 Permitted Uses in the 'Agricultural
(A)' Zone, a one family dwelling house and home occupation shall not be
permitted.
Part 2
Notwithstanding the provisions of Section 6.7 Accessory Uses to Residential Uses,
the maximum accessory structure floor area shall be 822.84 square metres.
HAL36. 464
1. Zoning for Urban Residential Type 4 (R4) - Group Townhouses
That on the lands delineated as Part 3 on Map 'B' attached to and forming part of this by-
law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses - Urban
Residential Type 4 (R4), permitted uses shall include: a) Group Townhouses, including
Back-to-Back Group Townhouses
ii.
Notwithstanding the provisions of Section 13.2.2 Zone Provisions - Group
Townhouses Street Townhouses, Stacked Townhouses and Back-to-
Back Townhouses [1310-HC/22], the following shall apply:
a) 13.2.2(a) Minimum Lot Area
(i) interior lot - 89 square metres
per unit
(ii) end lot - 95 square metres per
unit
(iii) corner lot - 100 square metres
per unit
(iv) interior lot with parking accessed
via rear lane - 89 square metres
(v) end lot with parking accessed
via rear lane - 95 square metres
per unit
(vi) corner lot with parking accessed
via rear lane - 100 square
metres per unit
13.2.2(b) Minimum Lot Frontage
30 metres for entire block
(i) interior lot - 5.0 metres per unit
(ii) end lot - 6.7 metres per unit
(iii) corner lot - 7.6 metres per unit
(iv) lots fronting on public street with
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SECTION 12
ZONE EXCEPTIONS
parking accessed via rear lane -
4.7 metres for interior unit; 6.1
metres for end unit; 7.3 metres
for corner unit
13.2.2(c) Minimum Front Yard
4.5 m to dwelling; except 6.0 m to
attached garage face; or
For lots fronting a public street with
parking accessed via rear lane, 3.0
metres to the front of the rear lane unit.
The front lot line shall be deemed to be
the public street
13.2.2(d) Minimum Exterior Side
Yard
2.4 m; except that an attached garage
fronting on a flankage street or lane
shall be 6.0 m from the flankage street
or lane line
13.2.2(e) Minimum Interior Side
Yard
1.2 m.; except 0.0 m. on a mutual side
lot line separating 2 attached
townhouse units
13.2.2(g) Minimum Rear Yard
6.0 m; or
For lots fronting a public street with
parking accessed via rear lane, 3.5
metres to the dwelling, except 6.0
metres to the garage door face and 2.4
metres to corner radius for a corner
unit; or
0.0m for Back-to-Back Townhouses.
13.2.2(h) Maximum Height
13.5 m
Any provisions of the R4 zone not specifically identified above, are applicable as set out in Section
13 of By-law 1-H-86.
iii.
That notwithstanding Section 4.25.6 Definition of Group Townhouses, the following
shall apply: "Shall mean a dwelling house comprising three or more dwelling units with
each dwelling unit being divided one from the other by an above grade vertical common
wall, a minimum of 10 square metres in area and with each dwelling unit having direct
access to a yard. A maximum of eight dwelling units are permitted in a row.
"For back-to-back townhouses, a maximum of 8 dwelling units may be attached in a
contiguous structure, provided the structure is only 4 units wide and 2 units deep."
iv.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section
7.1.5(d) Parking Lot and Garage Requirements, the following shall apply:
"The parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres. Stairs, to a maximum of 3 risers or
0.61 metres, shall be permitted to encroach into this parking space."
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SECTION 12
ZONE EXCEPTIONS
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a porch
may project into any required front yard setback a distance of not more than 2.0 metres;
any required exterior side yard setback a distance of not more than 1.8 metres; and, any
required rear yard setback a distance of not more than 2.5 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions,
steps/stairs may project into any required front yard or setback a distance of not more
than 3.5 metres.
vii. That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a patio or
deck above the finished grade may project into any required rear yard setback a distance
of not more than 2.5 metres. Any patio or deck constructed in a rear yard is restricted to
a maximum size of 3.1 metres by 2.5 metres.
viii. That notwithstanding Section 6.7(e), an accessory building or combination of
buildings is permitted up to a maximum of 10% lot coverage or 10 square metres,
whichever is less.
ix.
That an air conditioning unit shall be setback a minimum of 0.6 metres from any
side or rear property line. An air conditioning unit is not permitted in any part of a required
front yard or front setback.
x.
That a maximum of 70% of the front yard may be permitted as hardscaping. For
the purposes of this by-law, hardscaping shall be considered as finished space
consisting of pavement, concrete, patio stones, interlock or other hard surface treatment.
xi.
That a garage face can extend a maximum of 1 metre in front of a ground floor
porch where it meets all other applicable setbacks.
xii.
A common element condominium road shall be considered a public road for the
purposes of the Zoning By-law.
HAL36.465
2. Zoning for Urban Residential Type 4 (R4) - Street Townhouses, Group Townhouses, Back-
to Back Townhouses and Apartments
That on the lands delineated as Part 4 on Map 'B' attached to and forming part of this by-
law, the following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses - Urban Residential Type
4 (R4), permitted uses shall include:
a. Street Townhouses subject to the provisions outlined in Paragraph 5.2 of this By-
law
b. Group Townhouses subject to the provisions outlined in Paragraph 5.3 of this By-
law
c. Back-to-Back Townhouses
d. Apartment Dwelling House
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ZONE EXCEPTIONS
ii. Notwithstanding the provisions of Section 13.2.1 Zone Provisions - Street Townhouses,
the following shall apply to Back-to-Back Townhouses:
13.2.1(a) Minimum Lot Area
(i) Interior Lot - 78 square
metres
(ii) Corner Lot - 105 square
metres
(iii) End Lot - 90 square metres
13.2.1(b) Minimum Lot Frontage
(i) Interior Lot - 6.0 metres per
unit
(ii) Corner Lot - 9.0 metres per
unit
(iii) End Lot - 7.2 metres per unit
13.2.1(c) Minimum Front Yard
3.0 m. to dwelling; except 6.0 m to
attached garage face
13.2.1(d) Minimum Exterior Side
Yard
3.0 m. to dwelling; except that an
attached garage fronting on flankage
street shall be 6.0 m from flankage
street line
13.2.1(e) Minimum Interior Side
Yard
1.2 m.; except 0.0 m on a mutual
side lot line separating 2 attached
townhouse unit
13.2.2(g) Minimum Rear Yard
0.0 m.
13.2.2(h) Maximum Height
14.0 m.
iii.
Notwithstanding the provisions of Section 13.2.4 Zone Provisions - Apartment Dwelling
House, the following shall apply to Apartment Dwelling Houses:
13.2.4(a) Minimum Yard
Requirements
(i) Front Yard - 3.0 m.
(ii) Exterior Side Yard - 3.0 m.
(iii) Interior Side Yard - 3.0 m.;
except 7.5 m. abutting a
side lot line which is the
boundary of any Residential
Zone
(iv) Rear Yard - 3.0 m.; except
7.5 m. abutting a rear lot line
which is the boundary of any
Residential Zone
13.2.4(b) Maximum Floor Area
Ratios
Not Applicable, however maximum
density shall be 100 units per
hectare
13.2.4(c) Maximum Building Height
6 storeys
Any provisions of the R4 zone not specifically identified above, are applicable as set out in Section
13 of By-law 1-H-86.
iv.
That notwithstanding Section 4.25.5 Definition of Street Townhouses, the following
shall apply:
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SECTION 12
ZONE EXCEPTIONS
"Shall mean a dwelling house comprising three or more dwelling units with each
dwelling unit being divided one from the other by an above grade vertical common
wall, a minimum of 10 square metres in area and with each dwelling unit having direct
access to a yard. A maximum of eight dwelling units are permitted in a row.
For back-to-back townhouses, a maximum of 8 dwelling units may be attached in a
contiguous structure, provided the structure is only 4 units wide and 2 units deep."
v.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section 7.1.5(d)
Parking Lot and Garage Requirements, the following shall apply:
"The parking space size located within a garage shall have a minimum width of 3.0
metres and have a minimum length of 6.0 metres. Stairs, to a maximum of 3 risers or
0.61 metres, shall be permitted to encroach into this parking space."
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a porch may
project into any required front yard setback a distance of not more than 2.0 metres;
any required exterior side yard setback a distance of not more than 1.8 metres; and,
any required rear yard setback a distance of not more than 2.5 metres.
vii.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, steps/stairs
may project into any required front yard or setback a distance of not more than 3.5
metres.
viii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a patio or
deck above the finished grade may project into any required rear yard setback a
distance of not more than 2.5 metres. Any patio or deck constructed in a rear yard is
restricted to a maximum size of 3.1 metres by 2.5 metres.
ix.
That notwithstanding Section 6.7(e), an accessory building or combination of buildings
is permitted up to a maximum of 10% lot coverage or 10 square metres, whichever is
less. However, for Back-to-Back Townhouses, no accessory uses shall be permitted.
x.
That an air conditioning unit shall be setback a minimum of 0.6 metres from any side
or rear property line. An air conditioning unit is not permitted in any part of a required
front yard or front setback; except an air conditioning unit is permitted on a front
balcony above the ground floor on a Back-to-Back Townhouse.
xi.
For Townhouses, a maximum of 70% of the front yard may be permitted as
hardscaping. For the purposes of this by-law, hardscaping shall be considered as
finished space consisting of pavement, concrete, patio stones, interlock or other hard
surface treatment.
xii.
That a garage face can extend a maximum of 1 metre in front of a ground floor porch
where it meets all other applicable setbacks.
xiii.
For an Apartment Dwelling House, parking shall be provided at a ate of 1.25 spaces
per unit, plus 1 visitor space for every 10 dwelling units or part thereof.
xiv.
The provisions under Section 6.14 (Number of Dwelling Houses Per Lot) shall not
apply for Apartment Dwelling Houses.
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xv.
For the purposes of the lot frontage, lot area, front, side, and rear yard A common
element condominium road shall be considered a public road for the purposes of the
Zoning By-law.
HAL36.466
3. Zoning for General Commercial (CG) - Commercial and Mixed-Use Buildings
That on the lands delineated as Parts 5 and 6 on Map 'B' attached to and forming part of this by-
law, the following provisions shall apply:
i.
In addition to the provisions of Section 16.1 Permitted Uses, the permitted
uses shall also include:
(a) supermarket;
(b) Specialty GAFO stores, being those stores consisting of the retail sale
of general merchandise; apparel & accessories; furniture and home
furnishings; electronics and appliance; sporting goods, hobby, music
and books; or other miscellaneous retail;
(c) home improvement/building supply store;
(d) service commercial stores including personal service shops;
restaurants; financial institutions; personal service / professional
offices; and, other similar uses;
(e) mixed-use buildings, with residential apartment units above ground
floor commercial;
(f) live-work townhouses, with commercial (home-based business)
component on the ground floor;
(g) residential apartment dwellings, street townhouses, group townhouses,
back-to-back townhouses and stacked townhouses shall be permitted,
except in the north-west quadrant of the block (part 6). [1310-HC/22]
ii.
Notwithstanding the provisions of Section 16.2 Zone Provisions, the
following shall apply:
16.2(a) Minimum Yard
Requirements
i.
Front Yard - 3.0 m.
ii. Exterior Side Yard - 3.0 m
iii. Interior Side Yard - 3.0 m.; except
7.5 m. abutting a side lot line
which is the boundary of any
Residential Zone
iv. Rear Yard - 3.0 m.; except 7.5 m.
abutting a side lot line which is the
boundary of any Residential Zone
16.2(b) Maximum Building
Height
3 storeys; except for buildings adjacent
Street 'C', 6 storeys shall be permitted
Any provisions of the CG zone not specifically identified above, are applicable as set out in Section
16 of By-law 1-H-86.
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iii. Parking for Apartment Dwellings or other Dwelling Unit shall be provided at a rate of 1.25
spaces per unit, plus 1 visitor space for every 10 dwelling units or part thereof.
1. Parking for Non-Residential uses shall be provided in accordance
with Section 7 of By-law 1-H-86.
2. Required visitor spaces for residential uses and non-residential
uses can be shared.
iv. The provisions under Section 6.14 (Number of Dwelling Houses Per Lot) shall not apply.
v. For the purpose of this By-law, the following definitions shall apply:
(i) A "Supermarket" shall mean a building in which the main use is the retail sale of a balanced
line of goods such as canned, bottled, packaged, and frozen foods, fresh meat and poultry,
fish, fresh fruits and vegetables, prepared food products, bakery products, dairy products,
candy and confectionary and other food products. In addition, newspapers, magazines,
paper products, soft drinks, tobacco products, health and beauty aids, housewares,
flowers and plants and other non-food items may be sold. Services may also be offered
for sale provided they are subordinate to the main use.
(ii) "Specialty GAFO" shall mean a building in which the main use is the retail sale of general
merchandise; apparel & accessories; furniture & home furnishings; electronics &
appliances; sporting goods, hobby, music & books; or other miscellaneous retail.
Department stores as defined herein, supermarkets as defined herein, home & auto stores
and warehouse memberships clubs are not included in this category.
(iii) A "Home Improvement / Building Supply Store" shall mean a building in which the main
retail use is the retail sale of building and/or garden materials and which may include the
outside storage of goods and materials.
(iv) "Service Commercial Store" shall mean a building or part of a building in which the main
non-retail commercial use is a service type use. A service type use may include, but not
be limited to the following:
a. "Personal Service Shop" shall mean an establishment where a personal service is
performed, such as a barber shop, beauty salon, dressmaking shop, shoe repair
shop, tailor shop, photographic studio, music studio or similar use.
b. "Restaurant" shall mean a building or part of a building where food is offered for
sale or sold to the public for immediate consumption either within the building or
elsewhere. This definition includes, but is not limited to, a licensed dining lounge,
café, cafeteria, lunch counter, tearoom or coffee shop, an outdoor patio or café.
c. "Financial Institution" shall mean a building or part of a building where the primary
business and function is the handling and investment of funds, such as a bank,
trust company, savings and loan association or investment company.
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d. "Personal Service / Professional Office" shall mean a building or part of a building
being used as an office for individuals providing a service directly to the public
(including but not limited to a real-estate office, travel agency, insurance brokerage
or government office) or used for the practice of a profession (including but not
limited to such offices as an accountant, architect, dentist, engineer, land surveyor,
land use planner, physicians, or other generally recognized professional).
HAL36.467
4. Zoning for Open Space (OS)
That on the lands delineated as Part 8 on Map 'B' attached to and forming part of this
by-law, the following provisions shall apply:
i.
That notwithstanding the permitted uses of Section 32.1 Open Space Zone
(OS), only the following uses shall be permitted on Part 3:
a) Park
b) Stormwater management facilities
HAL36.468
5. Zoning for Hazard Lands (HL)
That on the lands delineated as Part 7 on Map 'B' attached to and forming part of
this by-law, the following provisions shall apply:
i.
No site alteration or development is permitted, with the exception of trails
as approved by the County and Conservation Authority.
General Provisions
The following General Provisions shall apply to the lands shown on Maps 'A' and
'B' attached to and forming part of this by-law:
i.
That the definition of a "Sight Triangle" contained in subsection 4.85 shall
not apply to the lands identified as having reference to this subsection and
the following definition shall apply in lieu thereof:
a) Intersections of Local Roads
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one
of the street lines to a point on the other street line, each point being
measured 4.5 metres from the point of intersection of the street lines.
b) Intersections of Local Road / Collector Street
"SIGHT TRIANGLE" shall mean the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on one
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of the street lines to a point on the other street line, each being measured
7.5 metres from the point of intersection of the street lines.
ii.
That a minimum density of development be set for the entire subject lands
shown on Maps 'A' and 'B' at 46 persons and jobs per hectare. The density
measure is to be calculated based upon: 3.16 persons per one family
dwelling house; 3.16 persons per two family dwelling house (each dwelling
unit); 2.74 persons per townhouse dwelling unit; and, 1.86 persons per
apartment dwelling unit.
HAL36.469
6. Zoning for Urban Residential Type 1-B (R1-B) - One and Two Family Dwellings
That on the lands delineated as Part 1 on Map 'B' attached to and forming part of this by-law, the
following provisions shall apply:
i.
Notwithstanding the provisions of Section 10.1 Permitted Uses - Urban
Residential
Type 1-B (R1-B), permitted uses shall include:
a) One family dwelling house
b) Two family dwelling house
ii.
That notwithstanding the provisions of Section 10.2 Zone Provisions, the
following shall apply:
Provision
Permitted
a) 10.2(a) Minimum Lot Area
220 square metres for an interior lot
and 265 square metres for a corner
lot
b) 10.2(b) Minimum Lot Frontage
8 metres for an interior lot and 10
metres for a corner lot
c) 10.2(c)(i) Minimum Front Yard
4.5 metres to the dwelling and 6.0
metres to the garage
d) 10.2(c)(ii) Exterior Side Yard
2.4 metres, except that an attached
garage fronting on flankage street
shall be 6.0 metres from the lot line on
the flankage street
e) 10.2(c)(iii) Interior Side Yard
For one family dwelling house: 1.2
metres on one side and 0.6 metres on
the other side
For two family dwelling house: 1.2
metres, except no interior side yard is
required along common lot line
f) 10.2(c)(iv) Rear Yard
7.0 metres
Any provision of the R1-B zone not specifically identified above, are applicable as set out in
Section 10 of By-law 1-H 86.
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iii.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section
7.1.5(d) Parking Lot and Garage Requirements, the following shall apply:
"The parking space size located within a garage shall have a minimum width of
3.0 metres and have a minimum length of 6.0 metres. Stairs, to a maximum of
3 risers or 0.61 metres, shall be permitted to encroach into this parking space."
iv.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any required yard
or setback a distance of not more than 0.4 metres.
v.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a
porch may project into any required yard setback a distance of not more than
2.0 metres; any required exterior side yard setback a distance of not more than
1.8 metres; and, any required rear yard setback a distance of not more than
2.5 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, steps
/ stairs may project into any required front yard or setback a distance of not
more than 3.5 metres.
vii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a
patio or deck above the finished grade may project into any required rear yard
setback a distance of not more than 2.5 metres. Any patio or deck constructed
in a rear yard is restricted to a maximum of 3.1 metres by 2.5 metres.
viii.
That notwithstanding Section 6.7(e), an accessory building or combination of
buildings is permitted up to a maximum of 10% lot coverage or 10 square
metres, whichever is less.
ix.
That an air conditioning unit shall be setback a minimum of 0.6 metres from
any side or rear property line. An air conditioning unit is not permitted in any
part of a required front yard or front yard setback.
x.
That a maximum of 70% of the front yard may be permitted as hardscaping.
For the purposes of this by-law, hardscaping shall be considered as finished
space of pavement, concrete, patio stones, interlock or other hard surface
treatment.
xi.
That a garage face can extend a maximum of 1 metre in front of a ground floor
porch where it meets all other applicable setbacks.
7. Zoning for Urban Residential Type 4 (R4) - Townhouses, One and Two Family Dwellings
That on the lands delineated as Part 2 on Map 'B' attached to and forming part of this by-law, the
following provisions shall apply:
i.
Notwithstanding the provisions of Section 13.1 Permitted Uses - Urban
Residential Type 4 (R4), permitted uses shall include:
a) Street townhouses
b) Group townhouses
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c) One and two family dwelling houses subject to the provisions outlined in
paragraph 5)1. of this by-law
ii.
Notwithstanding the provisions of Section 13.2.1 Zone Provisions - Street
Townhouses, the following shall apply:
a) 13.2.1(a)(i)(ii) and (iii)
Minimum Lot Area
(i)
interior lot - 150
square metres per unit
(ii)
interior lot with
attached private
garage - 150 square
metres per unit
(iii)
corner lot with
attached private
garage - 210 square
metres per unit
b) 13.2.1(b)(i) and (ii) Minimum
Lot Frontage
(i)
interior lot - 5.5
metres per unit
(ii)
corner lot - 8 metres
per unit
c) 13.2.1(c) Minimum Front Yard
4.5 metres to the dwelling and
6.0 metres to the garage
d) 13.2.1(d) Minimum Exterior
Side Yard
2.4 metres, except that an
attached garage fronting on
flankage street shall be 6.0
metres from the lot line on the
flankage street
e) 13.2.1 (g) Minimum Rear Yard
6.0 metres
Any provisions of the R4 zone not specifically identified above, are applicable as set out in Section
13 of By-law 1 H 86.
iii.
That notwithstanding Section 4.25.5 Definition of Townhouses, the following
shall apply:
"Townhouses shall mean a dwelling house comprising three or more dwelling
units with each dwelling unit being divided one from the other by an above
grade vertical common wall, a minimum of 10 square metres in area and with
each dwelling unit having direct access to a yard. A maximum of eight dwelling
units are permitted in a row."
iv.
That notwithstanding Section 7.1.3(b) Parking Space Dimensions and Section
7.1.5(d) Parking Lot and Garage Requirements, the following shall apply:
"The parking space size located within a garage shall have a minimum width
of 3.0 metres and have a minimum length of 6.0 metres. Stairs, to a maximum
of 3 risers or 0.61 metres, shall be permitted to encroach into this parking
space."
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v.
That notwithstanding Section 6.21(a) and (b) Exemptions from Yard
Provisions, soffit, cornice, eaves or gutters may project into any required yard
or setback a distance of not more than 0.4 metres.
vi.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, a
porch may project into any required front yard setback a distance of not more
than 2.0 metres; any required exterior side yard setback a distance of not more
than 1.8 metres; and, any required rear yard setback a distance of not more
than 2.5 metres.
vii.
That notwithstanding Section 6.21(c) Exemptions from Yard Provisions, steps
/ stairs may project into any required front yard or setback a distance of not
more than 3.5 metres.
viii.
That notwithstanding Section 6.21(d) Exemptions from Yard Provisions, a
patio or deck above the finished grade may project into any required rear yard
setback a distance of not more than 2.5 metres. Any patio or deck constructed
in a rear yard is restricted to a maximum of 3.1 metres by 2.5 metres.
ix.
That notwithstanding Section 6.7(e), an accessory building or combination of
buildings is permitted up to a maximum of 10% lot coverage or 10 square
metres, whichever is less.
x.
That an air conditioning unit shall be setback a minimum of 0.6 metres from
any side or rear property line. An air conditioning unit is not permitted in any
part of a required front yard or front setback.
xi.
That a maximum of 70% of the front yard may be permitted as hardscaping.
For the purposes of this by-law, hardscaping shall be considered as finished
space consisting of pavement, concrete, patio stones, interlock or other hard
surface treatment.
xii.
That a garage face can extend a maximum of 1 metre in front of a ground floor
porch where it meets all other applicable setbacks.
xiii.
That where a street townhouse block having 8 or more units is constructed at
the intersection of a local street and a collector street, with the units facing the
collector street, the driveway and garage of the corner lot shall be located on
the local street.
For the purposes of this by-law, a collector street is a street with a right-of-way width of 20 metres
or greater. A local street is a street with a right-of-way width with 18 metres or less.
12.3 Nanticoke
NANR1-A.2
Minimum lot area: 414 sq. m.
Minimum lot frontage: 10 m.
Minimum interior right side yard: 1 m.
Minimum front yard: 4 m.
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NANR1-A.3
Minimum lot frontage:
14 m.
Minimum front yard:
4.8 m.
Minimum interior side yard:
3 m. and 0.61 m.
NANR1-A.4
Minimum exterior side yard:
5 metres
NANR1-B.1
Minimum Lot Area:
> Interior Lot: 300 sq. metres
> Exterior Lot: 375 sq. metres
Minimum Lot Frontage:
> Interior Lot: 10 metres
> Exterior Lot: 13 metres
Minimum Front Yard:
> 4.5 metres to the front face of the dwelling
and 6.0 metres to the front of the garage
Minimum Side Yard:
> Exterior: 3.0 metres
> Interior: 1.0 metres on each side with an
attached garage
NANR2.1
a)Permitted Use
Duplex dwelling
Excluded Use
Habitable room in the basement
b)
Minimum lot area:
448 sq. m.
Minimum lot frontage:
11 m.
Minimum front yard:
5 m.
Minimum usable floor area: 59 sq. m. per dwelling unit
Minimum number of parking spaces: 3
NANR2.2
Minimum lot area: 414 sq. m.
Minimum interior left side yard: 0.50 m.
Minimum lot frontage: 10 m.
NANR2.3
For the lands subject to this by-law, a minimum of 12 semi-detached units
shall be provided.
Minimum Rear Yard:
6.5 Metres
-
Abutting a municipal drain: 6.0 metres
Minimum Interior Side Yard: 1 Metres
Mutual side lot line for semi-detached dwellings: On the mutual side lot line
separating two attached semi-detached dwelling units, no interior side yard
is required where the walls are joined, where the walls are not, a 1 metre
side side yard shall be required.
Single detached dwelling
In additional to the provisions of the R1-A zone, the following provisions
shall also apply.
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Minimum lot frontage, interior lot: 12.0 metres
Minimum lot frontage, corner lot: 15.0 metres
Minimum lot area, interior lot: 360.0 sq. metres
Minimum lot area, corner lot: 450.0 sq. metres
Minimum Exterior Side Yard: 4 metres
Minimum Interior Side Yard: 1 metre
Minimum Rear Yard: 6.5 metres
-
Abutting a municipal drain: 6.0 metres
NANR.4.1
Subsection 3.13 (Frontage on an Improve Street) shall not apply.
Front Lot Line shall be deemed to be the easterly zoning boundary
line
NANR.4.2
Permitted Use
Group Townhouse
That for the purposes of this development, the definition of "Group
Townhouses" shall mean a dwelling containing two or more dwelling units
located on the same lot with each dwelling unit being divided one from the
other by an above grade vertical common wall, a minimum of 10 square
metres in area, and with each dwelling unit having direct access to a yard.
The maximum number of units per townhouse block shall be five
(5).
The front lot line shall be deemed to be the north-eastern property line
adjacent to Nanticoke Creek Parkway.
For the purpose of applying minimum front yard, exterior side yard and
interior side yard setbacks the private road shall be deemed as the front lot
line.
Minimum Interior Side Yard:
2.96 metres
NANR.4.3
A maximum of 25 single detached dwellings
Minimum Yard Requirements:
a) Front Yard - 3.0 metres
b) Rear Yard - 7.5 metres
c) Exterior Side Yard - 3.0 metres
NANR5.1
Maximum building height:
4 storeys
NANRH.1
a)Permitted Use
Automobile body shop
b)
Minimum rear yard:
3 m.
Maximum useable floor area: 280 sq. m. for an automobile
body shop
NANRH.2
Permitted Use
Duplex dwelling
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NANRH.3
Permitted Use
Water haulage business
NANRH.4
Minimum rear yard:
21.3 m.
NANRH.5
a)Permitted Use
Private club
Vacation home
Sales office within existing dwelling for the propose
leasehold development
b)
Minimum overall lot area:
35.2 ha.
Minimum front yard:
9 m.
Maximum number of dwelling units:
389
Maximum useable floor area per dwelling unit:
140 m2
Maximum number of bedrooms per dwelling unit: 2
Maximum leasehold site lot coverage:
50%
Lot coverage shall include the area of the leasehold site
covered by decks and unenclosed porches.
Maximum percentage of built dwellings to be used
for vacation homes:
10%
Minimum leasehold site front yard:
3.6 m.
Minimum leasehold site exterior side yard: 3.6 m.
Minimum leasehold site rear yard:
2.4 m.
Minimum leasehold site interior side yard: 1.2 m.
Minimum leasehold site interior side yard for an
accessory building or structure:
1.2 m.
Minimum parking spaces:
2
on
each
leasehold
site
Location of parking spaces: none
on
any
private
lane.
Minimum services:
every dwelling unit shall be
connected to a communal
water and communal sanitary
sewer system.
For the purpose of the lands subject to this special
provision and special provision RH.5a, a "vacation
home" shall mean a dwelling containing only one
dwelling unit used for the purpose of vacation and
recreation on a regular basis from May through
October inclusive, in the same calendar year, and
shall only consist of either a park model trailer built
to CA/CSA - Z 241 standards (or successor
standards) as defined in the Ontario Building Code,
provided that the park model trailer or the model
home, as the case may be, is placed on a concrete
pad, has its trailer or mobile home drawbar removed
and is skirted to disguise its identity as a trailer.
NANRV.1
Permitted Use
Single detached dwelling
NANRV.2
Minimum lot area:
780 sq. m.
NANRV.3
a) Sole Permitted Use Accessory building without the need for a main use
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b)
Frontage on an improved street: not required.
An accessory building is permitted within the front yard setback on
the north side of the public lane as delineated on Schedule RV.3
Minimum front yard for an accessory building: 0.6 m.
Maximum useable floor area of an accessory building: 61
sq. m.
Maximum lot area:
244 square metres
Maximum lot coverage for an accessory building: 25%
NANRV.4
Permitted Use
Single detached dwelling
NANRV.5
Setback of seasonal dwelling from breakwall: 15.0 m.
NANRV.6
Lot frontage: 22.0 m.
Lot area: 1,200 sq. m.
NANRV.7 (H)
a) Permitted Use
Single detached dwelling
b)
Frontage on an Improved street:
not required
Minimum lot area:
1,214 sq. metres
Minimum front yard:
4.5 metres
Minimum setback from a breakwall: 12.19 metres
NANRV.8
Single detached dwelling for year round purposes
Minimum Lot Frontage:
13.5 metres
NANRV.9
a) Sole Permitted Use Accessory building without the need for a main use
b) Minimum lot frontage: 28.9 metres
Minimum lot area: 710.45 square metres
Minimum front yard setback: 2.0 metres
NANRV.10
Minimum lot frontage: 27.0 metres
Minimum lot area: 1,189.71 square metres
Minimum front yard setback: 7.0 metres
Minimum setback for a dwelling
from a breakwall: 15.0 metres
NANRV.11
a) Sole Permitted Use An accessory building is permitted on the
subject lands on the north side of the private lane in absence of
a primary permitted use (vacation home) Excluded Use Single
Detached Dwelling
b)Maximum Building Height of the accessory building: 6.43 metres
for the accessory building located on the north side of the private
lane.
NANRV.12
a) Excluded Use All residential development
b)Part 1: Minimum lot area:
1, 150 square metres
Part 2: Minimum lot area:
1, 625 square metres
Minimum interior side yard, left: as existing on date of passing of
by-law for the existing dwelling.
NANRV.13
Frontage on an improved street not required for construction of a seasonal
dwelling.
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NANRV.15
a) Permitted Use Accessory structure without the need for a main use
Excluded Use
A dwelling
b) Part 1
Minimum lot area:
1,000 square metres
Part 2
Minimum lot area:
778 square metres
Minimum lot frontage:
28.37 metres
NANRV.16
Part 2, 3, 4 and 5 Sole Permitted Use: Single detached dwelling
Part 2
Minimum Lot Frontage:
21.9 metres
Part 3
Minimum Lot Frontage:
22.0 metres
Part 4
Minimum Lot Frontage:
22.5 metres
NANCD.1
Subsection 6.1.6 shall not apply.
Minimum Interior side yard:
0.3 m.
Parking lot location:
0.3 metres from rear lot line
1.3
metres
from
interior
lot
line
Number of required parking spaces:
20
a) Parts 1 and 2
Minimum Rear Yard Setback abutting a Residential
Zone - 3 metres
NANCH.1
Permitted Use
Pharmacy.
Clinic or doctors' offices
NANCH.2
Sole Permitted Use
Financial institution.
Office, all types.
Restaurant, all types.
NANCH.3
Permitted Use
A feed mill
NANCH.4
Permitted Use
Bingo hall.
Nursing and retirement home
NANCH.6
Number of required parking spaces:
0
NANCH.7
REPEALED ( 623-HC/09)Permitted Use Hardware store
NANCN.1
a)Permitted Use
Apartment building to a maximum of
4 storeys and a minimum of 24 units
shall
be
permitted
as
an
additional
use on the same lot as a commercial
use.
Professional Offices
Dental and/or Medical Office
Bank and/or Credit Union
Retail Establishment
Excluded Use
Drive-thru
type
uses
shall
not
be
permitted.
Dwellings, Single detached, semi-detached
and duplex.
b) The front lot line shall be deemed to be the portion of lot fronting
on Highway No. 3 East (Talbot Road)
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Minimum Rear Yard
3 metres
Minimum Exterior Side Yard
3 metres
Minimum Distance between buildings on the same
lot: 15 metres
Minimum Building Setback:
-
To Municipal drain: 7 metres
-
Storm Water Management Facility: 3
metres
Maximum building Height:
-
For a residential apartment building:
15 metres
-
For
combined
commercial
and
residential apartment building: 15
metres
For the commercial use: A maximum floor area of 800
square metres of gross leasable commercial floor area.
With each individual commercial unit be limited to a
maximum of 200 square metres.
Mimimum Landscape Coverage:
30%
Maximum Building Coverage:
30%
Parking Requirements:
-
Residential: 1.5 spaces per unit
-
Commercial: 1 space per 30 m2 of gross
usable floor area
NANCHA.1
a)Permitted Use
Construction
and
industrial
supply
establishment
b) Minimum front yard:
0.57 m.
Minimum exterior side yard:
4.7 m.
Parking:
prohibited in front yard
NANCHA.2
Permitted Use
Dwelling containing four apartment dwelling units
NANCHA.3
Permitted Use
Hotel
NANCHA.4
Minimum front yard:
6 m.
Minimum exterior side yard:
3 m.
Minimum exterior side yard for an existing building: 0.6 m.
NANCR.1
a)Permitted Use
A contractor's shop; and
Manufacture of ornamental concrete products with a
maximum floor area of 46.5 sq. m. (500 sq. ft.) per
lot on the same lot as a Garden Centre and Tree and
Plant Nursery
In no case shall the maximum floor area for the
manufacture of ornamental concrete products
exceed 46.5 sq. m. on all lands affected by By-law
49-HC-01
b) Subsection 1.4.3 shall not apply.
Haldimand County Zoning By-law HC 1-2020
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SECTION 12
ZONE EXCEPTIONS
Outdoor storage accessory to permitted uses: to be setback 1.3
metres from the front property line.
NANMH.1
a)Permitted Use
Lumber yard and building supply outlet
b) Minimum services: Connection to public water and sewer systems not
required.
NANMH.2
a)Permitted Use
Financial institution.
Employment agency.
Labour or trade organization office.
Clinic or doctor's office.
Dry-cleaning distribution station.
Post office.
b) Minimum lot frontage:
178 m.
Minimum exterior side yard:
9 m.
Minimum interior side yard:
5 m.
Minimum rear yard:
8 m.
Maximum building height:
11 m.
Maximum lot coverage:
10%
NANMH.3
a)Excluded Use
Outdoor
storage
of
materials,
merchandise,
chemicals,
fertilizers,
fluids
or
other
items
which
are
noxious,
poisonous,
corrosive,
flammable or which by their nature would
have an adverse effect on the ecology of the
Nanticoke Creek floodplain.
b) Minimum exterior side yard:
9 m
NANMH.4
Permitted Use
Outdoor
repair
of
materials
and
equipment.
Excluded Use
Outdoor storage of materials, merchandise,
chemicals, fertilizers, fluids or other items which are
noxious, poisonous, corrosive, flammable or which
by their nature would have an adverse effect on the
ecology of the Nanticoke Creek floodplain.
NANMH.5
a)Permitted Use
Industrial garage.
Vehicle sales or rental establishment,
automotive service and repair station and an
auto parts shop, accessory to a permitted
use.
b) Minimum exterior side yard:
9m.
Minimum exterior side yard:
9m.
No more than 10 vehicles shall be displayed for sale at one time.
NANMH.6
a)Permitted Use
Animal crematorium
b) Minimum lot frontage:
42 m.
Minimum lot area:
0.4 hectares
Minimum exterior side yard:
9 m.
NANMH.7
Notwithstanding Section 7.1.2, (Specific Permitted Uses in the MH
zone), a dwelling shall not be permitted.
Haldimand County Zoning By-law HC 1-2020
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SECTION 12
ZONE EXCEPTIONS
NANMG.1
Permitted Use
Bingo Hall.
Flea Market.
Accessory uses including food concessions.
NANMG.2
Permitted Use
Labour assembly hall.
Offices, all types.
Hotel.
Convenience store.
Laundromat.
Personal service shop.
Financial institution.
NANMG.3
Permitted Use
Labour assembly hall.
Offices, all types.
Excluded Use
Outdoor storage of granular materials within
230 metres of the lot line adjacent to
Rainham Road.
NANMG.4
Minimum setback from Highway No. 6:
27.74 m.
NANMG.5
Minimum setback from Highway No. 6:
14 metres
Minimum required parking spaces: 11 spaces for mini-storage
purposes with a gross useable floor area of 5,530 square metres.
NANMP.1
Permitted Use
Bookstore.
Tourist Information centre.
NANMP.2
Permitted Use
Dwelling
NANMR.1
a)Permitted Use
Transport
truck
repair
and
storage
operation
b) Outdoor storage: limited to a maximum of 4 trucks and
6 trailers
Minimum front yard:
14 m.
NANMR.2
Permitted Use
A paving contractor's yard including repair
and
storage facilities
NANMR.3
Permitted Use
Concrete plant
NANMR.4
a)Permitted Use
A contractor's shop;
Garden Centre and Tree and Plant Nursery;
and
Manufacture
of
ornamental
concrete
products with a maximum floor area of 46.5
sq. m. (500 sq. ft.) per lot on the same lot as
a Garden Centre and Tree and Plant
Nursery.
Haldimand County Zoning By-law HC 1-2020
Page 416
SECTION 12
ZONE EXCEPTIONS
In no case shall the maximum floor area for
the manufacture of ornamental concrete
products exceed 46.5 sq. m. on all lands
affected by By-law 49-HC-01.
b) Subsection 1.4.3 shall not apply.
Minimum separation from a dwelling on an adjacent lot: 18
metres
NANMX.1
Minimum separation from a dwelling on an adjacent lot:
155 metres
NANIN.1
Permitted Use
Place of sports and recreation
Excluded Use
Nursing home .
Single detached dwelling.
NANIN.2
Permitted Use
Apartments
For the purposes of interpreting this subsection, the lands subject
to this subsection are deemed to be one lot.
NANIR.1
Minimum front yard:
11.5 m.
Any front yard setback existing on January 25, 1994 shall be
deemed to conform to this By-Law.
NANIR.2
Minimum perpendicular aisle width for two-way traffic for angled
parking:
6 metres
No parking lot shall be located within 2 metres of the northerly
interior lot line, and 3 metres of the southerly lot line.
Minimum size of parallel parking space:
6
metres
by
3
metres.
Minimum required number of parking spaces:
62
NANOS.1
Permitted Use
Place of sports and recreation
NANOS.2
Permitted Use
Sale
and
servicing
of
recreational
vehicles and
mobile homes.
Propane sales.
Mini golf.
NANOS.3
Excluded Use
Campground
NANOS.4
Sole Permitted Use
Campground dining hall.
Accessory uses that do not require private
sanitary or water services.
NANOS.5
Sole Permitted Use
Park for those lands shown as Parcels 1 & 2
on
Schedule OS.5
Haldimand County Zoning By-law HC 1-2020
Page 417
SECTION 12
ZONE EXCEPTIONS
A 'park' shall mean an area of land used for
horticultural
and
outdoor
recreational
activities but excludes a tent and trailer park
or campground.
NANOS.6
Permitted Use
Walking trail or recreational space without
buildings or structures
Sole Permitted Use
Municipal
Drain
and
Storm
Water
Management
Facility.
NANOS.7
Permitted uses are limited to municipal drain and walking
trail
NANOS.8
Minimum Lot Frontage:
7.5 metres
NANHL.1
Excluded Use
Boathouse, dock, pier or wharf or any similar
Structure
NANHL.2
Permitted Use
Septic system located on the Inland side of
the
existing breakwall
NANHL.3
a)Permitted Use
Single detached dwelling
b) Minimum setback from a breakwall: 12.19 metres
NANHL.4
a)Permitted Use
A sewage disposal system
b) Minimum setback from a shoreline protection
breakwall: 3.2 metres
NANHL.5
a)Permitted Use
Sewage disposal system
b) Minimum setback for a sewage disposal system
from a breakwall: 3.0 metres
NANA.1
Permitted Use
A second single detached dwelling
NANA.2
Excluded Use
Single detached dwelling.
Home occupation.
NANA.3
Permitted Use
Children's summer farm camp
NANA.4
Permitted Use
A
chip
wagon
as
delineated
on
Schedule A.4
NANA.5
Permitted Use
A nine hole golf course.
Mini golf course .
Putting green.
Excluded Use
A restaurant and lounge as ancillary
uses
NANA.6
Permitted Use
A vehicle wrecking yard
Excluded Use
Sale of vehicles and parts
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SECTION 12
ZONE EXCEPTIONS
NANA.7
Permitted Use
Sale of propane fuel
NANA.8
Minimum lot area:
2322.5 sq. m.
NANA.9
Minimum lot area:
2499 sq. m.
NANA.10
Excluded Use
Single detached dwelling .
Home occupation
NANA.11
Excluded Use
Housing of livestock in existing barns
NANA.12
Subsection 3.3 (a) shall not apply to the barns existing on
the subject lands as of November 5, 2001.
NANA.13
Excludes Use
Keeping of livestock
NANA.14
Subsection 3.3 (a) shall not apply.
Maximum building height for a residential accessory building:
7.1 metres
NANA.15
Excluded Use
Housing of livestock
NANA.16
Excluded Use
Housing of livestock
NANA.17
a)Excluded Use
That in addition to the uses permitted
In
the
'Agricultural
(A)'
Zone
(subsection
10.1)
a
multiple-
residential
structure
containing
two
apartment dwelling units and a single
family dwelling may be permitted and
wholly
enclosed
within
the
existing
footprint
on
the
lands
having
reference to this section.
b) Frontage on an improved street: not required
NANA.19
That on the lands delineated as having reference to this subsection
the following provision shall apply:
a) The keeping of livestock shall be limited to a maximum
of 3 Livestock Units.
NANA.20
Subsection 3.3 (Accessory Structures to Residential Uses) (a) and
(g) shall not apply to the storage buildings existing on Part 1 of the
lands as of February 7, 2005.
The barn existing on Part 2 of the subject lands shall not be used
to the housing of livestock.
NANA.21
Excluded Use
Single detached dwelling
Housing
of
Livestock
In
Existing
Barns
NANA.22
Part 1
Excluded Use Single detached dwelling
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SECTION 12
ZONE EXCEPTIONS
NANA.23
a)Part 1
Excluded Use Single detached dwelling
Part 2
Excluded Use Housing
of
Livestock
In
Existing Barns
b) Part 2
Subsection 3.3 (a) shall not apply.
Maximum Building Height for a residential accessory building:
11.0 metres for barn existing on date of passing of by-law.
Subsection 3.3 (g) shall not apply.
Maximum Usable Floor Area for a residential accessory building:
636 square metres for buildings existing on the date of passing
of the by-law.
That MDS I shall not apply to the dwelling existing on the date of
passing of the by-law.
NANA.24
Part 1
Excluded Use Single detached dwelling
Part 2
Subsection 3.3 (a) shall not apply.
Maximum Building Height for a residential accessory building: 6.0
metres for the building existing on the date of passing of the by-law.
Subsection 3.3 (g) shall not apply.
Maximum Usable Floor Area for a residential accessory building:
587.5 square metres for the building existing on the date of passing
of the by-law.
NANA.25
Part 1
Excluded Use Single detached dwelling
Part 2
Subsection 3.3 (a) shall not apply.
Maximum Building Height for a residential accessory building: 5.18
metres for the building existing on the date of passing of the by-law.
Subsection 3.3 (g) shall not apply.
Maximum Usable Floor Area for a residential accessory building:
105.34 square metres for the building existing on the date of
passing of the by-law.
NANA.26
Excluded Use
Single detached dwelling
NANA.27
Part 1 Excluded Use Residential Dwelling
Home Occupation
Part 2 Minimum Lot frontage - 12.19 metres
Maximum height of existing workshop-5.029 metres
Combined lot area of accessory buildings - 249
square metres
Existing garage and workshop shall not be used for
human habitation
NANA.28
Part A Excluded Use Residential Dwelling.
Home Occupation.
Existing barn shall not be used to house
livestock.
Existing Manure pit shall not be used for
manure storage purposes.
Part B Excluded Use Accessory building not to be used for
human Habitation
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Page 420
SECTION 12
ZONE EXCEPTIONS
The existing accessory building shall have maximum
useable floor area of 161.5 square metres.
NANA.29
Part 1 Minimum lot frontage of 6.1 metres shall apply.
Part 2 Excluded Use Residential Dwelling
Home Occupation
NANA.30
Excluded Use
Housing of livestock in existing barn.
Subsection 3.3(a) (maximum building height of accessory uses to
residential uses) shall not apply to the barn and accessory garage
existing on the subject lands as of June 2, 2008. The building
heights existing as of June 2, 2008 are deemed to conform to
Subsection 3.3(a)
Subsection 3.3(g) (maximum floor area of accessory uses to
residential uses) shall not apply to the barn and accessory garage
existing on the subject lands as of June 2, 2008. The floor areas of
the accessory buildings existing as of June 2, 2008 are deemed to
conform to Subsection 3.3(g).
NANA.31
Part A Permitted Use
A
second
existing
single
detached dwelling
NANA.32
Part B Sole Permitted Use
Single
detached
dwelling
and
accessory uses in
accordance with Section 3.3
NANA.33
Part C Excluded Use
Single detached dwelling
NANA.34
Excluded Use
Housing
of
livestock
in
existing barns
Single detached dwelling.
Home Occupation
Subsection 3.3(a) (maximum building height of accessory uses to
residential uses) shall be limited to the height of the existing
accessory building at the date of the passing of this By-law
Subsection 3.3(g) (maximum floor area of accessory uses to
residential uses) shall be limited to the floor area of existing
accessory building at the date of the passing of this By-law
Minimum Lot frontage:
9 metres.
NANA.35
Permitted Use
An
electrical
generating
station
fueled by natural gas.
Maximum building height shall be 70 metres.
Minimum development setback from adjacent Provincially
Significant Wetland shall be 30 metres.
Part 1 Excluded Use Single detached dwelling
Part 2 Excluded Use Housing
of
Livestock
in the
existing
barn
Subsection 3.3 (a) Maximum Building Height for an
Accessory Use to a Residential Use shall not apply to the
barn existing on the date of passing of the by-law. The
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SECTION 12
ZONE EXCEPTIONS
building height existing as of June 1st, 2009, 12.2 metres is
deemed to conform to Subsection 3.3 (a).
Subsection 3.3 (g) Maximum Floor Area for an Accessory
Use to a Residential Use shall not apply to the barn existing
on the date of passing of the by-law. The maximum floor
area existing as of June 1st, 2009, 171.9 square metres, is
deemed to conform to Subsection 3.3 (g).
NANA.36
That future residential opportunities, home occupations and home
industries shall be prohibited on Part 1.
That housing of livestock shall be prohibited on Part 2.
NANA.37
Permitted Use
Temporary dwelling
NANA.38
Part 1 Excluded Use That
future
residential
opportunities,
home
occupations
and
home
industries
shall
be
prohibited.
Part 2 Minimum front yard setback shall be 9.75 metres for the
dwelling existing on the date of passage of this by-law
The gross floor area for all accessory buildings existing on
the date of the passage of this by-law shall be 271 square
metres.
The maximum height shall be 9.14 metres for the accessory
building existing on the date of the passage of this by-law.
NANA.39
Excluded Use
Single Detached dwelling
NANA.40
Part A Excluded Use Single Detached Dwelling
Home-Based Business
Part B Excluded Use Housing of Livestock in Existing Barn
Subsection 3.3(a) Maximum Building Height for an
Accessory Use to a Residential Use shall not apply to the
accessory building existing on the date of passage of this
by-law. The height of the building existing as of February 15,
2011 of 5.5 metres is deemed to conform to Subsection
3.3(a).
Subsection 3.3(g) Maximum Floor Area for an Accessory
Use to a Residential Use shall not apply to the accessory
building existing on the date of passage of this by-law. The
maximum floor area of the building existing as of February
15, 2011 of 171.7 square metres is deemed to conform to
Subsection 3.3(g).
NANA.41
In addition to the applicable regulations and provisions contained in
this By-law, Section 3.36 Surplus Farm Dwelling Severance
Properties shall also apply to the lands having reference to this
subsection and shall supercede any section of the By-law with
which there is a conflict."
NANA.42
Excluded Use
Single Detached Dwelling
Haldimand County Zoning By-law HC 1-2020
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SECTION 12
ZONE EXCEPTIONS
NANA.44
Part 1 Excluded Use Housing
of
Livestock
in
Existing
Accessory Buildings
Subsection 3.3(e) Maximum Floor Area for an Accessory
Use to a Residential Use shall not apply to the accessory
building existing on the date of passage of this by-law. The
maximum floor area of the building existing as of May 22,
2012 of 459 square metres is deemed to conform to
Subsection 3.3(e).
Part 2 Excluded Use Single Detached Dwelling
Home-Based Business
NANA.45
Part 1 Subsection 3.3 (a) Maximum Building Height for an
Accessory Use to a Residential Use shall not apply to the accessory
building (garage) existing on the date of passing of the by-law and
that the building height existing as of September 6th, 2011, being
5.4 metres, is deemed to conform to Subsection 3.3 (a)
Subsection 3.3 (g) Maximum Floor Area for an Accessory
Use to a Residential Use shall not apply to the accessory
building (garage) existing on the date of passage of the by-
law and that the maximum floor area existing as of
September 6th ,2011, being 226 square metres, is deemed
to conform to Subsection 3.3 (g).
Part 2 Excluded Use Single Detached Dwelling,
Housing of Livestock in the Barn existing as
of September 6th ,2011.
NANA.46
Part 1 Excluded Use The
housing
of
livestock
in
the
existing accessory building(s)
Part 2 Excluded Use A single detached dwelling
A home occupation
NANA.47
Excluded Use
A single detached dwelling
A home occupation
NANA.48
Part 1 Permitted Use Accessory structures to a maximum
area of 290 square metres.
Excluded Use Single
detached
dwelling;
and
home
occupation.
Part 2 Accessory structures are permitted to a maximum area of
290 square metres for all such structures existing on date of
passage of this by-law.
NANA.49
Permitted Use
Contractor's
yard,
including
associated
buildings
and
outdoor
storage of materials and equipment;
Contractor's
shop,
including
the
maintenance and repair of contractor related
equipment
Excluded Use
A single detached dwelling;
The processing and sale of materials and
products.
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Page 423
SECTION 12
ZONE EXCEPTIONS
NANA.50A
Part 2
Excluded Use Single detached dwelling and home occupation
Subsection 10.1.2 (b)(i) shall not apply.
Part 1
Minimum lot frontage: 25 metres.
Subsection 3.3(e) shall not apply. Maximum usable floor area for
accessory structure:270 square metres for accessory structures
existing on date of passing to the by-law.
NANA.50B
Permitted Use
Mini Storage
Climate Controlled Warehouse
Accessory Office Space
NANA.51
Excluded Use
Single
detached
dwelling
and
home
occupation
NANA.52
Excluded Use
Single
detached
dwelling
and
home
occupation
NANA.53
Part 1 Excluded Use Single detached Dwelling
Housing
of
Livestock
in
Existing
Barns
Part 2 Minimum Lot Frontage:
16 metres
NANA.54
Part 1 Permitted Uses Asphalt manufacturing: such as polymer
modified asphalt production and distribution,
asphalt emulsion distribution and
production.
Part 2 Permitted Uses Subsection 2 (g) shall not apply. Maximum
building height shall be 18 metres.
Haldimand County Zoning By-law HC 1-2020
Page 424
SECTION 13
ENACTMENT OF BY-LAW
13
Enactment of By-law
13.1 Effective Date
a) This By-law shall come into force the day that it was passed if no appeals are received.
b) If an appeal is received, this by-law or portions thereof shall come into force when such
appeals have been withdrawn or finally disposed of whereupon the by-law, except for
those parts or provisions repeals or amended, shall be deemed to have come into force
and effect the day the by-law is passed.
READ a first and second time this 23rd day of November, 2020.
READ a third time and finally passed this 23rd day of November, 2020.
Haldimand County Zoning By-law HC 1-2020
Page 425
Schedule "A" - Zoning Maps
Schedule "B" - Intake Protection Zones
Schedule "C" - Special Policy Area - Dunnville
** Note: The Mapping for Schedules A, B and C form part of the Zoning By-law and are
located on the Haldimand County Website for review.