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THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-1
SECTION 3: DEFINITIONS
In this By-law, unless the contrary intention appears, words importing the singular
number shall include more persons, parties or things of the same kind than one, and the
converse. In this By-law, the word "shall" is to be construed as being always mandatory
and not directory.
Abattoir
Shall mean the use of land, building or structure,
or portion thereof, for the confinement of live
animals awaiting slaughter and slaughtering of
live animals and the packaging of animal
carcasses and may include the processing,
packing, treating, and storing of the product on
the premises, but
shall not include the
manufacture of inedible meat by-products, or
rendering of such products as tallow, grease,
glue, fertilizer, or any other inedible product.
(By-law No. 15-173, July 10, 2015)
Accessory
Shall mean, when used to describe a use of
land, building or structure, shall mean a use
which is commonly incidental, subordinate and
exclusively devoted to the main use or main
building situated on the same lot.
Additional Dwelling Unit
Shall mean a separate and self-contained
Dwelling Unit located within the principal
dwelling and shall not include a Farm Labour
Residence.
(By-law No. 22-132, June 08, 2022)
(By-law No 24-051, April 10, 2024)
Additional Dwelling Unit -
Shall mean a separate and self-contained
Detached
detached Dwelling Unit located on the same lot
as the principal dwelling but shall not include a
Farm Labour Residence.
(By-law No. 22-132, June 08, 2022)
Adult Entertainment Parlour
Shall mean a use which provides entertainment
or services that are designed to appeal to erotic
or sexual appetites or inclinations
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-2
provided on the premises and shall include a
Body Rub Parlour.
Agricultural Alcohol
Shall mean a Secondary use to an Agricultural
Production Facility
operation on the same lot, for the processing of
grapes, fruit, honey, hops or other produce in
the production of beer, wine, cider and/or spirits.
Agricultural Alcohol Production Facility uses
may
include
the
crushing,
fermentation,
distillation, production, bottling, aging, storage,
and accessory sale of beers, ciders, wines,
spirits and related products, a laboratory, an
administrative office, and a tasting, hospitality
and retail area, but shall not include a
Restaurant, a Conference or Convention
Centre, overnight accommodation or an Alcohol
Production Facility.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
(By-law No. 22-084, April 13, 2022)
Agricultural Processing
Shall mean a Secondary use to an Agricultural
Establishment - Secondary
operation on the same lot, for a facility
dedicated
to
the
transformation
of
raw
agricultural commodities, but shall not include
an Abattoir or Agricultural Alcohol Production
Facility. Agricultural Processing - Secondary
shall be limited to the processing of agricultural
commodities grown primarily as part of the farm
operation, and may include Accessory Retail.
(By-law No. 15-173, July 10, 2015)
(By-law No. 22-084, April 13, 2022)
Agricultural Processing
Shall mean the use of land, building or
Establishment - Stand Alone
structure, or portion thereof, for a stand alone
facility dedicated to the transformation of raw
agricultural commodities and may include
Accessory Retail, but shall not include an
Abattoir, Agricultural Alcohol Production Facility,
or processing of cannabis products.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-3
(By-law No. 18-266, September 12, 2018)
(By-law No. 22-084, April 13, 2022)
Agricultural Research Operation
Shall mean a Secondary use to an Agricultural
operation on the same lot for the study and
research of Agriculture.
(By-law No. 15-173, July 10, 2015)
Agricultural Storage Establishment
Shall mean the use of land, building or
structure, or portion thereof, for a stand alone
facility dedicated to the storage of agricultural
products from one or more farm operation(s).
(By-law No. 15-173, July 10, 2015)
Agriculture
Shall mean the growing of crops, including
Nursery and horticultural crops; raising of
livestock; raising, boarding and training of
horses; raising of other animals for food, fur or
fibre, including poultry and fish; aquaculture;
aquaponics; apiaries; agro-forestry; maple
syrup
production;
greenhouse
operations;
Cannabis Growing and Harvesting Facilities;
hydroponics; and other such accessory uses as
are customarily and normally associated with
agriculture, including limited value retention
uses required to make a commodity grown
primarily as part of the farm operation salable,
such as, but not limited to, grain drying,
washing, sorting, grading, treating, storing,
packing and packaging, feed mill, or grain mill,
and selling of agricultural products primarily
grown as part of the farm operation, and
associated on-farm buildings and structures,
including one Single Detached farm dwelling
and a Farm Labour Residence.
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
Agritourism
Shall mean a Secondary Use to an Agricultural
operation on the same lot that provides
educational
and
active
opportunities
to
experience the agricultural way of life in Rural
Hamilton. Such activities may include, for
example, farm machinery and equipment
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-4
exhibitions, farm-tours, petting zoos, corn
mazes, hay rides, sleigh rides, processing
demonstrations,
pick
your
own
produce/products, farm theme playground for
children, and educational facilities that focus on
farming instruction, and which may include
accessory retail, but shall not include a Farm
Labour Residence, Restaurant or Conference or
Convention Centre.
(By-law No. 15-173, July 10, 2015)
(By-law No. 24-137, July 12, 2024)
Airport
Shall mean the use of an area of land or water,
for the arrival, departure, movement or servicing
of aircraft, for which an airport license has been
issued and includes uses directly related to
airport operations.
(By-law No. 15-236, October 14, 2015)
Airport Waste Processing Facility Shall mean the use of land, building or
structure, or part thereof, for the sorting and
processing of airport waste and recyclable
materials and for which a Certificate of Approval
for such purpose under Part V of the
Environmental Protection Act is required. An
Airport Waste Processing Facilities shall include
but not be limited to: thermal treatment, blue box
recyclable recovery facilities, open-air or in-
vessel organics processing,
wood
waste
recycling and/or a co-generation energy facility,
but shall not include a Motor Vehicle Wrecking
Establishment or a Salvage Yard.
(By-law No. 10-288, October 13, 2010 - OMB approval
April 10, 2015)
Airport Waste Transfer Facility
Shall mean the use of land, building or
structure or part thereof, for the temporary
storage and collection of airport waste and for
which a Certificate of Approval for such purpose
under Part V of the Environmental Protection
Act is required. An Airport Waste Transfer
Facility may also include limited sorting of such
waste prior to its transport.
(By-law No. 10-288, October 13, 2010 - OMB approval
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-5
April 10, 2015)
Alcohol Production Facility
Shall mean the use of land, building or
structure for the production and distribution of
beer and other malt-based beverages, wine,
cider and / or spirits. An Alcohol Production
Facility may include a tasting room, tours and
limited retail sales of products developed on site
as permitted by the specific zone, but shall not
include the production of energy drinks, sports
drinks and / or soft drinks.
An Alcohol
Production
Facility
shall
not
include
an
Agricultural
Alcohol
Production
Facility,
Beverage
Making
Establishment
or
Microbrewery.
(By-law No. 18-219, August 17, 2018)
(By-law No. 22-084, April 13, 2022)
Alternative Massage
Shall
mean
the
kneading,
manipulating,
rubbing, massaging, touching, or stimulating, by
any means, of a person's body or part of a
person's body, but does not include such
services as:
i)
performed for the purpose of medical or
therapeutic treatment provided by a
person
otherwise
duly
qualified,
licensed or registered so to do under the
laws of the Province of Ontario; or
ii)
appealing to or designed to appeal to
erotic or sexual appetites or inclinations
including but not limited to such services
advertised by any means as "sensual",
"sexy" or by any other word or any
depiction
having
like
meaning
or
implication.
(By-law No. 10-076, April 14, 2010)
Alternative Massage Establishment Shall mean any premises or part there of
where an alternative massage is performed,
offered or solicited in pursuance of a business.
(By-law No. 10-076, April 14, 2010)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-6
Amenity Area
Shall mean the area of a lot intended for
recreational purposes, and shall include areas
that are landscaped, patios, privacy areas,
balconies, communal lounges, swimming pools,
play areas and similar uses, located on the
same lot, but shall not include a building's
service areas, parking lots, aisles or access
driveways, or Planting Strip.
(By-law No. 17-240, November 8, 2017)
Amusement Arcade
Shall mean an establishment containing more
than
three
pinball
machines,
or
other
mechanical game machines, or electronic game
machines provided for public amusement.
Animal Shelter
Shall mean the use of land, building, structure or
part thereof for emergency accommodation of
animals.
(By-law No. 11-276, November 16, 2011)
Artist Studio
Shall mean a workplace of an artist and shall
include but not limited to a painter, sculptor or
photographer.
(By-law No. 17-220, October 25, 2017)
Basement
Shall mean that portion of a building which is
partially below grade but which has more than
one half of its height, from the floor to the
underside of the finished ceiling located above
grade.
Bed and Breakfast Establishment Shall mean an establishment operated as an
accessory use to a detached or semi-detached
dwelling unit where guestrooms are made
available for the temporary accommodation of
the travelling public and where meals may be
offered to the occupants of the guestrooms.
Beverage Making Establishment Shall mean a commercial establishment where
individuals produce beverages for personal use
and consumption off the premises.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-7
Biotechnological Establishment Shall mean an establishment used for the
research,
development,
application,
prototypical manufacturing and production of
bio-organisms, which may or may not be used
in a manufacturing process, and shall in no way
be
construed
to
be
the
slaughtering,
eviscerating, rendering, or cleaning of meat,
poultry, or fish or by-products thereof, or animal
husbandry, or the raising of animals.
(By-law No. 07-043, February 15, 2007)
Body Rub
Shall
mean
the
kneading,
manipulating,
rubbing, massaging, touching, or stimulating, by
any means, of a person's body or part of a
person's body appealing to or designed to
appeal to erotic or sexual appetites or
inclinations including but not limited to a body
rub advertised by any means as "sensual",
"sexy" or by any other word or any depiction
having like meaning or implication, and does not
include a body rub performed for the purpose of
medical or therapeutic treatment provided by a
person otherwise duly qualified, licensed or
registered so to do under the laws of the
Province of Ontario.
(By-law No. 10-076, April 14, 2010)
Body Rub Establishment
Shall mean any premises or part thereof where
a body rub is performed, offered or solicited in
pursuance of a business but shall not include an
Alternative Message Establishment medical or
therapeutic treatment given by a person
otherwise duly qualified, licenced or registered.
(By-law No. 10-076, April 14, 2010)
Building
Shall mean a structure, whether permanent or
temporary, with walls or a roof or part thereof,
used or intended to be used for shelter,
accommodation or enclosure of persons,
animals, goods or chattels. For the purposes of
this By-law, a shipping storage container shall
be construed to be a building when located on a
lot.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-8
Building Code Act
Shall mean the Building Code Act, 1992, S.O.
1992, c.23, or any amendments thereto.
Building Base
Shall mean the maximum vertical distance
measured between the base of the façade at
finished grade level to the first required
stepback.
(By-law No.18-114, May 9, 2018)
Building Height
Shall mean the vertical distance from grade to
the uppermost point of the building but not
including any mechanical penthouse or any
portion of a building designed, adapted or used
for such features as a chimney, smokestack, fire
wall, stair tower, fire tower, water tower, tank,
elevator bulkhead, ventilator, skylight, cooling
tower, derrick, conveyor, antenna, or any such
requisite appurtenance, or a flagpole, display
sign, ornamental figure, parapet, bell tower or
other similar structure. Provided, however,
where this By-law requires building height to be
calculated to determine a minimum rear yard or
a minimum side yard requirement, building
height shall mean the vertical distance between
the lowest finished grade elevation along the lot
line related to such required yard at that point
closest to the building and the horizontal
extension of the uppermost point of the building.
(By-law No. 07-101, March 28, 2007)
(By-law No. 14-238, September 10, 2014)
Building or Contracting Supply
Establishment
Shall mean the use of land, building or
structure, or part thereof, in which building,
construction or home improvement materials
are warehoused and which may include
accessory retail.
(By-law No. 10-128, May 26, 2010)
Building and Lumber
Shall mean the use of land, building or
Supply Establishment
structure, or part thereof, for a retail store and
any
associated
outdoor
storage
which
predominantly sells lumber and a wide range of
building and home construction materials along
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-9
with ancillary sales of construction tools,
gardening products, and home design products.
(By-law No. 10-128, May 26, 2010),
(By-law No. 11-276, November 16, 2011)
(By-law No. 17-240, November 8, 2017)
Bulk Fuel and Oil Storage
Shall mean the use of land, building or
Establishment
structure, or part thereof, for the bulk storage or
wholesale distribution of gasoline, oil, petroleum
products or other flammable liquids, but shall
not include a Motor Vehicle Service Station or a
Motor Vehicle Gas Bar.
(By-law No. 10-128, May 26, 2010)
Cannabis Growing
Shall mean a wholly enclosed building or
and Harvesting Facility
structure used for growing, harvesting, testing,
destroying,
packaging
and
shipping
of
cannabis, for a facility where a licence, permit or
authorization has been issued under applicable
federal law.
(By-law No. 14-163, June 25, 2014)
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
Casino
Shall mean a building or structure, or part
thereof, in which any activity or game of chance
or skill for money as approved by the Province
of Ontario or other designated approval
authority,
and
may
include
accessory
restaurants and offices, and shall not include
Adult Entertainment Parlour, bingo hall, or
Commercial Entertainment.
(By-law No. 17-240, November 8, 2017)
Catering Service
Shall mean a use where food and beverages are
prepared for consumption off-site, but are not
served on the premises or for immediate take-
out consumption.
Cellar
Shall mean that portion of a building which is
partly below grade but which has one half or less
of its height, from the underside of the finished
ceiling, above grade.
Cemetery
Shall mean land used for the internment of
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-10
human remains and may include a mausoleum,
columbarium, crematorium or structure
intended for or used in the internment of human
remains.
(By-law No. 06-166, June 14, 2006)
Child Care Centre
Shall mean a facility under the Child Care and
Early Years Act, as amended, for the purpose
of providing temporary care of children for a
continuous period not exceeding twenty-four
hours, but shall not include Home Child Care.
(By-law No. 25-155, August 06, 2025)
City
Shall mean the City of Hamilton.
Commercial Entertainment
Shall mean a use of an establishment for the
general purpose of providing entertainment or
amusement for a fee and shall include, for
example, but not be limited to cinemas,
circuses, bingo halls, dance club, cultural
events,
and
escape
rooms.
Commercial
Entertainment may include reception centres
but shall not include an Amusement Arcade,
Adult Entertainment Parlour, or Casino.
(By-law No. 06-324, October 25, 2006)
(By-law No. 16-265, October 12, 2016)
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
Commercial Motor Vehicle Sales, Shall mean the use of land, building or
Rental and Service Establishment structure, or part thereof, where commercial
motor vehicles or parts for such vehicles are
stored and displayed for the purpose of sale,
lease, rental or repair.
(By-law No. 10-128, May 26, 2010)
Commercial Parking Facility
Shall mean all or part of a parcel of land or
building, other than a street or laneway, used for
the parking of motor vehicles for compensation,
but shall not include any parking spaces
provided in the minimum or maximum quantity
required by this By-law for a permitted use.
(By-law No. 18-219, August 17, 2018)
Commercial Recreation
Shall mean the use of an establishment, for a
fee, for the provision of athletic and amusement
facilities involving the active participation of the
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-11
user-public in a sports- related activity and shall
include but not be limited to such facilities as
indoor and outdoor racquet courts, fitness clubs,
billiard parlour, bowling alley, golf course,
driving range,
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-12
skating or curling surfaces, riding stables, water
sports, go-kart track or amusement parks, but
shall not include an amusement arcade.
(By-law No. 17-240, November 8, 2017)
Commercial School
Shall mean
a)
an establishment used for the study or
instruction of a performing or visual art,
such as but not limited to, dancing,
singing, acting or modelling and which is
operated on a financial profit basis; and,
b)
a school where academic, vocational or
technical subjects are taught and which is
operated on a financial profit basis.
But
shall
not
include
an
Educational
Establishment.
(By-law No. 17-220, October 25, 2017)
(By-law No. 23-079, May 10, 2023)
Communications Establishment Shall mean the use of land, building or
structure, or part thereof, for the broadcasting
and production of information through various
media, and shall include but not be limited to
print, television, radio and electronic media and
which may include facilities for the printing or
broadcasting of information but shall not include
a call centre.
(By-law No. 07-043, February 15, 2007)
(By-law No. 10-128, May 26, 2010)
Community Garden
Shall mean land used for the growing and
harvesting of plants, vegetables or fruits and
provided the crops are for the sole use, donation
or consumption by the individual or individuals
growing or working the community garden. It
shall not be considered as landscaped area,
landscape open space, landscaped strip or
landscaping.
(By-law No. 14-273, September 24, 2014)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-13
Computer, Electronic and Data
Processing Establishment
Shall mean the use of land, building or
structure, or part thereof, for the research,
development, input, prototypical manufacturing,
processing and printing of data and which may
include
the
design,
manufacturing
and
warehousing
of
electronic
equipment
or
software.
(By-law No. 07-043, February 15, 2007)
(By-law No. 10-128, May 26, 2010)
(By-law No. 11-276, November 16, 2011)
Condominium Act
Shall mean the Condominium Act, S.O. 1998,
Chapter 19, and any amendments thereto.
Conference or Convention Centre Shall mean an establishment, which is not a
hotel, where facilities are provided for meetings,
seminars, workshops, social gatherings cultural
events and other similar activities including an
Exhibition Facility, circus, and public hall. A
Conference or Convention Centre may include
dining facilities for the exclusive use of
conference or convention participants, and the
selling of goods related to the event.
(By-law No. 06-324, October 25, 2006)
(By-law No. 17-220, October 25, 2017)
(By-law No. 19-062, March 27, 2019)
Conservation
Shall mean the use of land, buildings or
structures for the purpose of the protection and
management of the natural environment.
(By-law No. 06-166, June 14, 2006)
Contractor's Establishment
Shall mean the use of land, building, structure
or part thereof, by a contractor, for the storage
and maintenance of equipment used by the
contractor, but shall not include a Salvage Yard.
(By-law No. 10-128, May 26, 2010)
Correction Facility
Shall mean a facility used as a secure facility for
people who are on remand, serving a sentence
or awaiting transfer to another correctional
facility and which facility is owned, operated,
funded or supervised by the Province of Ontario
or the Federal Government, but shall not include
a corrections residence.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-14
Corrections Residence
Shall mean a group living arrangement in a
secure facility, for people who have been placed
on probation, who have been released on
parole, or who are admitted to the facility for
correctional or rehabilitation purposes, and live
together with the requirements of its residents
and accepted standards for secure detention. A
corrections residence is licensed, funded,
approved or has a contract or agreement with
the Province of Ontario or Federal Government,
but shall not include a correctional facility,
emergency shelter, or a residential care facility.
Craftsperson Shop
Shall mean an establishment used for the
creation,
finishing,
refinishing
or
similar
production
of
custom
or
hand-made
commodities, together with the retailing of such
commodities.
Daylight Triangle
Shall mean a triangular area formed within a
corner lot by the intersecting street lines or the
projections thereof and a straight line
connecting them from their point of intersection.
Deck
Shall mean a structure accessory to a building
with or without roof or walls, which may include
visual partitions and railings, and is constructed
on piers or a foundation at a minimum of 0.15
metres above-grade.
(By-law No. 14-238, September 10, 2014)
Demolition
Any act or process which destroys in part or on
whole any building or structure or any act or
process which threatens to destroy a Cultural
Heritage Resource by failure to maintain it in a
condition of good repair and maintenance.
By-law No.18-114, May 9, 2018)
Development
A change in the use of any land, building, or
structure for any purpose, and shall include the
carrying out of any building, engineering
construction or other operation in, on, over or
under land, or the construction, addition or
alteration of any building or structure.
(By-law No.18-114, May 9, 2018)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-15
Ditch
Shall mean a small to moderate excavation
created to channel water.
(By-law No. 21-071, May 12, 2021)
Drive-Through Facility
Shall mean a facility that is designed to allow
drivers to remain in their vehicles before and
during an activity on the site, and may include
drive-in or drive-through restaurants, retail and
service uses, but shall not include a Motor
Vehicle Washing Establishment and a Motor
Vehicle Service Station.
(By-law No. 11-276, November 16, 2011)
(By-law No. 17-240, November 8, 2017)
Dry Cleaning Plant
Shall mean a building where dry cleaning, dry
dyeing, washing or pressing of articles of
clothing is conducted.
Dwelling
Shall mean a building used or intended to be
used for human habitation but shall not include
a recreational vehicle or tent, or Farm Labour
Residence.
(By-law No. 15-173, July 10, 2015)
Dwelling Unit - shall mean a room or suite of
rooms used or intended to be used by one or
more persons living together as one household,
in which cooking and sanitary facilities are
provided for the exclusive use of the household,
and to which an independent entrance is
provided from outside the building or from a
common interior hallway, vestibule or stairway.
(By-law No. 18-219, August 17, 2018)
Duplex Dwelling - shall mean a building
containing two dwelling units, but shall not
include a semi-detached dwelling.
Fourplex Dwelling - shall mean a building
containing four dwelling units with at least one
dwelling unit entirely or partially above another
dwelling unit but shall not include a street
townhouse dwelling.
(By-law No. 24-051, April 10, 2024)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 3: DEFINITIONS
May 12, 2021
3-16
Multiple Dwelling - shall mean a building or
part thereof containing five or more dwelling
units but shall not include a street townhouse
dwelling.
(By-law No. 24-051, April 10, 2024)
Multiple Dwelling Townhouse - shall mean:
i) one separate building containing five or more
dwelling units; or,
ii) two or more separate buildings containing
three or more dwelling units each which form
one
comprehensive
development
containing a total of five or more dwelling
units;
And,
i) Dwelling units are divided by common walls
preventing internal access between units;
ii) Each dwelling units has at least one
exclusive exterior pedestrian access;
iii) Dwelling Units within a Multiple Dwelling
Townhouse may have shared amenity
area(s), parking area(s), and common
vehicular access to a street, such as a
condominium road.
iv) A Multiple Dwelling Townhouse shall include
a block townhouse, a stacked townhouse, a
back-to-back townhouse, a stacked back-to-
back townhouse, a maisonette, and a
townhouse
development
comprising
townhouse units on parcels of tied land,
except as restricted in this By-law.
(By-law No. 25-075, April 16, 2025)
Semi-Detached Dwelling - shall mean a
building divided vertically into two dwelling units,
by a common wall which prevents internal
access between semi-detached dwelling units
THE CITY OF HAMILTON
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SECTION 3: DEFINITIONS
May 12, 2021
3-17
and extends from the base of the foundation to
the roof line and for a horizontal distance of not
less than 35% of the horizontal depth of the
building. Each semi-detached dwelling unit shall
be designed to be located on a separate lot
having access to and frontage on a street.
Single Detached Dwelling - shall mean a
separate building containing one Dwelling Unit.
(By-law No. 25-155, August 06, 2025)
Street Townhouse Dwelling - shall mean a
building divided vertically into three or more
dwelling units, by common walls which prevent
internal access between units and extend from
the base of the foundation to the roof line and
for a horizontal distance of not less than 35
percent of the horizontal depth of the building
but shall not include a Multiple Dwelling
Townhouse. Each townhouse shall be designed
to be on a separate lot having direct access to
and frontage on a street.
(By-law No. 11-276, November 16, 2011)
(By-law No. 25-075, April 16, 2025)
Triplex Dwelling - shall mean a building
containing three dwelling units with at least one
dwelling unit entirely or partially above another
dwelling unit but shall not include a street
townhouse dwelling.
(By-law No. 24-051, April 10, 2024)
Dwelling Unit, Mixed Use
Shall mean a room or suite of rooms used or
intended to be used by one or more persons
living together as one household, in which
cooking and sanitary facilities are provided for
the exclusive use of the household, and to
which an independent entrance is provided from
outside the building or from a common interior
hallway, vestibule, or stairway and shall be
located in the same building as a non-residential
use permitted in the zone.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(By-law No. 21-189, October 13, 2021)
(By-law No. 25-155, August 06, 2025)
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Education Act
Shall mean the Education Act, R.S.O. 1990,
c.E.2 and any amendments thereto.
Educational Establishment
Shall mean a Provincially approved institution
for academic instruction and shall include a
public, private or separate school, college or
university.
Emergency Shelter
Shall mean a fully detached building used for
persons in a crisis situation requiring shelter,
protection,
assistance and counselling or
support which is intended to be short term
accommodation of a transient nature. An
Emergency Shelter may include an "out of the
cold" program but shall not include a residential
care facility, a lodging house, a corrections
residence, a correctional facility, or any other
residential facility which is licensed, approved
or regulated under any general or special Act.
(By-law No. 19-062, March 27, 2019)
Equipment and Machinery Sales, Shall mean the use of land, building or
Rental and Service Establishment structure, or part thereof, for the display, sale,
lease, rental or repair of commercial, industrial,
farm or agricultural equipment and machinery
and which may include facilities for the storage
and sale of parts accessory to such equipment
and machinery, together with the repair, painting
and service of such equipment and machinery.
(By-law No. 10-128, May 26, 2010)
Erect
Shall mean, with reference to a building or
structure,
to
build,
construct,
enlarge,
reconstruct or alter, and shall include the moving
of a building or structure from one location to
another; and "erected" and "erection" shall have
the same corresponding meaning.
Exhibition Facility
Shall mean a place which is used to house an
exhibition, operated over the duration of four
consecutive weeks or less and limited to only
those exhibitors registered with the organization
holding the exhibition. The retailing of goods,
materials or services, including motor vehicles
and major recreational equipment, associated
with the exhibition may be permitted in such a
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facility
subject
to
municipal
licensing
requirements where applicable.
(By-law No. 11-276, November 16, 2011)
Existing
Shall mean legally established on the effective
date of this By-law or applicable amendments
thereto.
Façade
Shall mean a building wall or series of building
walls facing a street.
Façade Height
Shall mean the vertical distance between the
base of the façade at finished grade level and
the lowest point of the top of the façade.
Farm Implement Dealership
Shall mean the use of land, building, or
structure, or part thereof, where new and/or
used equipment or machinery designed and
used for agricultural or horticultural uses,
including machinery attachments and parts are
stored and displayed for the purpose of sale,
rental or leasing and may include a building for
the storage and sale of machinery attachments
and parts, and lubricants for the equipment and
machinery. The use shall also be prescribed
under the Farm Implements Act.
(By-law No. 19-062, March 27, 2019)
Farm Labour Residence
Shall mean accommodation for full-time farm
labour where the size and nature of the farm
operation requires additional employment.
(By-law No. 15-173, July 10, 2015 (deleted))
(By-law No. 21-071, May 12, 2021)
Farm Produce/Product
Shall mean a building or structure used for the
Stand (Urban)
sale of fresh fruit, vegetables, and edible plants
which are grown on an urban farm on a
seasonal basis. Products derived from the
urban farm produce may also be sold.
(By-law No. 14-273, September 24, 2014)
Farm Produce/Product
Shall mean a building or structure where fresh
Stand (Rural)
fruit and vegetables, flowers and plants grown
and other products derived from the Agricultural
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operation on the same property are offered for
sale on a seasonal basis.
(By-law No. 15-173, July 10, 2015)
Farm Product Supply Dealer
Shall mean the use of land, building or
structure, or part thereof, for the sale and/or
storage of seeds, fertilizers, farm equipment or
other goods or materials used in agriculture.
(By-law No. 10-128, May 26, 2010)
Financial Establishment
Shall mean a use where money is deposited,
kept, lent and exchanged, and shall include but
not be limited to banks, credit unions, trust
companies or other similar banking services.
Floor Area Ratio
Shall mean the figure obtained when the gross
floor area on a lot is divided by the lot area.
Funeral Home
Shall mean a building or structure or part
thereof, used for the purpose of furnishing
funeral supplies and services to the public and
includes facilities intended for the preparation of
corpses for internment or cremation, and may
include a chapel and a crematorium.
(By-law No. 17-240, November 8, 2017)
Garden Centre
Shall mean the use of land, building or structure,
or part thereof, for the display and sale of plants,
gardening and landscaping supplies and
equipment.
(By-law No. 10-128, May 26, 2010)
Golf Course
Shall mean the use of land for the purpose of
playing golf and may include such buildings and
structures necessary for the operation and
maintenance of the golf courses well as
Accessory uses such as a club house,
restaurant and a dwelling for maintenance
and/or security purposes.
(By-law No. 15-173, July 10, 2015)
Grade
Shall mean the average level of the proposed or
finished ground adjoining a building calculated
along the perimeter of all exterior walls.
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Greenhouse
Shall mean a building or structure used for the
growing of agricultural product that is climatically
controlled and made primarily of translucent
building material.
(By-law No. 18-219, August 17, 2018)
Green Roof
A treatment to a rooftop that supports living
vegetation and includes a synthetic, high quality
waterproof membrane, drainage layer, root
barrier, soil layer, and vegetation layer.
(By-law No. 18-114, May 9, 2018)
Gross Floor Area
Shall mean the aggregate horizontal area
measured from the exterior faces of the exterior
walls of all floors of a building (excluding any
cellar or floor area having a ceiling height of 2.0
metres or less or devoted exclusively to parking)
within all buildings on a lot but shall not include
any area devoted to mechanical equipment.
(By-law No. 11-276, November 16, 2011)
Habitable Room
Shall mean any room used for living, eating or
sleeping, but does not include a bathroom,
laundry, corridor, cellar or other space not used
frequently or for extended periods.
Hazardous Waste
Shall mean a Waste Transfer Facility, a Waste
Management Facility
Processing Facility or a Waste Disposal Facility
that handles Hazardous Waste and for which
an Environmental Compliance Approval for
such purpose under Part V of the Environmental
Protection Act is required. A Hazardous Waste
Management Facility may also include the
storage,
transfer
or
processing
of
non-
hazardous waste.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
Hazardous Waste
Shall mean materials that are defined as
Hazardous Waste under Ontario Regulation 347
to the Environmental Protection Act.
(By-law No. 10-128, May 26, 2010)
Health Professional
Shall mean an individual who practices any of
the health disciplines regulated
under a
Provincial Act, such as, but not limited to,
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physicians, dentists, optometrists, pharmacists,
physiotherapists,
chiropractors
and
psychologists, and disciplines not regulated
under a Provincial Act such as an Osteopath.
(By-law No. 19-062, March 27, 2019)
Highway Traffic Act
Shall mean the Highway Traffic Act, R.S.O.
1990, c. H.8 or any amendments thereto.
Home Business
Shall mean a use conducted as a business in a
dwelling unit which is secondary to the use of
the dwelling unit as a private residence.
Home Child Care
Shall mean a portion of a Dwelling used for the
purpose of providing temporary care to children
for a continuous period not exceeding twenty-
four hours that:
i) is licensed in accordance with the
requirements of the Child Care and Early
Years Act, as amended; or,
ii) is not licensed under the Child Care and
Early Years Act, as amended, and the
number of children does not exceed five.
(By-law No. 25-155, August 06, 2025)
Home Furnishing
Shall mean the use of land, building or
Retail Establishment
Structure, or part thereof, for the sale or rental
of home furnishings and related supplies,
materials or fixtures.
(By-law No. 10-128, May 26, 2010)
Home Improvement Supply
Shall mean a retail store predominantly selling
Establishment
a focused range of building supplies including,
but not limited to paints, carpets, tiles, bathroom
fixtures, lighting fixtures, and similar
products.
(By-law No. 17-240, November 8, 2017)
Home Industry
Shall mean a Secondary use to an Agricultural
operation on the same lot, which is limited to a
use directly related to Agriculture such as the
repair
of
agricultural
equipment,
or
a
Craftsperson Shop, Tradespersons Shop, or
artisans studio, together with the retailing of
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commodities produced, but shall not include a
Motor Vehicle Collision Repair Establishment,
Motor Vehicle Service Station, Motor Vehicle
Wrecking
Establishment,
or
Contractor's
Establishment.
(By-law No. 15-173, July 10, 2015)
Hotel
Shall mean a commercial establishment used
for temporary rental sleeping accommodation
for travellers and which may offer other facilities
such as personal service establishments,
restaurants,
retail
stores,
conference
or
convention
facilities,
exhibition
facilities,
commercial
entertainment
or
commercial
recreation, but shall not include a Casino, and
for the purposes of this By-law a motel, motor
hotel or an apartment hotel shall be deemed to
be a "hotel".
(By-law No. 17-240, November 8, 2017)
Household
Shall mean one or more persons living together
as a single, non-profit housekeeping unit,
sharing all areas of the dwelling unit and may, in
addition, be designed to accommodate lodging
units containing less than four residents.
Industrial Administrative Office
Shall mean an office for the management of
administration
of
Manufacturing
establishments.
(By-law No. 10-128, May 26, 2010)
Kennel
Shall mean the use of land, building or structure,
or part thereof, for the breeding, raising, training,
sheltering or boarding of dogs, cats and other
domestic animals, but shall not include
Veterinary Service and Veterinary
Service - Farm Animal, or the keeping of farm
animals as part of an Agricultural operation.
(By-law No. 15-173, July 10, 2015)
Laboratory
Shall mean a building or part thereof, used for
scientific
or
technical
research,
testing,
evaluation or redevelopment.
(By-law No. 16-265, October 12, 2016)
Labour Association Hall
Shall mean the use of land, building, or
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structure, or part thereof, as a meeting place by
labour or trade unions and which is operated for
the exclusive use of members and their guests
and is not open to the general public on an equal
basis, and which may include but not be limited
to administrative offices, training facilities and
meeting rooms. A Labour Association Hall may
also include a Trade School.
(By-law No. 10-128, May 26, 2010)
Landscaped Area
Shall mean any portion of a lot which:
a)
Contains no building thereon;
b)
Is not used for parking, access to
parking, driveways or loading space;
c)
Is used for the purpose of landscaping;
and,
d)
Landscaped areas may include bell
pedestals and light standards but shall
not include courier or mail boxes.
(By-law No. 11-276, November 16, 2011)
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
Landscaped Parking Islands
Shall mean a curbed portion of land for the
growing of ornamental shrubs or trees, flowers,
grass, and other vegetation, suitable to the soil
and climatic conditions of the area of land for
the purpose of landscaping within a parking lot,
and shall include walkways, fire hydrants,
decorative
walls,
or
features,
and
light
standards, and shall not form part of a Planting
Strip or Landscaped Area.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
Landscaping
Shall mean outdoor space for use, enjoyment
and recreation and shall include natural
vegetation areas and constructed areas such as
patios, decks, playgrounds, pathways, outdoor
recreational amenities, fencing, decorative
architectural features and retaining walls.
(By-law No. 11-276, November 16, 2011)
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Landscape Contracting
Shall mean the use of land, building or
Establishment
structure, or part thereof, where soil, mulch,
rock, screening and other similar landscape
materials are stored and offered for sale on a
wholesale basis and which may include but not
be limited to the storage of related equipment.
Accessory snow removal equipment shall also
be permitted.
(By-law No. 10-128, May 26, 2010)
Landscape Contracting
Shall mean a Secondary use to a Nursery
Establishment - Secondary
operation on the same lot, which is limited to
storage of soil, composted materials and other
soil amendments, mulch, rock, screening and
other similar landscape materials; landscape
design
services
and
off-site
landscape
installation services; storage of landscaping and
horticultural
maintenance
equipment;
composting and mixing of soil and soil
amendments; and Accessory storage of snow
removal equipment.
(By-law No. 15-173, July 10, 2015)
Laneway
Shall mean a public highway or road allowance
having a width of less than 12.0 metres.
Liquor Licence Act
Shall mean the Liquor Licence Act, R.S.O.1990
c. L.19 and any amendments thereto.
Livestock Assembly Point
Shall mean feedlots, livestock auction markets,
livestock assembly pens, stockyards, dealers in
livestock, cooperative or buying stations,
livestock shows, or other places where livestock
is assembled for the purposes of sale, show,
exchange, breeding, barter, or transportation,
and where the assembled livestock has more
than one owner, but shall not include Retail pet
stores. The assembly point may handle one or
more species of livestock.
(By-law No. 15-173, July 10, 2015)
Local Agricultural Products
Shall be defined as fruits, vegetables, grains,
seeds, flowers, herbs, dairy, fish, meat and
poultry, maple, or honey bee products that have
been grown or produced as part of Ontario farm
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May 12, 2021
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operations.
(By-law No. 15-107, April 22, 2015)
Lodging House
Shall mean a dwelling containing one or more
lodging units designed to accommodate four or
more residents. The residents may share
common areas of the dwelling other than the
lodging units, and do not appear to function as
a household. This shall not include a long term
care facility, hospital, hotel or any residential
care facility licensed; approved or supervised
under any general or specific Act. This shall
include but not be limited to, student residences
and convents.
Lodging Unit
Shall mean a room or set of rooms located in a
lodging house designed or intended to be used
for sleeping and living accommodation, which:
a)
Is designed for the exclusive use of the
resident or residents of the unit;
b)
Is not normally accessible to persons
other than the resident or residents of
the unit; and,
c)
May contain either a bathroom or full
kitchen but does not contain both for the
exclusive use of the resident or
residents of the unit.
Long Term Care Act
Shall mean the Long Term Care Act, 1994,
S.O. 1994, c. 26 and any amendments thereto.
Long-Term Care Facility
Shall mean an institutional care facility as
licensed under the Long Term Care Act.
Lot
Shall mean a parcel of land which can be legally
conveyed pursuant to the provisions of the
Planning Act, except in relation to a Multiple
Dwelling Townhouse comprising townhouse
units on parcels of tied land, where, in such
case, lot shall mean the cumulative parcels of
land comprising the parcels of tied land and
common element condominium lands tied
thereto.
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May 12, 2021
3-27
Corner Lot - shall mean,
a)
A lot situated at the intersection of two or
more streets or a lot abutting on one or
more parts of the same street where
such intersections have an angle of
intersection of 135 degrees or less; or,
b)
A lot located on the curve of a street
where the angle of intersection of the
projected tangents of the street line does
not exceed 135 degrees.
Interior Lot - shall mean a lot with frontage on
a street excluding a corner lot.
Through Lot - shall mean an interior lot
having frontage on two streets.
(By-law No. 25-075, April 16, 2025)
Lot Area
Shall mean the total horizontal area within the
lot lines of a lot.
Lot Coverage
Shall mean the percentage of the lot covered
by all buildings, but shall not include swimming
pools and decks.
Lot Line
Shall mean the boundary of a lot including the
vertical projection thereof.
Flankage Lot Line - shall mean a lot line other
than a front lot line that abuts a street.
Front Lot Line - shall mean any lot line
abutting a street, and:
a)
With reference to a corner lot, shall
mean the shorter of the lot lines abutting
the streets, except where both lot lines
are of equal length, at the option of the
owner, either of the lot lines abutting a
public street may be considered as the
front lot line;
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May 12, 2021
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b)
With reference to a through lot, shall
mean, at the option of the owner, either
of the lot lines abutting a public street; or,
c)
With reference to an interior lot with
multiple lot lines abutting a street, shall
mean the shorter of the lot lines abutting
the street.
(By-law No. 14-238, September 10, 2014)
(By-law No. 18-219, August 17, 2018)
Rear Lot Line - shall mean the lot line farthest
and opposite to the front lot line and whereas in
the case of a triangular shaped lot, the rear lot
line will be the intersection point of the side lot
lines.
Side Lot Line - shall mean any lot line other
than a front or rear lot line. The Hypotenuse of
a Daylight Triangle shall also be a side lot line.
(By-law No. 10-128, May 26, 2010)
Lot Width
Shall mean the horizontal distance between the
side lot lines of a lot measured at the required
front yard. Provided, however, that in the case
of a lot which has a required front yard of less
than 6.0 metres, the lot width shall be measured
at the 6.0 metre front yard distance.
Provided, however, where a corner lot has a
partially curved street line, the lot width shall be
measured between the point of the connections
of the projections of the street lines a distance
of 6.0 metres back from the front lot line along
the side lot line.
Major Recreational Equipment
Shall mean either a portable structure designed
and built to be carried by a motor vehicle, or a
unit designed and built to be transported on its
own
wheels,
for
purposes
of
providing
temporary living accommodation or recreational
enjoyment for travel, and shall include, for
example, motor homes, travel trailers, tent
trailers, boats, boat trailers, motorized snow
vehicles or other like or similar equipment,
excluding bicycles.
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Major Recreational
Equipment Sales, Rental
and Service Establishment
Shall mean the use of land, building or
structure, or part thereof, for the display and
retail sale of travel trailers, recreational vehicles
and boats and which may include but not be
limited to the servicing, repair, cleaning,
painting, polishing and greasing of such
vehicles, trailers and boats and the sale of
accessories and related products and the
leasing or renting of such vehicles, but shall not
include a Motor Vehicle Dealership.
(By-law No. 10-128, May 26, 2010)
(By-law No. 22-084, April 13, 2022)
(By-law No. 24-137, July 12, 2024)
Manufacturing
Shall
mean
the
production,
fabrication,
compounding, processing, packaging, crafting,
bottling, packing, recycling or assembling of raw
or semi-processed or fully-processed goods or
materials, and shall include but not be limited to
a Biotechnological Establishment, Computer,
Electronic and Data Processing Establishment,
Dry
Cleaning
Plant,
Pharmaceutical
and
Medical Establishment, Printing Establishment
and/or
a
Science
and
Technology
Establishment. Manufacturing may also include
a Private Power Generation Facility as an
accessory use, but shall not include a Waste
Management Facility or Alcohol Production
Facility.
(By-law No. 10-128, May 26, 2010)
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
(By-law No. 21-189, October 13, 2021)
Marina
Shall mean a commercial establishment or
premises, containing docking or mooring
facilities where recreational boats or boat
accessories are berthed, stored, serviced,
repaired, constructed or kept for sale or lease
and where facilities for the sale of marine fuels
or lubricants, ancillary retail sales, ancillary
restaurants and taxi and/or barging service may
also be provided, but shall not include Marine
Service.
(By-law No. 06-166, June 14, 2006)
(By-law No. 18-092, April 11, 2018)
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Marine Service
Shall mean an establishment or premises used
for the purpose of commercial marine shipping
activities, and shall include, but not limited to,
the embarking and disembarking of cruise ship
passengers, the towing, piloting and inspecting
of marine vessels, marine cargo and freight
handling, marine salvage and marine vessel
recovery, marine shipping agency, and boat and
ship building and repairs, but shall not include a
Marina.
(By-law No. 18-092, April 11, 2018)
Medical Clinic
Shall mean a building, or part thereof, which is
used by health professionals for the purpose of
consultation, diagnosis and/or treatment of
persons and shall include but not be limited to
laboratories, dispensaries or other similar
facilities, and may include overnight
accommodation.
(By-law No. 07-043, February 15, 2007)
(By-law No. 11-276, November 16, 2011)
(By-law No. 24-137, July 12, 2024)
Microbrewery
Shall mean a facility used for the manufacture
and retail sale of beer, cider, wine or spirits,
produced exclusively for consumption on or off
site and may operate in combination with a
restaurant.
(By-law No. 16-265, October 12, 2016)
Mineral Aggregate Resources
Shall mean gravel, sand, clay, earth, shale,
stone, limestone, dolostone, sandstone, marble,
granite, rock or other material prescribed under
the Aggregate Resources Act suitable for
construction, industrial, manufacturing and
maintenance purposes but does not include
metallic ores, asbestos, graphite, kyanite, mica,
nepheline syenite, salt, talc, wollastonite, mine
tailings or other material prescribed under the
Mining Act.
(By-law No. 15-173, July 10, 2015)
Mineral Aggregate Operation
Shall mean:
a)
Lands under license or permit, other than
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for wayside pits and quarries, issued in
accordance with the Aggregate Resources
Act, or successors thereto;
b)
For lands not designated under the
Aggregate Resources Act, established pits
and quarries that are not in contravention
of municipal zoning by-laws and including
adjacent land under agreement with or
owned by the operator,
to
permit
the
continuation
of
the
operation; and,
c)
Associated facilities used in extraction,
transport, beneficiation, processing or
recycling of Mineral Aggregate Resources,
including concrete and asphalt recycling,
and shall include a concrete batch plant,
but shall not include an asphalt plant or the
production of secondary related products.
(By-law No. 15-173, July 10, 2015)
Mobile Home
Shall mean any dwelling that is designed to be
made mobile, and constructed or manufactured
to provide a permanent residence for one or
more persons, but does not include major
recreation equipment such as a travel trailer or
tent trailer.
Model Home
Shall mean a single detached dwelling, semi-
detached dwelling, multiple dwelling, street
townhouse dwelling or a block of townhouse
dwelling units used in the interim for the sole
purpose of an office and/or show room and/or
sales centre each of which shall promote the
sale of residential units within a draft approved
plan of subdivision or a registered plan of
subdivision.
(By-law No. 15-286, December 9, 2015)
Motor Vehicle
Shall mean an automobile, motorcycle, motor
assisted bicycle and any other vehicle propelled
or driven otherwise than by muscular power.
Motor Vehicle - Commercial
Shall mean a motor vehicle having attached to it
a truck or delivery body and includes an
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ambulance, a hearse, a casket wagon, a fire
apparatus, a bus, a tractor, and a tow truck used
for hauling purposes on a highway, but shall not
include:
a)
a commercial motor vehicle leased for
no longer than thirty days by an
individual for the transportation of goods
kept for that individual's personal use or
the gratuitous carriage of passengers,
b)
a commercial motor vehicle operated
under a permit and number plates that is
not transporting passengers or goods,
c)
a commercial motor vehicle operated
under the authority of an In-Transit
permit; and,
d)
a bus that is used for personal purposes
without compensation.
(By-law No. 11-276, November 16, 2011)
(By-law No. 24-052, April 10, 2024)
Motor Vehicle Collision
Shall mean the use of land, building or
Repair Establishment
structure, or part thereof, for the repair of
damage to a motor vehicle caused by collision,
accident, corrosion or age, and which may also
include the reconstruction of motor vehicles, the
painting or repainting of motor vehicles the
rebuilding or conversion of automotive engines
or engine parts and which may also include an
accessory Towing Establishment, but shall not
include a Motor Vehicle Gas Bar, Motor Vehicle
Service
Station,
Motor
Vehicle
Washing
Establishment or Motor Vehicle Wrecking
Establishment.
(By-law No. 10-128, May 26, 2010)
Motor Vehicle Dealership
Shall mean the use of land, building or
structure, or part thereof, where new and/or
used motor vehicles are stored or displayed for
the purpose of sale, rental or leasing and may
include a building for the storage and sale of
accessories and lubricants for motor vehicles
and an associated Motor Vehicle Service Station
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(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
Motor Vehicle Gas Bar
Shall mean a use on a lot, where fuel or
lubricants are offered for sale, or where electric
vehicles are charged for a fee, but where no
provision is made for the repair or maintenance
of motor vehicles and may include the sale of
foods and convenience items but shall not
include a Motor Vehicle Service Station or a
Motor Vehicle Wrecking Establishment.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-052, April 10, 2024)
Motor Vehicle Rental
Shall mean a premise where motor vehicles
Establishment
are stored and rented to the public.
Motor Vehicle Service Station
Shall mean an establishment used for the sale
of
fuel,
automotive
accessories
and/or
convenience goods, the charging of electric
vehicles for a fee, the repair or replacement of
parts in a motor vehicle and shall include but not
be limited to the repair or replacement of
mufflers, exhaust systems, shock absorbers,
transmissions,
gears,
brakes,
clutch
assemblies, steering systems, tires, wheels,
windshields, windows and other mechanical or
electrical parts or systems, the installation of
undercoating, engine tuning, lubrication and
engine conversion or replacement but shall not
include a Motor Vehicle Collision Repair
Establishment, Motor Vehicle Sales and Service
Establishment, or a Motor Vehicle Wrecking
Establishment.
(By-law No. 07-043, February 15, 2007)
(By-law No. 10-128, May 26, 2010)
(By-law No. 11-276, November 16, 2011)
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-052, April 10, 2024)
Motor Vehicle Stacking Space
Shall mean an area devoted to the waiting or
queuing of motor vehicles accessing a drive
through facility, separate from any aisle providing
access to and from any parking area. (By-law No.
10-128, May 26, 2010)
Motor Vehicle Washing
Shall mean a building or structure or part
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Establishment
thereof, used for either the mechanical or
manual cleaning or washing of motor vehicles
and shall include motor vehicle detailing.
(By-law No. 17-240, November 8, 2017)
Motor Vehicle Wrecking
Shall mean the use of land, building or
Establishment
structure, or part thereof, for the storage,
dismantling,
crushing
or
demolition
of
unlicensed,
inoperable
or
derelict
Motor
Vehicles or Commercial Motor Vehicles and
which may include the storage and sale of
salvaged material or parts obtained therefrom,
but shall not include a Motor Vehicle Collision
Repair Establishment, Motor Vehicle Service
Station, motor Vehicle Washing Establishment
or a Salvage Yard.
(By-law No. 10-128, May 26, 2010)
Municipal Act
Shall mean the Municipal Act, 2001, S.O. 2001,
c. 25 and any amendments thereto.
Nursery
Shall mean an Agricultural operation for the
growing of plants, shrubs, trees or similar
vegetation and may include Accessory retailing
of horticultural products grown on site and bulk
product such as, but not limited to, soil, mulch
and aggregate.
(By-law No. 15-173, July 10, 2015)
Office
Shall mean a building or part of a building in
which management, clerical, administrative,
consulting, advisory or training services are
offered or performed and shall include but not
be limited to an Industrial Administrative Office
and a Surveying, Engineering, Planning or
Design Business, but shall not include a Medical
Clinic.
(By-law No. 10-128, May 26, 2010)
(By-law No. 16-265, October 12, 2016)
Outdoor Commercial Patio
Shall mean any outdoor area used in
conjunction with any establishment licensed
under the Liquor Licence Act, where meals or
refreshments are served to the public for
consumption on the premises.
Parking Lot
Shall mean an area located on a lot which
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contains five or more parking spaces.
Parking Space
Shall mean an unobstructed space that is
designed to be used for the temporary parking
of a motor vehicle for other than the purpose of
sale or display.
(By-law No. 18-219, August 17, 2018)
Parking Space, Electric Vehicle
Shall mean a Parking Space equipped with
electric
vehicle
charging
equipment
which
provides, or which is capable of providing Level 2,
or greater, electric vehicle charging in accordance
with the SAE International J1722 standard, as
amended.
(By-law No. 24-052, April 10, 2024, Not Final & Binding)
Parking Space, Tandem
Shall mean one Parking Space located
immediately behind another Parking Space,
leaving one Parking Space without direct
access to an aisle or driveway.
(By-law No. 18-219, August 17, 2018)
Performing Arts Theatre
Shall mean a building or structure or part
thereof, used for the presentation of musical,
theatrical, dance, or other live performances
and may include lounges, dressing rooms,
workshop rooms, storage areas, but shall not
include a cinema.
(By-law No. 17-240, November 8, 2017)
Personal Service
Shall mean the provision of services involving
the health, beauty or grooming of a person or the
maintenance or cleaning of apparel, may
include, but shall not be limited to an Alternative
Massage Establishment, Yoga Studio, or
microblading, but shall not include a Dry
Cleaning Plant or a Body Rub Parlour.
(By- law No. 10-076, April 14, 2010)
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
(By-law No. 24-137, July 12, 2024)
Pharmaceutical and
Shall mean an establishment or part thereof,
Medical Establishment
where research, investigation, development,
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manufacturing
and/or
technical
experimentation, related to the medical field, is
carried out and shall include but not be limited
to clinical testing, prototype production facilities
and overnight patient accommodation related to
such research, clinical trials, investigation or
experimentation.
(By-law No. 07-043, February 15, 2007)
Place of Assembly
Shall mean a building or part of a building used
for social, literary, cultural, political, educational,
or recreational purposes, and may include a
banquet hall and Catering Service, but shall not
include
a
Commercial
Entertainment
establishment,
Conference
or
Convention
Centre or a Labour Association Hall.
(By-law No. 16-265, October 12, 2016)
Place of Worship
Shall mean a building used by any religious
organization for public worship or other
ecclesiastical
functions
and
may
include
accessory or ancillary uses which shall include
but not be limited to an assembly hall,
auditorium,
convent,
monastery,
rectory,
cemetery, bookstore, out of the cold program,
Child
Care
Centre
and
educational
or
recreational uses.
(By-law No. 06-324, October 25, 2006)
(By-law No. 19-062, March 27, 2019)
(By-law No. 25-155, August 06, 2025)
Planned Business Centre
Shall mean a group of business establishments
within an Industrial Zone which is planned,
developed, managed and operated as a unit
with shared on-site parking, and containing four
or more separated spaces for lease or
occupancy, but shall not be considered as a
Shopping Centre.
(By-law No. 10-128, May 26, 2010)
(By-law No. 18-219, August 17, 2018)
Planning Act
Shall mean the Planning Act, R.S.O. 1990, c.
P.13 and any amendments thereto.
Planting Strip
Shall mean an area of land growing ornamental
shrubs or trees or both, suitable to the soil and
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climatic conditions of the area of land for the
sole purpose of providing a buffer and may
include low level architectural walls or features,
and fire hydrants, but shall not include
walkways, and sidewalks unless a walkway or
sidewalk traverses the planting strip to provide
access to the site.
(By-law No. 07-043, February 15, 2007)
(By-law No. 11-276, November 16, 2011)
(By-law No. 19-062, March 27, 2019)
(By-law No. 22-084, April 13, 2022)
(By-law No. 24-052, April 10, 2024)
Privacy Area
Shall mean an open area:
a)
Located on the same lot and accessory
to a particular dwelling unit, access to
which area is directly provided through a
doorway to the habitable portion of the
unit; and,
b)
That is separate from and not included
with walkways, play areas or any other
communal or common area.
Private Club or Lodge
Shall mean the use of land, building or
structure, or part thereof, for social, literary,
cultural, political, educational or recreational
purposes which is operated for the exclusive
use of members and their guests and not open
to the general public on an equal basis, but shall
not include a fitness club, retail or a Labour
Association Hall.
(By-law No. 06-324, October 25, 2006)
(By-law No. 10-128, May 26, 2010)
(By-law No. 11-276, November 16, 2011)
Private Energy Storage System
Shall mean a system or facility not owned or operated
by a utility company, that operates as the principal use
of the property for capturing energy produced at one
time for use at a later time, and shall include, for
example, but not limited to flywheels, pumped hydro
storage, hydrogen storage, fuels storage, compressed
air storage, or battery storage.
(NOT FINAL & BINDING: By-law No. 26-111, June 24,
2016)
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Private Power Generation Facility
Shall mean the use of land, building or structure, or
part thereof, for the generation and transmission of
heat, steam or electricity, and which may include the
sale of electricity back into the grid but shall not include
a Waste Management Facility or Private Energy
Storage System.
(By-law No. 10-128, May 26, 2010)
(NOT FINAL & BINDING: By-law No. 26-111, June 24,
2026)
Privately Owned Public Space
Shall mean an area intended for use by the
public
for recreational,
cultural or other
purposes, including outdoor seating areas,
walkways, or landscaped areas, which is
secured through a legal agreement, financial
arrangement or other means to the satisfaction
of the City.
(By-law No. 25-155, August 06, 2025)
Production Studio
Shall mean the use of land, building or structure
or part thereof,
a)
used for the creation and production of
motion pictures or audio or video
recordings
and
the
associated
warehousing, prop and set design and
storage.
b)
Digital media uses such as animation
studio,
and
associated
software
development and processing.
But shall not include the mass reproduction of
film.
(By-law No. 17-220, October 25, 2017)
Provincial Offences Act
Shall mean the Provincial Offences Act, R.S.O.
1990, c. P.33 and any amendments thereto.
Recreation
Shall mean the use of lands for leisure, passive
and/or athletic activities, and shall include
Recreation, Passive.
(By-law No. 06-166, June 14, 2006)
Recreation, Passive
Shall mean activities that involve relatively
unorganized recreational pursuits, generally in
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the outdoors, such as walking, sitting and
picnicking.
(By-law No. 06-166, June 14, 2006)
Repair Service
Shall mean the provision of maintenance or
repair services for goods or equipment,
excluding motor vehicles and major recreational
equipment.
Research and Development
Shall mean the use of land, building or
Establishment
structure, or part thereof, for the purpose of
conducting pure and applied research, analysis
and experimentation in any field of science,
medicine, technology and manufacturing and
shall include but not be limited to facilities such
as
lecture
rooms,
administrative
offices,
laboratories, training facilities such as lecture
rooms,
administrative
offices,
laboratories,
training facilities, display rooms, pilot plants,
prototypical
manufacturing,
simulating
equipment and the like, and service and
machine shops to serve the Research and
Development Establishment. A Research and
Development Establishment shall also include
but not be limited to a Biotechnological
Establishment, Computer, Electronic and Data
Processing
Establishment,
Laboratory,
Pharmaceutical and Medical Establishment,
and/or
a
Science
and
Technology
Establishment.
(By-law No. 10-128, May 26, 2010)
Residential Care Facility
Shall mean a group living arrangement within a
fully detached residential building for supervised
residents where supports and/or services are
provided on site, and may:
a)
House residents referred to the facility
by a hospital, court, or government
agency; and,
b)
Be a facility licensed, funded, and
approved by a contract or agreement
with the Federal, Provincial or Municipal
Governments.
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A residential care facility shall not include an
emergency shelter, lodging house, corrections
residence, or correctional facility.
(By-law No. 22-197, August 12, 2022)
Residential Zone
Shall mean:
i)
The residential districts in Hamilton
Zoning By-law No. 6593;
ii)
The residential zones in Ancaster
Zoning By-law No. 87-57, Town of
Dundas Zoning By-law No. 3581-86,
Town of Flamborough Zoning By-law
No. 90-145-Z, Township of Glanbrook
Zoning By-law No. 464, and City of
Stoney Creek Zoning By-law No. 3692-
92; and,
iii)
The residential zones in Hamilton
Zoning By-law No. 05-200.
(By-law No. 17-240, November 8, 2017)
(By-law No. 23-079, May 10, 2023)
Restaurant
Shall mean a building where food and/or drink is
prepared and sold for immediate consumption,
either on or off site, and which may offer
commercial entertainment only if the premises
are licensed under the Liquor Licence Act. A
Restaurant may also include a night club, tavern
and bar.
(By-law No. 19-062, March 27, 2019)
Retail
Shall mean the sale or rental of goods or
materials to the ultimate consumer which shall
include but not be limited to Building or
Contracting Supply Establishment, Building and
Lumber
Supply
Establishment,
Home
Furnishing
Retail
Establishment,
Home
Improvement Supply Establishment, but shall
not include a restaurant, farm implement
dealership, the sale or rental of motor vehicles
and the sale of motor vehicle fuel or major
recreational equipment.
(By-law No. 17-240, November 8, 2017)
Retirement Home
Shall mean a multiple dwelling where all
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May 12, 2021
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dwelling units do not contain full kitchens but
where the building provides communal facilities
such
as
kitchen/dining
facilities,
laundry
facilities, lounges and where the residents are
supervised in their daily living activities. A
retirement home may be licensed by the
municipality and shall not be considered a long
term care facility, emergency shelter, lodging
house, residential care facility or any other
facility which is licensed, approved or regulated
under any general or special Act.
(By-law No. 06-324, October 25, 2006)
Salt Storage Facility
Shall mean the use of land, building or structure
for the storage of road salt or salt/sand mixture
which is transported to the site in bulk.
(By-law No. 15-173, July 10, 2015)
Salvage Yard
Shall mean the use of land, building or structure,
or
part
thereof,
for
storing,
wrecking,
dismantling, processing, recycling and selling
used goods, wares, materials and which may
include, but not be limited to household items,
clothing, furniture, paper, bottles, building
materials, scrap metal, machinery, heavy
equipment or parts thereof, and shall include but
not be limited to a Motor Vehicle Wrecking
Establishment. A Salvage Yard shall not include
a Waste Management Facility.
(By-law No. 10-128, May 26, 2010)
Science and Technology
Shall mean the use of land, building or
Establishment
structure, or part thereof, where scientific and
technological
research,
investigation,
development,
manufacturing
or
technical
experimentation is carried out and shall include
but not be limited to facilities such as
laboratories,
pilot
plants
and
prototype
manufacturing.
(By-law No. 07-043, February 15, 2007)
(By-law No. 10-128, May 26, 2010)
Seasonal Campground
Shall mean the use of land, building or
structure for seasonal recreational tenting and
camping facilities for recreational or vacation
purposes and may include Accessory uses such
as washrooms, laundry facilities, a convenience
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store, administrative offices, utility buildings and
sports fields.
(By-law No. 15-173, July 10, 2015)
Secondary
Shall mean, when used to describe a use of
land, building or structure, a use which is
secondary to the principal use of the property.
(By-law No. 15-173, July 10, 2015)
Self Storage Facility
Shall mean the use of a building or part
thereof, for the storage of goods in individual
storage units, for a fee.
(By-law No. 26-016, January 21, 2026)
Setback
Shall mean the distance between a lot line and
the nearest part of any building or specified
structure exclusive of any permitted yard
projections on the lot.
(By-law No. 18-219, August 17, 2018)
Shopping Centre
Shall mean one or more buildings, or part
thereof, containing a group of four or more
separate commercial establishments, catering
to
the
broader
shopping
customer,
comprehensively planned and maintained as a
single cohesive and integrated site.
(By-law No. 17-240, November 8, 2017)
Social Services Establishment
Shall mean a building in which non-profit
services intended to promote and improve the
independence, economic self-sufficiency, social
and health development of citizens are provided
and shall include but not be limited to clerical,
administrative, consulting, counselling, office
and recreational functions for a non-profit
agency but shall not include facilities in which
overnight accommodation is provided.
Soft Landscaping
Shall mean landscaping consisting of trees,
plants and other vegetation, and may include
features
intended
to
increase
stormwater
infiltration into the ground such as bioswales, rain
gardens, and tree pits, but shall not consist of
hard-surfaced
material
such
as
concrete,
decorative stonework, or retaining walls. Artificial
grass shall not be considered soft landscaping.
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(By-law No. 25-189, October 8, 2025)
Storey
Shall mean that portion of a building or structure,
other than a cellar, included between the
surface of any floor and the surface of the floor,
roof deck or ridge next above it, except an attic
storey.
Storey - Attic
Shall mean that unfinished portion of a building
between the roof and the ceiling of the top
storey.
Street
Shall mean a public highway or road allowance
having a minimum width of 12.0 metres which
has
been
opened,
improved,
regularly
maintained and assumed for public use.
(By-law No. 25-155, August 06, 2025)
Street Line
Shall mean any lot line that divides a lot from a
street.
Structure
Shall mean anything constructed or erected, the
use of which requires location in or on the
ground or attachment to something having
location on the ground.
Surveying, Engineering,
Shall mean the use of land, building or
Planning or Design Business
structure, or part thereof in which professionals
in the field of surveying, engineering, planning
or
design
provide
technical
consultation,
analysis, advisory or administrative services.
(By-law No. 10-128, May 26, 2010)
Swale
Shall mean a graded or engineered landscape
feature appearing as a linear, shallow, open
channel to provide for water drainage.
(By-law No. 21-071, May 12, 2021)
Theatre
A place of assembly for the purpose of
providing entertainment including
but not
limited to cinemas, performing arts theatres
and cultural events, but shall not include
amusement
arcade,
casino,
adult
entertainment parlour, dance hall or bingo hall.
(By-law No. 15-188, August 14, 2015)
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Thermal Treatment
Shall mean the processing of Waste into a
waste-based fuel and/or the disposal of Waste
under controlled conditions by heating or
combusting the materials and shall include
refuse derived fuel manufacturing and energy
from waste activities.
(By-law No. 10-128, May 26, 2010)
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 a Motor Vehicle Wrecking
Establishment or a Salvage Yard.
(By-law No. 10-128, May 26, 2010)
Trade School
Shall mean the use of land, building or structure,
or part thereof, in which specialized instruction
in a skilled trade is provided and which may
include but not be limited to construction,
industrial and motive power
trades and
Commercial Motor Vehicle training and which is
operated on a financial profit basis.
(By-law No. 10-128, May 26, 2010)
(By-law No. 11-276, November 16, 2011)
Tradesperson's Shop
Shall mean the use of land, building or
structure, or part thereof, in which is provided to
the public a non-personal service or trade, and
shall include but not be limited to, a carpenter's
shop, contractor's shop, electrician shop,
painter's shop, plumber's shop or other shops
that provide an installation service.
(By-law No. 10-128, May 26, 2010)
Trailer
Shall mean a vehicle that is at any time drawn
upon a highway by a motor vehicle, except:
a) an
implement
used
for
agricultural
purposes;
b) a mobile home;
c) another motor vehicle or any device or
apparatus not designed to transport
persons or property, temporarily drawn,
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propelled or moved upon such highway;
and,
d) a side car attached to a motorcycle,
but shall not include major recreational
equipment and a commercial motor vehicle.
(By-law No. 24-052, April 10, 2024)
Transport Terminal
Shall mean the use of land, building or structure,
or part thereof, where Commercial Motor
Vehicles, trucks, trailers, cargo ships, rail cars or
containers are loaded, unloaded, temporarily
stored, dispatched or parked for remuneration
and may include freight handling facilities related
to the trans-shipment of goods, materials or
products.
(By-law No. 10-128, May 26, 2010)
(By-law No. 18-092, April 11, 2018)
Transportation Depot
Shall mean the use of land where commercial
motor vehicles pick up and discharge fare-
paying passengers or dispatch vehicles for such
purpose.
(By-law No. 10-128, May 26, 2010)
(By-law No. 11-276, November 16, 2011)
Travel Plaza
Shall mean the use of land, building, structure or
part thereof, catering to the goods movement
industry and the traveling public. In addition to
the sale of fuels for motor vehicles, recreational
vehicles, commercial motor vehicles and heavy
motor vehicles and propane dispensing, a Travel
Plaza may include a retail store, a restaurant,
drivers lounge and personal service uses
accessory and subordinate to the Travel Plaza
function. Travel Plaza component uses may
include, among other things, motor vehicle and
heavy motor vehicle parking, a weigh scale, a
garage - Industrial, and a recreational vehicle,
commercial motor vehicle and heavy motor
vehicle washing establishment.
(By-law No. 10-128, May 26, 2010)
Unit Width
Shall mean the horizontal distance between the
common side wall of a building unit measured to
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the common side wall or exterior side wall
opposite.
(By-law No. 25-075, April 16, 2025)
Urban Farm
Shall mean land that is used for the growing and
harvesting of edible plants, vegetables or fruits
and that the edible plants, fruits and vegetables
grown on-site may be sold on-site. It may
include structures such as farm produce/product
stand, greenhouses, hoop houses or cold
frames. It shall not include a cannabis growing
and harvesting facility, an aquaponics, or
aquaculture facility, or a mushroom operation. It
shall not be considered as landscaped area,
landscape open space, landscaped strip or
landscaping.
(By-law No. 14-273, September 24, 2014)
(By-law No. 18-266, September 12, 2018)
Urban Farmers Market
Shall mean a temporary public market
operated by a community organization, or a non-
profit corporation, at which the majority of
persons who operate the stalls sell local
agricultural
products,
value
added
local
agricultural products, or VQA wines provided the
products are produced by persons who operate
the stalls.
(By-law No. 15-107, April 22, 2015)
Urban Square
Shall
mean an
unobstructed,
publicly
accessible
and predominantly
hardscaped
open space located between non-residential
ground floor façade and the street line
exclusive of any driveway, aisle, or parking. An
Urban Square shall not be considered as any
required landscape area and/or amenity area.
(By-law No. 18-114, May 9, 2018)
Use
Shall mean the purpose for which the land,
building or part thereof is used, occupied or
intended to be used or designed to be used or
occupied.
Value-added Local
Shall mean raw local agricultural products that
Agricultural Products
have been grown or produced as part of farm
operations in the City of Hamilton or Ontario
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farms which have been transformed into
another product.
(By-law No. 15-107, April 22, 2015)
Veterinary Service
Shall mean a use within a wholly enclosed
building or part thereof, where domestic animals
or household pets are provided treatment by a
veterinarian and may include temporary indoor
accommodation related to treatment and/or
recovery and pet grooming but shall not include
a kennel.
Veterinary Service - Farm Animal Shall mean an establishment where a
veterinarian administers care for the cure,
prevention and treatment of disease and injury
to farm animals and that may also contain an
animal enclosure for farm animals during the
treatment period.
(By-law No. 15-173, July 10, 2015)
Visibility Triangle
Shall mean a triangular area formed at the
intersection of an access driveway and the lot
line abutting a street.
(By-law No. 14-238, September 10, 2014)
Warehouse
Shall mean the use of building or structure, or
part thereof, for the bulk storage or distribution
of goods to industrial, commercial or institutional
business users or other wholesalers, but shall
not include the retailing of goods to the general
public. A Warehouse may include a Mini
Storage Facility but shall not include a Waste
Management Facility, Salvage Yard or Towing
Establishment.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
(By-law No. 18-219, August 17, 2018)
Waste Disposal Facility
Shall mean the use of land for the placement or
final disposal of Waste under controlled
conditions in order to protect environmental and
human health and for which a Environmental
Compliance Approval for such purpose under
Part V of the Environmental Protection Act is
required, and shall include but not be limited to:
sanitary landfills, Industrial, Commercial and
Institutional (ICI) landfills; and, Demolition and
THE CITY OF HAMILTON
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SECTION 3: DEFINITIONS
May 12, 2021
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Construction (DC) landfills. A waste disposal
facility may also include accessory uses
including, but not limited to energy from waste
activities.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
Waste Management Facility
Shall mean the use of land, building or
structure, or part thereof, for the storage,
processing or disposition of Waste or Hazardous
Waste
and
for
which
a
Environmental
Compliance Approval for such purpose under
Part V of the Environmental Protection Act is
required. Waste Management Facilities shall
include the following uses: Waste Processing
Facilities; Waste Transfer Facilities; Hazardous
Waste Management Facilities; and Waste
Disposal Facilities.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
Waste Processing Facility
Shall mean the use of land, building or
structure, or part thereof, for the sorting and
processing of waste and recyclable materials an
for which a Environmental Compliance Approval
for such purpose under Part V of the
Environmental Protection Act is required. Waste
Processing Facilities shall include but not be
limited
to:
thermal
treatment,
blue
box
recyclable recovery facilities, open-air or in-
vessel organics processing,
wood
waste
recycling and/or a co-generation energy facility,
but shall not include a Motor Vehicle Wrecking
Establishment or a Salvage Yard.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
Waste Transfer Facility
Shall mean the use of land, building or
structure or part thereof, for the temporary
storage and collection waste and for which a
Environmental Compliance Approval for such
purpose under Part V of the Environmental
Protection Act is required. A waste Transfer
Facility may also include limited sorting of such
waste prior to its transport.
(By-law No. 10-128, May 26, 2010)
(By-law No. 14-238, September 10, 2014)
THE CITY OF HAMILTON
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SECTION 3: DEFINITIONS
May 12, 2021
3-49
Waste
Shall mean materials that are defined as Waste
under Part V of the Environmental Protection
Act.
(By-law No. 10-128, May 26, 2010)
Window
Shall mean an opening which is framed and
spanned with glass, and may be mounted as to
permit opening and closing to light or ventilate
an enclosed space.
Yard
Shall mean a space between a building on a lot
and the lot lines of the lot which shall be open,
uncovered and unoccupied by buildings except
for such buildings as are specifically permitted
in this By-law. Any yard requirements shall be
the minimum horizontal linear distance from the
lot line to the nearest
part of any building on the lot as measured
perpendicular to such lot line but shall not be
measured to a building required for security
within any Industrial Zone.
(By-law No. 12-132, June 13, 2012)
Flankage Yard - shall mean a yard extending
from the front yard to the rear yard of a lot along
a lot line which abuts a street measured to the
nearest part of a building on the lot.
Front Yard - shall mean a yard extending
across the full width of a lot measured between
the front lot line and the nearest part of a
building on the lot.
Rear Yard - shall mean a yard extending across
the full width of a lot measured between the rear
lot line and the nearest part of a building on the
lot.
Side Yard - shall mean a yard extending from
the front yard to the rear yard measured
between the side lot line and the nearest part of
a building on the lot.