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ZONING BY-LAW
TOWNSHIP OF HARLEY
PN: 0333/1
DRAFTED: 30 August 2002
REVISED: 15 June 2004
: 15 September 2004
THE PLANTARIO GROUP LTD.
EASTYORK,ONTARIO
2004-22
TABLE OF CONTENTS
SECTION
PAGE
1
INTRODUCTION
(1)
Title of By-law
1
(2)
Scope of By-law
1
(3)
Interpretation of By-law
2
(4)
Schedules to By-law
3
2
DEFINITIONS
4
3
GENERAL PROVISIONS
(1)
Accessory Uses
26
(2)
Access Regulations
26
(3)
Addition to or Change of Existing Use
27
(4)
Construction Uses
27
(5)
Dwelling Units
27
(6)
Gravel Pits and Stone Quarries
28
(7)
Group Home
28
(8)
Height Exceptions
28
(9)
Home Industry and Rural Home Occupations
30
(10)
Home Occupations and Home Professions
30
(11)
Illumination
32
(12)
Lots Containing More Than One Use
32
(13)
Lots Divided Into More Than One Zone
32
(14)
Lots Reduced by Road Construction
32
(15)
Non-Complying Buildings, Structures and Lots
33
(16)
Non-Conforming Buildings and Structures
34
(17)
Obnoxious Uses
34
(18)
Occupancy of Partially Completed
Dwelling Houses
35
(19)
Parking Area Regulations
35
(20)
Planting Strips
36
(21.)
Public Uses
36
(22)
Setbacks from Special Uses
37
REVISED: 15 June 2004
SECTION
3
4
5
6
TABLE OF CONTENTS (Cont'd)
GENERAL PROVISIONS Cont'd
(23)
Sight Triangles
(24)
Signs
(25)
Storage of Special Vehicles
(26)
Satellite Dishes, Television and Radio Antennae
ZONES
(1)
Zone Classification
(2)
Zone Symbols
(3)
Zone Boundaries
( 4)
Permitted Uses and Zone Provisions
(5)
Special Zones
INSTITUTIONAL (Il) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
(3)
Uses Permitted in Il-1 Zones
( 4)
Zone Provisions for I1 -1 Zones
GENERAL INDUSTRIAL (Ml) ZONE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Uses Permitted
Zone Provisions
Uses Permitted in Ml-1 Zones
Zone Provisions for Ml-1 Zones
Uses Permitted in Ml-2 Zones
Zone Provisions for Ml-2 Zones
Uses Permitted in Ml-3 Zones
Zone Provisions for Ml-3 Zones
Uses Permitted in Ml-4 Zones
Zone Provisions for Ml-4 Zones
Uses Permitted in Ml-5 Zones
Zone Provisions for Ml-5 Zones
REVISED: 15 June 2004
11
PAGE
38
39
39
39
41
41
41
43
43
44
44
45
46
47
48
50
50
51
51
52
53
53
54
54
54
SECTION
6
7
8
9
10
11
TABLE OF CONTENTS (Cont'd)
INDUSTRIAL (Ml) ZONE Cont'd
(13)
Uses Permitted in Ml-6 Zones
(14)
Zone Provisions for Ml-6 Zones
(15)
Uses Permitted in Ml-7 Zones
(16)
Zone Provisions for Ml-7 Zones
(17)
Uses Permitted in Ml-8 Zones
(18)
Zone Provisions for Ml-8 Zones
(19)
Uses Permitted in Ml-9 Zones
(20)
Zone Provisions for Ml-9 Zones
(21)
Uses Permitted in Ml-10 Zones
(22)
Zone Provisions for Ml-10 Zones
EXTRACTIVE INDUSTRIAL (M2) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
DISPOSAL INDUSTRIAL (M3) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
UTILITIES INDUSTRIAL (M4) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
ENVIRONMENTAL PROTECTION (El) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
AGRICULTURE (Al) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
REVISED: 15 June 2004
lll
PAGE
55
55
56
56
56
57
57
58
58
58
59
59
62
62
64
64
66
66
67
68
TABLE OF CONTENTS (Cont'd)
SECTION
11
AGRICULTURE (Al) ZONE Cont'd
(3)
Uses Permitted in Al-1 Zones
(4)
Zone Provisions for Al-1 Zones
12
RURAL (A2) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
(3)
Uses Permitted in A2-1 Zones
(4)
Zone Provisions for A2-1 Zones
13
ADMINISTRATION
(1)
Zoning Administrator
(2)
Issuance of Permits and Licenses
(3)
Requests for Amendments
(4)
Inspection
(5)
Violations and Penalties
(6)
Remedies
(7)
Validity
14
REPEALS AND APPROVALS
SCHEDULES
A
B
C
REVISED: 15 June 2004
iv
PAGE
70
70
71
72
74
74
76
76
76
76
77
77
78
79
FOLWWING
PAGE
79
PAGE
81
87
THE CORPORATION OF IBE TOWNSHIP OF HARLEY
BY-LAW NO - --------------
A BY-LAW TO REGULATE THE USE OF LANDS AND IBE CHARACTER,
WCATION AND USE OF BUILDINGS AND STRUCTURES
IN IBE TOWNSHIP OF HARLEY
WHEREAS the Planning Act, R.S.O. 1990, as amended, provides that the council of a local
municipality may pass zoning by-laws restricting the use of land and the erecting, locating or
using of buildings and stmctures;
NOW THEREFORE the Council of the Corporation of the Township of Harley ENACTS as
follows:
SECTION 1
INTRODUCTION
(1)
TITLE OF BY-LAW
This By-law may be cited as the "Zoning By-law".
(2)
SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW:
The provisions of this By-law shall apply to all lands within the corporate limits of
the Township of Harley.
(b)
CONFORMITY WITH BY-LA\V:
No building or structure shall hereafter be erected, altered or located, nor shall the
use of any building, structure or lot hereafter be changed, in whole or in part,
except in conformity with the provisions of this By-law.
(c)
EXISTING USE CONTINUED:
Nothing in this By-law shall prevent the use of any land, building or structure for
any purpose prohibited by this By-law if such land, building or structure was
1
)
SECTION 1(2)(c)
INTRODUCTION
lawfully used for such purpose prior to the lBh day of December 1985, so long as
it continues to be used for that purpose.
(d)
BUILDING PERMIT ISSUED:
Nothing in this By-law shall have prevented the erection or use of any building or
structure for a purpose prohibited by this By-law where a permit was issued under
Section 5 of the Building Code Act, prior to the lBh day of December 1985
provided:
(i)
the building or structure has been used and shall continue to be used for the
purpose for which the building permit was issued;
(ii)
the erection of such building or structure was commenced within 6 months
of the 16th day of December 1985 and provided the erection of such
building or structure was completed within 18 months after the erection
thereof was commenced; and
(iii)
such permit was not revoked under Section 6, of the Building Code Act.
(e)
COMPLIANCE WITH OTHER RESTRICTIONS:
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority havingjurisdiction to make such restrictions.
(3)
INTERPRETATION OF BY-LAW
(a)
SINGULAR AND PLURAL WORDS:
In this By-law, unless the context requires otherwise, words used in the singular
number include the plural and words used in the plural include the singular
number.
(b)
SHALL IS MANDATORY:
In this By-law, the word "shall" is mandatory.
2
)
_)
SECTION 1(3)(c)
INTRODUCTION
(4)
(c)
USED AND OCCUPIED:
In this By-law, unless the context requires otherwise, the word "used", shall
include "designed to be used" and "arranged to be used" and the word "occupied"
shall include "designed to be occupied" and "arranged to be occupied".
(d)
BUILDING, STRUCTURE AND USE CLASSIFICATION:
In this By-law, all buildings, structures and uses named as permitted uses and
classified under the headings "RESIDENTIAL USES" or "NON-RESIDENTIAL
USES" may be referred to as Residential or Non-Residential buildings, structures,
or uses respectively.
SCHEDULES TO BY-LAW
The following Schedule, which is attached hereto, and the information shown on such
schedule shall form part of the by-law to the same extent as if included therein:
SCHEDULE A - ZONE MAP
In addition, the following Schedules, which are attached hereto, and the information
shown on such schedules and the calculations derived therefrom, shall form part of the by
law to the same extent as if included therein:
SCHEDULE B - MDS FORMULAE I
SCHEDULE C - MDS FORMULAE II
Revised: 15 June 2004
3
)
)
SECTI0N2
DEFINITIONS
In this By-law, unless the context requires otherwise, the following definitions shall apply:
(1)
AGRICULTURAL USE, means the use of lands, buildings or structures for the raising
of livestock and other animals for food, or fur, including poultry and fish; aquaculture;
agro-forestry; maple syrup production, and for the growing of crops, including nursery
and horticultural crops, turf grass, greenhouse crops and mushrooms.
(2)
ALTER, when used in reference to a building, structure or part thereof, means:
to change any one or more of the external dimensions of such building or structure; or
to change the type of construction of the exterior walls or roof of such building or
structure; or
to change the use of such building or structure; or
to change the number of uses or dwelling units contained therein.
"Alter", when used in reference to a lot, means:
to change the boundary of such lot with respect to a street or lane; or
to change any dimension or area, relating to such lot, which is covered herejn by a zone
provision; or
to change the use of such lot; or
to change the number of uses located thereon.
"Altered" and "alteration" shall have-corresponding meanings.
(3)
AUDITORIUM, means a building, structure or part thereof where facilities are provided
for athletic, civic, educational, political, religious or social events. This definition may
include an arena, assembly hall, community centre, gymnasium, stadium, theatre or
similar use and for the consumption of food and drink, but not for any commercial
purposes.
REVISED: 15 June 2004
4
)
)
SECTION 2(4)
DEFINITIONS
(4)
AUTOMOBILE SERVICE STATION, means an establishment primarily engaged in the
retail sale of fuels or lubricants for motor vehicles or recreation vehicles. Accessory uses
may include the sale of motor vehicle or recreational vehicle accessories and minor
maintenance or repair operations for such vehicles, other than bodywork or painting.
(5)
BALCONY, means a partially enclosed platform attached to or extending horizontally
from one or more main walls of a building and used as an outdoor porch or sundeck.
(6)
BODY SHOP, means a building or premises used for the painting or repairing of motor
vehicle bodies, exteriors or undercarriages. Accessory uses may include a towing service
and the rental of motor vehicles to customers whose motor vehicles are being repaired.
This definition shall not include a salvage yard as defined herein.
(7)
BUILDING, means any structure, consisting of walls and a roof, which is used for
shelter, accommodation or enclosure of persons, animals, equipment, goods or materials.
(a)
ACCESSORY BUILDING: means a detached building which is incidental,
subordinate and exclusively devoted to a main building or main use and located on
the same lot therewith.
(b)
MAIN BUILDING: means the building which contains the principal use of the
lot on which such building is located.
(8)
BUILDING AREA, means that portion of the lot area of a lot permitted to be covered by
one or more building envelopes.
(9)
BUILDING BY-LAW, means any by-law of the Corporation passed pursuant to the
Building Code Act.
(10)
BUILDING ENVEWPE, means the total horizontal area of a building calculated by
perpendicular projection onto a horizontal plane. This definition shall not include:
REVISED: 15 June 2004
5
SECTION 2(10)
DEFINITIONS
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or similar
ornamental structures unless such structure projects more than 1.0 metre horizontally from
an exterior wall of the building; or
unenclosed porches, balconies or steps unless such structure projects more than 2.0 metres
horizontally from an exterior wall of the building.
(11)
BUILDING HEIGHT, means the vertical distance between the finished grade of the lot
on which the building is situated and the highest point of the building proper.
(12)
BUILDING PERMIT, means a permit required by the Building By-law.
(13)
BUILDING SEPARATION, means the least horizontal distance permitted between the
nearest portions of any building envelopes on a lot.
(14)
BUILDING SETBACK, means the least horizontal distance permitted between a lot line
of a lot and the nearest portion of any building envelope or excavation on such lot.
(a)
FRONT BUILDING SETBACK, means the building setback on a lot measured
from each front lot line of such lot.
(b)
FLANK BUILDING SETBACK, means the building setback on a lot measured
from each flank lot line of such lot.
(c)
REAR BUILDING SETBACK, means the building setback on a lot measured
from each rear lot line of such lot.
(d)
SIDE BUILDING SETBACK, means the building setback on a lot measured
from each side lot line of such lot.
REVISED: 15 June 2004
6
)
. J
SECTION 2(15)
DEFINITIONS
(15)
BUILDING SUPPLY OUTLET, means an establishment engaged in the selling or
installing of building supplies including lumber, millwork, siding, roofing, plumbing,
electrical, heating, air conditioning and similar items. This definition shall not include any
establishment otherwise defined herein, or specifically named elsewhere, in this By-law.
(16)
BULK STORAGE TANK, means a tank for the bulk storage of petroleum, petroleum
products, chemicals, gases or similar substances. This definition shall not include a
storage tank which is accessory to another use on the lot where such tank is located.
(17)
BUSINESS OFFICE, means a building or part of a building where one or more persons
are employed in administering, directing, managing or conducting the affairs of a private
enterprise. This definition shall not include any manufacturing operation or any premises
used for repairing equipment, goods, materials or vehicles.
(18)
BUNKHOUSE, means a building designed or used for the accommodation, during the
planting, growing or harvesting season, of up to ten (10) agricultural workers and
consisting of at least one (1) bathroom and not fewer than two (2) rooms providing therein
living, dining and sleeping accommodation in appropriate individual or combination
rooms.
(19)
CARPORT, means a roofed structure, supported by columns, piers or not more than two
(2) walls, which is used for the sheltering of permitted vehicles.
(20)
CEMETERY, means land that is set apart or used as a place for the interment of the dead,
or in which human bodies have been buried. "Cemetery" may include a structure for the
purpose of cremation of human remains and may include facilities for storing ashes of
human remains that have been cremated or the interment of the dead in sealed crypts or
compartments.
(21)
CHIEF BUILDING OFFICIAL, means the employee appointed by Council for the
purpose of enforcing the Building By-law.
REVISED: 15 June 2004
7
)
SECTION 2(22)
DEFINITIONS
(22)
COMMERCIAL GREENHOUSE, means a building used for the growing of flowers,
vegetables, shrubs, trees and similar vegetation for wholesale or retail sale. This definition
shall not include any premises used for the growing of mushrooms.
(23)
CONVENIENCE STORE, means an establishment where food, tobacco, drugs,
periodicals or similar items of household necessity are kept for retail sale to the public.
(24)
CORPORATION, means the Corporation of the Township of Harley.
(25)
COUNCIL, means the Council of the Corporation of the Township of Harley.
(26)
DETACHED, when used in reference to a building, means a building which is not
dependent on any other building for structural support or enclosure.
(27)
DRIVEWAY, means an unobstructed passageway used to provide vehicular access to a
lot from a street or lane.
(28)
DRIVEWAY SETBACK, means the least horizontal distance permitted between a lot line
of a lot and the nearest portion of any driveway on such lot.
(29)
DWELLING HOUSE, means a detached building occupied or capable of being occupied
as the home or residence of one or more persons. This definition shall not include any
part of any vehicle as defined herein.
(a)
ACCESSORY DWELLING HOUSE, means a single detached dwelling house
which is accessory to a permitted Non-Residential use and is occupied either by the
family of the owner, or owner of such Non-Residential use or by the family of a
person, or person employed on the lot where such dwelling house is located.
REVISED: 15 June 2004
8
)
)
)
SECTION 2(29)(b)
DEFINITIONS
(b)
CONVERTED DWELLING HOUSE, means a dwelling house, the interior of
which has been altered so as to provide therein not more than two dwelling units.
(c)
GROUP HOME, means the use of a dwelling house for a residential care facility
accommodating up to ten (10) persons, excluding resident staff, who, by reason of
their emotional, mental, social or physical condition, require specialized residential
care in a group living arrangement, as licensed or approved by the applicable
Provincial agency.
(d)
MOBILE HOME, means a prefabricated building, designed to be transported on
its own chassis (notwithstanding that its running gear is or may be removed), or by
other means, and designed and equipped for year-round occupancy, containing
therein facilities for cooking or for the installation of cooking equipment as well
as sanitary facilities including a flush toilet and a shower or bathtub. This
definition shall not include any tourist vehicle or any trailer which has a gross floor
area of less than 30.0 square metres.
(e)
MODULAR DWELLING HOUSE , means a prefabricated single-detached
dwelling house being so constructed or assembled that the shortest side of such
dwelling house is not less than 6.1 metres in width.
(0
SINGLE DETACHED DWELLING HOUSE, means a dwelling house containing
only one dwelling unit.
(30)
DWELLING UNIT, means a suite of two (2) or more habitable rooms, occupied by not
more than one (1) household unit, in which sanitary conveniences are provided and in
which facilities are provided for cooking or for the installation of cooking equipment, and
with an independent entrance either directly from outside the building or through a
common corridor or vestibule inside the building. This definition shall not include any
part of any vehicle as defined herein.·
(a)
ACCESSORY DWELLING UNIT, means a dwelling unit which is part of, and
accessory to, a permitted Non-Residential building other than an automobile service
station or a commercial garage. Such dwelling unit shall be occupied either by the
family of the owner, or owner of such Non-Residential building or by the family
REVISED: 15 June 2004
9
)
)
SECTION 2(30)(a)
DEFINITIONS
of a person, or person employed on the premises where such dwelling unit is
located.
(31)
ENTRANCE, when used with reference to a lot, means the area of intersection between
a driveway and a street line.
(32)
ENTRANCE SEPARATION, means the least horizontal distance permitted between the
nearest portions of any entrances on the lot.
(33)
ENTRANCE SETBACK, means the least horizontal distance permitted between an
intersection of street lines and the nearest portion of any entrance, measured along the
street line.
(34)
ENTRANCE WIDTH, means the horizontal distance permitted between the extremities
of an entrance, measured along the street line.
(35)
ERECT, means to build, construct, place, reconstruct or relocate and, without limiting
the generality of the word, also includes:
any preliminary operation such as excavating, filling or draining;
altering any existing building or structure by an addition, enlargement, extension or other
structural change; and
any work which requires a building permit.
"Erected" and "erection" shall have corresponding meanings.
(36)
EXISTING, means existing on the 16th day of December 1985.
REVISED: 15 June 2004
10
_)
)
SECTION 2(37)
DEFINITIONS
(37)
FACTORY OUTLET, means a building or part of a building, accessory to a permitted
industrial use, where the products manufactured by that industry are kept for wholesale or
retail sale.
(38)
FINISHED GRADE, means the median elevation between the highest and lowest points
of the finished surface of the ground (measured at the base of a building or structure), but
exclusive of any embankment in lieu of steps.
(39)
FWOD PLAIN, means the area below the high water mark of a waterbody.
(40)
FWOR AREA, means the horizontal area of a storey, measured between the exterior
faces of the exterior walls at the floor level of such storey.
(a)
DWELLING UNIT AREA, means the aggregate of the floor areas of all
habitable rooms in a dwelling unit, excluding the thickness of any exterior walls.
(b)
GROSS FLOOR AREA, means the aggregate of all floor areas of a building or
structure.
(c)
GROUND FWOR AREA, means the floor area of the first storey of a dwelling
unit, excluding any portion of such first storey which is not a habitable room and
which has no habitable room, or portion thereof, located thereover, excluding the
thickness of any exterior walls.
(d)
NET FWOR AREA, means that portion of the gross floor area of a building
which is used by a Non-Residential use defined herein or specifically named
elsewhere in this By-law, but excluding:
any part of such building used by another Non-Residential use which is defined
herein or specifically named elsewhere in this By-law;
any part of such building used as a dwelling unit;
any part of such building used for the parking or storage of motor vehicles;
REVISED: 15 June 2004
11
)
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SECTION 2(40)(d)
DEFINITIONS
any part of such building used for equipment to heat such building or a portion
thereof; and
the thickness of any exterior walls of such building.
(41)
FORESTRY USE, means the management, development and cultivation of timber
resources.
(42)
FUEL BAR, means an establishment primarily engaged in the retail sale of fuels or
lubricants for motor vehicles.
(43)
FUEL PUMP ISLAND, means a structure which is an accessory use intended to provide
fuel for vehicles.
(a)
PRIVATE FUEL PUMP ISLAND, means a fuel pump island used to dispense
fuel solely to vehicles owned or leased by the occupant of the lot where such fuel
pump island is located. This definition shall not include an automobile service
station or any other facility for the sale of fuels.
(44)
GARAGE, COMMERCIAL, means an establishment or premises where vehicles owned
by the general public are repaired or maintained.
(45)
GARAGE, MAINTENANCE, means an establishment or premises where vehicles owned
or leased by the occupant of such premises are repaired or maintained.
(46)
GARAGE, PRIVATE, means an accessory building or portion of a dwelling house which
is fully enclosed and used for the sheltering of permitted vehicles. This definition shall
not include a carport or other open shelter.
REVISED: 15 June 2004
12
)
SECTION 2(47)
DEFINITIONS
( 47)
GRAVEL PIT, means any open excavation made for the removal of any soil, earth, clay,
marl, sand, gravel or unconsolidated rock or mineral to supply such material for
construction, industrial or manufacturing purposes. This definition shall not include:
any excavation incidental to the erection of a building or structure for which a building
permit has been issued;
any excavation incidental to the construction of any public works;
any asphalt plant, cement manufacturing plant or concrete batching plant; or
any wayside pit as defined herein.
( 48)
GUEST ROOM, means a room or suite of rooms which contains no facilities for cooking
and which is used or maintained, for gain or profit, by providing accommodation to the
public.
(49)
HABITABLE ROOM, means a room designed to provide living, dining, sleeping or
kitchen accommodation for persons. This definition may include a bathroom, den, library
or enclosed sun room, but shall not include any private garage, carport, porch, verandah,
unfinished attic, unfinished basement or unfinished cellar.
(50)
HIGH WATER MARK, means the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which action has been so common and
usual and continued so long that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation or soil on the
other side.
(51)
HOME INDUSTRY, means an occupation conducted for gain or profit on a permitted
farm and may include a carpentry shop, a craft shop, a metal work shop, a plumbing shop,
an electrical shop, a welding shop, a storage building for school buses, boats or
snowmobiles, or a similar use.
REVISED: 15 June 2004
13
)
)
SECTION 2(52)
DEFINITIONS
(52)
HOME OCCUPATION, means any occupation conducted for gain or profit within a
dwelling unit. This definition may include dressmaking; hairdressing; instruction in arts,
crafts, dancing or music to not more than six (6) pupils at any one lesson; molding;
painting; sculpting; weaving; or the making or repairing of garden or household
ornaments, clothing, personal effects or toys.
(53)
HOME OCCUPATION, RURAL, means any occupation conducted for gain or profit as
an accessory use on a permitted farm. This definition may include a retail outlet for farm
supplies or farm produce, a produce grading station or a merchandise service shop.
(54)
HOME PROFESSION, means any profession practised within a dwelling unit. This
definition may include the offices of an accountant, architect, auditor, dentist, drugless
practitioner, engineer, insurance agent, land surveyor, lawyer, medical practitioner,
notary, realtor or town planner.
(55)
HOUSEHOLD UNIT, means one or more human beings living together as a single
housekeeping unit. This definition may also include domestic servants and not more than
two roomers or boarders. This definition shall not include a group home.
(56)
LANDSCAPING AREA, means that portion of the lot area of a lot required for the
growth and maintenance of grass, flowers, bushes, trees and other landscaping, including
planting strips. This definition may include any surfaced walk, surfaced patio, play
facility, or similar area, but shall not include any driveway or ramp (whether surfaced or
not) nor any curb, retaining wall, parking area, delivery space, loading space nor any open
space beneath or within a building or structure.
(57)
LANE, means a public thoroughfare, whether or not improved for use, which has a
right-of-way width of 10.0 metres or less and which affords only a secondary means of
access for vehicular traffic to abutting lots and which is not intended for general traffic
circulation.
REVISED: 15 June 2004
14
)
)
SECTION 2(58)
DEFINITIONS
(58)
LOT, means a parcel of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
(a)
CORNER LOT: means a lot having four (4) or fewer lot lines and situated at the
intersection of two (2) street lines which contain an angle of not more than 135
degrees. Where such street lines are curved, the angle of intersection of the street
lines shall be deemed to be the angle formed by the intersection of the tangents to
the street lines, drawn through the extremities of the side lot lines. In the latter
case, the comer of the lot shall be deemed to be that point on the street line nearest
to the point of intersection of the said tangents.
(b)
EXISTING LOT: means a lot which, on the 161h day of December 1985, was
capable of being legally conveyed in accordance with the Planning Act.
(c)
INTERIOR LOT: means a lot, other than a comer lot or a through lot, which has
street access, but has no water access.
(d)
THROUGH LOT: means a lot, other than a comer lot, which has street access
on two (2) or more street lines, but has no water access.
(e)
UNSERVICED WT: means a lot which is served by neither a public, nor a
private, water system nor a sanitary sewer system.
(59)
LOT AREA, means the total horizontal area within the lot lines of a lot, excluding the
horizontal area of any flood plain located on such lot.
(60)
LOT FRONTAGE, means, in the case of a comer lot, an interior lot or a through lot, the
horizontal distance between the two (2) lot lines which intersect the front lot line of a lot,
such distance being measured along a line which is parallel to the front lot line, and distant
from the front lot line, a distance equal to the minimum front building setback required
herein for the specified use in the zone where such lot is located.
(61)
WT LINE, means any boundary of a lot or the vertical projection thereof.
REVISED: 15 June 2004
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)
SECTION 2(61)(a)
DEFINITIONS
(a)
FRONT WT LINE, means, in the case of an interior lot, the lot line dividing
the lot from the street. In the case of a comer lot, the shorter lot line abutting a
street shall be deemed to be the front lot line except where the lot lines abutting a
street are the same length, the lot line used for the principal entrance to the lot shall
be deemed to be the front lot line. In the case of a through lot, the lot line used
for the principal entrance to the lot shall be deemed to be the front lot line.
(b)
FLANK WT LINE, means any lot line, other than a front lot line, which is also
a street line.
(c)
REAR WT LINE, means any lot line which is not a front lot line, a flank lot
line or a side lot line.
(d)
SIDE WT LINE, means a lot line which intersects a front lot line or a flank lot
line provided that, if any side lot line or portion thereof is the rear lot line of an
abutting lot, such lot line or portion thereof shall be deemed to be a rear lot line.
(62)
MARINE FACILITY, means a building or structure which is used to place a boat into,
or take a boat out of a waterbody; or to moor, to berth or to store a boat. This definition
may include a boat launching ramp, boat lift, dock or boathouse, but excludes any boat
service, repair or sales facility, or building or portion thereof used for human habitation.
(63)
MUNICIPAL YARD, means any land and buildings owned by the Municipality, or any
local board or commission, and used for the storage, maintenance and repair of equipment
used in connection with civic works.
(64)
NON-COMPLYING, when used in reference to a lot, building or structure, means a lot,
building or structure which does not comply with one or more of the zone provisions of
the zone in which such lot, building or structure is located.
(65)
NON-CONFORMING, when used in reference to a use, building or structure, means a
use, building or structure which is not a permitted use in the zone where such use, building
or structure is located.
REVISED: 15 June 2004
16
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)
)
SECTION 2(66)
DEFINITIONS
(66)
NOXIOUS USE, means a use which, by its nature or the materials used or produced
therein, is declared to be a noxious trade, business or manufacturer, or a noxious use as
defined in the Health Protection and Promotion Act.
(67)
NURSERY, means land used for the growing of sod, flowers, bushes, trees or other
gardening, landscaping or orchard stock for wholesale or retail sale.
(68)
OPEN STORAGE AREA, means land used for the outside storage of equipment, goods
or materials. This definition shall not include a storage use located in a building, a salvage
yard, a parking area or a parking space.
(69)
PARK, means an area, consisting largely of open space, which may include a recreational
area, trails, playground, playfield or similar use, but shall not include a mobile home park
or a tourist camp.
(a)
PUBLIC PARK, means a park owned or operated by the Corporation, any local
board of the Corporation or any Authority, Board, Commission or Ministry
established under any statute of Ontario or Canada.
(b)
PRIVATE PARK, means a park other than a public park.
(70)
PARKING AREA, means an area or structure provided for the parking of motor vehicles
and includes any related driveways and parking spaces, but shall not include any part of
a street or lane. This definition may include a carport or private garage.
(71)
PARKING WT, means any parking area other than a parking area which is accessory
to a permitted use and located on the same lot therewith.
(72)
PARKING SPACE, means a portion of a parking area, exclusive of driveways, which
may be used for the temporary parking or storage of a motor vehicle.
REVISED: 15 June 2004
17
· )
)
SECTION 2(73)
(73)
PERMI'ITED, means permitted by this By-law.
DEFINITIONS
(74)
PERMITTED USE, means a use which is permitted in the zone where such use is located.
(75)
PERSON, means any human being, association, firm, 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.
(76)
PLACE OF WORSHIP, means a building owned or occupied by a religious congregation
or religious organization dedicated exclusively to worship and other religious activities.
Accessory uses may include a parish hall, auditorium or Sunday school.
(77)
PLANTING STRIP, means an area which shall be used for no purpose other than planting
a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, not less than
1.5 metres high, immediately adjacent to the lot line or portion thereof along which such
planting strip is required herein. The remainder of such planting strip shall be used for
no purpose other than planting trees, shrubs, flowers, grass or similar vegetation.
(78)
PLANTING STRIP WIDTH, means the least horizontal dimension of a planting strip
measured perpendicularly to the lot line abutting such planting strip.
(79)
PRIVATE HOME DAY CARE, means the temporary care and custody, for reward or
compensation, of five children or less who are not of common parentage, where such care
is provided in a private residence for a continuous period not exceeding 24 hours.
(80)
PUBLIC USE, means a building, structure or lot used for public services by the
Corporation, any local board of the Corporation, any Authority, Board, Commission or
Ministry established under any statute of Ontario or Canada, any telephone or telegraph
company, any public utility corporation or any railway company authorized under the
Canada Transportation Act, S.C. 1996.
REVISED: 15 June 2004
18
)
)
SECTION 2(81)
DEFINITIONS
(81)
RECREATION ESTABLISHMENT, means a billiard or pool hall, bowling alley,
curling or skating rink, or similar use.
(82)
RECREATION FACILITY, means buildings, structures or the use of land for outdoor
and indoor sports and recreation intended for passive or active use. This definition shall
include any equipment related to the activities.
(83)
RESTAURANT, means a building or part of a building where food is offered for sale or
sold to the public for immediate consumption in the dining room of such building or for
consumption off the premises.
(84)
RESTAURANT- TAKE-OUT, means an establishment where food is offered for sale or
sold to the public solely for consumption off the premises of the establishment.
(85)
RETAIL STORE, means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale to the public.
This definition shall not include any establishment otherwise defined herein or specifically
named elsewhere in this By-law.
(86)
SALVAGE YARD, means an establishment or premises where bones, bottles, hides, junk,
rags, scrap metals, wrecked vehicles or parts therefrom are stored wholly or partly in the
open.
(87)
SATELLITE SIGNAL BROADCAST OR RECEIVING DISH, means any device used
or intended to be used to send or receive signals to or from satellites.
(88)
SCHOOL, means a school under the jurisdiction of a Board as defined in the Education
Act.
(89)
SHORELINE, means any lot line or portion thereof which abuts a waterbody.
REVISED: 15 June 2004
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)
)
)
SECTION 2(90)
DEFINITIONS
(90)
SIGHT TRIANGLE, means the triangular space on a lot fonned by two (2) intersecting
street lines and a line drawn from a point in one street line across such lot to a point in the
other street line, each such point being a distance from the point of intersection of the
street lines (measured along the street lines). Where the two (2) street lines do not
intersect at a point, the point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of the tangents to the
street lines.
(91)
SIGN, means a name, identification, description, device, display or illustration which is
affixed to or represented directly or indirectly upon a building, structure or lot and which
directs attention to an object, product, place, activity, person, institute, organization or
business.
(a)
LEGAL SIGN,
means a sign which complies with the Sign By-law of the
Corporation.
(92)
STONE QUARRY, means any open excavation made for the removal of any limestone,
sandstone, shale or consolidated rock or mineral to supply such material for construction,
industrial or manufacturing purposes. This definition shall not include:
any excavation incidental to the erection of a building or structure for which a building
pennit has been issued;
any excavation incidental to any public works;
any asphalt plant, cement manufacturing plant or concrete batching plant; or
any wayside quarry as defined herein.
(93)
STOREY, means that portion of a building or structure between any floor level of such
building or structure and the floor, ceiling or roof next above such floor level.
(a)
ATTIC, means that portion of a building situated wholly or partly within the roof
but which is not a one-half storey.
REVISED: 15 June 2004
20
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)
)
SECTION 2(93)(a)
DEFINITIONS
(b)
BASEMENT, means any storey below the first storey which is at least 50% above
finished grade (measured from finished floor to finished ceiling).
(c)
CELLAR, means any storey below the first storey which is more than 50% below
finished grade (measured from finished floor to finished ceiling).
(d)
FIRST STOREY, means the storey with its floor closest to finished grade and
having its ceiling at least 1.5 metres above finished grade.
(e)
ONE-HALF STOREY, means that portion of a building situated wholly or partly
within the roof and in which there is a vertical dimension of at least 2.0 metres
(measured from finished floor to finished ceiling) over a floor area equal to at least
50 % of the floor area of the storey next below.
(f)
SECOND STOREY, means that portion of a building situated above the first
storey and in which there is a vertical dimension of at least 2.0 metres (measured
from finished floor to finished ceiling) over a floor area equal to at least 75 % of
the floor area of the storey next below.
(94)
STREET, means a public thoroughfare under the jurisdiction of either the Corporation or
the Province of Ontario. This definition shall not include a lane, a private right-of-way,
a registered right-of-way, or an original shore road allowance.
"Street allowance" shall have a corresponding meaning.
(a)
IMPROVED STREET, means a street defined herein as a "Provincial Highway",
a "Secondary Highway" or a "Township Road" which is maintained on a
year-round basis and shown on Schedule A hereto.
(b)
PROVINCIAL HIGHWAY, means Highway No. 11.
(c)
SECONDARY HIGHWAY, means Highway Nos. 562 and 569.
(d)
TOWNSHIP ROAD, means a street, other than a Provincial Highway or a
Secondary Highway.
REVISED: 15 June 2004
21
)
)
SECTION 2(94)(e)
DEFINITIONS
(e)
UNIMPROVED ROAD, means a street defined herein as a "Township Road"
which is not maintained on a year-round basis and shown on Schedule A hereto.
(95)
STREET ACCESS, means, when referring to a lot, that such lot has a lot line or portion
thereof which is also a street 1 ine.
(96)
STREET LINE, means the limit of a street allowance and is the dividing line between a
lot and a street.
(97)
STREET SETBACK, means the least horizontal distance required between the centreline
of a street allowance and the nearest part of any building envelope or excavation on a lot
(measured at right angles to such centreline).
(98)
STRUCTURE, means anything constructed or erected, the use of which requires location
on or in the ground, or attached to something having location on or in the ground.
(99)
TOURIST CAMP, means any land used to provide temporary accommodation for the
public, or members of an organization, in tents, tourist trailers or tourist vehicles or
cabins, whether or not a fee is charged or paid for such accommodations.
(100) TOURIST CAMP LOT, means a parcel of land within a tourist camp, occupied by a
tent, tourist trailer, tourist vehicle or cabins.
(101) TOURIST TRAILER, means a trailer capable of being used for the temporary living,
sleeping or eating accommodation of persons (notwithstanding that its running gear is or
may be removed).
(102) TOURIST VEHICLE, means a self-propelled vehicle capable of being used for the
temporary living, sleeping or eating accommodation of persons. This definition may
include a bus, motor home, truck or van.
REVISED: 15 June 2004
22
)
)
SECTION 2(103)
DEFINITIONS
(103)
TRAILER, means any vehicle designed to be towed by a motor vehicle.
(104)
TRUCK TERMINAL, means a location where more than one (1) commercial motor
vehicle with a gross weight exceeding 4,500 kilograms is parked for any period of time
and may include a warehouse for the storing or transferring of any goods or materials,
brought to that location, for distribution elsewhere. This definition excludes any other use
or location defined herein.
(105) USE, when used as a noun, means the purpose for which a lot, building or structure, or
any combination thereof, is designed, arranged, occupied or maintained.
"Uses" shall have a corresponding meaning.
"Use" (when used as a verb), "used" and "to use" shall have corresponding meanings.
(a)
ACCESSORY USE, means a use which is incidental, subordinate and exclusively
devoted to a main building, main structure or main use and located on the same lot
therewith.
(b)
MAIN USE, means the principal use of a lot.
(106)
VEHICLE, means an all-terrain vehicle, an automobile, a boat, a commercial motor
vehicle, a farm implement, a motorcycle, a snowmobile, a truck, a tourist vehicle or a
trailer.
(107)
VEHICLE AGENCY, means an establishment having as its main use the storage of
vehicles for sale, rent or lease. Accessory uses may include facilities for the repair or
maintenance of vehicles.
(108)
WAREHOUSE, means a building or part of a building used only for the bulk storage of
goods, wares, merchandise or materials and accessory office space and shall include a
wholesale establishment.
REVISED: 15 June 2004
23
)
)
SECTION 2(109)
DEFINITIONS
(109) WATERBODY, means any natural watercourse or canal, other than a drainage ditch or
irrigation channel.
(110) WATER SETBACK, means the straight line horizontal distance from a high water mark
of a waterbody to the nearest part of any excavation, building, structure or open storage
area on the lot.
(111) WAYSIDE PIT, means a temporary open excavation made for the removal of any soil,
earth, clay, marl, sand, gravel or unconsolidated rock or mineral, opened and used by a
public authority solely for the purpose of a particular project or contract of construction.
(112) WAYSIDE QUARRY, means a temporary open excavation made for the removal of any
limestone, sandstone, shale or consolidated rock or mineral, opened and used by a public
authority solely for the purpose of a particular project or contract of construction.
(113) YARD, means a space, appurtenant to a building, structure or excavation, located on the
same lot as the building, structure or excavation, and which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings, structures or
uses as are specifically permitted.
(a)
FRONT YARD: means a yard located between the front lot line and the nearest
part of any excavation or main building on the lot and extending across the full
width of the lot.
(b)
FLANK YARD: means a yard located between a flank lot line and the nearest
part of any excavation or main building on the lot and extending for the full length
of such flank lot line, but excluding any front yard.
(c)
REAR YARD: means a yard located between a rear lot line and the nearest part
of any excavation or main building on the lot and extending for the full length of
such rear lot line, but excluding any front yard or flank yard.
24
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)
SECTION 2(113)(d)
DEFINITIONS
(d)
SIDE YARD: means a yard located between a side lot line and the nearest part of
any excavation or main building on the lot and extending for the full length of such
side lot line, but excluding any front yard, flank yard or rear yard.
(114) ZONE, means a designated area of land use shown on Schedule A hereto and includes any
special zone used in this By-law.
(115) ZONE PROVISION, means any provision of this By-law which is listed under the
heading "ZONE PROVISIONS" and includes anything contained in Section 3 hereof
which is applicable to the zone or use.
(116) ZONED AREA, means all the lands within the corporate limits of the Township of
Harley.
(117) ZONING ADMINISTRATOR, means the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
REVISED: 15 June 2004
25
)
)
)
SECTION3
GENERAL PROVISIONS
(1)
ACCESSORY USES
Any use, building or structure which is accessory to a pennitted use in a zone shall be
permitted in such zone, except that none of the following accessory uses shall be permitted
in any zone unless such use is listed as a permitted use in such zone: an accessory
manufacturing use; a building or portion thereof used for human habitation; a disposal use;
a fuel pump island or a private fuel pump island; a livestock building; a marine facility;
any occupation for gain or profit within or accessory to a dwelling unit or accessory to a
farm; and an open storage area.
(2)
ACCESS REGULATIONS
No person shall erect any building or structure in any portion of the Zoned Area unless the
lot upon which such building or structure is to be erected fronts on and has access to an
Improved Street.
(a)
EXISTING LOT:
The above provisions shall not apply to an existing lot, created in accordance with
the Planning Act, which does not front on an Improved Street. For such a lot,
buildings and structures shall be permitted in accordance with the approved use and
the zone provisions for the zone in which the lot is located.
(b)
EXISTING BUILDINGS AND STRUCTURES:
The above provision shall not apply to a lot which does not front on an Improved
Street, but contains a legally existing building or structure. For such existing
buildings or structures, their rebuilding or repair shall be permitted in accordance
with Section 3(15) and accessory buildings and structures may be permitted in
accordance with Section 3(1).
(c)
REGISTERED PLAN OF SUBDIVISION:
The above provision shall not apply to a lot on a registered plan of subdivision,
registered subsequent to the 16th day of December 1985 where an Agreement,
containing a provision for municipal assumption and ownership of roadways has
been signed and registered on title, between the developer and the Corporation.
REVISED: 15 June 2004
26
)
)
SECTION 3(3)
GENERAL PROVISIONS
(3)
ADDITION TO OR CHANGE OF EXISTING USE
When a building or structure has insufficient parking spaces, or if the planting strip was
not adequate on the 16th day of December 1985 to comply with the requirements herein,
this By-law shall not be interpreted to require that the deficiency or inadequacy be made
up prior to the construction of any addition if such addition does not increase the building
area of such building or structure by more than 10%. However, no addition which
increases the building area by more than 10 % , and no change of use may occur if the
effect of an addition or change of use would be to increase such deficiency or inadequacy.
(4)
CONSTRUCTION USES
(5)
A building or structure incidental to construction on a lot where such building or structure
is situated shall be permitted in any portion of the Zoned Area but, only for as long as it
is necessary for the work in progress and until the work is completed or abandoned.
"Abandoned" in this subsection means the failure to proceed expeditiously with the
construction work or the failure to undertake any construction work during any continuous
six (6) month period.
DWELLING UNITS
(a)
WCATION IN PRIVATE GARAGE:
No dwelling unit shall be located in a private garage.
(b)
WCATION IN CELLAR:
No dwelling unit shall be located in the cellar of any Non-Residential building. No
part of any dwelling unit except a bedroom, furnace room, laundry room,
recreation room, storage room, washroom or similar room shall be located in the
cellar of a Residential building.
REVISED: 15 June 2004
27
)
SECTION 3(5)(c)
(c)
WCATION IN BASEMENT:
GENERAL PROVISIONS
No dwelling unit shall be located in the basement of a Non-Residential building.
A dwelling unit may be located in the basement of a Residential building, provided
that the finished floor level of such basement is not more than 1.0 metres below
finished grade.
(6)
GRAVEL PITS AND STONE QUARRIES
No gravel pit or stone quarry shall be established or made in any portion of the Zoned
Area except in a zone where such use is a permitted use. No gravel pit or stone quarry
shall be established or made in any landscaping area or planting strip required by this
By-law.
(7)
GROUP HOMES ·
A group home is only permitted within a detached dwelling house and must be spaced at
least 300 metres from another similar facility.
(8)
HEIGHT EXCEPTIONS
The building height provisions of this By-law shall not apply to the following uses:
a barn;
a belfry;
a bridge;
a bulk storage tank;
a chimney;
a church spire;
REVISED: 15 June 2004
28
)
_)
)
SECTION 3(8)
a communications tower;
a com crib;
a drying elevator;
an electric power facility other than a building;
a farm implement shed;
a feed or bedding storage use;
a fire tower station;
a flagpole;
a forestry tower;
a piece of heating, cooling or ventilating equipment;
a power transmission tower;
a radio or television antenna;
a railroad signal;
a railroad switching tower;
a silo;
a skylight;
a solar panel;
a stack; and
a windmill.
REVISED: 15 June 2004
29
GENERAL PROVISIONS
)
)
)
SECTION 3(9)
GENERAL PROVISIONS
(9)
HOME INDUSTRIES AND RURAL HOME OCCUPATIONS
No home industry or rural home occupation shall be permitted in any portion of the Zoned
Area unless such home industry, or rural home occupation complies with the following
provisions:
(a)
EMPLOYMENT:
Not more than three (3) persons, other than an occupant of the premises, shall be
employed in the home industry.
(b)
ADVERTISING:
(c)
There shall be no external display or advertising, other than a lawful sign, to
indicate to persons outside that any part of the lot is being used for a home industry
or a rural home occupation purpose.
USES PROHIBITED:
No home industry or rural home occupation shall be permitted which interferes
with television or radio reception. As well, the home industry, or rural home
occupation, shall not create or become a public nuisance, in particular, in regard
to noise, traffic or parking.
(10)
HOME OCCUPATIONS AND HOME PROFESSIONS
No home occupation or home profession shall be permitted in any portion of the Zoned
Area unless such home occupation or home profession complies with the following
provisions:
(a)
SIZE:
Not more than 25 % of the dwelling unit area shall be used for the purpose of home
occupation or home profession uses.
REVISED: 15 June 2004
30
)
SECTION 3(10)(b)
(b)
ACCESSORY BUILDINGS:
GENERAL PROVISIONS
No accessory building shall be erected, altered or used for the purposes of a home
occupation or home profession.
(c)
SALES OR RENTAL:
On any lot containing a home occupation, there shall be no goods, wares or
merchandise, other than those which are part of the home occupation, offered or
exposed for sale or rent on such premises.
(d)
EMPWYMENT AND OCCUPANCY:
No person, other than an occupant of the dwelling unit containing the home
occupation or home profession, shall be engaged in the home occupation or home
profession, except that one (1) person, other than an occupant of a dwelling unit
containing a home profession, shall be permitted.
(e)
ADVERTISING:
There shall be no external display or advertising, other than a lawful sign, to
indicate to persons outside that any part of the dwelling house, dwelling unit or lot
is being used for a purpose other than a residential use.
(t)
OPEN STORAGE AREA:
No part of any lot containing a home occupation or home profession shall be used
as an open storage area accessory to that home occupation or home profession use.
(g)
USES PROHIBITED:
No home occupation or home profession shall be permitted which interferes with
television or radio reception. As well, the home occupation or home profession
shall not create or become a public nuisance, in particular, in regard to noise,
traffic or parking.
'\
REVISED: 15 June 2004
)
31
)
)
)
SECTION 3(11)
GENERAL PROVISIONS
(11)
ILLUMINATION
Lighting fixtures, which are not public uses and which are designed for exterior
illumination, shall be installed with the light directed downward and deflected away from
adjacent lots and streets. Such lighting fixtures shall not be more than 9.0 metres above
ground and no closer than 4.5 metres to any street line.
(12)
LOTS CONTAINING MORE THAN ONE USE
(13)
Where a lot contains more than one use, the lot area requirement shall be the sum of the
requirements for the separate uses thereof, but the lot frontage requirement shall be no less
than the greater of the lot frontage requirements for each individual use in the zone where
such lot is located.
Where a building, structure or lot accommodates more than one use, the parking space
requirements for such building, structure or lot shall be the sum of the requirements for
the separate use thereof.
LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-law for the zone where such portion of the lot
is located. Each such portion of the lot shall be considered as a separate lot for the
purpose of determining zone provisions.
(14)
LOTS REDUCED BY ROAD CONSTRUCTION
Notwithstanding any other provision of this By-law, where, for the purpose of laying out
a road, a road widening, or a road realignment, the Corporation, or the Province, acquires
a portion of a lot which contains a building, then the remaining portion of the lot and any
building thereon shall be deemed to comply with the provisions of this By-law, provided
any reduction in a required building setback is not greater than 75 % of the minimum
setback required by this By-law and, provided that the lot area provision and the building
situated thereon were lawful prior to the date of such acquisition.
REVISED: 15 June 2004
32
)
)
SECTION 3(15)
GENERAL PROVISIONS
(15)
NON-COMPLYING BUILDINGS, STRUCTURES AND LOTS
(a)
ALTERATIONS TO NON-COMPLYING BUILDINGS AND STRUCTURES:
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation,
repair or replacement of an existing, non-complying building or structure provided
such enlargement, reconstruction, renovation, repair or replacement shall not:
reduce the dwelling unit area of any dwelling unit if it is less than the applicable
minimum dwelling unit area required herein;
increase the number of dwelling units in the replacement building over those of the
original number of dwelling units;
increase the portion of the lot area covered by building envelopes if such coverage
exceeds the applicable maximum building area permitted herein;
reduce the size of any yard adjoining that portion of such building or structure
which is less than the applicable minimum building setback required herein;
reduce the distance between building envelopes if such distance is less than the
applicable minimum building separation required herein;
increase the overall vertical dimension of such building or struGture if such
dimension exceeds the applicable maximum building height permitted herein;
reduce the gross floor area of any building or structure if it is less than the
applicable minimum gross floor area required herein;
increase the net floor area of any building or structure if it exceeds the applicable
maximum net floor area permitted herein;
reduce the portion of the lot used for landscaping purposes if such portion is less
than the applicable minimum landscaping area required herein;
reduce the size of any planting strip required herein; or
contravene any other zone provisions.
REVISED: 15 June 2004
33
)
)
SECTION 3(15)(b)
GENERAL PROVISIONS
(b)
USE OF UNDERSIZED VACANT WTS:
Nothing in this By-law shall prevent the use of a vacant lot which has a lesser lot
area and/or lot frontage than the applicable minimum lot area and/or minimum lot
frontage required herein provided such lot is an existing lot as defined herein, the
proposed use of such lot is a permitted use and the proposed use shall not
contravene any other zone provisions. Nothing in this By-law shall prevent the use
of a vacant lot created by expropriation or street widening or realignment which
has a lesser area and/or frontage than the applicable minimum lot area and/or
minimum lot frontage required herein.
(16)
NON-CONFORMING BUILDINGS AND STRUCTURES
(a)
(b)
REBUILDING, REPAIR OR REPLACEMENT PERMITTED:
Nothing in this By-law shall prevent the rebuilding, repair or replacement of an
existing non-conforming building or structure that is damaged or destroyed
subsequent to the 16th day of December 1985, provided that the external
dimensions, excluding building height, of the original building or structure are not
increased, the size and number of dwelling units of the original building are not
increased and the use of the building or structure is not altered, unless altered to
a permitted use.
STRENGTHENING PERMITTED:
Nothing in this By-law shall prevent the strengthening to a safe condition of an
existing non-conforming building or structure, provided that the external
dimensions of the original building or structure are not increased and the use of the
building or structure is not altered, unless altered to a permitted use.
(17)
OBNOXIOUS USES
No person shall within the Zoned Area use any lot or erect, alter or use any building or
structure for an animal or fish glue manufacturing use; a blood boiling use; a fowl-killing
establishment; a gas manufacturing use; a noxious use; or a tannery.
REVISED: 15 June 2004
34
)
)
SECTION 3(18)
GENERAL PROVISIONS
(18)
OCCUPANCY OF PARTIALLY COMPLETED DWELLING HOUSES
No dwelling house shall be used for human habitation before the main walls and roof have
been erected, the external roofing and siding have been completed, and services and
utilities have been installed and are operable.
(19)
PARKING AREA REGULATIONS
(a)
SIZE:
(b)
(c)
Each parking space shall be at least 6.0 metres long, 3.0 metres wide and have a
vertical clearance of at least 2.0 metres.
LOCATION:
The required·parking area shall not form part of any street. The required parking
area shall be provided on the lot occupied by the buildings, structures or use for
which the said parking area is required. No part of any parking space shall be
located closer to any front lot line than 2.0 metres and to any side lot line than the
minimum required side yard setback for that zone.
ACCESS:
Access to parking spaces shall be by means of a driveway at least 3.5 metres wide
contained within the lot on which the parking spaces are located and leading to an
adjacent Improved Street.
(d)
SURFACE:
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles.
REVISED: 15 June 2004
35
)
. )
SECTION 3(19)(e)
GENERAL PROVISIONS
(e)
RESTRICTIONS FOR RESIDENTIAL USES:
No person shall use any parking area or parking space required for a residential use
to park a vehicle, unless such vehicle bears a vehicle license plate or sticker which
is currently valid.
(20)
PLANTING STRIPS
(a)
SIZE:
(b)
Each planting strips shall be at least 3.0 metres wide and have a vertical dimension
of at least 1.5 metres, unless otherwise specifically set out in a zone.
INTERRUPTION FOR DRIVEWAY OR WALKWAY:
Where a driveway or walkway extends through a planting strip, it shall be
permissible to interrupt the planting strip within 3.0 metres of the edge of such
driveway or within 1.5 metres of the edge of such walkway.
(21)
PUBLIC USES
(a)
STREETS AND INSTALLATIONS:
Nothing in this By-law shall prevent the use of land for a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main,
pipeline, lighting fixture, overhead or underground electrical or telephone line or
other supply line or communication line or structure clearly ancillary to the
foregoing, provided that the location of such street, main, line, fixture or structure
has been approved by the Corporation. Notwithstanding the generality of the
foregoing, this approval by the Corporation shall not be required for any public
works project which has been authorized pursuant to the Environmental Assessment
Act.
REVISED: 15 June 2004
36
)
J
SECTION 3(2l)(b)
(b)
ZONES WHERE PERMITTED:
GENERAL PROVISIONS
Except as provided in clause (a) hereof, the only public uses pennitted in a specific
zone shall be those public uses listed as pennitted uses in the said zone.
(22)
SETBACKS FROM SPECIAL USES
(a)
LANDFILL SITES:
No use of any land adjacent to property containing a landfill site shall be pennitted
within 30.0 metres of a property line.
(b)
PIPELINE RIGHTS-OF-WAY:
No building, structure or excavation shall be allowed on a pipeline right-of-way.
All pennanent buildings, structures and excavations shall be set back 20.0 metres
from the right-of-way. In addition, no person shall undertake exploration within
40.0 metres of a pipeline or any works connected therewith.
(c)
RAIL RIGHTS-OF-WAY:
No use of any land adjacent to a rail right-of-way shall be pennitted within 30.0
metres of the right-of-way.
(d)
STREET SETBACKS:
No person shall erect any building in any portion of the Zoned Area, unless such
building complies with the following street setback requirements:
Provincial Highway:
- 23.0 metres,
plus the minimum front building setback required for such use in the zone
where it is located.
Secondary Highway:
- 13.0 metres,
plus the minimum front building setback required for such use in the zone
where it is located.
REVISED: 15 June 2004
37
)
SECTION 3(22)(d)
GENERAL PROVISIONS
Township Road:
- 10.0 metres,
plus the minimum front building setback required for such use in the zone
where it is located.
(e)
WATER SETBACKS:
No building or structure other than a marine facility, a building or structure
accessory to flood or erosion control, a building or structure normally associated
with watercourse protection works or bank stabilization projects, or a hydro
electric project shall be located closer than 30.0 metres to the high water mark of
a waterbody.
(23)
SIGHT TRIANGLES
(a)
(b)
SIZE:
The distance from the point of intersection of the street lines shall be 9.0 metres.
USES PERMITTED:
Within any area defined as a sight triangle, the following uses shall be prohibited:
a building, structure or use which would obstruct the vision of drivers of motor
vehicles;
a fence, tree, hedge, bush or other vegetation, the top of which exceeds 1.0 metre
in height above the elevation of the street;
any portion of a parking space;
a berm or other ground surface which exceeds the elevation of the street by more
than 0.5 metre; and
a sign, other than a pole sign, the body of which is not less that 2.0 metres above
the elevation of the centreline of the street.
REVISED: 15 June 2004
38
)
)
SECTION 3(24)
GENERAL PROVISIONS
(24)
SIGNS
Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign,
provided such sign complies with the by-laws of the Corporation regulating signs and
provided such sign is not located in a sight triangle except as provided in Section 3(23).
(25)
STORAGE OF SPECIAL VEIDCLES
(a)
VEHICLES PERMITTED:
(b)
(c)
No person shall use any lot where a residential use is permitted, unless a home
industry use is also permitted, for the purpose of parking or storing more than: two
boats; one tourist vehicle; three snowmobiles; and one tourist trailer.
YARDS WHERE PERMITTED:
In a zone where a residential use is permitted, the storage of a boat, tourist vehicle,
snowmobile or tourist trailer shall only be permitted in a garage, carport or other
building and not in any parking space or sight triangle, however, such vehicles may
be parked in a rear yard, but no closer than 5.0 metres to any lot line.
STORAGE OF CONSTRUCTION TYPE EQUIPMENT AND VEHICLES:
The use of land for the storage of construction type equipment and vehicles shall
only be permitted where the subject land is zoned for a construction business or an
equipment rental business.
(26)
SATELLITE DISHES, TELEVISION AND RADIO ANTENNAE
(a)
USES PERMITTED:
A satellite signal broadcast receiving dish, television and radio antennae and their
supporting towers are permitted in all zones.
REVISED: 15 June 2004
39
)
)
SECTION 3(26)(b)
(b)
LOCATION:
GENERAL PROVISIONS
Radio and television antennae and their supporting towers may be located in all
parts of rear and side yards, but no part of any such structure may be extended
beyond the limits of the lot upon which it is erected.
A satellite signal broadcast receiving dish shall be permitted only in rear yards,
provided such dishes are not located closer to any lot line than a distance equal to
the greater of the diameter of the satellite signal broadcast receiving dish or the
minimum yards required for a residential dwelling in the zone.
(c)
HEIGHT:
When located on lands where a residential use is permitted, satellite signal
broadcast receiving dishes may be located on the roof of a building, but the height
may not exceed the height limits of the zone in which the building is located. This
restriction shall not apply to federally licensed installations.
(27)
SWIMMING POOLS
(a)
LOCATION IN RESIDENTIAL AREAS:
Where a single detached dwelling house is permitted, a swimming pool may be
erected and used in a side yard or rear yard provided no interior wall surface of
any such swimming pool shall be located closer than 5.0 metres to any side lot line
or rear lot line.
No water circulating or treatment equipment such as pumps of filters shall be
located closer than 5. 0 metres to any side lot line or rear lot line.
(b)
BUILDING AREA EXEMPTION:
A swimming pool shall be considered as part of the building area unless no part of
the swimming pool or its railing protrudes more than 1.5 metres above the ground
level surrounding the swimming pool.
: 15 September 2004
REVISED: 15 June 2004
40
)
)
)
SECTION4
ZONES
(1)
ZONE CLASSIFICATION
For the purpose of this By-law, all lands within the Zoned Area are divided into zones and
are classified as Institutional, Industrial or Restricted zones. Following each zone name
is a corresponding alpha-numeric symbol referred to herein as a "zone symbol".
(a)
INSTITUTIONAL ZONES:
Institutional zone
11
(b)
INDUSTRIAL ZONES:
(c)
General Industrial zone
M 1
Extractive Industrial zone
M2
Disposal Industrial zone
M3
Utilities Industrial zone
M4
RESTRICTED ZONES:
Environmental Protection zone
El
Agriculture zone
Al
Rural zone
A2
(2)
ZONE SYMBOLS
The zone symbols listed in Section 4(1) hereof may be used to refer to buildings and
structures, and the uses of lots, buildings and structures permitted in this By-law in the said
zones, and whenever in this By-law the word "zone" is used, preceded by any of the said
zone symbols, such reference shall mean any portion of the Zoned Area delineated on
Schedule A and designated thereon by the said zone symbol.
(3)
ZONE BOUNDARIES
The extent and boundaries of all zones and special zones are shown on Schedule A hereto.
When determining the location of a zone boundary on Schedule A or on any schedule
which amends Schedule A, the following provisions shall apply:
REVISED: 15 June 2004
41
)
)
./
SECTION 4(3)(a)
ZONES
(a)
CORPORATION BOUNDARIES:
All boundaries of the Corporation shall be zone boundaries.
(b)
TOWNSHIP LOT OR CONCESSION LINES:
A zone boundary indicated as approximately following a Township lot line or
concession line shall be deemed to follow such Township lot line or concession
line.
(c)
STREET LINES:
(d)
(e)
A zone boundary indicated as approximately following a street line shall be deemed
to follow such street line.
RIGHTS-OF-WAY:
A zone boundary indicated as approximately following a right-of-way for a private
road, railroad, power line, pipeline, etc., shall be deemed to follow such
right-of-way.
SHORELINES:
A zone boundary indicated as approximately following a shoreline of a waterbody
shall be deemed to be the high water mark of such waterbody as of the 161h day of
December 1985.
(I)
SUBDIVISION LOT LINES:
A zone boundary indicated as approximately following a lot line on a plan of
subdivision shall be deemed to follow such lot line.
(g)
OTHER PROPERTY LINES:
A zone boundary indicated as approximately following any other property line shall
be deemed to follow such property line.
REVISED: 15 June 2004
42
)
)
)
SECTION 4(3)(h)
ZONES
(h)
DIMENSIONS AND MEASUREMENTS:
If the location of a zone boundary cannot be determined using any of the preceding
methods, its location shall be according to the dimensions shown on the schedule.
If such dimensions are not shown, its location shall be as measured on the schedule
at the original size and scale of such schedule.
(4)
PERMITTED USES AND ZONE PROVISIONS
(5)
For each zone listed in Section 4(1) hereof, there shall be a section of this By-law which
sets out the permitted uses and the zone provisions for such zone.
SPECIAL ZONES
Where a zone symbol is followed by a dash and a number (for example "Ml-I"), this
denotes a special zone. The permitted uses and the zone provisions for such special zone
shall be set out in subsections of the section of this By-law applicable to the said zone
symbol.
REVISED: 15 June 2004
43
)
)
SECTIONS
INSTITUTIONAL (11) ZONE
(1)
USES PERMITTED
(2)
No person shall within any 11 zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following 11 uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house, in association with a place of worship;
an accessory dwelling unit, in association with a place of worship.
(b)
NON-RESIDENTIAL USES:
an auditorium;
a cemetery;
a fire hall;
a municipal yard;
a municipal office;
a place of worship;
a public park;
a recreation facility.
ZONE PROVISIONS
No person shall within any 11 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
-2,000.0 square metres
(b)
LOT FRONTAGE (minimum):
-25. 0 metres
(c)
DWELLING UNITS PER LOT (maximum):
-1 only
(d)
BUILDING AREA (maximum):
-50%
(e)
BUILDING SETBACK, FRONT (minimum):
-25.0 metres
REVISED: 15 June 2004
44
)
_)
.)
SECTION 5(2)(0
(t)
BUILDING SETBACK, FLANK (minimum):
(g)
BUILDING SETBACK, REAR (minimum):
(h)
BUILDING SETBACK, SIDE (minimum):
(i)
BUILDING SEPARATION (minimum):
(j)
BUILDING HEIGHT (maximum):
(k)
DWELLING UNIT AREA (minimum):
0)
LANDSCAPING AREA (minimum):
(m)
ENTRANCES PER LOT (maximum):
(n)
ENTRANCE SETBACK (minimum):
(o)
PARKING SPACES (minima):
(i)
auditorium; municipal office;
or place of worship
(ii)
other Non-Residential uses
(iii)
Residential uses
(p)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(3)
USES PERMITTED IN 11-1 ZONES
11 ZONE
-25.0 metres
-7.0 metres
-7.0 metres
-3.0 metres
-10.0 metres
-75.0 square metres
-20%
-2
- 10.0 metres
- 1 for each 50.0 square
metres of net floor
area or portion thereof
-nil
-1 per lot
On any lands designated 11-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except in accordance with Section
5(1) hereof.
REVISED: 15 June 2004
45
)
)
SECTION 5(4)
(4)
ZONE PROVISIONS FOR 11-1 ZONES
11 ZONE
On any lands designated 11-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 5(2) hereof, except as provided for herein:
(a)
BUILDING SETBACK, FRONT (minimum):
(b)
BUILDING SETBACK, REAR (minimum):
(c)
BUILDING SEPARATION (minimum):
REVISED: 15 June 2004
46
- 6.0 metres
- 1.0 metres
- nil
)
)
SECTION6
GENERAL INDUSTRIAL (Ml) ZONE
(1)
USES PERMITTED
No person shall within any Ml zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following Ml uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
an automobile service station;
a blending operation;
a body shop;
a building contractor's shop;
a bulk storage tank;
a business office;
a commercial garage;
a convenience store, attached to an automobile service station or fuel bar;
an equipment storage building;
a factory outlet;
a feed mill;
a fuel bar;
a fuel pump island;
a grain elevator;
a private fuel pump island;
a maintenance garage;
a manufacturing plant;
a market place for farm produce;
an open storage area;
a restaurant;
a retail store, accessory to a Ml permitted use;
a truck terminal;
a vehicle agency;
a warehouse.
REVISED: 15 June 2004
47
)
)
SECTION 6(2)(n)
Ml ZONE
(n)
PARKING SPACES (minima):
(i)
automobile service station; or fuel bar
(ii)
body shop; commercial garage;
maintenance garage; or vehicle agency
(iii)
manufacturing plant
(iv)
retail store
(v)
warehouse
(vi)
other Non-Residential uses
- 5 per lot
- 1 for each 5. 0 square
metres of gross floor
area or portion thereof
- 1 for each 40.0 square
metres of net floor
area or portion thereof
- 1 for each 50.0 square
- 1 for each 100.0 square
metres of net floor
area or portion thereof
- the greater of: 5 per lot;
or 1 for each 100.0 square
metres of gross floor
area or portion thereof
(o)
FUEL PUMP ISLAND OR PRIVATE FUEL PUMP ISLAND WCATION:
No part of any fuel pump island or private fuel pump island shall be located closer
than 6.0 metres to any street line, or 5.0 metres to any other lot line.
(p)
OPEN STORAGE AREA REGULATIONS:
No open storage area shall be permitted except in accordance with the following
provisions:
(i)
no open storage area shall be permitted in a front yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear yard adjacent to a rear lot
line of such lot which abuts a lot having a residential use situated thereon;
(iii)
no open storage area shall be permitted in a side yard adjacent to a side lot
line of such lot which abuts a lot having a residential use situated thereon;
(iv)
every open storage area or lot having an open storage area situated thereon
shall be enclosed by a wall or fence not less than 2.0 metres in height and
constructed of uniform material; and
(v)
no portion of any open storage area for combustible materials shall be
located closer than 6.0 metres to any lot line.
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
REVISED: 15 June 2004
49
)
)
SECTION 6(3)
Ml ZONE
(3)
USES PERMITI'ED IN Ml-1 ZONES
(4)
On any lands designated Ml-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling unit;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES;
a business office;
a fuel bar;
a fuel pump island;
a convenience store, accessory to a fuel bar.
ZONE PROVISIONS FOR Ml-1 ZONES
On any lands designated Ml-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
WT AREA (minimum):
(b)
WT FRONTAGE (minimum):
(c)
DWELLING UNITS PER WT (maximum):
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, FRONT (minimum):
(t)
BUILDING SETBACK, FLANK (minima):
(i)
Highway No. 562
(ii)
Concession Road
- 7,930 square metres
- 2.5 metres
- 1
-5%
- 11.0 metres
- 2.5 metres
- 2.7 metres
REVISED: 15 June 2004
50
)
)
SECTION 6(4)(g)
(g)
BUILDING SEPARATION (minimum):
(h)
BUILDING HEIGHT (maximum):
(i)
DWELLING UNIT AREA (minimum):
(j)
LANDSCAPING AREA (minimum):
(k)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
convenience store
(iii)
other Non-Residential uses
(5)
USES PERMITTED IN Ml-2 ZONES
Ml ZONE
- 3.0 metres
- 10.0 metres
- 75.0 square metres
-50%
- 1 per lot
- 1 for each 50.0 square
metres of gross floor area
or portion thereof
- 3 per lot
On any lands designated Ml-2 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES;
a commercial garage.
(6)
ZONE PROVISIONS FOR Ml-2 ZONES
On any lands designated Ml-2 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
REVISED: 15 June 2004
51
)
)
)
SECTION 6(6)(a)
(a)
WT AREA (minimum):
(b)
WT FRONTAGE (minimum):
(c)
DWELLING HOUSES PER WT (maximum):
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, REAR (minimum):
(f)
DWELLING UNIT AREA (minimum):
(g)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
commercial garage
(7)
USES PERMITTED INMl-3 ZONES
Ml ZONE
- 5,300.0 square metres
- 63.0 metres
- 1
-25%
- 3.0 metres
- 75.0 square metres
- 1 per lot
- 1 for each 50. 0 square
metres of gross floor area
or portion thereof
On any lands designated Ml-3 on Schedule A hereto, nc person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a retail store for sporting goods and firearms;
a repair shop for sporting goods and firearms.
REVISED: 15 June 2004
52
)
SECTION 6(8)
(8)
ZONE PROVISIONS FOR Ml-3 ZONES
Ml ZONE
On any lands designated Ml-3 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum):
(c)
DWELLING HOUSES PER LOT (maximum):
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, FRONT (minimum):
(I)
PLANTING STRIP WIDTH (minimum):
(g)
PARKING SPACES (minimum):
(9)
USES PERMITTED IN Ml-4 ZONES
- 4.0 hectares
- 150.0 metres
- 1
-25%
- 20.0 metres
- 5.0 metres
- 5 per lot
On any lands designated M 1-4 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling unit;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a vehicle agency.
15 September 2004
REVISED: 15 June 2004
53
)
SECTION 6(10)
(10)
ZONE PROVISIONS FOR Ml-4 ZONES
Ml ZONE
On any lands designated Ml-4 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum):
(c)
DWELLING UNITS PER WT (maximum):
(11)
USES PERMITTED IN MI-5 ZONES
- 0. 7 hectares
- 100.0 metres
- 1
On any lands designated Ml-5 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purposes, except one or more of the
. )
following uses:
)
(a)
RESIDENTIAL USES:
an accessory dwelling unit;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a business office;
a commercial garage;
a private fuel pump island;
a vehicle agency.
(12)
ZONE PROVISIONS FOR Ml-5 ZONES
On any lands designated M 1-5 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
REVISED: 15 June 2004
54
)
)
SECTION 6(12)(a)
(a)
BUILDING SETBACK, SIDE (minimum):
(b)
DWELLING UNITS PER WT (maximum):
(13)
USES PERMIITED IN Ml-6 ZONES
Ml ZONE
- 5.0 metres
- 1
On any lands designated M 1-6 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purposes, except one or more of the
following uses:
(a)
RESIDENTIAL USES:
an accessory dwelling unit;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a body shop;
a business office;
a commercial garage;
a vehicle agency.
(14)
ZONE PROVISIONS FOR Ml-6 ZONES
On any lands designated Ml-6 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
BUILDING SETBACK, FRONT (minimum):
(b)
BUILDING SEPARATION (minimum):
(c)
DWELLING UNITS PER WT (maximum):
REVISED: 15 June 2004
55
- 6.0 metres
- 1.5 metres
- 1
)
SECTION 6(15)
(15)
USES PERMITI'ED IN Ml-7 ZONES
Ml ZONE
On any lands designated M 1-7 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purposes, except one or more of the
following uses:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
a commercial garage.
(16)
ZONE PROVISIONS FOR Ml-7 ZONES
On any lands designated M 1-7 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
BUILDING SETBACK, REAR (minimum):
(b)
BUILDING SETBACK, SIDE (minimum):
(c)
PLANTING STRIP WCATION:
(17)
USES PERMITTED IN Ml-8 ZONES
- 6.0 metres
- 5.0 metres
- none
On any lands designated Ml-8 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling unit;
a single detached dwelling· house.
REVISED: 15 June 2004
56
)
)
SECTION 6(17)(b)
(b)
NON-RESIDENTIAL USES:
a business office;
a commercial garage;
a fann;
a home industry;
a vehicle agency.
(18)
ZONE PROVISIONS FOR Ml-8 ZONES
Ml ZONE
On any lands designated Ml-8 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
DWELLING UNITS PER WT (maximum):
(19)
USES PERMI'ITED IN Ml-9 ZONES
- 1
On any lands designated Ml-9 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a body shop;
a commercial garage;
a maintenance garage;
an open storage area.
REVISED: 15 June 2004
57
)
)
SECTION 6(20)
(20)
ZONE PROVISIONS FOR Ml-9 ZONES
Ml ZONE
On any lands designated M 1-9 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
BUILDING SETBACK (minimum):
(b)
DWELLING HOUSES PER LOT (maximum):
(21)
USES PERMITTED IN Ml-10 ZONES
- 3.5 metres
- 1
On any lands designated M 1-10 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
an accessory dwelling house.
(b)
NON-RESIDENTIAL USES:
a contractor's yard;
a home industry.
(22)
ZONE PROVISIONS FOR Ml-10 ZONES
On any lands designated M 1-10 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure unless in accordance with the provisions of Sections
3 and 6(2) hereof, except as provided for herein:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum):
(c)
DWELLING HOUSES PER LOT (maximum):
REVISED: 15 June 2004
58
- 7000.0 square metres
- 130.0 metres
- 1
)
)
SECTION7
EXTRACTIVE INDUSTRIAL (M2) ZONE
(1)
USES PERMITTED
No person shall within any M2 zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following M2 uses, namely:
(a)
RESIDENTIAL USES:
(b)
prohibited.
NON-RESIDENTIAL USES:
an asphalt plant;
an equipment storage building;
a gravel pit;
an open storage area;
a private fuel pump island;
a stone quarry;
a wayside pit;
a wayside quarry.
(2)
ZONE PROVISIONS
No person shall within any M2 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
WT FRONTAGE (minimum):
(b)
BUILDING AREA (maximum):
(c)
BUILDING SETBACK, FRONT (minimum):
(d)
BUILDING SETBACK, FLANK (minimum):
(e)
BUILDING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory buildings
REVISED: 15 June 2004
59
- 200.0 metres
-60%
- 10.0 metres
- 10.0 metres
- 15.0 metres
- 5.0 metres
)
.)
SECTION 7(2)(0
EXTRACTIVE INDUSTRIAL (M2) ZONE
(0
(g)
(h)
(i)
(j)
BUILDING SETBACK, SIDE (minimum):
- 10.0 metres
BUILDING SEPARATION (minimum):
-5.0 metres
BUILDING HEIGHT (maximum):
- 10.0 metres
LANDSCAPING AREA (minimum):
-30%
PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of a front lot line which abuts
a zone other than a M2 zone.
(k)
ENTRANCE SETBACK (minimum):
- 10.0 metres
0)
ENTRANCES PER LOT (maximum):
(m)
PARKING SPACES (minima):
(n)
PRIVATE FUEL PUMP ISLAND LOCATION:·
-2
- the greater of: 5 per lot;
or 1 for each 100.0 square
metres of gross floor
area or portion thereof
No part of any private fuel pump island shall be located closer than 20.0 metres to
any street line, or 15. 0 metres to any other lot line.
(o)
OPEN STORAGE AREA REGULATIONS:
No open storage area shall be permitted except in accordance with the following
provisions:
(i)
no open storage shall be permitted in a front yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear yard adjacent to a rear lot
line of such lot which abuts a lot having a residential use situation thereon;
(iii)
no open storage area shall be permitted in a side yard adjacent to a side lot
line of such lot which abuts a lot having a residential use situation thereon;
(iv)
every open storage area or lot having an open storage area situated thereon
shall be enclosed by a wall or fence not less than 2.0 metres in height and
constructed of uniform material, and
(v)
no portion of any open storage area for combustible materials shall be
located closer than 6.0 metres to any lot line.
REVISED: 15 June 2004
60
)
)
)
SECTION 7(2)(p)
EXTRACTIVE INDUSTRIAL (M2) ZONE
(p)
EXCAVATION WCATION:
No part of any excavation for a pit or wayside pit shall be located closer than 30.0
metres to any lot line which abuts a zone other than a M2 Zone.
No part of any excavation for a quarry or wayside quarry shall be located closer
than 70.0 metres to any lot line which abuts a zone other than a M2 Zone.
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
REVISED: 15 June 2004
61
)
)
)
SECTIONS
DISPOSAL INDUSTRIAL (M3) ZONE
(1)
USES PERMI'ITED
No person shall within any M3 zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following M3 uses, namely:
(2)
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
a municipal landfill site;
a salvage yard.
ZONE PROVISIONS
No person shall within any M3 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
BUILDING AREA (maximum):
-10%
(b)
BUILDING SETBACK, FRONT (minimum):
-30. 0 metres
(c)
BUILDING SETBACK, FLANK (minimum):
- 30.0 metres
(d)
BUILDING SETBACK, REAR (minimum):
-30.0 metres
(e)
BUILDING SETBACK, SIDE (minimum):
-30.0 metres
(f)
BUILDING SEPARATION (minimum):
-10.0 metres
(g)
BUILDING HEIGHT (minimum):
-10.0 metres
(h)
LANDSCAPING AREA (minimum):
-30%
REVISED: 15 June 2004
62
SECTION 8(2)(i)
DISPOSAL INDUSTRIAL (M3) ZONE
(i)
PLANTING STRIP WCATION:
(j)
(k)
(I)
(m)
(n)
A planting strip shall be required along any portion of a front lot line and side lot
line which abuts a zone other than a M3 zone.
PLANTING STRIP WIDTII (minimum):
- 7.5 metres
ENTRANCE SETBACK (minimum):
- 10.0 metres
ENTRANCES PER WT (maximum):
-2
PARKING SPACES (minimum):
-2 per lot
FILL AREA WCATION:
No dumping or disposal of any waste material on a municipal landfill site or a
salvage yard shall be permitted within 50.0 metres of any lot line.
(o)
GENERAL PROVISIONS:
)
In accordance with the provisions of Section 3 hereof.
\
,I
REVISED: 15 June 2004
63
)
)
)
SECTION9
UTILITIES INDUSTRIAL (M4) ZONE
(1)
USES PERMITTED
No person shall within any M4 zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following M4 uses, namely:
(a)
RESIDENTIAL USES:
(b)
an accessory dwelling house, accessory to a farm.
NON-RESIDENTIAL USES:
a communications tower;
an electric power substation;
an equipment storage building;
a farm;
a gas metering station;
a gas pumping station;
a gas regulating station;
a telephone switching station.
(2)
ZONE PROVISIONS
No person shall within any M4 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
BUILDING AREA (maximum):
(b)
BUILDING SETBACK, FRONT (minimum):
(c)
BUILDING SETBACK, FLANK (minimum):
(d)
BUILDING SETBACK, REAR (minimum):
(e)
BUILDING SETBACK, SIDE (minimum):
(f)
BUILDING SEPARATION (minimum):
REVISED: 15 June 2004
64
-10%
-20.0 metres
-20. 0 metres
-20. 0 metres
-15.0 metres
-10. 0 metres
SECTION 9(2)(g)
UTILITIES INDUSTRIAL (M4) ZONE
(g)
BUILDING HEIGHT (minimum):
- 10.0 metres
(h)
DWELLING UNIT AREA (minimum):
- 85.0 square metres
(i)
LANDSCAPING AREA (minimum):
-30%
(j)
ENTRANCE SETBACK (minimum):
- 10. 0 metres
(k)
ENTRANCES PER WT (maximum):
- 1
(I)
PARKING SPACES (minimum):
- 2 for each use
(m)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
j
REVISED: 15 June 2004
)
65
)
)
SECTIONlO
ENVIRONMENTAL PROTECTION (El) ZONE
(1)
USES PERMI'ITED
No person shall within any El zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following El uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
an agricultural use, excluding buildings and structures;
a conservation use;
a flood control and erosion use;
a forestry use, excluding buildings and structures;
a marine facility;
a nursery, excluding buildings and structures;
a park, excluding buildings and structures;
a wildlife and fish management area.
(2)
ZONE PROVISIONS
No person shall within any El zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
(b)
(c)
BUILDING AREA (maximum):
BUILDING SEPARATION (minimum):
BUILDING HEIGHT (maximum):
(d)
SPECIAL PROVISIONS:
- 30.0 square metres
- 3.0 metres
- 10.0 metres
No accessory buildings or structures are permitted except a parking lot and a rest
room.
(e)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
REVISED: 15 June 2004
66
)
)
)
SECTION 11
AGRICULTURE(AUZONE
(1)
USES PERMI'ITED
No person shall within any Al zone use any lot or erect, alter or use any building or
structure for any purpose, except one or more of the following Al uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
an accessory mobile home;
a bunkhouse;
a converted dwelling house;
a group home;
a modular dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
an agricultural use;
a commercial greenhouse;
a conservation use;
an equipment storage building;
a forestry use;
a home industry;
a home occupation;
a home profession;
a kennel;
a livestock facility;
a nursery;
a private fuel pump island;
a private home daycare;
a produce building;
a recreational trail, excluding buildings and structures;
a rural home occupation;
a wayside pit;
a wayside quarry.
REVISED: 15 June 2004
67
)
)
SECTION 11(2)
(2)
ZONE PROVISIONS
AGRICULTURE(Al)ZONE
No person shall within any Al zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
- 30. 0 hectares
(b)
LOT FRONTAGE (minimum):
- 350.0 metres
(c)
DWELLING HOUSES PER LOT OTHER THAN
A FARM LOT (maximum):
:. 1 only
(d)
BUILDING AREA (maximum):
-10%
(e)
BUILDING SETBACK, FRONT (minimum):
- 20.0 metres
(0
BUILDING SETBACK, FLANK (minimum):
- 20. 0 metres
(g)
BUILDING SETBACK, REAR (minimum):
- 9.0 metres
(h)
BUILDING SETBACK, SIDE (minima):
(i)
Residential uses
- 5.0 metres
(ii)
Non-Residential uses
-15.0 metres
(i)
BUILDING SEPARATION (minimum):
- 3.0 metres
(j)
BUILDING HEIGHT (maximum):
- 10.0 metres
(k)
DWELLING UNIT AREA (minima):
(i)
mobile home; or bunkhouse
- 65. 0 square metres
(ii)
other Residential uses
- 85.0 square metres
(I)
PARKING SPACES (minima):
(i)
bunkhouse; or group home
- 2 for each use
(ii)
other Residential uses
- 1 for each dwelling house
REVISED: 15 June 2004
68
)
SECTION 11(2)(1)(iii)
AGRICULTURE(Al)ZONE
(iii)
home occupation; rural home occupation;
home profession; or home industry
(iv)
other Non-Residential uses
- the greater of: 2 per lot;
or 1 for each 20.0 square
metres of net floor
area or portion thereof
- nil
(m)
SEPARATION DISTANCES BETWEEN AGRICULTURAL AND
NON-AGRICULTURAL USES:
Where a non-agricultural use is to be built or expanded in close proximity to
existing livestock facilities, or new or expanding livestock facilities are being
constructed and/or expanded near a non-agricultural use, whether existing or
approved for development, the separation distance shall be in accordance with the
Minimum Distance Separation Formulae of the Ministry of Agriculture and Food,
as provided in Schedule B or Schedule C hereto. Notwithstanding any other
provisions herein to the contrary, the Minimum Distance Separation Formulae II
calculated separation distance shall be measured from the nearest point of an
existing vacant lot of record, 1.0 hectares or less in size, to the nearest point of the
proposed livestock facility.
(n)
PRIVATE FUEL PUMP ISLAND WCATION:
No part of any private fuel pump island shall be located closer than 6.0 metres to
any street line, or 5.0 metres to any other lot line.
(o)
CONSENT GIVEN FOR FARM-RELATED RESIDENTIAL WT:
Notwithstanding any provisions of Section 8(2)(a), Section 8(2)(b), Section
8(2)(d), Section 8(2)(g) or Section 8(2)(h) hereof to the contrary, where a consent
is given to create a farm-related residential lot, such lot may be used for a single
detached dwelling house or a modular dwelling house provided the minimum lot
area is 6,000.0 square metres, the minimum lot frontage is 30.0 metres, the
maximum building area is 20%, the minimum rear building setback is 5.0 metres
and the minimum side building setback is 5.0 metres.
(p)
OPEN STORAGE:
No open storage area shall be permitted except in accordance with the following
provisions:
(i)
no open storage area shall be permitted within 10.0 metres to a rear lot line
of such lot which abuts a lot having a residential use situated thereon;
REVISED: 15 June 2004
69
)
)
SECTION 11(2)(p)(ii)
AGRICULTURE(Al)ZONE
(3)
(ii)
no open storage area shall be permitted within 15.0 metres to a side lot line
of such lot which abuts a lot having a residential use situated thereon;
(iii)
no portion of any open storage area for combustible materials shall be
located closer than 20.0 metres to any lot line; and
(iv)
no open storage area shall be permitted on a lot where the main use is
residential.
(q)
EXCAVATION WCATION:
No part of any excavation for a wayside pit shall be located closer than 30.0 metres
to any lot line which abuts a zone other than a M2 Zone.
No part of any excavation for a wayside quarry shall be located closer than 70.0
metres to any lot line which abuts a zone other than a M2 Zone.
(r)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
USES PERMITIED IN Al-1 ZONES
On any lands designated Al-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
a group home;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a home occupation;
a home profession.
15 September 2004
REVISED: 15 June 2004
70
)
)
SECTION 11(4)
(4)
ZONE PROVISIONS FOR Al-1 ZONES
AGRICULTURE(Al)ZONE
On any lands designated Al-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 11(2) hereof, except as provided for herein:
(a)
WT AREA (minimum):
15 September 2004
REVISED: 15 June 2004
- 2,800.0 square metres
71
)
SECTION 12
RURAL (A2) ZONE
(1)
USES PERMITTED
No person shall within any A2 wne use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following A2 uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
an accessory mobile home;
a bunkhouse, related to a farm operation;
a converted dwelling house;
a group home;
a mobile home;
a modular dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
an agricultural use;
a conservation use;
an equipment storage building;
a forestry use;
a home industry;
a home occupation;
a home profession;
a kennel;
a livestock facility;
a nursery;
a recreational trail;
a private fuel pump island;
a private home day care;
a produce building;
a recreational trail;
a rural home occupation;
a truck terminal;
a wayside pit;
a wayside quarry.
REVISED: 15 June 2004
72
)
SECTION 12(2)
(2)
ZONE PROVISIONS
RURAL (A2) ZONE
No persons shall within any A2 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
- 10. 0 hectares
(b)
LOT FRONTAGE (minimum):
- 200.0 metres
(c)
DWELLING HOUSES PER LOT OTHER
THAN A FARM LOT (maximum):
- 1 only
(d)
BUILDING AREA (maximum):
-10%
(e)
BUILDING SETBACK, FRONT (minimum):
- 20.0 metres
(I)
BUILDING SETBACK, FLANK (minimum):
- 20.0 metres
(g)
BUILDING SETBACK, REAR (minimum):
- 9.0 metres
(h)
BUILDING SETBACK, SIDE (minima):
(i)
Residential uses
- 5.0 metres
(ii)
Non-Residential uses
- 15.0 metres
(i)
BUILDING SEPARATION (minimum):
- 3.0 metres
(j)
BUILDING HEIGHT (maximum):
- 10.0 metres
(k)
DWELLING UNIT AREA (minima):
(i)
mobile home; or bunkhouse
- 65. 0 square metres
(ii)
other Residential uses
- 85.0 square metres
(I)
PARKING SPACES (minima):
(i)
bunkhouse; or group home
- 2 for each use
(ii)
other Residential uses
- 1 for each dwelling house
REVISED: 15 June 2004
73
SECTION 12(2)0)(iii)
(iii)
home occupation; home occupation, rural;
home profession; or home industry
(iv)
other Non-Residential uses
RURAL (Al) ZONE
- the greater of: 2 per lot;
or 1 for each 20. 0 square
metres of net floor
area or portion thereof
- nil
(m)
SEPARATION DISTANCES BETWEEN AGRICULTURAL AND
NON-AGRICULTURAL USES:
Where a non-agricultural use is to be built or expanded in close proximity to
existing livestock facilities, or new or expanding livestock facilities are being
constructed and/or expanded near a non-agricultural use, whether existing or
approved for development, the separation distance shall be in accordance with the
Minimum Distance Separation Fonnulae of the Ministry of Agriculture and Food,
as provided in Schedule B or Schedule C hereto. Notwithstanding any other
provisions herein to the contrary, the Minimum Distance Separation Fonnulae II
calculated separation distance shall be measured from the nearest point of an
existing vacant lot of record, 1. 0 hectare or less in size, to the nearest point of the
proposed livestock facility.
(n)
PRIVATE FUEL PUMP ISLAND WCATION:
No part of any private fuel pump island shall be located closer than 6.0 metres to
any street line, or 5.0 metres to any other lot line.
(o)
CONSENT GIVEN FOR RESIDENTIAL WT:
Notwithstanding any provisions of Section 9(2)(a), Section 9(2)(b), Section
9(2)(d), Section 9(2)(g) or Section 9(2)(h) hereof to the contrary, where a consent
is given to create a residential lot, such lot may be used for a single detached
dwelling, modular dwelling house or mobile home provided the minimum lot area
is 6,000.0 square metres, the minimum lot frontage is 30.0 metres, the maximum
building area is 20%, the minimum rear building setback is 5.0 metres and the
minimum side building setback is 5.0 metres.
(p)
OPEN STORAGE:
No open storage area shall be pennitted except in accordance with the following
prov1s1ons:
(i)
no open storage area shall be pennitted within 10.0 metres to a rear lot line
of such lot which abuts a lot having a residential use situated thereon;
REVISED: 15 June 2004
74
)
)
SECTION 12(2)(p)(ii)
RURAL (A2) ZONE
(ii)
no open storage area shall be permitted within 15.0 metres to a side lot line
of such lot which abuts a lot having a residential use situated thereon;
(iii)
no portion of any open storage area for combustible materials shall be
located closer than 20.0 metres to any lot line; and
(iv)
no open storage area shall be permitted on a lot where the main use is
residential.
(q)
EXCAVATIONWCATION:
No part of any excavation for a wayside pit shall be located closer than 30.0 metres
to any lot line which abuts a zone other than a M2 Zone.
No part of any excavation for a wayside quarry shall be located closer than 70.0
metres to any lot line which abuts a zone other than a M2 Zone.
(r)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(3)
USES PERMITTED IN A2-1 ZONES
On any lands designated A2-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose, except one or more of the following
uses:
(a)
RESIDENTIAL USES:
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a home occupation;
a home profession.
15 September 2004
REVISED: 15 June 2004
75
)
)
\
)
SECTION 12(4)
(4)
ZONE PROVISIONS FOR A2-1 ZONES
RURAL(A2)ZONE
On any lands designated A2-1 on Schedule A hereto, no person shall use any lot or erect,
alter or use any building or structure, unless in accordance with the provisions of Sections
3 and 12(2) hereof, except as provided for herein:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum):
(c)
BUILDING AREA (maximum):
(d)
DWELLING UNIT AREA (minimum):
15 September 2004
REVISED: 15 June 2004
76
- 2.0 hectares
- 100.0 metres
-5%
- 110.0 square metres
)
SECTION13
ADMINISTRATION
(1)
ZONING ADMINISTRATOR
This By-law shall be administered by the Zoning Administrator.
(2)
ISSUANCE OF Bun.DING PERMITS AND LICENSES
Notwithstanding any provision of the Building By-law, or any other by-law of the
Corporation to the contrary, no building pennit or license shall be issued where the
proposed building, structure or use would be in violation of any provision of this By-law.
(3)
REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-law shall be accompanied by three (3) copies
of the Corporation's "APPLICATION FOR AMENDMENT TO OFFICIAL PLAN
AND/OR ZONING BY-LAW".
(4)
INSPECTION
(a)
CONDITIONS FOR ENTRY:
Subject to clause (b) of this subsection, the Zoning Administrator, Chief Building
Official or any other officer or employee of the Corporation, acting under the
direction of Council, is hereby authorized to enter, at all reasonable hours, upon
any property or premises for the purpose of carrying out his duties under this
By-law.
(b)
RESTRICTIONS FOR ENTRY OF DWELLING UNITS:
Notwithstanding any provision of clause (a) of this subsection to the contrary, no
official, officer or employee of the Corporation shall enter any room or place being
used as a dwelling unit or part thereof without the consent of the occupant, except
under the authority of a search warrant issued pursuant to the Provincial Offences
Act.
REVISED: 15 June 2004
77
)
)
SECTION 13(5)
ADMINISTRATION
(5)
VIOLATIONS AND PENALTIES
(6)
Every person who contravenes a by-law passed under Sections 34 or 38 or an Order made
under Section 47 and, if the person is a corporation, every director or officer of the
corporation who knowingly concurs in the contravention, is guilty of an offence and, on
conviction is liable, on a first conviction to a fine of not more than Twenty-five Thousand
Dollars ($25,000.00), and on a subsequent conviction to a fine of not more than Ten
Thousand Dollars ($10,000.00) for each day or part thereof upon which the contravention
has continued after the day on which the person was first convicted.
Where a corporation is convicted under the above, the maximum penalty that may be
imposed is on a first conviction a fine of not more than Fifty Thousand Dollars
($50,000.00), and on a subsequent conviction to a fine of not more than Twenty-five
Thousand Dollars ($25,000.00) for each day or part thereof upon which the contravention
has continued after the day on which the corporation was first convicted, and not as
provided above.
If an offence has been committed under a by-law passed under Section 34 or 38, and a
proceeding in respect of the offence is undertaken by the Municipality and a conviction has
been entered, the proceeds of any fine in relation to the offence shall be paid to the
Treasurer of the Municipality. Section 2 of theAdministration of Justice Act and Section
4 of the Fines and Forfeitures Act,· do not apply in respect of the fine.
REMEDIES
Where any building or structure is to be erected or altered, or any part thereof is to be
used, or any lot is to be used, in contravention of any requirement of this By-law, such
contravention may be restrained by action at the instance of any ratepayer, or of the
Corporation, pursuant to the provisions of the Planning Act or the Municipal Act in their
behalf.
REVISED: 15 June 2004
78
)
SECTION 13(5)
(7)
VALIDITY
ADMINISTRATION
If any section, clause or provision of this By-law, including anything contained in
Schedule A attached hereto, 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 to be the intention 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 hereof shall have been declared to be invalid.
)
REVISED: 15 June 2004
79
J
J
)
SECTION 14
REPEALS AND APPROVAL
All by-laws of the Corporation passed under Section 34 of the Planning Act, or a predecessor
thereof are hereby repealed.· These shall include By-law Nos. 1105, 87-03, 87-04, 87-05, 88-04,
89-05, 90-06, 91-06, 91-07, 92-07, 93-04, 93-06, 93-09, 93-10, 94-05, 94-06, 94-07, 94-08, 95-
12, 95-13, 95-15, 97-08, 98-16, 99-10, 99-18, 2000-09, 2000-10, 2000-13 and 2001-14.
This By-law shall become effective on the date hereof subject to:
(i)
the expiration of the time period specified for the filing of objections by the notice
of the passing of this By-law, provided that no notice of objection has been filed
within the time period specified; or
(ii)
the determination or direction of the Ontario Municipal Board where an objection
to the approval of this By-law has been filed within the time period specified in the
notice of the passing of this By-law.
THIS BY-LAW read a first and second time this ........ day of ................... 2004.
THIS BY-LAW read a third time and passed this ........ day of .................... 2004.
Signed:
(Reeve)
(SEAL)
Signed:³´´´´´µ´´´´µ¶
(Clerk)
REVISED: 15 June 2004
80
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ZONE MAP
Schedule A
By Law No. ______
TOWNSHIP OF HARLEY
LEGEND
IMPROVED ROAD
UNIMPROVED ROAD
ZONE BOUNDARY
Ml
ZONE SYMBOL
I1
INSTITUTIONAL
Ml
GENERAL INDUSTRIAL
M2
EXTRACTIVE INDUSTRIAL
M3
DISPOSAL INDUSTRIAL
M4
UTILITIES INDUSTRIAL
El
ENVIRONMENTAL PROTECTION
Al
AGRICULTURE
A2
THIS IS SCHEDULE A TO BY-LAW NO.
RURAL
----- --
PASSED THE _____ .. _ DAY Of
-·-
- - --
, 200,.
{REEVE)
---· -------- ··--
- ------ -··
(SEAL/
{CLERK) . . ----.. ----- ---
-------
([)
METERS
500
0
500
1000
,
The Plantario Group Ltd
9 Crescent Piece - Suite 2109
Toronto. Ontario
M4C 5LS
Phone/ Fax (416) 698-3655
)
)
SCHEDULEB
MINIMUM DISTANCE SEPARATION I
The MDS I is for the purpose of calculating the minimum distance separation for non-agricultural
uses establishing or expanding in proximity to livestock/poultry facilities.
In determining separation distances, measurements are calculated, for proposed industrial,
commercial, institutional, recreational or residential uses created by consent or subdivision, as the
shortest distance between the livestock facility and the area of land use change. If the consent is
for a residential lot and the lot is no greater than the size required to provide private sewerage
(septic) services, (not greater than 1.0 hectare), the measurement is taken as the shortest distance
between the livestock facility and the lot line of the lot being created. However, where larger lots
are proposed, a suitable location must be identified for a building envelope of approximately 1.0
hectare outside the minimum separation distance.
For the purpose of this Schedule, the following definitions shall apply:
(1)
Active Recreational Use means, a recreational use usually with buildings and/or with a
concentration of uses such as golf courses, other playing fields, trailer parks, campgrounds
and conservation areas with facilities.
(2)
Agriculturally Related Commercial / Industrial Uses means, uses directly related to
agriculture and necessary in close proximity to farm operations, such as animal husbandry
services, produce or grain storage facilities, or farm machinery outlets.
(3)
Animal Group means, livestock and poultry grouped according to their manure
production. (See Table 1)
( 4)
Housing Capacity means, the total maximum livestock capacity for the facility at any one
time. (See "Livestock Housing Capacity Tables" provided by the Ministry of Agriculture
and Food.)
(5)
Livestock Unit means, the equivalent values for various types of animals and poultry
based on manure production and production cycles.
(6)
Multiple Residential means, three or more residential units in the same building.
81
l
,1
Schedule B Cont'd
Page2
(7)
Passive Recreation Use means, a recreational use not requiring buildings or not altering
the soil or topography, such as open space and environmental areas.
(8)
Rural Residential Cluster means, four or more adjacent rural residential lots, generally
one hectare or less in size, sharing a common boundary. Lots located directly across a
road from one another shall be considered as having a common boundary.
(9)
Tillable Hectares means, land including pasture that can be worked or cultivated.
(10)
Urban Expansion means outward expansion of cities, towns, villages, or hamlets for such
uses as residential, recreational, institutional, commercial and industrial.
STEP 1 - CALCULATE TOTAL LIVESTOCK UNITS (A)
Column 1
Column2
Column 3
Column 4
TYPE OF LNESTOCK/
HOUSING CAPACITY
NUMBER OF
NUMBER OF
POULTRY
ANIMALS PER
LNESTOCK UNITS
LNESTOCK UNIT
(column 2+column 3)
(from Table 1)
(A) = TOTAL LNESTOCK UNITS (sum of Column 4)
(A)
If there are more than 300 livestock units, reference must be made to a full set of tables available
from the Ministry of Agriculture and Food.
82
)
Schedule B Cont'd
Page3
Animal Group 1
1 Livestock Unit
equals
200 Chicken
Broilers
1 Horse3-
Animal Group 2
1 Livestock Unit
equals
4 Adult Sheep3-
1 Beef Cow'·
(Coofinemem)
10 Feeder Lambs
100 Ducks
5Emu
4 Adult Goats3-
3 Ostrich
500 Pullets
50 Turkeys > 10kg
75 Turkeys s - to kg
100 Turkeys <S kg
TABLEl
ANIMAL GROUPS
Animal Group 3
1 Livestock Unit
equals
1 Beef Cow1- (Yard t
Barn)
2 Beef Feeder (Yard
/Barn)
1 Dairy Cow1-2-
2 Dairy Heifer
(Yard I Barn)
40 Adult Rabbits"·
3 Red Veal <300 kg
125 Chicken
Breeder Layers
75 Turkey Breeder
Layers
Animal Group 4
Animal Group 5
1 Livestock Unit
1 Livestock Unit
equals
equals
80 Adult Mink4·
4 Feeder Hogs
40 Adult Fox4-
5 Sows I boars
125 Caged Layers
20 Weaners 4 - 30 ti
6 White Veal
1. Includes calf to 150 kg; 2- Multiply the number of milking cows by 1.5 to account for dry cows, heifers and calves
on the same farm; 3- Includes offspring until weaned; 4- Includes offspring to market size
STEP 2 - LAND BASE ASSESSMENT (B)
Number of tillable hectares on site
X 5 =
(B) Potential Livestock Units
----
(The maximum answer (B) could be is 150 Livestock Units).
STEP 3 - NUMBER OF LIVESTOCK UNITS
Enter the greater of (A) Total Livestock Units from Step 1, or (B) Potential Livestock Units from
Step 2. Use this figure to enter in Column 1 of Table 2.
STEP 4 - CALCULATION
Using the answer from Step 3 above, read across the appropriate line from Column 1 to the
respective Animal Group (from Table 1 above) and within the appropriate Land Use Type. This
number is the Minimum Distance Separation requirement in metres from a livestock/poultry
facility.
83
)
Schedule B Cont'd
Page4
TABLE2
MINIMUM DISTANCE SEPARATION FROM LIVESTOCK FACILITY
COLUMN 1
TYPE "A" LAND USE
TYPE "B" LAND USE
To permit:
To permit:
-
up to 3 rural residemial lots,
-
residential subdivision
either by coment or by plan of
-
active recreational
subdivision
-
imtitutional
-
the severance of an existing
-
conunercial
dwelling
-
urban expansion
-
passive recreational
-
multiple residemial
-
the building of a dwelling on an
-
or result in a Rural Reaidemial
existing lot of record
Cluster
-
agriculturally related commercial
-
industrial
Greater of Livestock Units (A) or
Animal Group
Animal Group
Potential Livestock Units (B),
from Step 3 above
(1)
(2)
(3)
(4)
(5)
(1)
(2)
(3)
(4)
(5)
I - S
39
42
48
60
85
73
90
112
112
160
10
ss
60
68
85
98
104
128
160
160
183
15
65
70
80
100
115
122
151
188
188
215
20
72
78
89
111
127
135
167
208
208
238
25
78
84
9S
119
136
146
179
224
224
256
30
82
88
101
126
144
154
166
189
237
271
35
86
92
106
132
151
161
173
198
247
283
40
89
96
110
137
157
167
180
206
257
294
45
92
99
113
142
162
173
186
213
266
304
so
9S
102
117
146
167
178
192
219
274
313
ss
98
105
120
150
172
183
197
225
282
322
60
100
108
123
154
176
188
202
231
289
330
65
102
110
126
158
180
192
207
236
295
338
70
105
113
129
161
184
196
211
241
302
345
75
107
115
131
164
188
200
215
246
308
352
80
109
117
134
167
191
204
219
251
313
358
85
111
119
136
170
194
207
223
255
319
364
90
112
121
138
173
198
211
227
259
324
370
9S
114
123
140
176
201
214
230
263
329
376
100
116
125
143
178
204
217
234
267
334
382
110
119
128
146
183
209
223
240
275
343
392
120
122
131
150
188
214
229
246
281
352
402
130
125
134
154
192
219
234
252
288
360
411
140
127
137
157
196
224
239
257
294
368
420
150
130
140
160
200
228
244
262
300
375
428
160
133
143
164
205
234
250
269
307
384
439
170
136
147
168
210
240
256
275
314
393
449
180
139
150
172
214
245
262
282
322
402
460
190
143
154
175
219
251
268
288
329
411
470
200
146
157
179
224
256
273
294
336
420
480
84
)
Schedule B Cont'd
Page5
)
)
210
149
160
183
229
262
279
301
344
429
491
220
152
164
187
234
267
285
'J<17
351
439
501
230
155
167
194
239
273
291
313
358
448
512
240
158
171
195
244
278
297
320
365
457
522
250
162
174
199
248
284
303
326
373
466
532
260
165
177
203
253
290
309
332
380
475
543
270
168
181
2CJ7
258
295
315
339
387
484
553
280
171
184
210
263
301
321
345
395
493
564
290
174
188
214
268
306
327
352
402
502
574
300
177
191
218
273
312
333
358
409
511
584
STEP 5 - CALCULATION
The following table is used to calculate MOS requirements in metres from manure storage
associated with a livestock facility. Using the resulting MOS distance from Table 2, read across
the appropriate line to Column 1,2 3 or 4. Select the distance under the appropriate Land Use
Type. This is the Minimum Distance Separation requirement from the manure storage of a
livestock facility for the establishment of a non-farm use.
For the purpose of Table 3, when calculating the Minimum Distance Separation from a manure
storage area, the following definitions shall apply.
Column 1 means a roofed or covered storages for manure, runoff, and milkhouse washwater.
Includes any covered or roofed concrete, steel or earthen storages, in-barn solid manure packs and
storages under fully slatted floors.
Column 2 means an open solid manure pile on concrete slab. Includes the runoff storages
(concrete or earthen) used for capturing seepage liquids from solid manure storage or runoff
liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage
is a concrete or steel tank and column 4 when runoff storage is earthen. Milkhouse washwater
may be added to runoff storage.
Column 3 means an open concrete or steel tanks used for storing liquid manure, milkhouse
washwater, or yard runoff where yard is scraped into storage.
Column 4 means an open earth-sided or earth-sided storage with concrete floor to be used for
storing liquid manure or yard runoff when yard is scraped into storage or mIkhouse washwater.
85
)
Schedule B Cont'd
Page 6
TABLE3
MINIMUM DISTANCE SEPARATION FROM MANURE STORAGE
Distance for
Column 1
Column2
Column 3
Column4
Livestock Facilities
(from Table 2)
Covered Storage
Open Solid and
Open Liquid Tank
Earthen Liquid and
Systems
Runoff Storage
and Runoff Storage
runoff Storage
Systems
Systems
Systems
Type "'A"
Type "'B"
Type "A"
Type "B"
Type -A"
Type -B"
Type "A"
Type -B"
Land Use
Land Use
Land Use
Land Use
Land Use
Land Use
Land Use
Land Use
40
40
-
55
-
119
-
324
-
4S
4S
-
60
.
123
.
326
.
so
so
.
6S
.
127
.
328
.
ss
ss
.
70
.
132
.
331
.
60
60
.
74
.
136
.
333
-
6S
6S
-
79
-
140
-
335
-
70
70
70
84
103
144
241
337
686
1S
1S
1S
89
107
149
246
339
689
80
80
80
94
112
1S3
250
342
691
85
85
85
99
117
1S1
254
344
693
90
90
90
103
122
161
258
346
695
9S
9S
95
108
127
16S
263
348
698
100
100
100
113
132
170
267
351
700
110
110
110
123
141
178
21S
35S
704
120
120
120
133
ISi
187
284
3S9
709
130
130
130
142
161
19S
292
364
713
140
140
140
1S2
171
203
301
368
717
ISO
ISO
1SO
162
180
212
309
373
722
160
160
160
172
190
220
318
377
726
170
170
170
181
200
229
326
382
731
180
180
180
191
209
237
33S
386
73S
190
190
190
201
219
246
343
390
740
200
200
200
210
229
254
3Sl
395
744
210
210
210
220
239
263
360
399
749
220
220
220
230
248
271
368
404
7S3
230
230
230
239
258
280
377
408
1S1
240
240
240
249
268
288
385
413
762
260
260
260
268
287
30S
402
421
771
280
280
280
288
307
322
419
430
780
300
300
300
307
326
339
436
439
788
320
320
320
327
346
3S6
4S3
448
797
340
340
340
346
36S
372
470
4S1
806
360
360
360
366
385
289
487
466
SIS
380
380
380
385
404
406
504
41S
825
400
400
400
404
423
423
S21
483
833
4SO
4SO
4SO
4S3
472
46S
S63
S06
85S
SOO
SOO
SOO
501
S20
S08
60S
528
877
sso
sso
sso
sso
S69
sso
648
5SO
899
)
86
)
__ ,/
)
SCHEDULEC
MINIMUM DISTANCE SEPARATION II
The MDS II is for the purpose of calculating the Minimum Distance Separation for livestock and
poultry facilities establishing or expanding in proximity to non-agricultural uses.
In detennining separation distances, the distance to the nearest neighbour's dwelling is measured
as the shortest distance between the barn or manure storage and the dwelling. Distances to
residential subdivisions, urban areas, areas zoned or designated agriculturally related commercial,
passive recreational, institutional, active recreational or commercial/industrial are measured as the
shortest distance between the barn or manure storage and the land uses noted herein. Distances
to the nearest side lot line, rear lot line and nearest road allowance are measured between the
closest point of the barn or manure storage and the lot line or road allowance.
For the purpose of this Schedule, the following definitions shall apply:
(1)
Active Recreational Use means, a recreational use usually with buildings and/or with a
concentration of uses such as golf courses, other playing fields, trailer parks, campgrounds
and conservation areas with facilities.
(2)
Agriculturally Related Commercial Uses means, uses directly related to agriculture and
necessary in close proximity to fann operations, such as animal husbandry services,
produce or grain storage facilities, or fann machinery outlets.
(3)
Housing Capacity means, the total maximum livestock capacity for the facility at any one
time. (See "Livestock Housing Capacity Tables" provided by the Ministry of Agriculture
and Food.)
( 4)
Institutional Use means, uses such as schools, churches, hospitals, senior complexes.
(5)
Livestock Facilities means, livestock/poultry barns where agricultural animals are housed
and the associated manure storage.
( 6)
Livestock Unit means, the equivalent values for various types of animals and poultry based
on manure production and production cycles.
(7)
Passive Recreation Use means, a recreational use not requiring buildings or not altering
the soil or topography, such as open space and environmental areas.
(8)
Residential Areas means, areas zoned or designated residential.
87
)
)
Schedule C Cont'd
Page 2
(9)
Tillable Hectares means, land including pasture that can be worked or cultivated.
(10)
Urban Area means cities, towns, villages, and hamlets for such uses as residential,
recreational, institutional, commercial and industrial.
STEP 1 - CALCULATE TOTAL LIVESTOCK UNITS
TABLEl
LIVESTOCK UNITS
Type of
Existing
Livestock
Additional
Livestock
Livestock/
Barn
Units
Barn
Units
Poultry
Capacity
Capacity
Total 1
Total 2
STEP 2 - CALCULATE PERCENTAGE INCREASE
Total Barn
Total
Capacity
Livestock
Units
Total 3
Total 2-+ [
] + Total 1-+ [
] X 100 = [
]%
STEP 3 - CALCULATE FACTORS
Factor A: Livestock / poultry to be added. (See Table 3)
Factor B: Total number of livestock units. (See Table 4)
Factor C: Percentage increase. (See Table 5)
Factor A: [
]
Factor B: ._[ __ _.]
Factor C: [
]
----
Factor D: type of manure system (solid = 0.7, liquid = 0.8)
Factor D: f._ __ _.]
STEP 4 - CALCULATE BUILDING BASE DISTANCE (from Factors above)AND
MANURE STORAGE BASE DISTANCE (from Table 5)
Building Base Distance:
(Factor A X Factor B X Factor C X Factor D)
Manure Storage Base Distance from Table 6:
88
Base Distance 'F':[
]
---
Base Distance'S': [. __ _.]
')
Schedule C Cont'd
Page 3
TABLE2
BUILDING BASE DISTANCE
and
MANURE STORAGE BASE DISTANCE
Minimum Distance Separation
Building:
'F'
Manure Storage
'S'
Summary:
Base Distance
[
]
Base Distance
[
]
(Use from above calculation)
(Use from above calculation)
Column 1
Column 2
Column 3
Column4
Column5
Column6
Neighbouring
Factor
Distance "F"
Actual Distance
Distance "S"
Actual Distance
Land Use or
X
X
Boundary
Column 2
Column2
Nearest
1.0
Neighbour's
Dwelling
Areas zoned or
1.0
designated
Agriculturally
Related
Commercial
Use, Passive
Recreational or
Industrial
Areas zoned or
2.0
designated
Residential,
Institutional,
Active
Recreational or
Commercial.
Urban Areas
Nearest Side or
0.2
Rear Lot Line
Nearest Road
0.25
Allowance
(side or front
lot line)
89
.J
)
Schedule C Cont'd
Page 4
Livestock/
Poultry-
Beef
Chicken
Dairy
Duck
Emu
Fox
Goat
Horse
Minic
Ostrich
Rabbit
Sheep
Swine
Turkeys
Veal
Animals per
Livestock Unit
1
1
2
2
125
125
125
200
soo
1
1
2
2
100
s
40
4
10
1
80
3
40
4
10
s
20
4
so
15
15
100
500
6
3
TABLE3
FACTOR 'A'
Barn Odour Potential
Type and Issues
Beef Cow
Beef Cow
Beef Feeders
Beef Feeders
Caged Layers
Caged Layers
Chicken Breeder Layers
Chicken Broilers/Roasters
Pullets (replacement layers)
Milking Cow1· 2·
Milking Cow
Dairy Heifers
Dairy Heifers
Ducks
Emu
Adult Fox'·
Adult Goats3·
Feeder Goats > 20 kg
Horse'·
Adult Mink'·
Ostrich
Adult Rabbits'·
Adult Sheep3·
Feeder Lambs > 20 kg
Sows / Boars
Weaners 4 - 30 kg'·
Feeder Hogs 30- 120 kg
Meat Turkeys > 10 kg
Meat Turkeys S - 10 kg
Turkey Breeder Layers
Meat Turkeys < S kg
Pullets (replacement breeders)
White Veal
Red Veal <300 kg
barn confinemem
barn with yard
barn confinemem
barn with yard
mam111: stored in barn
daily manure removal
tie-stall
free-stall
barn confinement
barn with yard
*
For all other livestock/poultry use 1 livestock unit per 450 kg housed at one time (A ==0.8)
Factor 'A'
0.7
0.8
0.7
0.8
1.0
0.8
0.8
0.65
0.7
0.65
0.7
0.7
0.8
0.7
0.7
1.1
0.7
0.7
0.65
1.1
0.7
0.8
0.7
0.7
1.0
1.0
1.0
0.7
0.7
0.8
0.7
0.7
1.0
0.8
1· Includes calf to 150 kg; 2· A dairy farm usually bas miking cows, dry cows, heifers and calves. Multiply the
number of milking cows by 1.5 to account for the followers when they are all kept on the same farm; 3· Includes
offspring until weaned; 4- Includes offspring to market size; s. Multiply number of sows by 2.4 to determine the
number of weaners
90
)
Schedule C Cont'd
Page 5
Livestock Units Factor B
5
107
6
119
7
129
8
138
9
145
10
152
12
164
14
175
16
183
18
191
20
198
22
20.S
24
210
26
216
28
221
30
225
32
230
34
234
38
241
40
245
45
253
50
261
60
275
65
281
70
287
15
293
80
298
85
304
90
309
TABLE4
FACTOR 'B'
Total Number of Livestock Units
Livestock Units Factor B Livestock Units Factor B
95
313
500
578
100
318
520
585
110
327
540
592
120
335
560
598
130
343
580
605
140
350
600
611
150
357
620
617
160
366
640
623
170
374
660
629
180
383
680
635
190
392
700
640
200
400
720
646
210
409
740
651
220
418
760
656
230
426
780
661
240
435
800
666
250
444
850
679
260
452
900
690
280
470
1000
713
290
478
1050
723
300
487
llOO
733
320
501
1150
743
360
522
1250
762
380
531
1300
771
400
540
1350
780
420
548
1400
780
440
556
1450
797
460
564
1500
805
480
571
1550
813
91
Livestock Units Factor B
1600
821
1650
829
1700
836
1750
844
1800
851
1850
858
1900
865
1950
872
2000
879
2100
892
2200
905
2300
917
2400
929
2500
941
2600
952
2700
963
2800
974
2900
985
3200
1015
3400
1034
3600
1053
3800
1071
4200
110.S
4400
1121
4600
1136
4800
1152
5000
ll66
7500
1326
1000
1455
Schedule C Cont'd
Page 6
Percentage
Increase
0-50
55
60
65
70
75
80
85
90
95
100
110
Factor
C
0.70
0.72
0.73
0.75
0.76
0.77
0.78
0.79
0.81
0.82
0.83
0.85
TABLES
FACTOR 'C'
Percentage Increase
Percentage
Factor
Increase
C
120
0.86
130
0.88
140
0.90
150
0.91
160
0.92
170
0.94
180
0.95
190
0.96
200
0.97
220
0.99
240
1.00
260
1.02
Percentage
Factor
Increase
C
280
1.03
300
1.04
325
1.05
350
1.06
375
1.07
400
1.08
425
1.09
450
1.10
500
1.11
550
1.12
650
1.13
700
1.14
Note: For new livestock farms, or if the % increase is > 700 percent, use Factor C = 1.14
TABLE6
SITING DISTANCES FOR MANURE STORAGE
For the purpose of Table 6, for calculating the Minimum Distance Separation from a manure
storage area, the following definitions shall apply.
Column 1 means a roofed or covered storages for manure, runoff, and milkhouse washwater.
Includes any covered or roofed concrete, steel or earthen storages, in-barn solid manure packs and
storages under fully slatted floors.
Column 2 means an open solid manure pile on concrete slab. Includes the runoff storages
(concrete or earthen) used for capturing seepage liquids from solid manure storage or runoff
liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage
is a concrete or steel tank and column 4 when runoff storage is earthen. Milkhouse washwater
may be added to runoff storage.
Column 3 means an open concrete or steel tanks used for storing liquid manure, milkhouse
washwater, or yard runoff where yard is scraped into storage.
Column 4 means an open earth-sided or earth-sided storage with concrete floor _to be used for
storing liquid manure or yard runoff when yard is scraped into storage or milkhouse washwater.
92
-)
Schedule C Cont'd
Page 7
Minimum Base
Distance -p- for the
Building
40
45 so
ss
60
6S
70
1S
80
8S
90
9S
100
105
110
IIS
120
125
130
13S
140
14S
ISO
160
170
180
190
200
210
220
230
240
260
280
300
320
360
380
400
420
440
480
soo
sso
Column 1
Covered Storage
Systems
40
4S so
ss
60
6S
70
1S
80
8S
90
95
100
105
110
IIS
120
125
130
13S
140
14S
ISO
160
170
180
190
200
210
220
230
240
260
280
300
320
360
380
400
420
440
480
soo
sso
Column2
Column 3
Column4
Open Solid and
Open Liquid Tank
Earthen Liquid and
Runoff Storage
and Runoff Storage
Runoff Storage
Systems
Systems
Systems
ss
119
324
60
123
326
6S
128
328
70
132
331
74
136
333
79
140
335
84
144
337
89
149
340
94
153
342
99
157
344
104
161
346
108
166
348
113
170
351
118
174
353
123
178
3SS
128
182
357
133
187
360
138
191
362
142
195
364
147
199
366
1S2
204
368
1S1
208
371
162
212
373
172
220
377
181
229
382
191
.237
386
201
246
391
210
254
395
220
263
399
230
271
404
239
280
408
249
288
413
269
30S
422
288
322
430
307
339
439
327
3S6
448
366
389
466
385
406
41S
404
423
484
424
440
492
443
4S1
SOI
482
491
S19
S02
S08
S28
sso
sso
sso
93