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Township of Hornepayne
Zoning By-law
Final Draft - To Township
September 29, 2021
Prepared by:
J.L. Richards & Associates Limited
Engineers - Architects - Planners
314 Countryside Drive
Sudbury, ON P3E 6G2
JLR 29331
Prepared for:
The Township of Hornepayne
68 Front St; P.O. Box 370
Hornepayne, ON P0M 1Z0
Tel: (807) 868-2020
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
i
JLR Job No.: 29331
Contents
1.0
Authorization and Administration .................................................................................................... 1
1.1 Title .................................................................................................................................................. 1
1.2 Effective Date ................................................................................................................................... 1
1.3 Defined Area .................................................................................................................................... 1
1.4 Scope ................................................................................................................................................ 1
1.5 Existing Uses Continued ................................................................................................................... 1
1.6 Prior Building Permit Issued ............................................................................................................. 1
1.7 Compliance with Other Restrictions ................................................................................................. 1
1.8 Interpretation ................................................................................................................................... 1
1.9 Measurements ................................................................................................................................. 2
1.10
Administrator ............................................................................................................................... 2
1.11
Occupancy or Building Permit, Certificate, or Licence ................................................................. 2
1.12
Applications and Plans ................................................................................................................. 2
1.13
Request for an Amendment ......................................................................................................... 2
1.14
Inspection of Premises ................................................................................................................. 2
1.15
Violations and Penalties ............................................................................................................... 3
1.16
Validity ......................................................................................................................................... 3
1.17
Technical Revisions ...................................................................................................................... 3
2.0
Definitions ........................................................................................................................................ 4
3.0
General Provisions .......................................................................................................................... 21
3.1 Accessory Uses ............................................................................................................................... 21
3.2 Automobile Services Stations and Commercial Garages ................................................................ 23
3.3 Construction Uses .......................................................................................................................... 24
3.4 Encroachments into Required Yards .............................................................................................. 24
3.5 Flood Plain Hazard (HAZ) Overlay ................................................................................................... 24
3.6 Frontage on Public Roads or Private Roads with Agreement ......................................................... 25
3.7 Height Exceptions ........................................................................................................................... 25
3.8 Home-Based Businesses ................................................................................................................. 25
3.9 Landscaping .................................................................................................................................... 26
3.10
Lots in More than One Zone ...................................................................................................... 27
3.11
Municipal Services ..................................................................................................................... 27
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
ii
JLR Job No.: 29331
3.12
Non-Complying Buildings, Structures, and Lots ......................................................................... 27
3.13
Non-Conforming Buildings and Structures ................................................................................. 28
3.14
Noxious Uses .............................................................................................................................. 28
3.15
Occupancy Restrictions .............................................................................................................. 28
3.16
Open Storage ............................................................................................................................. 28
3.17
Parking Requirements ................................................................................................................ 29
3.18
Public Uses Permitted ................................................................................................................ 31
3.19
Recreational Vehicles ................................................................................................................. 32
3.20
Sight Triangles ............................................................................................................................ 32
3.21
Signs ........................................................................................................................................... 32
3.22
Temporary Uses ......................................................................................................................... 32
3.23
Wayside Pits and Quarries ......................................................................................................... 33
4.0
Zones .............................................................................................................................................. 34
4.1 Schedules ....................................................................................................................................... 34
4.2 Boundaries of Zones ....................................................................................................................... 34
4.3 Streets and Rights-of-Way .............................................................................................................. 35
4.4 Special Exception Zones ................................................................................................................. 35
4.5 Holding Zones ................................................................................................................................. 35
4.6 Building, Structure, and Use Classification ..................................................................................... 35
4.7 Temporary Use By-laws .................................................................................................................. 35
5.0
Low Density Residential (R1) Zone ................................................................................................ 37
5.1 Permitted Uses ............................................................................................................................... 37
5.2 Zone Provisions .............................................................................................................................. 37
5.3 Special Exception Zones ................................................................................................................. 37
5.4 Holding Zones ................................................................................................................................. 38
6.0
Medium Density Residential (R2) Zone .......................................................................................... 39
6.1 Permitted Uses ............................................................................................................................... 39
6.2 Zone Provisions .............................................................................................................................. 39
6.3 Special Exception Zones ................................................................................................................. 39
6.4 Holding Zones ................................................................................................................................. 40
7.0
General Commercial (C1) Zone ...................................................................................................... 41
7.1 Permitted Uses ............................................................................................................................... 41
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
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JLR Job No.: 29331
7.2 Zone Provisions .............................................................................................................................. 41
7.3 Additional Zone Requirements ....................................................................................................... 42
7.4 Special Exception Zones ................................................................................................................. 42
7.5 Holding Zones ................................................................................................................................. 42
8.0
Highway Commercial (C2) Zone ..................................................................................................... 43
8.1 Permitted Uses ............................................................................................................................... 43
8.2 Zone Provisions .............................................................................................................................. 43
8.3 Additional Zone Requirements ....................................................................................................... 43
8.4 Special Exception Zones ................................................................................................................. 44
8.5 Holding Zones ................................................................................................................................. 44
9.0
Light Industrial (M1) Zone .............................................................................................................. 45
9.1 Permitted Uses ............................................................................................................................... 45
9.2 Zone Provisions .............................................................................................................................. 45
9.3 Additional Zone Provisions ............................................................................................................. 45
9.4 Special Exception Zones ................................................................................................................. 45
9.5 Holding Zones ................................................................................................................................. 46
10.0
Heavy Industrial (M2) Zone ............................................................................................................ 47
10.1
Permitted Uses .......................................................................................................................... 47
10.2
Zone Provisions .......................................................................................................................... 47
10.3
Additional Zone Requirements .................................................................................................. 48
10.4
Special Exception Zones ............................................................................................................. 48
10.5
Holding Zones ............................................................................................................................ 48
11.0
Disposal Industrial (MD) Zone ........................................................................................................ 49
11.1
Permitted Uses .......................................................................................................................... 49
11.2
Zone Provisions .......................................................................................................................... 49
11.3
Additional Zone Requirements .................................................................................................. 49
11.4
Special Exception Zones ............................................................................................................. 49
11.5
Holding Zones ............................................................................................................................ 49
12.0
Extractive Industrial (MX) Zone ...................................................................................................... 50
12.1
Permitted Uses .......................................................................................................................... 50
12.2
Zone Provisions .......................................................................................................................... 50
12.3
Additional Zone Requirements .................................................................................................. 50
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
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JLR Job No.: 29331
12.4
Special Exception Zones ............................................................................................................. 50
12.5
Holding Zones ............................................................................................................................ 50
13.0
Rural Industrial (MR) Zone ............................................................................................................. 51
13.1
Permitted Uses .......................................................................................................................... 51
13.2
Zone Provisions .......................................................................................................................... 51
13.3
Additional Zone Requirements .................................................................................................. 51
13.4
Special Exception Zones ............................................................................................................. 52
13.5
Holding Zones ............................................................................................................................ 52
14.0
Institutional (I) Zone ....................................................................................................................... 53
14.1
Permitted Uses .......................................................................................................................... 53
14.2
Zone Provisions .......................................................................................................................... 53
14.3
Additional Zone Requirements .................................................................................................. 53
15.0
Open Space (OS) Zone .................................................................................................................... 54
15.1
Permitted Uses .......................................................................................................................... 54
15.2
Zone Provisions .......................................................................................................................... 54
15.3
Additional Zone Requirements .................................................................................................. 54
15.4
Special Exception Zones ............................................................................................................. 54
15.5
Holding Zones ............................................................................................................................ 54
16.0
Rural Residential (RR) Zone ............................................................................................................ 56
16.1
Permitted Uses .......................................................................................................................... 56
16.2
Zone Provisions .......................................................................................................................... 56
16.3
Additional Zone Requirements .................................................................................................. 56
16.4
Special Exception Zones ............................................................................................................. 56
16.5
Holding Zones ............................................................................................................................ 56
17.0
Recreational Residential (RR1) Zone .............................................................................................. 57
17.1
General ...................................................................................................................................... 57
17.2
Permitted Uses .......................................................................................................................... 57
17.3
Zone Provisions .......................................................................................................................... 57
17.4
Additional Zone Requirements .................................................................................................. 57
17.5
Special Exception Zones ............................................................................................................. 57
17.6
Holding Zones ............................................................................................................................ 57
18.0
Rural (RU) Zone .............................................................................................................................. 58
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
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JLR Job No.: 29331
18.1
Permitted Uses .......................................................................................................................... 58
18.2
Zone Provisions .......................................................................................................................... 58
18.3
Special Exception Zones ............................................................................................................. 58
18.4
Holding Zones ............................................................................................................................ 59
19.0
Notice ............................................................................................................................................. 60
Schedules
SCHEDULE A - URBAN AREA
SCHEDULE B - RURAL AREA
Appendices
APPENDIX A - ACCESSIBLE PARKING SPACE REQUIREMENTS PER ONTARIO INTEGRATED ACCESSIBILITY
STANDARDS REGULATION 191/11
The Township of Hornepayne
Zoning By-law
Final Draft to Township
J.L. Richards & Associates Limited
September 29, 2021
vi
JLR Job No.: 29331
INSERT SIGNED BY-LAW
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
1
By-law ________
1.0 Authorization and Administration
1.1 Title
This By-law shall be known as the "Zoning By-law" or By-law No. ______ of the Corporation of the
Township of Hornepayne.
1.2 Effective Date
This By-law comes into force and takes effect on _______.
1.3 Defined Area
The provisions of this By-law shall apply to all lands within the incorporated limits of the Township
of Hornepayne.
1.4 Scope
No land shall be used and no building or structures shall be erected, altered, enlarged, or used
within the Township of Hornepayne except in conformity with the provisions of this By-law.
No lands shall be severed from any existing lot if the effect of such action is to cause the original,
adjoining, remaining, or new building, structure, or lot to be in contravention of this By-law.
1.5 Existing Uses Continued
Nothing in this By-law shall prevent the use of any lot, building or structure for any purpose
prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the
date of passing of this By-law, so long as it continues to be used for that purpose.
1.6 Prior Building Permit Issued
Nothing in this By-Iaw shall prevent the erection or use of any building or structure for a purpose
prohibited by this By-Iaw if the plans for such building or structure were approved by the Building
Inspector prior to the date of passing of this By-Iaw, provided:
When the building or structure is erected, it shall be used and continue to be used for the
purpose for which the building permit was issued; and
The erection of such building or structure is commenced within 2 years of the date of passing
of this By-law and provided the erection of such building or structure is completed within a
reasonable time after the erection thereof is commenced.
1.7 Compliance with Other Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restrictions.
1.8 Interpretation
The provisions of this By-law shall be held to be the minimum requirements except where the word
maximum is used in which case the maximum requirement shall apply.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
In this By-law the word 'shall' is mandatory; words in the singular include the plural; words in the
plural include the singular; words in the present tense include the future.
1.9 Measurements
Measurements contained in this By-law are in metric units only. Where imperial units appear, such
units do not form part of this By-law; they are to be considered as ancillary information only and
are provided only for the convenience of the reader.
1.10 Administrator
This Zoning By-law is administered by the Township Clerk, Chief Administrative Officer, or an
appointee. A certified true copy is on file in the office of the Township of Hornepayne.
1.11 Occupancy or Building Permit, Certificate, or Licence
No change shall be made in the type of use of any land, building, or structure within any zone,
without first obtaining a Certificate of Occupancy from the Township to the effect that the
proposed use conforms to this By-law.
No municipal permit, certificate, or licence shall be issued for a proposed use of land or a
proposed erection, alteration, enlargement, or use of any building or structure that is in
contravention of any provision of this By-law.
1.12 Applications and Plans
In addition to the requirements of any Building By-law, every application for a building permit shall
be accompanied by sufficient information, in an appropriate form, to determine whether the
building or structure conforms to the requirements of this By-law. This shall include:
A plan drawn to scale showing the true dimensions of the lot to be built on and used; the
location, height, and dimensions of any existing or proposed building, structure, and use; the
location of any required setback and the proposed location and dimension of any yard,
landscaped open space, and off-street parking and loading required by the By-law; and
A statement signed by the Owner giving the exact use proposed for each building, structure,
or the proposed use of the lot to determine whether such building, structure, or use conforms
to this By-law.
Notwithstanding the above, applications that do not affect the external dimensions of the building,
number of dwelling units, or useable floor area may not require the information contained in
subsections a) and b).
1.13 Request for an Amendment
Where an amendment to this Zoning By-law is requested by an owner of land in the Municipality,
the said owner shall complete and submit to the Municipality, prior to his request being
considered, an application form for Amendment to the Zoning By-law.
1.14 Inspection of Premises
The Township Clerk, Treasurer, Chief Administrative Officer, or any employee of the Township of
Hornepayne acting under direction, may, at any reasonable hour (as set out by Council), enter and
inspect a property or premises under a Power of Entry By-law, where there is reason to believe
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
that any land has been used or any building or structure has been erected, altered, enlarged, or
used in violation of any of the provisions of this By-law.
1.15 Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine
recoverable under the Provincial Offenses Act. Each day of violation shall constitute an offence.
In the case of any lot being used, any building or structure being erected, altered, reconstructed, or
extended or part therefore being used in contravention of any provision 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 Municipal Act or the Planning Act in that behalf.
1.16 Validity
If any portion of this By-law is for any reason declared invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this By-law.
1.17 Technical Revisions
Revisions may be made to this By-law without the need for a Zoning By-law Amendment in the
following cases:
Correction of grammar, punctuation or typographical errors, or revisions to format in a manner
that does not change the intent of the By-law;
Adding or revising technical information on maps or schedules that does not affect the zoning
of lands including, but not limited to, matters such as updating and correcting infrastructure
information, keys, legends, or title blocks; and
Changes to appendices, footnotes, headings, indices, marginal notes, tables of contents,
illustrations, historical or reference information, page numbering, footers, and headers, which
do not form a part of this By-law, and are editorially inserted for convenience or reference only.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
2.0 Definitions
For the purpose of this By-law, the definitions and interpretations given in this Section shall govern.
Accessory, when used to describe a use, building, or structure, means a use, building, or structure
that is customarily incidental and subordinate to the main use and located on the same lot with
such main use. This definition shall include:
-
Decks greater than or equal to 0.6 m (2.0 ft) in height;
-
Gazebos; and
-
Freestanding solar panels and wind turbines.
Adult Entertainment Business means any premises or part thereof including a retail store,
entertainment parlour, or other business in which the principle trade provided, in pursuance of a
trade, calling, business, occupation, goods, or services appeals to or is designed to appeal to erotic
or sexual appetites or inclinations.
Agricultural Use means the use of land, buildings or structures for:
-
The growing of crops, including cannabis, including all related activities such as soil
preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting,
and also including the storage and sale of crops;
-
The raising, boarding, keeping and sale of all forms of livestock, except dogs, including
all related activities such as breeding, training, feeding, and grazing, and including the
raising of fish;
-
The production of animal products such as milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage, and sale of the products;
-
A greenhouse or nursery garden, including storage and sale of the products; and
-
The use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
Agricultural-Related Use means a farm-related commercial or farm-related industrial use that is
directly related to farm operations in the area, supports agriculture, benefits from being in close
proximity to farm operations, and provides direct products and/or services to farm operations as a
primary activity.
Alter, in reference to
-
a building or part thereof, means to change any one or more of the external dimensions
of such building or to change the type of construction of the exterior walls or roof
thereof;
-
a lot, means to change the area frontage or depth thereof, to change the width, depth
or area of any required yard, landscaped open space or parking area, or to change the
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
location of any boundary of such lot in respect to a street or lane, whether such
alteration is made by conveyance, alienation of any parts of such lot, or otherwise.
Attached means a building or structure otherwise complete in itself, which depends for structural
support, or complete enclosure, upon a division wall or walls shared in common with adjacent
building or structures.
Attic means that portion of a building immediately below the roof and wholly or partly within the
roof framing.
Auditorium means a building or structure where facilities are provided for athletic, civic,
educational, political, religious, or social events. This definition may include an arena, community
centre, gymnasium, stadium, theatre, or similar use.
Automatic Car Wash means a building or structure containing facilities for washing motor vehicles,
either by production line methods and mechanical devices, or by self-service operation.
Automobile Service Station means a building where automotive fuel such as, but not necessarily
limited to gasoline, propane, and diesel fuel and where oil is kept for sale and where only minor or
emergency repairs essential to the actual operation of motor vehicles may also be performed, and
where grease, anti-freeze, tires, spark plugs, and other automobile accessories may be sold
incidentally, and where motor vehicles may also be oiled, greased, or washed, but where no other
activities of a commercial garage are carried on.
Automotive Store means an establishment primarily engaged in the retail sale of vehicle parts,
accessories, and tools. Accessory uses may include service bays for performing maintenance and
repair operations on motor vehicles. This definition shall not include any establishment otherwise
defined herein or specifically named elsewhere in this By-law.
Average Finished Grade means the average level of proposed or finished ground adjoining a
building at all exterior walls.
Basement means that portion of a building between two floor levels which is partly underground
but which has at least one-half of its height from finished floor to finished ceiling above the average
finished grade.
Bed and Breakfast means a dwelling used incidentally to provide accommodation and meals to
transient travellers, but does not include a boarding house, a rooming house, hotel, or motel.
Building means a structure having a roof supported by columns or walls or directly on the
foundation and used for the shelter and accommodation of persons, animals, or goods:
-
-, Accessory means a building customarily incidental and subordinate to the main use or
building and located on the same lot with such main use or building.
-
-, Attached see "Attached".
-
-, Main means the building serving the principal or primary uses for which the lot was
purchased, leased or rented.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
-
-, Temporary means a building or structure intended for removal or demolition within a
prescribed time, not exceeding two years, as set out in a building permit.
Building Contractor's Shop means a place of business for persons employed in building trades such
as painting, plumbing, electrical work, masonry, metal working, and carpentry or truck, bulldozer,
loader, and backhoe operating and such place of business may be used for the storage of
equipment, materials, and vehicles which are used on construction sites and may include such
related uses as office space, or maintenance facilities, but shall not include a retail business, sales
counter, nor a wholesale business.
Building Line means a line within a lot drawn parallel to a lot line establishing the minimum
distance between that lot line and any portion of a building or structure which may be erected.
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,
home improvements, and similar items. This definition shall not include any establishment
otherwise defined herein or specifically named elsewhere in this By-law.
Carport means a covered parking area which is open on at least two sides.
Cellar means that portion of a building between two floor levels which is partly or wholly
underground but which has more than one-half of its height from finished floor to finished ceiling
below the average finished grade.
Chief Building Official means the officer or employee of the Township charged with the duty of
enforcing the Building Code Act together with any Regulations made thereunder, and the
provisions of the Building By-law.
Child Care Centre means a "child care centre" as defined in the Child Care and Early Years Act,
2014, and its successors.
Church means a building dedicated to religious worship. Accessory uses may include a church hall,
church auditorium, Sunday school, a parish hall and an ecclesiastic residence on the same lot.
Clinic means one or more buildings or part of a building used solely for the purposes of
consultation, diagnosis and treatment of patients by Ontario Licensed physicians, dentists,
optometrists, denturists, chiropodists, chiropractitioners, or drugless practitioners, together with
their assistants, and without limiting the generality of the foregoing, the building(s) or part thereof
may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies, and
dispensaries directly associated with the clinic, but shall not include accommodation for in-patient
care or operating rooms for major surgery.
Club, Commercial means a building or premises used as an athletic, recreational, or social club
operated for gain or profit.
Club, Private means a building or premises used as an athletic, recreational, or social club not
operated for gain or profit. This definition may include a social service club, a fraternity or sorority,
a hostel, a labour union hall, or similar use.
The Township of Hornepayne
Zoning By-law
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September 29, 2021
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By-law ________
Communications Facility means an installation which transmits, receives and/or relays
communications such as a microwave relay tower, telephone or telegraph line, cellular telephone
tower, radio or television broadcast tower, or similar facility.
Conservation Use means the preservation and protection of the components of the natural
environment through management and maintenance for both the individual and society's uses,
both in the present and in the future.
Convenience Store means a building or part of a building used primarily for the sale of grocery and
confectionary items and incidentally for the sale of other merchandise as is required to fulfil the
day to day needs of a surrounding residential area.
Council means the Council of the Corporation of the Township of Hornepayne.
Custom Workshop means land and/or a building or part of a building used by a contractor, builder,
or tradesman to perform manufacturing, repair, or assembly work or for the storage of equipment
and materials used for off-site work and includes those operated by a carpenter, well driller, tile
drainage installer, a locksmith, blacksmith, tinsmith, gunsmith, welder, machinist, or persons
involved in similar occupations.
Department Store means a Retail Store, primarily engaged in general merchandising at retail of
wide range of commodities. At least the three main lines, namely apparel, hardware, and home
furnishings should be carried, and other commodities formally carried by such establishments,
including dry goods, food products, home appliances, etc. may also be carried.
Development means the creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under the Planning Act.
Dry Cleaning or Laundry Outlet means a building used for the purpose of receiving articles or goods
of fabric to be subjected elsewhere to the process of cleaning or dyeing. Such establishment may
also be used for pressing and/or distributing any articles or goods which have been received
therein.
Dry Cleaning or Laundry Plant means a building where dry cleaning, dry dyeing, cleaning, or
pressing of articles or goods of fabric is conducted and (1) in which solvents, which emit no odours
or fumes are, or can be, used, and (2) in which no noise or vibration causes a nuisance or
inconvenience without the premises. This definition may include a dry cleaning or laundry outlet.
Dwelling means a building used or intended to be used for human habitation and in which all usual
domestic functions may be carried on. This definition shall not include any vehicle as defined
herein.
-
-, Accessory means a single dwelling which is accessory to a permitted non-residential
use, located on the same lot therewith and is occupied either by the family of the owner
of such non-residential use or by the family of a person employed on the lot where such
dwelling is located.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
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By-law ________
-
-, Accessory Apartment means a self-contained dwelling unit created through the
conversion of part of or the addition on to an existing dwelling (single, semi-detached,
or duplex dwellings only), located in a structure accessory to a dwelling, or located in a
non-residential use.
-
-, Apartment means a building consisting of three or more independent dwelling units
other than a rowhouse dwelling.
-
Boarding House means a dwelling or portion thereof containing not more than 4 guest
rooms, used for the accommodation of the public in which the owner or head lessee
supplies for compensation, lodging with or without meals but does not include any
other establishment otherwise defined herein.
-
-, Duplex means a building that is divided horizontally into two dwelling units.
-
Garden Suite means a temporary, one-unit, self-contained, and portable detached
residential structure that is ancillary to and on the same lot as a residential dwelling,
and excludes a trailer as defined herein.
-
Group Home means residential accommodation in a detached dwelling in which up to
ten persons (excluding supervisory staff) live under responsible supervision consistent
with the particular requirements of its residents which includes support functions for
daily living.
-
Mobile Home means a dwelling that is designed to be made mobile, and constructed or
manufactured as per the Ontario Building Code to provide a permanent residence for
one or more persons, but does not include a recreational vehicle, a travel trailer or tent
trailer, or trailer otherwise designed.
-
-, Rowhouse means a building that is divided vertically into three or more dwelling units.
-
-, Seasonal means a building containing only one dwelling unit used for recreation and
not occupied as a permanent dwelling.
-
-, Semi-Detached means a building that is divided vertically into two dwelling units.
-
-, Single means a detached building containing only one dwelling unit. This definition
shall include a modular home as defined herein.
-
Tiny Home means a small, private and self-contained dwelling unit between 17.5 sqm
and 37 sqm. A tiny home shall be considered a single detached dwelling, unless it is on
wheels, in which case it shall be considered a mobile home.
-
-, Triplex means a building that is divided horizontally into three dwelling units.
-
- Unit means one or more rooms designed as a housekeeping unit, used or intended to
be used as a domicile by one or more persons and in which separate cooking, eating,
living, sleeping, and sanitary facilities are provided for the exclusive use of the
occupants, with a private entrance from outside the building or from a common hallway
or stairway inside the building.
-
- Unit, Accessory means a dwelling unit which is part of and accessory to a permitted
non-residential building other than an automobile service station or commercial garage.
Erect means build, construct, reconstruct, remove or relocate and shall include any preliminary
physical operations such as cutting, grading, excavating, filling or draining, or any altering of an
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existing building by an addition, extension, or other structural change, or any work which requires a
building permit.
Established Building Line means the average setback from the centreline of a street of at least 2
existing buildings located on lots having street frontage upon the said side of the street, provided
such buildings are located on the same block and within a continuous strip of land that does not
exceed 75 m (246 ft).
Existing means existing as of the date of the passing of this By-law.
Extractive Industrial Use means the use of land for the extraction of mineral aggregate including
sand, gravel, shale, clay, and bedrock suitable for the production of crushed stone, building stone,
cement products, and other similar materials.
Financial Office means the premises of a bank, trust company, finance company, mortgage
company, or investment company.
Flood Line means a line established by a one in one hundred (1:100) year storm which is
determined by flood plain mapping.
Flood Plain means the area below the flood line.
Flood Proofed means the measures taken to ensure that a building or structure is safe from the
effects of flooding.
Floor Area means:
-
for a dwelling or dwelling unit, the total area of the storeys contained within the outside
walls of the dwelling or dwelling unit exclusive of garage, carport, sunroom, veranda,
porch, unfinished attic, unfinished basement, or unfinished cellar;
-
for a building other than a dwelling, the total area of all the floors contained within the
outside walls of the building.
In all cases, only that floor area having a clear height to the ceiling of at least 2.2 m (7.2 ft) shall be
calculated for floor area purposes.
Garage means a structure for the storage of vehicles and other items.
-
-,Commercial means a building, structure, or lot where all activities of an automobile
service station may take place, where major repairs of motor vehicles may be
performed, and where commercial motor vehicles may be stored. As an accessory use,
the sale of motor vehicles may also be permitted. Such repairs may include all
mechanical repairs as well as body work but shall not include the dismantling of motor
vehicles for scrap or the storage of motor vehicles awaiting scrapping.
-
-, Parking means an enclosed structure used for the temporary parking of more than
four vehicles and available for public use either free, for compensation, or as an
accommodation to customers.
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-, Portable means a prefabricated structure usually constructed with a metal, wood, or
plastic frame and covered with a tarpaulin or other similar type of fabric or plastic
cover, used primarily for the storage of a vehicle and other items.
-
-, Private means an accessory building or part of a residential building which is fully
enclosed and used for the storage of motor vehicles and household equipment
incidental to the residential occupancy.
Golf Course means a public or private area operated for the purpose of playing golf and includes
par 3 golf course, but does not include a driving range, a miniature golf course, or similar use.
Habitable Room means a room commonly used for cooking, living, dining, or sleeping purposes,
and shall include an enclosed sunroom but shall not include any garage, carport, verandah,
unfinished attic, unfinished basement, or unfinished cellar.
Height of a building means the vertical distance measured between the average finished grade
and:
-
the highest point of the roof surface of a flat roof; or
-
the average level between eaves and ridge of any other type of roof.
High Water Mark means the mark made by the action of water under natural conditions on the
shore or bank of a water body which action has been so common and usual and so long continued
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 of the mark.
Highway means a public thoroughfare intended for vehicular use by the general public.
Hobby Farm means a residence and barns, sheds, pens, and accessory buildings which are used for
the persons residing at the residence and not for commercial agricultural purposes.
Home-Based Business means an occupation, trade, business, profession, or craft carried on as an
accessory use to the use of a dwelling and shall include the following:
-
instruction in or businesses involving music, academic subjects, religion, dancing, arts
and crafts such as pottery, weaving, painting or sculpting, sewing, hairdressing, or
similar uses;
-
businesses involving work conducted primarily in other locations, such as those
operated by electricians, plumbers, carpenters, or operators of commercial vehicles,
including school buses, provided that the storage of commercial vehicles, equipment, or
materials does not take place at the residence;
-
businesses involving the repair of small appliances, radios, televisions, and similar items,
skate or knife sharpening or similar uses;
-
an office used by a physician, dentist, or other medical practitioner, an insurance agent,
accountant, engineer, salesperson, or a person engaged in a similar occupation;
-
a tourist lodging establishment which provides a maximum of three bedrooms for
commercial public use, (i.e., bed and breakfast).
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Hotel means a building, or part of a building, or two or more disconnected or detached buildings,
designed to be used for the purpose of catering to the needs of the transient public by furnishing
sleeping accommodation with or without kitchens, with or without supplying food, and may include
meeting rooms, banquet halls, public dining rooms, and any premises licensed under the Liquor
License Control Act, 2019, but shall not include boarding, rooming, or lodging houses, taverns and
apartment dwellings, but shall include motels and motor inns.
Industrial Use means a building, structure or use pertaining to the manufacturing, assembling,
extracting, repairing, packing, bulk storage, and processing of raw materials, goods, and agricultural
produce.
Industrial Use, Light means a building, structure or use such as textile production, indoor
warehousing or storage, manufacturing furniture, electronics, earthenware, or similar products
wherein the use does not emit obnoxious noise, odour, dust, vibration, fumes, or smoke.
Institutional Use means a building, structure, or lot used by an organized body, religious group or
society for a non-profit, non-commercial purpose. This definition may include a library, school,
college, university, convent, monastery, or similar use.
Kennel means a building or structure where animals are kept.
-
-, Boarding means a place where animals are kept, and operated as a commercial
business or by the Humane Society as a service to the community, but does not include
a Veterinary Clinic. The boarding kennel facility shall be constructed so that animals may
be retained indoors between the hours of 8:00 p.m. through 8:00 a.m.
-
-, Breeding means any building, structure, dog run, or other facility, or part thereof
where animals are kept for the purposes of reproduction, and the use of or sale of the
offspring.
Landscaped Open Space means open space comprised of lawn, natural or ornamental shrubs,
flowers, and trees and may include space occupied by paths, walks, courts, patios, and pools, but
shall not include parking areas, loading spaces, traffic aisles, driveways, or ramps for vehicles, or
any open space beneath or within a building or structure.
Land means any ground, soil, or earth whatsoever regarded as the subject of ownership and
everything annexed to it whether by nature (such as trees, water) or by man (such as buildings,
fences).
Lane means:
-
a subsidiary thoroughfare providing access from within a lot, principally from parking or
loading spaces to a public street; or
-
a subsidiary public thoroughfare for the sole use of pedestrians and connecting public
streets, open space, or public buildings.
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Loading Space means a space or bay located on a lot which is used or intended to be used for the
temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or
materials used in connection with the use of the lot or any building thereon.
Long Term Care Home means a "long term care home" as defined in the Long Term Care Homes
Act, 2007, and its successors.
Lot means a parcel or tract of land which is capable of being legally conveyed in accordance with
the provisions of the Planning Act.
-
-, Corner means a lot situated at the intersection of two streets having an angle of
intersection of not more than one hundred and thirty-five degrees (135°).
-
-, Interior means a lot situated between adjacent lots and having access to one street.
-
-, Through means a lot (bounded on two opposite sides by streets) having street
frontage on two parallel or approximately parallel streets.
-
-, Water means a lot which abuts a shoreline but has no street line. Notwithstanding any
other provisions of this By-law, a water lot does not require frontage on an improved
street.
Lot Area means the total horizontal area within the lot lines of a lot, excluding the horizontal area
of any flood plain or marsh located on such lot.
Lot Coverage means the percentage of lot area covered by the ground floor area of all buildings
and structures located thereon.
Lot Frontage means the width of a lot measured between the intersection of the side lot lines with
a line back from and parallel to the front lot line, at a distance equal to the minimum required front
yard depth.
Lot Line means any boundary of a lot or the vertical projection thereof.
-
-, Front means, in the case of an interior lot, the lot line that divides a lot from the
street. In the case of a lot fronting onto two or more streets, the shorter lot line that
abuts a street shall be deemed to be the front lot line, in the case of a corner lot or
through lot having lot lines of equal length abutting both streets, either line may be
deemed to be the front lot line, and in the case of a waterfront lot, the shoreline shall
be deemed to be the front lot line.
-
-, Rear means, in the case of a lot having four (4) or more lot lines, the lot line furthest
from and opposite the front lot line. If the lot has less than four (4) lot lines, there shall
be deemed to be no rear lot line.
-
-, Side means any lot lines other than the front lot line and the rear lot line. In the case
of a corner lot, an exterior side lot line shall be the lot line that abuts the street which is
not the front lot line, and an interior side lot line shall be the lot line that abuts another
lot.
Main Wall means the exterior front, side, or rear wall of a building, and all structural members
essential to the support of a fully enclosed space or a roof.
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Manufacturing Industry means an establishment primarily engaged in the fabricating, processing,
finishing, refinishing, assembly, or similar production of various articles and commodities, and
includes custom workshops, factories, mills, industrial shops, and similar production facilities. This
definition shall include cannabis processing facilities.
Medical/Dental Office means a building or part of a building wherein health services are provided
to the public in the form of a medical, paramedical, dental, surgical, physiotherapeutic, or other
human health services include associated technician and laboratory facilities, and may also include
an incidental pharmaceutical outlet for the sale of prescription and therapeutic drugs and
medication and other drug store products normally sold in a pharmaceutical outlet, and optical
equipment.
Medical Practitioner means a doctor, dentist, chiropractor, chiropodist, optometrist, oculist, but
shall not include a veterinarian.
Mobile Home Park means a lot under single management which has been planned, divided into
mobile home sites, improved, and provided with a communal water and sewer service approved by
the Ministry of the Environment, Conservation and Parks (MECP) for the placement of mobile
homes as a permanent residential use.
Mobile Home Site means the space for the placement of one mobile home and for the exclusive
use of its occupants.
Motel: see "Hotel".
Motor Home: see "Recreational Vehicle".
Motor Inn: see "Hotel".
Net Leasable Floor Area means the total floor area of a building designed for tenant occupancy and
exclusive use, including basements, mezzanines, upper floors, and other floors, as measured from
the centreline of shared partitions and from the interior face of the exterior walls of the building.
Excluded are common mall areas and other common areas not designed or occupied by tenants or
sales areas.
Non-Complying means a lot, building, or structure which, on the date of the final passing of this By-
law, did not comply with one or more of the zone provisions of the zone in which such lot, building
or structure is located.
Non-Conforming means a use, building, or structure which, on the date of the final passing of this
By-law, was not a permitted use in the zone where such use, building, or structure is located.
Noxious Use means any use which is offensive or dangerous by reason of the emission of odour,
smoke, dust, noise, gas, fumes, vibration, or refuse matter.
Nursery means a building, structure, or lot used for the growing of sod, flowers, bushes, trees, or
other gardening, landscaping, or orchard stock for wholesale or retail sale.
The Township of Hornepayne
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Occupancy Permit means a permit issued by the Township Clerk or his appointee which indicates
that the proposed use of land or any building or structure on any such land is in conformity with
this By-law.
Office means a building or part of a building used or intended to be used in the performance and
transaction of business including administrative and clerical activities as well as professional offices
but not including the use of manual labour.
Open Space means any portion of a lot which is unoccupied by buildings or structures above
ground level and is open to the sky and shall include Landscaped Open Space.
Open Storage means the storage of goods, merchandise, or equipment outside of a building or
structure on a lot or portion thereof, including such uses as automobile and trailer sales lots,
building materials supply yards but does not include the outdoor display of a limited number of
samples of the goods, merchandise or equipment for the purpose of sales and advertisement, or
the storage of vehicles or equipment for sale or repair. This definition shall not include the open
storage of goods or equipment incidental to the residential occupancy of a lot.
Outdoor Furnace means an appliance located outside of any building or structure, which it is
intended to heat by combustion.
Park means an area of land consisting largely of open space which may include a recreational area,
playground, playfield, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields,
picnic areas, swimming pools, snow skiing, or similar use.
-
-, Public means a park owned and maintained by the Township or other public
authority.
-
-, Private means a park other than a public park.
Parking Area means an area or structure other than a street used or intended to be used for the
temporary storage of motor vehicles and includes a private garage or carport, aisles, driveways,
and parking spaces.
Parking Lot means any parking area or structure other than a parking area accessory to a permitted
use on the same lot, used for the temporary storage of parking of motor vehicles for hire and gain
but does not include the sale of new or used vehicles or the storing of impounded or wrecked
vehicles.
Person shall include an individual, an association, a chartered organization, a firm, a partnership, or
a corporation, and agent or trustee, and the heirs, executors, or other legal representatives of a
person to whom the context can apply according to law.
Personal Service Establishment means a business which is associated with the grooming or health
of persons or the maintenance or repair of personal wardrobe articles and accessories, and may
include a barber shop, beauty parlour, dressmaking shop, tailor shop, shoe repair shop,
photographic studio, self-service laundry or dry cleaning distribution station, or similar use.
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Place of Entertainment means a motion picture or other theatre, arena, auditorium, public hall,
billiard or pool room, bowling alley, ice or roller skating rink, dance hall, music hall, bingo halls,
amusement arcades, but does not include any place of entertainment or amusement otherwise
defined or classified herein.
Plant Materials shall include all indigenous species of grass, flowers, trees, shrubs, and other
natural vegetation.
Planting Strip means an area which shall be used for no purpose other than planting and
maintaining a row of trees or a continuous unpierced hedgerow of evergreens or shrubs,
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 and
maintaining shrubs, flowers, grass, or similar vegetation.
Private Swimming Pool means any body of water, permanently located outdoors on privately
owned property, contained by artificial means, and used and maintained for the purpose of
swimming, wading, diving, or bathing.
Professional Office means any office where professionally qualified persons, technical assistants,
and clerical staff are engaged and where clients or patients go for advice, consultation, or
treatment, but shall not include a Clinic.
Public Authority means the Township of Hornepayne and any Boards or Commissions thereof, any
corporation supplying power, natural gas, telecommunications, or other utility, and any
Department of the Government of Ontario and Canada, or other similarly recognized agencies.
Public Use means a building, structure, or lot used for public services by the Township or any
Boards or Commissions thereof and any Ministry or Commission of the Governments of Ontario
and Canada, any telephone or railway company or similarly recognized agencies.
Recreational Facility means any building or structure or specific area planned for, used for, or
related to intensive recreational activities and shall include arenas, campgrounds, picnic areas,
beaches, change rooms, outdoor shelters, playground areas and equipment, hiking trails, and the
like.
Recreational Vehicle means any vehicle so constructed that it is no wider than 2.5 m (8.2 ft) and is
suitable for being attached to a motor vehicle for the purpose of being drawn or is self-propelled,
and is capable of being used on a short term recreational basis for living, sleeping, or eating
accommodation of persons. The term "Recreational Vehicles" includes the following: motor
homes, travel trailers, tent trailers, campers.
Recycling Depot means a special waste management facility which serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, metal, and other similar products
which will be transferred to another location for reuse. This definition does not include any other
type of waste management system.
The Township of Hornepayne
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September 29, 2021
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Restaurant means a building or structure or part thereof where food is prepared and offered for
sale to the public for consumption. This definition shall include dine-in and take-out restaurants
where consumption may occur on or off-site. A restaurant may also include the licensed sale and
consumption of alcoholic beverages.
Restaurant Cart means a building or trailer, even if it is stationary, used on a seasonal basis for the
preparation and cooking of a limited selection of meals and the sale of such food and refreshments
to the public for consumption on an attached patio or for consumption off the premises. The patio
must be used in conjunction with the restaurant cart and means an outdoor area located on the
same lot as the restaurant cart, however, the patio area must be more commonly known as a chip
stand or hot dog cart.
Retail Store means a building or part of a building wherein merchandise is offered or kept for retail
sale upon the premises but does not include any establishment otherwise defined or classified
within this By-law with the exception of Department Store. Storage of limited quantities of such
merchandise, sufficient only to service such store and the servicing of such merchandise may be
permitted in a retail store as ancillary uses, provided such uses are clearly necessary and secondary
to the main retailing function of the store. Retail store shall include a cannabis retail store.
Sanitary Sewers means a system of underground conduits, owned and operated either by the
Township or by the MECP, which carries sewage to a sewage treatment facility.
School means a school under the jurisdiction of a Board as defined in the Education Act.
Self-storage Facility means lands and buildings used, rented, or leased to persons for the storage of
household and personal items, including recreation vehicles and automobiles, within separate units
forming part of a wholly enclosed building.
Service Outlet means a building or part of a building whether in conjunction with a retail store or
not, used for the repair or servicing of goods, commodities, articles, or materials, but not the
manufacturing thereof.
Setback means:
-
the smallest horizontal dimension between the property line, measured at right angles
to such property line, and the nearest part any building, structure, parking area, open
storage use, or excavation on the lot.
-
with reference to a water body for which no floodplain mapping is available, the
distance between the higher water mark and nearest building line.
Sewage Disposal Site means a site which is licensed or approved by the MECP and/or its agents for
the use as a disposal site for sewage and includes a sewage treatment plant, sewage lagoon, or
sludge/septage disposal facility.
Shipping Container means any container that is used for the transport of goods by means of rail,
truck, or cargo ship. Generally these containers are rectangular in shape and made of metal.
The Township of Hornepayne
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Shopping Centre means a group of commercial and service establishments or uses, related in size
and type primarily to the special commodity needs of the community and designed, developed,
and managed as a unit whether by a single owner, a group of Owners, or tenants acting in
collaboration having the required off street parking and loading facilities provided on site, and
should generally include as the primary establishment a Department Store. Generally, but not
prerequisite, the public access to individual functions within a Shopping Centre will be from an
enclosed common mall area.
Sight Triangle means the triangular space formed by the street lines of a corner lot and a line
drawn from a point in one street line to a point in the other street line, each such point being 6.0 m
from the point of intersection of the street lines (measured along the street lines). Where the two
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.
Sign, Legal means a name, identification, description, device, display, or illustration which is affixed
to or represented directly or indirectly upon a building, structure, or lot which directs attention to
an object, product, place, activity, person, institute, organization, or business and which does not
contravene any By-law of the Township or any Regulation of the Government of Ontario or Canada.
Solar Power Installations
-
-, Accessory means systems designed to capture the sun's energy and convert it to
electricity. Such systems may be tied to the electrical grid, however they are clearly
secondary and subordinate in nature to the main use on the property.
-
-, Commercial means systems designed to capture the sun's energy for the sole purpose
of selling power back to the electrical grid. This definition does not include those
installations which have received a Renewable Energy Approval.
Storey means that portion of a building, other than a cellar, between the surface of any floor and
the surface of the floor next above it, or, if there is no floor above it, that portion between the
surface of such floor and the ceiling above it.
-
-, First means the lowest storey of a building, wherein the floor is generally at grade
elevation and having its ceiling at least 1.8 m (5.9 ft) above average finished grade.
Storm Sewers means a system of underground conduits which carries storm surface waters and
drainage but excludes sewage and polluted industrial wastes.
Street means a public highway as defined by the Municipal Act and Highway Traffic Act and shall
exclude a lane, right-of-way, unopened road allowance, or any street on a Registered Plan of
Subdivision which has been deemed not to be a Registered Plan of Subdivision under Section 50(4)
of the Planning Act, or which has not been assumed by the Township.
Street Line means the boundary of the right-of-way of the street.
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Structure means anything constructed or erected, either permanent or temporary, the use of
which requires location on the ground or attachment to something having location on the ground.
Tourist Facilities means facilities and/or buildings and/or structures which offer services intended
primarily for tourists and vacationers. This includes tourist lodging facilities; craft and antique
shops; one (1) accessory dwelling unit either attached or detached, accessory to and on the same
lot as a permitted use; uses accessory to the foregoing excluding bed and breakfasts.
Tourist Lodges means facilities and/or buildings and/or structures to be used for the purpose of
sleeping accommodation on a temporary basis by tourists and vacationers.
Trailer means any vehicle designed to be towed by a motor vehicle.
Use means the purpose for which any land, building, or structure, or any combination thereof is
designed, arranged, occupied, or maintained.
Utility means "a Public Utility" as defined by the Public Utilities Corporation Act and amendments
thereto.
Variance, Minor means a variance from any provision of this By-law in respect to the land, building,
or structure, or the use thereof, which is desirable for the appropriate development of the land,
building, or structure and which maintains the general intent and purpose of the By-law and of the
public policies implemented by the By-law.
Vehicle means an automobile, boat, commercial motor vehicle, farm implement, motorcycle,
recreational vehicle, snowmobile, or trailer.
Vehicle Sales or Rental Establishment 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 such vehicles.
Veterinary Establishment means a building or part of a building used by a veterinary surgeon for
treating domestic animals, birds, or other livestock but shall not include a commercial kennel or
research facility.
Warehouse means a building or portion of a building used or intended to be used for the bulk
storage of goods, commodities, wares, merchandise, or materials.
Waste Disposal
-
- Site means a place, approved by the MECP, where ashes, garbage, refuse, domestic
waste, industrial waste, or municipal refuse is disposed of or dumped. This definition
shall not include a sewage treatment plant, lagoon, or sludge disposal area.
-
- Buffer means an area of land around a waste disposal site on which no waste of any
kind shall be deposited which will be used to facilitate noise, dust and odour control,
minimize the spread of litter, mitigate visual impacts and allow for the attenuation of
landfill leachate.
The Township of Hornepayne
Zoning By-law
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September 29, 2021
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Water Supply means a distribution system of underground piping and related storage, including
pumping and purification appurtenances, operated by the Township and/or the MECP and/or any
public utilities commission for public use.
Water Supply Plant means a building or structure, approved by the MECP, where water is treated
for human consumption.
Wayside Pit or Quarry means a temporary source of consolidated or unconsolidated aggregate
opened by or for a public road authority for the purpose of public road construction.
Wetlands means lands that are seasonally or permanently covered by shallow water as well as
lands where the water table is close to or at the surface. In either case, the presence of abundant
water has caused the formation of hydric soils (soils in which there is an abundance of moisture)
and has favoured the dominance of either hydrophytic or water tolerant plants. The four major
categories of wetlands are swamps, marshes, bogs, and fens.
Wetland Area means a continuous Wetland which may be composed of one or more Wetland
category.
-
Adjacent Lands means those lands within 120 m (394 ft) of an individual Wetland Area.
Wholesale Establishment means a building or part of a building used or intended to be used for the
bulk storage and sale of quantities of goods, commodities, wares, merchandise, and materials for
resale or business use.
Wind Turbine/Generating System
-
-, Accessory means a structure or structures which harness wind energy for the primary
purpose of on-site consumption. Such structures can be tied into the electrical grid;
however their primary purpose is to provide power to the buildings and uses located
on-site.
-
-, Commercial means a structure or structures which harness wind energy for the sole
purpose of selling it back to the electrical grid for off-site consumption. This definition
does not include those installations which have received a Renewable Energy Approval.
Yard means an open uncovered space appurtenant to a building or structure.
-
-, Front means the space extending across the full width of a lot between the front lot
line and nearest part of any main building or structure on the lot.
-
-, Minimum means the space measured from the lot line, the minimum depth of which
is regulated by the provisions of this By-law.
-
-, Rear means the space extending across the full width of a lot between the rear lot line
and the nearest part of any main building or structure on the lot.
-
-, Side means the space extending from the front yard to the rear yard between the side
lot line and the nearest part of any main building or structure on the lot.
Exterior Side Yard means a side yard immediately adjacent to a street.
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Zoning By-law
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September 29, 2021
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Interior Side Yard means a side yard other than an exterior side yard.
Zone means:
-
a land use category as defined and regulated in this By-law; or
-
a designated area of land use shown on the Schedule of this By-law.
Zoning Administrator means the officer or employee of the Township charged with the duty of
enforcing the provisions of this By-law.
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September 29, 2021
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3.0 General Provisions
3.1 Accessory Uses
Where this By-law provides that land may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory building or accessory use incidental
thereto, in accordance with the following provisions:
3.1.1 Secondary and Additional Dwelling Units (basement apartments, in-law
suites) and Garden Suites
In Residential Zones, the use of two residential units in a detached house, semi-detached house, or
rowhouse; and the use of a residential unit in a building or structure accessory to a detached
house, semi-detached house, or rowhouse is permitted. In certain commercial zones, the use of a
residential unit accessory to a permitted commercial use is permitted.
Where these uses are permitted, they are subject to the following provisions:
Notwithstanding the provisions of this By-law, no dwelling unit shall be located in a non-residential
building that is used for commercial garage.
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3.1.2 Outdoor Furnaces
An outdoor furnace shall only be permitted on lots having an area of 1.0 ha (2.5 ac) or greater in
the RR, RR1, and RU Zones, subject to the following provisions:
3.1.3 Portable Garages
Portable garages are permitted in all residential zones, subject to the following provisions:
3.1.4 Renewable Energy Accessory Uses
Accessory solar power installations may be installed in any zone, subject to the following
provisions:
Structures which harness wind energy for the primary purpose of on-site consumption may only be
erected in Rural Zones, subject to the following provisions:
3.1.5 Shipping Containers
A maximum of two shipping containers are permitted in the rear yards of the C2, M1, M2, and RM
zones, subject to the following conditions:
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3.1.6 Swimming Pools
In a Residential Zone, a private swimming pool or hot tub and structures in conjunction with such a
swimming pool or hot tub may be erected and used in the required interior side yard or rear yard
in accordance with the following:
3.2 Automobile Services Stations and Commercial Garages
Where commercial garages and gas bars are permitted, the following provisions shall apply:
Lot Frontage (min)
60 m (197 ft)
Lot Depth (min)
-
Corner Lot
-
Interior Lot
-
60 m (197 ft)
-
45 m (148 ft)
Yard Requirements, Buildings and Pumps (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
15 m (49 ft)
-
7.5 m (25 ft)
-
4.5 m (15 ft)
Yard Requirements, Pump Island (any portion) (min)
-
Front / Exterior Side
-
6.0 m (20 ft)
Driveways
-
Setback from intersection of two street lines (min)
-
Width at street line (min)
-
Width at street line (max)
-
Distance between driveways (min)
-
Setback from property lines (min)
-
9.0 m (30 ft)
-
8.0 m (26 ft)
-
9.0 m (30 ft)
-
9.0 m (30 ft)
-
3.0 m (9.8 ft)
Where a commercial garage or gas bar abuts a street or residential zone, a 3.0 m (9.8 ft) strip
of landscaped open space shall be provided and maintained along such street line or property
line and shall be continuous except for driveway accesses.
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A permitted dwelling unit shall not be attached to a building used as an automobile service
station or a commercial garage.
3.3 Construction Uses
A building or structure, incidental to construction on the lot where such building or structure
is situated, is permitted in all zones for as long as it is necessary for the work in progress and
until the work is completed or abandoned, and only while a valid building permit for such
construction remains in force.
"Abandoned" in this subsection means the failure to not proceed expeditiously with the
construction work or the failure to not undertake any construction work during a continuous
6-month period.
3.4 Encroachments into Required Yards
Notwithstanding the yard and setback provisions of this By-Law to the contrary, the following
projections into yards are permitted as specified herein:
Type of Structure
Location and Size of Projection Permitted
Ornamental structure: chimneys,
cornices, eaves, gutters, parapets,
pilasters, or other ornamental structures
Any required yard a maximum distance of 0.6
m (2.0 ft)
Drop awnings, clothes poles, flag poles,
garden trellises, fences, or retaining walls
Any required yard in any location
Unenclosed porch, balcony, patio or steps
Any required yard a maximum distance of 1.5
m (4.9 ft) provided that in the case of a porch
or steps such uses are not more than 1.8 m
(5.9 ft) above grade
Unenclosed fire escape and the structural
members necessary for its support
Any required yard or setback a maximum
distance of 1.2 m (3.9 ft)
Gate (guard) house in an Industrial Zone
Front or side yard in any location
3.4.1 Building in Built-up Area
Notwithstanding the provisions of this By-law to the contrary, where a detached dwelling or
accessory use thereto is to be erected in a built-up area where there is an established building line,
such dwelling or accessory use may be erected closer to the street line, than required by this By-
law provided such dwelling or accessory use is not erected closer to the street line than the
established building line on the date of passing of this By-law and further provided that in no case
shall any building be erected closer than 3.0 m (9.8 ft) from the front lot line and need not be set
back a distance greater than setback regulations prescribed in the zone in which it is situated.
3.5 Flood Plain Hazard (HAZ) Overlay
Notwithstanding any other provision of this By-law to the contrary, within the areas shown as Flood
Plain Hazard (HAZ) Overlay, the following shall apply:
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3.6 Frontage on Public Roads or Private Roads with Agreement
No person shall erect any building or structure in any zone unless the lot upon which such building
or structure is to be erected fronts upon a street or road that is open and maintained by a public
road authority on a year round basis, except as otherwise permitted by this By-law.
Notwithstanding the foregoing, permitted uses may be erected on a lot which abuts a legal right-
of-way and has a legal agreement regarding access and maintenance registered on title.
3.7 Height Exceptions
Notwithstanding the height provisions, nothing in this By-law shall apply to prevent the erection of
a church spire, flag pole, belfry, clock tower, chimney, farm building or structure other than a
dwelling, silo, water tank, windmill, solar collector, radio, radar, or television tower or antenna, or
drive-in theatre screen.
3.8 Home-Based Businesses
The following uses shall be considered permitted accessory uses to any residential use:
-
Domestic Arts: Instruction in or business involving music, religion, dancing, arts and
crafts, sewing, hairdressing, baking, catering, or similar activities.
-
Professional Uses: An office or consulting room for a physician, surgeon, dentist or
other medical practitioner, academics, drafting, insurance agent, lawyer, engineer,
architect, accountant, salesperson, building contractor, or persons engaged in a similar
occupation.
Permitted accessory home-based businesses are subject to the following provisions:
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In R1 and R2 Zones the following additional provisions shall apply:
In the Rural Zones, rural home-based businesses, shall be permitted in accordance with the
following provisions:
-
The retail sale of produce grown on the lot, the retail sale of goods made
using produce grown on the lot, and a veterinarian's office.
-
The retail sale of agricultural equipment and supplies or a service outlet
for agricultural equipment and supplies.
3.9 Landscaping
Where a lot is used for a Commercial or Industrial purpose and the interior side or rear lot line
abuts a Residential or Open Space Zone, then a strip adjoining such abutting lot line shall be used
for no purpose other than a planting strip in accordance with the following provisions:
The required planting strip shall be a minimum width of 3.0 m (9.8 ft).
A planting strip shall be used for no other purpose than a continuous fence or hedge row of
evergreens or shrubs, not less than 1.5 m (4.9 ft) high immediately adjoining the lot line or
portion thereof along which such planting strip is required herein, provided that no fence or
hedge row shall be required or permitted to a height in excess of 1.0 m (3.3 ft) closer to a street
line than the required yard depth.
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In all cases where ingress and egress driveways or walks extend through a planting strip, it shall
be permissible to interrupt the strip within 3.0 m (9.8 ft) of the edge of such driveway or within
1.5 m (4.9 ft) of the edge of such walk.
A planting strip referred to in this subsection may form part of any landscaped open space
required by this By-law.
3.10 Lots in 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. Notwithstanding the foregoing, for lots which are partially in a holding zone of the
"h" type or in the Hazard Zone, the entire lot shall be used to determine zone requirements such as
area, frontage, coverage, and setbacks.
3.11 Municipal Services
No person shall hereafter erect and use in whole or in part any building or structure without
municipal piped services for any purpose in the R1, R2, C1, C2, M1, M2, and I Zones, except where
specifically permitted as an exception to this By-law.
3.12 Non-Complying Buildings, Structures, and Lots
3.12.1 Alterations to Non-Complying Buildings and Structures
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation, or repair of an
existing non-complying building or structure provided such enlargement, reconstruction,
renovation, or repair shall not further the non-compliance with the By-law or contravene any other
zone provisions.
3.12.2 Use of Undersized Lots
Where a lot having less than the minimum lot area or frontage required by this By-law, exists on
the date of passing of this By-law or is increased in area or frontage but still does not meet the
minimum area or frontage requirements of this By-law, such lot may be used for a purpose
permitted in the zone in which it is located provided that all other applicable provisions in this By-
law are met.
3.12.3 Expropriation and/or Road Widening
If any legally existing building or structure would become non-complying as a result of a road
widening or an expropriation, by having any yard reduced, the said existing building or structure
shall be deemed to be complying for the purposes of this By-law.
If any legally existing lot would become non-complying as a result of a road widening or an
expropriation, by having its lot area and/or lot frontage reduced, the said existing lot shall be
deemed to be complying for the purposes of this By-law.
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3.13 Non-Conforming Buildings and Structures
3.13.1 Rebuilding, Repair, and Strengthening Permitted
Nothing in this By-law shall prevent the rebuilding, repair, or strengthening to a safe condition,
including the installation of eaves troughs, siding, brick, or insulation, of a non-conforming building
or structure that is damaged subsequent to the date of passing of this By-law, provided that the
floor area of the original building or structure is not increased, and the use of the building or
structure is not altered, unless altered to a permitted use.
3.13.2 Change of Use
The use of any lot, building, or structure which is not permitted in the zone in which it is located
shall not be changed except to a use which is listed as a permitted use in such zone or to a use
which is authorized by Council pursuant to its powers under the Planning Act.
3.14 Noxious Uses
No use shall be permitted which from its nature or the materials used therein, is declared to be a
noxious trade, business, or manufacture.
3.15 Occupancy Restrictions
No human habitation nor an occupation or activity conducted for gain or profit unless specifically
permitted elsewhere in this By-law shall be permitted in the following buildings, structures, or parts
thereof:
any truck, bus, coach, or streetcar body whether or not the same is mounted on wheels;
any cellar, as defined in this By-law; and
any trailer or recreational vehicle.
3.16 Open Storage
Open Storage shall be restricted to the Highway Commercial and Industrial Zones in accordance
with the following:
In the C2 Zone, open storage shall not be permitted within any front, side, or rear yard where
the C2 Zone abuts any Residential or Institutional Zone.
In the M1 and M2 Zones, open storage shall not be permitted within any front yard nor within
the minimum side or rear yard where these zones abut any Residential or Institutional Zone.
A strip of landscaped open space, a minimum of 3.0 m (9.8 ft) wide shall be provided around
all sides of an open storage area which abut adjacent properties.
Where open storage areas abut Residential or Institutional Zones, the required landscaped
open space must also include visual screening. Any combination of plant materials, landscaped
berms, or fencing may be used, but such materials must provide an effective visual screen
between the open storage areas and the abutting properties.
Any areas used for open storage shall be in addition to any minimum off-street parking or
loading areas required by this By-law.
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3.17 Parking Requirements
3.17.1 Number of Spaces Required
The owner of every building or structure erected or used for any of the purposes hereinafter
set forth shall provide and maintain for the sole use of the owner, occupant, or other persons
entering upon or making use of the said premises from time to time, parking spaces and areas
as follows:
Type of Building
Minimum Parking Required
Apartment dwelling, townhouse,
retirement home
1.5 parking spaces per dwelling unit of which
10% shall be designated for guest parking
areas
Boarding house
1 parking space per unit or guest room
Residential dwelling unit in a non-
residential building
1 parking space per dwelling unit
Secondary unit, additional residential unit,
and garden suite
1 parking space per dwelling unit
All other residential dwelling units
2 parking spaces per dwelling unit
Building supply outlet or similar use
1 parking space per 45 sqm (484 sqft) floor
area
Clinic
5 parking spaces for each doctor or
practitioner.
Child care centre
2 parking spaces when accessory to a
residential use, otherwise, 1 per 40 sqm (431
sqft) net floor area
Church, funeral home, auditorium,
restaurant, arena, or other places of
assembly
Where there are fixed seats, 1 parking space
for every 5 seats or 3.0 m (9.8 ft) of bench
space, where there are no fixed seats, 1
parking space for each 9 sqm (97 sqft) of
floor area devoted to public use
Convenience store
1 parking space per 20 sqm (215 sqft) floor
area
Heavy equipment sales outlet
1 parking space per 45 sqm (484 sqft) floor
area
Hospital or institution
1 parking space for each 2 beds or 40 sqm
(431 sqft) of floor area whichever is greater,
plus 1 additional space for each resident
doctor or resident employee
Hotel, motel, tourist cabin, bed and
breakfast establishment, and campground
1 parking space per unit or guest room or
campsite, and 1 additional parking space for
each 9 sqm (97 sqft) of floor area devoted to
public use
Industrial use
1 parking space for every 90 sqm (969 sqft)
of total floor area plus 1 parking space per 30
sqm (323 sqft) accessory office
Office, financial institution, including a
home-based business office
1 parking space per 30 sqm (323 sqft) of
office floor area
Other commercial uses
1 parking space for each 30 sqm (323 sqft) of
total floor area, exclusive of accessory office
space
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Type of Building
Minimum Parking Required
Personal service shop
1 parking space per 20 sqm (215 sqft) floor
area
Recreational facility, unless otherwise
listed
1 parking space for each 2 persons in the
designed capacity of the establishment
Retail store
1 parking space per 20 sqm (215 sqft) floor
area
Schools
1.5 parking spaces for each teaching area,
plus 1 separate bus loading area per 2
teaching areas
Warehouse
1 parking space per 90 sqm (969 sqft) floor
area plus 1 parking space per 30 sqm (323
sqft) accessory office
When a building or structure accommodates more than one type of use, as defined in this By-
law, the parking space requirement for the whole building shall be the sum of the requirements
for the separate parts of the building occupied by the separate types of use.
3.17.2 Parking Area Requirements
The parking area shall be located on the same lot as the use it is intended to serve except in
the case of the General Commercial (C1) Zone, where the parking area may be allocated in an
off-street parking lot.
No parking shall be permitted within 8.0 m (26 ft) of the highwater mark or within any 3.0 m
(9.8 ft) of lot line abutting a lot in a Residential Zone.
Each parking space shall be at least 3.0 m (9.8 ft) by 6.0 m (20 ft) and shall be provided with
unobstructed access to a street by a driveway, aisle, lane, or private road;
Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards Regulation
191/11 or its successors. Refer to Appendix A for more information on requirements at the
time of the writing of this By-law.
Notwithstanding the yard and setback provisions of this Bylaw to the contrary, uncovered
surface parking areas, in other than Residential Zones, shall be permitted in any required yard
or in the area between the road or street line and the required setback provided no part of the
parking area, other than a driveway, is located closer than 1.0 m (3.3 ft) to any road or street
line. In Residential Zones no parking shall be permitted in the required front yard of any lot
except on a driveway of 6.0 m (20 ft) maximum width.
Where a parking area is situated in a Residential Zone and is designed to accommodate more
than six (6) automobiles, a strip of land not less than 3.0 m (9.8 ft) wide, around the periphery
of the parking area, shall not be used for any purpose other than landscaping but this shall not
prevent the provision of entrances or exits to said parking area across the strip.
3.17.3 Parking Area Surface
In a Commercial or Industrial Zone, a parking area and driveway connecting the parking area with a
street shall be maintained with a stable surface that is treated so as to prevent the raising of dust
or loose particles. The parking area and driveway shall be constructed of crushed stone, slag,
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gravel, crushed brick, cinders, asphalt, concrete, Portland cement binder, or like material and made
with provisions for drainage facilities.
3.17.4 Ingress and Egress
Ingress and egress, to and from the required parking spaces and areas shall be provided by
means of unobstructed driveway aisles at least 4.0 m (13 ft) but not more than 9.0 m (30 ft) in
width.
The maximum width of any joint ingress and egress driveway measured along the street line
shall be 9.0 m (30 ft).
The minimum distance between a driveway and an intersection of street line shall be 7.5 m (25
ft).
The minimum angle of intersection between a driveway and a street line shall be sixty (60)
degrees.
Every lot shall be limited to the following number of driveways: a) up to the first 30 m (98 ft)
of frontage not more than two (2) driveways; and b) for each additional 30 m (98 ft) of frontage
not more than one (1) additional driveway.
3.17.5 Illumination
Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any
fixture shall be more than 9.0 m (30 ft) above the finished grade of the parking area. Fixtures shall
be so designed and installed that the light is directed downward and deflected away from adjacent
lots, roads and streets.
3.17.6 Addition to Building or Structure
When a building or structure has insufficient parking area at the date of passing of this By-law to
comply with the requirements herein, this By-law shall not be construed to require that the
deficiency be made up prior to the construction of any addition. No addition may be built,
however, and no change of use may occur, the effect of which would be an increase in that
deficiency.
3.17.7 Use of Parking Spaces and Areas
Any area where off-street parking is permitted under this By-law shall be used for no other parking
purpose than for the parking of operative passenger vehicles and commercial vehicles used in
operations incidental to the permitted uses on the lot, all bearing currently valid licence plates.
3.18 Public Uses Permitted
The provisions of this By-law shall not apply to the use of any land or to the erection or use of any
building or structure for the purpose of public service by the Township of Hornepayne and/or any
Public Authority, or Ministry of the Government of Ontario or Canada, including Hydro One
Networks Inc., or any telephone, broadband, cellular or gas company, provided that where such
land, building, or structure is located in any zone:
no goods, material or equipment shall be stored in the open, except as permitted in such zone;
the lot coverage and yard requirements described for such zones shall be complied with; and
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parking and loading requirements as contained in this By-law shall be complied with.
Nothing in this By-law shall prevent the installation of a watermain, sanitary sewer main, storm
sewer main, gas main, pipeline, or overhead or underground hydro and telephone line provided
that the location of such main or line has been approved by the Township.
3.19 Recreational Vehicles
3.19.1 Habitation Prohibited without Primary Use
Use of a recreational vehicle for habitation for any time period is prohibited on any lot in any zone
without a primary use.
3.19.2 Temporary use Permitted with Primary use
Use of a recreational vehicle for temporary habitation is permitted on a lot with a primary
residential use for a period of up to 14 days.
3.19.3 Storage regulations
Storage of a recreational vehicle may only occur on a residential lot, or accessory to a permitted
residential use in accordance with the following provisions.
3.20 Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, 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 or tree, hedge, bush, or other vegetation, the top of which exceeds 1.0 m (3.3 ft) in
height above the elevation of the centrelines of abutting streets;
a parking area; and
a finished grade which exceeds the elevation of the centrelines of abutting streets by more
than 0.5 m (1.6 ft).
3.21 Signs
The provisions of this By-law shall not apply to prevent the erection, alteration, or use of any legal
sign provided that such sign complies with the provisions of this By-law regarding sight triangles.
3.22 Temporary Uses
Any temporary construction facility such as a shed, scaffold, sales office, temporary
accommodation facility such as a recreational vehicle, and equipment incidental to building on
the premises for a maximum period of two years shall be permitted in any zone. Temporary
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accommodation will only be permitted in the case when an existing dwelling is damaged to the
extent that it becomes inhabitable and for the time period while reconstruction of the dwelling
is in progress.
Other temporary uses may be authorized from time to time by Zoning By-law amendment
pursuant to Section 39 of the Planning Act.
3.23 Wayside Pits and Quarries
Wayside pits and quarries and portable asphalt plants are generally permitted throughout the
Township without the need to amend the Zoning By-law, provided no severe environmental
disruption will occur and the site is not within a Residential Zone, wetland, or watercourse. The
Township shall require a rehabilitation plan as a condition of approval.
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4.0 Zones
For the purpose of this By-law all land within the boundaries of the Township of Hornepayne is
hereby divided and established into Zones which are shown on the attached Schedules by the
accompanying symbols:
-
R1
Low Density Residential
-
R2
Medium Density Residential
-
C1
General Commercial
-
C2
Highway Commercial
-
M1
Light Industrial
-
M2
Heavy Industrial
-
MD
Disposal Industrial
-
MX
Extractive Industrial
-
MR
Rural Industrial
-
I
Institutional
-
OS
Open Space
-
RR
Rural Residential
-
RR1
Recreational Residential
-
RU
Rural
-
HAZ
Hazard Lands (overlay)
In addition, the following suffixes may be used in conjunction with any of the foregoing zones, in
which case, the relevant provisions of Section 4.4 or 4.5 will apply respectively:
-
-(numeral): special exception zone
-
-h : holding zone
-
-T: temporary use
4.1
Schedules
The aforementioned zones together with the zone boundaries are shown on the attached Schedule
"A" and Schedule "B" which forms part of this By-law.
4.2
Boundaries of Zones
Where the boundary of any zone, as shown on the attached Schedules are uncertain, the following
provisions shall apply:
where the boundary is indicated as following a street, lane, railway right-of-way, or other right-
of-way, then the boundary shall be the centre line of such street, lane, railway, right-of-way,
or other right-of-way;
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where the boundary is shown as approximately following a lot line or an extension of a lot line
on a registered plan of subdivision or registered survey plan, the lot line or extension thereof
shall be the boundary;
where the boundary is shown as approximately following a watercourse, then the highwater
mark shall be the boundary where no flood plain mapping exists. In the case where 1:100 year
floodline is available, the boundary shall be the 1:100 year floodline; and
where uncertainty exists as to the boundary of any zone, then the location of such boundary
shall be determined from the original Schedules which are available at the Clerk's office.
4.3
Streets and Rights-of-Way
A street, lane, railway right-of-way, or other right-of-way shown on the attached Schedules shall be
included, unless otherwise indicated, with the zone of adjoining property on either side thereof.
4.4
Special Exception Zones
Where a zone symbol is followed by a dash and a number (for example "M1-1"), the lands so
designated shall be subject to all of the provisions of the zone represented by such symbol, except
as otherwise provided by the special exception provisions of the zone. These special provisions are
listed separately under the appropriate zone (e.g. M1) in the text of this By-law.
4.5
Holding Zones
Any parcel or area of land may be further classified as a holding zone with the addition of the suffix
"-h". The intent is to signify Council's approval in principle to future development of the land for
the purposes indicated by the symbol. The holding classification added to a given zone shall restrict
development of the land until the requirements of the Official Plan related to holding zones have
been met.
Where a holding zone applies, no lands shall be used and no buildings or structures shall be
erected or used for any purpose other than those uses existing for such land, building, or
structure on the date of passing of this By-law.
Any change from the holding status shall require an amendment to this By-law, and the
Township may require that the applicant enter into an agreement for the development of
his/her lands prior to the amendment being approved.
4.6
Building, Structure, and Use Classification
The buildings, structures, and uses specifically named as permitted uses in a particular zone are the
only uses permitted in the particular zone in which they are named and classified.
4.7
Temporary Use By-laws
Temporary use By-laws may have been passed by the Township to allow temporary uses pursuant
to Section 39 of the Planning Act. Temporary uses are shown on the schedules as special
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exceptions and details concerning the temporary use are included in the special exception text
within the specific zone category.
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5.0 Low Density Residential (R1) Zone
5.1 Permitted Uses
-
Single detached dwellings
-
Duplex dwellings
-
Semi-detached dwellings
-
Group homes
-
Bed and Breakfasts
-
Secondary and additional dwellings units, in accordance with Section 3.1.1
-
Home-based businesses
-
Accessory uses
5.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the R1 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Single Detached
Semi-detached and Duplex
Lot Area (min)
500 sqm (5,382 sqft)
300 sqm (3,229 sqft) per
unit
Lot Frontage (min)
16 m (53 ft)
9 m (30 ft) per unit
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
1.2 m (3.9 ft) + 0.5 m (1.6 ft)
for each storey above the
first
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
2.0 m* (6.6 ft)
Building Height (max)
10 m (33 ft)
10 m (33 ft)
Lot Coverage (max)
40%
40%
Dwelling Units per Lot (max)
1 plus accessory
apartments/additional dwelling
units in accordance with Section
3.1.1
Duplex: 2
Semi-detached: 2 plus
accessory
apartments/additional
dwelling units in
accordance with Section
3.1.1
*For semi-detached dwellings, no minimum side yard will be required between two adjoining units.
5.3 Special Exception Zones
5.3.1 R1-1 Partial Services (various locations)
Notwithstanding the provisions of Section 3.10, on lands in the R1-1 zone, development of the lot
on partial services is permitted in accordance with the provisions of the R1 Zone.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
38
By-law ________
5.4 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
39
By-law ________
6.0 Medium Density Residential (R2) Zone
6.1 Permitted Uses
-
R1 uses, in accordance with the provisions of Section 5.2
-
Triplex dwelling
-
Rowhouse dwelling
-
Apartment dwelling
-
Boarding/rooming house
-
Secondary and additional dwellings units, in accordance with Section 3.1.1
-
Home-based businesses
-
Accessory uses
6.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the R2 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Rowhouse
Triplex/Apartment
Dwelling
Boarding/Rooming
House
Lot Area (min)
250 sqm (2,691
sqft)/unit
105 sqm (1,130
sqft)/unit
650 sqm (6,997
sqft)
Lot Frontage (min)
25 m (82 ft)
20 m (66 ft)
20 m (66 ft)
Yard Requirements
(min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
3.0 m (9.8 ft)
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
3.0 m (9.8 ft)
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
5.0 m (16 ft)
Building Height (max)
10 m (33 ft)
15 m (49 ft)
10 m (33 ft)
Lot Coverage (max)
35%
Gross Floor Area per
Dwelling Unit (min)
-
Bachelor
-
One-bedroom
-
Two-bedroom
-
Three-or more
bedroom
-
35 sqm (377 sqft)
-
55 sqm (592 sqft)
-
75 sqm (807 sqft)
-
90 sqm (969 sqft)
N/A
6.3 Special Exception Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
40
By-law ________
6.4 Holding Zones
6.4.1 Napier Street
No building or structure shall be permitted until such time as the holding suffix "-h" is removed by
amendment. The removal of the "-h" shall only occur when the following conditions are fulfilled to
the satisfaction of the Township:
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
41
By-law ________
7.0 General Commercial (C1) Zone
7.1 Permitted Uses
-
Apartment dwellings, in accordance with the provisions of the R2 Zone
-
Boarding/rooming houses
-
Automobile service stations
-
Commercial schools
-
Farmers' markets
-
Financial offices
-
Funeral parlours
-
Government services
-
Hotels, motor inns, and motels
-
Institutional uses
-
Medical/dental offices
-
Offices
-
Parking lots
-
Personal and business services
-
Places of entertainment, recreation, and assembly
-
Private clubs
-
Restaurants
-
Restaurant carts, mobile or stationary
-
Retail stores
-
Service industrial uses limited to bakeries, dry cleaning establishments, printing shops, and
wholesaling establishments
-
Taxi and bus depots
-
Utility service buildings
-
Veterinary establishments
-
Existing residential uses
-
Additional dwellings units situated within the same building as a permitted commercial use, in
accordance with Section 3.1.1
-
Accessory uses
7.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the C1 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
500 sqm (5,382 sqft)
Lot Frontage (min)
15 m (49 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
none
-
9.0 m (30 ft)
-
none
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
42
By-law ________
Building Height (max)
15 m (49 ft)
Lot Coverage (max)
60%
7.3
Additional Zone Requirements
7.3.1 Increased Yard Requirements
Where a C1 Zone abuts a Residential Zone, the side yard requirement shall be 5.0 m (16 ft) of
which 3.0 m (9.8 ft) shall be landscaped open space and the rear yard requirement shall be
increased to 9.0 m (30 ft) of which 3.0 m (9.8 ft) shall be landscaped open space. The landscaped
open space shall comply with the provisions of Section 3.8.
7.3.2 Special Provisions for Hotels, Motels, and Motor Inns
Where the exterior wall of a guest room contains a habitable room window, such wall shall be
located not closer than 7.0 m (23 ft) from any side or rear lot line.
7.3.3 Existing Residential Uses
The relevant provisions of Sections 5 or 6 shall apply as per the type of dwelling unit.
7.3.4 Automobile Service Stations
The provisions of Section 3.2 shall apply.
7.4 Special Exception Zones
Reserved.
7.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
43
By-law ________
8.0 Highway Commercial (C2) Zone
8.1 Permitted Uses
-
Apartment dwellings, in accordance with the provisions of the R2 Zone
-
Antique and craft shops
-
Automobile service stations
-
Automatic carwashes
-
Commercial garages
-
Drive-in establishments
-
Farm machinery sales and service establishments
-
Hotels, motels, and motor inns
-
Offices
-
Recreational vehicle and marine equipment sales and service
-
Restaurants
-
Restaurant carts, mobile or stationary
-
Retail stores
-
Self-service laundromats
-
Trailer and mobile home sales
-
Existing residential uses
-
Additional dwellings units situated within the same building as a permitted commercial use, in
accordance with Section 3.1.1
-
Accessory uses
8.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the C2 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
550 sqm (5,920 sqft)
Lot Frontage (min)
30 m (98 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
6.0 m (20 ft)
-
9.0 m (30 ft)
-
8.0 m (26 ft)
Building Height (max)
15 m (49 ft)
Lot Coverage (max)
40%
8.3
Additional Zone Requirements
8.3.1 Automobile Service Stations and Commercial Garages
The provisions of Section 3.2 shall apply to any automobile service station or commercial garage.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
44
By-law ________
8.3.2 Special Provisions for Hotels, Motels, and Motor Inns
Where the exterior wall of a guest room contains a habitable room window, such wall shall be
located not closer than 7.0 m (23 ft) from any side or rear lot line.
8.3.3 Landscaping
The provisions of Section 3.8 shall apply when a lot zoned C2 abuts a Residential Zone.
8.3.4 Open Storage
The provisions of Section 3.15 shall apply to any commercial use where open storage of goods or
materials is involved.
8.3.5 Residential Uses
The relevant provisions of Sections 5 or 6 shall apply as per the type of dwelling unit.
8.4 Special Exception Zones
Reserved.
8.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
45
By-law ________
9.0 Light Industrial (M1) Zone
9.1 Permitted Uses
-
Commercial greenhouses
-
Emergency vehicle dispatch centres
-
Landscaping operations
-
Light industrial uses
-
Rental stores - small equipment
-
Scientific or medical laboratories
-
Schools, commercial (adult training), including trucking
-
Self-storage facilities
-
Service industries, not including or excepting a commercial garage
-
Veterinary establishments, kennels
-
Warehouses
-
Commercial uses, accessory to a permitted light industrial use
-
Offices, accessory to a permitted light industrial use
-
Retail stores, accessory to a permitted light industrial use
-
One (1) dwelling unit accessory to and on the same lot as a permitted industrial use, in
accordance with the provisions of Section 5
-
Accessory uses
9.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the M1 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
700 sqm (7,535 sqft)
Lot Frontage (min)
30 m (98 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
12 m (39 ft)
-
9.0 m (30 ft)
-
8.0 m (26 ft)
Building Height (max)
15 m (49 ft)
Lot Coverage (max)
40%
9.3 Additional Zone Provisions
9.3.1 Landscaping
The provisions of Section 3.8 shall apply when a lot zoned M1 abuts a Residential Zone.
9.4 Special Exception Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
46
By-law ________
9.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
47
By-law ________
10.0 Heavy Industrial (M2) Zone
10.1 Permitted Uses
-
The manufacturing, extracting, and processing of raw materials, repair work shops, and bulk
storage of goods allowed shall include uses such as the following:
o Automobile wrecking yards
o Bleaching compound manufacturing
o Bottled gas storage, distribution, and bulk storage
o Coal and coke yards
o Creosote treatment or manufacturing
o Food manufacture and processing
o Foundries
o Furniture, bulk manufacturing
o Lumber mills, sawmills
o Manufacturing industries
o Meat packers
o Ornamental metal work
o Pulp and paper manufacture and related uses
o Septic tank servicing and cleaning equipment yards
o Storage, sorting, collecting, or baking of rags, paper, iron, or junk
-
Commercial uses, accessory to a permitted industrial use
-
Offices, accessory to a permitted industrial use
-
One (1) detached dwelling unit accessory to and on the same lot as a permitted industrial use
-
Accessory uses
10.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the M2 Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
8,000 sqm (2.0 ac)
Lot Frontage (min)
60 m (197 ft)
Yard Requirements, Industrial Use (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
15 m (49 ft)
-
15 m (49 ft)
-
15 m (49 ft)
Yard Requirements, Accessory
Commercial/Office Use (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
6.0 m (20 ft)
-
10 m (33 ft)
-
8.0 m (26 ft)
Lot Coverage (max)
50%
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
48
By-law ________
10.3 Additional Zone Requirements
10.3.1 Residential Uses
A permitted dwelling unit shall be located at least 15 m (49 ft) from the main building or buildings
related to a permitted M2 use. The provisions of Section 5.2 shall apply with regard to zone
requirements.
10.3.2 Landscaping
The provisions of Section 3.8 shall apply when a lot zoned M2 abuts a Residential Zone.
10.3.3 Open Storage
The provisions of Section 3.15 shall apply to any permitted industrial use where open storage is
involved.
10.4 Special Exception Zones
10.4.1 M2-1 CN Railway PCL 1228 SEC AWS
Notwithstanding the provisions of Section 10.1, on lands in the M2-1 zone, the only permitted uses
shall be railway uses and their accessory buildings and structures.
10.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
49
By-law ________
11.0 Disposal Industrial (MD) Zone
11.1 Permitted Uses
-
Equipment storage buildings, related to another MD use
-
Landfill sites
-
Public uses
-
Salvage yards
-
Sewage disposal sites
-
Waste disposal sites
-
Accessory uses
11.1.1 Prohibited Uses
-
Residential uses are prohibited.
11.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the MD Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Abutting Industrial Zone
Abutting any other Zone
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
20 m (66 ft)
-
15 m (49 ft)
-
20 m (66 ft)
-
30 m (98 ft)
-
30 m (98 ft)
-
30 m (98 ft)
11.3 Additional Zone Requirements
11.3.1 Location of Landfill Site
Notwithstanding any other provisions of this By-law to the contrary, no landfill site shall be
established within:
-
300 m (984 ft) of any waterbody; or
-
1,500 m (4,921 ft) of any Residential or Institutional building on another lot.
11.4 Special Exception Zones
Reserved.
11.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
50
By-law ________
12.0 Extractive Industrial (MX) Zone
12.1 Permitted Uses
-
Aggregate transfer stations
-
Asphalt plants
-
Crushing facilities
-
Pit and quarry operations
-
Ready-mix concrete plants
-
Stockpiles
-
Storage and screening operations
-
Offices, accessory to a permitted use
-
Accessory uses
12.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the MX Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
1.0 ha (2.5 ac)
Lot Frontage (min)
100 m (328 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
30 m (98 ft)
-
15 m (49 ft)
-
15 m (49 ft)
Building Height (max)
12 m (39 ft)
Lot Coverage (max)
50%
12.3 Additional Zone Requirements
Reserved.
12.4 Special Exception Zones
Reserved.
12.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
51
By-law ________
13.0 Rural Industrial (MR) Zone
13.1 Permitted Uses
-
Builder's supply yards
-
Commercial garages
-
Contractor or tradesman shops or yards
-
Custom workshops
-
Dry industries
-
Equipment or materials storage yards
-
Fabricating shops
-
Farm produce storage areas
-
Feed mills
-
Machine or welding shops
-
Manufacturing plants
-
Municipal works buildings
-
Processing plants
-
Sawmills
-
Service industries
-
Service shops
-
Service shops (heavy)
-
Transport terminals, including fuel transhipment facilities
-
Truck or bus storage terminals
-
Warehouses
-
Offices, accessory to a permitted use
-
Accessory uses
13.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the MR Zone except in accordance with the provisions of this Section, Section 3.0 General
Provisions, and other relevant Sections of this By-law.
Lot Area (min)
1.0 ha (2.5 ac)
Lot Frontage (min)
60 m (197 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
15 m (49 ft)
-
15 m (49 ft)
-
9.0 m (30 ft)
Building Height (max)
12 m (40 ft)
Lot Coverage (max)
20%
13.3 Additional Zone Requirements
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
52
By-law ________
13.4 Special Exception Zones
Reserved.
13.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
53
By-law ________
14.0 Institutional (I) Zone
14.1 Permitted Uses
-
Cemeteries
-
Child care centres
-
Facilities for charitable organizations
-
Government services
-
Group homes
-
Institutional uses
-
Nursing homes, clinics, and health care facilities
-
Municipal service facilities
-
Private clubs
-
Public parks
-
Recreational facilities
-
Religious institutions and accessory dwelling units thereto
-
Rest homes and senior citizen dwelling units
-
Schools and other educational facilities
-
Dwelling units, accessory to and on the same lot as a permitted institutional use
-
Accessory uses
14.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the I Zone except in accordance with the provisions of this Section, Section 3.0 General Provisions,
and other relevant Sections of this By-law.
Lot Area (min)
500 sqm (5,382 sqft)
Lot Frontage (min)
15 m (49 ft)
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
5.0 m (16 ft)
-
7.0 m (23 ft)
-
3.0 m (9.8 ft)
Building Height (max)
14 m (46 ft)
Lot Coverage (max)
40%
14.3 Additional Zone Requirements
14.3.1 Cemeteries
Cemeteries shall not be governed by the foregoing standards but shall conform with the
Cemeteries Act.
14.3.2 Residential Uses
The relevant provisions of Section 5 or 6 shall apply as per the type of dwelling unit.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
54
By-law ________
15.0 Open Space (OS) Zone
15.1 Permitted Uses
-
Cemeteries
-
Conservation uses
-
Golf courses
-
Private parks
-
Public parks
-
Recreational facilities
-
Accessory uses
15.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the I Zone except in accordance with the provisions of this Section, Section 3.0 General Provisions,
and other relevant Sections of this By-law.
A recreational building:
Yard Requirements (min)
-
Front / Exterior Side
-
Rear
-
Interior Side
-
7.5 m (25 ft)
-
7.5 m (25 ft)
-
3.0 m (9.8 ft)
Yard Requirements, Accessory Structure (min)
1.2 m (3.9 ft)
Lot Coverage (max)
20%
Landscaped Open Space (min)
50%
15.3 Additional Zone Requirements
Reserved.
15.4 Special Exception Zones
Reserved.
15.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
55
By-law ________
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
56
By-law ________
16.0 Rural Residential (RR) Zone
16.1 Permitted Uses
-
Single detached dwellings
-
Duplex dwellings
-
Semi-detached dwellings
-
Garden suites
-
Secondary and additional dwellings units, in accordance with Section 3.1.1
-
Home-based businesses
-
Accessory uses
16.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the RR Zone (as shown on the attached Schedules) except in accordance with the provisions of this
Section, and other relevant Sections of this By-law.
Lot Area (min)
10,000 sqm (1.0 ha) (2.5 ac)
Lot Frontage (min)
30 m (98 ft)
Yard Requirements (min)
-
All Yards
-
7.5 m (25 ft)
Building Height (max)
10 m (33 ft)
Lot Coverage (max)
20%
Dwelling Units per Lot (max)
1 plus accessory apartments/additional dwelling units in
accordance with Section 3.1.1
16.3 Additional Zone Requirements
a) The main building and tile fields will be set back at least 30 m (98 ft) from the highwater
marks of lakes and rivers.
b) When replacing an existing main building and tile fields, a 30 m (98 ft) setback should be
maintained.
c) All accessory buildings; gazebos, saunas, sleep camps, and decks will be set back at least 7
m (23 ft) from the highwater mark. No plumbing or cooking facilities shall be permitted.
d) Natural vegetation within the 30 m (98 ft) setback shall be disturbed as little as possible,
consistent with passage, safety, and provision of views and ventilation.
16.4 Special Exception Zones
Reserved.
16.5 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
57
By-law ________
17.0 Recreational Residential (RR1) Zone
17.1 General
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the RR1 Zone (as shown on the attached Schedules) except in accordance with the provisions of
this Section and of other relevant Sections of this By-law.
17.2 Permitted Uses
-
Single detached dwellings
-
Seasonal dwellings
-
Conservation uses
-
Existing uses
-
Private parks
-
Public parks
-
Accessory uses
17.3 Zone Provisions
Lot Area (min)
4,000 sqm (0.4 ha) (1 ac)
Lot Frontage (min)
27 m (89 ft)
Yard Requirements (min)
-
Front
-
Exterior side
-
Rear
-
Interior side
-
30 m (98 ft)
-
7.0 m (23 ft)
-
7.0 m (23 ft)
-
3.0 m (9.8 ft)
Building Height (max)
10 m (33 ft)
Lot Coverage (max)
20%
17.4 Additional Zone Requirements
a) The main building and tile fields will be set back at least 30 m (98 ft) from the high water
marks of lakes and rivers.
b) When replacing an existing main building and tile fields, a 30 m (98 ft) setback should be
maintained.
c) All accessory buildings; gazebos, saunas, sleep camps, and decks will be set back at least 7
m (23 ft) from the high water mark. No plumbing or cooking facilities shall be permitted.
d) Natural vegetation within the 30 m (98 ft) setback shall be disturbed as little as possible,
consistent with passage, safety, and provision of views and ventilation.
17.5 Special Exception Zones
Reserved.
17.6 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
58
By-law ________
18.0 Rural (RU) Zone
18.1 Permitted Uses
-
Single detached dwellings
-
Seasonal dwellings
-
Agricultural uses
-
Agricultural-related uses
-
Cemeteries
-
Existing uses
-
Forestry and conservation uses
-
Golf courses
-
Private parks
-
Public parks
-
Public communications and transportation facilities
-
Recreational facilities
-
Utilities
-
Veterinary establishments, kennels
-
Secondary apartments and additional dwelling units in accordance with Section 3.1.1
-
Accessory uses
18.2 Zone Provisions
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure in
the RU Zone (as shown on the attached Schedules) except in accordance with the provisions of this
Section, Section 3.0 General Provisions, and other relevant Sections of this By-law.
Lot Area (min)
10,000 sqm (1.0 ha) (2.5 ac)
Lot Frontage (min)
50 m (164 ft)
Yard Requirements (min)
-
All yards
-
15 m (49 ft)
Building Height (max)
10 m (33 ft)
Lot Coverage (max)
20%
18.3 Special Exception Zones
18.3.1 RU-1 (Airport)
Notwithstanding Section 19.1 to the contrary, on the lands zoned RU-1 the following uses shall also
be permitted:
-
Airport
-
Accessory uses
18.3.2 RU-2 PCL 6019 SEC AWS; PT LT 13 CON 5 WICKSTEED BEING LOCATION RY 7
PT 1 AR335; HORNEPAYNE
Notwithstanding Section 19.1 to the contrary, on the lands zoned RU-2 the following uses shall also
be permitted:
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
59
By-law ________
-
Apartment dwelling
-
Self-storage facility
18.3.3 RU-3 PCL 11538 SEC AWS; PT LT 14 CON 1 WICKSTEED BEING LOCATION CL
5180 PT 1 1R7091; HORNEPAYNE
Notwithstanding Section 19.1 to the contrary, on the lands zoned RU-3 the following uses shall also
be permitted:
-
Tourist outfitter's establishment
18.3.4 RU-4 PT LT 14 CON 3 WICKSTEED PARTS 2, 1R-13560; HORNEPAYNE
Notwithstanding Section 3.1.5 to the contrary, on the lands zoned RU-4 a maximum of 6 shipping
containers shall be permitted in accordance with provisions a) through e) of Section 3.1.5.
18.3.5 RU-5 1150 Highway 631; PCL 9471 SEC AWS; PT LT 15 CON 2 WICKSTEED
BEING LOCATION RY 53 PT 1 1R1959; HORNEPAYNE
Notwithstanding Section 19.1 to the contrary, on the lands zoned RU-5 the following uses shall also
be permitted:
-
Restaurant
-
Gas station
-
Tourist facilities
18.4 Holding Zones
Reserved.
The Township of Hornepayne
Zoning By-law
Final Draft to Township
September 29, 2021
60
By-law ________
19.0 Notice
This document may not include the most recent amendments or schedules. For further information
please contact the municipal office at the following:
The Township of Hornepayne
68 Front St; P.O. Box 370
Hornepayne, ON P0M 1Z0
Tel: (807) 868-2020
https://www.townshipofhornepayne.ca/
A - 1
Appendix A - Accessible parking space requirements per Ontario
Integrated Accessibility Standards Regulation 191/11
1.1 Accessible Parking Requirements
Provision of accessible parking spaces shall meet the Ontario Integrated Accessibility Standards
Regulation 191/11 or its successors. Multiple Residential (i.e., apartment dwellings), Commercial,
Industrial, and Institutional Uses, shall provide parking spaces for the exclusive use of persons with
disabilities in accordance with the following:
1. One parking space for the use of persons with disabilities, which meets the requirements of a
Type A parking space, where there are 12 parking spaces or fewer.
2. Four per cent of the total number of parking spaces for the use of persons with disabilities,
where there are between 13 and 100 parking spaces in accordance with the following ratio,
rounding up to the nearest whole number:
i. Where an even number of parking spaces for the use of persons with disabilities are
provided in accordance with the requirements of this paragraph, an equal number of
parking spaces that meet the requirements of a Type A parking space and a Type B
parking space must be provided.
ii. Where an odd number of parking spaces for the use of persons with disabilities are
provided in accordance with the requirements of this paragraph, the number of parking
spaces must be divided equally between parking spaces that meet the requirements of a
Type A parking space and a Type B parking space, but the additional parking space, the
odd-numbered space, may be a Type B parking space.
3. One parking space for the use of persons with disabilities and an additional three per cent of
parking spaces for the use of persons with disabilities, where there are between 101 and 200
parking spaces must be parking spaces for the use of persons with disabilities, calculated in
accordance with ratios set out in subparagraphs 2 i and ii, rounding up to the nearest whole
number.
4. Two parking spaces for the use of persons with disabilities and an additional two per cent of
parking spaces for the use of persons with disabilities, where there are between 201 and 1,000
parking spaces must be parking spaces for the use of persons with disabilities in accordance with
the ratio in subparagraphs 2 i and ii, rounding up to the nearest whole number.
5. Eleven parking spaces for the use of persons with disabilities and an additional one per cent of
parking spaces for the use of persons with disabilities, where more than 1,000 parking spaces are
provided must be parking spaces for the use of persons with disabilities in accordance with the
ratio in subparagraphs 2 i and ii, rounding up to the nearest whole number.
The Township of Hornepayne
Zoning By-law
Appendix A - Accessible parking space requirements per
Ontario Integrated Accessibility Standards Regulation 191/11
A - 2
Exceptions to the required minimum number of parking spaces may be granted as provided for in Ontario
Integrated Accessibility Standards Regulation 191/11 or its successors.
1.2 Accessible Parking Space Dimensions
Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards Regulation 191/11 or
its successors and at the time of the writing of this By-law be of the following two types:
Type A: minimum width of 3.4 m and signage that identifies the space as "van
accessible"
Type B: minimum width of 2.4 m
Access for accessible spaces may be shared by two parking spaces for the use of persons with disabilities
and must have a minimum width of 1.5 m.
1.3 Signage
Obligated organizations shall ensure that parking spaces for the use of persons with disabilities as
required under section 80.36 are distinctly indicated by erecting an accessible permit parking sign in
accordance with section 11 of Regulation 581 of the Revised Regulations of Ontario, 1990 (Accessible
Parking for Persons with Disabilities) made under the Highway Traffic Act.
U
V
631
U
V
631
Con. IV
Con. III
Con. II
Lot 17
Lot 16
Lot 15
Lot 14
Lot 13
Lot 12
Lot 11
RU
RU
RU
RU
RU
RU
RU
RU
RU
M1
C2
R1
M2-1
R2
HAZ
HAZ
HAZ
HAZ
RU-5
RU-4
R1
I
C2
R1
R1
M1
MR
M1
R1
R1-1
R1-1
R1-1
M2-1
R1
RU
MR
RR
R2
C1
OS
I
R1
R2-h
R1
I
R2
R2
I
I
R2
I
R1
I
I
C1
R2
MD
RU
C2
C2
OS
R2
M1
OS
RU
HIGH ST
LAIRD RD
3RD ST
1
ST AVE
GREEN ST
WILLOW ST
CEDAR ST
HERBERT AVE
LESLIE AVE
PINE ST
2ND ST
4TH AVE
1ST ST
N
APIER
ST
FRON
T
ST
2
ND AVE
NESSAMADINA AVE
MURPHYS LANE
ECOMADINA AVE
KING ST
MURPH
Y
A
V
E
BECKER RD
SPRUCE S
T
6TH AVE
7TH AVE
W END RD
MARAT
H
O
N RD
5TH AVE
3RD
AVE
QU
EEN ST
RIVERSIDE D
R
GOVERN
MENT LAKE ROAD
RO
UN
D
HOU
S
E RD
RAI
L
W
AY C
RESCEN
T
Hornepayne
Creek
Jackfish River
Jackfish River
Jackfish River
Jackfish River
Hornepayne Creek
Jackfish River
¯
0
100
200
300
400
50
Meters
Township of Hornepayne
Zoning By-Law
Schedule A - Urban Area
Legend
Transportation
Highway
Waterbodies
Waterbody
Stream
Print: 24-Sep-2021
Document Path: P:\29000\29331-000 - Twp of Hornpayne - New OP and ZBL\6-Production\2-Plan\29331_ZBL_ScheduleA.mxd
Data Source: Source Data has been provided by
the Ministry of Natural Resources,
Ministry of Northern Development and Mines,
and Township of Hornpayne
631
Zoning
R1, Low Density Residential
R2, Medium Density Residential
C1, General Commercial
C2, Highway Commercial
M1, Light Industrial
M2, Heavy Industrial
MD, Disposal Industrial
MR, Rural Industrial
I, Institutional
OS, Open Space
RR, Rural Residential
RU, Rural
HAZ, Flood Plain Hazard Overlay
^
SCHEDULE A
HAIG TOWNSHIP
ELGIE TOWNSHIP
LESSARD TOWNSHIP
LARKIN TOWNSHIP
CHELSEA TOWNSHIP
NAGAGAMI
TOWNSHIP
NEWLANDS
TOWNSHIP
MR
MR
MR
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU-3
MR
Spurline
Lake
MR
RU
RR
RR1
RR1
MD
MD
MX
RU
RU-1
MX
MX
MD
MD
RU-2
RR1
RR1
MX
OS
MX
BECKER RD
RAILWAY CRESCENT
GOVERNMENT LAKE ROAD
Banana
Lake
Lennon
Lake
Shadrock
Bay
Moonlight
Lake
Bear Lake
First
Government
Lake
Centre of
Ontario
¯
0
1,000
2,000
3,000
4,000
500
Meters
Township of Hornepayne
Zoning By-Law
Schedule B - Rural Area
Legend
Municipal Boundary
^
Centre of Ontario
Transportation
Highway
Road
Waterbodies
Waterbody
Stream
Print: 23-Sep-2021
Document Path: P:\29000\29331-000 - Twp of Hornpayne - New OP and ZBL\6-Production\2-Plan\29331_ZBL_ScheduleB.mxd
Data Source: Source Data has been provided by
the Ministry of Natural Resources,
Ministry of Northern Development and Mines,
and Township of Hornpayne
631
Zoning
M2, Heavy Industrial
MD, Disposal Industrial
MX, Extractive Industrial
MR, Rural Industrial
OS, Open Space
RR, Rural Residential
RR1, Recreational Residential
RU, Rural
HAZ, Flood Plain Hazard Overlay