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Prepared For:
The Corporation of the
Township of Horton
Prepared By:
County of Renfrew
Development & Property Department
Planning Division
9 International Drive
PEMBROKE, ON K8A 6W5
Passed by Council: May 4, 2010
Consolidated: March 23, 2011
P:\Data\MUNICIPAL\HORTON\Zoning By-law\NEW COMPREHENSIVE ZB\Final Document\By-law 2010-14 Consolidated.doc
CORPORATION
OF THE
TOWNSHIP OF HORTON
ZONING BY-LAW NO. 2010-14
TOWNSHIP OF HORTON
NOTICE OF PASSING OF A COMPREHENSIVE ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Township of Horton passed By-law
2010-14 on the 4th day of May, 2010 under Section 34 of the Planning Act.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect
of the By-law by filing with the Clerk of the Corporation of the Township of Horton not later than the
_______day of _________________, 20____ a notice of appeal setting out the objection to the By-law
and the reasons in support of the objection. Only individuals, corporations and public bodies may appeal
a zoning by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an
unincorporated association or group. However, a notice of appeal may be filed in the name of an
individual who is a member of the association or the group on its behalf. No person or public body shall
be added as a party to the hearing of the appeals unless, before the by-law was passed, the person or
public body made oral submissions at a public meeting or written submissions to the council or, in the
opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as
a party.
AND TAKE NOTICE that an appeal must set out the objection to the By-law, the reasons in support of
the objection and be accompanied by the prescribed fee. The prescribed fee is $125.00 and must be made
payable to the Minister of Finance.
An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies,
and a Key Map showing the location of the lands to which the By-law applies are attached. The complete
By-law is available for inspection in my office during regular office hours.
EXPLANATORY NOTE
This new zoning by-law repeals the former zoning by-law of the Township of Horton.
The Council of a municipality may, under Section 34 of the Planning Act, pass a Zoning By-law to
govern the use of land. The effect of By-law Number 2010-14 is to regulate the use of land and the
erection, location and use of buildings and structures within the entire Township of Horton. After the By-
law is in force, no land shall be used and no building or structure shall be erected, altered or used in any
manner except in conformity with the provisions of the By-law.
The By-law will not apply to prevent or hinder the continued use of any land, building or structure, if
such land, building or structure was lawfully used for such purpose on the day of the passing of the By-
law, so long as it continues to be used for that purpose.
As the By-law affects all lands within the Township of Horton, a Key Map has not been provided.
DATED at the Township of Horton this __________day of ___________________, 20________.
________________________
Mr. Mackie McLaren, CAO/Clerk
Township of Horton
2253 Johnston Road
R.R. #5
RENFREW, ON K7V 3Z8
3
TABLE OF CONTENTS
SECTION 1.0 - AUTHORIZATION AND USAGE .................................................................. 8
1.1
TITLE ............................................................................................................................. 8
1.2
SCOPE ............................................................................................................................ 8
1.3
ADMINISTRATION ...................................................................................................... 9
1.4
VALIDATION .............................................................................................................. 10
1.5
INTERPRETATION..................................................................................................... 11
SECTION 2.0 - DEFINITIONS ................................................................................................ 13
SECTION 3.0 - GENERAL PROVISIONS ............................................................................. 42
3.1
APPLICATION ............................................................................................................ 42
3.2
ACCESS see Subsection 3.14 Lots to Front on Streets. .............................................. 42
3.3
ACCESSORY USES, BUILDINGS AND STRUCTURES ........................................ 42
3.4
AUTOMOTIVE SERVICE STATIONS, GASOLINE BARS AND, COMMERCIAL
GARAGES .................................................................................................................... 43
3.5
BUILDINGS TO BE MOVED ..................................................................................... 44
3.6
CROWN LANDS and COUNTY FORESTS ............................................................... 44
3.7
DWELLINGS PER LOT .............................................................................................. 44
3.8
ENCROACHMENTS ON REQUIRED YARDS ........................................................ 44
3.9
EXCEPTIONS TO HEIGHT LIMITATIONS ............................................................. 45
3.10 GRAVEL PITS, QUARRIES, WAYSIDE PITS AND QUARRIES AND PORTABLE
ASPHALT PLANTS .................................................................................................... 45
3.11 GROUP HOMES .......................................................................................................... 45
3.12 HOME INDUSTRY...................................................................................................... 46
3.13 HOME OCCUPATIONS .............................................................................................. 46
3.14 KARST BEDROCK ..................................................................................................... 47
3.15 LOTS TO FRONT ON STREETS ............................................................................... 47
3.16 MOBILE HOMES ........................................................................................................ 48
3.17 NON-CONFORMING USES ....................................................................................... 48
3.18 NOXIOUS USES .......................................................................................................... 50
3.19 OCCUPANCY OF INCOMPLETE BUILDINGS ....................................................... 50
3.20 OCCUPANCY OF VEHICLES ................................................................................... 50
3.21 OPEN STORAGE ......................................................................................................... 51
3.22 OTTAWA RIVER FLOODPLAIN .............................................................................. 51
3.23 OUTDOOR FURNACES ............................................................................................. 52
3.24 PARKING AND LOADING SPACE REQUIREMENTS........................................... 52
3.25 PROPANE TANKS ...................................................................................................... 57
3.26 PUBLIC SERVICES .................................................................................................... 57
3.27 SEPARATION DISTANCES ....................................................................................... 57
3.28 SETBACKS .................................................................................................................. 59
3.29 STANDARDS - CUMULATIVE ................................................................................. 60
3.30 STORAGE OF LIQUID MANURE, HAULED SEWAGE OR SEWAGE SLUDGE 60
3.31 STORAGE TRAILERS ................................................................................................ 60
3.32 TEMPORARY CONSTRUCTION USES PERMITTED ............................................ 60
3.33 THROUGH LOTS ........................................................................................................ 61
3.34 VISIBILITY AT INTERSECTIONS ........................................................................... 61
4
SECTION 4.0 - ZONE CLASSIFICATIONS, EXCEPTION ZONE PROVISIONS .......... 62
4.1
ZONE CLASSIFICATIONS ........................................................................................ 62
4.2
EXCEPTION ZONES .................................................................................................. 63
4.3
HOLDING PROVISIONS ............................................................................................ 63
SECTION 5.0 - REQUIREMENTS FOR RESIDENTIAL ONE (R1) ZONE ...................... 64
5.1
PERMITTED USES ..................................................................................................... 64
5.2
ZONE PROVISIONS ................................................................................................... 64
5.3
EXCEPTION ZONES .................................................................................................. 65
SECTION 6.0 - REQUIREMENTS FOR RESIDENTIAL TWO (R2) ZONE ..................... 69
6.1
PERMITTED USES ..................................................................................................... 69
6.2
ZONE PROVISIONS ................................................................................................... 69
6.3
EXCEPTION ZONES .................................................................................................. 70
SECTION 7.0 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONE .... 71
7.1
PERMITTED USES ..................................................................................................... 71
7.2
ZONE PROVISIONS ................................................................................................... 71
7.3
EXCEPTION ZONES .................................................................................................. 72
SECTION 8.0 - REQUIREMENTS FOR MOBILE HOME PARK (MHP) ZONE ........................ 75
8.1
PERMITTED USES ..................................................................................................... 75
8.2
ZONE PROVISIONS ................................................................................................... 75
8.3
EXCEPTION ZONES .................................................................................................. 76
SECTION 9.0 - REQUIREMENTS FOR COMMERCIAL (C) ZONE ................................ 77
9.1
PERMITTED USES ..................................................................................................... 77
9.2
ZONE PROVISIONS ................................................................................................... 78
9.3
EXCEPTION ZONES .................................................................................................. 80
SECTION 10.0 - REQUIREMENTS FOR CAMPGROUND COMMERCIAL (CC) ZONE
................................................................................................................................................. 83
10.1 PERMITTED USES ..................................................................................................... 83
10.2 ZONE PROVISIONS ................................................................................................... 83
10.3 EXCEPTION ZONES .................................................................................................. 84
SECTION 11.0 - REQUIREMENTS FOR TOURISM COMMERCIAL (TC) ZONE ...... 85
11.1 PERMITTED USES ..................................................................................................... 85
11.2 ZONE PROVISIONS ................................................................................................... 85
11.3 EXCEPTION ZONES .................................................................................................. 87
SECTION 12.0 - REQUIREMENT FOR GENERAL INDUSTRIAL (GM) ZONE ........... 88
12.1 PERMITTED USES ..................................................................................................... 88
12.2 ZONE PROVISIONS ................................................................................................... 88
12.3 EXCEPTION ZONES .................................................................................................. 89
SECTION 13.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONE ... 91
13.1 PERMITTED USES ..................................................................................................... 91
13.2 ZONE PROVISIONS ................................................................................................... 91
13.3 EXCEPTION ZONES .................................................................................................. 92
5
SECTION 14.0 -REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR) ZONE
................................................................................................................................................. 93
14.1 PERMITTED USES ..................................................................................................... 93
14.2 ZONE PROVISIONS ................................................................................................... 93
SECTION 15.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONE ......... 94
15.1 PERMITTED USES ..................................................................................................... 94
15.2 ZONE PROVISIONS ................................................................................................... 94
15.3 EXCEPTION ZONES .................................................................................................. 95
SECTION 16.0 - REQUIREMENTS FOR RURAL (RU) ZONE .......................................... 96
16.1 PERMITTED USES ..................................................................................................... 96
16.2 ZONE PROVISIONS ................................................................................................... 96
16.3 EXCEPTION ZONES .................................................................................................. 98
SECTION 17.0 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONE ....... 106
17.1 PERMITTED USES ................................................................................................... 106
17.2 ZONE PROVISIONS ................................................................................................. 106
17.3 EXCEPTION ZONES ................................................................................................ 107
SECTION 18.0 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION (EP) ZONE .... 108
18.1 PERMITTED USES ................................................................................................... 108
18.2 ZONE PROVISIONS ................................................................................................. 108
18.3 EXCEPTION ZONES ................................................................................................ 108
SECTION 19.0 -REQUIREMENTS FOR OPEN SPACE (OS) ZONE .............................. 110
19.1 PERMITTED USES ................................................................................................... 110
19.2 ZONE PROVISIONS ................................................................................................. 110
19.3 EXCEPTION ZONES ................................................................................................ 110
SECTION 20.0 -REQUIREMENTS FOR PROVINCIALLY SIGNIFICANT WETLANDS
(PSW) ZONE ....................................................................................................................... 111
20.1 PERMITTED USES ................................................................................................... 111
20.2 ZONE PROVISIONS ................................................................................................. 111
20.3 EXCEPTION ZONES ................................................................................................ 111
SECTION 21.0 - REQUIREMENTS FOR AREAS OF NATURAL AND SCIENTIFIC
INTEREST (ANSI) ZONE ................................................................................................. 112
21.1 PERMITTED USES ................................................................................................... 112
21.2 ZONE PROVISIONS ................................................................................................. 112
21.3 EXCEPTION ZONES ................................................................................................ 112
SECTION 22.0 - ENACTMENT............................................................................................. 113
6
LIST OF FIGURES
Illustration of Dwelling Types.....................................................................................................21
Illustration of Building Height............................................................................27
Illustration of Yard Definitions....................................................................................................41
LIST OF ZONING MAPS
Schedule "A" -
Township of Horton
7
THE CORPORATION OF THE
TOWNSHIP OF HORTON
BY-LAW NUMBER ________________
Being a By-law to regulate the use of lands and the character, location and use of
buildings and structures within the Township of Horton pursuant to Section 34 of
the Planning Act.
PREAMBLE
WHEREAS Section 34 of the Planning Act provides that the Council of a local municipality may
pass By-laws to regulate the use of lands and the character, location and use of buildings and
structures;
AND WHEREAS the Council of The Corporation of the Township of Horton wishes to ensure
proper and orderly development within the limits of the Township of Horton;
AND WHEREAS the Council of The Corporation of the Township of Horton has deemed it to
be in the public interest that such a By-law be enacted;
NOW THEREFORE the Council of The Corporation of the Township of Horton enacts as
follows:
TOWNSHIP OF HORTON ZONING BY-LAW
1. AUTHORIZATION AND USAGE
8
SECTION 1.0 - AUTHORIZATION AND USAGE
1.1
TITLE
This By-law shall be known and may be cited as the "Zoning By-law" of the Corporation
of the Township of Horton.
1.2
SCOPE
1.2.1 Application of By-law
The provisions of this By-law shall apply to all lands within the Township of
Horton, except Crown Lands.
1.2.2 Conformity with By-law
No building or structure shall hereafter be erected or altered, nor shall the use of
any building, structure or lot hereafter be changed, in whole or in part, except in
conformity with the provisions of this By-law.
1.2.3 Changes Causing Contravention of By-law
No person shall change the purpose of which any lot, building or structure is used,
or erect any new building or structure or alter any existing building, structure or
lot, or sever any lands from any existing lot, if the effect of such action is to create
a situation where any original, adjoining, remaining or new building, structure or
lot contravenes any of the applicable provisions of this By-law.
1.2.4 Violations of Previous Zoning By-laws
Any use established in violation of a predecessor of this By-law shall be deemed
to have been established unlawfully.
1.2.5 Other Restrictions
This By-law shall not be used or have the effect to reduce or mitigate any other
restrictions by an authority having lawful jurisdiction to make such restrictions.
1.2.6 Permits and Licences
No Municipal permit, certificate or licence shall be issued for a proposed use of
land, including any establishment, enlargement, alteration or change in use of any
building or structure, that contravenes any provision of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
1. AUTHORIZATION AND USAGE
9
1.3
ADMINISTRATION
1.3.1 Administrator
This By-law shall be administered by the Chief Building Official or by a Zoning
Administrator appointed by Council, or by such other person as Council may
designate from time to time for such purpose.
1.3.2 Inspection
The Zoning Administrator, Chief Building Official or any officer or employee of
the Corporation assigned the responsibility for enforcing this By-law may at all
reasonable times and upon producing proper identification, enter and inspect any
property on or in respect of which he or she believes a contravention is occurring.
However, such officer shall not enter any room or place actually used as a
dwelling without requesting and obtaining the consent of the occupier, except
under the authority of a search warrant as set out in Section 49 of the Planning
Act.
1.3.3 Violations and Penalties
Every person who contravenes any provision of this By-law on conviction is
liable:
(a)
on a first conviction to a fine of not more than $25,000.00; and
(b)
on a subsequent conviction to a fine of not more than $10,000.00 for each
day or part thereof upon which the contravention has continued after the
day on which the person was first convicted; and
Every corporation which contravenes any provision of this By-law on conviction
is liable:
(c)
on a first conviction to a fine of not more than $50,000.00 and
(d)
on a subsequent conviction a fine of not more than $25,000.00 for each
day or part thereof upon which the contravention has continued after the
day on which the corporation was first convicted.
Every such penalty described herein is subject to the provisions of Section 67 of
the Planning Act, as amended, and will change from time to time in accordance
with the said Act.
1.3.4 Remedies
Where a building or structure is or is proposed to be erected, altered or enlarged,
or a building, structure or lot is or is proposed to be used in contravention of any
TOWNSHIP OF HORTON ZONING BY-LAW
1. AUTHORIZATION AND USAGE
10
provision of this By-law, such contravention may be restrained by action at the
insistence of any ratepayer or of the Corporation.
1.3.5 Plans to Accompany Applications
In addition to all of the requirements of the Building Code and this By-law or any
other By-law of the Corporation, every application for a building permit shall be
accompanied by a plan, in duplicate, drawn to scale and showing;
(a)
the true dimensions of the lot to be built upon or otherwise used;
(b)
the location of all existing buildings, structures or uses on the lot;
(c)
the proposed location, height and dimensions of any building, structures or
use proposed for such lot;
(d)
the proposed locations and dimensions of yards, landscaped open spaces,
parking areas and loading spaces required by this By-law;
(e)
a statement, signed by the owner, disclosing the specific existing or
proposed use for each existing or proposed building or structure, and
containing all information necessary to determine if such existing or
proposed building, structure or use conforms to the requirements of this
By-law.
1.4
VALIDATION
1.4.1 Effective Date
This By-law shall come into effect from the date of its passing by Council and
shall come into force in accordance with Section 34 of the Planning Act.
1.4.2 Repeal of Existing By-laws
From the coming into force of this By-law, the previous By-law passed by the
Council of the Township of Horton under Section 34 of the Planning Act, or a
predecessor thereof, shall be repealed, except to the extent that any of the said By-
law prohibit the use of any land, building or structure for a purpose or in a manner
that is also prohibited by this By-law.
1.4.3 Provisions Validity Separable
A decision of a competent court that one or more of the provisions of this By-law
are invalid in whole or in part does not affect the validity, effectiveness or
enforceability of the other provisions or part of provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
1. AUTHORIZATION AND USAGE
11
1.4.4 Schedules to By-law
The Zones set out in this By-law and the boundaries of such Zones are set out on
the maps that are attached hereto and marked as Schedules. The Schedules are
hereby made a part of this By-law as fully and to all intents and purposes as
though recited in full herein.
1.5
INTERPRETATION
1.5.1 For the purposes of this By-law, words used in the present tense include the
future; words in the singular number include the plural and words in the plural
include the singular number; the word "shall" is mandatory; the word "used" shall
also mean "designed to be used"; and the word "occupied" shall also mean
"designed to be occupied".
1.5.2 Boundaries of Zones
Where uncertainty exists with respect to the boundaries of the various zones as
shown on the Schedules (Zoning maps) attached to this By-law the following
rules shall apply:
(a)
Centreline Limits
Where the boundary is shown as following a street, lane, railway right-of-
way or other right-of-way, such Zone boundary shall be the centreline of
the street, lane, railway right-of-way or other right-of-way.
(b)
Lot Lines
Where the boundary is not shown to be a street, or other feature described
in item (a), but is shown to substantially follow a lot line, such lot line
shall be the Zone boundary unless specifically indicated otherwise on the
Schedule.
(c)
Closed Road, Right-of-Way
In the event that a dedicated road, lane or railway right-of-way shown on
the Schedule is closed, the property formerly in such road, lane or railway
right-of-way shall be included within the Zone of adjoining property on
either side of such closed feature. Where such closed feature formed a
Zone boundary, the new Zone boundary shall be the former centreline of
the closed road, lane or railway right-of-way.
(d)
Shoreline
Where the boundary is shown as following the shoreline of any
waterbody, the high water mark shall be the Zone boundary.
TOWNSHIP OF HORTON ZONING BY-LAW
1. AUTHORIZATION AND USAGE
12
(e)
Other Boundaries
Where none of the above interpretations can be applied, then the location
of the boundary shall be determined by scaling from the original
Schedule(s) located in the Municipal offices.
1.5.3 Measurements
Where linear distances, other than those referring to vertical measurements are
specified, such linear distances are measured on a horizontal plane.
1.5.4 Road Classification
The road classification is general and is considered as accurate as possible.
However, final determination of the status of individual roads rests with the
appropriate road authority.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
13
SECTION 2.0 - DEFINITIONS
For the purpose of this By-law the definitions and interpretations of this section shall apply.
2.1
ABANDONED means the failure, in the opinion of the Zoning Administrator, to proceed
expeditiously with construction work during any continuous 12-month period.
2.2
ABATTOIR means a building, structure or lot or part thereof used for the slaughter of
livestock or other animals for the purpose of processing or rendering.
2.3
ACCESSORY when used to describe a use, building or structure, means a use, or a
detached building or structure, that is customarily incidental, subordinate and
exclusively devoted to supporting the principal use, building or structure and
located on the same lot therewith. This does not include an accessory residence
unless otherwise specified.
2.4
ACCESSORY REPAIR GARAGE means a repair garage where major repairs of vehicles
may be performed, and is accessory to a licensed aggregate operation.
2.5
ADULT ENTERTAINMENT PARLOUR shall mean any premise or part thereof in
which, in pursuance of a business, trade, calling, or occupation, services appealing
to or designed to appeal to erotic or sexual appetites or inclinations are provided.
This definition does not include the exhibition, rental or sale of film or videos
approved for distribution pursuant to the Theatres Act, or the sale of magazines or
other printed material provided such sale does not contravene any law.
Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations shall mean a performance, exhibition or activity of which a principal
feature or characteristic is the nudity or partial nudity of any person.
2.6
AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite and rock other than metallic ores.
2.7
AGRICULTURAL COMMERCIAL ESTABLISHMENT means the use of land,
buildings or structures for the wholesale or retail sales of goods that are necessary
to support agricultural uses and for the processing and sale of products derived
from farm uses. Without limiting the generality of the foregoing, these include
such goods as farm machinery and equipment, products used for the housing and
husbandry of livestock, poultry and fur bearing animals, and materials and
equipment for sub-surface drainage and such services as the selling, processing,
storage and transportation of seed, feed, crops, milk and eggs and livestock, and
the selling of fertilizer and chemical products.
2.8
AIRFIELD, PRIVATE means land used for the purpose of the landing, storing, taxiing or
taking-off of private aircraft and uses, buildings and structures accessory thereto,
but not an airport under the regulation of Transport Canada.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
14
2.9
AIRPORT means the use of land licensed by Transport Canada for the landing and take-
off of commercial and/or private aircraft and shall include any buildings or
structures accessory thereto.
2.10
ALTER means any alteration in a bearing wall or partition or column, beam, girder or
other supporting member of a building or structure or any increase in area or
volume of a building or structure. When used in reference to a lot, the word alter
means to decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area, or to change the location of any boundary
of such lot with respect to a street or lane. The words "altered" and "alteration"
shall have a corresponding meaning.
2.11
AMUSEMENT ARCADE means any premises or part thereof containing four or more
electronic, mechanical pinball or amusement machines operated for gain and
made available for the entertainment or amusement of the general public. This
definition shall not include establishments which sell such devices, provided that
such devices are not made available on the premises for use on a commercial
basis by the public.
2.12
ANIMAL HOSPITAL means a building or structure where domestic animals, birds or
other livestock are treated and where domestic animals or birds are kept for
treatment only and shall include the clinic of a registered veterinarian.
2.13
ANSI (AREA OF NATURAL AND SCIENTIFIC INTEREST) means an area of land or
water containing natural heritage landscapes or features that have been identified
as having life science or earth science values related to protection, scientific study
or education.
2.14
ANTIQUE FURNITURE RESTORATION WORKSHOP, CABINET-MAKING SHOP
AND SHOWROOM means an establishment engaged in the refinishing and
restoration of antique furniture and includes a cabinet-making shop, and a
showroom for the storage, and display of the finished product.
2.15
ARENA means a building, or part of a building, in which facilities are provided for such
purposes as ice skating, roller skating or curling but does not include any other
establishment otherwise defined or classified in this By-law.
2.16 ARTISAN SHOP OR STUDIO means a building or structure or portion thereof, where
an artist or skilled craftsperson creates unique articles and/or offers instruction in
an art or skilled craft and where such unique articles may be offered for sale. This
may include but is not limited to, a painter, a sculptor, a photographer, a
gunsmith, a cabinetmaker, a wood carver, a potter, an ornamental welder or any
similar artist or craftsperson whose workplace is not otherwise defined.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
15
2.17
ASPHALT MANUFACTURING PLANT means an industrial facility used for the
production of asphalt for immediate use in the paving of roads and driveways and
the damp-proofing of buildings or structures.
2.18
ASPHALT PLANT, PORTABLE means a facility operated by, or on behalf of, a public
road authority for a particular construction project, with equipment designed to
heat and dry aggregate and to mix aggregate with bituminous asphalt to produce
asphalt paving material and includes the stockpiling and storage of bulk materials
used in the process. Such a facility is not of permanent construction, but is
designed to be dismantled and moved to another location as required.
2.19
ASSEMBLY HALL means a building or part of a building in which facilities are
provided for such purposes as meetings of civic, education, political, religious or
social purposes, and shall include a banquet hall.
2.20
ATTACHED means a building otherwise complete in itself, which depends for structural
support, or complete enclosure, upon a division wall or walls shared in common
with an adjacent building or buildings.
2.21
AUTOMOTIVE-BODY SHOP means a building or structure used for the painting or
repairing of vehicle bodies or fenders, but shall not include a salvage yard.
2.22
AUTOMOTIVE-CAR WASH shall mean a building or structure containing facilities for
washing vehicles, either by production line methods and mechanical services or
by a self-service operation.
2.23
AUTOMOTIVE-COMMERCIAL GARAGE means a building where all functions of an
automotive service station may be carried out and where major repairs of vehicles
may be performed, including body work and welding but shall not include
dismantling of motor vehicles for scrap or the storage of motor vehicles awaiting
scrapping.
2.24
AUTOMOTIVE-GASOLINE BAR means one or more pump islands, each consisting of
one or more gasoline pumps, and shelter having a floor area of not more than 10
square metres, excluding washrooms, which shall not be used for the sale of any
product other than liquids and small accessories required for the operation of
motor vehicles and shall not be used for repairs, oil changes or greasing.
2.25
AUTOMOTIVE-SERVICE STATION means a building or place where gasoline, grease,
anti-freeze, tires, tubes, tire accessories, electric light bulbs, spark plugs and
batteries for motor vehicles are stored or kept for sale, or where motor vehicles
may be oiled, greased or washed, or have their ignition adjusted, tires inflated or
batteries changed, or where only minor or running repairs essential to the actual
operation of motor vehicles are executed or performed.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
16
2.26
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 repair operations on motor vehicles.
2.27
AUTOMOTIVE-VEHICLE SALES OR RENTAL ESTABLISHMENT means an
establishment having as its main use the storage of vehicles for sale or the storage
of vehicles for rent or lease. Accessory uses may include facilities for the repair
or maintenance of such vehicles.
2.28
BANK means an institution where money is deposited, kept, lent or exchanged.
2.29
BASEMENT means that portion of a building between two floor levels which is partly
underground.
2.30
BED AND BREAKFAST ESTABLISHMENT means an owner-occupied single-
detached dwelling in which there are up to four rooms for rent as short-term
accommodation for tourists or vacationers, and may include the provision of
meals. The Bed and Breakfast use shall remain subordinate to the primary use of
the building as a single-detached dwelling. This definition does not include any
other establishment defined in this By-law.
2.31
BERM means a landscaped mound of earth.
2.32
BOARDING HOUSE means a dwelling in which the proprietor resides and supplies for
gain, more than three bedrooms for boarders and may include the provision of
meals. Rooming house shall have a corresponding meaning.
2.33
BOAT DOCKING OR LAUNCHING FACILITY means a structure for the mooring or
launching of boats or watercraft, attached to or forming part of the mainland or
used in conjunction with a use on the mainland.
2.34
BOAT HOUSE means a detached one-storey, accessory building or structure which is
designed or used for the sheltering of a boat or other form of water transportation
and the storage of household equipment incidental to the residential use of the
property and shall not be used for human habitation nor contain food preparation
or sanitary facilities.
2.35
BUFFER STRIP means an area to be used only for the purpose of screening land,
buildings or other structures by the planting and maintenance of trees or shrubs or
the construction and maintenance of a berm.
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2. DEFINITIONS
17
2.36
BUILDING means any structure used or designed to be used for shelter, accommodation
or enclosure of persons, animals or chattels.
2.37
BUILDING ENVELOPE means the buildable area on a lot, defined by the minimum
front yard depth, rear yard depth and side yard width requirements and maximum
height requirements, within which a building can be erected.
2.38
BUILDING SUPPLY STORE means an establishment engaged in the selling of building
supplies including lumber, mill work, siding, roofing, electrical, heating, air
conditioning, and similar items.
2.39
CABIN, SLEEP means a building containing not more than two sleeping rooms, which
building shall not include cooking facilities.
2.40
CAMPING ESTABLISHMENT means a tourist establishment consisting of at least five
camping lots and comprising land used or maintained as grounds for the camping or
parking of recreational vehicles and tents.
2.41
CARPORT see GARAGE, PRIVATE OR CARPORT.
2.42
CEMETERY means a cemetery, columbarium or mausoleum within the meaning of the
Cemetery Act of Ontario.
2.43
CHURCH means a building commonly used by any religious organization, as defined in
the Religious Organizations' Lands Act, for public worship, and may include a
rectory or manse, church hall, auditorium, day nursery or religious school
associated with or accessory thereto.
2.44
CLINIC means a building or part thereof, used exclusively by physicians, dentists, their
staff, and their patients for the purpose of consultation, diagnosis and office
treatment. Without limiting the generality of the foregoing, a clinic 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.
2.45
COMMUNITY CENTRE means any tract of land or buildings or any part of any
buildings used for community activities whether used for commercial purposes or
not, and the control of which is vested in the municipality, a local board or agent
thereof.
2.46
COLD STORAGE LOCKER means a building or part of building used for cold storage.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
18
2.47
CONCRETE MANUFACTURING PLANT means an industrial facility used for the
production of concrete for immediate use in the construction of buildings,
structures, roads or driveways. This definition also means the manufacturing of
finished concrete products and may include the retail sale of such products.
2.48
CONSTRUCT means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit
fabricated or moved from elsewhere and "construction" has a corresponding
meaning.
2.49
CONTRACTOR'S YARD OR SHOP means an area of land of a contractor of any
building or construction trade where equipment and materials are stored, or where
a contractor performs shop or assembly work but does not include any other yard
or establishment otherwise defined or classified herein.
2.50
CONVENIENCE STORE means a retail commercial establishment supplying groceries,
sundries and other daily household necessities to the immediate surrounding area.
2.51
CORPORATION means the Corporation of the Township of Horton.
2.52
COTTAGE means a building to accommodate one or more guests for temporary
occupancy,
(a)
that contains at least two rooms;
(b)
that is at least partially furnished; and
(c)
in which the guest may be permitted to prepare and cook food.
2.53
COTTAGE ESTABLISHMENT means a tourist establishment comprised of two or more
cottages owned or leased by the same person. Cabin establishment shall have a
corresponding meaning.
2.54
CRAFT SHOP means a building of part thereof in which a handicraft is conducted for
gain of profit and may include sales of such handicraft.
2.55
CUSTOM WORK SHOP means a building or structure or part thereof where the
manufacturing of small quantities or articles is performed by the tradesman
requiring manual or mechanical skills, but does not include machining, stamping
or forging of materials.
2.56
DAIRY means a building or part of building used for a dairy.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
19
2.57
DAY CARE (Private Dwelling) means care provided to five children or fewer under 10
years of age, in a private residence other than the home of the parent/guardian of
the child.
2.58
DAY NURSERY means a building or part thereof duly licensed by the Province of
Ontario for use as a facility for the day-time care of children.
2.59
DRIVEWAY means a vehicle access provided between a street or lane and a parking area
or a loading space, or between two parking areas, but does not include a parking
aisle.
2.60
DWELLING means a building or part of a building containing one or more dwelling
units.
2.61
DWELLING, SINGLE DETACHED means a single dwelling unit which is freestanding,
separate and detached from other main buildings or main structures and includes a
prefabricated single dwelling unit but does not include a mobile home.
2.62
DWELLING, SEMI-DETACHED means a building that is divided vertically into two
separate dwelling units each of which has an independent entrance either directly
from the outside or from a common vestibule.
2.63
DWELLING, DUPLEX means a building that is divided horizontally into two separate
dwelling units each of which has an independent entrance either directly from
outside or through a common vestibule.
2.64
DWELLING, TRIPLEX means a building that is divided horizontally into three separate
dwelling units each of which has an independent entrance either directly from
outside or through a common vestibule.
2.65
DWELLING, TWO UNIT (THREE UNIT, FOUR UNIT) means a building containing
two dwelling units (or three dwelling units or four dwelling units respectively).
2.66
DWELLING, MULTIPLE ATTACHED means a building that is divided vertically into
more than four (4) dwelling units, each of which has a separate and independent
entrance at finished grade and separated from the adjoining unit or units by a
common unpierced wall with no interior access between each dwelling unit.
Townhouse shall have a corresponding meaning.
2.67
DWELLING, APARTMENT means the whole of a building not otherwise defined
herein, which contains more than four (4) dwelling units served by a common
entrance or by an independent entrance directly from the outside in which the
occupants have the right to use in common any corridors, stairs or elevators
contained therein, and the yards appurtenant thereto.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
20
2.68
DWELLING, LIMITED SERVICE means a single detached dwelling that:
(a)
has no frontage on a municipally maintained street, and
(b)
the owner is responsible for services, such as snow clearing and road
maintenance, and for ensuring that the road condition is adequate for
access by emergency vehicles including fire, ambulance and police;
(c)
has a means of access to the lot that is not part of the municipal street
network.
2.69
DWELLING, SEASONAL means a single detached dwelling that is used occasionally
for recreation, rest or relaxation, but that is not occupied continuously nor used as
a year round permanent dwelling.
2.70
DWELLING, MODULAR means a prefabricated single detached dwelling designed to
be transported once only to a final location and constructed so as the shortest side
of such dwelling is not less than six metres in width.
2.71
DWELLING UNIT means a suite of habitable rooms which:
(a)
is located in a building;
(b)
is used or intended to be used in common by one or more persons as a
single, independent and separate housekeeping establishment;
(c)
contains food preparation and sanitary facilities provided for the exclusive
common use of the occupants thereof; and
(d)
has a private entrance directly from outside the building or from a
common hallway or stairway inside the building.
2.72
DWELLING UNIT, ACCESSORY means a dwelling unit accessory to a permitted non-
residential use.
2.73
DWELLING UNIT AREA means the aggregate of the floor area of all habitable rooms,
hallways and lobbies within a dwelling unit, excluding the thickness of any
exterior walls.
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2. DEFINITIONS
21
ILLUSTRATIONS OF DWELLING TYPES
DETACHED
SEMI-DETACHED
DUPLEX
MULTIPLE ATTACHED
Note: The above illustrations are for clarification purposes only.
UNIT
UNIT A
UNIT B
UNIT A
UNIT B
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2. DEFINITIONS
22
2.74
EATING ESTABLISHMENT means a building or part of a building where food is
offered for sale or sold to the public for consumption either on or off the premises
and includes a restaurant, café, cafeteria, ice cream parlour, tea or lunch room,
dairy bar, coffee shop, snack bar, but does not include a boarding house.
2.75
EATING ESTABLISHMENT, TAKE-OUT means a building or structure used for the
sale of food to the general public and from which food is made available to the
customer from within the building. This includes a mobile food vehicle. No
provision is made for consumption of food on the site except for a mobile food
vehicle.
2.76
ERECT means build, construct, reconstruct, alter, enlarge or relocate and without
limiting the generality of the foregoing, shall include any preliminary physical
operations such as cutting, grading, excavating, berming, piling, cribbing, filling
or drainage, or any altering of any existing building by an addition, deletion,
enlargement, extension or other structural change.
2.77
ESTABLISHED BUILDING LINE means the average distance from the street line to
existing buildings on the same side of a street within 150 metres of a lot, where a
minimum of 3 dwellings have been built within this area prior to the date of
passing of this By-law. Where the established building line is being calculated for
water setback, the average distance is to be measured in accordance with the
foregoing, except that it will be calculated using the distances between the high
water mark and existing buildings.
2.78
EXISTING means existing as of the date of final passing of this By-law.
2.79
EXTRACTIVE INDUSTRIAL FACILITY means a building, structure or facility used
for processing aggregate and includes the screening, sorting, washing, crushing,
storing and other similar operations allied to an extractive industrial operation.
2.80
FACTORY OUTLET means a building accessory to a permitted industrial use where the
products manufactured by that industry are kept and offered for wholesale or
retail sale.
2.81
FARM means land used for the tillage of soil; the growing and harvesting of field crops,
vegetables, fruits, horticultural crops and trees; the grazing, breeding, raising,
boarding or training of livestock and horses; dairying; beekeeping, fish farming;
any other operation that is normal farming practice; and includes one farm
dwelling as well as barns, sheds and other accessory structures. A farm use
includes a hobby farm.
2.82
FARM BUSINESS means any gainful occupation, trade or service that is carried on
within an operating farm as a means of diversification but which is small in scale
and clearly secondary to the main farm use. A farm business may include the
storage of vehicles, equipment or commodities within a building or fully enclosed
structure, a welding shop, a custom workshop, a general service shop, a
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
23
blacksmith, a farm produce sales outlet, the processing of farm produce, an artisan
shop or studio, a kennel, a riding stable, the repair of vehicles or farm equipment,
a bed and breakfast establishment, or other use of similar character to the
foregoing.
2.83
FARM LIMITED means land used for growing and harvesting field, bush, vine, forest or
tree crops or grazing and does not include a farm dwelling and accessory
buildings and uses.
2.84
FARM PRODUCE SALES OUTLET means a stand set up as an accessory use on a farm,
used for the sale or produce from that same agricultural use.
2.85
FINANCIAL INSTITUTION means the premises of a bank, trust company, finance
company, mortgage company or investment company.
2.86
FLOOD means a temporary rise in the water level resulting in the inundation of areas that
are adjacent to a water course and not ordinarily covered by water.
2.87
FLOOD FRINGE means the outer portion of the flood plain between the floodway and
the upper elevation of the flood plain limit. Depths and velocities of flooding are
generally less severe in the flood fringe than those experienced in the floodway.
2.88
FLOOD PLAIN means the area of land within a watershed which is subject to inundation
during a flooding event. This area shall be calculated as being the area that would
be flooded with an expected average frequency of once in a hundred years. Lands
subject to flooding shall have a corresponding meaning.
2.89
FLOODPROOFED means the installation of power service metering equipment, major
electrical appliances, etc., such that they are not located below the flood plain
design elevation but this does not prohibit the installation of electrical wall outlets
equipped with ground fault plugs; the design and installation of heating, air
conditioning, ventilation, plumbing, sewer and water systems which consider
flood susceptibility; sanitary sewer and storm drainage systems having openings
below the flood plain elevation which are provided with automatic back flow
preventers; water supply systems which are designed to prevent contamination by
flood waters; fuel-fired furnaces which are provided with float operated automatic
control valves which shut off the fuel supply in the event of flooding; septic
systems which are designed to operate during flood conditions and which prevent
sewer discharges which could result in a health hazard; and no building openings
below the regulatory flood elevation.
2.90
FLOODWAY means the channel of a watercourse and the inner portion of the flood plain
adjacent to the watercourse where flood depths and velocities are more severe
than in the flood fringe. These flood depths and velocities are considered to have
the potential to threaten lives and/or damage property.
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2. DEFINITIONS
24
2.91
FLOOR AREA GROSS means, for a dwelling, the total area of the storeys exclusive of
basements, cellars, attic, garages, sunrooms, unenclosed verandas or porches; and
for a building other than a dwelling, the total area of all the floors contained
within the outside walls of the building. Only that floor area having a clear height
to the ceiling of at least two and one-quarter metres (2.25 metres) may be used to
calculate floor area.
2.92
FLOOR AREA, GROSS LEASABLE means the total floor area of a building including
basements, mezzanines and upper floors, minus common areas including public
walkways, malls, public toilets, truck and service facilities, joint service facilities,
elevator shafts and lobbies, boiler rooms, maintenance rooms, mechanical or
electrical or utility rooms and any parking for autos within the building.
2.93
FLOOR AREA, NET means only the habitable or useable floor space in a building
exclusive of any foyer, hallways, stairwell, closet, washroom or toilet room and
shall be measured from the inside walls.
2.94
FOOD CATERING ESTABLISHMENT means any premises where food is prepared for
banquets, weddings, etcetera and where such food is prepared for consumption off
the premises.
2.95
FRONTAGE see LOT FRONTAGE.
2.96
FORESTRY means the management, development and cultivation of timber resources to
ensure the continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion,
protection and production of water supplies, and preservation of the recreation
resources.
2.97
FUEL DEPOT means the use of land, structures or buildings for the purpose of
distributing fuels from a fuel storage tank on the premises.
2.98
FUEL STORAGE TANK means a tank for the bulk storage of petroleum gasoline, fuel
oil, gas or inflammable liquid or fluid but does not include a container for
inflammable liquid or fluid legally and properly kept in a retail store or a tank for
storage merely incidental to some other use of the premises where such tank is
located.
2.99
FURNITURE OR WOOD PRODUCTS SHOP means an establishment where items are
constructed primarily from wood, including such products as cabinets, furniture,
caskets, trim, or sash and door works.
2.100 FUNERAL HOME means any premises where preparation of a human body for
internment or cremation is undertaken.
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2. DEFINITIONS
25
2.101 GARAGE, PRIVATE OR CARPORT means an enclosed or partially enclosed structure
in which no business, occupation or service is conducted for profit, and which
structure is used primarily for the storage of one or more vehicles and storage of
household equipment incidental to the residential occupancy. Carport shall have a
corresponding meaning.
2.102 GARAGE, PUBLIC means a municipal or provincial facility used for the storage and
servicing of road construction and maintenance equipment and materials.
2.103 GARDEN CENTRE means an establishment primarily used for the retail sale of
gardening equipment, products and planting materials, including greenhouses for
the cultivation of such materials.
2.104 GOLF COURSE means a public or private area operated for the purpose of playing golf
including an accessory club house, driving range, miniature course or
combination thereof.
2.105 GRAVEL PIT means any open excavation made for the removal of any unconsolidated
aggregate including earth, clay, sand, and gravel in order to supply material for
construction, industrial or manufacturing purposes, but shall not include an
excavation incidental to the erection of a building or structure for which a
building permit has been granted by the Corporation or an excavation incidental
to the construction of any public works.
2.106 GROUP HOME means a single housekeeping unit in a residential dwelling in which up
to ten unrelated residents, excluding staff or the receiving family, live as a family
under responsible supervision consistent with the requirements of its residents and
which is licensed or approved under Provincial statute.
2.107 HAULED SEWAGE means untreated sanitary waste from a septic tank, privy or holding
tank.
2.108 HEIGHT means, when used with reference to a building, the vertical distance between
the average elevation of the finished surface of the ground at the front of the
building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line;
(c)
in the case of a gable, hip or gambrel roof, the mean height between the
eaves and the ridge; and
(d)
in the case of any other type of roof, the highest point of the roof surface.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
26
2.109 HIGH WATER MARK means the mark made by the action of water under natural
conditions on the shore or bank of water, 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.
2.110 HOME DISPLAY AND SALES OUTLET means an establishment or premises where
prefabricated dwellings including cottages and mobile homes are erected or
located for display purposes only and from which orders can be placed for the
purchase and delivery of such dwellings or parts and accessories associated
therewith.
2.111 HOME FOR THE AGED means a "home for the aged" as defined under the Homes for
the Aged and Rest Homes Act, as amended from time to time.
2.112 HOME INDUSTRY means a gainful occupation including a day nursery, carpentry,
electrical shop, woodworking, window framing, welding, plumbing, machine or
auto repair shop, riding stables and a kennel with a maximum of four outdoor
runs; a service shop; blacksmithing; or a storage building for school buses, boats
or snowmobiles and conducted in whole or in part in an accessory building to a
single detached dwelling or to a permitted farm use.
2.113 HOME OCCUPATION means any occupation for gain or support which is carried on as
an accessory use either within a dwelling or dwelling unit and operated by
members of the one family residing in a dwelling or dwelling unit. Such home
occupation uses may include a service or repair shop; a personal service shop; the
office or consulting room of a doctor, dentist, chiropractor, drug-less practitioner,
lawyer, real estate agent, insurance agent, planner, architect, photographer,
teacher, music or dance instructor or engineer, but does not include a clinic, a
hospital, a nursing home, a tea room, kennel, a taxi business or a small internal
combustion engine repair shop.
2.114 HOSPITAL means a hospital as defined in the Private Hospitals Act, a sanitarium as
defined by the Private Sanitarium Act or a hospital as defined by the Public
Hospital Act.
2.115 HOTEL means a tourist establishment that consists of the following: 1) one or more than
one building containing four or more accommodation units grouped under one
roof and accessible from the interior or partially from the exterior, and 2) may or
may not have facilities for serving meals.
2.116 HUNTING & FISHING CAMP means a building or structure intended to provide basic
shelter and accommodation on an occasional basis for a person or group of
persons engaged in hunting, fishing or other outdoor recreational activities. Such
structure may be described as being of light frame construction without any
interior finish on its walls and ceiling.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
27
Note: The above illustrations are for clarification purposes only.
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2. DEFINITIONS
28
2.117 INSTITUTIONAL USE means the use of buildings or structures for a public or non-
profit purpose and without limiting the generality of the foregoing, may include
such uses as schools, places of worship, indoor recreation facilities, community
centre, hospitals and government buildings.
2.118 KENNEL means an establishment in which dogs or other domesticated animals are
housed, groomed, boarded, bred or trained for gain or profit.
2.119 LANDSCAPED OPEN SPACE means open space comprised of lawn and/or ornamental
shrubs, flowers and trees and may include space occupied by paths, walks, courts
and patios, but shall not include parking areas, traffic aisles, driveways, ramps or
storage of equipment, vehicles or other materials.
2.120 LANE means a public thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation.
2.121 LAUNDROMAT means a building or structure where coin-operated laundry machines,
using only water, detergents and additives are made available to the public for the
purpose of laundry cleaning.
2.122 LIVESTOCK means chickens, turkeys, cattle, hogs, mink, rabbits, sheep, horses, goats or
any domestic animal used or raised for consumption or for commercial purposes.
2.123 LIVESTOCK FACILITY means barns, buildings or structures where livestock are
housed and shall also include beef feedlots and the associated manure storage
facilities.
2.124 LODGE HOUSE means a building in which bedrooms, common areas, dining areas,
games areas and meals are available for the guests of an establishment.
2.125 LOGGING HAULER means an area of land and/or building of a logging hauler where
equipment and materials belonging to the logging hauler are stored and may
include repairs to logging equipment belonging to the logging hauler. This
definition does not include other logging activities such as a sawmill or the
storage of logs on the ground or in storage buildings.
2.126 LOT means a parcel or tract of land:
(a)
which is a whole lot as shown on a Registered Plan of Subdivision, but a
Registered Plan of Subdivision for the purposes of this paragraph does not
include a Registered Plan of Subdivision which has been deemed not to be
a Registered Plan of Subdivision under a By-law passed pursuant to
Section 50 of The Planning Act.
(b)
which is a separate parcel of land the owner of which does not retain the
fee or equity of redemption in, or a power or right to grant, assign, or
exercise a power of appointment with respect to any abutting land, or
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
29
(c)
the description of which is the same as in a deed which has been given
consent pursuant to the Planning Act.
2.127 LOT AREA means the total horizontal area within the lot lines of a lot. In the case of a
corner lot having street lines rounding at the corner with a radius of six (6) metres,
or less, the lot area of such land shall be calculated as if the lot lines were
produced to their point of intersection.
2.128 LOT, CORNER means a lot having street frontage adjoining the point of intersection of
two or more streets.
2.129 LOT COVERAGE means the percentage of the lot area covered by buildings, including
accessory buildings.
2.130 LOT FRONTAGE means the horizontal distance between the side lot lines measured
along the front lot line. Where the front lot line is not a straight line, or where the
side lot lines are not parallel, the lot frontage shall be measured along a line seven
and one-half (7.5) metres back from and parallel to the street line.
2.131 LOT, INTERIOR means a lot situated between adjacent lots and having access to one
street.
2.132 LOT LINE means any boundary of a lot or a vertical projection thereof.
2.133 LOT LINE, FRONT means the lot line that divides the lot from the street or street
allowance or private road with the following clarifications:
(a)
in the case of a corner lot, the shorter lot line that abuts the street shall be
deemed the front lot line and the longer lot line that abuts the street shall
be deemed the side lot line;
(b)
in the case of a corner lot with two street lines of equal lengths, the lot line
that abuts the wider street or abuts a Provincial Highway or abuts a
County Road shall be deemed to be the front lot line, and in the case of
both streets being under the same jurisdiction, or of the same width, the lot
line where the principal access to the lot is approved shall be deemed to be
the front lot line;
(c)
in the case of a corner lot abutting a .3 metre reserve the lot line so
abutting the .3 metre reserve shall be deemed an exterior side lot line and
the other line abutting the street shall be deemed the front lot line;
(d)
in the case of a through lot, the longer boundary dividing the lot from the
street shall be deemed to be the front line and the opposite shorter
boundary shall be deemed to be the rear lot line. In case each of such lot
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
30
lines should be of equal length the lot line where the principal access to
the lot is approved shall be deemed to be the front lot line; and
(e)
in all other cases, the lot line where the principal access to the lot is
approved shall be deemed to be the front lot line.
2.134 LOT LINE, REAR means, in the case of a lot having four or more lot lines, the lot line
furthest from and opposite to the front lot line. In the case of a lot with less than
four lot lines, there shall be deemed to be no rear lot lines.
2.135 LOT LINE, SIDE means a lot line other than a front or rear lot line.
2.136 LOT, THROUGH means a lot bounded on two opposite sides by a street. If any lot
qualifies as being both a "Lot, Corner" and a "Lot, Through" as hereinbefore
defined, such lot shall be deemed a "Lot, Corner" for the purpose of this By-law.
2.137 MAIN BUILDING means a building in which the principal use is conducted on the lot on
which the building is located. In the residential zone the dwelling is the main
building.
2.138 MANUFACTURING PLANT means a building or structure in which a product is
fabricated or materials are processed or assembled and from which such product
is shipped to a wholesale or retail outlet.
2.139 MANUFACTURING PLANT, LIGHT means a building or structure in which materials
or component parts are manufactured, assembled or processed to produce finished
products suitable for the retail trade but does not include any industry involving
stamping presses, furnaces or other machinery that emits dirt, dust or noxious
fumes into the air or that results in noise or vibration beyond the property in
excess of Ministry of the Environment guidelines.
2.140 MARINA means a building, structure or place, containing docking facilities and located
on a waterbody, where boats and boat accessories are berthed, stored, serviced,
repaired or kept for sale or rent, where boat trips may be offered, and where
facilities for the sale of marine fuels and lubricants may be provided.
2.141 MEAT PRODUCTS PLANT means a canned meat factory, sausage factory, meat
processing plant and any other factory where meat or poultry are cooked, cured,
smoked or otherwise processed or packed but does not include a stock-yard,
abattoir, tannery or hide processing plant, a poultry-killing establishment, an
animal food factory or an animal by-products plant.
2.142 MINI STORAGE ESTABLISHMENT means one or more than one building containing
separate spaces of varying sizes that are offered by lease or rent to persons for the
storage of chattels. Self-service storage building shall have a corresponding
meaning.
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2. DEFINITIONS
31
2.143 MOBILE HOME means any dwelling that is designed to be made mobile and constructed
or manufactured to be used in like manner as a single detached dwelling for the
permanent accommodation of one or more persons, notwithstanding that the
running gear is or may be removed, or that such dwelling is or may be fixed on a
finished and permanent foundation or has become in any other manner so adapted
and affixed to the land upon which it is situated that it is, or has become, an
immobile and permanent structure, and includes any mobile home as defined in
Section 46(1) of the Planning Act amended from time to time, or any successors
thereto.
2.144 MOBILE HOME PARK means a lot containing two or more mobile home sites and
which is under single management and ownership, used for the siting of mobile
homes together with commercial-recreational and service uses for Mobile Home
Park residents, including any building, structure or enclosure forming a part of
such a mobile home park.
2.145 MOBILE HOME SITE means an area of land which shall be considered a lot within a
mobile home park occupied by or intended for occupancy by one mobile home
together with all yards and open space required by this By-law.
2.146 MOTEL means a tourist establishment that consists of the following: 1) one or more than
one building containing four or more attached accommodation units accessible
from the exterior only, and 2) may or may not have facilities for serving meals.
2.147 MUTUAL DRIVEWAY means an ingress or egress that is common to two or more
owners of abutting lands as a right-of-way registered against the title of the lands.
2.148 NAVIGABLE WATERWAY means a navigable body of water or stream as deemed
under the Navigable Waters Protection Act.
2.149 NON-CONFORMING means that which does not conform, comply or agree with the
regulations of this Bylaw as of the date of final passing thereof.
2.150 NURSERY See GARDEN CENTRE.
2.151 NURSING HOME means a nursing home as defined under the Nursing Home Act, as
amended from time to time.
2.152 OFFICE, BUSINESS means an office where one or more persons are employed in the
management, direction or conducting of any agency, business, brokerage, labour or
fraternal organization and shall include a newspaper plant, a radio and television
broadcasting studio or theatre.
2.153 OFFICE, PROFESSIONAL means any office where professionally qualified persons,
technical assistants and clerical staff are employed and where clients or patients seek
advice, consultation, or treatment. Notwithstanding the foregoing, said office shall not be
a hospital or any other use defined herein.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
32
2.154 OPEN SPACE means a parcel or area of land essentially unimproved or unoccupied by
any building, structure or driveway.
2.155 OPEN STORAGE means the storage of goods, merchandise or equipment in the open air
and in unenclosed portions of buildings which are open to air on the side.
2.156 OUTDOOR FURNACE means a solid fuel burning appliance located outside of the
building it serves and is used for the space heating of buildings and/or domestic water
heating and does not include the incineration of waste as defined in Section 25 of the
Environmental Protection Act, c.E.19., R.S.O. 1990. This definition also applies to
outdoor furnaces located in any accessory building.
2.157 PARK means a recreational area that consists largely of open space and which may
include a picnic area, swimming pool or area, playground, play field or similar
use, but shall not include a mobile home park or recreational vehicle park.
2.158 PARK, PRIVATE means a park other than a public park.
2.159 PARK, PUBLIC means a park owned or controlled by the Corporation or by any
Ministry, Board, Commission or Authority established under any statute of
Ontario or Canada.
2.160 PARKING AREA means an area provided for the parking of motor vehicles and
encompassing at least the required number of parking spaces and all driveways,
aisles, manoeuvring areas, entrances, exits and similar areas for access to parking
spaces, but shall not include any part of a street or private road.
2.161 PARKING SPACE means an area measuring 2.7 metres by 5.5 metres, exclusive of
driveways or aisles, for the temporary parking or storage of motor vehicles.
2.162 PERMITTED means permitted by this By-law.
2.163 PERSON means an individual, an association, a chartered organization, a firm, a
partnership or a corporation.
2.164 PLACE OF ENTERTAINMENT means an athletic, recreational or social club operated
for gain or profit as well as a motion picture or other theatre, auditorium, billiard
or pool room, bowling alley, ice or roller skating rink, curling rink, or dance hall,
but does not include any place of entertainment or recreation or other use
otherwise defined or classified in this By-law.
2.165 PORTABLE GARAGE means a supporting metal or wood framework with a fabric
cover made of canvas, nylon, clear plastic or similar material for the storage of
one or more vehicles and storage of household equipment incidental to the
residential occupancy.
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2. DEFINITIONS
33
2.166 PRINTING SHOP means a building or part of a building used for printing.
2.167 PRIVATE ROAD means a registered right-of-way not dedicated and accepted as, or
otherwise deemed at law to be a public highway, that serves as a privately
maintained motor vehicle access-route to one or more abutting, legally
conveyable parcels of land. New private roads shall have a minimum width of 10
metres (33 feet).
2.168 PRIVATE CLUB means a building or part of a building used as a meeting and social
place exclusively for members of a chartered organization and their guests, and
shall include a fraternal lodge (eg. Free Masons), a fraternity or sorority house,
hostel, and a labour union hall.
2.169 PROPANE TANK shall mean a structure consisting of a tank/cylinder used for the
storage of propane gas.
2.170 PROVINCIALLY SIGNIFICANT WETLAND means an area identified as Provincially
Significant by the Ministry of Natural Resources using evaluation procedures
established by the Province or evaluated by others and approved by the Ministry
of Natural Resources.
2.171 PUBLIC AUTHORITY means the Council and any School Board, Public Utility
Commission, Transportation Commission, Public Library Board, Board of Parks
Management, Board of Health, Planning Committee or other board or commission
or committee of the Township of Horton established or exercising any power or
authority under any general or special statutes of Ontario with respect to any of
the affairs or purposes of the Municipality or a portion thereof, and includes any
committee or local authority established by By-law of the Municipality.
2.172 PUBLIC BUILDING means any building or structure owned or leased by a municipal
corporation, the County of Renfrew, Province of Ontario or the Government of
Canada and in which government activities are carried out.
2.173 PUBLIC UTILITY means a waterworks, a water supply system, sewage works, electrical
power or energy generating, transmission or distribution system, street lighting
system, natural or artificial gas works or supply system or a telephone system, and
includes any lands, buildings or equipment required for the administration or
operation of any such system.
2.174 QUARRY means any open excavation made for the removal of any consolidated rock or
mineral including limestone, sandstone or shale, in order to supply material for
construction, industrial or manufacturing purposes, but shall not include an
excavation incidental to the erection of a building or structure for which a
building permit has been granted by the Corporation or an excavation incidental
to the construction of any public works.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
34
2.175 RECREATION, ACTIVE means the use of land, water and/or building for the purpose of
organized active leisure activities and shall include an arena, a golf course, a
sports field, and motorized vehicle trails.
2.176 RECREATION, PASSIVE means the use of land and/or water for the purpose of passive
leisure activity and shall include a park, a garden, a picnic area and the like,
equestrian and hiking trails, as well as a playground with activity equipment for
children.
2.177 RECREATIONAL VEHICLE means a structure or vehicle designed, intended and used
as accommodation exclusively for travel, recreation and vacation and which is
either capable of being drawn by a passenger vehicle or is self-propelled and shall
include travel trailers, park model trailers, tent trailers, vans, motor homes, and
similar transportable accommodation excepting a mobile home.
2.178 RECREATIONAL VEHICLE CAMPGROUND means a parcel of land under single
ownership which is designed, developed and maintained or intended to provide
accommodation on a temporary or seasonal basis, for recreational vehicles and/or
tents plus accompanying towing or carrying vehicles. It may also include
accessory uses such as an administration office, clubhouse, snack bar, laundry,
convenience and souvenir shop, swimming pool, washrooms, showers, managers
dwelling and recreational facilities. Recreational Vehicle Park shall have a
corresponding meeting.
2.179 RECREATIONAL VEHICLE SITE means a plot of ground within a recreational vehicle
campground or a camping establishment intended for exclusive occupancy by the
renter(s), and on which accommodations and vehicles can be placed.
2.180 RELIGIOUS EDUCATION FACILITY means an establishment used by religious groups
for study, relaxation, meditation and similar activities, including dining and
lodging facilities, accommodation for staff and compatible accessory uses.
2.181 REQUIRED means required by this By-law. REQUIREMENT shall have a
corresponding meaning.
2.182 RESORT means a tourist establishment catering to the vacationing public, designed as a
destination-oriented operation and/or being within an area recognized as a
destination for vacations, and providing meals and sleeping accommodations that
may consist of lodge houses, guest rooms or cottages, but shall not include any
other use defined herein.
2.183 RESTAURANT see EATING ESTABLISHMENT.
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2. DEFINITIONS
35
2.184 RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substance, articles or things are offered or kept for sale at retail, but
does not include any establishment otherwise defined herein or specifically named
elsewhere in this By-law.
2.185 ROAD, PUBLIC see STREET.
2.186 ROAD ALLOWANCE see STREET ALLOWANCE.
2.187 ROOM, HABITABLE means a room which:
(a)
is located within a dwelling unit:
(b)
is designed for living, sleeping or eating or for sanitary purposes;
(c)
can be used at all times throughout the year; and
(d)
is not located within a cellar.
2.188 ROOM, NON-HABITABLE means any room located within a dwelling unit that is not a
habitable room, including, but not so as to limit the generality of the foregoing, a
laundry room, a pantry, a lobby, a stairway, a closet, a verandah, a recreation
room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler
room and any space used for the service and maintenance of such dwelling or for
vertical travel between storeys.
2.189 SALVAGE YARD means a lot and/or premises for the storage and/or handling and/or
sale of scrap or used materials, which, without limiting the generality of the
foregoing, shall include waste paper, rags, wood, bottles, bicycles, vehicles, tires,
metal and/or other scrap material and salvage includes a junk yard, scrap metal
yard and a wrecking yard, including ancillary automotive sales and service
establishment and premises.
2.190 SAWMILL means a building, structure or area where timber is cut or stored, either to
finished lumber or as an intermediary step.
2.191 SCHOOL means a school under the jurisdiction of a Public or Separate School Board, a
college or a university or any other school established and maintained either
wholly or partially at public or private expense whether or not the same is also a
boarding school, and includes any dormitory building accessory to a school.
2.192 SENIOR CITIZEN'S HOME means any home for senior citizens sponsored and
administered by any public agency or any service club, church or other profit or
non-profit organization, either of which obtains its financing from Federal,
Provincial or Municipal Governments or agencies, or by public subscription
donation or residents payments, or by any combination thereof, and such homes
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
36
shall include auxiliary uses such as club, kitchen, dining and/or lounge facilities,
usually associated with Senior Citizens development.
2.193 SEPARATION DISTANCE means the horizontal distance between buildings or
structures or physical features measured from the closest point of the exterior wall
of such building or structure, or from the closest point of such physical feature.
2.194 SERVICE SHOP, GENERAL means a building or part of a building used for the
servicing or repairing of articles, goods or materials, and in which no product is
manufactured and includes radio, television and appliance repair shops, a
laundromat, but does not include any automotive uses as defined by this By-law.
2.195 SERVICE SHOP, PERSONAL means a building or part thereof in which services are
provided and administered to the individual and personal needs of persons, and
without limiting the generality of the foregoing, includes barber shops,
hairdressing establishments and workrooms for shoe repair and shoe shining
shops, tailor shops, bakery shops and photographic studios.
2.196 SEWAGE DISPOSAL SYSTEM, PRIVATE means a sanitary disposal system including
a septic tank and tile bed disposal system approved by the Township's Sewage
System Authority.
2.197 SEWAGE SLUDGE means the aqueous suspension of residual solids generated from the
treatment of municipal or industrial wastewater.
2.198 SHOPPING CENTRE means a group of commercial and service establishments related
in size and type, primarily to the specific 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 and shall include as a 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.
2.199 SHOPPING PLAZA means a group of commercial and service establishments or uses,
related in size and type, primarily to the day to day needs of a residential area and
designed, developed and managed as a unit, whether by a single owner, a group of
owners or tenants in collaboration. Access to individual functions generally may
be from an open mall area.
2.200 STABLE, COMMERCIAL means a building or part of a building in which horses or
ponies are boarded or kept for commercial purposes, including riding and show.
2.201 STABLE, PRIVATE means a building or part of a building in which horses or ponies are
kept for private use and not for remuneration, hire or sale.
2.202 STREET means a public highway or public road under the jurisdiction of either the
Corporation, the County of Renfrew or the Province of Ontario, and includes any
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
37
highway as defined in the Municipal Act, as amended, but does not include a lane,
a driveway or a private road.
2.203 STREET ALLOWANCE (ROAD ALLOWANCE) means land held under public
ownership for the purpose of providing a street.
2.204 STREET, IMPROVED means a public road which has been constructed in such a manner
so as to permit its use by normal vehicular traffic on a year-round basis, and is
maintained by the Municipality, including snow ploughing, on a year-round basis.
2.205 STREET, MINIMUM MAINTENANCE means a public road that is under the
jurisdiction of the Township and that is maintained to a standard acceptable for
normal summer use only. STREET, SEASONAL shall have a corresponding
meaning.
2.206 STREET LINE means the limit of the road or street allowance and is the dividing line
between a lot and a street.
2.207 STRUCTURE means anything constructed or erected, the use of which requires location
on or in the ground or attached to something having location on or in the ground.
2.208 SWIMMING POOL, OUTDOOR shall mean a privately owned structure, erected or
installed above ground or wholly or partly below ground, capable of being used
for swimming, wading, diving, or bathing, and which, when filled, is capable of
containing a depth of 0.46 metres or more of water.
2.209 TAILINGS AND SLAG PILES means waste material or residue resulting from the
reduction of metals from their ores.
2.210 TAVERN OR PUBLIC HOUSE means a tavern or public house as defined in the Liquor
Licence Act, but does not include a hotel or eating establishment.
2.211 TAXI STAND means the permanent location of the taxi business and the source of
dispatch.
2.212 TOP OF SLOPE means a line delineated at a point where the oblique of the slope meets
the horizontal plane.
2.213 TOURIST ESTABLISHMENT means a commercial building, structure or area of land
designed for the accommodation of travelling or vacationing public.
2.214 TOWNSHIP means the Corporation of the Township of Horton.
2.215 TRAILER means any vehicle so constructed as to be suitable for attachment to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle, except a
mobile home or farm implement.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
38
2.216 TRAILER, PARK MODEL, means a trailer constructed to CSA Z-241 standard that is
built on a single chassis mounted on wheels, designed for relocation from time to
time, designed as living quarters for seasonal camping with the possibility for
connection to services, and has a gross floor area, including lofts, not greater than
50 square metres when in setup mode and having a width greater than 2.6 metres
in transit mode. A park model trailer is deemed to be a building or structure for
the purposes of this By-law, as authorized by Section 34(4) of the Planning Act.
2.217 TRAILER (STORAGE) means any vehicle so constructed as to be suitable for
attachment to a motor vehicle for the purpose of being drawn or propelled by the
motor vehicle, except a mobile home or farm implement.
2.218 TRAILER, TENT OR TRAVEL means any trailer capable of being used for the
temporary living, sleeping or eating accommodation of persons, notwithstanding
that such vehicle is jacked up or that its running gear is removed. A tent or travel
trailer is deemed to be a building or structure for the purposes of this By-law, as
authorized by Section 34(4) of the Planning Act.
2.219 TRAILER PARK see RECREATIONAL VEHICLE CAMPGROUND.
2.220 TRANSFER STATION means a waste disposal site used for the purpose of transferring
waste from one vehicle to another for transportation to another waste disposal
site.
2.221 TRUCK TERMINAL means a building, structure or place where trucks or transports are
rented, leased, kept for hire, or stand or park for remuneration, or from which
trucks or transports, stored or parked on the property, are dispatched for hire as
common carriers or where goods are stored temporarily for further shipment.
2.222 USE means the purpose for which a lot or a building or structure, or any portion thereof,
is designed, arranged, intended, occupied or maintained. USED shall have a
corresponding meaning.
2.223 VEHICLE means a passenger automobile or other motor vehicle, a boat, a farm
implement, a commercial motor vehicle, a recreational vehicle, a snowmobile, a
trailer and any other device that is capable of being propelled or driven by any
kind of power but not any other device powered solely by human effort except a
boat.
2.224 WAREHOUSE means a building or part of a building used primarily for the operation of
general merchandise warehousing, cold storage and other storage facilities and
also includes a centre for the distribution of wholesale goods and commodities for
resale to retailers; to industrial, commercial, institutional, or professional users; to
wholesalers.
2.225 WASTE DISPOSAL SITE means any land approved by the Ministry of the Environment
upon, into, or in which waste may be deposited or processed.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
39
2.226 WATERCOURSE means the natural channel for a stream of water.
2.227 WATER FRONTAGE means the straight line horizontal distance between the two most
widely separated points on any one shoreline of a waterfront lot.
2.228 WATER SETBACK means the straight line horizontal distance from the high water mark
of a watercourse, bay or lake to the nearest part of any excavation, building,
structure or open storage use on the lot.
2.229 WATER SYSTEM, COMMUNAL means a private water distribution supply system in
which water is piped to more than one dwelling or business operation.
2.230 WAYSIDE PIT, QUARRY means a temporary gravel pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of
road construction and not located on the road right-of-way.
2.231 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 plants that commonly grow in water or in water logged soil, or water
tolerant plants. The four major categories of wetland are swamps, marshes, bogs
and fens.
2.232 WELDING SHOP means a building or structure or part thereof where metal products are
joined, repaired or shaped by welding but no mass productions shall be involved.
2.233 WILDERNESS CENTRE means an establishment that is devoted to providing
educational programs and passive recreational experiences relating to the natural
environment. The provision of accommodation, in the form of wilderness
camping and/or lodge houses, is integral to the experience rather that being the
sole purpose of the establishment. A WILDERNESS CENTRE must have a
remote setting, a high proportion of open space and/or natural areas, and an
overall undeveloped appearance. A WILDERNESS CENTRE may be operated
for gain or profit.
2.234 WRECKING ESTABLISHMENT means a building and/or lot used for the wrecking or
dismantling of vehicles as defined herein, and for the storage and sale of scrap
material, salvage and parts obtained therefrom, but shall not include any other
automotive use defined herein.
2.235 YARD means an open space on the same lot with a building or structure or excavation,
unoccupied and unobstructed except as for such accessory buildings, structures or
uses specifically permitted in this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
2. DEFINITIONS
40
2.236 YARD, FRONT means a yard extending across the full width of a lot between the front
lot line and the nearest part of any main building, structure or excavation on the
lot. FRONT YARD DEPTH means the shortest horizontal distance between the
front lot line of the lot and the nearest part of any main building, structure or
excavation on the lot.
2.237 YARD, REAR means a yard extending across the full width of a lot between the rear lot
line and the nearest part of any main building, structure or excavation on the lot;
REAR YARD DEPTH means the shortest horizontal distance between the rear lot
line of the lot and the nearest part of any main building, structure or excavation on
the lot.
2.238 YARD, SIDE means a yard extending from the front yard to the rear yard of a lot and
from the side lot line of such lot to the nearest part of any main building, structure
or excavation on the lot. SIDE YARD WIDTH means the shortest horizontal
distance between a side lot line and the nearest part of any main building,
structure or excavation on the lot.
2.239 YARD, EXTERIOR SIDE means a yard adjacent to a street between the nearest part of
any main building, structure or excavation on the lot and a street, a 1-foot reserve
or a road allowance, extending from the front yard to the rear lot line.
EXTERIOR SIDE YARD WIDTH means the shortest horizontal distance
between a side lot line on the flank side yard side and the nearest part of any main
building, structure or excavation on the lot.
2.240 YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
2.241 YARD, REQUIRED means a yard with the minimum front yard depth, rear yard depth or
side yard width required by the provisions of this By-law. A required side yard
shall extend from the required front yard to the required rear yard.
2.242 ZONE means an area delineated on a Zoning Map Schedule and established by this By-
law for a specific use or group of uses.
2.243 ZONING ADMINISTRATOR means the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
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2. DEFINITIONS
41
ILLUSTRATION OF YARDS, REQUIRED YARDS
AND RELATED TERMINOLOGY
Note: The above illustration is for clarification purposes only.
(SIDE LOT LINE)
REQUIRED SIDE YARD WIDTH
REQUIRED FRONT YARD DEPTH
(FRONT LOT LINE)
REQUIRED SIDE YARD WIDTH
(REAR LOT LINE)
REQUIRED REAR YARD DEPTH
LOT DEPTH
(EXTERIOR SIDE LOT LINE)
STREET
STREET
(REAR LOT LINE)
REAR YARD DEPTH
REQUIRED REAR YARD DEPTH
(SIDE LOT LINE)
(SIDE LOT LINE)
SIDE YARD WIDTH
SIDE YARD WIDTH
FRONT YARD DEPTH
B UILD IN G
B UILD IN G EN VELOP E
(plan view)
B UILD IN G EN VELOP E
(plan view)
REQUIRED FRONT YARD DEPTH
REQUIRED INTERIOR SIDE YARD WIDTH
REQUIRED EXTERIOR SIDE YARD WIDTH
(FRONT LOT LINE)
LOT FRONTAGE
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
42
SECTION 3.0 - GENERAL PROVISIONS
3.1
APPLICATION
The requirements contained in the General Provisions shall apply to all zones, except as
otherwise indicated.
3.2
ACCESS see Subsection 3.14 Lots to Front on Streets.
3.3
ACCESSORY USES, BUILDINGS AND STRUCTURES
Accessory uses, buildings and structures shall be permitted in any Zone provided that:
3.3.1 No accessory use, building or structure shall be built on a lot until the principal or
main use, building or structure has been built on the lot.
3.3.2 No accessory building or structure shall be used for human habitation except
where a dwelling is a permitted accessory use.
3.3.3 The accessory building or structure shall not be located within any minimum
required front yard depth or within any minimum required exterior side yard
width. This provision shall not apply to a shelter for use by children waiting for a
school bus in any Rural (RU) Zone nor to any farm produce sales outlet, provided
the structures have less than 9.3 square metres of gross floor area.
3.3.4 Where paragraph 3.3.3 preceding does not apply (i.e. interior side yard and rear
yard) and unless indicated otherwise in this By-law, no accessory building or
structure or use shall be located closer than 1.0 metre to any lot line except:
(a)
that common semi-detached garages may be centred on the mutual side lot
line; and
(b)
that prescribed uses and structures may be permitted in accordance with
the provisions of this By-law for Encroachments On Required Yards, and
with the Parking Requirements of this By-law.
3.3.5 Accessory buildings and structures shall not exceed 5.0 metres in height in any
Residential Zone or 7.5 metres in height in any Commercial or Industrial Zone.
3.3.6 The coverage of the lot by accessory buildings and structures shall not exceed 10
percent of the total lot area, but a private garage, carport or swimming pool shall
be excluded from this calculation.
3.3.7 Buildings and structures shall not be considered accessory if attached to the main
building.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
43
3.3.8 Accessory buildings and structures shall not be constructed on lands subject to
slope failure or to flooding. Notwithstanding the preceding, boat docks, boat
launching facilities and boat houses are permitted on lands subject to flooding, as
are those buildings and structures otherwise specifically permitted on such lands
by this By-law.
3.3.9 Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to outdoor swimming pools:
(a)
No outdoor swimming pool shall be located in any front yard;
(b)
Outdoor swimming pools shall not be included in the calculation of
maximum lot coverage;
(c)
The minimum rear yard depth for an outdoor swimming pool shall be 1.5
metres; and
(d)
The minimum side yard width for an outdoor swimming pool shall be 1.5
metres.
(e)
For a waterfront lot, the following provisions shall apply:
i) an outdoor swimming pool may be permitted in the front yard
but not the required front yard;
ii) an outdoor swimming pool must meet the minimum water setback.
3.3.10 One portable garage shall be permitted per lot in all zones and shall be maintained
in good repair.
3.4
AUTOMOTIVE SERVICE STATIONS, GASOLINE BARS AND, COMMERCIAL
GARAGES
Where service stations, gasoline bars and commercial garages are permitted in this By-
law, the following provisions shall apply in addition to Zone provisions:
3.4.1 No portion of any pump island shall be located closer than 6 metres from the
street line of any street.
3.4.2 The minimum distance from the intersection of two street lines or from straight
line projections of such, to the nearest ingress or egress ramp shall be not less than
10.0 metres (i.e. entrance or exit point).
3.4.3 The maximum width of a ramp at the street line shall be not more than 10.0
metres and the minimum width not less than 7.5 metres.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
44
3.4.4 The minimum distance between ramps shall be not less than 9.0 metres.
3.4.5 The minimum interior angle of a ramp to a street line shall be 45.0 degrees and
the maximum interior angle of a ramp to the street line shall be 90.0 degrees.
3.4.6 The minimum distance between any side lot line of the property at the street line
and the nearest ramp shall be 3.0 metres.
3.4.7 The area included between ramps, or between ramps and a street line or a
property line, as required by this By-law, shall be used for landscaped open space
only, to a minimum width of 1.0 metre.
3.5
BUILDINGS TO BE MOVED
No building or structure shall be moved within the limits of the Municipality or shall be
moved from outside the Municipality into the Municipality unless the building or
structure is a permitted use and satisfies all of the requirements of the Zone in which it is
to be located.
3.6
CROWN LANDS AND COUNTY FORESTS
Regardless of anything else in this By-law, including the Schedules, Crown Lands and
County Forests are not subject to the provisions of this By-law.
3.7
DWELLINGS PER LOT
No more than one building used as a dwelling or containing one or more dwelling units
shall be erected on any lot, unless stated otherwise in this By-law. Refer also to Section
3.32 Temporary Construction Uses Permitted.
3.8
ENCROACHMENTS ON REQUIRED YARDS
Every part of any minimum required yard shall be open and unobstructed from the
ground to the sky by any structure other than an accessory building permitted elsewhere
in this By-law provided, however, that those structures and items listed in the following
table shall be permitted to project into the minimum required yards indicated, for the
distances specified:
Yards in Which
Maximum Projection
Encroachment is
Permitted into
Structure
Permitted
Minimum Required Yard
(a) Sills, belt courses,
All
0.60 metres
eaves, gutters, chimneys,
bay windows, solar
collectors, heat pumps,
ventilators, shutters,
cornices, parapets, pilasters
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3. GENERAL PROVISIONS
45
or other ornamental structures.
(b) Fire escapes
Side and Rear only
1.5 metres
exterior staircases
(c) Balconies, steps,
Front and Rear only
3 metres
unenclosed porches,
sundecks, attached
solarium, gazebo
(d) Uncovered paved patios
All
Unlimited
(e) Gate House in any
Front and Side only
Unlimited
Industrial Zone
(f) Fences, Flagpoles, Light
All
Unlimited
Standards, Garden Trellises,
Clothes Poles and similar
structures and appurtenances
3.9
EXCEPTIONS TO HEIGHT LIMITATIONS
The height limitations of this By-law shall not apply to chimneys, church spires, public
buildings, water tanks, elevator enclosures, flag poles, television or radio antennae,
electrical transmission facilities, ventilators and skylights.
3.10
GRAVEL PITS, QUARRIES, WAYSIDE PITS AND QUARRIES AND
PORTABLE ASPHALT PLANTS
A gravel pit or quarry, with the exception of a wayside pit or quarry, shall be prohibited
in all Zones, except in an Extractive Industrial (EM) Zone. Wayside pits or quarries and
portable asphalt plants shall be permitted in all Zones except in a Residential Zone,
Commercial Zone or an Environmental Protection Zone.
Portable asphalt plants must comply with the Ministry of Environment separation
distances and must obtain a Certificate of Approval from the Ministry of Environment.
3.11
GROUP HOMES
(a)
Group homes will be permitted in all zones that allow residential uses with the
exception of the Limited Service Residential (LSR) and Mobile Home Park
(MHP) Zones.
(b)
A group home may be permitted in any permitted single detached dwelling
provided that:
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3. GENERAL PROVISIONS
46
(i)
There is no group home or similar facility within 8.0 kilometres of the
proposed facility, whether the Municipality or in an adjacent municipality.
3.12
HOME INDUSTRY
A home industry shall only be permitted in the Rural (RU) Zone provided the following
provisions are complied with:
3.12.1 No more than two persons, other than a person(s) residing on the premises, shall
be employed in the home industry.
3.12.2 There shall be no external display or advertising other than a non-illuminated sign
not more than 1.0 square metres in area.
3.12.3 Such home industry shall not be a hazardous or obnoxious trade, and shall not
create or become a public nuisance.
3.12.4 Such home industry is clearly secondary to the main use and does not change the
residential character of any dwelling, or the agricultural character of any farm
unit.
3.12.5 The parking requirements of this By-law shall apply to any home industry use.
3.12.6 No goods, wares or merchandise shall be offered or exposed for sale or rent on the
premises unless such goods, wares and merchandise are either:
(a)
incidental to the home industry; or
(b)
arts and crafts produced on the premises; or
(c)
farm produce resulting from the main use.
3.12.7 Not more than 10.0 percent of the gross floor area of the dwelling unit shall be
dedicated to the home industry.
3.12.8 Accessory buildings may be erected, altered or used for the purpose of a home
industry provided that not more than 50 square metres of the gross floor area of
all accessory buildings shall be used for the purpose of a home industry.
3.13
HOME OCCUPATIONS
A home occupation shall be permitted in any Zone provided such home occupation
conforms to the following provisions:
3.13.1 The use shall be conducted entirely within the dwelling unit and carried on by
person(s) residing in the dwelling unit. One employee, other than a resident of the
premises, will be permitted to be employed.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
47
3.13.2 There shall be no external display or advertising other than a non-illuminated sign
not more than .5 of a square metre in area, to indicate to persons outside that any
part of the dwelling unit or lot is being used for a purpose other than residential.
3.13.3 Not more than 25 percent of the dwelling unit area shall be used for the purpose
of home occupation uses.
3.13.4 Such home occupation shall be clearly secondary to the main residential use and
there shall be no change to the outside appearance of the dwelling unit or
premises or any visible evidence of the conduct of a home occupation.
3.13.5 There shall be no storage of equipment, vehicles, or supplies associated with the
home occupation outside the dwelling.
3.13.6 The use shall not require more than 2 off-street parking spaces for clients or
customers of the home occupation in addition to the parking requirements for
residential use on the property.
3.13.7 The use shall not generate additional pedestrian or vehicular traffic beyond that
normal to the neighbourhood in which it is located.
3.13.8 No equipment or process shall be used in a home occupation which creates
excessive noise, vibration, glare, fumes, or odour detrimental to the health, safety,
and general welfare of persons residing in the neighbourhood.
3.13.9 Where instruction is carried on, no more than 6 pupils are in attendance at any one
time.
3.14
KARST BEDROCK
For the area identified on Schedule A, the Township may require a geo-technical study
prior to the issuance of a building permit.
3.15
LOTS TO FRONT ON STREETS
3.15.1 No person shall erect or use any building or structure on a lot in any zone unless
the lot fronts on and has direct access to an improved street being a Provincial
Highway, County Road, or Township Road.
3.15.2 Exceptions
(a)
Limited Service Residential
Notwithstanding the provisions of paragraph 3.15.1 of this subsection, a
limited service dwelling may be erected or used on a lot in a Limited
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
48
Service Residential (LSR) Zone provided such lot fronts along a private
road which the subject lot and use are legally entitled to use for access.
(b)
Hunting and Fishing Camp
A hunting and fishing camp shall not be required to meet the provisions of
paragraph 3.15.1.
3.16
MOBILE HOMES
Mobile homes shall be prohibited on individual lots within the Municipality, except in a
Mobile Home Park (MHP).
3.17
NON-CONFORMING USES
3.17.1 Accessory Buildings
Nothing in this By-law shall prevent the erection of a building or structure
accessory to an existing legal non-conforming use provided that such accessory
building or structure complies with all other relevant provisions of this By-law.
3.17.2 Continuation of Existing Uses
Nothing in this By-law shall prevent the use of any land, building or structure for
any purpose prohibited by the By-law if such land, building or structure was
lawfully used for such purpose on the day of passing of the By-law, so long as it
continues to be used for that purpose.
3.17.3 Repair of Existing Buildings
If a non-conforming building or structure should be damaged by fire, flood, wind,
earthquake or other natural occurrence beyond the owner's control, nothing in this
By-law shall prevent such a building from being restored and strengthened to a
safe condition, provided the height, size or volume is not increased and provided
that reconstruction or restoration is commenced within twelve months and
completed within twenty-four months of the date on which the damage took
place.
3.17.4 Enlargements to Existing Undersized Lots
Nothing in this By-law shall prevent an undersized lot that was held in separate
ownership from adjoining parcels on the date of passage of this By-law or that
was created by expropriation subsequent to the passage of this By-law from being
enlarged even if the enlargement does not result in a lot that meets the minimum
frontage and/or area required by this By-law. Nothing in this By-law shall
prevent such a lot from being used for a purpose permitted in the Zone in which
the lot is located provided that:
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
49
(a)
where the development is on private services, the lot is of an adequate size
for water supply and sewage disposal systems approved by the Ministry of
the Environment and Energy and/or its agents; and
(b)
where the development is on private services, the enlargement,
reconstruction, repair or renovation satisfies the requirements of the
applicable approval authority for the subject private services;
(c)
an undersized lot is not reduced further in size or created as a result of the
proposed development; and
(d)
all other applicable provisions of this By-law are complied with.
3.17.5 Existing Buildings with Inadequate Lot or Yard Size
Where a building has been erected prior to the date of passing of this By-law and
where such building has less than the minimum required lot area, lot frontage,
side yard, front yard or rear yard, said building may be enlarged, reconstructed,
repaired or renovated provided that:
(a)
such enlargement, reconstruction, repair or renovation does not further
contravene any other setbacks or provisions of this By-law;
(b)
where the development is on private services the enlargement,
reconstruction, repair or renovation satisfies the requirements of the
applicable approval authority for the subject private services; and
(c)
all other applicable provisions of this By-law are complied with.
3.17.6 Less than Required Floor Area
Nothing in this By-law shall prevent an extension or addition being made to a
permitted dwelling which existed at the time of passing of this By-law but which
has a floor area or dwelling unit area less than that required by this By-law,
provided such extension or addition does not contravene any other provisions of
this By-law.
3.17.7 Undersized Vacant Lots
Where a lot with less than the minimum frontage or lot area required by this By-
law was held in separate ownership from adjoining parcels on the date of passage
of this By-law, or where a lot was created by expropriation subsequent to the date
of passage, such undersized vacant lot may be used for a purpose permitted in the
Zone in which the said lot is located, provided that:
(a)
all other applicable provisions of this By-law are complied with;
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3. GENERAL PROVISIONS
50
(b)
written approvals for the water supply and sewage disposal systems are
obtained from the applicable approval authority for the proposed services;
and
This provision shall not apply to a home industry, a forestry use, a farm or a
logging hauler in the RU zone.
3.17.8 Prior Building Permits
Nothing in this By-law shall prohibit the erection of a building or structure for
which a building permit has been issued prior to the date of passing of the By-law
provided that the building permit has not been revoked under the Building Code
Act.
3.18
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 under the Health Protection and Promotion
Act and Regulations thereunder, and the Environmental Protection Act and Regulations
thereunder. Noxious uses do not include normal farm operations using commercial
fertilizers and manure, the spraying of crops with herbicides, insecticides, and pesticides,
or the use of heavy machinery for farm purposes.
3.19
OCCUPANCY OF INCOMPLETE BUILDINGS
No dwelling shall be occupied before the kitchen, heating and sanitary conveniences have
been installed and rendered usable, and before the exterior has been weatherproofed.
3.20
OCCUPANCY OF VEHICLES
No truck, bus, coach, vehicle, recreational vehicle or trailer shall be used as a primary
residence for permanent human habitation within the Municipality whether or not the
same is mounted on wheels.
A recreational vehicle or trailer is permitted on a vacant waterfront lot subject to the
following provisions:
i)
it is permitted for a period of 3 years; and
ii)
a sewage system must be approved by the Municipality's Sewage System
Authority.
Existing trailers are exempt from these provisions. Documentation may be required to
provide evidence of when the trailer was located on the property.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
51
3.21
OPEN STORAGE
Open storage shall be permitted in any Zone except the Environmental Protection (EP)
Zone in accordance with the following provisions:
3.21.1 Open storage shall be accessory to a permitted or existing non-residential use on
the same lot.
3.21.2 No open storage shall be permitted in any required minimum front yard or
required exterior side yard, except in the case of an agricultural use, nor within
any required minimum side or rear yard where the side or rear lot lines abut a
property used for residential purposes or a property in the Community Facility
(CF) Zone.
3.21.3 Wherever it is necessary, visual screening such as plant materials, a buffer strip, a
berm, fencing or other opaque barrier to a minimum height of 1.5 metres shall be
used. Exceptions to this provision are for open storage accessory to an
agricultural use or for outdoor display used in conjunction with a permitted
commercial use.
3.21.4 A strip of landscaped open space with a minimum width of 3 metres shall be
maintained around all open storage areas.
3.21.5 Any open storage area shall be surfaced and maintained with stable materials to
prevent the raising of dust and particles and shall be properly drained. However,
this provision shall not apply where the main use is an agricultural use.
3.21.6 No parking spaces or loading spaces required by this By-law shall be used for
open storage purposes.
3.22 OTTAWA RIVER FLOODPLAIN
3.22.1 For those lands located between County Road No. 1 and the Ottawa River from
the lot line between Lots 11 and 12, Concession VIII, and the Horton - McNab
Townline, the following provisions shall apply:
(i)
No Building or Structures, including additions or enlargements to existing
structures, with the exception of boat docking or launching facilities shall be
permitted on lands located within the Ottawa River Flood Plain and situated
below the floodway elevation of 75.5 metres Canadian Geodetic Datum (C.G.D).
This elevation shall be calculated prior to the importing of fill or the undertaking
of any other flood-proofing measures.
(ii)
No building permits shall be issued for new developments, including additions or
enlargements, on lands located within the Ottawa River Flood Plain and situated
above the floodway elevation of 75.5 metres C.G.D. unless such development is
flood proofed to the flood plain design elevation of 76.8 metres C.G.D. An
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
52
Elevation survey prepared by an Ontario Land Surveyor which identifies the
floodway contour and shows that development is to occur in accordance with the
requirements of this By-law and shall accompany an application for a building
permit.
3.22.2 For those lands located along the Ottawa River between Lots 11 and 12,
Concession VIII and the Horton - Ross Townline, the following provisions shall
apply.
(i)
No building or structures, with the exception of boat docking or launching
facilities shall be permitted on lands located below the floodway elevation of the
Ottawa River Floodplain.
(ii)
No building permits shall be issued for new developments including additions or
enlargements on lands located within the flood fringe of the Ottawa River Flood
Plain unless floodproofed to the flood plain design elevation. An elevation survey
prepared by an Ontario Land Surveyor should accompany all applications for
building permits.
3.23
OUTDOOR FURNACES
Outdoor furnaces are permitted in all Zones other than the Residential One (R1),
Residential Two (R2), Limited Service Residential (LSR) and Mobile Home Park (MHP)
Zones. Where outdoor furnaces are permitted, they shall be located a minimum of 100
metres from a lot line.
3.24
PARKING AND LOADING SPACE REQUIREMENTS
3.24.1 PARKING REQUIREMENTS
(a)
Number of Spaces
In any Zone the owner of every building hereafter erected, enlarged or changed in
use after the passing of this By-law shall provide and maintain off-street parking
space in accordance with the following:
Type of Use
Minimum Parking Required
i)
Single Detached Dwelling,
Semi-Detached Dwelling,
Duplex Dwelling and
Two Unit Dwelling
1 parking space per dwelling unit
ii)
Triplex Dwelling, Three Unit
Dwelling, Apartment Dwelling
and Multiple Attached Dwelling
1.5 parking spaces per dwelling unit
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
53
iii)
Group Home
1 parking space
iv)
Boarding House
1 parking space plus 1 parking space per
every 3 beds
v)
Automotive - Body Shop,
3 parking spaces per service bay
Commercial Garage
or Service Station
vi)
Bank or Trust Company
1 parking space per 17 square metres gross
leasable area
vii)
Bed and Breakfast
2 parking spaces per dwelling unit and 1
parking space for each room rented
viii)
Day Care (private dwelling)
2 parking spaces (which includes 1 parking
space for the dwelling)
ix)
Day Nursery
1 parking space per employee and 1 per 5
children
x)
Tavern, Public House
1 parking space per 4 persons design
capacity
xi)
Church, Assembly Hall,
The greater of 1 parking space per 10
Community Centre
square metres of gross floor area or per
every four fixed seats or per every 2.5
metres of bench space
xii)
Mini Storage Establishment
1 parking space per 120 square metres of
non- residential floor area
xiii)
Place of Entertainment/
1 parking space per 6 seat capacity
recreation facility
including arena, auditorium,
recreation centre, theatre,
tennis club, stadium, racquet
club, cinema, fitness club,
fairgrounds
xiv)
Hospital, Nursing Home
1 parking space per 83 square metres
Home for the Aged, Senior
of gross floor area
Citizens Home
xv)
Hotel, Motor Hotel
1 parking space per guest room plus 10
spaces per 100 square metres of public use
area
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
54
xvi)
Industrial Establishment
1 parking space per each one 100 square
metres of gross floor area
xvii)
Clinic
1 parking space per 25 square metres of
gross floor area
xviii) Motel
1 parking space per guest room
xix)
Office (Business/Professional)
1 parking space per 29 square metres of
gross leasable area
xx)
Eating Establishment
1 parking space per 20 square metres of
gross leasable floor area
xxi)
Eating Establishment, Take Out
4 parking spaces plus 1 parking space per 15
square metres of gross leasable area
xxii)
Retail, General including
1 parking space per 28 square metres of
Convenience Store and Personal
gross leasable area
Service Shop
xxiii) School
Elementary - 3 parking spaces plus 1.5
spaces per classroom
Secondary - 6 parking spaces plus 3
spaces per classroom
xxiv) Shopping Plaza
1 parking space per 21 square metres of
gross leasable area
xxv)
Other Non-Residential Uses
1 parking space per 30 square metres of
gross floor area
(b)
Calculation of Spaces
If the calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next higher whole number.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
55
(c)
Location of Parking Areas
In a Residential Zone, or in any Zone which permits residential uses, the required
residential parking shall be located on the same lot as the dwelling unit. In all
other areas and for other uses, the parking area shall be located within 150 metres
of the location of the use it is intended to serve, and shall be situated in the same
Zone; and shall be secured and retained for parking purposes for the duration of
the use.
(d)
Yard Where Permitted
Notwithstanding the yard and setback provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in the required yards or in the
area between the street line and the required setback in accordance with the
following:
Zones
Required Yards in which Required Parking Area Permitted
i)
General Industrial
Interior side and rear yards only except for visitor parking provided
that no part of any parking area, other than a driveway, is located
closer than 1.0 metre to any street line and further provided that
where the Industrial zone abuts a Residential Zone, the parking
area shall be set back 3.0 metres from the lot line.
ii)
Extractive Industrial No yards except for the driveway portion of a parking area.
iii)
Other Zones
All yards provided that no part of any parking area, other than a
driveway, is located closer than 1.0 metre to any street line. Where
the subject zone abuts a Residential zone, the parking area shall be
set back 3.0 metres from the lot line.
(e)
Surface and Drainage
(i)
The parking area and approaches shall be surfaced with concrete, asphalt,
crushed stone, gravel or a combination thereof with a stable surface.
(ii)
Where more than 4.0 parking spaces are required, the surface treatment
shall prevent the raising of dust or loose particles.
(iii)
Provision for drainage facilities shall be made in compliance with the
requirements of the Municipality.
(f)
Access to Parking Spaces and Parking Areas
(i)
Every parking space shall be provided with unobstructed access to a street
by a driveway aisle or lane, except where such spaces are provided for the
use of occupants of a single detached or semi-detached dwelling.
TOWN OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
56
(ii)
Access to parking areas for commercial or industrial uses shall not pass
through a Residential Zone.
(g)
Dimensions of Parking Spaces
Every required parking space shall have minimum rectangular dimensions of 2.7
metres by 5.5 metres.
(h)
Barrier-Free Parking
Wherever barrier-free access to a building is required under the Building Code,
one barrier free parking space shall be provided for every 20 standard parking
spaces or part thereof. Every required barrier free parking space shall have
minimum rectangular dimensions of 3.7 metres by 6 metres.
3.24.2
LOADING REQUIREMENTS
(a)
Uses Where Applicable
No person shall, in any Zone, erect or use any permitted building or structure for
manufacturing, storage, warehouse, department store, retail store, wholesale store,
market, freight or passenger terminal, hotel, hospital, mortuary, or other permitted
uses similarly involving the frequent shipping, loading or unloading of persons,
animals or goods, unless there is maintained on the same premises with every
such structure or use, off-street space for standing, loading and unloading.
(b)
Dimensions of Loading Spaces
Every required loading space shall have minimum rectangular dimensions of 3.5
metres by 9.0 metres with a minimum height clearance of 4.0 metres.
(c)
Minimum Number of Loading Spaces
This requirement does not apply to buildings and structures having less total floor
area than 300 square metres. For all other buildings, there shall be one loading
space for each 1500 square metres of floor area or part thereof, above the 300
square metre threshold.
(d)
Location
The loading space required shall be located in the interior side yard or rear yard
unless set back a minimum distance of 16 metres from the street line.
(e)
Surfacing
The loading space and approaches shall be surfaced with concrete, asphalt,
crushed stone or gravel.
TOWNSHIP OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
57
3.25
PROPANE TANKS
Propane tanks shall be permitted in any Zone but shall be located in the rear yard only
and shall be built no closer than 3.0 metres to a side or rear lot line. In the case of a
corner lot, the propane tank shall not be permitted in the exterior side yard.
For a waterfront lot, the following provisions shall apply:
i)
a propane tank may be permitted in the front yard but not the required front yard;
ii)
a propane tank must meet the minimum water setback.
3.26
PUBLIC SERVICES
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 a public service by the Municipality or
any local board thereof defined by the Municipal Affairs Act, by any telephone, gas,
communication company, or by any department or agent of the Government of Ontario or
Canada, including Hydro One, provided that:
(a)
With the exception of a public utility, the lot coverage, parking and loading,
setback and yard requirements prescribed for the Zone in which such land,
building or structure is located shall be complied with; and
(b)
No goods, material, or equipment shall be stored in the open in a Residential
Zone; and
(c)
Any building or structure erected in a Residential Zone or in a Zone which
permits residential uses under the authority of this paragraph shall be designed
and maintained in general harmony with residential buildings of the type
permitted in the Zone.
3.27
SEPARATION DISTANCES
(a)
Non-Farm Uses
i)
No dwelling, senior citizens home, nursing home, school, hospital, other
institutional uses, commercial uses, industrial uses, agricultural-related
uses (e.g., animal husbandry services, produce or grain facilities, and seed
dealers), low intensity recreational uses (e.g., open space) or high intensity
recreational uses (e.g., golf courses, sports fields, trailer parks,
campgrounds and conservation areas with facilities) shall be erected
within the minimum distance from a livestock facility required by the
Minimum Distance Separation I (MDS I) formula.
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3. GENERAL PROVISIONS
58
ii)
No dwelling shall be erected within 60 metres of any Industrial Zone or
Industrial-Holding Zone.
iii)
No dwelling, senior citizens home, nursing home, school or hospital shall
be erected within 150 metres of any Extractive Industrial (EM) or
Extractive Industrial Reserve (EMR) Zone. Existing lots of record for a
single detached dwelling within 150 metres of an Extractive Industrial
(EM) Zone or an Extractive Industrial Reserve (EMR) Zone are exempt.
iv)
No dwelling, senior citizen home, nursing home, school or hospital shall
be erected within 300 metres of a quarry.
v)
No dwelling shall be erected within 200 metres of a hauled sewage
disposal site, as zoned Rural-Exception One in this By-law, unless it is the
owner's dwelling in which case the required separation distance shall be
60 metres.
vi)
No dwelling shall be erected within 60 metres of any animal hospital or
kennel if such hospital or kennel has more than four outdoor runs or more
than 30 square metres of total area of outdoor facilities for animals.
vii)
No dwelling shall be erected within 500 metres of either an active or
inactive waste disposal site.
(b)
Gravel Pits, Quarries and Associated Extractive and Manufacturing Plants and
Facilities
i)
No concrete or asphalt manufacturing plant or extractive industrial facility
shall be located within 50 metres of any high water mark.
ii)
No concrete or asphalt manufacturing plant shall be located within 300
metres of a dwelling, a school, an institution with a residential component
or land restricted to residential use in a by-law passed under Section 34 of
the Planning Act. Notwithstanding the foregoing, where an operator
possesses a valid Certificate of Approval for a particular asphalt plant, the
required separation distance shall be as established by that Certificate.
iii)
No gravel pit shall be located within 150 metres of an existing dwelling.
iv)
No quarry shall be located within 300 metres of an existing dwelling.
(c)
Livestock Facilities and Manure Storage Areas
No livestock facilities or manure storage areas shall be located within the
minimum distance from lot lines, residential uses, schools, hospitals, other
institutional uses or lot line required by the Minimum Distance Separation II
(MDS II) formulae.
TOWNSHIP OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
59
(d)
Animal Hospital, Kennel
No animal hospital or kennel shall locate within 60 metres of any residential
building on another lot.
(e)
Waste Disposal Site
No waste disposal site shall be located within 200 metres of a residential dwelling
or structure.
3.28
SETBACKS
No person shall erect any building or structure in any Zone unless such building or
structure conforms to the following setback requirements:
(a)
Provincial Highway
Any development which is to occur adjacent to a Provincial highway shall be
carried out in accordance with the setback requirements, access and building
permit controls of the Ministry of Transportation. Any proposed access to the
highway will be subject to the prior approval of the Ministry of Transportation.
(b)
County Road
Any development which is to occur adjacent to a County Road shall be carried out
in accordance with the setback requirements, access and building permit controls
of the County of Renfrew Public Works and Engineering Department. Any
proposed access to the road will be subject to the prior approval of the County of
Renfrew.
(c)
Other Road
The setback requirement shall be 10 metres from the road centreline plus the
minimum front yard depth required for such use in the Zone where it is located.
Any proposed access to the road will be subject to the prior approval of the
Township of Horton.
(d)
Water Setback
A minimum water setback of 20 metres for all buildings and structures, including
private sewage disposal systems from the high water mark shall be provided for
lakes and rivers. Accessory boathouses, boat docking or boat launching facilities
shall not be required to meet the water setback.
Additions or enlargements are permitted to existing buildings and structures but
must not be closer than the water setback of those buildings and structures
TOWNSHIP OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
60
existing as of the date of the passing of this By-law. Private sewage disposal
systems shall be required to meet the provisions of the Ontario Building Code.
(e)
Established Building Line in Built-Up Areas
Notwithstanding the yard and setback provisions of this By-law, where there is an
established building line extending on both sides of the lot, a permitted building
or structure may be erected closer to the street line and street centre line than
required by the yard and setback provisions, provided that such permitted building
or structure is not erected closer to the street line than the established building line
on the date of passing of this By-law.
3.29
STANDARDS - CUMULATIVE
(a)
Unless permitted elsewhere in this By-law, where a lot contains more than one
use, the lot area requirements shall be the sum of the requirements for the separate
uses thereof but the lot frontage requirements shall be no less than the greater of
the lot frontage requirements for each individual use in the Zone where such lot is
located.
(b)
When a building, structure or lot accommodates more than one use, loading space
requirement and parking space requirement for each building, structure or lot shall
be the sum of the requirements for the separate uses thereof unless exempted
elsewhere in this By-law.
3.30
STORAGE OF LIQUID MANURE, HAULED SEWAGE OR SEWAGE SLUDGE
No facility for the storage of liquid manure, hauled sewage or sewage sludge shall be
erected, used or altered except in accordance with all appropriate provincial legislation
and regulations.
3.31
STORAGE TRAILERS
Trailers used for storage, such as tractor trailers and shipping containers, shall only be
permitted in the following zones: General Industrial (GM), Extractive Industrial (EM),
Extractive Industrial Reserve (EMR), Disposal Industrial (DM), and in the Rural (RU)
Zone on lots that are 10 hectares or more in area.
3.32
TEMPORARY CONSTRUCTION USES PERMITTED
Nothing contained in this By-law shall prevent the erection or location of any sheds,
scaffolds, or other structures (including trailers or recreational vehicles) incidental to
building construction on the premises for so long as the same is necessary for work in
progress which has neither been finalized, nor abandoned.
Notwithstanding subsection 3.7 DWELLINGS PER LOT to the contrary, on a lot having
a residential use, where new construction of a dwelling is proposed, and where a written
agreement between the owner and the Corporation for its removal is implemented, the
TOWNSHIP OF HORTON ZONING BY-LAW
3. GENERAL PROVISIONS
61
existing dwelling may be used as temporary accommodation only for the time period
when new construction is in progress. The existing dwelling, used as temporary
accommodation, shall be removed from the lot within 30 days of occupancy of the
replacement building.
3.33
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the
requirements for front yards contained in the By-law shall apply to each yard abutting the
street.
3.34
VISIBILITY AT INTERSECTIONS
(a)
At the intersection of any two streets, no building, or structure shall be erected, no
landscaping materials shall be allowed to grow, no land shall be graded and no
vehicle shall be parked above the height of .75 metres above the centreline grade
of such streets, so as to materially impede the vision of the operator of a vehicle
on the street, within the triangular area bounded by the lot lines to a distance of
6.0 metres from the points of intersection of the corner lot lines, or of the
projection of the corner lot lines, or within such area required according to the
standards of the Ministry of Transportation.
(b)
At the intersection of a street and a railway right-of-way, the vision of the
operator of a motor vehicle shall be unimpeded, as described above, within the
triangular area bounded by the lot lines to a distance of 23.0 from the points of
intersection of the street lot line and the railway lot line.
(c)
At all intersections involving a Provincial highway, the requirements of the
Ministry of Transportation regarding visibility triangles shall apply.
TOWNSHIP OF HORTON ZONING BY-LAW
4. ZONE CLASSIFICATIONS
62
SECTION 4.0 - ZONE CLASSIFICATIONS, EXCEPTION ZONE PROVISIONS
4.1
ZONE CLASSIFICATIONS
For the purpose of this By-law, the following zones are established as shown on the
Schedules (Zoning Maps) attached to this By-law.
Zones
Zone Symbol
(a)
Residential Zones
i)
Residential One
R1
ii)
Residential Two
R2
iii)
Limited Service Residential
LSR
iv)
Mobile Home Park
MHP
(b)
Commercial Zones
i)
Commercial
C
ii)
Campground Commercial
CC
iii)
Tourism Commercial
TC
(c)
Industrial Zones
i)
General Industrial
GM
ii)
Extractive Industrial
EM
iii)
Extractive Industrial Reserve
EMR
iv)
Disposal Industrial
DM
(d)
Additional Zones
i)
Rural
RU
ii)
Community Facility
CF
iii)
Environmental Protection
EP
iv)
Open Space
OS
v)
Provincially Significant Wetlands
PSW
vi)
Areas of Natural and Scientific Interest
ANSI
TOWNSHIP OF HORTON ZONING BY-LAW
4. ZONE CLASSIFICATIONS
63
4.2
EXCEPTION ZONES
Where a Zone classification is followed by the numbered suffix "-Exception One", this
denotes the further classification as an Exception Zone. The corresponding Zone symbol
suffix is "-E1". Additional Exception Zones within the same zone classification are
numbered consecutively (i.e. Commercial - Exception One (C-E1), Commercial -
Exception Two, etc.) Exception Zone provisions are listed separately under the applicable
Zone classification requirements sections in the text of this By-law. All provisions of this
By-law will apply equally to the respective Exception Zone classification, except as
otherwise specified by the Exception Zone provisions.
For the purpose of this By-law, Exception Zones are established as shown on the
Schedule(s) (Zoning Maps).
4.3
HOLDING PROVISIONS
Any parcel of land zoned for residential, commercial or industrial development where the
principle of development has been established (i.e. R1, C, R2) may be further classified
as a holding zone with the addition of the suffix "-h". Certain criteria for development
(i.e. phasing, financial considerations, geotechnical studies, access etc.) must be met to
the satisfaction of Council prior to the removal of the holding provision.
Under this holding Zone, interim and passive uses such as open space and conservation
will be permitted. Uses existing at the time of passing of the By-law will also be
permitted. When the holding provision is removed these uses would no longer apply.
The individual residential, commercial or industrial Zone provisions (i.e. R1, R2, C, etc.)
as the case may be would then apply.
The removal of the holding provisions shall require an amendment to this By-law. No
public participation with mechanism for appeal shall be required where the principle of
development has been established.
TOWNSHIP OF HORTON ZONING BY-LAW
5. RESIDENTIAL ONE (R1) ZONE
64
SECTION 5.0 - REQUIREMENTS FOR RESIDENTIAL ONE (R1) ZONE
5.1
PERMITTED USES
No person shall use any land or erect or use any building or structure in any R1 Zone
except for:
(a)
Residential Uses
-
single detached dwelling
-
group home
(b)
Non-Residential Uses
-
day care (private dwelling)
-
private park
-
public park
5.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any R1 Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum)
4050 square metres
(b)
Lot Frontage (minimum)
40 metres
(c)
Front Yard Depth (minimum)
7.5 metres
(d)
Interior Side Yard Width (minimum)
3 metres
(e)
Exterior Side Yard Width (minimum)
7.5 metres
(f)
Rear Yard Depth (minimum)
7.5 metres
(g)
Dwelling Unit Area (minimum)
75 square metres
(h)
Lot Coverage (maximum)
20%
(i)
Building Height (maximum)
10.5 metres
(j)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(k)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
5. RESIDENTIAL ONE (R1) ZONE
65
(l)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(m)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(n)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(o)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(p)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
5.3
EXCEPTION ZONES
(a)
Residential One - Exception One (R1-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E1 Zone within part of Lot 8, Concession 3, Township of
Horton, a retail store shall be a permitted use.
(b)
Residential One - Exception Two (R1-E2) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E2 Zone within part of Lot 17, Concession 1, Township of
Horton, the following provision shall apply:
i)
Rear yard Depth (minimum)
(c)
Residential One - Exception Three (R1-E3) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E3 Zone within part of Lot 9,Concession 9, Township of
Horton, a lot line that abuts a .3 metre reserve bordering an improved street shall
be deemed to be the front lot line. A permitted building or structure may be
erected on a lot that abuts a .3 metre reserve bordering an improved street.
Additional Provision
No Building or structure shall be erected except in accordance with the Ottawa
River Flood Plain requirements in Section 3 - General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
5. RESIDENTIAL ONE (R1) ZONE
66
(d)
Residential One - Exception Four (R1-E4) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E4 Zone within part of Lot 10, Concession 9, Township of
Horton, and more particularly described as Parts 1,2,6,7 and 8 on reference Plan
49R15758, the following provisions shall apply:
i)
Lot Frontage (minimum)
15 metres
ii)
Water Setback (minimum)
15 metres
(e)
Residential One - Exception Five (R1-E5) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E5 Zone within part of Lot 5, Concession 4, Township of
Horton, 1291 Whitton Road, Township of Horton, shall permit an existing garage
to be converted into a retail store.
(f)
Residential One - Exception Six (R1-E6) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E6 Zone, within part of Lot 4, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot area
5000 square metres
ii)
Lot Frontage
50 metres
iii)
Setback from Top of Slope
46 metres
(g)
Residential One - Exception Seven (R1-E7) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E7 Zone within part of Lot 4, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
1900 square metres
ii)
Lot Frontage (minimum)
50 metres
(h)
Residential One - Exception Eight (R1-E8) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E8 Zone within part of Lot 4, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
5000 square metres
TOWNSHIP OF HORTON ZONING BY-LAW
5. RESIDENTIAL ONE (R1) ZONE
67
ii)
Lot Frontage (minimum)
50 metres
iii)
The Setback from Top of Slope to the nearest part of any excavation,
building or structure shall be a minimum of 4.5 metres except that the
Setback from Top of Slope to the nearest part of any deck shall be a
minimum of 2.0 metres.
iv)
No fill shall be placed on the top of the slope without having the grading
plan reviewed and approved by a geotechnical engineer.
v)
The natural vegetation within the 30 metre setback is to be maintained.
(i)
Residential One - Exception Nine (R1-E9) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E9 Zone within part of Lot 4, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
4800 square metres
ii)
Lot Frontage (minimum)
50 metres
iii)
The Setback from Top of Slope to the nearest part of any excavation,
building or structure shall be a minimum of 18.0 metres.
iv)
No fill shall be placed on the top of the slope without having the grading
plan reviewed and approved by a geotechnical engineer.
v)
The existing drainage channels, which are cut into the slope, cannot be
filled.
vi)
Rock rip-rap erosion protection shall be placed at the toe of the slope to
prevent undercutting of the steep banks, which exist between the existing
drainage channels.
(j)
Residential One - Exception Ten (R1-E10) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the R1-E10 Zone, within part Lot 6, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
7000 square metres
ii)
Lot Frontage (minimum)
55 metres
TOWNSHIP OF HORTON ZONING BY-LAW
5. RESIDENTIAL ONE (R1) ZONE
68
(k)
Residential One - Exception Eleven (R1-E11) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the R1-E11 Zone with in part of Lot 5, Concession 9 and 10, Township
of Horton, the following provisions shall apply:
i)
Lot Area (minimum)
6800 square metres
ii)
Lot Frontage (minimum)
45 metres
(l)
Residential One - Exception Twelve (R1-E12) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the R1-E12 Zone with in part of Lot 6, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
7000 square metres
ii)
Lot Frontage (minimum)
55 metres
iii)
Rear Yard Depth
0 metres
iv)
LOT LINE, REAR means the lot line opposite the front lot line and which
corresponds to the 75.5 metre contour elevation line.
(m)
Residential One - Exception Thirteen -Temporary (R1-E13-Temporary) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the Residential One - Exception Thirteen Temporary (R1-E13 -
Temporary) Zone located at 3670B River Road within Part of Lot 5, Concession
10, Township of Horton, a 'Bait & Tackle Shop' operating from the existing
garage shall be a permitted as a temporary use. The temporary use of the subject
lands for a Bait & Tackle Shop shall be permitted until May 1, 2010. (this date
corresponds to two years from the date of passing of this by-law).
(n)
Residential One - Exception Fourteen (R1-E14) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the R1-E14 Zone within part of Lot 5, Concession 4, Township of
Horton, 1329 Whitton Road, Township of Horton, shall permit an Automotive-
Body Shop.
TOWNSHIP OF HORTON ZONING BY-LAW
6. RESIDENTIAL TWO (R2) ZONE
69
SECTION 6.0 - REQUIREMENTS FOR RESIDENTIAL TWO (R2) ZONE
6.1
PERMITTED USES
No person shall use any land or erect or use any building or structure in any R2 Zone
except for:
(a)
Residential Uses
-
Single detached dwelling
-
Semi detached dwelling
-
Duplex dwelling
-
Two unit dwelling
-
Group home, in accordance with the provisions in Section 3 General
Provisions
(b)
Non-Residential Uses
-
day care (private dwelling)
-
private park
-
public park
6.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any R2 Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum)
4050 square metres
(b)
Lot Frontage (minimum)
40 metres
(c)
Front Yard Depth (minimum)
7.5 metres
(d)
Interior Side Yard Width (minimum)
3 metres
(e)
Exterior Side Yard Width (minimum)
7.5 metres
(f)
Rear Yard Depth (minimum)
7.5 metres
(g)
Dwelling Unit Area (minimum)
65 square metres
(h)
Lot Coverage (maximum)
33%
(i)
Building Height (maximum)
10.5 metres
(j)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
6. RESIDENTIAL TWO (R2) ZONE
70
(k)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(l)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(m)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(n)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(o)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(p)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
6.3
EXCEPTION ZONES
(a)
Residential Two - Exception One (R2-E1) Zone
i)
Notwithstanding any other provisions of this By-law to the contrary, for
the lands located in the R2-E1 Zone within part of Lot 6. Concession 4,
Township of Horton, and with a civic address of 12 Horton School Road,
an apartment dwelling shall be a permitted use. An apartment is defined as
the whole of a building not otherwise defined herein, which contains more
than four (4) dwelling units served by a common entrance or by an
independent entrance directly from the outside in which the occupants
have the right to use in common any corridors, stairs or elevators
contained therein, and the yards appurtenant thereto. The apartment
dwelling shall not exceed 16 dwellings.
TOWNSHIP OF HORTON ZONING BY-LAW
7. LIMITED SERVICE RESIDENTIAL (LSR) ZONE
71
SECTION 7.0 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONE
7.1
PERMITTED USES
No person shall use any land or erect or use any building or structure in any LSR Zone
except for:
(a)
Residential Uses
-
limited service dwelling
(b)
Non-Residential Uses
-
day care (private dwelling)
-
private park
-
public park
7.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any LSR
Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
4050 square metres
(b)
Lot Frontage (minimum)
40 metres
(c)
Water Frontage (minimum)
45 metres
(d)
Front Yard Depth (minimum)
7.5 metres
(e)
Side Yard Width (minimum)
3 metres
(f)
Rear Yard Depth (minimum)
7.5 metres
(g)
Dwelling Unit Area (minimum)
65 square metres
(h)
Lot Coverage (maximum)
20%
(i)
Building Height (maximum)
10.5 metres
(j)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(k)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
7. LIMITED SERVICE RESIDENTIAL (LSR) ZONE
72
(l)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(m)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(n)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(o)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(p)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
7.3
EXCEPTION ZONES
(a)
Limited Service Residential - Exception One (LSR-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the LSR-E1 Zone with in part of Lot 2, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
1500 square metres
ii)
Dwelling per lot (maximum) 2 existing Seasonal Dwellings
(b)
Limited Service Residential - Exception Two (LSR-E2) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the LSR-E2 Zone with in part of Lot 2, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Area (minimum)
1500 square metres
(c)
Limited Service Residential - Exception Three (LSR-E3) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the LSR-E3 Zone with in part of Lot 1, Concession 9, Township of
Horton, the following provisions shall apply:
i)
Lot Frontage (minimum)
20 metres
TOWNSHIP OF HORTON ZONING BY-LAW
7. LIMITED SERVICE RESIDENTIAL (LSR) ZONE
73
(d)
Limited Service Residential - Exception Four (LSR-E4) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the LSR-E4 Zone within part of Lot 4, Concession 8, Township of
Horton, the following provisions shall apply:
i)
Lot Frontage (minimum)
20 metres
ii)
The setback from the top of slope to the nearest part of any excavation,
building or structure be a minimum of 50 metres.
(e)
Limited Service Residential - Exception Five (LSR-E5) Zone
Notwithstanding any other provisions to the contrary, for the land located in the
Limited Service Residential -Exception Five (LSR-E5) Zone within Part of Lot 9,
Concession 9, Township of Horton, and with a civic address of 38 Oakdale Lane
the following provisions shall apply:
i)
Lot Area (minimum)
700 square metres
ii)
Lot Frontage (minimum)
20 metres
iii)
Side yard width for a carport (minimum)
0.3 metres
*(By-law 2010-32B)*
*(f)
Limited Service Residential - Exception Six (LSR-E6) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the LSR-E6 Zone within Part of Lot 5, Concession 8, in the Township
of Horton, the setback from the top of the slope to the nearest part of any
excavation, building or structure shall be a minimum of 25 metres.*
*(By-law 2011-08)*
*(g)
Limited Service Residential - Exception Seven (LSR-E7) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the LSR-E7 Zone within Part Lot 4, Concession 10, in the Township of
Horton, known as 61 Christopher Lane, the following provision shall apply:
i)
Lot Area (minimum)
1863 square metres
(h)
Limited Service Residential - Exception Eight (LSR-E8) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the LSR-E8 Zone within Part Lot 4, Concession 10, in the Township of
Horton, known as 59 Christopher Lane, the following provision shall apply:
i)
Side Yard Width (minimum)
TOWNSHIP OF HORTON ZONING BY-LAW
7. LIMITED SERVICE RESIDENTIAL (LSR) ZONE
74
for existing buildings and structures
1.5 metres.*
*(By-law 2011-10)*
TOWNSHIP OF HORTON ZONING BY-LAW
8. MOBILE HOME PARK (MHP) ZONE
75
SECTION 8.0 - REQUIREMENTS FOR MOBILE HOME PARK (MHP) ZONE
8.1
PERMITTED USES
No person shall use any land or erect or use any building or structure in any MPH Zone
except for:
(a)
Residential Uses
-
mobile home
-
accessory dwelling
(b)
Non-Residential Uses
-
business office accessory to a mobile home park
Uses, buildings and structures accessory to the foregoing permitted uses.
8.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any MHP
Zone except in accordance with the following provisions:
(a)
Mobile Home on communal water system and private sewage disposal:
i)
Mobile Home Site Area (minimum)
1400 square metres
ii)
Mobile Home Site Frontage (minimum)
30 metres
iii)
Mobile Home Site Front Yard Depth (minimum)
6 metres
iv)
Mobile Home Site Side Yard Width (minimum)
3 metres
v)
Mobile Home Site Rear Yard Depth (minimum)
10.5 metres
(b)
Mobile Home on private wells and private sewage disposal:
i)
Mobile Home Site Area (minimum)
2025 square metres
ii)
Mobile Home Site Frontage (minimum)
30 metres
iii)
Mobile Home Site Front Yard Depth (minimum)
7.5 metres
iv)
Mobile Home Site Side Yard Width (minimum)
5 metres
v)
Mobile Home Site Rear Yard Depth (minimum)
10.5 metres
(c)
Dwelling Unit Area (minimum)
i)
Mobile Home
55 square metres
ii)
Accessory single detached dwelling
75 square metres
(d)
Mobile Home Park Lot Area (minimum)
1.2 hectares
TOWNSHIP OF HORTON ZONING BY-LAW
8. MOBILE HOME PARK (MHP) ZONE
76
(e)
Mobile Home Park Lot Frontage (minimum)
90 metres
(f)
Building Height (maximum)
10.5
(g)
Setback from Internal Roads:
9 metres
Minimum for all accessory buildings
(h)
Mobile Home Park Density: Notwithstanding the minimum mobile home site area
provisions of subsection 12.2a)i), no Mobile Home Park (MHP) Zone shall have a
gross density exceeding a maximum seven (7) mobile homes per hectare.
(i)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(j)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(k)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(l)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(m)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(n)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(o)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
8.3
EXCEPTION ZONES
(a)
Mobile Home Park - Exception One (MHP -E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the MHP-E1 Zone, within part of Lot 5, Concession 3, Township of
Horton, the minimum lot frontage shall be 20 metres.
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
77
SECTION 9.0 - REQUIREMENTS FOR COMMERCIAL (C) ZONE
9.1
PERMITTED USES
No person shall use any land or erect or use any building or structure in any C Zone
except for:
(a)
Residential Uses
-
accessory dwelling units, EXCEPT, in the case of an automotive service
station or commercial garage, where the accessory dwelling unit shall be
one single detached dwelling
(b)
Non-Residential Uses
-
automotive - store
-
automotive - commercial garage
-
automotive - gasoline bar
-
automotive - service station
-
automotive - vehicle sales or rental establishment
-
building supply store
-
business and professional offices
-
convenience store
-
day nursery
-
eating establishment
-
eating establishment, drive-in
-
eating establishment, full service
-
eating establishment, take-out
-
financial institution
-
food catering establishment
-
furniture workshop, woodworking shop and showroom
-
funeral home
-
garden centre
-
hotel
-
kennel
-
motel
-
motor hotel
-
park
-
place of entertainment
-
post office
-
retail store
-
service shop, general
-
service shop, personal
-
shopping centre
-
shopping plaza
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
78
Uses, buildings and structures accessory to the foregoing permitted uses.
9.2
ZONE PROVISIONS
No person shall use any land or erect, alter or use any building or structure in any C Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum):
i)
hotel or motel
1.5 hectares
ii)
other uses
4050 square metres
(b)
Lot Frontage (minimum):
i)
automobile service station and
automobile commercial garage
-
interior lot
35 metres
-
corner lot
40 metres
ii)
hotel or motel
46 metres
ii)
all other permitted uses
35 metres
(c)
Lot Depth (minimum):
i)
automobile service station and
40 metres
automobile commercial garage
(d)
Front Yard Depth (minimum):
i)
hotel, motel, automobile
12 metres
service station and automobile
commercial garage
ii)
all other permitted uses
7.5 metres
(e)
Side Yard Width (minimum):
i)
6 metres provided that where the side lot line abuts a Residential Zone, the
minimum side yard width shall be 9 metres.
(f)
Rear Yard Depth (minimum)
i)
7.5 metres provided that where the rear lot line abuts a Residential Zone,
the minimum rear yard depth shall be 9 metres.
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
79
(g)
Lot Coverage (maximum)
i)
hotel, motel, automobile
33%
service station and automobile
commercial garage
ii)
all other permitted uses
25%
(h)
Building Height (maximum):
10.5 metres
(i)
Dwelling Height
10.5 metres
(j)
Dwelling Unit Area (minimum):
i)
single detached dwelling
65 square metres
ii)
accessory dwelling unit
a)
with one bedroom
51 square metres
b)
with more than one
51 square metres plus 9
bedroom
square metres for each
additional bedroom
(k)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(l)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(m)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(n)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(o)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(p)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(q)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
80
9.3
EXCEPTION ZONES
(a)
Commercial - Exception One (C-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the C-E1 Zone within part of Lot 8, Concession 2 (and forming part of
Block A, Registered Plan 41), Township of Horton, a single detached dwelling
which is not accessory to a commercial use shall be permitted.
(b)
Commercial - Exception Two (C-E2) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the C-E2 Zone within part of Lot 15, Concession 1; part of Lot 16,
Concession 1; part of Lot 17, Concession 1; and part of Lot 8 Concession 3,
Township of Horton the following uses shall be permitted in addition to the other
uses permitted in Section 9.1 of the Commercial (C) Zone:
-
contractor's yard or shop
-
logging hauler
-
manufacturing plant
-
manufacturing plant, light
-
factory outlet
-
warehouse
-
accessory business office
-
welding shop
-
mini storage establishment
-
automotive storage
(c)
Commercial - Exception Three (C-E3) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the C-E3 Zone within part of Lot 5 Concession 3, Township of Horton,
the following provisions shall apply:
i)
Lot frontage (minimum)
35 metres
ii)
Side yard width (minimum)
2 metres
(d)
Commercial - Exception Four (C-E4) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the C-E4 Zone within part of Lot 5, Concession 3, Township of Horton,
a single detached dwelling shall be a permitted use. The following provisions
shall also apply:
i)
Lot frontage (minimum)
20 metres
ii)
Side yard width (minimum)
2 metres
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
81
(e)
Commercial - Exception Five (C-E5) Zone
Notwithstanding any other provisions of this By-law to the contrary, for those
lands located in the C-E5 Zone within part of Lot 5, Concession 3, Township of
Horton, a septic tank pumping and portable toilet rental business shall be a
permitted use in addition to the other uses normally permitted in the C Zone.
(f)
Commercial - Exception Six (C-E6) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the C-E6 Zone within part of Lot 2, Concession 5, Township of Horton,
the following uses shall be permitted:
-
Automotive - store
-
Automotive - body shop
-
Automotive - car wash
-
Automotive - commercial garage
-
Automotive - gasoline bar
-
Automotive - service station
-
Automotive - vehicle sales or retail establishment
-
Automotive - storage
-
Building supply store
-
Park
-
Business and professional offices
-
Service shop, general
-
Service shop, personal
-
Retail store
-
Convenience store
-
Mini-storage establishment
-
Garden centre
-
Kennel
-
Contractor's yard or shop
-
Logging hauler
-
Light Industrial Manufacturing Plant
-
Factory outlet
-
Warehouse
-
Accessory business office
-
Welding shop
For the purposes of this By-law, 'Light Industrial Manufacturing Plant' means a
building or structure in which materials or component parts are manufactured,
assembled or processed to produce finished products suitable for the retail trade
but does not include industry involving stamping presses, furnaces or other
industry that emits or discharge liquids, dirt, dust or noxious fumes into the air or
that results in noise or vibration beyond the property in excess of 90db at 1,000
feet or Ministry of the Environment guidelines.
TOWNSHIP OF HORTON ZONING BY-LAW
9. COMMERCIAL (C)
82
All permanent structures and excavations shall be located at least 7 metres from
the limits of TransCanada's Pipeline right of way. Accessory structures shall have
a minimum setback of 3 metres from the limit of the right of way.
TOWNSHIP OF HORTON ZONING BY-LAW
10. CAMPGROUND COMMERCIAL (CC) ZONE
83
SECTION 10.0 - REQUIREMENTS FOR CAMPGROUND COMMERCIAL (CC) ZONE
10.1
PERMITTED USES
No person shall use land or erect, alter or use any building or structure in any CC Zone
except for:
(a)
Residential Uses
-
accessory single detached dwelling
(b)
Non-Residential Uses
-
camping establishment
-
cottage establishment
-
convenience store
-
recreational vehicle campground or park
-
marina
-
full-service eating establishment
-
take-out eating establishment
Uses, buildings and structures accessory to the foregoing permitted uses.
10.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building structure within a CC Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum)
i) camping establishment, recreational, 4050 square metres plus an
additional 185 square metres for each campsite in excess of 4 sites.
ii)
cottage establishment, 4050 square metres plus an additional 200 square
metres for each cottage in excess of 4 cottages.
iii)
other permitted uses
4050 square metres
(b)
Lot Frontage (minimum)
46 metres
(c)
Front Yard Depth (minimum)
12 metres
(d)
Side Yard Depth (minimum), 6 metres provided that where the side lot line abuts
a Residential Zone, the minimum side yard width shall be 9 metres.
(e)
Rear yard Depth (minimum) 7.5 metres where the rear lot line abuts a
Commercial or Community Facility Zone.
TOWNSHIP OF HORTON ZONING BY-LAW
10. CAMPGROUND COMMERCIAL (CC) ZONE
84
(f)
Accessory Dwelling Area (minimum)
65 square metres
(g)
Building Height (maximum)
10.5 metres
(h)
Lot Coverage (maximum)
35%
(i)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(j)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(k)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(l)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(m)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(n)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(o)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
10.3
EXCEPTION ZONES
(a)
Campground Commercial - Exception One (CC-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the CC-E1 Zone, within Lots 24, 25 and 26, Concession 7 and 8,
Township of Horton, a camping establishment shall be the only permitted use.
The only permitted accessory use shall be a trailer for use as an office.
TOWNSHIP OF HORTON ZONING BY-LAW
11. TOURISM COMMERICAL (TC) ZONE
85
SECTION 11.0 - REQUIREMENTS FOR TOURISM COMMERCIAL (TC) ZONE
11.1
PERMITTED USES
No person shall use any land or erect or use a building or structure in a TC Zone except
for:
(a)
Residential Uses
-
accessory dwelling unit
(b)
Non-Residential Uses
-
administrative offices
-
artisan shops
-
auctions
-
automobile - gasoline bar
-
bed and breakfast establishment
-
camping establishment
-
craft shops
-
eating establishment, full service
-
eating establishment, take out
-
golf course and chalet
-
hotel
-
marina
-
motel
-
park, private
-
park, public
-
place of entertainment
-
recreational use, passive
-
recreational use, active
-
retail store
-
service shop, general
-
service shop, personal
-
souvenir sales establishment
-
storage buildings
-
theme park
Uses, buildings and structures accessory to the foregoing.
11.2
ZONE PROVISIONS
(a)
Lot Area (minimum)
i)
motel, hotel, or theme park
1.5 hectares
ii) camping establishment, recreational, 4050 square metres plus an
additional 185 square metres for each campsite in excess of 4 sites.
TOWNSHIP OF HORTON ZONING BY-LAW
11. TOURISM COMMERICAL (TC) ZONE
86
iii)
all other permitted uses
4050 square metres
(b)
Lot Frontage (minimum)
i)
motel or hotel
46 metres
ii)
theme park
120 metres
iii)
all other permitted uses
35 metres
(c)
Front Yard Depth (minimum)
i)
motel, hotel, automobile
service, gasoline bar
12 metres
ii)
theme park
10.5 metres
iii)
all other permitted uses
7.5 metres
(d)
Side Yard Width (minimum)
i)
theme park
12 metres
ii)
all other permitted uses
6 metres provided that where the side lot
lines abuts a Residential Zone, the minimum
side yard width shall be 9 metres
(e)
Rear Yard Depth (minimum)
i) theme park
15 metres
ii) all other permitted uses
7.5 metres provided that where the rear lot
line abuts a Residential Zone, the minimum
rear yard depth shall be 9 metres.
(f)
Lot Coverage (maximum)
i)
motel, hotel,
automobile gas bar
33%
ii)
theme park
40%
iii)
all other permitted uses
25%
(g)
Building Height (maximum)
10.5 metres
TOWNSHIP OF HORTON ZONING BY-LAW
11. TOURISM COMMERICAL (TC) ZONE
87
(h)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(i)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(j)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(k)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(l)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(m)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(n)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
11.3
EXCEPTION ZONES
TOWNSHIP OF HORTON ZONING BY-LAW
12. GENERAL INDUSTRIAL (GM) ZONE
88
SECTION 12.0 - REQUIREMENT FOR GENERAL INDUSTRIAL (GM) ZONE
12.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any GM Zone except
for:
(a)
Residential Uses
-
accessory dwelling units, EXCEPT in the case of a body shop or commercial
garage, where the accessory dwelling unit may be a single detached dwelling.
- accessory dwelling units are prohibited on lots with a fuel storage tank
(b)
Non-Residential Uses
-
automotive - body shop
-
automotive - commercial garage
-
automotive - storage
-
contractors yard or sop
-
logging hauler
-
manufacturing plant
-
manufacturing plant, light
-
fuel storage tank
-
factory outlet
-
warehouse
-
business office accessory to a permitted use
-
sawmill
-
mini storage establishment
Uses, buildings and structures accessory to the foregoing permitted uses.
12.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any GM
Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
4050 square metres
(b)
Lot Frontage (minimum)
35 metres
TOWNSHIP OF HORTON ZONING BY-LAW
12. GENERAL INDUSTRIAL (GM) ZONE
89
(c)
Yards (minimum):
Abutting an
Abutting
Industrial
Other
Zone
Zone
i)
Front Yard Depth
15 metres
22 metres
ii)
Interior Side Yard Width 3 metres
22 metres
iii)
Exterior Side Yard Width
15 metres
22 metres
iv)
Rear Yard Depth
9 metres
22 metres
(d)
Lot Coverage (maximum)
50%
(e)
Dwelling Unit Area (minimum)
65 square metres
(f)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(g)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(h)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(i)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(j)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(k)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(l)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
12.3
EXCEPTION ZONES
(a)
General Industrial - Exception One (GM-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
zoned GM-E1 Zone within Lot 1, Concession 1, Township of Horton, the
following provisions shall apply for a mini storage establishment.
i)
Front Yard Depth
12 metres
TOWNSHIP OF HORTON ZONING BY-LAW
12. GENERAL INDUSTRIAL (GM) ZONE
90
ii)
Side Yard Width
7.5 metres
(b)
General Industrial - Exception Two (GM-E2) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the GM-E2 Zone within Part of Lot 15, Concession 4, Township of
Horton, a pet crematorium shall be a permitted use.
For the purposes of this by-law, a pet crematorium means a building fitted with
the proper appliances for the purposes of the cremation of animal remains and
includes everything incidental or ancillary thereto. Only pets or animals up to a
maximum size of 158.75 kg (350 lbs.) shall be processed in the pet crematorium.
The following provisions apply to the building housing the crematorium:
i)
Front yard Depth (minimum)
15 metres
ii)
Side Yard Width (minimum)
20 metres
iii)
Rear Yard Depth (minimum)
6 metres
TOWNSHIP OF HORTON ZONING BY-LAW
13. EXTRACTIVE INDUSTRIAL (EM)
91
SECTION 13.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONE
13.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any EM Zone except
for:
(a)
Residential Uses
-
prohibited
(b)
Non-Residential Uses
-
concrete manufacturing plant
-
extractive industrial facility
-
asphalt manufacturing plant*
*provided it is only located within a licensed gravel pit or quarry under the
provisions of the Aggregate Resources Act and provided it is issued and
maintains a valid Certificate of Approval under the provisions of the
Environmental Protection Act (As approved by Ontario Municipal Board-
Decision/Order No: 0668. Issue Date: April 7,1999)
(c)
Other permitted Uses
-
gravel pit
-
quarry
-
accessory repair garage
13.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any EM Zone
except in accordance with the following provisions:
(a)
Lot Frontage (minimum)
30 metres
(b)
Yards (minimum):
Abutting Abutting
Industrial Other
Zone
Zone
i)
Front Yard Depth
22 metres 30 metres
ii)
Interior Side Yard Width 15 metres 30 metres
iii)
Exterior Side Yard Width
22 metres
30 metres
iv)
Rear Yard Depth
15 metres 30 metres
TOWNSHIP OF HORTON ZONING BY-LAW
13. EXTRACTIVE INDUSTRIAL (EM)
92
(c)
Landscaped Open Space
No land in an Extractive Industrial (EM) Zone shall be used for any other purpose
than landscaped open space within:
i)
30 metres of any zone other than an Industrial zone
ii)
22 metres of any street line
(d)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(e)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
(f)
Separation Distances: In accordance with the provisions for Separation Distances
in Section 3 - General Provisions of this By-law.
(g)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(h)
Additional Zone Provisions: In accordance with the provisions for Automotive
Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3
- General Provisions of this By-law.
(i)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions
of this zone to the contrary, uses, buildings and structures that are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of
this By-law.
(j)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
13.3
EXCEPTION ZONES
TOWNSHIP OF HORTON ZONING BY-LAW
14. EXTRACTIVE INDUSTRIAL RESERVE (EMR) ZONE
93
SECTION 14.0 -REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR) ZONE
14.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any EMR Zone except
for:
(a)
Residential Uses
-
single detached dwelling existing at the date of passing of this By-law.
(b)
Non-Residential Uses
-
non-residential uses existing on the date of passing of this By-law
-
forestry
-
farms (excluding new farm dwellings and new accessory farm buildings)
-
passive recreation
14.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any EMR
Zone except in accordance with the following provisions:
(a)
Front Yard Depth (minimum)
10.5 metres
(b)
Side Yard Width (minimum)
3.0 metres
(c)
Rear Yard Depth (minimum)
15.0 metres
(d)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
15. DISPOSAL INDUSTRIAL (DM) ZONE
94
SECTION 15.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONE
15.1
PERMITTED USES
No person shall use land or erect, alter or use a building or structure in any DM Zone
except for:
(a)
Residential Uses
-
prohibited
(b)
Non-Residential Uses
-
waste disposal site, including transfer and processing stations and
composting sites
-
salvage yard
Use, buildings and structures accessory to the foregoing permitted uses
15.2
ZONE PROVISIONS
No person shall use any lot or erect or use any building or structure in a Disposal
Industrial (DM) Zone except in accordance with the following provisions:
(a)
Yards (minimum):
Abutting
Abutting
Industrial Zone
Other Zone
i)
Front Yard Depth
22 metres
30 metres
ii)
Side Yard Width
15 metres
30 metres
iii)
Rear Yard Depth
15 metres
30 metres
(b)
Buffer Strip
No land in any DM Zone shall be used for any other purpose than a buffer strip
within,
i)
30 metres of any Zone other than an Industrial zone; and
ii)
22 metres of any street line.
(c)
Abandoned or Rehabilitated
No building shall be erected or constructed in a waste disposal site that has been
abandoned or rehabilitated.
(d)
Accessory Uses, Buildings and Structures
TOWNSHIP OF HORTON ZONING BY-LAW
15. DISPOSAL INDUSTRIAL (DM) ZONE
95
Notwithstanding any other zone provision to the contrary, with the exception of
the Buffer Strip provisions, uses, buildings and structures that are necessary to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
15.3
EXCEPTION ZONES
(a)
Disposal Industrial - Exception (DM-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the DM-E1 Zone within part of Lot 10, Concession 6, Township of
Horton and more particularly described as Part 1 on Reference Plan 49R-15035, a
salvage yard shall be the only permitted use. For the purposes of this subsection
the notwithstanding subsection 2.190 to the contrary, the following definition
shall apply:
SALVAGE YARD means a lot and/or premises for the storage and/or handling
and/or sale of scrap or used materials, which, without limiting the generality of
the foregoing, shall include wood, bicycles, tires, metal and/or other scrap
material and salvage includes a junk yard and scrap metal yard.
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
96
SECTION 16.0 - REQUIREMENTS FOR RURAL (RU) ZONE
16.1
PERMITTED USES
No person shall use land or erect, alter or use a building or structure in any RU Zone
except for:
(a)
Residential Uses
-
single detached dwelling
-
semi-detached dwelling
-
duplex
-
two unit dwelling
-
modular dwelling
-
group home, in accordance with the provisions for Group Homes in
Section 3 of this By-law
(b)
Non-Residential Uses
-
bed and breakfast
-
day care (private dwelling)
-
farm
-
farm business
-
farm produce sales outlet
-
forestry
-
garden centre
-
home industry
-
logging hauler
-
private club
-
private park
-
public park
-
transmitter tower
-
existing private airfield
-
exploratory mineral work, so as to establish a valuable mineral in place,
but shall not include a mine or mining as defined elsewhere in this By-law
-
stable, commercial
-
stable, private
Uses, buildings and structures accessory to the foregoing permitted uses
16.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any RU Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum)
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
97
i)
forestry,
garden centre, logging hauler,
home industry,
commercial stable, private stable
2 hectares
ii)
farm, farm business
10 hectares
iii)
all other permitted uses
4050 square metres
(b)
Lot Frontage (minimum)
40 metres
(c)
Front Yard Depth (minimum)
i)
residential uses
7.5 metres
ii)
all other permitted uses
12 metres
(d)
Side Yard Width (minimum)
i)
residential uses
3 metres
ii)
all other permitted uses
15 metres
(e)
Rear Yard Depth (minimum)
i)
farm
7.5 metres
ii)
all other permitted uses
15 metres
(f)
Dwelling Unit Area (minimum)
65 square metres
(g)
Lot Coverage (maximum)
i)
farm
20%
ii)
all other permitted uses
33%
(h)
Accessory Buildings and Structures
associated with Exploratory
mineral works (maximum)
9.3 square metres
(i)
Open Storage: In accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law.
(j)
Parking and Loading: In accordance with the provisions for Parking and Loading
in Section 3 - General Provisions of this By-law.
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
98
(k)
Separation Distance: In accordance with the provisions for Separation Distance
in Section 3 - General Provisions of this By-law.
(l)
Setbacks: In accordance with the provisions for Setbacks in Section 3 - General
Provisions of this By-law.
(m)
Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision
of this Zone to the contrary, uses, buildings and structures that are accessory to
the permitted uses of this Zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General
Provisions of this By-law.
(n)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
16.3
EXCEPTION ZONES
(a)
Rural - Exception One (RU-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E1 Zone within Lot 4 Concession 3, Township of Horton, a
septage disposal site shall be permitted.
(b)
Rural - Exception Two (RU-E2) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E2 Zone within part of Part 21, Concession 4, Township of
Horton, a building, structure or lot or part thereof used for the cutting and
wrapping of meat shall be permitted. The slaughter of livestock or other animals
shall not be permitted.
(c)
Rural - Exception Three (RU-E3) Zone
Notwithstanding any other provisions of this By-law to the contrary, for lands
located in the RU-E3 Zone within Part of lot 19, Concession 1, Township of
Horton, an automotive-vehicle sales/rental establishment and a furniture retail
store shall be permitted uses.
(d)
Rural - Exception Four (RU-E4) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E4 Zone within parts of Lot 10 and 11, Concession 7 and more
particularly described as Part 1 on Reference plan 49R-11061 and part of the
municipal road allowance between lots 10 and 11 which was closed and conveyed
by Bylaw 94-21, and is described as Parts 2 and 3 on reference Plan 49R-12371, a
Young Adult Residential Care Facility shall be a permitted use. The following
provisions shall apply:
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
99
Permitted Residential Uses
-
Single detached dwelling
maximum 2
-
dormitory dwellings
maximum 4
Permitted Non-residential Uses
-
dining hall
-
gymnasium
-
office
Uses, buildings and structures accessory to the foregoing permitted uses.
Zone Provisions
a)
The zone provisions of the Rural (RU) Zone for the classification
described as all other permitted uses shall apply with the exception that all
buildings and structures, including accessory buildings and structures shall
be setback a minimum of 30 metres from the southern boundary of lot 11,
Concession 7. The land within this setback area shall be used exclusively
as a buffer strip.
This setback means the shortest horizontal distance between the lot line
and the nearest wall of any main or accessory building or structure on the
lot.
A further exception is that all buildings and structures including accessory
buildings and structures, except a single detached dwelling, shall be
setback a minimum of 70 metres from the lot line that divides the lot from
the County Road 20 street allowance.
b)
Floor Area (maximum)
i)
single detached dwelling
192 square metres per dwelling
ii) dormitory dwelling 860 square metres(total floor
area for all permitted dormitory
dwellings)
c)
A group home shall not be a permitted use
d)
With the exception of 1 single detached dwelling, a building permit shall
not be issued for any buildings or structures, including accessory buildings
and structures, until Council has approved a site plan and site plan
agreement in accordance with Section 41 of the planning Act and the
provisions of this By-law. The site plan and site plan agreement shall be
registered on the title to the property.
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
100
e)
Density
In the case of all permitted dormitory dwellings, the density shall not
exceed 48 people calculated as follows: 1 person per 18 square metres of
floor area.
DEFINITIONS
DINING HALL means a building or part thereof which is used for the
consumption of food by persons seated at booths, counters, tables or a
combination thereof.
DORMITORY DWELLING means a single housekeeping unit in a single
detached dwelling in which up to 10 students live.
GYMNASIUM means a building or part thereof which is equipped for athletic
activities.
STUDENT means a person in full time residence at the young adult residential
care facility and receiving spiritual care and guidance. This definition does
not include a person in receipt of remuneration from the facility's
operators.
YOUNG ADULT RESIDENTIAL CARE FACILITY means a private
institutional use consisting of land, buildings and structures for the
purpose of providing a learning and spiritual healing and care environment
for a maximum of 20 students.
(e)
Rural - Exception Five (RU-E5) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E5 Zone within part of Lots17 and 18, Concession 7 and 8,
Township of Horton, the following provisions shall apply:
i)
No buildings or structures, including additions or enlargements to existing
structures, with the exception of boat docking or launching facilities shall
be permitted on lands located within the Ottawa River Flood Plain and
situated below the floodway elevation of 77.d metres Canadian Geoetic
Datum (C.G.D.)
ii)
Elevation information shall accompany an application for a building
permit show that development is to occur above the 77.5 metre elevation.
(f)
Rural - Exception Six (RU-E6) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E6 Zone within part of Lot 2, Concession 8, Township of
Horton, no buildings or structures shall be permitted within 30 metres of the top
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
101
of the slope. Top of the slope means a line delineated at a point where the oblique
of the slope meets the horizontal plan.
(g)
Rural - Exception Seven (RU-E7) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the RU-E7 Zone within Part of Lot 21, Concession 4, Township of
Horton, (549 Storyland Road) the only permitted uses shall be the following:
- single detached dwelling
- automotive commercial garage
- contractor's yard or shop
Uses, buildings and structures accessory to the foregoing permitted uses.
(h)
Rural - Exception Eight (RU-E8) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E8 Zone within Lot 13, Concession 5, Township of Horton, the
following uses shall be permitted in addition to the normal uses permitted in the
RU Zone:
- recreation passive
-eating establishment
- maple syrup interpretive centre
A maple syrup interpretive centre is defined as a commercial establishment
centred around a maple syrup theme and shall include structures, buildings,
processing equipment and displays to present the theme, petting farm, garden
trails, souvenir sales outlets, offices, storage areas, eating establishments, learning
areas, artisan and craft shops, and accessory uses.
Additional Provisions:
No permanent structures or excavations shall be permitted within 10 metres of the
limit of the TransCanada Pipeline's right-of-way.
(i)
Rural - Exception Nine (RU-E9) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the Rural-Exception Nine (RU-E9) Zone within Lot 20, Concession 6,
Township of Horton, and more particularly described as Part 3 on Reference Plan
49R-14184 the following provisions shall apply:
i)
Lot area (minimum)
10 hectares
ii)
Front Yard Depth (minimum)
70 metres.
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
102
(j)
Rural - Exception Ten (RU-E10) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the land
located in the RU-E10 Zone, within Part of Lot 18, Concession 2, Township of
Horton, an accessory building or structure shall be permitted to be built on the lot
before the principal or main building has been built on the lot.
(k)
Rural - Exception Eleven (RU-E11) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E11 Zone within part of Lot 5, Concession 9, Township of
Horton, an automotive-commercial garage is a permitted use.
(l)
Rural - Exception Twelve (RU-E12) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E12 Zone within part of Lot 18, Concession 3, Township of
Horton, and more particularly described as Part 1 on Reference Plan 49R-15096, a
hobby farm is a permitted use and the minimum lot area shall be 1.6 hectres.
(m)
Rural - Exception Thirteen (RU-E13) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E13 Zone within part of Lot 18, Concession 3, Township of
Horton, the housing of livestock is not permitted in the existing barn.
(n)
Rural - Exception Fourteen (RU-E14) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E14 Zone with in part of Lot 2, Concession 5, Township of
Horton, the following provisions shall apply:
i)
No dwelling shall be erected within 150 metres of the boundary of an area
licensed under the Aggregate Resources Act.
ii)
No dwelling shall be erected within 30 metres of the entrance and access
road to a gravel pit.
(o)
Rural - Exception Fifteen (RU-E15) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E15 Zone within part of Lot 20, Concession 6, Township of
Horton, a processing yard for scrap metal is a permitted use in addition to the uses
normally permitted in the RU Zone.
For the purposes of this by-law, a "processing yard for scrap metal" means lands
used for the sorting and storage of scrap metal which is then loaded onto trucks
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
103
and trailers and delivered to various locations. Parking of trucks and trailers
overnight and on weekends is considered accessory to the processing yard.
(p)
Rural - Exception Sixteen (RU-E16) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the RU-E16 Zone within part of Lot 2, Concession 2, Township of
Horton, the setback from the boundary of the provincially significant wetland to
the nearest part of any excavation, building or structure shall be a minimum of
120 metres.
(q)
Rural - Exception Seventeen (RU-E17) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E17 Zone within part of lots 10 and 11, Concession 7,
Township of Horton, a garage/storage building is permitted prior to the
establishment of the main building on the lot.
(r)
Rural - Exception Eighteen (RU-E18) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E18 Zone within part of Lot 5, Concession 7, Township of
Horton, a permanent, year-round dwelling shall be permitted on a lot without
public road frontage and development and site alteration shall be prohibited
within 100 metres of the top of slope of the Bonnechere River.
(s)
Rural - Exception Nineteen (RU-E19) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the RU-E19 Zone within part of Lot 8, Concession 4, Township of
Horton, a mini storage establishment shall be a permitted use.
(t)
Rural - Exception Twenty (RU-E20) Zone
Notwithstanding any other provisions of this By-law to the contrary for the lands
located in the RU-E20. Zone within part of Lot 10, Concession 7, Township of
Horton, no building or structure shall be erected within 20 metres of the top of the
slope.
(u)
Rural - Exception Twenty One (RU-E21) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the RU-E21 Zone located at within Lot 10, Concession 5, Township of
Horton, two single detached dwellings that are accessory to a farm use shall be
permitted.
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
104
(v)
Rural - Exception Twenty Two (RU-E22) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Two (RU-E22) Zone located within Lot
18, Concession VI, Township of Horton, the water setback shall be a minimum of
11.5 metres.
(w)
Rural - Exception Twenty Three (RU-E23) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Three (RU-E23) Zone located within Lot
15, Concession 5, Township of Horton, a towing company shall be a permitted
use, and the minimum setback from all lot lines for an outdoor furnace shall be 20
metres.
(x)
Rural - Exception Twenty Four (RU-E24) Zone
Notwithstanding Section 3.26(a)(iv) or any other provision of this By-law to the
contrary, for the lands located in the Rural - Exception Twenty Four (RU-E24)
Zone within Part of Lot 16 & 17, Concession 2, Township of Horton, a single
detached dwelling shall be setback 150 metres (minimum) from the boundary of a
licensed aggregate pit.
(y)
Rural - Exception Twenty Five (RU-E25) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Five (RU-E25) Zone within Part of Lot
15, Concession 5, Township of Horton, an automotive commercial garage (which
includes tire repairs) operating from the existing shop shall be a permitted use.
(z)
Rural - Exception Twenty Six (RU-E26) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Six (RU-E26) Zone located at within
Part of Lot 14, Concession 7, Township of Horton, a seasonal dwelling or a cabin
shall be a permitted use in addition to the other uses permitted in the RU zone.
(aa)
Rural - Exception Twenty Seven (RU-E27) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Seven (RU-E27) Zone within Part of Lot
13, Concession 4, 1256 Castleford Road, Township of Horton, an automotive
commercial garage operating from the existing shop shall be a permitted use.
(bb)
Rural - Exception Twenty Eight (RU-E28) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the Rural - Exception Twenty Eight (RU-E28) Zone within Part of Lot
TOWNSHIP OF HORTON ZONING BY-LAW
16. RURAL (RU) ZONE
105
2, Concession 28, 3283 River Road, Township of Horton, a three unit dwelling
shall be a permitted use.
*(By-law 2010-33B)*
*(cc) Rural - Exception Twenty Nine (RU-E29) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the RU-E29 Zone within Part Lot 13, Concession 5, in the Township of
Horton, and designated as Part 1 & 2 on Reference Plan 49R-16893, one single
detached dwelling that crosses the property line between Part 1 and Part 2 is
permitted.*
*(By-law 2010-42)*
*(dd) Rural - Exception Thirty (RU-E30) Zone
Notwithstanding any other provision of this By-law to the contrary, for the lands
located in the RU-E30 Zone within Part of Lot 7, Concession 3, in the Township
of Horton, a single detached dwelling is permitted to be constructed on lands that
do not front on or have direct access to an improved street being a Provincial
Highway, County Road, or Township Road.*
TOWNSHIP OF HORTON ZONING BY-LAW
17. COMMUNITY FACILITY (CF)
106
SECTION 17.0 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONE
17.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any CF Zone except for:
(a)
Residential Uses
-
accessory single detached dwelling
(b)
Non-Residential Uses
-
assembly hall
-
day nursery
-
community centre
-
clinic
-
hospital
-
cemetery
-
institutional use
-
public garage
-
public utility
-
church
-
school
-
recreation, active
-
recreation, passive
-
public park
-
private club
-
private park
-
forestry
-
public building
17.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a CF Zone
except in accordance with the following provisions:
(a)
Lot Area (minimum)
4050 square metres
(b)
Lot Frontage (minimum)
30 metres
(c)
Front Yard Depth (minimum)
10.5 metres
(d)
Side Yard Width (minimum)
5 metres or ½ the
height of the building
whichever is greater
TOWNSHIP OF HORTON ZONING BY-LAW
17. COMMUNITY FACILITY (CF)
107
(e)
Rear Yard Depth (minimum)
15 metres
(f)
Lot Coverage (maximum)
40%
(g)
Building Height (maximum)
10.5 metres
(h)
Open Storage
in accordance with the provisions for Open
Storage in Section 3 - General Provisions of
this By-law
(i)
Parking and Loading Space
in accordance with the provisions for Space
Requirements Parking and Loading Space
Requirements in Section 3 of this By-law
(j)
Separation Distances
in accordance with the provisions for
Separation Distances in Section 3 of this By-
law
(k)
Setbacks
in accordance with the provisions for
Setbacks in Section 3 of this By-law
(l)
Accessory Uses, Buildings and Structures:
Notwithstanding any Zone provision of this Zone to the contrary, uses, buildings
and structures which are accessory to the permitted uses of this Zone shall be
permitted in accordance with the requirements for Accessory Uses, Buildings and
Structures in Section 3.0 General Provisions of this By-law.
(m)
Ottawa River Floodplain: In accordance with the provisions for the Ottawa River
Floodplain in Section 3 - General Provisions of this By-law.
17.3
EXCEPTION ZONES
TOWNSHIP OF HORTON ZONING BY-LAW
18. ENVIRONMENTAL PROTECTION (EP) ZONE
108
SECTION 18.0 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION (EP) ZONE
18.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any EP Zone except for:
(a)
Residential Uses
-
a single detached dwelling existing at the date of passing of this By-law
(b)
Non-Residential Uses
-
forestry
-
existing farms including forestry but not including an intensive farm as
described herein, and excluding any additional dwelling associated with a
farm use
-
public park
-
private park
-
recreation, passive
-
open space
-
accessory uses, buildings and structures provided such accessory buildings
and structures shall not exceed 9.3 square metres in area
18.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any EP Zone
except in accordance with the following provisions:
(a)
Front Yard Depth (minimum)
10.5 metres
(b)
Side Yard Width (minimum)
5 metres
(c)
Rear Yard Depth (minimum)
15 metres
(d)
Lot Coverage (maximum)
1%
(e)
Building Height (maximum)
5 metres
18.3
EXCEPTION ZONES
(a)
Environmental Protection -Exception One (EP-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for the lands
located in the EP-E1 Zone within Lot 21, Concession 7, Township of Horton, the
only permitted residential use shall be a semi-detached seasonal dwelling. A semi-
detached seasonal dwelling means a semi-detached dwelling that does not front
on a municipally maintained street and which dwelling is used occasionally for
TOWNSHIP OF HORTON ZONING BY-LAW
18. ENVIRONMENTAL PROTECTION (EP) ZONE
109
recreation, rest or relaxation, but not occupied continuously nor used as a year-
round permanent dwelling. The following provisions shall also apply:
-
the minimum side yard width for one unit of a semi detached dwelling on
a separate lot shall be 0 where the two units abut.
-
the provisions of the Ottawa River Floodplain section of this By-law shall
apply.
TOWNSHIP OF HORTON ZONING BY-LAW
19. OPEN SPACE (OP) ZONE
110
SECTION 19.0 -REQUIREMENTS FOR OPEN SPACE (OS) ZONE
19.1
PERMITTED USES
No person shall use land or erect or use a building or structure in an OS Zone, except for:
(a)
Residential Uses
-
prohibited
(b)
Non-residential Uses
-
public park
-
private park
-
cemetery
-
recreation, passive
-
open space
-
golf course
19.2
ZONE PROVISIONS
(a)
Lot Area (minimum)
NIL
(b)
Front Yard Depth (minimum)
NIL
(c)
Side Yard Width (minimum)
NIL
(d)
Rear Yard Depth (minimum)
NIL
(e)
Building Height (maximum)
5 metres
(f)
Accessory uses, Buildings and structures; Notwithstanding any zone provisions of
this zone to the contrary, uses, buildings and structures which are accessory to the
permitted uses of this zone shall be permitted in accordance with the requirements
for Accessory uses, buildings and structures in Section 3.0 General Provisions of
this By-law
19.3
EXCEPTION ZONES
TOWNSHIP OF HORTON ZONING BY-LAW
20. PROVINCIALLY SIGNIFICANT WETLANDS (PSW) ZONE
111
SECTION 20.0 -REQUIREMENTS FOR PROVINCIALLY SIGNIFICANT WETLANDS
(PSW) ZONE
20.1
PERMITTED USES
No person shall use land or erect or use a building or structure or do any site alteration in
any PSW Zone, except for:
(a)
Residential Uses
-
a dwelling existing at the time of passing of this by-law
(b)
Non-residential Uses
-
existing farm
20.2
ZONE PROVISIONS
20.3
EXCEPTION ZONES
(a)
Provincially Significant Wetlands - Exception One (PSW-E1) Zone
Notwithstanding any other provisions of this By-law to the contrary, for those
lands delineated as Provincially Significant Wetlands - Exception One (PSW-E1),
being a 120 metre buffer from the PSW Zone as shown on the Schedule A,
development and site alteration for a single detached dwelling in accordance with
the Rural (RU) Zone provisions for a single detached dwelling is permitted
subject to the following provision:
The preparation and submission of an Environmental Impact Study (EIS) which
demonstrates that there will be no negative impacts on the natural features or the
ecological functions for which the area is identified shall be required.
TOWNSHIP OF HORTON ZONING BY-LAW
21. AREAS OF NATURAL AND SCIENTIFIC INTEREST (ANSI) ZONE
112
SECTION 21.0 - REQUIREMENTS FOR AREAS OF NATURAL AND SCIENTIFIC
INTEREST (ANSI) ZONE
21.1
PERMITTED USES
No person shall use land or erect or use a building or structure or do any site alteration in
any ANSI Zone, except for:
(a)
Residential Uses
-
a dwelling existing at the time of passing of this by-law
(b)
Non-residential Uses
-
existing farm
21.2
ZONE PROVISIONS
Notwithstanding any other provisions of this By-law to the contrary, for those lands
delineated as Areas of Natural and Scientific Interest (ANSI) on Schedule A, to this By-
law, development and site alteration for uses permitted in the Rural (RU) Zone may be
permitted in the ANSI zone, if it has been demonstrated that there will be no negative
impacts on the natural features or the ecological functions for which the area is identified.
Council shall require an Environmental Impact Study (EIS) and consult with the Ministry
of Natural Resources and the County of Renfrew regarding development and its possible
impacts.
21.3
EXCEPTION ZONES
(a)
Areas of Natural and Scientific Interest -Exception One (ANSI -E1)
Notwithstanding any other provisions of this By-law to the contrary, for those
lands delineated as Areas of Natural and Scientific Interest -Exception One (ANSI
-E1) being a 50 metre buffer from the ANSI Zone as shown on Schedule A, to
this By-law, development and site alteration for uses permitted in the Rural (RU)
Zone may be permitted, if it has been demonstrated that there will be no negative
impacts on the natural features or the ecological functions for which the area is
identified. Council shall require an Environmental Impact Study (EIS) and
consult with the Ministry of Natural Resources and the County of Renfrew
regarding development and its possible impacts.
TOWNSHIP OF HORTON ZONING BY-LAW
22. ENACTMENT
113
SECTION 22.0 - ENACTMENT
This By-law shall become effective on the date of passing by Council.
This By-law read a FIRST and SECOND time this _______day of ________________, 20____.
This By-law read a THIRD time and finally passed this _____ day of ______________, 20____.
__________________________
MAYOR
___________________________
CLERK
114
IMPERIAL - METRIC CONVERSIONS
SPECIFIC LINEAR CONVERSIONS
SPECIFIC AREA CONVERSIONS
0.3 m
=
0.98 ft.
1 m2
=
10.76
sq. ft.
0.5 m
=
1.64 ft.
9 m2
=
96.88
sq. ft.
0.6 m
=
1.97
ft.
51
m2
=
548.98
sq. ft.
0.7 m
=
2.30
ft.
65
m2
=
699.68
sq. ft.
0.9 m
=
2.95
ft.
75
m2
=
807.32
sq. ft.
1.0 m
=
3.28
ft.
93
m2
=
1001.08
sq. ft.
1.5 m
=
4.92
ft.
185
m2
=
1991.39
sq. ft.
2.0 m
=
6.56
ft.
300
m2
=
3229.28
sq. ft.
2.5 m
=
8.20
ft.
600
m2
=
6458.56
sq. ft.
2.7 m
=
8.86
ft.
700
m2
=
7534.98
sq. ft.
3.0 m
=
9.84
ft.
900
m2
=
9687.84
sq. ft.
4.0 m
=
13.12
ft.
1400
m2
=
15069.97
sq. ft.
5.0 m
=
16.40 ft.
1450
m2
=
15608.18
sq. ft.
5.5 m
=
18.04 ft.
1500
m2
=
16146.39
sq. ft.
6.0 m
=
19.69
ft.
1532
m2
=
16490.85
sq. ft
7.5 m
=
24.61
ft.
2000
m2
=
21528.53
sq. ft.
9.0 m
=
29.53
ft.
2024
m2
=
21786.87
sq. ft.
10.0
m
=
32.81
ft.
2025
m2
=
21797.63
sq. ft.
10.5
m
=
34.45
ft.
2300 m2
=
24757.80
sq. ft.
12.0 m
=
39.37
ft.
2750
m2
=
29601.72
sq. ft.
15.0 m
=
49.21
ft.
2800 m2
=
30139.94
sq. ft.
18.0
m
=
59.06
ft.
3035
m2
=
32669.54
sq. ft.
20.0 m
=
65.62
ft.
3065
m2
=
32992.47
sq. ft.
22.0 m
=
72.18
ft.
3250
m2
=
34983.85
sq. ft.
23.0 m
=
75.46
ft.
4000
m2
=
43057.05
sq. ft.
30.0 m
=
98.43
ft.
4047
m2
=
43562.97
sq. ft.
35.0 m
=
114.83
ft.
38.0 m
=
124.67
ft.
1 ha
=
2.47
ac.
40.0 m
=
131.23
ft.
1.2
ha
=
2.97
ac.
45.0 m
=
147.64 ft.
1.5
ha
=
3.71
ac.
46.0 m
=
150.92
ft.
2.0
ha
=
4.94
ac.
50.0 m
=
164.04
ft.
10.0
ha
=
24.71
ac.
53.0 m
=
173.88
ft.
20.0
ha
=
49.42
ac.
60.0 m
=
196.85
ft.
24.0
ha
=
59.30
ac.
65.0 m
=
213.25
ft.
40.0 ha
=
98.84
ac.
75.0 m
=
246.06
ft.
80.0 ha
=
197.68
ac.
90.0 m
=
295.28 ft.
100.0 m
=
328.08
ft.
120.0 m
=
393.70
ft.
150.0 m
=
492.13
ft.
180.0 m
=
590.55
ft.
200.0 m
=
656.17
ft.
750.0 m
=
2460.63
ft.