Comprehensive Zoning By-law 2018-98, Office Consolidation
Huron-Kinloss, Ontario
· adopted 2018-08-13
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TOWNSHIP OF HURON - KINLOSS
ZONING BY-LAW
BY-LAW #2018-98
AUGUST 13, 2018
OFFICE CONSOLIDATION - May 2023
The amending by-laws have been combined with the original by-law for convenience only. This consolidation is not a legal
document. Certified copies of the original by-laws should be consulted for interpretations and applications of the by-laws on
this subject. The by-law numbers referenced in this consolidation refer to the by-laws that amended the principal by-law
number 2018-98
August 13, 2018
SECTION 1 - INTRODUCTION & TITLE ......................................................................... 1
1.1 Introductory Statement ............................................................................................ 1
1.1.1 Purpose of a Zoning By-Law .......................................................................... 1
1.2 Title ......................................................................................................................... 1
SECTION 2 - ADMINISTRATION & ZONES ................................................................... 2
2.1 Application............................................................................................................... 2
2.2 Effective Date .......................................................................................................... 2
2.3 Validity ..................................................................................................................... 2
2.4 Contravention & Penalties ...................................................................................... 2
2.5 Licenses and Permits .............................................................................................. 3
2.6 Compliance with Other Legislation and Other By-laws ............................................ 3
2.7 Certificate of Occupancy ......................................................................................... 3
2.8 Person Designated To Administer By-Law ............................................................. 3
2.9 Zones and Zoning Maps ......................................................................................... 3
2.10 Interpretation of Zone Boundaries ........................................................................ 4
2.11 Special Provisions ................................................................................................. 6
2.12 Holding Zones ....................................................................................................... 6
2.13 Floodfringe (f) regulated area ............................................................................... 6
2.14 Dynamic Beach (db) Allowance (30m) ................................................................ 7
2.15 Technical Revisions to the Zoning By-law ............................................................ 7
2.16 Transition: Minor Variances .................................................................................. 7
SECTION 3 - DEFINITIONS ............................................................................................. 8
SECTION 4 - GENERAL PROVISIONS ......................................................................... 30
4.1 Accessory Buildings .............................................................................................. 30
4.2 Bed and Breakfast Establishment ......................................................................... 30
4.3 Condominiums ...................................................................................................... 31
4.4 Consolidated Lot Development ............................................................................. 32
4.5 Construction Uses ................................................................................................. 32
4.6 Dwelling, Additional Residential Unit .................................................................... 33
4.7 Dwelling, Additional Residential Unit On Farm ................................................... 33
4.8 Encroachments ..................................................................................................... 34
4.9 Existing Lots ........................................................................................................ 34
4.10 Expropriations & Dedications .............................................................................. 34
4.11 Farm Home Industry ........................................................................................... 35
4.12 Frontage on a Street ........................................................................................... 36
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4.13 Height Restriction & Exemption ............................................................................ 36
4.14 Home Business - Domestic and Household Arts ................................................. 36
4.15 Home Business - Professional Uses .................................................................... 37
4.16 Kennels ................................................................................................................. 37
4.17 Minimum Distance Separation (MDS) I - New Non-Farm Uses ........................... 38
4.18 Minimum Distance Separation (MDS) II - New or Expanding Livestock Facilities
38
4.19 Non-Complying Uses ............................................................................................ 38
4.20 Non-Conforming Uses .......................................................................................... 38
4.21 Number of Dwellings Per Lot .............................................................................. 39
4.22 Outdoor Storage Regulations ............................................................................... 39
4.23 Permitted Uses in All Zones .................................................................................. 39
4.24 Planting Areas ....................................................................................................... 40
4.25 Setbacks - Provincial and County Roads and Railways ...................................... 40
4.26 Setbacks - Street Exemption ................................................................................ 41
4.27 Setbacks - Watercourse and Municipal Drain ...................................................... 41
4.28 Sight Visibility Triangle .......................................................................................... 41
4.29 Shipping Containers .............................................................................................. 43
4.30 Sourcewater Protection ......................................................................................... 43
4.31 Storage of Unused Motor Vehicles ....................................................................... 46
4.32 Two or More Uses on a Lot................................................................................... 47
4.33 Unimproved Streets .............................................................................................. 47
4.34 Wayside Pits and Quarries, Portable Asphalt Plant .............................................. 47
SECTION 5 - PARKING, STACKING & LOADING AREA REGULATIONS ................ 48
5.1 Parking Requirements .......................................................................................... 48
5.1.2
Parking for More Than One Use in a Building .......................................... 50
5.1.3
Calculation of Off-street Parking Spaces .................................................. 50
5.1.4
Location of Required Off-street Parking Spaces ...................................... 50
5.1.5
Parking Space Size and Parking Aisle Requirements .............................. 50
5.1.6
Additions to Existing Uses ...................................................................... 51
5.1.7
Parking of Commercial Motor Vehicles, Tractor Trailers and Buses in
Residential Zones ..................................................................................... 51
5.1.8
Parking of Recreational Vehicles in Residential Zones ............................ 51
5.1.9
Accessible Parking ................................................................................... 52
5.1.10 Driveways ................................................................................................... 52
5.1.11 Landscaping ............................................................................................. 53
5.2 Stacking Requirements ......................................................................................... 53
5.2.1
Stacking Space Size ................................................................................. 53
5.2.2
Stacking Lane Marking ............................................................................. 53
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5.3 Loading Space Requirements ............................................................................... 53
5.3.1
Loading Space Size .................................................................................. 54
5.3.2
Loading Space Access ............................................................................. 54
5.3.3
Loading Space Location ........................................................................... 54
5.3.4
Additions to Existing Use ........................................................................ 54
5.3.5
Landscaping ............................................................................................. 55
SECTION 6 - GENERAL AGRICULTURE (AG1) ZONE ............................................... 56
6.1 Permitted Uses ..................................................................................................... 56
6.2 Regulations ........................................................................................................... 56
6.3 Regulations for Residential Uses .......................................................................... 57
6.4 Area Limits for Non-Agricultural Uses ................................................................. 57
SECTION 7 - AGRICULTURAL COMMERCIAL/INDUSTRIAL (AG2) ZONE .............. 58
7.1 Permitted Uses ..................................................................................................... 58
7.2 Regulations ........................................................................................................... 58
SECTION 8 - AGRICULTURAL RESIDENTIAL (AG3) ZONE ...................................... 59
8.1 Permitted Uses ..................................................................................................... 59
8.2 Regulations ........................................................................................................... 59
8.3 Existing and Proposed Livestock Barns ................................................................ 60
SECTION 9 - AGRICULTURAL RURAL (AG4) ZONE .................................................. 61
9.1 Permitted Uses ..................................................................................................... 61
9.2 Regulations ........................................................................................................... 61
9.3 Regulations for Residential Uses ........................................................................ 62
SECTION 10 - ENVIRONMENTAL PROTECTION (EP) ZONE .................................... 63
10.1 Permitted Uses .................................................................................................... 63
10.2 Regulations ......................................................................................................... 63
SECTION 11 - OPEN SPACE (OS) ZONE .................................................................... 64
11.1 Permitted Uses .................................................................................................... 64
11.2 Regulations ......................................................................................................... 64
SECTION 12 - RESIDENTIAL ONE (R1) ZONE ............................................................ 65
12.1 Permitted Uses .................................................................................................... 65
12.2 Dwelling, Additional Residential Unit .................................................................. 65
12.3 Bed and Breakfast Establishments ..................................................................... 65
SECTION 13 - RESIDENTIAL TWO (R2) ZONE ........................................................... 67
13.1 Permitted Uses .................................................................................................... 67
13.2 Dwelling, Additional Residential Unit ................................................................... 67
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13.3 Regulations ......................................................................................................... 67
SECTION 14 - RESIDENTIAL THREE (R3) ZONE ....................................................... 70
14.1 Permitted Uses .................................................................................................... 70
14.2 Dwelling, Additional Residential Unit .................................................................. 70
14.3 Regulations ......................................................................................................... 70
SECTION 15 - LIFESTYLE COMMUNITY RESIDENTIAL (LCR) ZONE ...................... 72
15.1 Permitted Uses .................................................................................................... 72
15.2 Regulations ......................................................................................................... 72
15.3 Additional Provisions - Community Development .............................................. 73
SECTION 16 - GENERAL COMMERCIAL (GC) ZONE ................................................ 74
16.1 Permitted Uses .................................................................................................... 74
16.2 Regulations for Apartment Dwellings .................................................................. 74
16.3 Regulations ......................................................................................................... 75
SECTION 17 - HIGHWAY COMMERCIAL (HC) ZONE ................................................. 76
17.1 Permitted Uses .................................................................................................... 76
17.2 Regulations ......................................................................................................... 77
SECTION 18 - HAMLET MIXED USE (HMU) ZONE ..................................................... 78
18.1 Permitted Uses .................................................................................................... 78
18.2 Regulations for Apartment Dwellings .................................................................. 78
18.3 Regulations ......................................................................................................... 79
SECTION 19 - RESORT/RECREATIONAL COMMERCIAL (RRC) ZONE ................... 80
19.1 Permitted Uses .................................................................................................... 80
19.2 Regulations ......................................................................................................... 80
SECTION 20 - INSTITUTIONAL (I) ZONE ..................................................................... 82
20.1 Permitted Uses .................................................................................................... 82
20.2 Regulations ......................................................................................................... 82
SECTION 21 - LIGHT INDUSTRIAL (M1) ZONE ........................................................... 84
21.1 Permitted Uses .................................................................................................... 84
21.2 Regulations ......................................................................................................... 84
21.3 Restrictions on Gross Floor Area for Accessory Uses .......................................... 85
SECTION 22 - GENERAL INDUSTRIAL (M2) ZONE .................................................... 86
22.1 Permitted Uses .................................................................................................... 86
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22.2 Regulations ......................................................................................................... 86
22.3 Restrictions on Gross Floor Area for Accessory Uses .......................................... 87
SECTION 23 - EXTRACTIVE RESOURCE (ER) ZONE ................................................ 88
23.1 Permitted Uses .................................................................................................... 88
23.2 Regulations ......................................................................................................... 88
23.3 Prohibited Uses ................................................................................................... 88
SECTION 24 - FUTURE DEVELOPMENT (FD) ZONE ................................................. 89
24.1 Permitted Uses .................................................................................................... 89
24.2 Prohibited Uses ................................................................................................... 89
24.3 Regulations ......................................................................................................... 89
SECTION 25 - SPECIAL PROVISIONS ......................................................................... 90
SCHEDULE A:
ZONING GRID KEY MAP INDEX 1 - 56
SCHEDULE B:
SOURCEWATER PROTECTION
APPENDIX A:
ILLUSTRATION OF BY-LAW DEFINITIONS
(Note: Appendices are for informational purposes only, and do not form part of the
Zoning By-law)
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SECTION 1 - INTRODUCTION & TITLE
1.1 Introductory Statement
This document is the Township of Huron-Kinloss Comprehensive Zoning By-law (By-law
2018-98), as amended. The By-law replaces all previous Zoning By-laws in the
jurisdiction.
1.1.1 Purpose of a Zoning By-Law
A Comprehensive Zoning By-law is a precise document used by the Township of Huron-
Kinloss (the Township) to regulate the use of land. It states which land uses are currently
permitted in the Township and provides other detailed information.
The Township's Zoning By-law implements the objectives and policies of the County of
Bruce Official Plan and Township of Huron-Kinloss Official Plan. The Zoning By-law acts
as a legal tool under Ontario's Planning Act for managing the use of land and future
development in the Township. Zoning By-laws also protect property owners from the
development of conflicting land uses. Any use of land or the construction or use of any
building or structure not specifically authorized by this By-law is prohibited.
1.2
Title
This By-law shall be known as the "ZONING BY-LAW" of the Corporation of the Township
of Huron-Kinloss.
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SECTION 2 - ADMINISTRATION &
ZONES
2.1
Application
The provisions of this By-law shall apply to all lands within the limits of the zone
boundaries shown on the Zoning Schedules attached as Schedule "A" hereto. Within
said areas, no person shall erect, alter, enlarge or use any building or structure in whole
or in part, nor use any land in whole or in part, except in accordance with the provisions
of this By-law.
2.2
Effective Date
This By-law shall come into effect as of the date of the final passing thereof by the
Council of the Corporation of the Township of Huron-Kinloss subject to compliance with
the provisions of the Planning Act, R.S.O. 1990 and amendments thereto.
2.3
Validity
If any provision of this By-law including anything shown on the Zoning Schedules
attached as Schedule "A" hereto, is for any reason held to be invalid, it is hereby
declared to be the intention that all the remaining provisions of the said By-law shall
remain in full force and effect until repealed, notwithstanding that one or more provisions
shall have been declared to be invalid.
2.4
Contravention & Penalties
Every person who contravenes any of the provisions of this By-law is guilty of an offense
and 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 which the contravention has continued after the day on which the
person was first convicted.
Where a corporation is convicted, the maximum penalty that may be imposed is:
a) On a first conviction a fine of not more than $50,000.00; and
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b) 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 date on which
the corporation was first convicted.
Penalties imposed by conviction under this Section shall be recoverable under the
Provincial Offenses Act.
2.5
Licenses and Permits
No person is entitled to a permit, certificate or license for a proposed use of land or a
proposed alteration, erection, enlargement or use of any building that is in violation of
any provisions of this By-law.
2.6
Compliance with Other Legislation and Other By-laws
Nothing in this By-law shall serve to relieve any person from the obligation to comply
with the requirements of the Ontario Building Code Act, or any other legislation; the
Building By-law; and any other by-law of the Corporation in force from time to time or
from the obligation to obtain any license, permit, authority or approval required by the
Corporation or any other public agency or government body.
2.7
Certificate of Occupancy
No change may be made in the type of use of any land covered by this By-law or
change in the type of use of any building located on any such land without a Certificate
of Occupancy being issued by the Township's Chief Building Official to the effect that
the proposed use is not contrary to this By-law. Notwithstanding the above, no
Certificate of Occupancy shall be required for a farm residence, single detached dwelling,
duplex dwelling, or a semi-detached dwelling or uses accessory thereto.
2.8
Person Designated To Administer By-Law
This By-law is passed pursuant to Section 34 of the Planning Act, R.S.O, 1990, as
amended and shall be administered and enforced by such person or persons as shall be
appointed from time to time as the Zoning Administrator, which may include the Chief
Building Official.
2.9
Zones and Zoning Maps
For the purpose of this By-law, the maps attached hereto as Schedule "A" shall be
referred to as the Zoning Maps for the Township and are hereby declared to form part of
this By-law. The following Zones are hereby established as illustrated on the maps
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attached hereto as Schedule "A", such Zones may be referred to by the appropriate
symbol:
ZONES
SYMBOLS
General Agriculture
AG1
Agricultural Industrial/Commercial
AG2
Agricultural Residential
AG3
Agricultural Rural
AG4
Environmental Protection
EP
Open Space
OS
Residential One
R1
Residential Two
R2
Residential Three
R3
Lifestyle Community Residential
LCR
General Commercial
GC
Highway Commercial
HC
Hamlet Mixed-Use
HMU
Resort/Recreational Commercial
RRC
Institutional
I
Light Industrial
M1
General Industrial
M2
Extractive Resource
ER
Future Development
FD
2.10 Interpretation of Zone Boundaries
Where any uncertainty exists as to the location of the boundary of any zone as shown
on the Zoning Schedules, the following provisions shall apply:
1. Where any Zone boundary is indicated as following a highway, street,
lane, railway right-of-way, or watercourse, the boundary shall be deemed
to be the centerline of the highway, street, lane, railway right-of-way or
watercourse.
2. Where any zone boundary is indicated as approximately following lot lines
as existing as of the date of the passing of this By-law, the zone boundary
shall be deemed to follow such lot lines.
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3. Where any zone boundary is indicated as approximately parallel to an
adjacent street and the distance from the street is not indicated, the zone
boundary shall be deemed to being parallel to the street line, and the
distance from the street shall be determined by the scale shown on the
Zoning Schedules.
4. Where any zone boundary is indicated as approximately following a
shoreline, the boundary shall be deemed to be the shoreline and, in the
event that the shoreline changes, the zone boundary shall be deemed to
have moved with the new shoreline limit.
5. Where any zone boundary is left uncertain after application of the
provisions of subsections 1-4 above, then the boundary shall be
determined by the use of the scale shown on the Zoning Schedules.
6. The Environmental Protection Zone identified on Schedule "A" to this By-
law is intended to identify general boundaries of existing or potential natural
hazards. The Environmental Protection Zone boundaries can be
interpreted more precisely by the appropriate Conservation Authority and
the Chief Building Official at the time of application for a change of land
use, subdivision of land and application for a building permit without an
amendment to this by-law.
7. Where it is determined by the applicable Conservation Authority and Bruce
County that an Environmental Protection Zone consists solely of a
woodland, development may be permitted subject to a site-specific Zoning
By-law Amendment and completion of an Environmental Impact Statement
demonstrating that development is appropriate.
8. Wherever it occurs, the municipal limit of the Corporation is deemed to be
the boundary of the zone extending to it.
In the event that a street, lane, private road, or road allowance, shown on the zone
maps, is closed the lands formerly in said street, lane, private road or road allowance
shall be included within the zone of the adjoining property on either side of said closed
street, lane, private road, or road allowance unless:
a) The said street, lane, private road, or road allowance was a zone boundary
between two or more different zones, in which case the new zone boundary shall
be the former centreline of the closed street, lane, private road, or road
allowance; or
b) The land formerly included in such street, lane, private road, or road allowance is
purchased in its entirety by an abutting landowner, in which case the land shall be
included in the same zone as that of the abutting landowner purchasing said land.
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2.11 Special Provisions
Within any zone, special provisions may apply to specific parcels of land in the manner
and to the extent as set out in the Special Provisions section of the By-law. Reference to
such special provisions shall be shown on the Zoning Schedules by the use of the
symbol of the corresponding zone followed by a dash and number. Such number shall
correspond to the subsection number found in the special provisions of the corresponding
zone. Unless otherwise provided, all other provisions of that zone and this By-law shall
apply to the land.
2.12 Holding Zones
Where the Zone symbol applying to certain lands as shown on Schedule "A" is followed
by the letter "H" in parentheses (i.e. R1 (H)) the lands have been placed in a "Holding
Zone" pursuant to Section 36 of the Planning Act, as amended. The Holding Symbol "H"
shall be removed at such time in the future when plans to develop the lands have been
submitted and approved by the Corporation or such other conditions as deemed
appropriate by the Corporation have been met in accordance with Section 6.6 of the
Bruce County Official Plan and Section 5.5 of the Huron-Kinloss Official Plan. When the
Holding Symbol has been removed, the lands shall be developed according to the
requirements of the Zone used in conjunction with the Holding Symbol.
Notwithstanding the above, non-structural uses, existing uses, and accessory uses
thereof, shall be permitted as interim uses on lands in a "Holding Zone", until the
Holding Symbol "H" is removed and any applicable conditions met.
H1 Notwithstanding their underlying zoning designation, on those lands identified as
being subject to the "H1" Holding zone, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H1) zone provision is
removed. The area of the H1 zone that may be lifted shall be limited to the area
included in the assessment and may only be removed by Council upon:
1)
Approval by the Zoning Administrator of an Archaeological Assessment
which has been:
a. Conducted by an archaeologist licensed in the Province of Ontario;
and
b. Confirmed by the appropriate Ministry to have been accepted into the
Ontario Public Register of Archaeological Reports and,
2)
Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological report (if any) have been
implemented.
2.13 Floodfringe (f) Regulated Area
Where the suffix (f) follows the land use zone symbol, this is notice that the property is
within the floodfringe and any development or site alteration will require the issuance of
a development permit from the Maitland Valley Conservation Authority.
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2.14 Dynamic Beach (db) Allowance (30m)
Where the suffix (db) follows the land use zone symbol, this is notice that the property is
subject to a minimum setback from the '100 year floodline' of 30 metres. This regulated
area of the Saugeen Valley Conservation Authority extends 45 metres from the '100
year floodline' and was established through the Huron-Kinloss Dynamic Beach Study -
Phase II (April 2008) & Phase III (August 2010) prepared for the Township of Huron-
Kinloss by W.F. Baird & Associates Coastal Engineers Ltd.
In accordance with the recommendations of the Baird & Associates studies, the
elevation of the minimum building opening to habitable space should not be lower than
the following:
a) 181.5 m GSC (Geodetic Survey of Canada) for opening located less than or
equal to 30 m from the 100-year flood level;
b) 179.5 m GSC for openings located 45 m from the 100-year flood level; or
c) Linearly interpolated between 181.5 m GSC and 179.5 m GSC for openings
located between 30 m and 45 m respectively from the 100-year flood level.
Site alteration to accommodate residential development will only be permitted with the
approval of the Township and Conservation Authority, and will be subject to setback and
minimum elevation requirements.
2.15 Technical Revisions to the Zoning By-law
Technical revisions may be made to this By-law from time to time without further public
notice or Council approval. Technical revisions include:
a) Correction of numbering, cross-referencing, grammar, punctuation or
typographical errors or revisions to format in a manner that does not change
the intent of a regulation; or
b) Adding or revising technical information on maps or schedules that does not
affect the zoning of lands.
2.16 Transition: Minor Variances
All applications approved by the Township of Huron-Kinloss Committee of Adjustment
under Section 45 of the Planning Act prior to the date this by-law was passed remain
effective for a further 24-month period provided all the conditions of the approval are
met.
Any minor variance applications approved under the previous Zoning By-law remain in
effect where conditions of the approval remain met.
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SECTION 3 - DEFINITIONS
In this By-law, unless to the contrary intention appears, words importing the singular
number or the masculine gender only, shall include more persons, parties or things of
the same kind than one, and females as well as males, and the converse.
In this By-law, the word "shall" is to be construed as being always mandatory and not
directory.
A
"Abattoir", shall mean a building or structure specifically designed to accommodate the
penning and slaughtering of livestock and the preliminary processing of animal
carcasses and may include the packing, treating, storing and sale of the product on the
premises.
"Accessory", shall mean a use, building or structure located on the same lot, detached
from the main building, which is subordinate and incidental to the main use and is not
used for human habitation unless specifically permitted in this By-law. Such uses shall
include, but are not limited to, a private garage, a greenhouse, a pool, a satellite dish, or
a storage building.
"Aggregate Processing Facility", means a facility used to process, crush, screen,
wash, store/stockpile, and/or sort aggregate resources, and includes an asphalt
batching plant, a concrete batching plant, a cement manufacturing plant, a brick and tile
manufacturing plant, an aggregate transfer station, and stockpiling/blending of recycled
aggregate resources.
"Agriculture", shall mean the use of land, buildings, and structures for the growing of
crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of
other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-
forestry; maple syrup production; and associated on-farm buildings and structures,
including, but not limited to livestock facilities, manure storages, and value-retaining
facilities. Agriculture does not include a kennel.
"Agricultural Service Establishment", shall mean the buying or selling of commodities
and services that support agricultural uses and shall include the sales and service of
welding and machinery repair, farm drainage and excavation, well drilling, custom
spraying, tillage, planting, harvesting and grading services.
"Agricultural-Related Business", shall mean the supply of goods, materials or services
that support agricultural uses including, but not limited to, the sale, storage, mixing,
distribution or cleaning of seed, feed, fertilizer and chemical products, grain drying,
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custom spraying, large-animal veterinary clinic, and the rental, sales, repair or service of
agricultural equipment or implements.
"Agriculturally Related Retail Store", shall mean the sale of farm raised or grown food
products from the local area to a consumer, as well as the sale of accessory items.
"Arena", shall mean a place where facilities are provided for athletics, artistic, circus,
performance, entertainment, and recreational activities or events.
"Asphalt Batching Plant", shall mean a facility with equipment designed to heat and dry
aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving
material and includes stockpiling and storage of bulk materials used in the process.
"Assembly Hall", shall mean a building used for the assembly of persons for religious,
social, charitable, political, philanthropic, cultural, private recreational or private
educational purposes.
"Associated Community Facilities" shall mean those facilities normally associated
with lifestyle communities, which may include (but not be limited to) a community centre.
"Automobile Body/Repair Shop" shall mean a building or other structure where motor
vehicle(s) may be subject to major repairs, parts or systems replacement, body work or
painting. An automobile body/repair shop does not include an automobile sales
establishment, an automobile service/gas station, an automobile washing establishment,
or a salvage yard.
"Automobile Sales Establishment", shall mean a building and/or lot used for the
display and sale/lease of new and used motor vehicles, motorized recreational vehicles,
travel trailers, motorcycles, light construction and lawn care equipment, and may include
the servicing, repair, cleaning, polishing, and lubrication of motor vehicles, the sale of
automotive accessories and related products, and the leasing or renting of passenger
motor vehicles.
"Automobile Service/Gas Station" shall mean a building or place where service,
maintenance or mechanical repair essential to the operation of a motor vehicle is provided
and/or gasoline pumps for the sale of gasoline are provided. These primary uses may
include the sale of motor vehicle products or convenience products, together with the
necessary pump islands, light standards, kiosk, concrete aprons, canopy, storage tanks,
automobile washing establishment, and related facilities required for the dispensing of
gasoline. An automobile service/gas station does not include an automobile body/repair
shop.
"Automobile Washing Establishment" shall mean a building or place for the washing,
cleaning or drying of motor vehicles by automatic, manual or self-serve washing
equipment.
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"Automotive Wrecking Establishment", shall mean a place in which is kept, placed,
left or found permanently or temporarily two or more unlicensed motor vehicles which
are in a wrecked, partially wrecked, dismantled, disassembled or partially disassembled
condition or which are otherwise inoperative.
B
"Banquet Hall", shall mean a building or part thereof, used for gathering together
groups of persons for specific functions including the consumption of food and drink. Full
kitchen facilities shall be provided on the premises.
"Basement", shall mean that portion of a building which is partly below grade level and
which has at least one-half of its height from floor to ceiling above grade.
"Bed and Breakfast Establishment", shall mean a building or part of a building within a
single detached dwelling that is converted to provide living accommodations for transient
persons, but shall not include a hotel, lodging house, group home, hospital or any
residential care facility licensed, approved or supervised under any general or specific
Act.
"Building", shall mean any structure consisting of walls and a roof which is used or
intended to be used for the shelter, accommodation or enclosure of persons, animals,
goods or materials and includes any structure defined as a building in the Ontario
Building Code Act, but shall not include a wall, fence or sign.
"Building By-Law", shall mean a by-law passed pursuant to the Ontario Building Code
Act as amended.
"Building Floor Area" shall mean the aggregate horizontal floor area measured from
the exterior walls of all floors of a building excluding any floor area located totally below
the grade of the building's ground floor level.
"Building Height", shall mean the vertical distance between the average grade at the
front of the building, and;
a) in the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is greater;
b) in the case of a mansard roof, the deck roof line;
c) in the case of a gabled, hip, gambrel or one-slope roof, the average level between
eaves and ridge, except that a one-slope roof having a slope of less than 20
degrees from the horizontal shall be considered a flat roof for the purposes of
this By-law.
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August 13, 2018
In calculating the building height, any ornamental dome, chimney, tower, cupola, steeple,
spire, water storage tank, antenna, electrical or mechanical equipment or other similar
feature or apparatus, is not to be included.
"Business or Professional Office," shall mean a place in which business is conducted
or a profession is practiced, including associated clerical, administrative, consulting,
advisory and/or training services, but does not include medical offices or veterinary
services.
C
"Cabin and Cottage", shall mean dwellings designed and built for seasonal or periodic
recreational uses rather than for permanent year round residential use.
"Campground", shall mean a lot used for the parking and use of motor homes, travel
trailers, tent-trailers, tents or similar transportable accommodation together with all yards
and open space defined in this By-law and may include a swimming pool, convenience
store, laundromat, miniature golf course, playground, athletic fields, tennis or badminton
courts and administrative building for the campground. The use of the mobile home(s),
park model trailer(s), or other transportable accommodation of a permanent year-round
basis shall not be permitted. Off-season storage of travel trailers, tent trailers, motor
homes or similar transportable accommodations shall be permitted.
"Cannabis Production and Processing Facility", shall mean lands, buildings or
structures used for producing, processing, testing, destroying, packaging and/or
shipping of cannabis authorized by an issued license or registration by the Federal
Minister of Health, pursuant to the Access to Cannabis for Medical Purposes
Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c
19, as amended from time to time, or any successors thereto.
"Carport", shall mean a covered structure attached to the wall of the main building and
used for the storage of a motor vehicle. The roof of said structure shall be supported
only by piers or columns so that 50 percent of its wall area adjacent to the lot line is
unenclosed.
"Catering Establishment", shall mean a building or part of a building used for the
preparation of food or beverages for consumption off the property and are not served to
customers on the property or for take-out.
"Cellar", shall mean that portion of a building which is partially or completely
underground and which has more than one-half of its height from floor to finished ceiling
below finished grade.
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August 13, 2018
"Cemetery", shall mean a cemetery or crematorium within the meaning of the
Cemeteries Act, as amended, and shall include a mausoleum and caretaker building as
well as storage of related equipment.
"Centreline", shall mean the centerline of a right-of-way, lane, street or highway.
"Chief Building Official", shall mean the officer or employee of the Corporation having
the statutory duty of enforcing the provisions of the Building By-law of the Corporation
and the Ontario Building Code Act.
"Child Care" means the temporary care for, or supervision of, a child including providing
for a child's safety, well-being or development, in the absence of the child's parent and
for a continuous period that does not exceed 24 hours, in accordance with the Child
Care and Early Years Act, 2014 including any amendments, or its successor.
"Child Care Centre" means a business that has obtained the proper licensing from the
province to operate a licensed child care centre for the provision of temporary care for or
supervision of a child including providing for a child's safety, well-being or development,
in the absence of the child's parent and for a continuous period that does not exceed 24
hours, in accordance with the Child Care and Early Years Act, 2014 including any
amendments, or its successor.
"Child Care, Home" means 'Child Care' provided in a single detached dwelling, semi-
detached dwelling or duplex dwelling by one or more child care provider(s) that is
regulated by a home child care agency.
"Child Care, Unlicensed" means 'Child Care' provided in a single detached dwelling,
semi-detached dwelling or duplex dwelling that is not 'Home Child Care' or a 'Child Care
Centre', or a private school within the meaning of the Education Act
"Chip Wagon", shall mean a trailer or vehicle that is designed to be made mobile from
which food is prepared and offered for sale to the public for consumption outside. Where
included as a permitted use in a zone, a chip wagon shall only be permitted as an
accessory use.
"Commercial Business", shall mean the activity of providing goods and services for
purchase to the public.
"Commercial School", shall mean a building where instruction is given for hire or gain
and includes a music, dance or yoga studio, an art, business or trade educational
establishment, and any other such specialized educational business.
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August 13, 2018
"Commercial Recreation", shall mean the use of an establishment for a fee, for the
provision of athletic and amusement facilities involving the active participation of the
user-public in a sports-related activity.
"Commercial Vehicle", shall mean any motor vehicle having permanently attached
thereto a truck or delivery body and includes tractor trailers or semi-trailers and any
component thereof, livestock trailers, ambulances, hearses, tow trucks, dump trucks,
motor buses and farm tractors, but excludes trailers, recreational trailer, travel trailers,
and industrial equipment as otherwise defined and regulated.
"Community Centre", shall mean land on which may be erected a building to be used
for community activities, including recreational and institutional uses.
"Concrete Batching Plant", shall mean a building or structure with equipment
designed to mix cementing materials, aggregate, water and admixtures to produce
concrete, and includes stockpiling and storage of bulk materials used in the process.
"Conservation", shall mean the use of land or water for the purpose of planned
management of natural resources or animal life.
"Contractor or Tradesperson Establishment", shall mean a building or part of a
building from which a service, trade or guild operates or is based from in which manual
or mechanical skills are used to install, manufacture, maintain, or repair articles, goods,
materials, equipment or real property. The establishment shall include the buildings,
structures and area wherein vehicles, equipment and supplies are parked, stored and
maintained for use in the trades, and accessory office activities. The establishment does
not include the retail or wholesale sale of construction or home improvement materials
or supplies.
"Convenience Store" shall mean a retail outlet serving the day-to-day, non-comparison
shopping needs of a consumer including, for example, a variety store, bake shop, drug
store or small food/grocery store, and shall also include a florist, photo depot and video
film outlet, but except for a video film outlet, shall not include any retail outlet having its
main product line involving hardwares, housewares, apparel, footwear or fashion
accessories.
"Corporation", means the Corporation of the Township of Huron-Kinloss.
"Council", means the Council of the Corporation of the Township of Huron-Kinloss.
"County", means the Corporation of the County of Bruce.
"County Road", shall mean a street under the jurisdiction of the Corporation of the
County of Bruce.
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August 13, 2018
D
"Drinking Water Threat", shall mean an activity or condition that adversely affects or
has the potential to adversely affect the quality or quantity of any water that is or may be
used as a source of drinking water, and includes an activity or condition that is prescribed
by the regulations as a drinking water threat.
"Drive-Thru Establishment" shall mean a place, with or without an intercom order
station, where a product or service is available at a service window for delivery to a
vehicle as a component of the main use, and shall include an automated bank machine
and automatic carwash.
"Dry Cleaning Establishment", shall mean a place used for the purpose of receiving or
distributing articles of clothing to be subjected elsewhere, or having been subjected
elsewhere or on site to the process of dry cleaning, dry dyeing, cleaning or pressing.
"Dwelling, Additional Residential Unit" means a residential dwelling unit either wholly
contained within a 'Dwelling, Single Detached', a 'Dwelling, Semi-detached' or a
'Dwelling, Street Facing Townhouse, or wholly contained within an accessory building
on a lot containing a 'Dwelling, Single Detached', a 'Dwelling, Semi-detached' or a
'Dwelling, Street Facing Townhouse'.
"Dwelling, Additional Residential Unit on Farm", means one additional dwelling unit
located on a farm on which a "Dwelling, Single Detached Farm Residence' is already
established. A 'Dwelling, Additional Residential Unit On Farm' may be located within a
'Dwelling, Single Detached Farm Residence, a non-agricultural accessory building, or
may be in the form of a second 'Dwelling, Single Detached Farm Residence' on the lot.
"Dwelling, Apartment", shall mean the whole of a building or structure that contains
four or more dwelling units, which have separate entrances or a common entrance from
the street level serviced by a common corridor. An 'apartment dwelling' does not include
any other dwelling otherwise defined herein.
"Dwelling, Cluster Townhouse", shall mean a townhouse situated on a lot such that at
least one dwelling unit does not have access to and legal frontage on a public road.
"Dwelling, Converted", shall mean a dwelling unit, constructed for permanent use,
which has as well been converted so as to provide one additional dwelling unit provided
the main dwelling unit was erected prior to the passing of the By-law and further
changes or alterations to the dwelling do not increase its area, height, or volume or
extend beyond the exterior limit of the existing building.
"Dwelling, Converted Commercial", shall mean a commercial building constructed for
permanent use which has been converted so as to provide therein up to three dwelling
units provided the main building was erected prior to the passing of this By-law and
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August 13, 2018
further that any changes or alterations to convert the building do not increase its area,
height or volume or extend beyond the exterior limit of the existing building, with the
exception that a stairwell, entrance, vestibule or porch may be established provided that
the addition does not increase the total ground floor area by more than 5% and does not
change the commercial character of the building.
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August 13, 2018
"Dwelling, Duplex", shall mean the whole of a building that is divided horizontally into
two separate dwelling units, but not including a semi-detached dwelling or townhouse
dwelling. Each dwelling unit has an independent entrance either directly from the outside
or through a common vestibule. A dwelling that includes an accessory second unit is not
a duplex dwelling.
"Dwelling, Additional Residential Unit On Farm" means one additional dwelling unit
located on a farm on which a 'Dwelling, Single Detached Farm Residence' is already
established. A 'Dwelling, Additional Residential Unit On Farm' may be located within a
'Dwelling, Single Detached Farm Residence, a non-agricultural accessory building, or
may be in the form of a second 'Dwelling, Single Detached Farm Residence' on the lot.
"Dwelling, Semi-Detached" shall mean one of a pair of two attached dwelling units,
divided vertically by a fire-separation wall, each of which has an independent entrance
either directly from the outside or through a common vestibule.
"Dwelling, Single Detached", shall mean a building containing one dwelling unit. This
does not include mobile homes, camping trailers or house trailers.
"Dwelling, Street Fronting Townhouse", shall mean a townhouse dwelling designed to
be on a separate lot having access to and legal frontage on a public street.
"Dwelling, Townhouse", shall mean a residential building divided vertically to provide
three or more dwelling units, each unit having independent entrances to a front and rear
yard immediately abutting the front and rear walls of each dwelling unit.
"Dwelling, Triplex", shall mean the whole of a building that is divided horizontally into
three separate dwelling units each of which has an independent entrance either directly
from the outside or a common vestibule.
"Dwelling Unit", shall mean a room or group of rooms designed, occupied or intended
to be occupied as an independent and separate housekeeping unit, for one or more
persons, providing kitchen and sanitary facilities and sleeping accommodations for the
exclusive use of the occupants, and having a private entrance from outside the building
or from a common hallway or stairway inside the building.
E
"Emergency Services Facility", shall mean a place, building or structure used by
provincial or municipal emergency services, including fire and police protection, and
ambulance services.
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August 13, 2018
"Erect or Construct", means to build, reconstruct, place, or relocate and, without limiting
the generality of the word, also includes:
a) any preliminary operation such as excavating, filling or draining;
b) alteration to any existing building or structure by an addition enlargement,
extension or other structural change; and
c) any work which requires a building permit.
Constructed and construction shall have corresponding meanings.
"Existing", shall mean legally existing on the day of the passing of this By-law.
F
"Farm", shall mean a parcel of land on which the predominant activity is agriculture.
"Farm Business", shall mean those businesses that are limited in area and located on a
farm, and depend directly on the farm in order for the business to operate. Examples
include: farm-related tourism business, farm product sales outlet, cottage wineries, value-
added processing or packaging, and pick-your-own operations.
"Farm Home Industry", shall mean an occupation which is carried out on a farm as an
accessory use, in accordance with the provisions of this By-law.
"Farm Product Sales Outlet", shall mean a use accessory to an active agricultural
operation on the property, that includes a building or structure with commercial retail
space for the sale of value-added products produced by the farm. The sale of products
not produced on the farm or by the farm corporation is prohibited.
"Farm-Related Tourism Business" shall mean those agriculturally-related tourism uses
that promote enjoyment, education, or activities related to the agricultural operation. The
main activity on the property must be an agricultural use. As such, uses must:
a. Be dependent on the existence of the agricultural operation,
b. Use products that are produced on the property or related to agriculture,
c. Enhance the agricultural nature of the property, and
d. Not present any limitation to future agricultural activities.
Such activities may include hay or corn maze, petting zoo, hay/sleigh rides, pumpkin
chucking, farm tours, and processing demonstrations.
"Financial Institution", shall mean the premises of a bank, credit union, trust company,
loan or mortgage company, investment firm, or financial consultants.
"Floor Area, Gross", shall mean the aggregate horizontal area measured from the
exterior faces of the exterior walls of all floors of a building (excluding any floor area
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August 13, 2018
having a ceiling height of 2 metres or less or devoted exclusively to parking) within all
buildings on a lot.
"Floor Area, Ground", shall mean the area of a building measured from the outside of
its exterior walls at grade.
"Food or Grocery Store", shall mean a place where a wide range of food and household
goods are stored and offered for retail sale.
"Forestry", shall mean the raising and harvesting of wood for purposes such as fuel,
wood, pulp wood, lumber, Christmas trees and other forest products.
"Four Season Recreational Resort", shall mean the use of land year-round for the
parking and use of recreational travel trailers, park model trailers or other similar
transportable accommodations, but not including a mobile home. All sites will be used
for season or intermittent accommodations and will not be used as a principle residence
or permanent place of residence.
"Fuel Storage Establishment", shall mean an establishment where petroleum gasoline,
fuel oil, gas, propane, or other fuels are stored in tanks for wholesale distribution or
bulk sales but does not include facilities for the sale of fuels for private motor vehicles
or an automobile service/gas station.
"Funeral Home", shall mean a building or part of a building established or maintained
for the purpose of providing funeral services or funeral supplies limited to the disposition
of human remains for internment or cremation.
G
"Garage", shall mean an accessory building or that part of a main building used for the
storage of a motor vehicle(s) of the owner, tenant or occupant of the lot upon which such
garage is located and includes a carport.
"Garden Suite", shall mean a one-unit detached residential structure containing
sleeping, bathroom and kitchen facilities that is ancillary to an existing residential dwelling
and that is designed to be portable.
"Golf Course", shall mean a public or private area operated for the purpose of playing
golf but shall not include a miniature course facility or a commercial driving range which
is not ancillary to a regulation golf course.
"Government Administration Building", shall mean a place providing government
services.
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August 13, 2018
"Grade", shall mean the average level of the finished ground adjoining a building or
structure at all exterior walls.
"Group Home", shall mean a staff-supported residence operated by a service agency
and licensed or funded under a federal or provincial statute, in which three to ten
persons reside under supervision and receive services and supports from the agency as
a single housekeeping unit.
H
"Health Professional", shall mean an individual who practices any of the health
disciplines regulated under a Provincial Act, such as, but not limited to, physicians,
dentists, optometrists, pharmacists, physiotherapists, chiropractors and psychologists.
"Home Business", shall mean a vocational use conducted as a secondary use to a
dwelling unit.
"Hospital", shall mean a hospital as defined in the Private Hospitals Act, as amended,
or the Public Hospitals Act, as amended.
"Hotel or Motel", shall mean a building or a group of connected buildings used primarily
for the purpose of catering to the needs of the public by furnishing sleeping
accommodation and which may supply food but does not include an apartment, a guest
house or a dwelling house. Accessory uses may include a restaurant, a lounge, a
convenience store, a gift store, a recreation facility and permanent staff quarters but
does not include any other establishment otherwise defined or classified in this By-law.
"Household", shall mean one or more persons living together as a single non-profit
housekeeping unit, sharing all areas of the dwelling unit and may, in addition, be
designed to accommodate lodging units containing less than four residents.
ʺHuman Habitation" shall mean the occupation of a building by a person or persons for
overnight accommodation, regardless of whether sanitary cooking facilities are present (By-Law
2019-123)
I
"Industrial Use", shall mean the use of any land, building or structure for the purpose of
manufacturing, assembling, making, packaging, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, storing or adapting for sale any goods,
substance, article or thing, or any part thereof, and the storage of building or
construction equipment and materials, as distinguished from the buying and selling of
commodities and the supplying of on-site personal services.
"Industrial Use, Light", shall mean the use of land, buildings or structures for the
purpose of an industrial use which is wholly enclosed within a building or structure,
except for parking and loading facilities and outside storage accessory to the permitted
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August 13, 2018
uses, and which in its operation does not result in emission from the building of odours,
smoke, dust, gas, fumes, cinder, vibrations, heat, glare or electrical interference.
"Institutional Use", means religious, charitable, educational, health or welfare uses.
Examples include, but are not limited to: place of worship, medical clinic, social service
establishment, long term care facility, residential care facility, retirement home, nursing
home, school, or child care centre.
K
"Kennel", shall mean a place where dogs are housed, groomed, boarded, bred, trained,
sold or kept for hunting or other specific work and which is licensed by the Township
under the provisions of the Municipal Act, 2001 in accordance with the Township's
Kennel By-law.
L
"Lakeshore Settlement Area" shall mean those areas consisting of a predominantly
residential and seasonal residential uses along the Lake Huron Shoreline, some of
which are fully services and some of which are partially services. The Lakeshore
Settlement Area is identified as such on Schedule 'A' to this By-law and designated
Lakeshore Residential in the Huron-Kinloss Official Plan.
"Land Lease Community", shall mean a parcel of land containing two or more 'Land
Lease Community Lots' and which is under single management or ownership. A
'cooperative community' or 'condominium corporation' shall also be defined as a 'Land
Lease Community'.
'Land Lease Community Homes', shall mean a separate building or structure
containing one dwelling unit occupied by one or more persons and constructed for
permanent use where the owner of the dwelling unit leases the land used or intended for
use as the site for the dwelling. A 'Land Lease Community Home' shall not include a
park model trailer, mobile home, camping trailers or a trailer house.
'Land Lease Community Lot' shall mean a parcel of land within a 'Land Lease
Community' intended for occupancy by a 'Land Lease Community Home' but is not
capable of having an interest in land conveyance pursuant to the Planning Act.
"Lane", shall mean a public or private access other than a street having not more than 9
metres in width which affords a means of access to abutting lots.
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August 13, 2018
"Laundromat", shall mean a building or structure where the service of coin or card
operated laundry machines, using only water, detergents and additives are made
available to the public for the purpose of laundry cleaning.
"Library", shall mean a library, branch library, or library distributing station that is
approved under the Provincial legislation.
"Liquor Retail Outlet", shall mean a retail establishment for the sale of liquor, and
includes a liquor store, beer store and wine store, as well as a place in which materials
and equipment are provided for the production and bottling of liquor by the public.
"Livestock Facility", shall mean one or more barns or permanent structures intended
for keeping or housing of livestock with livestock occupied portions, which are areas of
the structure where the livestock spend a majority of their time thus allowing substantial
amounts of manure to accumulate. A livestock facility also includes all manure or material
storages and anaerobic digesters. For the purposes of this definition livestock includes
animals identified in the Ontario Ministry of Agriculture, Food and Rural Affairs Minimum
Distance Separation Implementation Guidelines, as amended from time to time.
"Loading Space", shall mean an off-street space on the same lot with a building or on a
lot contiguous to a building or group of buildings for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials pertinent to
such permitted use.
"Lodging House", shall mean a dwelling containing one or more lodging units designed
to accommodate four or more residents. The residents may share common areas of the
dwelling other than the lodging units, and do not appear to function as a household. This
shall not include a group home, nursing home, hospital or any residential care facility
licensed, approved or supervised under any general or specific Act or a hotel. This shall
include, but not be limited to, student residences and convents.
"Lodging Unit", shall mean a room or set of rooms located in a lodging house designed
or intended to be used for sleeping and living accommodation, which:
a) Is designed for the exclusive use of the resident or residents of the unit;
b) Is not normally accessible to persons other than the residents or residents of the
unit; and
c) May contain either a bathroom or kitchen but does not contain both for the
exclusive use of the resident or residents of the unit.
"Long Term Care Facility", shall mean a building where residents who require long
term personal support services, restorative care, and/or nursing care dwell with
supervision without individual cooking facilities, and on a long-term basis, and the facility
is licensed in accordance with the Long-Term Care Homes Act, as amended.
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August 13, 2018
"Lot", shall mean a parcel of land which can be legally conveyed pursuant to Section 50
of the Planning Act.
"Lot Area", mean the total horizontal area within the lot lines of a lot.
"Lot, Corner", means a lot situated at the intersection of two or more streets, provided
that the angle of intersection of such streets is not more than one hundred and thirty-five
degrees.
"Lot Coverage", means the percentage of the lot area covered by the ground floor area.
For the purposes of calculating lot coverage, parking areas, patios, decks, outdoor
swimming pools, steps or balconies shall not be considered.
"Lot Frontage", means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front lot line with
either the middle of the rear lot line or the apex of the triangle formed by the side lot
lines and at a point equal to the setback of the required minimum front yard depth from
the front lot line.
"Lot, Interior" means a lot abutted by lots on directly opposite sides.
"Lot Line", means any boundary of a lot.
"Lot Line, Exterior", means a side lot line which abuts a street.
"Lot Line, Interior", means a lot line which does not abut a street.
"Lot Line, Front", means in the case of an interior lot, the line dividing the lot from the
street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed
the front lot line and the longer lot line abutting a street shall be deemed an exterior side
lot line, except in the case of a corner lot containing a single detached dwelling, semi-
detached dwelling or duplex, in which case, either lot line abutting a street may be
deemed to be the front lot line. In the case of a through lot, one of the lot lines abutting a
street shall be deemed to be the front lot line and the other lot line abutting a street shall
be deemed to be the rear lot line.
"Lot Line, Rear", shall mean the lot line farthest from and opposite to the front lot line, or
in the case of a triangular lot shall be that point formed by the intersection of the side lot
lines.
"Lot Line, Side", means a lot line other than a front or rear lot line.
"Lot, Through", shall mean a lot bounded by streets on two opposite sides.
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August 13, 2018
M
"Main", when used to describe a use, a building or a structure, means a use, building or
a structure, which constitutes or within which a principal use of the lot is conducted.
"Major Recreational Equipment" shall mean either a portable structure designed and
built to be carried by a motor vehicle, or a unit designed and built to be transported on its
own wheels, for purposes of providing temporary living accommodation or recreational
enjoyment for travel and shall include, for example, motor homes, travel trailers, tent
trailers, boats, snowmobiles or other like or similar equipment, excluding bicycles.
"Marina", shall mean a building, or premises, containing docking facilities and located on
a navigable waterway, where boats and boat accessories are stored, serviced, repaired
or kept for sale and where facilities for the sale of marine fuels and lubricants shall also
be permitted.
"Medical Clinic", shall mean a building or part thereof, used exclusively by physicians,
dentists, drugless practitioners, their staff and patients for the purpose of consultation,
diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic
may include administrative offices, waiting and treatment rooms, laboratories and
dispensaries directly associated with the clinic, but shall not include accommodations for
in-patient care or operating rooms nor include a veterinary clinic as defined herein.
"Mobile Home", shall mean any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or more persons,
but does not include major recreational equipment.
"Mobile Home Park", shall mean a parcel of land containing two or more mobile home
lots and which is under single management and ownership and which is designed and
intended for residential or seasonal use where such residential occupancy is in mobile
homes exclusively.
"Motor Vehicle", shall mean any equipment self-propelled by an engine or motor
mounted on the vehicle.
"Municipal Drain", means a watercourse or sewer which carries storm surface water
and drainage as defined by the Ontario Drainage Act.
"Museum", shall mean an institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the public for its
instruction and enjoyment, a collection of artifacts of historical interest.
N
"Non-Conforming", shall mean a use, building or structure existing as of the date of the
passing of this By-law which is used for a purpose not permitted in this By-law.
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August 13, 2018
"Non-Complying", shall mean a building or structure existing as of the date of the
passing of this By-law which does not comply with the regulations in this By-law.
"Nursing Home", shall mean any premises maintained and operated for persons
needing help in domestic care or nursing care in which the owner or operator supplies
lodgings with meals for the residents.
"Nutrient Unit", shall mean the amount of nutrients that give a fertilizer replacement
value of the lower of 43 kg of nitrogen or 55 kg of phosphate as nutrient (as defined in
O. Reg. 267/03 made under the Nutrient Management Act, 2002).
O
"Office", means a building or part of a building in which a business is conducted or a
profession is practiced including associated clerical, administrative, consulting, advisory
or training services, but does not include a medical clinic, or veterinary clinic.
"Outdoor Recreation", shall mean the use of premise for the conduct of outdoor sports,
including playfields; parks, gardens, picnic areas; and other passive leisure activities but
shall not include commercial recreation.
"Outdoor Storage", shall mean the use of land for the outside storage of equipment,
goods or materials. Outdoor storage of goods and materials used by an industry as an
integral part of its manufacturing operation shall in no way be construed to be a Salvage,
Recycling or Scrap Yard.
P
"Park", shall mean the use of premises or land for passive recreational activities, or
active recreational activities such as athletic fields, field houses, community centres,
swimming pools, wading pools, greenhouses, skating rinks, tennis or badminton courts,
bowling greens, curling rinks, fairgrounds, arenas or like or similar uses.
"Parking Aisle", means a portion of a parking area which abuts parking spaces to which
it provides access and which is not used for the parking of vehicles.
"Parking Area", means an area provided for the parking of motor vehicles and may
include aisles, parking spaces and related ingress and egress lanes but shall not include
any part of a public street and may include a private garage.
"Parking Lot", shall mean an area located on a lot which contains four or more parking
spaces.
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August 13, 2018
"Parking Space", means an area exclusive of any aisles or ingress or egress lanes, for
the temporary parking or storage of motor vehicles, and may include a private garage or
residential driveway.
"Parochial School", shall mean a private school supported by a religious organization.
"Permitted", shall mean permitted by this By-law.
"Personal Service Shop", shall mean a building or part of a building in which
professional or personal services are provided for gain including but not limited to
cosmetic services, a barber, a tailor, a shoe repair service, spas, tanning salons, and
wine and/or beer making establishments. The accessory sale of merchandise shall be
permitted only as an accessory use to the service provided. Personal service shops
shall not include sexually oriented establishments.
"Pit", shall mean the place where unconsolidated gravel, stone, sand, earth, clay, fill,
mineral or other material has been, is being, or may be removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but
shall not include a wayside pit.
"Place of Entertainment", shall mean a motion picture or other theatre, billiard or pool
room, bowling alley, arcade establishment but does not include any place of
entertainment or amusement otherwise defined or classified in this By-law.
"Place of Worship", shall mean a building used by a religious congregation or
organization and dedicated exclusively to worship and related religious, social and
charitable activities and may include a rectory or manse, a church hall, an auditorium, a
convent, an office for religious leaders, a children's activity room, child care centre,
educational or recreational uses, and an attached dwelling unit for a religious leader as
accessory uses.
"Private Access Right-of-Way", shall mean an internal paved access road width and
construction of which have been approved by the Township of Huron-Kinloss a minimum
of 16 metres in width designed to accommodate private vehicles, emergency service or
maintenance vehicles, and providing access from a public road to a dwelling, park, and
community centre.
"Private Club and Day Camp", shall mean a group of buildings or structures owned or
chartered by an organization, a non-profit organization, or a public body and designed
and built for season or periodic use.
"Public Transportation Depot", shall mean a place where busses and trains are boarded
and disembarked by fare-paying passengers, but does not include a bus stop.
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Q
"Quarry", shall mean a place where consolidated rock has been or is being removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
R
"Recreational Trailer", means any portable unit so constructed as to be suitable for
attachment to a motor vehicle for the purpose of being drawn or propelled by the motor
vehicle; and which is capable of being used for the temporary living, sleeping, or eating
accommodations, but not occupied continuously or as a principal residence. It may
include travel trailers, tent trailers, motor homes, camper pick-ups, or camper vans. It
does not include a mobile home.
"Recreational Facility", shall mean lands, buildings or structure used for the purpose of
active leisure activities and shall include an arena, swimming pool, community centre,
curling rink, outdoor ice rink, and uses accessory thereto.
"Rental Establishment", shall mean a lot, building or structure where equipment
generally used for residential, commercial and industrial construction and maintenance
are offered for rent or lease.
"Residential Care Facility" shall mean a residence occupied by 3 or more persons,
exclusive of staff, who by reason of their emotional, mental, physical or social condition
or legal status, are cared for on a temporary or permanent basis in a supervised group
setting. This shall include, for example, a group home, crisis care facility, residence for
socially disadvantaged persons, but shall not include a lodging house, foster care home
or hospital.
"Restaurant", shall mean a building or structure or part thereof, where food or
refreshments are prepared and offered for retail sale to the public for immediate
consumption either on or off the premises, but does not include a catering service.
"Retail Store", means a building or structure or part thereof in which food, goods, wares,
merchandise, substances, or articles are offered or kept for sale at retail, but does not
include an automobile sales establishment or an automobile service/gas station.
S
"Salvage, Recycling or Scrap Yard", shall mean a place where motor vehicles and
motor vehicle parts are wrecked, disassembled, repaired and resold and may include an
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auto wrecking establishment; or a place where used goods or scrap materials and
salvage are collected to be sorted and stored for future use.
"School", means a school under the jurisdiction of a school board as defined by Provincial
legislation.
"Scientific Research Establishment", means an establishment where scientific or
medical experiments, tests, or investigations are conducted, and where drugs,
chemicals, glassware, or other substances or articles pertinent to such experiments,
tests, or investigations are manufactured or otherwise prepared for use on the premises.
"Section 59 Notice", refers to the requirements under Section 59 of the Clean Water
Act, which requires issuance of a notice from the Township's Risk Management Official
before permitting an activity that is considered a restricted land use as identified in the
Source Protection Plans.
"Setback", means the horizontal distance from the lot line, measured at right angles, to
the nearest part of any building or structure on the lot exclusive of any yard
encroachments permitted on the lot.
"Sewage System and/or Holding Tank", shall mean a system that stores and/or treats
human waste on-site and shall include, but not be limited to, greywater systems,
cesspools, leaching bed systems and associated treatment units, and holding tanks, and
shall not include sewage treatment plants.
"Shipping Container" means an intermodal freight container that is designed for the
transportation and storage of goods and materials which are loaded onto trucks, trains
or ships for the purpose of moving of goods and materials. For the purpose of this
definition a shipping container does not have wheels and does not include a truck body,
trailer or transport trailer.
"Significant Drinking Water Threat", shall mean a drinking water threat that, according
to a risk assessment, poses or has the potential to pose a significant risk (Source: Clean
Water Act).
"Social Service Establishment" means a building or structure in which clerical,
administrative, consulting, counseling, distributive, and recreation functions for a non-
profit social service agency are conducted, but does not include facilities in which
overnight accommodation is provided.
"Stacking Lane", means the portion of a parking area exclusively used as an
unobstructed internal space for queuing motor vehicles utilizing a drive-thru
establishment.
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"Storey", means that portion of a building which is situated between the top of any floor
and the top of the floor next to it, and if there is no floor above it, that portion between
the top of such floor and the ceiling above it. A storey includes an attic having a height of
more than 2 metres for at least two-thirds of the area of the floor next below and also
includes any portion of a building partly below ground if the ceiling of such part is 2
metres or more above finished grade.
"Storey, Half", shall mean that portion of a building with a sloping roof having a height of
more than 2 metres for at least one-half but less than two-thirds of the area of the floor
next below.
"Street", shall mean a public thoroughfare, other than a lane, which is maintained by a
public road authority and which is open and passable during all seasons.
"Street Line", means the limit of the street allowance and is the dividing line between a
lot and a street.
T
"Temporary Building", shall mean a building intended for removal or demolition within a
prescribed time specified on a building permit not to exceed 2 years from the day of
permit issuance.
"Tent", shall mean a temporary structure used for temporary shelter and living
accommodation that is not permanently fixed to the ground and is capable of being
easily moved.
"Tourist Lodging", shall mean a dwelling unit excluding a hotel or motel in which rooms
or lodgings are provided for hire or pay for not more than five persons per room.
"Tractor Trailer", means a truck consisting of a self propelled cab designed to have
temporarily attached thereto, a trailer consisting of one or more axles designed to be
pulled by the cab for the purpose of carrying goods or materials. Both the cab and trailer
component individually or together are considered a tractor trailer for the purposes of
apply the provisions of this by-law.
"Transport Establishment", means the use of land, buildings, structures or parts thereof,
where trucks and transports or buses are rented, leased, serviced, repaired, loaded
or unloaded, kept for hire, stored or parked for dispatching as common carriers, or where
goods are temporarily stored for further shipment.
"Travel Trailer", shall mean a structure designed, intended and used exclusively for
travel, recreation and vacation and which is capable of being drawn or propelled by a
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motor vehicle or is self-propelled and includes tent trailers or similar transportable
accommodation except a mobile home.
U
"Unimproved Street", shall mean a street that has been assumed by By-law by the
Corporation as a public street but is not maintained year round or is not of a reasonable
standard of construction.
"Use", means the purpose for which a lot or a building or structure, or any combination
thereof, is designed, arranged, intended, occupied, or maintained and "uses" shall have
a corresponding meaning. "Use" when used as a verb, or "to use", shall have a
corresponding meaning.
V
"Veterinary Clinic", means a building or part thereof wherein animals of all kinds are
treated or kept for treatment by a registered veterinarian within the meaning of Provincial
legislation, and includes facilities where animals can be temporarily boarded while
undergoing treatment. Accessory uses, such as the retailing of pets and pet supplies,
are also permitted.
W
"Warehouse", shall mean a building, or part thereof, which is used for the storage or
wholesaling of goods or material.
"Warehouse, Mini Storage", shall mean a building designed for the rental of separate
storage areas usually with individualized external access for storage of personal
property. Outdoor storage shall be permitted in accordance with the provisions of the
applicable zone.
"Waste Disposal Site", shall mean any land upon, into or through which waste is
deposited or processed and any machinery or equipment or operation for the treatment
or disposal of waste, but shall not include the treatment or disposal of liquid industrial
waste or hazardous waste.
"Watercourse", shall mean the natural channel for a stream and shall include the
natural channel for intermittent streams.
"Wayside Pit or Quarry", shall mean a temporary pit or quarry opened and used by or
for a public authority solely for the purpose of a particular project or road construction
and not located on the road right-of-way.
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"Wholesale Outlet", means a building or part of a building in which goods, wares,
merchandise or articles are offered or kept for sale to persons for resale purposes
and/or to industrial or commercial users.
Y
"Yard", means a space appurtenant to a building, structure or excavation, located on the
same lot as the building, structure or excavation, and which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted elsewhere in this By-law.
"Yard, Front", means a yard extending from side lot line to side lot line and from and
parallel to the street line, to the nearest wall of building or structure on the lot,
disregarding open or uncovered terraces or steps or minor architectural projections.
"Yard, Rear", means a yard extending from side lot line to side lot line and from rear lot
line (or apex of the side lot lines if there is no rear line), to the nearest part of the main
building or structure on the lot, disregarding open or uncovered terraces or steps or
minor architectural projections.
"Yard, Side", means a yard, extending from the required front yard to the required rear
yard and from the side lot line to the nearest part of the main building or structure on the
lot, disregarding open or uncovered terraces or steps or minor architectural projections.
In the case of a lot with no rear lot line, the side yard shall extend from the front yard to
the opposite side yard.
"Yard, Side - Exterior", means a side yard immediately adjoining a public street.
"Yard, Side - Interior", means a side yard other than an exterior side yard.
"Yard, Required", means a yard with the minimum front yard depth, rear yard depth, or
side yard width as required by this By-law. A required side yard shall extend from the
required front yard to the required rear yard.
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SECTION 4 - GENERAL PROVISIONS
4.1
Accessory Buildings
.1
Unless otherwise provided for in this By-law, no accessory building shall be used
for human habitation.
.2
An accessory building may be located in the required rear yard or a required
interior side yard. On lots which adjoin a body of water within the Lakeshore
Settlement Area, a garage may be located within the required front yard, no less
than 3.0 m from the front lot line, and shall meet other applicable provisions of
this By-law.
.3
Where a minimum rear yard or interior side yard of 1.5 m is provided, the maximum
building height for an accessory building shall be 5 m.
.4
Notwithstanding Section 4.1.3, where a minimum rear yard or interior side yard of
3 m is provided the maximum building height for an accessory building shall be 6
m.
.5
The maximum lot coverage for accessory buildings shall be 10% of the lot, which
shall be included as part of the maximum lot coverage of the zone.
.6
No accessory building shall be constructed or established on any lot or site until
the main building has commenced construction, except for "Construction Uses"
permitted by Section 4.4. of this By-law.
.7
Detached accessory buildings located within the Lakeshore Settlement Area and
designed and used only for the storage of boats and boating accessories, and
located on lots which adjoin a body of water, shall not require a rear yard setback
but shall comply with all other provisions of this By-law.
4.2
Bed and Breakfast Establishment
Where listed as a permitted use, a bed and breakfast establishment may be conducted
within a single detached dwelling provided that:
a) The bed and breakfast establishment is carried out by a person who resides in
the dwelling except for employment services that are necessary for housekeeping
purposes.
b) Each guest room shall have a minimum building floor area of 10.5 square metres.
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c) Guest rooms shall not be permitted within an attic.
d) A bed and breakfast establishment shall have a maximum of 3 guest rooms for
overnight accommodation.
4.3
Condominiums
.1
Standard Condominiums
Internal lot lines created by:
a)
A registration of a plan of condominium; or
b)
A plan or plans of condominium registered on all or a portion of a lot which
is part of a comprehensively planned development subject to a
Development Agreement pursuant to Section 41 of the Planning Act;
shall not be construed to be lot lines for the purposes of zoning regulations
provided that all applicable regulations of this by-law relative to the whole lot and
its external lot lines, existing prior to any condominium plan registration are
strictly observed.
.2
Vacant Land Condominiums
More than one single detached, semi-detached, duplex or street townhouse
dwelling shall be permitted on a lot provided that each dwelling has direct access
to an internal private driveway or road that is a common element in a registered
Condominium connecting to a public street and that each dwelling is located on a
'unit' in a Vacant Land Condominium. For purposes of this regulation, the front lot
line for each Unit in a Vacant Land Condominium shall be deemed to be that lot
line abutting the internal driveway portion of the common element, and the dwelling
on such a Unit shall comply with all applicable zoning regulations, including but not
limited to setbacks, lot area, lot width and parking.
.3
Common Element Condominiums
Notwithstanding Section 4.12 of this by-law, single detached, semi-detached,
duplex or street townhouse dwellings shall be permitted on lots without frontage
on a public street provided that all such dwellings are located on Parcels of Tied
Lands (POTL's) to a Common Elements Condominium (CEC) consisting of at
least a private driveway connecting to a public street.
Where lands have been comprehensively planned and are subject to an
approved Site Plan and a Development Agreement pursuant to Section 41 of the
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Planning Act, any zoning deficiencies resulting from the creation of the POTL's,
shall be deemed to conform to the regulations of the by-law provided that:
a)
All applicable regulations of the by-law relative to the whole lot and its
external lot lines, existing prior to any condominium plan registration are
complied with, and
b)
Each dwelling unit shall have an unobstructed access at grade or ground
floor level, having a minimum width of 0.9 metres, from the front yard to the
rear yard of the lot either by:
i.
Direct access on the lot without passing through any portions of the
dwelling unit; or
ii.
Direct access through the dwelling unit without passing through a
living or family room, dining room, kitchen, bathroom, bedroom, or
recreation room or any hallway that is not separated by a door to
such room; or,
iii.
Access over adjacent lands, if the lands are not owned by the
Township of Huron-Kinloss or the County of Bruce, are secured by a
registered easement or are a common element of the condominium.
Any additions or alteration to the dwelling; accessory structures such as sheds;
and yard projections such as porches, balconies, decks, and pools, added
subsequent to the registration of the condominium, which are not shown on the
approved Site Plan must comply with the applicable zoning regulations for the
type of dwelling contained within the POTL. For the purposes of this regulation,
the front lot line shall be deemed to be that lot line abutting the internal driveway
or primary internal walkway.
4.4
Consolidated Lot Development
Where two or more abutting lots under one identical ownership are consolidated for the
purpose of development, the internal lot lines of the original lots shall not be construed
to be lot lines for the purposes of any zoning regulations subject to compliance with all
other regulations of this By-law relative to the consolidated lot and its external lot lines.
4.5
Construction Uses
Any part of a lot, other than a sight visibility triangle regulated in Section 4.29, may be
used for temporary buildings associated with construction work occurring on such lot,
provided that the building remains only for the duration of construction work or as long
as the building permit for construction is valid, whichever comes first. No temporary
building intended for construction work purposes shall be used for residential purposes.
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4.6
Dwelling, Additional Residential Unit
Except as provided by Section 4.7 (Dwelling, Additional Residential Unit On Farm),
where listed as a permitted use (refer to "Uses Permitted" sections of this By-law), a
'Dwelling, Additional Residential Unit' shall be permitted, subject to the following
provisions:
a)
Where full municipal services are provided, up to two 'Dwelling, Additional
Residential Unit' per lot of record shall be permitted;
b)
Where private or partial municipal services are provided, one 'Dwelling,
Additional Residential Unit' per lot of record shall be permitted if the lot area is
0.4 hectares or greater. Within the Lakeshore Area as identified on Schedule 'A'
a 'Dwelling, Additional Residential Unit' is not permitted on partial municipal or
private services;
c)
Applicable permits under the Ontario Building Code are required to be issued
by the Chief Building Official;
d)
Only exists along with its principal dwelling unit, and it is not a stand-alone
principal unit, capable of severance;
e)
Able to connect to water and septic or sewer services;
f)
Shall only be permitted where sufficient water service and sewer or septic
capacity exists or can be made available;
g)
In the case of a 'Dwelling, Semi-Detached' or 'Dwelling, Street Facing
Townhouse', each principal dwelling unit must be located on a separate lot of
record;
h)
In the Rural Recreation Area and Inland Lake Development designation (Silver
Lake and Purvis Lake Areas), only one Additional Residential Unit may be
permitted, and only within a building containing a primary residential dwelling;
i)
When permitted to be located within a detached accessory building, only one
'Dwelling, Additional Residential Unit' is permitted per lot in a detached
accessory building;
j)
Where located in an accessory building the 'Dwelling, Additional Residential
Unit' may be located in a new or existing detached accessory building and shall
be in accordance with the provisions of Section 4.1;
k)
Any 'Dwelling, Additional Residential Unit' shall be located within a
maximum distance of 30 m from the principal dwelling;
l)
The 'Additional Residential Unit' must share the parking and yards provided for
the principal dwelling unit, and no new driveway may be created;
m)
Requires conservation authority approval in areas identified in the flood fringe
overlay;
n)
'Home Occupation' is not permitted in a 'Dwelling, Additional Residential Unit'; and,
o)
The combined total of a principal residential unit, additional residential
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unit(s), and a garden suite shall not exceed three units on a lot.
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4.7
Dwelling, Additional Residential Unit On Farm
A 'Dwelling, Additional Residential Unit On Farm' shall be permitted together with a
'Dwelling, Single Detached Farm Residence' in the AG1 and AG4 zones, subject to all
the provisions of this By-law and the following:
a)
Shall be located within 30 metres of the 'Dwelling, Single Detached Farm
Residence';
b)
Applicable permits under the Ontario Building Code are required to be issued
by the Chief Building Official;
c)
It only exists along with the 'Dwelling, Single Detached Farm Residence' and shall
not be considered for future severance;
d)
Able to connect to water and septic or sewer services;
e)
Must share the parking and yards provided for the 'Dwelling, Single Detached
Farm Residence' unit, and no new driveway may be created;
f)
May be located within a 'Dwelling, Single Detached Farm Residence', or may be
located in a new, or existing, detached non-agricultural accessory building;
g)
Where the 'Dwelling, Additional Residential Unit On Farm' is proposed to be
erected outside of the 'Dwelling, Single Detached Farm Residence', it shall meet
applicable MDS guidelines;
h)
In the Rural Recreation Area and Inland Lake Development designation (Silver
Lake and Purvis Lake areas), only one Additional Residential Unit may be
permitted, and only within a building containing a primary residential dwelling.
i)
Requires conservation authority approval in areas identified in the flood fringe
overlay;
j)
The combined total of a "Dwelling, Single Detached Farm Residence', a 'Dwelling,
Additional Residential Unit On Farm', and 'Dwelling, Garden Suite' may not
exceed two units on a lot; and
k)
A home business shall not be permitted within a 'Dwelling, Additional Residential
Unit On Farm'.
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4.8
Encroachments
.1
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay
windows and other ornamental or architectural features may project into any
required yard but not more than 0.45 metres.
.2
Unenclosed porches and covered or uncovered steps and patios may project into
the required front or rear yard but not more than 1.5 metres provided however
that such features are not more than 1 metre in height above finished grade.
.3
Exterior stairways may project into a required rear yard but not more than 1.5
metres.
.4
Open steel fire escapes may project into any required side or rear yard but not
more than 1.5 metres.
.5
Balconies may project into any required yard but not more than 1.5 metres.
.6
Awnings shall be permitted in any required yard.
4.9
Existing Lots
Existing lots with less than the required lot area or lot frontage shall be deemed to
comply with the lot area and/or lot frontage requirements of this By-law and may be
used, and buildings erected or altered thereon, for the purposes permitted in the zone in
which they are situated, subject to compliance with all other regulations of this By-law.
For the purposes of this section, an existing lot which has been increased in lot area or
lot width through consent approval under the Planning Act shall be deemed to be an
existing lot.
4.10 Expropriations & Dedications
.1
If the acquisition of land, by registration on title on or after the day this by-law is
approved, to widen a street or to provide a site visibility triangle in non-
compliance with regulations existing on the date of acquisition and respecting lot
area, lot width or yards, a building or use shall be deemed to comply with such
regulations only in the circumstances which follows:
a)
Where the building or use existing at the date of the acquisition;
b)
Where a building or use is proposed to be developed by the same owner
who conveyed the land for street widening or site visibility triangle; or
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c)
Where the building or use is proposed to be developed in strict accordance
with an approved site plan applied for by a previous owner, which required
the conveyance of land for street widening or corner visibility triangle;
Provided that:
i.
Where the lot is rezoned after the acquisition of land for street widening or
site visibility triangle, no greater benefit shall be obtained that that which
could be obtained based on the zoning in effect on the date of such
acquisition; and
ii.
The provisions of this section shall not apply in circumstances where the
conveyance of land for street widening or site visibility triangle is a
requirement or a subdivision of land approval.
.2
If the acquisition of land to widen a street or to provide a site visibility triangle
results in non-compliance with regulations not listed in 4.10.1 and existing on the
date of acquisition, the non-compliance with those regulations shall be deemed to
comply where the building or use legally existed on the date of the acquisition.
4.11 Farm Home Industry
.1
A farm home industry / farm business shall be permitted where it is located on a
farm, is secondary to the principle agricultural use of the property, is limited in
area, and is compatible with and does not hinder the surrounding agricultural
operations.
.2
Where permitted, a farm home industry / farm business may be conducted within
a dwelling unit, a farm residence, a farm building or an accessory building.
.3
A farm home industry shall include a carpentry shop, a contractor or tradesperson
establishment, a welding shop, a machine shop, a plumbing shop, an electrical
shop, furniture fabrication, assembly and repair, tool and equipment repair shop,
small engine repair, farm implement repair, or a use of a similar nature to those
listed above.
.4
The farm home industry must employ at least one person who dwells on the
property and may employ one additional employee.
.5
Where the farm business is located within a farm residence a maximum of 25 per
cent of the building floor area shall be devoted to such use.
.6
No outdoor storage shall be permitted unless fully enclosed by a fence or other
appropriate enclosure in order that such storage is not visible from a street.
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.7
No display of goods or advertising other than a plate or sign which is no larger
than 0.4 square metres (4.3 square feet) in area, non-flashing.
.8
The total area of a property occupied by a farm business / farm home industry
site and buildings shall not exceed 2% of the lot area, to a maximum area of 1.0
ha.
4.12 Frontage on a Street
No person shall erect any building or structures in any zone unless:
a) The lot upon which such building or structure is to be erected fronts upon an
street, or
b) Such building or structure fronts upon an street having a perpendicular width of
less than 20 meters and such building is setback a minimum distance of 10
metres from the centerline of the existing street allowance in addition to the
minimum yards required by this By-law.
Provided, however, that in the case of a lot separated from a street by land owned by
the County or Corporation which land is held by such government agency for future road
widening purposes, a building may be erected upon such lot.
4.13 Height Restriction & Exemption
In this By-law, regulations prescribing the maximum building height shall not apply to
radio or television receiving or transmitting equipment, grain elevators, windmills, farm
silos or barns, water towers and domes not used for human occupancy.
4.14 Home Business - Domestic and Household Arts
Where listed as a permitted use, a home business for domestic or household art may be
conducted within a dwelling unit and may include uses such as home child care,
dressmaking, academic instruction, teaching of music, dance, arts and crafts to not
more than six students at any one lesson, tailoring, weaving, painting, sculpting, furniture
refinishing or repair, and molding or otherwise making or repairing of garden or household
ornaments, articles of clothing, personal effects or toys provided that:
a) The home business is located only within the dwelling unit.
b) The home business is carried out only by a person who resides in the dwelling
unit.
c) A maximum of 25 percent of the building floor area of the dwelling unit is devoted
to the home business.
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d) No outdoor storage shall be permitted.
e) No display of goods or advertising other than a plate or sign which is no larger
than 0.4 square metres (4.3 square feet) in area, non-flashing.
4.15 Home Business - Professional Uses
Where listed as a permitted use, a home business for professional use may be conducted
within a dwelling unit by professional practitioners such as tradesman or contractors,
accountants, architects, auditors, engineers, insurance agencies, land
surveyors,
lawyers, notaries, realtors, health professionals, photographers, professional consultants,
and hair dressers, provided that:
a) With the exception of one additional employee, the professional business is carried
out only by a person who resides in the dwelling unit.
b) A maximum of 25 percent of the building floor area of the dwelling unit shall be
devoted to the home business.
c) With the exception of a home business for a tradesman and contractor's
establishment where storage of equipment and material necessary in the
business shall be permitted within an accessory building, all home businesses for
professional uses shall be located only within the dwelling unit.
d) No display of goods or advertising other than a plate or sign which is no larger
than 0.4 square metres (4.3 square feet) in area, non-flashing.
4.16 Kennels
Where a kennel is listed as a permitted use, the kennel shall comply with the following
regulations:
a) The kennel must be located on a farm, and shall be secondary to the agricultural
use.
b) The kennel must employ at least one person who dwells on the property and may
employ one additional employee.
c) A kennel must be appropriate for rural servicing and be compatible with
agricultural uses.
d) A kennel must comply with all applicable by-laws and regulations such as noise
and parking regulations.
e) A kennel and all associated structures (such as buildings, structures, fencing, and
runs) must be setback a minimum of 600 metres from any settlement area
boundary and 150 metres from all property lines.
f) A kennel shall not occupy a combined area exceeding 2% of the lot area, to a
maximum of 0.4 hectares in area.
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4.17 Minimum Distance Separation (MDS) I - New Non-Farm Uses
Notwithstanding any other yard or setback provision of this By-law to the contrary, no
residential / surplus farm dwelling, farm-related business, institutional, cemetery,
commercial, industrial or recreational use, located on a separate lot and permitted within
a zone, shall be erected or altered unless it complies with the Province of Ontario's
Minimum Distance Separation (MDS I) Formulae, as amended.
A new residential, institutional, commercial, industrial or recreational use located on an
existing lot of record will comply with the Province of Ontario's Minimum Distance
Separation (MDS I) Formulae, as amended.
4.18 Minimum Distance Separation (MDS) II - New or Expanding Livestock
Facilities
Notwithstanding any other yard or setback provision of this By-law to the contrary, no
livestock facility shall be erected or expanded unless it complies with the Province of
Ontario's Minimum Distance Separation (MDS II) Formulae, as amended.
4.19 Non-Complying Uses (By-Law No 2019-123)
Where a building or structure was lawfully used and is permitted by the provisions of the
zone in which such building or structure is located but does not meet the zone
provisions with respect to lot area, yards, setbacks, lot frontage, parking or any other
provisions of this By-law applicable to that zone, the said building or structure shall be
deemed to comply with the By-law and may be enlarged, extended, reconstructed,
repaired or renovated provided that the enlargement, extension, reconstruction, repair
or renovation does not further reduce the compliance of that building or structure with
the provision(s) of the By-law to which it does not comply, and all other applicable
provisions of this By-law are complied with. For greater clarity, where a building or
structure does not comply with required yard or setback, no additional gross floor area
may be constructed within the required yard or setback.
In the case of a rezoning or severance, permitted and legally established existing
buildings or structures or driveways shall be deemed to comply with any applicable
zone provisions, except parking and loading requirements, resulting from such rezoning
or severance.
4.20 Non-Conforming Uses
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August 13, 2018
.1
The provisions of this By-law shall not apply to prevent the use of and land,
buildings or structures for any purpose prohibited by this By-law if such land,
building or structure was lawfully used for such purpose on the date of passing of
this By-law, and provided that it continues to be used for that purpose and all
other applicable provisions of this By-law are complied with.
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August 13, 2018
.2
The provisions of this By-law shall not apply to prevent the erection or use for a
purpose prohibited by this By-law of any building or structure, for which a building
permit has been issued by the Chief Building Official prior to the date of passing
of this By-law, so long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and provided that
the permit has not been revoked under the Ontario Building Code Act.
.3
Nothing in this By-law shall prevent the strengthening to a safe condition, the
repair or renovation of any legal non-conforming building or structure or part of
any building or structure which use does not conform with the provisions of this
By-law so long as such repair or renovation does not increase the height, size or
volume or change the use of such building.
4.21 Number of Dwellings Per Lot
Unless otherwise provided for in this By-law, in any zone where a single detached
dwelling, semi-detached dwelling or duplex dwelling is permitted, not more than one
such building or structure or dwelling shall be permitted on a lot.
4.22 Outdoor Storage Regulations
.1
Where outdoor storage is permitted by this By-law, such outdoor storage shall not
be located within required front or exterior side yards, unless it is for the temporary
display of goods for sale. This regulation does not apply to properties zoned AG1
or AG4, provided the outdoor storage is located outside the required front yard or
exterior side yard.
.2
The minimum setback from any lot line for outdoor storage shall be not less than
the required minimum interior side or rear yard regulation of the zone in which the
outdoor storage is located.
.3
If the outdoor storage is located in an industrial zone, the minimum setback of any
outdoor storage shall be 3 metres from the interior side or rear lot line, where
such interior side or rear lot line abuts an industrial zone.
.4
In the case where an outdoor storage area abuts a residential zone, a solid fence
having a minimum height of 1.82 metres shall be required to be provided along
the entire property line abutting such residential zone.
4.23 Permitted Uses in All Zones
Notwithstanding anything else in this By-law, the Corporation or any of its local boards
as defined in the Municipal Act, the County, any communication, transportation or
transmission system owned or operated by or for the Township or County and any
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August 13, 2018
agency of the Federal or Provincial Government and any hydro-electric company, may,
for the purposes of the public service, use any land or erect or use any building in any
zone subject to the use or building being in compliance with the most restrictive
regulations of the zone in which it is located and subject to there being no outdoor
storage of goods, materials or equipment in any yard abutting a residential zone. Any
buildings erected or used in a residential zone under the provisions of this Section shall
be designed so as not to intrude into the residential character of the area.
4.24 Planting Areas
Where a planting area is required by this By-law the following shall apply:
a) A planting area shall const of a dense screen of shrubs or evergreen trees, a
minimum 1 metres high when planted and of a species that will attain a minimum
height of 3 metres at maturity as well as providing a year round visual barrier. The
remainder of the ground surface shall be planted with any combination of shrubs,
flower beds or grass.
b) Where interrupted by walkways or driveways, a planting area need not be provided
closer than 1.5 metres to a walkway or 3 metres to a driveway.
c) A planting area shall have a minimum width of 3 metres.
4.25 Setbacks - Provincial and County Roads and Railways
.1
Notwithstanding any other provision of this By-law, the following regulations shall
apply to setbacks from Provincial and County Roads, railways and utility
corridors:
Except as provided for below, within settlement and Lakeshore areas, no building
shall be erected within 33 metres from the centerline of any Provincial or County
Road;
a) Between two dwellings on the same side of the road, separated by not
more than 100 metres, the minimum setback shall be the average of the
setbacks of the two adjacent dwellings plus 2 metres, or 33 metres from
the centerline of the Provincial or County Road, whichever is lesser.
b) Within 30 metres of an existing dwelling where 4.25.a would not apply, the
minimum setback requirement shall be the average of the setback of the
existing dwelling and 33 metres from the centerline of the Provincial or
County Road, or 33 metres from the Provincial or County Road, whichever
is the lesser.
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August 13, 2018
.2
Notwithstanding any other provisions of this By-law, the following regulations shall
apply to setbacks from a railway:
a) Any residential building shall not be located closer than 30 metres to a
railway right-of-way.
4.26 Setbacks - Street Exemption
Notwithstanding front yard requirements, in the case of a lot which fronts a street and is
located between two existing buildings both of which encroach into the required front
yard and are not more than 18 metres apart, a building may be located on such lot so
that the front face of the building is no closer to the street line than the front face of that
existing building which is located furthest from the street line.
4.27 Setbacks - Watercourse and Municipal Drain
.1
Notwithstanding any other provisions of this By-law, no person shall erect any
building in any zone which is:
a) Closer than 30 metres from the top of the bank or three times the height of
the bank, whichever is greater, for yards abutting the Eighteen Mile River,
Pine River, Clark Creek, Royal Oak Creek, Kinloss Creek, Lucknow River
or any of their tributaries; or
b) Closer than 15 metres to the top of the bank of any open municipal drain or
an enclosed municipal drain, or within 8 metres of the edge of an
Environmental Protection Zone boundary.
.2
Notwithstanding any provisions of this By-law, no person shall install or locate any
portion of a sewage disposal system in any zone which is closer than 30 metres
from the high water mark of Silver Lake.
4.28 Sight Visibility Triangle
.1
Corner Lots on Municipal Streets
In all zones, on a corner lot, no building shall be erected and no vehicle shall be
parked in such a manner as to materially impede vision above a height of 0.5
metres above the centerline grade of the intersecting streets in the triangular area
bounded by the street lines of the corner lot and a line from the points along said
street lines at a distance of 10 metres back from the point of intersection of the
said street lines.
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.2
Railway Grade Crossings
a) In all zones, on a lot abutting a railway where the railway and a street intersect
at the same grade, no building shall be erected and no vehicle shall be parked
in such a manner as to materially impede vision above a height of 0.5 metres
above the centerline grade of the intersecting street in the triangular area
bounded by the right-of-way limit of the railway and the street line and a line
from the points along such right-of-way limit and such street line a distance of
45 metres from the point of intersection thereof.
b) Where such railway and street intersect at an unprotected crossing, the sight
visibility triangle shall be increased to a distance of 400 metres measured
along the railway right-of-way and 90 metres measured along the street line or
such greater distance required by the Canadian Transport Commission
Regulations.
.3
Street Intersections with County or Provincial Roads
a) In all zones, on a corner lot having frontage on a County or Provincial Road, no
building shall be erected and no vehicle shall be parked in such a manner as to
materially impede vision above a height of 0.5 metres above the centerline
grade of the intersecting streets in the triangular area bounded by the street
lines of the corner lot and a line from the points along said street lines a
distance of 30 metres back from the point of intersection of the said street
lines.
b) The provisions of Section 4.29.3.a shall not apply to built-up areas as defined
herein, Towns, Villages or Cities as defined in the Highway Traffic Act. The
provisions of 4.29.1 shall apply in these areas. For the purpose of this Section,
a "built-up area" means the territory contiguous to a highway and not within a
City, Town or Village where:
i) Not less than 50% of the frontage on one side of the highway, for a site of
not less than 200 metres contains separate lots and such lots are occupied
by non-agricultural uses including non-farm residential uses, businesses,
schools or churches; or
ii) Not less than 50% of the frontage on both sides of the highway for a
distance of not less than 100 metres contains separate lots and such lots
are occupied by non-agricultural uses including non-farm residential uses,
businesses, schools or churches.
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4.29 Shipping Containers
Notwithstanding the other regulations of this By-law the following provisions shall apply
to shipping containers:
a) Shall only be permitted in the AG1, AG2 and M2 Zones.
b) Shall not be permitted as the sole structure on any property.
c) Shall only be permitted for the use of accessory storage to a permitted use, and
shall not be used for human habitation, display, advertising, screening, or fencing;
i) Notwithstanding the above, a shipping container may be permitted for the
transportation of goods and materials within the M2 Zone.
d) Shall only be located to the side or rear of the permitted use provided that is:
i) Screened from view from the street and abutting properties;
ii) Complies with the lot coverage and setback requirements of the Zone;
iii) Not be located in any required yard; and
iv) Not located in any required parking areas or landscape buffer.
e) Shall be in a condition free from rust, peeling paint and any other form of visible
deterioration.
f) Shall not exceed a height of 3 metres and a length of 12 metres, and shall not be
stacked one on top of the other.
g) The maximum number of shipping containers on any property shall be limited to
2:
i) Notwithstanding the above, when used for the transportation of goods and
materials within the M2 Zone no maximum shall apply.
h) Shall comply with the requirements of the Ontario Building Code.
i) Notwithstanding the above, a shipping container may be permitted for temporary
storage on construction sites in accordance with Section 4.5 [Construction Uses].
4.30 Sourcewater Protection
.1
Identification of Vulnerable Areas
a) Vulnerable Areas as illustrated on the maps attached hereto as Schedule 'B'
represent Wellhead Protection Areas (WHPAs) and the associated level of
vulnerability for municipal water sources serving the Township.
b) A WHPA illustrates three time-related capture zones including a 100-metre
radius surrounding the well (WHPA-A), 2 year travel time for water to enter the
well (WHPA-B), and 5 year travel time for water to enter the well (WHPA-C).
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c) The degree of vulnerability of a WHPA is represented in Schedule B by a
vulnerability score. The vulnerability score can range from 1 to 10, with 10
being the most vulnerable. WHPAs that are considered to be the most
vulnerable to surface activities are assigned a vulnerability score of 8 to 10,
with the degree of vulnerability generally decreasing the further away from the
well.
.2
Use Prohibitions and Regulations within Vulnerable Areas
a) Notwithstanding the land uses permitted by the underlying zone category in
this By-law, any land use that involves one of the following significant drinking
water threat activities shall be prohibited until it is determined by the
Township's Risk Management Official that the use does not represent a
significant drinking water threat or a Section 59 Notice has been issued in
accordance with the Clean Water Act, 2006:
i)
Waste disposal sites within the meaning of Part V of the Environmental
Protection Act.
ii)
The establishment, operation or maintenance of a system that collects,
stores, transmits, treats or disposes of sewage.
iii)
The application of agricultural source material to land.
iv)
The storage of agricultural source material to land.
v)
The management of agricultural source material.
vi)
The application of non-agricultural source material to land.
vii) The handling or storage of non-agricultural source material.
viii) The application of commercial fertilizer to land.
ix)
The handling and storage of commercial fertilizer.
x)
The application of pesticide to land.
xi)
The handling and storage of pesticide.
xii) The application of road salt.
xiii) The handling and storage of road salt.
xiv) The storage of snow.
xv) The handling and storage of fuel.
xvi) The handling and storage of a dense non-aqueous phase liquid
(excluding incidental volumes for personal/domestic use).
xvii) The handling and storage of an organic solvent.
xviii) The management of runoff that contains chemicals used in the de-icing
of aircraft.
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xix) An activity that takes water from an aquifer or a surface water body
without returning the water taken to the same aquifer or surface water
body.
xx) An activity that reduces the recharge of an aquifer
xxi) The use of land as livestock grazing or pasturing land, an outdoor
confinement area or farm-animal yard.
b) Within the Saugeen Source Protection Plan Area illustrated in Schedule B,
Section 4.31.2 a) shall not apply to solely residential land uses that involve the
following significant drinking water threat activities:
i)
Waste disposal sites within the meaning of Part V of the Environmental
Protection Act.
ii)
The establishment, operation or maintenance of a system that collects,
stores, transmits, treats or disposes of sewage.
iii)
The application of agricultural source material to land.
iv)
The storage of agricultural source material to land.
v)
The management of agricultural source material.
vi)
The application of non-agricultural source material to land.
vii) The handling or storage of non-agricultural source material.
viii) The application of commercial fertilizer to land.
ix)
The handling and storage of commercial fertilizer.
x)
The application of pesticide to land.
xi)
The handling and storage of pesticide.
xii) The application of road salt.
xiii) The handling and storage of road salt.
xiv) The storage of snow.
xv) The management of runoff that contains chemicals used in the de-icing
of aircraft.
xvi) The use of land as livestock grazing or pasturing land, an outdoor
confinement area or farm-animal yard.
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.3
Individual Septic Systems
a) Notwithstanding any other provisions of this By-law to the contrary, the
following shall apply to WHPAs with a vulnerability score of 10 as identified on
Schedule B:
i) New lots created through severance or plan of subdivision shall be
serviced by municipal sanitary sewers or where an on-site septic system
can be located outside the limits of the WHPA with a vulnerability score of
10 as identified on Schedule 'B'.
ii) Where no municipal sanitary sewers exist and where septic systems
already exist, new or replacement private septic systems shall be located
as far as practically possible from the wellhead while remaining in
compliance of the Ontario Building Code.
.4
Waste Disposal Sites within Vulnerable Areas
a) Notwithstanding any other provisions of this By-law to the contrary, the
following uses shall be prohibited within WHPAs with a vulnerability score of 8
or 10 as identified on Schedule B, where they would be a significant drinking
water threat:
i) Land disposal of petroleum refining waste within the meaning of clause (d)
of the definition of "land disposal" in section 1 of Regulation 347 (General -
Waste Management) R.R.O. 1990 made under the Environmental
Protection Act.
ii) Land disposal of municipal waste, hazardous waste, liquid industrial waste,
or commercial waste within the meaning of clauses (a) and (b) of the
definition of "land disposal" in section 1 of Regulation 347 (General -
Waste Management) R.R.O. 1990 made under the Environmental
Protection Act..
iii) Land disposal of liquid industrial waste, industrial waste, or commercial
waste within the meaning of clause (c) of the definition of "land disposal" in
section 1 of Regulation 347 (General - Waste Management) R.R.O. 1990
made under the Environmental Protection Act.
4.31 Storage of Unused Motor Vehicles
Unless otherwise permitted by this By-law, motor vehicles without affixed and validated
license plates for the current year shall not be parked or stored in any zone other than
within a completely enclosed building.
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4.32 Two or More Uses on a Lot
Unless otherwise provided for in this By-law, where two or more uses are located on a
lot and the uses are governed by different regulations, the most restrictive regulations
shall apply to all uses.
4.33 Unimproved Streets
On unimproved streets no building permit shall be issued for year round or permanent
residential occupancy or no conversion permits or change of use permits to permit year
round or permanent residential shall be issued notwithstanding that a building may be
suitably designed and constructed for year round or permanent habitation.
4.34 Wayside Pits and Quarries, Portable Asphalt Plant
Notwithstanding anything else in this By-law, a wayside pit, a wayside quarry and a
portable asphalt plant shall be permitted in any zone except a residential zone,
Environmental Protection zone or an Open Space zone.
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August 13, 2018
SECTION 5 - PARKING, STACKING &
LOADING AREA REGULATIONS
5.1
Parking Requirements
The owner of every building or structure erected or used for any of the purposes
hereinafter set forth shall provide and maintain for the sole use of the owner, occupant
or other persons entering upon or making use of the said premises from time to time,
parking spaces and parking areas as follows:
Use
Parking Requirement (Gross floor area
(GFA) unless otherwise specified)
Any other use not specifically listed below
1 space per 46.5 m2 GFA
Assembly Hall and Banquet Hall
1 space for every 8 fixed seats and 1
space for every 20 m2 GFA
Automobile Body/Repair Shop
4 spaces per repair bay
Automobile Service/Gas Station
4 spaces per repair bay, with a minimum
of 3 spaces
Automobile Sales Establishment
1 space per 40 m2 GFA
Automotive Wrecking Establishment
1.5 spaces per employee
Bed and Breakfast Establishment
1 space per room used for accommodation
purposes; in addition to
the required
parking for the dwelling unit.
Child Care Centre
1 space per classroom plus 1 space for
each office
Commercial School
1 space per 28 m2 GFA
Commercial
Use,
not
otherwise
specified
herein
1 space per 30 m2 GFA
Community Centre
1 space per 28 m2 GFA
Contractor's or Tradesman's Establishment
1 space per 50 m2 GFA
Dwellings including: Apartments, Converted
Commercial
1.5 spaces per dwelling unit
Dwellings including: Additional Residential Unit
1 space per dwelling unit
Dwellings including: Single Detached, Semi-
Detached, Duplex, Townhouse and/or Triplex
2 spaces per dwelling unit
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August 13, 2018
Dwelling including: Mobile Home
2 spaces per dwelling unit
Elementary School
1.25 spaces per classroom
Financial Institution
1 space per 40 m2 GFA
Funeral Home
1 space per 25 m2 GFA
Government Administration Building
1 space per 40 m2 GFA
Hospital
1 space per bed
Hotel or Motel
1 space per guest room
Industrial Use
1 space per 90 m2 GFA
Kennel
1 space per 25 m2 GFA
Long Term Care Facility
1 per 3 beds
Medical Clinic
1 space per 30 m2 GFA
Office
1 space per 40 m2 GFA
Personal Service
1 space per 45 m2 GFA
Recreation Use, not otherwise specified herein
1 space per 200 m2 of GFA
Restaurant
1 space per 15 m2 GFA
Retail Store
1 space per 20 m2 GFA
Secondary School
5 spaces per classroom
Trailer Park and Campground
1 space for each campground plus 1
space for every 4 such sites to be set aside
for and visually identified as visitor's
parking
Veterinary Clinic
1 space per 20 m2 GFA
Warehouse
1 space per 200 m2 GFA
Wholesale Outlet
1 space per 80 m2 GFA
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5.1.2 Parking for More Than One Use in a Building
When a building or structure accommodates more than one use, the parking space
requirement for the whole building shall be the aggregate sum of the requirements for
each of the separate parts of the building occupied by the separate types of uses,
unless otherwise provided for in this By-law.
5.1.3 Calculation of Off-street Parking Spaces
Where the calculation of off-street parking requirements results in a fraction, then the
number of parking spaces to be provided will be rounded to the next highest whole
number.
5.1.4 Location of Required Off-street Parking Spaces
Parking spaces shall be provided at the time of erection of any building or structure, or
at the time any building or structure is enlarged.
Parking spaces shall be located on the same lot as the use for which the parking is
required. However, where the owner proposes to provide the required parking space
and areas in a location other than the same lot as the use that requires such spaces and
areas, then such parking shall be located not more than 150 metres from the said lot.
Such parking shall not be considered as required parking for the use of the land upon
which the parking spaces are situated.
Off-street parking shall not be located within a required front yard.
5.1.5 Parking Space Size and Parking Aisle Requirements
Each off-street parking space within a parking lot shall be provided in accordance with
the following minimum specifications:
Parking
Angle
90
75
60
45
Parallel
Stall Width
2.75 m
Stall Length
6 m
Aisle Width
6 m
4 m
Minimum
Driveway Width
(single- / semi-
detached)
3.0 m
Minimum
Driveway Width
(other uses)
One-Way Traffic: 3.5m
Two-Way Traffic: 6.0 m
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August 13, 2018
Maximum
Driveway Width
(single- / semi-
detached)
6.0 m
Maximum
Driveway Width
(other uses)
9.0 m
Street setback
for parking area
3.0 m
5.1.6 Additions to Existing Uses
The parking area requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long as the floor area as it existed at
such date is not increased and the building or structure is used for a purpose which
does not require more parking spaces according to this section then were required by its
use at the date of passing of this By-law. However, if a use is changed or a building is
enlarged in floor area or there is an increase in the number of employees, number of
dwelling units or seating capacity or otherwise and would require an additional number
of parking spaces, then such additional parking spaces shall be provided to the number
required for such change.
5.1.7 Parking of Commercial Motor Vehicles, Tractor Trailers and Buses in
Residential Zones
No person shall use any lot, building or structure for the parking or storage of any tractor
trailer, including either the cab and/or trailer, commercial vehicle or bus in a Residential
Zone except as permitted in the following:
1. Such parking or storage of one commercial vehicle where the owner of the
commercial vehicle is the owner or occupant of such lot, building or structures,
and provided the vehicle shall not exceed 2722 kg gross vehicle weight or not
exceed a length of 9 m or not exceed a height of 2 m. Temporary parking of
school buses for school bus drivers is exempt.
2. Such parking for a tractor trailer or commercial vehicle is attending a residential
premises on a temporary and short-term basis for the purposes of delivery and
service.
5.1.8 Parking of Recreational Vehicles in Residential Zones
The storage or parking of a recreational trailer, boat, snowmobile, accessory trailer, or
similar recreational vehicles, shall be permitted in a Residential Zone or on a lot used for
residential purposes, provided that:
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August 13, 2018
1. The length of such recreational trailer, boat or snowmobile or accessory trailer
does not exceed 9 m;
2. Such recreational trailer, boat or snowmobile or accessory trailer may be located
in the rear yard or interior side yard provided it is located no closer than 1 m to
the lot line;
3. The owner or occupant of any lot or building shall not store or park more than
three of the vehicles listed above;
4. Notwithstanding Section 5.1.8.3, the limitations imposed therein shall not restrict
the number of vehicles that are fully enclosed within a garage or dwelling unit
provided that such vehicles are owned by the occupant of such lot;
5. The zone or lot shall currently contain at least one residential dwelling;
6. Notwithstanding any of the above provisions, driveway parking for the purposes
of loading recreational vehicles will be permitted.
5.1.9 Accessible Parking
Where the parking requirements for any land use is 3 or more spaces, 1 space of the
first 10 spaces required, plus 1 space of every additional 50 spaces or portion thereof,
shall be provided as an accessible parking space.
Accessible parking spaces shall be:
-
a minimum width of 4 m and a minimum length of 6 m;
-
hard-surfaced and level;
-
located near and accessible to an entrance; and
-
identified by a sign with the International Symbol of Accessibility.
Notwithstanding the above, accessible parking spaces are not required for single
detached, semi-detached or duplex dwellings.
5.1.10 Driveways
.1
The minimum distance between a driveway and an intersection of street lines
measured along the street line intersected by such driveway shall be 9 metres.
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
.2
Every lot shall be limited to the following number of driveways:
a) Up to the first 30 metres of frontage measured along the street line not more
than one driveway.
b) For each additional 30 metres of frontage measured along the street line - not
more than 1 additional driveway to a maximum of three driveways.
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August 13, 2018
.3
Parking areas and associated driveway systems serving any use, other than
detached dwellings, duplex dwellings, semi-detached dwellings and street-
fronting townhouses, shall be designed in such a manner that any vehicle entering
or leaving a street or public lane need not travel in a backwards motion.
5.1.11 Landscaping
Where, in any yard in any zone, a parking area which is required to provide for more
than four off-street parking spaces adjoins a lot in a residential zone, a planting area of a
minimum width of 3 metres shall be provided within the lot requiring such parking area
and along the lot line adjoining such residential zone. See also Section 4.24 of this By-
law for details related to Planting Area.
5.2
Stacking Requirements
All drive-thru establishments shall comply with the following stacking lane
regulations:
TYPE OF DRIVE THRU
MINIMUM STACKING LANE
Drive-thru restaurant
10
Automobile Service/Gas Station gas bar (per pump
island)
2
All other drive thru types (including car washes)
4
5.2.1 Stacking Space Size
All stacking spaces shall be rectangular in shape, with a minimum size of 2.75 m wide
by 6 m long.
5.2.2 Stacking Lane Marking
Stacking lanes shall be unobstructed and shall be clearly delineated by pavement
markings or physical barriers, and shall be independent of the balance of the parking
area.
5.3
Loading Space Requirements
Any lot, building or structure used for any purpose, other than an agricultural use,
involving the receiving, shipping, loading or unloading of persons, animals, or things,
shall provide on the same lot and not forming part of a street or lane, loading or
unloading facilities in accordance with the following schedule:
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August 13, 2018
GROSS FLOOR AREA
MINIMUM NUMBER OF
LOADING SPACES
REQUIRED
Commercial Zones
Less than 185.8 m2 (2,000 ft2)
0 spaces
185.8 m2 to 929 m2 (2,001 ft2 - 10,000 ft2)
1 space
Greater than 929 m2 (10,000 ft2)
2 spaces
Industrial Zones
Less than 464.5 m2 (5,000 ft2)
0 spaces
464.5 m2 to 2,322.5 m2 (5,001 ft2 - 25,000 ft2)
1 space
Greater than 2,322.5 m2 (25,000 ft2)
2 spaces
5.3.1 Loading Space Size
A loading space shall be 9 m long, 3.5 m wide and having a vertical clearance of at
least 4.5 m.
5.3.2 Loading Space Access
Each loading space shall be provided with one or more unobstructed driveways of not
less than 6 m in width. Such driveway shall be contained within the lot on which the
spaces are located and are accessible from a street or lane. No part of such driveway
shall be used for the parking or temporary storage of vehicles.
5.3.3 Loading Space Location
No loading space shall be located in the required front yard nor shall any required of-
street parking space be considered in calculating the required number of off-street
loading spaces. On a corner lot, loading spaces may be located between the main
building and the flanking street but not within the required exterior side yard.
5.3.4 Additions to Existing Use
The loading space requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long as the floor area as existed at
such date is not increased. However, if a building is enlarged in floor area as would
require an additional number of loading spaces, than such additional loading spaces
shall be provided to the number required for such change.
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August 13, 2018
5.3.5 Landscaping
Where a loading area adjoins any residential zone or a street than a planting area of a
minimum width of 3 metres shall be provided within the lot requiring such loading area
and along the lot line adjoining such residential zone or street. See also Section 4.24 of
this By-law for details related to Planting Area.
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SECTION 6 - GENERAL AGRICULTURE
(AG1) ZONE
6.1
Permitted Uses
Within any General Agriculture Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Agriculture
Bed and Breakfast Establishment
Conservation
Dwelling, Single Detached Farm Residence
Dwelling, Additional Residential Unit On Farm (Section 4.7)
Farm Business (Section 6.4)
Farm Home Industry (Section 6.4)
Home Business - Domestic and Household Arts
Home Business - Professional
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
6.2
Regulations
Within any General Agriculture Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
6.2.1
Minimum Lot Area
370,000 m2 (37 ha)
6.2.2
Minimum Lot Frontage
100 m
6.2.3
Minimum Front Yard
20 m
6.2.4
Minimum Rear Yard
20 m
6.2.5
Minimum Interior Side Yard
20 m
6.2.6
Minimum Exterior Side Yard
20 m
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August 13, 2018
6.3
Regulations for Residential Uses
Notwithstanding the above regulations, Single Detached and Secondary Farm
Residence Dwellings shall be subject to the following regulations:
6.3.1
Minimum Front Yard
10 m
6.3.2
Minimum Rear Yard
10 m
6.3.3
Minimum Interior Side Yard
5 m
6.3.4
Minimum Exterior Side Yard
10 m
6.3.5
Maximum Building Height
10 m
6.4
Area Limits for Non-Agricultural Uses
The associated buildings, structures, parking and loading areas of farm home industries,
and farm businesses shall not occupy a combined area exceeding 2% of the lot area, to
a maximum of 0.4 hectares in area.
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August 13, 2018
SECTION 7 - AGRICULTURAL
COMMERCIAL/INDUSTRIAL (AG2)
ZONE
7.1
Permitted Uses
Within any Agricultural Commercial/Industrial Zone, no person shall use any lot or
erect, alter or use any building or structure for any purpose except one or more of the
following uses:
Accessory Use (Section 4.1)
Agricultural-Related Business
Agricultural Service Establishment
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
7.2
Regulations
Within any Agricultural Commercial/Industrial Zone, no person shall use any lot or
erect, alter or use any building or structure for any purpose except in accordance with
the following requirements:
7.2.1
Minimum Lot Area
4,000 m2 (0.4 ha)
7.2.2
Minimum Lot Frontage
30 m
7.2.3
Minimum Front Yard
15 m
7.2.4
Minimum Rear Yard
10 m
7.2.5
Minimum Interior Side Yard
5 m
7.2.6
Minimum Exterior Side Yard
15 m
7.2.7
Maximum Lot Coverage
20%
7.2.8
Maximum Building Height
15 m
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August 13, 2018
SECTION 8 - AGRICULTURAL
RESIDENTIAL (AG3) ZONE
8.1
Permitted Uses
Within any Agricultural Residential Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses:
Accessory Use (Section 4.1)
Bed and Breakfast Establishment
Dwelling, Single Detached
Dwelling, Additional Residential Unit (Section 4.6)
Farm Business
Home Business - Domestic and Household Arts
Home Business - Professional
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
8.2
Regulations
Within any Agricultural Residential Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except in accordance with the following
requirements:
8.2.1
Minimum Lot Area
4,000 m2 (0.4 ha)
8.2.2
Minimum Lot Frontage
30 m
8.2.3
Minimum Front Yard
10 m
8.2.4
Minimum Rear Yard
10 m
8.2.5
Minimum Interior Side Yard
5 m
8.2.6
Minimum Exterior Side Yard
10 m
8.2.7
Maximum Lot Coverage
30%
8.2.8
Maximum Building Height
10 m
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August 13, 2018
8.3
Existing and Proposed Livestock Barns
Notwithstanding the provisions of Section 8.1 to the contrary, an existing barn may be
used or a new barn may be established subject to the following table:
Minimum Lot Size
(Hectares)
Maximum Number of
Nutrient Units Permitted
Minimum Distance
Separation required from
the barn to the nearest
residential, commercial,
institutional building or
structure, excluding uses
on the same property
0.4
1
85
0.8
2
85
1.2
3
85
1.6+
4
85
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August 13, 2018
SECTION 9 - AGRICULTURAL RURAL
(AG4) ZONE
9.1
Permitted Uses
Within any Rural Zone, no person shall use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Agriculture
Bed and Breakfast Establishment
Conservation
Dwelling, Single Detached Farm Residence
Dwelling, Additional Residential Unit On Farm (Section 4.7)
Farm Business
Farm Home Industry
Home Business - Domestic and Household Arts
Home Business - Professional
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
9.2
Regulations
Within any Rural Zone, no person shall use any lot or erect, alter or use any building
or structure for any purpose except in accordance with the following requirements:
9.2.1
Minimum Lot Area
200,000 m2 (20 ha)
9.2.2
Minimum Lot Frontage
100 m
9.2.3
Minimum Front Yard
20 m
9.2.4
Minimum Rear Yard
20 m
9.2.5
Minimum Interior Side Yard
20 m
9.2.6
Minimum Exterior Side Yard
20 m
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August 13, 2018
9.3
Regulations for Residential Uses
Notwithstanding the above regulations, Single Detached and Secondary Farm
Residence Dwellings shall be subject to the following regulations:
9.3.1
Minimum Front Yard
10 m
9.3.2
Minimum Rear Yard
10 m
9.3.3
Minimum Interior Side Yard
5 m
9.3.4
Minimum Exterior Side Yard
10 m
9.3.5
Maximum Building Height
10 m
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August 13, 2018
SECTION 10 - ENVIRONMENTAL
PROTECTION (EP) ZONE
10.1 Permitted Uses
Within any Environmental Protection Zone, no person shall use any lot or erect, alter
or use any building or structure for any purpose except one or more of the following
uses:
Conservation
Existing Agriculture
Forestry
Outdoor Recreation, provided no buildings or structures
Park, provided no buildings or structures
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
Within the land zoned EP on Schedule "A-1" Lucknow, the uses existing as of October
20, 2008 are permitted uses and minor alterations or replacement will be permitted
subject to the approval of the Maitland Valley Conservation Authority.
10.2 Regulations
Notwithstanding Section 10.1, no new buildings shall be permitted except those related
to flood control.
Note for Information Purposes (Does not form part of the Zoning By-law)
Some of the lands within and adjacent to the Environmental Protection zone as shown
on the bylaw schedules may be subject to the Conservation Authority's Regulation -
Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses. Where development or site works are proposed within a Regulated Area,
as shown on schedules filed with the Conservation Authority where such mapping
exists, a permit from the Conservation Authority may be required. The Conservation
Authority should be contacted to determine the extent of the Regulated Area. The
Conservation Authority should be consulted before development, including construction,
reconstruction, conversion, grading, filling or excavating occurs to determine whether
the Authority Regulations apply.
65
August 13, 2018
SECTION 11 - OPEN SPACE (OS) ZONE
11.1 Permitted Uses
Within any Open Space Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Conservation
Existing Agriculture
Forestry
Outdoor Recreation
Park
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
11.2 Regulations
Within any Open Space Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the following
requirements:
11.2.1
Minimum Front Yard
6 m
11.2.2
Minimum Side Yard, Interior
One half of the building height from each
side, but not less than 4m
11.2.3
Minimum Side Yard, Exterior
6 m
11.2.4
Minimum Rear Yard
7.5 m or one half of the building height,
whichever is greater
11.2.5
Minimum Lot Coverage
40%
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August 13, 2018
SECTION 12 - RESIDENTIAL ONE (R1)
ZONE
12.1 Permitted Uses
Within any Residential One Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Bed and Breakfast Establishment (Section 4.2 and Section 12.3)
Dwelling, Additional Residential Unit (Section 4.6 and Section 12.2)
Dwelling, Single Detached
Home Business - Domestic and Household Arts
Home Business - Professional Uses
Residential Care Facility
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
12.2 Dwelling, Additional Residential Unit
Notwithstanding the permitted uses in Section 12.1, a Dwelling, Additional Residential
Unit shall not be permitted within the Lakeshore Settlement Area, as shown on Schedule
'A'.
12.3 Bed and Breakfast Establishments
Notwithstanding the permitted uses in Section 12.1, a Bed and Breakfast Establishment
shall not be permitted within the Lakeshore Settlement Area, as shown on Schedule 'A'.
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August 13, 2018
12.4 Regulations
Within any Residential One Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
Provisions
Settlement Areas
Lucknow/Ripley1
Hamlet2
Lakeshore
12.4.1
Minimum Lot
Area
600 m2
4,000 m2
Municipal Water:
1,850 m2
Private Services:
6,000 m2
12.4.2
Minimum Lot
Frontage
17 m
40 m
30 m
12.4.3
Minimum Lot
Frontage,
Corner Lot
20 m
46 m
12.4.4
Minimum Front
Yard
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
front lot line
7.5 m
7.5 m
12.4.5
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
12.4.6
Minimum
Interior Side
Yard
1.5 m
1.5 m
3 m
12.4.7
Minimum
Exterior Side
Yard
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
exterior side lot line
7.5 m
3 m
12.4.8
Maximum Lot
Coverage
40%
20%
30%
12.4.9
Maximum
Building Height
10 m
10 m
8 m
1 Partially-services lots shall be subject to the regulations for Hamlets
2 Hamlets include: Amberley, Holyrood, Kinlough, Kinloss, Pine River and Whitechurch
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August 13, 2018
SECTION 13 - RESIDENTIAL TWO (R2)
ZONE
13.1 Permitted Uses
Within any Residential Two Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Bed and Breakfast Establishment (Section 4.2)
Dwelling, Additional Residential Unit (Section 4.6 and 13.2)
Dwelling, Duplex
Dwelling, Group Home
Dwelling, Triplex
Dwelling, Semi-Detached
Dwelling, Single Detached
Home Business - Domestic and Household Arts
Home Business - Professional Uses
Residential Care Facility
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
13.2 Dwelling, Additional Residential Unit
Notwithstanding the permitted uses in Section 13.1, a Dwelling, Additional Residential
Unit shall not be permitted within the Lakeshore Settlement Area, as shown on
Schedule 'A'.
13.3 Regulations
Within any Residential Two Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
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August 13, 2018
13.3.1 Regulations for Single Detached, Duplex & Semi-Detached Dwellings
Regulation
Single Detached &
Duplex Dwelling
Semi-Detached
Dwelling
13.3.1.1 Minimum Lot Area
470 m2
235 m2 (per unit)
13.3.1.2 Minimum Lot
Frontage
12 m
7.5 m (per unit)
13.3.1.3
Minimum Lot
Frontage, Corner
Lot
15 m
20 m
13.3.1.4
Minimum Front Yard
4.5 m, except no part of
any building used to
accommodate off-street
parking shall be located
closer than 6 m to the front
lot line
4.5 m, except no part of
any building used to
accommodate off-street
parking shall be located
closer than 6 m to the
front lot line
13.3.1.5 Minimum Rear Yard
7.5 m
7.5 m
13.3.1.6
Minimum Interior
Side Yard
1.5 m
1.5 m
Side Yard may be
reduced to 0 m along
the common lot line
where a Semi-Detached
Dwelling has been
equally divided to
provide individual
ownership to each
Dwelling Unit.
13.3.1.7
Minimum Exterior
Side Yard
4.5 m, except no part of
any building used to
accommodate off-street
parking shall be located
closer than 6 m to the
exterior side lot line
4.5 m, except no part of
any building used to
accommodate off-street
parking shall be located
closer than 6 m to the
exterior side lot line
13.3.1.8 Maximum Lot
Coverage
40%
40%
13.3.1.9 Maximum Building
Height
10 m
10 m
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August 13, 2018
13.3.2 Regulations for Triplex Dwellings:
Provision
Triplex
13.3.2.1
Minimum Lot Area
1,000 m2
13.3.2.2
Minimum Lot Frontage
15 m
13.3.2.3
Minimum Lot Frontage, Corner
Lot
20 m
13.3.2.4
Minimum Front Yard
4.5 m, except no part of any
building used to accommodate off-
street parking shall be located
closer than 6 m to the front lot line
13.3.2.5
Minimum Rear Yard
7.5 m
13.3.2.6
Minimum Interior Side Yard
1.5 m
13.3.2.7
Minimum Exterior Side Yard
4.5 m, except no part of any
building used to accommodate off-
street parking shall be located
closer than 6 m to the exterior side
lot line
13.3.2.8
Maximum Lot Coverage
40%
13.3.2.9
Maximum Building Height
10 m
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August 13, 2018
SECTION 14 - RESIDENTIAL THREE
(R3) ZONE
14.1 Permitted Uses
Within any Residential Three Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Dwelling, Additional Residential Unit (Section 4.6 and Section 14.2)
Dwelling, Apartment
Dwelling, Group Home
Dwelling, Townhouse - Cluster
Dwelling, Townhouse - Street Fronting
Residential Care Facility
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
14.2 Dwelling, Additional Residential Unit
Notwithstanding the permitted uses in Section 14.1, a Dwelling, Additional Residential
Unit shall not be permitted within the Lakeshore Settlement Area, as shown on
Schedule 'A'.
14.3 Regulations
Within any Residential Three Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
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August 13, 2018
Provision
Street Fronting
Townhouse
Cluster Townhouse
Apartment
14.3.2.1
Minimum Lot
Area
148 m2 (per unit)
148 m2 (per unit)
275 m2 (per unit)
14.3.2.2
Minimum Lot
Frontage
5.5 m (per unit)
15 m
15 m
14.3.2.3
Minimum Lot
Frontage,
Corner Lot
12.5 m
---
---
14.3.2.4
Minimum Front
Yard
4.5 m, except no
part of any
building used to
accommodate
off-street parking
shall be located
closer than 6 m to
the front lot line
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
front lot line
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
front lot line
14.3.2.5
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
14.3.2.6
Minimum
Interior Side
Yard
1.5 m
Side Yard may be
reduced to 0m
along the common
lot line where a
Street Fronting
Townhouse
Dwelling has been
equally divided to
provide individual
ownership to each
Dwelling Unit.
2.5 m
8 m
14.3.2.7
Minimum
Exterior Side
Yard
4.5 m, except no
part of any
building used to
accommodate
off-street parking
shall be located
closer than 6 m to
the exterior side
lot line
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
exterior side lot
line
4.5 m, except no
part of any building
used to
accommodate off-
street parking shall
be located closer
than 6 m to the
exterior side lot
line
14.3.2.8
Maximum Lot
Coverage
40%
50%
50%
14.3.2.9
Maximum
Building Height
10 m
10 m
15 m
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August 13, 2018
SECTION 15 - LIFESTYLE COMMUNITY
RESIDENTIAL (LCR) ZONE
15.1 Permitted Uses
Within any Lifestyle Community Residential Zone, no person shall use any lot or erect,
alter or use any building or structure for any purpose except one or more of the
following uses:
Accessory Use (Section 4.1)
Associated Community Facilities
Dwelling, Single Detached
Land Lease Community
Land Lease Community Home
Mobile Home
Mobile Home Park
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
15.2 Regulations
Within any Lifestyle Community Residential Zone, no person shall use any lot or erect,
alter or use any building or structure for any purpose except in accordance with the
following requirements:
Provision
Condominium/Land
Lease
Mobile Home Park
Community
15.2.1
Minimum Lot Area
N/A
4 ha
15.2.2
Minimum Lot Width
15 m
30 m
15.2.3
Minimum Front,
Exterior, Side and
Rear Yards
N/A
7.5 m
15.2.4
Minimum Open Space
N/A
10%
15.2.5
Maximum Density
N/A
25 mh/ha
Dwellings
15.2.6
Minimum Lot Area
465 m2
550 m2
15.2.7
Minimum Lot Width
15 m
12 m
15.2.8
Minimum Front,
Exterior Side Yard
6.0 m
5 m
15.2.9
Minimum Side Yard
1.5 m
2 m
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August 13, 2018
15.2.10
Minimum Rear Yard
7.5 m
3 m
15.2.11
Maximum Building
Height
8 m
5 m
15.2.12
Minimum Ground
Floor Area
N/A
40 m2
15.2.13
Maximum Ground
Floor Area
N/A
N/A
15.2.14
Maximum Lot
Coverage
40%
20%
15.3 Additional Provisions - Community Development
All lifestyle community developments will:
a) Be subject to the requirements of Section 41 of the Planning Act;
b) Provide communal or municipal water supply, sewage disposal and stormwater
management facilities; and
c) Provide a "private access right-of-way" which provides access from a public road
to each unit to accommodate emergency services, the design to be approved by
the Township.
75
August 13, 2018
SECTION 16 - GENERAL COMMERCIAL
(GC) ZONE
16.1 Permitted Uses
Within any General Commercial Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses:
Accessory Use (Section 4.1)
Assembly Hall
Business or Professional Office
Child Care Centre
Commercial School
Convenience Store
Dry Cleaning Establishment
Dwelling, Apartments (see Section 16.2)
Financial Institution
Food or Grocery Store
Funeral Home
Government Administration Building
Hotel or Motel
Institutional Use
Laundromat
Liquor Retail Outlet
Personal Service Shop
Place of Entertainment
Public Transportation Depot and Bus Stop
Restaurant
Retail Store
Veterinary Clinic
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
16.2 Regulations for Apartment Dwellings:
Apartments are only permitted to the rear of a commercial use on the ground floor
and/or on the upper floors of commercial establishments. Commercial uses must occupy
76
August 13, 2018
the front façade of the ground floor and no accessory second unit shall be permitted in
the same building or structure.
16.3 Regulations
Within any General Commercial Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except in accordance with the following
requirements:
Provision
Full Municipal
Services
Municipal Water
No Municipal
Services
16.3.1
Minimum Lot Area
500 m2
1,400 m2
4,000 m2
16.3.2
Minimum Lot
Frontage
9 m
30 m
40 m
16.3.3
Minimum Lot
Frontage, Corner
Lot
15 m
33 m
43 m
16.3.4
Minimum Front
Yard
0 m
0 m
7.5 m
16.3.5
Minimum Rear
Yard
10 m
10 m
10 m
16.3.6
Minimum Interior
Side Yard
0 m
3 m
5 m
16.3.7
Minimum Exterior
Side Yard
6 m
7.5 m
7.5 m
16.3.8
Maximum Lot
Coverage
50%
30%
20%
16.3.9
Maximum
Building Height
12 m
12 m
12 m
16.3.10
Minimum Gross
Floor Area for
Retail
70 m2
70 m2
70 m2
16.3.11
Maximum Gross
Floor Area for
Retail
1,000 m2
1,000 m2
1,000 m2
77
August 13, 2018
SECTION 17 - HIGHWAY COMMERCIAL
(HC) ZONE
17.1 Permitted Uses
Within any Highway Commercial Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses:
Accessory Use (Section 4.1)
Automobile Body/Repair Shop
Automobile Sales Establishment
Automobile Service/Gas Station
Automobile Washing Establishment
Business or Professional Office
Catering Establishment
Drive-Thru Establishment
Financial Institution
Food or Grocery Store
Funeral Home
Hotel or Motel
Liquor Retail Outlet
Place of Entertainment
Public Transportation Depot and Bus Stop
Rental Establishment
Restaurant
Retail Store
Wholesale Outlet
Veterinary Clinic
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
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August 13, 2018
17.2 Regulations
Within any Highway Commercial Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except in accordance with the following
requirements:
Provision
Full Municipal
Services
Municipal Water
No Municipal
Services
17.2.1
Minimum Lot Area
2,000 m2
3,000 m2
4,000 m2
17.2.2
Minimum Lot
Frontage
30 m
30 m
40 m
17.2.3
Minimum Front
Yard
15 m
20 m
20 m
17.2.4
Minimum Rear
Yard
6 m
9 m
10 m
17.2.5
Minimum Interior
Side Yard
4.5 m
10 m
10 m
17.2.6
Minimum Exterior
Side Yard
4.5 m
10 m
10 m
17.2.7
Maximum Lot
Coverage
40%
30%
20%
17.2.8
Maximum
Building Height
12 m
12 m
12 m
17.2.9
Minimum Gross
Floor Area for
Retail
185.8 m2
185.8 m2
185.8 m2
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August 13, 2018
SECTION 18 - HAMLET MIXED USE
(HMU) ZONE
18.1 Permitted Uses
Within any Hamlet Mixed Use Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Assembly Hall
Automotive Service/Gas Station
Business or Professional Office
Child Care Centre
Dry Cleaning Establishment
Dwelling, Apartments (see 18.2)
Dwelling, Converted Commercial
Dwelling, existing Single Detached
Financial Institution
Food or Grocery Store
General Store / Convenience Store
Government Administration Building
Laundromat
Liquor Retail Outlet
Medical Clinic
Personal Service Shop
Restaurant
Retail Store
Veterinary Clinic
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
18.2 Regulations for Apartment Dwellings:
Apartments are only permitted on the upper floors of commercial establishments.
Commercial uses must occupy the entire ground floor and no accessory second unit
shall be permitted in the same building or structure.
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August 13, 2018
18.3 Regulations
Within any Hamlet Mixed Use Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
18.3.1
Minimum Lot Area
4,000 m2 (0.4 ha)
18.3.2
Minimum Lot Frontage
30 m
18.3.3
Minimum Front Yard
7.5 m
18.3.4
Minimum Rear Yard
10 m
Minimum Interior Side Yard
5 m
18.3.5
Where the interior side lot line abuts a Residential Zone or lands used for
residential purposes, the minimum interior side yard shall be 7.5 m, unless
abutting uses are both residential.
18.3.6
Minimum Exterior Side Yard
7.5 m
18.3.7
Maximum Lot Coverage
20%
18.3.8
Maximum Building Height
10 m
18.3.9
Maximum Gross Floor Area
for Retail
500 m2
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August 13, 2018
SECTION 19 -
RESORT/RECREATIONAL
COMMERCIAL (RRC) ZONE
19.1 Permitted Uses
Within any Resort/Recreational Commercial Zone, no person shall use any lot or erect,
alter or use any building or structure for any purpose except one or more of the
following uses:
Accessory Use (Section 4.1)
Campground
Commercial Recreation
Marina
Hotel or Motel
Park
Private Clubs and Day Camps
Restaurant
Tent
Travel Trailers
Tourist Lodging
Cabins and Cottages
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
19.2 Regulations
Within any Resort/Recreational Commercial Zone, no person shall use any lot or erect,
alter or use any building or structure for any purpose except in accordance with the
following requirements:
19.2.1
Minimum Lot Area
4,000 m2 (0.4 ha)
19.2.2
Minimum Lot Frontage
30 m
19.2.3
Minimum Front Yard
15 m
19.2.4
Minimum Rear Yard
15 m
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August 13, 2018
19.2.5
Minimum Side Yard
15 m
19.2.6
Maximum Building Height
10 m
19.2.7
Maximum Density of
Campsites
30 per hectare
19.2.8
Minimum Campsite Area
232 m2
19.2.9
Minimum Campsite Frontage
15 m
83
August 13, 2018
SECTION 20 - INSTITUTIONAL (I) ZONE
20.1 Permitted Uses
Within any Institutional Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
Accessory Use (Section 4.1)
Assembly Hall
Banquet Hall, Accessory to a Community Centre
Cemetery
Child Care Centre
Commercial School
Dwelling, Group Home
Emergency Services Facility
Government Administration Building
Hospital
Institutional Use
Library
Museum
Recreational Facility
Residential Care Facility
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
20.2 Regulations
Within any Institutional Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the following
requirements:
Provision
Full Municipal
Services
Municipal Water
No Municipal
Services
20.2.1
Minimum Lot Area
600 m2
1,800 m2
4,000 m2
20.2.2
Minimum Lot
Frontage
15 m
30 m
40 m
20.2.3
Minimum Front
Yard
7.5 m
7.5 m
7.5 m
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August 13, 2018
20.2.4
Minimum Rear
Yard
10 m
10 m
10 m
20.2.5
Minimum Interior
Side Yard
1.5 m
5 m
5 m
20.2.6
Minimum Exterior
Side Yard
6 m
6 m
6 m
20.2.7
Maximum Lot
Coverage
30%
20%
10%
20.2.8
Maximum
Building Height
10 m
10 m
10 m
85
August 13, 2018
SECTION 21 - LIGHT INDUSTRIAL (M1)
ZONE
21.1 Permitted Uses
Within any Light Industrial Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
Accessory Retail Store, Wholesale Outlet, Showroom and Office (Section
21.3)
Accessory Use (Section 4.1)
Commercial School
Contractor or Tradesperson Establishment
Light Industrial Use
Scientific Research Establishment
Warehouse
Warehouse, Mini Storage
Wholesale Outlet
Veterinary Clinic
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
21.2 Regulations
Within any Light Industrial Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the following
requirements:
Provision
Full Municipal Services
Municipal Water
21.2.1
Minimum Lot Area
1,500 m2 (0.15 ha)
2,000 m2 (0.2 ha)
21.2.2
Minimum Lot
Frontage
30 m
40 m
21.2.3
Minimum Front Yard
15 m
15 m
21.2.4
Minimum Rear Yard
10 m
10 m
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August 13, 2018
21.2.5
Minimum Side Yard
5 m
5 m
Where the interior side lot line abuts a Residential Zone or lands in use for
residential purposes, the minimum interior side yard shall be 7.5 m.
21.2.6
Maximum Lot
Coverage
30%
30%
21.2.7
Minimum Ground
Floor Area
70 m2
70 m2
21.2.8
Maximum Building
Height
15 m
15 m
21.3 Restrictions on Gross Floor Area for Accessory Uses
An accessory office shall have a maximum gross floor area of 40% of the gross floor
area used by the main use.
An accessory retail store, wholesale outlet, or showroom shall have a maximum gross
floor area no greater than 30% of the gross floor area of the main use.
87
August 13, 2018
SECTION 22 - GENERAL INDUSTRIAL
(M2) ZONE
22.1 Permitted Uses
Within any General Industrial Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Abattoir
Accessory Use (Section 4.1 and Section 22.3)
All Uses Permitted in the M1 Zone
Agricultural-Related Business
Agricultural Service Establishment
Automobile Body/Repair Shop
Automobile Service/Gas Station
Automotive Wrecking Establishment
Emergency Services Facility
Fuel Storage Establishment
Industrial Use
Outdoor Storage, Accessory to Primary Use
Terminals for Storage and Handling of Freight
Transport Establishment
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
22.2 Regulations
Within any General Industrial Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the following
requirements:
Provision
Full Municipal
Services
Municipal Water
No Municipal
Services
22.2.1
Minimum Lot Area
1,850 m2
3,000 m2
4,000 m2
22.2.2
Minimum Lot
Frontage
20 m
30 m
40 m
22.2.3
Minimum Front
Yard
9 m
9 m
9 m
88
August 13, 2018
22.2.4
Minimum Rear
Yard
7.5 m
7.5 m
7.5 m
22.2.5
Minimum Side
Yard
5 m
5 m
5 m
22.2.6
Maximum Lot
Coverage
30%
30%
30%
22.2.7
Maximum
Building Height
15 m
15 m
15 m
22.3 Restrictions on Gross Floor Area for Accessory Uses
An accessory office shall have a maximum gross floor area of 40% of the gross floor
area used by the main use.
An accessory retail store, wholesale outlet, or showroom shall have a maximum gross
floor area no greater than 30% of the gross floor area of the main use.
89
August 13, 2018
SECTION 23 - EXTRACTIVE RESOURCE
(ER) ZONE
23.1 Permitted Uses
Within any Extractive Resource Zone, no person shall use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Aggregate Processing Facility
Agriculture
Asphalt Batching Plant
Concrete Batching Plant
Pit
Quarry
Wayside Pit or Quarry
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
23.2 Regulations
Details regarding site configuration and yard setbacks shall be regulated in accordance
with the Aggregate Resources of Ontario Provincial Standards and the applicable
Aggregate Resources Act Site Plans.
23.3 Prohibited Uses
Notwithstanding Section 23.1, accessory residential uses shall be prohibited within the
ER Zone.
August 13, 2018
SECTION 24 - FUTURE DEVELOPMENT
(FD) ZONE
24.1 Permitted Uses
Within any Future Development Zone, no person shall use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses:
Existing Agricultural Uses
Existing Dwelling, Single Detached
Home Occupation, Domestic and Household Arts
Home Business - Professional
Notwithstanding the above list, permitted uses may be restricted through the General
Provisions (Section 4).
24.2 Prohibited Uses
Notwithstanding Section 24.1, a livestock facility shall be prohibited within the FD Zone.
24.3 Regulations
Alteration and/or enlargement of an existing single detached dwelling shall be in
accordance with the regulations of the Agricultural Residential (AG3) Zone.
89
91
August 13, 2018
SECTION 25 - SPECIAL PROVISIONS
The following provisions shall have effect notwithstanding anything else in this By-law
and the other provisions of this By-law shall be deemed to be amended insofar as is
necessary to give effect thereto.
25.1
*
Farm Parcel from a Surplus Farm Residence Severance
Notwithstanding the provisions of the General Agriculture (AG1) Zone, on
those lands identified with Special Provision 25.1:
a) A detached dwelling is not permitted on a retained farm parcel zoned
AG1-25.1; and
b) The retained farm parcel shall be deemed to comply with the minimum lot
area and lot frontage provisions of the General Agriculture (AG1) Zone.
25.2
*
Surplus Residence Parcel from a Surplus Farm Residence Severance
Notwithstanding the provisions of the Agriculture Residential (AG3) Zone, on
those lands identified with Special Provision 25.2:
a) The surplus farm residence parcel shall be deemed to comply with the
minimum lot area and lot frontage provisions of the Agricultural
Residential (AG3) Zone.
25.3
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, on those
lands identified with Special Provision 25.3 a parochial school serving the horse-
drawn carriage community is permitted and all residential use is prohibited.
25.4
By-law 2010-95 CON 3 PT LOTS 2 & 3 [1371 Grey Ox Ave]
Notwithstanding the provisions of the Zoning By-law, on those lands
identified with Special Provision 25.4 a 'kennel' shall be a permitted use
in accordance with Township of Huron-Kinloss By-law 2010-10 - Animal
Control Kennel Licensing, in addition to the permitted uses identified in
the applicable parent zone regulations.
25.5
By-law No. 19-1990 KINLOSS CON 1 PT OF LOTS 53 & 54
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within
the land identified with Special Provision 25.5, described as Part of Lots 53
and 54, Concession 1, Kinloss, the existing farm building may be used for the
purposes of a livestock assembly yard.
25.6
By-law No. 24-1990 KINLOSS CON 1 LOTS 51 & 52
Notwithstanding the provisions of the Future Development (FD) Zone, within
the land identified with Special Provision 25.6, and described as Part of Lots
51 and 52, Concession 1, Kinloss, for the purpose of a kennel shall also be
permitted in compliance with the AG1 Zone and the following regulations:
August 13, 2018
a)
the total ground floor area of the entire kennel shall not exceed 184
square metres; and,
b)
'total ground floor area' shall be defined as all of that portion of the
kennel which is fully enclosed by walls and a roof.
25.7
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within
the land identified with Special Provision 25.7, the existing gun club is permitted.
25.8
By-law No. 2012-74 CON A PT LOT 60 RP; 3R641 PART 2
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.8 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this by-law,
excepting however, that:
i)
Permitted uses shall be limited to residential with one 'single
detached dwelling';
ii)
Minimum 'AR' lot area shall be no less than 0.2 hectares;
iii)
Minimum 'AR' lot width shall be no less than 35 metres;
iv)
'Single detached dwelling' is subject to the Environmental
Impact Study prepared by Beacon Environmental, dated
December 22, 2011 and further revised on February 14, 2012.
25.9
By-law No. 2015-77 PLAN 240 PARK LOTS 207 TO 209 [1635 & 1647 Bruce Rd 1]
Notwithstanding the provisions of the Residential One (R1) Zone, the land
identified with Special Provision 25.9 shall be used in compliance with the
'R1' zone provisions contained in this By-law, excepting however that:
i)
The number of entrances onto Bruce Road 1 shall be limited to two
(2) entrances. Entrances shall be defined as a vehicular passageway
connected to Bruce Road 1 providing ingress and egress from the lot.
25.10
91
By-law No. 2016-82 CON 1 PT OF LOT 11 & 12 [220 Bruce Rd 86]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.10 shall be used in compliance with
the 'AG1' zone provisions contained in this By-law, excepting however that:
i.
In addition to the uses permitted in Section 6.1 'Farm Business' a
'Feed and Seed' business shall be permitted;
ii.
The Feed and Seed Business shall be subject to the following conditions:
a)
The Feed and Seed business may be conducted within an
Accessory Building with a maximum building floor area of 930
square metres (10,000 square feet);
b)
With the exception of five (5) addition employees, the Feed
and Seed business is to be carried out only by the person
who resides in the farm residence;
c)
The side, front and rear yard setbacks of the Accessory
Building shall be no more than 20 metres;
d)
No outdoor storage shall be permitted unless fully enclosed
by a fence or other appropriate enclosure in order that such
storage is not visible from the street; and,
August 13, 2018
e)
No display of goods or advertising other than a plate or sign
which is no larger than 0.4 square metres (4.3 square feet) in
area and is non-flashing and shall be permitted in the front
yard.
iii.
All other Permitted Uses and policies of Section 6.0 (General
Agriculture) shall apply.
25.11
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.11 as described as Part of Lot 36,
Concession 6, Huron the processing and sale of dairy products is permitted.
25.12
By-law No. 24-1994 KINLOSS CON 5 PT OF LOT 5
Notwithstanding the provisions of the General Agriculture (AG1) Zone,
within the land identified with Special Provision 25.12 as described as Part
of Lot 5, Concession 5, Kinloss a millwright establishment is permitted as a
Farm Home Industry in accordance with the provisions of Section 4.11 and
Section 6.2 excepting that:
i)
a maximum of two additional employees other than the person who
resides in the farm residence shall be permitted and,
ii)
a maximum of 185.8 square metres of building floor area within an
accessory building is permitted.
25.13
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within
the land identified with Special Provision 25.13 and as described below, no
residential use shall be permitted and all structures existing at the date of
the passing of this By-law shall be prohibited from housing livestock.
a)
Part of Lots 34 and 35, Concession 10, Huron.
b)
Part of Lot 35, Concession 4, Huron.
25.14
By-law No. 2010-76 CON 10 W PT LOT 19 [Statters Lake Ave]
Notwithstanding the provisions of the General Agriculture (AG1) Zone,
within the land identified with Special Provision 25.14 and as described
below, no buildings are permitted.
a) Part of Lot 28, Concession 6, Kinloss.
25.15
By-law No. 2007-51 KINLOSS CON 1 PT LOTS 3 & 4
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
the land identified with Special Provision 25.15 shall be used in
accordance with the AG1 zone, excepting however that:
i)
The minimum lot area shall be no less than 4.05 hectares.
25.16
92
By-law No. 2001-97 CON 1 LOTS 62, 63 & 64
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision 25.16 shall be used for a single detached
dwelling in accordance with the 'AG1' zone provisions excepting however that:
i)
No livestock and/or poultry shall be permitted on the subject lands.
94
August 13, 2018
ii)
the 'minimum lot frontage' shall be 15 metres (50) feet.
25.17
By-law No. 2001-98 CON 5 LOT 24
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.17 shall be used for a single
detached dwelling in accordance with the 'AG1' zone provisions excepting
however that:
i)
No livestock and/or poultry shall be permitted on the subject lands.
ii)
Notwithstanding the setback requirements of Section 4.28
"Setbacks - Watercourse and Municipal Drain" the setbacks for
existing buildings and structures shall be no less than as they
existed on the date of passage of this By-Law.
25.18
By-law No. 2001-109 CON 1 S PT LOTS 21,22 & 23
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.18 shall only be used for the
purposes of 'Farm Implement and Equipment Establishment' in
accordance with the 'AG1' zone provisions contained in this By-law,
excepting however that:
i)
all 'Residential Uses' or 'Accessory Residential Uses' shall be prohibited;
ii)
there shall be no outside storage of goods, materials or equipment
unless fully enclosed by a fence or other enclosure which provides
visual screening;
iii)
the 'minimum lot area' shall be no less than 2322 square metres
(24,995 square feet);
iv)
the 'maximum retail floor area' shall not exceed 148.8 square
metres (1,602 square feet);
v)
the 'minimum side yard' shall be no less than 2 metres (6.6 feet);
vi)
the 'minimum front yard' shall be no less than 28.3 metres (92.8 feet);
vii)
the 'minimum rear yard' shall be no less than 2.5 metres (8.2 feet; and
viii)
"FARM IMPLEMENT & EQUIPMENT ESTABLISHMENT" shall mean
the use of land, buildings or structures for the repair and servicing of
agricultural equipment and machinery, and the repair and servicing
of farm plated vehicles and trailers used in direct association by an
agricultural operation, but shall not include any other automobile or
commercial motor vehicle use defined in this By-law.
25.19
By-law No. 2002-41 CON 12 PT LOT 9 & 10
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.19 shall only be used for the
following Permitted Uses: Existing Single Detached Dwelling; Bed &
Breakfast Establishment, Home Business - Domestic and Household Arts,
Home Business - Professional in accordance with the 'AG' zone provisions
contained in this By-law, excepting however that:
i)
the minimum lot area shall be no less than 37 hectares;
ii)
all other provisions shall be in accordance with Section 6.2;
iii)
Section 4.21 Number of Dwellings per Lot shall not apply;
iv)
Section 4.34 Two or More Uses on a Lot shall not apply.
August 13, 2018
25.20
By-law No.2000-29 HURON CON 3 PT OF LOTS 26 & 27
Notwithstanding the provisions of the General Agriculture (AG1) Zone,
within the land identified with Special Provision 25.20 as described as Part
of Lots 26 and 27, Concession 3, Huron, the existing grain handling and
drying facility is permitted. (OMB approved)
25.21
By-law No. 2005-84 CON 2 PT OF LOT 37
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.21 shall be used in accordance
with the 'AG1' zone provisions excepting however that:
i)
The number of livestock units shall be limited to 1.24 livestock units
per hectare;
ii)
The minimum lot area shall be no less than 0.49 ha;
iii)
The minimum lot width shall be no less than 60.96 m;
iv)
The minimum side yard setback for the 9.29m2 detached shed shall
be no less than as it existed on the date of passage of the By-law;
v)
The distance between the detached dwelling and the 9.29m2
detached shed shall be no less than as it existed on the date of
passage of the By-law.
By-law No. 2006-100 & By-law No. 2006-144 CON 4 W PT OF LOT 25
25.22
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.22 may also be used for a 'Farm
Lot' purposes in compliance with the 'AG1' zone provisions contained in
this By-law, excepting however, that:
i)
An electrical substation shall be a permitted use;
ii)
For the purposes of this By-law, the lot lines are as follows:
a.
the Front Lot Line shall be deemed to be the westerly 'AG-57-H'
One line;
b.
the Rear Lot Line shall be deemed to be the easterly 'AG-57-H'
One line.
iii)
For the purposes of this By-law, the following setbacks shall apply:
a.
the Front Yard Setback shall be no less than 20m;
b.
the Rear Yard Setback shall be no less than 10m; and
c.
the Side Yard Setback shall be no less than 4m.
iv)
The lands shall be subject to Site Plan Control.
By-law No. 2007-49 CON 4 LOT 25
25.23
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.23 shall be used in compliance
with the 'AG' Provisions contained in this By-law, excepting, however, that:
i)
The permitted uses shall be limited to a church, school and
cemetery serving the local 'horse-drawn carriage community'.
ii)
The local 'horse-drawn carriage community' shall be defined as:
HORSE-DRAWN CARRIAGE COMMUNITY: shall mean a group of
people whose primary mode of transportation is by the use of a
94
horse or horses and a carriage.
96
August 13, 2018
25.24
By-law No. 1988-17 & By-law No. 1996-23
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within
the land identified with Special Provision 25.24 a church serving the horse-
drawn carriage community is permitted and all residential use is prohibited.
a)
Part of Lot 14, Concession 7, Kinloss all buildings, structures,
driveways or parking areas shall be setback 30 metres from the
westerly lot line.
b)
Part of Lot 3, Concession 11, Kinloss
*
25.25
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within
the land identified with Special Provision 25.25 and as described below, the
existing institutional use is permitted and all residential use is prohibited:
a)
Part of Lot 5, Concession 11, Huron, the existing use is the Purple
Grove Community Centre.
b)
Part of Lot 13, Range 1 South, Kinloss, the existing use is the
Kinloss Community Centre.
25.26
(Not used)
25.27
By-law No. 2007-51 & By-law No. 2009-115 KINLOSS CON 1 PT LOTS 3 & 4
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.27 shall be used in accordance
with the 'AG1' zone provisions excepting however, that:
i)
The minimum total lot area shall be no less than 2.78 hectares;
ii)
An existing and service and repair shop for farm equipment and
trucks is a permitted use;
iii)
new residential buildings and/or structures are prohibited.
25.28
By-law No. 2007-94 HURON CON 6 N PT LOT 8
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.28 and described as North Part
Lot 8, Concession 6, geographic Township of Huron, may be used for
'Farm Lot' purposes in compliance with the 'AG1' zone provisions
contained in this By-law, excepting however, that:
i)
The construction of any new residential buildings and/or structures
shall be prohibited; and
ii)
The minimum lot area shall be no less than 33.8 ha (83.54 ac).
25.29
By-law No. 2008-85 CON 5 LOT 14 [773 Kairshea Ave]
Notwithstanding the provisions of the General Agriculture (AG1) Zone,
within the land identified with Special Provision 25.29 shall be used in
compliance with the 'AG1' provisions contained in this By-law, excepting,
however, that:
i)
The permitted uses shall be limited to a school serving the local
'horse-drawn carriage community'.
ii)
The local 'horse-drawn carriage community' shall be defined as:
August 13, 2018
HORSE-DRAWN CARRIAGE COMMUNITY: shall mean a group of people whose
primary mode of transportation is by the use of a horse or horses and a carriage.
25.30
By-law No. 2017-68 CON 8 PT OF LOT 17 RP; 8772 PART 2 [2054 Bruce Rd 6]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.30 as described as Part Lot 17,
Concession 8, geographical Township of Kinloss, shall be used in
compliance with the 'AG1' zone provisions contained in this By-law,
excepting however:
i)
In addition to the permitted uses in the AG1 zone, a "Industrial Use'
shall also be permitted as a 'Farm Home Industry';
ii)
The maximum 'Ground Floor Area' of the 'Farm Home Industry' and
buildings accessory to the 'Farm Home Industry' shall be no greater
than 605m2 (6516 sq. ft.);
iii)
The 'Minimum Side Yard' for any/all principal building and buildings
accessory to the 'Farm Business' shall be no less than 10.67 m (35 ft);
iv)
Three (3) parking spaces shall be provided;
v)
The principle buildings and buildings accessory to the 'Farm Home
Industry' shall be located within 100 m (328 ft.) of a Single Detached
Dwelling if one is located on the lot;
vi)
'Outdoor Storage' is not permitted unless fully enclosed by a fence
or other appropriate enclosure in order that such 'Outdoor Storage'
is not visible from the street;
vii)
No display or storage of finished goods, equipment, etc. is permitted
in the 'Front Yard';
viii) No display or storage of finished goods, equipment, etc. is permitted
in the 'Front Yard';
ix)
No advertising, other than a plate or sign which is no larger than 0.4
m2 (4.3 sq. ft.) in area, non-flashing, is permitted in the 'Front Yard';
x)
The 'Minimum Lot Area' shall be no less than 20.24 ha (50 ac);
xi)
Buildings and structures existing as of May 8, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures or additional to existing buildings and
structures, shall comply with the 'AG1 - General Agriculture' and
'General' provisions of this By-law.
25.31
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, within the
land identified with Special Provision 25.31 the existing residential lots are permitted.
25.32
96
By-law No. 2010-93 RANGE 1 NDR LOTS 13,14 & 15 [4286 Highway 9]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.32 may be used for 'Non-farm Lot'
purposes in compliance with the 'AG1' zone provisions contained in this
By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.24 livestock units
per ha (0.5 units per ac); and,
ii)
Minimum Distance Separation Formula 1 shall be no less than 130
metres to the nearest livestock facility.
98
August 13, 2018
25.33
By-law No. 2011-44 CON 5 LOT 37 [43 Concession 6 W]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.33 may be used for 'Non-farm
Residential' purposes in compliance with the 'AG1' zone provisions
contained in this by-law, excepting however, that:
i)
The number of livestock units shall be limited to two (2) livestock units.
25.34
By-law No. 2011-46 CON 1 PT LOTS 37 TO 40 [760 Bruce Rd 86]
Notwithstanding the provisions of the Agriculture Rural (AG4) Zone, the
land identified with Special Provision 25.34 may be used for purposes in
compliance with the 'AG4 zone provisions contained in this by-law,
excepting however, that:
i)
Permitted uses shall be an 'agriculturally related retail store',
'assembly hall', 'restaurant', and 'tourist lodging' in addition to all
other uses permitted in the 'AG4' zone;
ii)
Minimum lot area shall be no less than 31 hectares; and,
iii)
The lands shall be subject to Site Plan Control.
25.35
By-law No. 2012-09 CON 8 PT OF LOT 35
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.35 may be used only for:
i)
a single detached residential use.
25.36
By-law No. 2011-110 CON 4 LOTS 9 & 10 [1106 Grey Ox Ave]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.36 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this by-law,
excepting however that:
i)
The permitted uses shall be limited to a 'place of worship' and
'cemetery' serving the local 'horse-drawn carriage community';
ii)
the local 'horse-drawn carriage community' shall be defined as:
'HORSE DRAWN CARRIAGE COMMUNITY' shall mean a group of
people whose primary mode of transportation is by the use of a
horse or horses and a carriage; and
iii)
Site Plan Control shall apply.
25.37
By-law No. 2011-113 CON 9 LOT 5 [797 Statters Lake Ave]
Notwithstanding the provisions of the Agriculture Residential (AG3) Zone,
the land identified with Special Provision 25.37 may be used for purposes
in compliance with the 'AG3' zone provisions contained in this by-law,
excepting however, that:
i)
The number of livestock units shall be limited to 1.24 livestock units
per ha (0.5 units per ac); and
ii)
Minimum Distance Separation Formula 1 shall be no less than 184
metres to the nearest livestock facility.
25.38
By-law No. 2012-35 CON 11 PT LOT 37 RP; 3R5720 PT 3 & 4 [2285 Concession 12]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision 25.38 and a Holding Zone may be
August 13, 2018
used for purposes in compliance with the 'AG1' zone provisions contained
in this by-law, excepting however, that:
i)
The permitted uses shall be limited to a 'single detached dwelling'
and 'accessory uses';
ii)
Minimum lot area shall be no less than 0.2 hectares;
iii)
Minimum lot width shall be no less than 31 metres;
iv)
Minimum front yard shall be no less than 7.5 metres;
v)
Minimum rear yard shall be no less than 10.0 metres;
vi)
Minimum side yard shall be no less than 1.5 metres;
vii)
Minimum side yard, unattached garage, shall be no less than 3.0 metres;
viii)
Maximum building height shall be no greater than 10 metres;
ix)
Maximum lot coverage shall not exceed 20%;
x)
Sanitary services shall be limited to a private tertiary sewage
system, as identified in Part 8: Class Sewage System of the Ontario
Building Code and to be used in perpetuity;
xi)
'Single detached dwelling' and 'accessory uses' shall be prohibited
until the 'H' provision is removed. The 'H' provision may be
removed once the following conditions have been met:
1)
A 0.3 metre reserve as shown on Registered Plan 3R-6293
as Part 7 is transferred to the Township of Huron-Kinloss and
incorporated as required into the Township road system;
2)
Consent certification has been granted by the Approval
Authority of the County of Bruce.
25.39
98
By-law No. 2012-46 CON 4 LOT 30 [455 Wolfe St]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.39 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this by-law,
excepting however, that:
i)
The permitted uses shall be limited to the outdoor storage of
construction equipment, fleet vehicles, and materials related to
construction and excavating; a 'construction and excavation
business'; 'snow removal business'; and 'limousine and chauffeured
transportation business'; 'general agriculture'; and a 'Dwelling,
Single Detached'.
ii)
For the purposes of this By-law, a 'construction and excavation
business' shall be defined as the art, trade or work of constructing a
building and/or structure and the digging or removing of soil for
profit with various heavy equipment and with an accessory office.
iii)
For the purposes of this By-law, a 'snow removal business' shall be
defined as the clearing and removal of snow, ice and frost from a
surface for profit with heavy equipment and with an accessory
office.
iv)
For the purposes of this by-Law, a 'limousine and chauffeured
transportation business' shall be defined as a commercial car
service providing driving services and with an accessory office.
August 13, 2018
25.40
v)
Up to a maximum of twelve (12) employees shall be employed in all
three businesses on a full-time basis and up to four (4) employees
shall be employed in all three businesses on a part-time basis.
vi)
Minimum lot width shall be no less than 20 metres;
vii)
A maximum of 550.5 square metres (6,000 square feet) of building
floor area within accessory building(s) shall be devoted to all three
businesses.
viii)
Outdoor storage of equipment shall be fully enclosed by a fence of other
appropriate enclosure to ensure storage is not visible from a street.
ix)
Stock piling of aggregate and soils shall not be located within 15
metres from the Provincially Significant Wetland boundary; and,
x)
Stock piling of materials (other than clean aggregates and soils)
shall not be located within 120 metres of the Provincially Significant
Wetland boundary.
By-law No. 2012-75 CON 8 PT LOT 18 RP; 3R2723 PART 11
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.40 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this by-law,
excepting however, that;
i)
A 'kennel' shall be a permitted use in accordance with 'Township of
Huron-Kinloss By-law No. 2010-10 - Animal Control Kennel
Licensing', in addition to all other 'AG1' permitted uses;
ii)
The 'kennel' shall employ no more than one employee who is not
the manager or caretaker of the 'kennel';
iii)
The 'kennel' shall be limited to an accessory building and outdoor
yards;
iv)
Total floor area devoted to the 'kennel' within an accessory building
shall be no greater than 100 square metres;
v)
No outdoor storage; and,
vi)
A solid, enclosed fence, with a minimum height of 1.82 metres shall
be provided in association with the 'kennel'.
25.41
By-law No. 2013-14 RANGE 1 NDR LOTS 11 & 12 [4326 Highway 9]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.41 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this by-law,
excepting however, that;
i)
Residential use shall be prohibited; and,
ii)
Minimum lot area shall be no less than 36.4 hectares.
25.42
99
By-law No. 2013-35 CON 3 LOT 33 [2783 Concession 4]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.42 may be used for purposes in
compliance with the 'AG1' zone provisions contained in this By-law,
excepting however, that:
i)
A 'single detached dwelling' shall be permitted;
ii)
Minimum rear yard setback shall be no less than 3.0 m (10.0 ft.);
August 13, 2018
iii)
The number of livestock units shall be limited to 1.24 livestock units per
ha (0.5 units per ac); and,
iv)
Notwithstanding Section 4.17 the Minimum Distance Separation I
setback shall be no less than 185.0 m (607.0 ft.) to a livestock facility
located at Lot 33, Concession 4, geographic Township of Huron (2768
Concession 4).
25.43
By-law No. 2013-98 CON 12 S PT LOT 8 [1114 Concession 12] Notwithstanding the
provisions of the General Agriculture (AG1) Zone, the land identified with Special Provision
25.43 may be used for the purposes in compliance with the 'AG1' zone provisions contained
in this By-law, excepting however, that:
i)
A 'single detached dwelling' shall be permitted;
ii) Minimum lot area shall be 1.0 ha (2.47 ac);
iii) Minimum lot width shall be no less than 62.0 m (203.4 ft.);
iv) Minimum rear yard setback shall be no less than 3.0 m (10.0 ft.) for the existing barn;
and,
v) The number of livestock units shall be limited to 1.24 livestock units per ha (0.5 units
per ac).
25.44
By-law No. 2014-65 CON 1 PT OF LOTS 37 & 38 [760 Bruce Rd
By-Law No. 2024-37 CON 1 PT LOTS 37 to; 40 ( 760 Bruce Road 86
Notwithstanding the provisions of the Agriculture Rural (AG4) Zone, the land identified
with Special Provision 25.44 may be used for the purposes in compliance with the 'AG4
zone provisions contained in this By-law, excepting however, that:
i)
The following on farm diversified uses shall be permitted: farm tours; a farm market and
café; an event centre with commerical kitchen for cooking classes; food preparations for the
café or catering weddings or other events; a health and beauty spa; Nanobrewery; and a
maximum of three (3) farm vacation cabins each with a maximum of ground floor area of 56
square meters are permitted. The cabins shall be designed to be portable and the
maximum length of the rental term shall be 10 days.
ii)
For the purposes of this by-law a 'Nanobrewery' shall be defined as the use of buildings,
structures and/or facilities devoted to the manufacturing of less than 300,000 litres per year,
cooling, bottling, storage, consumption, sale, transporting of beer and beer-related
products, whether alcoholic or non-alcoholic, in compliance with ongoing, relevant provincial
and/or federal policy and regulations. A nanobrewery may also include the preparation,
offering for sale, and consumption of food or drinks including alcoholic drinks; entertainment
and hosting of events; and tours of the facility
iii)
The minimum side yard to a commercial building shall be 0 metres (0 ft.) from the westerly
boundary of the 'AG-105' zoned area on the property.
By-law No. 2014-76 CON 8 LOT 16 [2126 Bruce Rd 6]
25.45
Notwithstanding the provisions of the Environmental Protection (EP) Zone, the
land identified with Special Provision 25.45 may be used for the purposes in
compliance with the 'EP' Zone provisions contained in this By- law, excepting
however, that:
i)
A 'Parochial School' servicing the horse-drawn carriage community is
permitted and all residential use is prohibited;
August 13, 2018
ii)
The minimum lot frontage shall be 21 metres;
iii)
The minimum lot area shall be 1580 square metres.
25.46
By-law No. 2015-10 CON 7 LOT 22 [3631 Bruce Rd 6]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision 25.46 with a Holding Provision may be used for
the purposes in compliance with the 'AG1' Zone provisions contained in this By-
law, excepting however, that:
i)
No residential use shall be permitted;
ii)
Site alteration and development shall not be permitted prior to
removal of the 'H - holding' provision. Council may consider
removal of the 'H - Holding' in accordance with the Planning
Act, R.S.O. 1990, once it is satisfied that an Archaeological
Assessment has been provided by a qualified individual and that
the Ministry of Culture, Tourism and Sport has accepted and
registered the assessment, if required.
25.47
By-law No. 2015-10 CON 7 LOT 22 [3631 Bruce Rd 6]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.47 may be used for the purposes
in compliance with the 'AG1' Zone provisions contained in this By-law,
excepting however, that:
i)
The number of livestock units shall be limited to 1.24 livestock units
per hectare (0.5 units per acre);
ii)
Notwithstanding Section 4.17 (ii) the Minimum Distance Separation I
setback shall be no less than 132 metres (433 feet) to a livestock
facility located at W Part Lot 22, Concession 8, geographic Township
of Huron, [3636 Bruce Road 6], Township of Huron-Kinloss.
25.48
By-law No. 2015-56 CON 10 LOTS 16 & 17
Prior to the removal of the 'H - Holding' provision, lot grading; excavation;
site alteration and development shall be prohibited. Council may consider
removal of the 'H - Holding' provision in accordance with the Planning Act,
R.S.O.1990, only upon:
a)
Approval by the Zoning Administrator that an Archaeological
Assessment has been:
i.
Conducted by an archaeologist licensed in the Province of
Ontario; and,
ii.
Confirmed by the appropriate Ministry to have been accepted
into the Ontario Public Register of Archaeological Reports.
b)
Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological report (if any) have been implemented.
August 13, 2018
25.49
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w No. 2015-72 CON 8 LOT 1 ( 843 Huron-Kinloss)
Notwithstanding the provisions of the General Agriculture (AG1) Zone,
the land identified with Special Provision 25.49 shall be used in
compliance with the 'AG1' zone provisions contained in this By-law,
excepting however that:
i)
That, in addition to the permitted uses in the 'AG1'
Zone, a 'machine shop' be a permitted use on the
property subject to the 'Farm Home Industry'
provisions in Section 4.11;
ii)
That total Building Floor Area of the 'Farm Home
Industry' located in an accessory building shall
be no larger than 265 m2;
iii)
The accessory building containing the 'Farm
Home Industry' shall be located no further than
45 m away from the building cluster as
determined by the Chief Building Official; and,
iv)
All other policies of Section 4.11 Farm Home Industry and
Section
6.0 AG1 - General Agriculture Zone shall apply.
25.50
By-law No. 2016-45 CON 2 LOT 19 [880 South Kinloss Ave]
Notwithstanding the provisions of the General Agriculture (AG1)
Zone, the land identified with Special Provision 25.50 shall be used
in compliance with the 'AG1' zone provisions contained in this By-
law, excepting however that:
i.
A parochial school serving the horse-drawn carriage community is
permitted and all residential uses is permitted;
ii.
That the side yard be no less than 18 m; and,
iii.
That the front yard be no less than 15 m.
25.51
By-law No. 2016-106 CON 2 NDR RANGE 1 & 2 PT OF LOTS 13 TO 15
[1855 Bruce Rd 1 & 4286 Highway 9]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision 25.51 shall be used in compliance with
the 'AG' zone provisions contained in this By-law, excepting however that:
i.
The number of nutrient units shall be limited to 1.25 units per hectare;
ii. The Minimum Distance Separation between the subject lands and the
barns located at Lot 35, Concession 4, geographic Township of Greenock,
Municipality of Brockton, shall be no less than 110 metres; and,
iv. Buildings and structures existing as of November 14, 2016 which do
not comply with the provisions of this By-law are hereby recognized.
All future buildings and structures, or additions to existing buildings
and structures, shall comply with the provisions of the By-law.
25.52
By-law No. 2001-88 3RD RANGE S DURHAM ROAD LOTS 21 AND
22 By-law No. 2001-89 CON 12 PT LOT 11
Notwithstanding the provisions of the Environmental Protection (EP) Zone,
within the land identified with Special Provision 25.52 the permitted uses
August 13, 2018
shall be limited to passive recreation and only structures accessory for
flood and/or erosion control purposes.
25.53
*
Notwithstanding the provisions of the Environmental Protection (EP) Zone,
within the land identified with Special Provision 25.53 the existing commercial /
warehouse uses are permitted. Any expansion of these uses will be in
accordance with the appropriate General Commercial zone regulations for the
existing use and will require a construction permit from the Maitland Valley
Conservation Authority prior to the issuance of a building permit.
25.54
*
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision 25.54 may be used for purposes in compliance
with the 'AG1' Zone excepting however, that the number of livestock units shall
be limited to 2.48 nutrient units per ha (1 nutrient unit per ac).
25.55
By-law No. 2011-93 CON 1 N PT LOT 61 [119 Bruce Road 1]
Notwithstanding the provisions of the Environmental Protection (EP) Zone,
the land identified with Special Provision 25.55 may be used for purposes
in compliance with the 'EP' zone provisions contained in this by-law,
excepting however, that:
i)
A 'tradesman or contractor's establishment' shall be a permitted use;
ii) The minimum front, rear and side yard setbacks shall be as existed at
the date of passage of the zoning by-law;
iii) Outdoor storage shall be prohibited; and,
v) Any development and/or alteration shall be reviewed by Maitland Valley
Conservation Authority.
August 13, 2018
25.56
By-law No. 2002-41 CON 12 PT LOTS 9 AND 10
Notwithstanding the provisions of the Extractive Resource (ER) Zone,
the land identified with Special Provision 25.56 shall be used in
accordance with the 'ER' zone provisions contained in this By-law,
excepting however that:
i)
Section 4.21 Number of Dwellings per Lot shall not apply;
ii) Section 4.34 Two or More Uses on a Lot shall not apply;
iii) An Accessory Residential Use shall be a Permitted Use;
iv) No part of any excavation shall be located closer than 70 metres to
any dwelling unit.
25.57
By-law No. 2003-13 CON 1 PT OF LOTS 53, 54 AND 55
Notwithstanding the provisions of the Extractive Resource (ER) Zone, the
land identified with Special Provision 25.57 may be used in accordance
with the Permitted Uses and Zone Provisions of the 'ER' zone, excepting
however that:
i)
A planting area having a minimum width of 15 m (50 feet) and
consisting of a dense screen of shrubs and evergreen trees, a
minimum of 1 m (3 feet) high when planted and of a type that will
attain a minimum height of 6 m (20 feet) at maturity shall be planted
and maintained along the street line except for entrances and exits.
ii)
That the 'H - Holding' provision on lands to be zoned 'ER-2-H' shall
only be removed once the following conditions have been met:
a)
A 'Site Plan Agreement' as per Section 41(7)(c) has been
registered as per Section 41(10) of the Planning Act RSO
990 as amended.
25.58
*
Notwithstanding the provisions of the Open Space (OS) Zone, the land
identified with Special Provision 25.58 shall only be used for a waste
disposal site, and all residential uses are prohibited.
a)
Part of Lots 19 and 20, Concession 5, Huron.
b)
Part of Lot 16, Concession 6, Kinloss.
25.59
* HURON CON 12 PT OF LOTS 36 AND 37
Notwithstanding the provisions of the Open Space (OS) Zone, the land
identified with Special Provision 25.59 and as described below shall only
be used for a golf course with clubhouse and maintenance buildings.
25.60
By-law No. 15-1985
Notwithstanding the provisions of the Open Space (OS) Zone, the land
identified with Special Provision 25.60 as described as Part of Lots 20, 21,
22, 23, 24 and 25, Range 2, S.D.R. Kinloss shall only be used for the
purpose of a church camp as it existed on the 6th day of August, 1985.
25.61
*
Notwithstanding the provisions of the Open Space (OS) Zone, the land
identified with Special Provision 25.61 and described as Part of Lot 21,
Range 1 South shall only be used for a wilderness campground to
accommodate unserviced campsites for short term use associated with the
103
Silver Lake Campground is permitted.
August 13, 2018
25.62
By-law No. 2017-66 CON 10 LOT 4 [816 Statters Lake Ave]
By-law No. 2017-67 CON 5 E PT OF LOT 18 [2039 Concession 6 E]
Notwithstanding the provisions of the General Agricultural (AG1) zone, on
those lands identified with Special Provision 25.62 shall be used in
accordance with the 'AG1' zone provisions contained in this By-law
excepting however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii)
Buildings and structures existing as of May 8, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of this By-law.
25.63
By-law No. 2017-38 CON 10 LOT 28 [2094 Concession 10]
Notwithstanding the provisions of the General Agricultural (AG1) zone, on
those lands identified with Special Provision 25.63 shall be used in
accordance with the 'AG1' zone provisions contained in this By-law
excepting however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii)
Buildings and structures existing as of March 13, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of this By-law.
25.64
*
Notwithstanding their 'OS' Zoning designation, those lands described as
Part of Lots 36 and 37, Concession 12, in the Township of Huron and
identified with Special Provision 25.64 may only be used for residential
purposes in compliance with the 'R1' Zone provisions contained in this By-
law, excepting however that:
i)
The 'Minimum Lot Area' shall be 0.86 acres;
ii)
The 'Minimum Lot Frontage' shall be 285 feet;
iii)
For the purposes of this Subsection, 'Lot Area' shall be defined as
the total horizontal area within the lot lines of the lot.
25.65
*
Notwithstanding the provisions of the Institutional (I) Zone, the land
identified with Special Provision 25.65 and as described below, a
Wastewater Treatment Pumping Station shall be permitted and all other
institutional uses are prohibited.
a)
Part of Lot 15, Concession 7, Huron
b)
Part of Block P, Mill Site No. 3, Village of Lucknow
25.66
*
Notwithstanding the provisions of the Institutional (I) Zone, the land
identified with Special Provision 25.66 and as described below a
wastewater treatment facility (lagoon system) shall be a permitted use and
all other Institutional uses are prohibited.
a)
Part of Lot 14, Concession 7, Huron
b)
Part Lot 54, Concession 1, Kinloss
104
105
August 13, 2018
25.67
By-law No. 2002-37 PLAN 142 LOT 59 AND PT LOTS 157 & 158
Notwithstanding the provisions of the Institutional (I) Zone, the land
identified with Special Provision 25.67 and described as Lot 59 and Part
Lots 157 and 158, Registered Plan 142, former Village of Ripley, non-
residential uses are permitted in accordance with the provisions of Section
20.2 and the following exceptions:
a)
the non-residential uses shall be limited to a public library, private
club, clinic, post office, government administrative office, a place of
worship or park;
b)
the minimum rear yard shall be 1.524 metres;
c)
the minimum exterior side yard shall be 0.3 metres
d)
Section 5.1 Parking Requirements shall not apply; and
e)
a planting area in accordance with Section 4.24 or a solid wood fence
shall be constructed along the full length of the rear (westerly) lot line.
25.68
*
Within the land zoned I-25.68(f), hospitals, child care centres and the
residential uses in Section 20.1 are not permitted.
25.69
By-law No. 2009-18 PLAN 49 LOTS 346 TO 348 ELGIN N/S
Notwithstanding their 'l(f)' Zoning designation, those lands delineated as 'l-
25.69(f)' may be used in compliance with the 'I' zone provisions contained
in this By-law, excepting however, that:
i)
A Site Plan Control Agreement shall be registered on title.
25.70
*
Notwithstanding the provisions of the Residential (R1) Zone, within the land
identified with Special Provision 25.70 a health and beauty spa is permitted.
25.71
*
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.71 a converted dwelling and
accessory uses and buildings are permitted in compliance with the R1
Zone regulations and the following requirements:
a)
A home business shall not be permitted as part of any dwelling
unit contained within the converted dwelling;
b)
The minimum gross floor area for a dwelling within a converted
dwelling shall be 40 square metres.
25.72
By-law No. 2010-101 LAKE RANGE LOT 65
Notwithstanding the provisions of the Residential (R1) Zone, within the land
identified with Special Provision 25.72 a single detached dwelling, detached garage
and accessory building is permitted in compliance with the following regulations:
i)
Minimum lot area of 550 square metres;
ii)
Minimum lot width of 15 m;
iii) Minimum front yard of 5 m;
iv) Minimum rear yard of 7.5 m;
v)
Minimum side yard of 1.5 m for one storey, plus 0.6 m for each additional storey;
vi)
Minimum exterior side yard of 4 m;
August 13, 2018
vii) Minimum interior side yard, detached garage of 1.5 m;
viii) Minimum exterior side yard, detached garage of 3 m;
ix)
Maximum building height of 8 m;
x)
Maximum accessory building and detached garage building height of 4 m; and,
xi)
Maximum lot coverage of 40%.
25.73
By-law No. 2004-29 PLAN 43 PT OF PARK LOT 19 RP 3R4334 PART 10
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.73 and described as Part of Park,
Lot 19, Plan 43, Part 10, Plan 3R4334 former Village of Lucknow, the
following special provisions apply:
a)
the minimum interior side yard setback shall be 7.6 metres; and
b)
the minimum exterior side yard shall be 3.0 metres
25.74
*
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.74 the existing truck transportation
terminal is permitted.
25.75
By-law No. 2002-37 PLAN 142 LOT 59 AND PT LOT 157 & 158
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.75 and described as Lot 59 and
Part of Lots 157 and 158, Registered Plan 142, former Village of Ripley,
residential uses are permitted in accordance with the provisions of Section
12.3 and the following provisions:
a)
the minimum lot width shall be 15.5 metres; and
b)
the minimum front yard shall be 5.79 metres
25.76
*
Notwithstanding the provisions of the Residential (R1) Zone, within the land
identified with Special Provision 25.76 and described as Part Lot 10, Concession
11, Part Lot 131, Registered Plan 231, a kennel is permitted in addition to the
residential uses permitted in accordance with the provisions of Section 12.3.
25.77
By-law No. 2017-93 PLAN 232 PT LOTS 216, 217 AND 218 [32 Huron St]
Notwithstanding the provisions of the Residential (R2) Zone, within the
land identified with Special Provision 25.77 may be used for the purposes
in compliance with the 'R2' Zone provisions contained in this by-law,
excepting, however, that:
i)
The minimum exterior side yard shall be no less than 4.5 metres
ii)
Section 4.25 'Setbacks from Provincial and County Roadsꞏ and
Railways' shall not apply.
25.78
By-law No. 2017-93 PLAN 232 PT LOTS 216, 217 AND 218 [32 Huron St]
Notwithstanding the provisions of the Residential (R2) Zone, within the
land identified with Special Provision 25.78 may be used for purposes in
compliance with the 'R2' Zone provisions contained in this By-law,
excepting however, that:
i)
the minimum front yard shall be no less than 4.5 metres; and
106
ii)
the minimum rear yard shall be no less than 1.5 metres.
August 13, 2018
25.79
By-law No. 2012-09 CON 7 PT OF LOT 16
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.79 may be used for purposes in
compliance with the 'R1' zone provisions contained in this by-Law,
excepting however, that:
i)
Minimum lot area shall be no less than 3,689 square metres;
ii)
Minimum front yard shall be no less than 1.7 metres;
iii)
Minimum side yard shall be no less than 0.6 metres; and,
iv)
Minimum rear yard shall be no less than 4 metres.
25.80
By-law No. 2005-28 CON A PT LOTS 53 AND 54
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.80 may be used for purposes
in compliance with the 'R1' zone provisions contained in this By-Law,
excepting however that:
i)
Minimum lot frontage is reduced to no less than 285. m (93.5 ft.);
ii)
Section 4.28 Watercourse Setbacks shall not apply.
25.81
By-law No. 2005-32 PLAN 20 E PT LOT 53 AND N PT LOT 54
Notwithstanding the provisions of the Residential (R1) Zone, within the
land identified with Special Provision 25.81 may be used for purposes in
compliance with the 'R1' zone provisions contained in this By-law,
excepting however that:
i)
The 'Minimum Lot Area' shall be no less than 368 square metres
(3961 square feet); and,
ii)
The minimum setbacks for all buildings and structures shall be less
than as they existed on the date of passage of this By-law.
25.82
(Not used)
25.83
By-law No. 2006-120 CON A PT LOTS 53 AND 54
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision 25.83 shall be used in accordance with the
'R1' provisions excepting however, that:
i)
The 'Minimum Lot Frontage' shall be no less than 27.5 metres (90.2 feet)
ii)
The 'Minimum Lot Area' shall be no less than 1645 square metres
(17,707 square feet).
25.84
By-law No. 2006-120 CON A PT LOTS 53 AND 54
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision 25.84 shall be used in accordance with the
'R1' provisions, excepting however, that:
i)
The 'Minimum Lot Frontage' shall be no less than 30.0 metres (98.4 feet);
ii)
The 'Minimum Lot Area' shall be no less than 1800 square metres
(19,376 square feet).
25.85
By-law No. 2006-120 CON A PT LOTS 53 AND 54
Notwithstanding their 'R1' zone, those lands delineated as 25.85 on
Schedule 'A' to this By-law, shall be used in accordance with the'R1'
provisions, excepting however, that:
i)
The 'Minimum Lot Frontage' shall be no less than 27.0 metres (88.6 feet);
107
August 13, 2018
25.86
By-law No. 2015-43 CON 7 PT LOT 14 AND PT LOTS 283 TO 285 PLAN
264 [3303 Bruce Road 6]
Notwithstanding their 'R1' zone, those lands delineated as 'R1-25.86-H'
shall be used in accordance with the 'R1' provisions. The 'H Holding'
restriction may be removed upon connection/provision of municipal sewer
and/or municipal water service to the lot. No building or structure shall be
permitted until such time as the 'H Holding' restriction is removed.
25.87
By-law No. 2017-35 PLAN 231 LOT 4, 45 and 46 [1242 Bruce Rd 1]
Notwithstanding their 'R1' zoning, those lands delineated as 'R1-25.87'
shall be used in compliance with the 'R1' zone provisions contained in this
By-law, excepting however:
i)
The minimum lot width shall be 20 metres (66 ft);
ii)
The minimum lot area shall be +/- 0.24 ha (0.6 ac);
iii)
Two (2) off-street parking spaces shall be required; and,
iv)
Buildings and structures existing as of March 13, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the 'R1 - Residential' and 'General'
provisions of this By-law.
25.88
By-law No. 2017-37 PLAN 226 PT LOT 1 [206 Bruce Road 86]
Notwithstanding their 'R1' zoning, those lands delineated as 'R1-25.88'
shall be used incompliance with the 'R1' zone provisions contained in this
By-law, excepting however:
i)
The minimum lot area shall be 0.16 ha (0.39 ac);
ii)
The minimum lot width shall be 40.2 m (132 ft);
iii)
The shed existing on the property as of March 13, 2017 shall only
be sued for storage purposes;
iv)
The driveway and/or parking spaces shall not be located off of
Bruce Road 86;
v)
Two (2) off-street parking spaces shall be required; and
vi)
Buildings and structures existing as of march 13, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the 'R1 - Residential' and 'General'
provisions of this By-law.
25.89
By-law No. 2008-53 CON A PT OF LOT 6 RP 3R3292 PART 1 [228 Huron Rd]
Notwithstanding their 'R2' zoning designation, those lands delineated as
'R2-25.89' on Schedule 'A' to this by-law may be used in compliance with the
'R2' zone provisions contained in this By-law, excepting however that:
i)
The 'Minimum Front Yard Setback' shall be no less than 6.98 m.
25.90
By-law No. 2005-50 PLAN 252 PT LOT 232 PARK S/S
Notwithstanding the provisions of the Residential (R3) Zone, within the
land identified with Special Provision 25.90 and described as Part Lot 232
Park Street S/S, Plan 252, former Village of Ripley, may be used for four-
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August 13, 2018
plex dwellings in accordance with the R3 zone provisions for apartment
dwellings with the following exceptions:
a)
the minimum lot width shall be 25.4 metres;
b)
the minimum east side yard shall be 4.9 metres and the minimum
west side yard shall be 7.2 metres;
c)
the minimum rear yard shall be 1.8 metres;
d)
the minimum front yard setback shall be 8.8 metres;
e)
the maximum lot coverage shall be 37.3%;
f)
a "planting area" shall be located along the east side and front lot
lines;
g)
Section 5.1.11 Parking Requirements - Landscaping shall not apply;
h)
Notwithstanding Section 5.1.4 Provisions and Location of Spaces,
parking spaces may be located in the interior side yard; and
i)
The lands shall be subject to Site Plan Control.
25.91
By-law No. 2005-50 PLAN 252 PT LOT 232 PARK S/S
Notwithstanding the provisions of the Residential (R3) Zone, within the land
identified with Special Provision 25.91 and described asPart Lot 232, Park
Street S/S, Plan 252, former Village of Ripley, may be used for four-plex
dwellings in accordance with the R3 Zone provisions for apartment dwellings
with the following exceptions:
a)
the minimum lot width shall be 5.0 metres;
b)
the minimum east side yard setback shall be 4.9 metres; and, the
minimum west side yard setback shall be no less than 11.8 m;
c)
the minimum rear yard setback shall be 8.8 metres;
d)
the minimum setback from the front lot line shall be 1.8 metres
e)
the "front lot line" shall be defined as that lot line separating land
zoned "R3-1" from "R3-2" and located parallel to Park Street;
f)
the maximum lot coverage shall be 27.2%
g)
a "planting area" shall be located along the east side and rear lot lines;
h)
Section 5.1.11 Off-street Parking Requirements Landscaping shall not apply;
i)
Notwithstanding Section 5.1.4 Provisions and Location of Spaces,
parking spaces may be located in the interior side yard; and
j)
The lands shall be subject to Site Plan Control.
25.92
By-law No. 2007-46 PLAN 100 PT LOT 33 PARK S/S RP 1R879 PART 1
[50 Park St]
Notwithstanding the provisions of the Residential (R3) Zone, the land
identified with Special Provision 25.92 shall be used in compliance with the
'R3' zone provisions for apartment dwellings contained in this By-law,
excepting, however, that:
i)
The minimum front yard setback shall be no less than 6.4m;
ii)
The minimum rear yard setback shall be no less than 1.8m;
iii)
Notwithstanding Section 5.1.11 Landscaping, a 'planting area' shall
be located along the east side yard lot line and front lot lines; and,
109
iv)
The lands shall be subject to Site Plan Control.
August 13, 2018
25.93
By-law No. 2007-46 PLAN 100 PT LOT 33 PARK S/S RP 1R879 PART 1
[50 Park St]
Notwithstanding the provisions of the Residential (R3) Zone, the land identified
with Special Provision 25.93 shall be used in accordance with the 'R3' zone
provisions for apartment dwellings excepting however that:
i)
The minimum setback from the front lot line shall be no less than 4.1m;
ii)
The 'front lot line' shall be defined as that lot line separating lands
zoned 'R3-3' from 'R3-4' and located parallel to Park Street;
iii)
The minimum rear yard setback shall be no less than 4.1m;
iv)
Notwithstanding Section 5.1.11 Landscaping, a 'planting area' shall
be located along the east side and rear lot lines; and,
v)
The lands shall be subject to Site Plan Control.
25.94
By-law No. 2010-47 CON 8 PT LOT 16 HURON W/S RP 3R6303 [97 Huron St]
Notwithstanding the provisions of the Residential (R3) Zone, the land identified
with Special Provision 25.94 may be used for purposes in compliance with the
'R3' zone provisions contained in this by-law, excepting however, that:
i)
Minimum rear yard shall be no less than 2 metres;
ii)
Minimum side yard shall be no less than 3 metres; and,
iii)
The lands shall be subject to Site Plan Control.
25.95
By-law No. 2012-09 CON 7 PT OF LOT 16
Notwithstanding the provisions of the Residential (R3) Zone, the land
identified with Special Provision 25.95 may also be used for a 'lodging
house' subject to the 'Apartment' Regulations in Section 14.3.
25.96
*
Within the land zoned R1-25.96 buildings will be permitted on lots fronting
a private road and the application of all regulations for the Residential (R1)
Zone shall apply in the same manner as a lot fronting on a public street.
Notwithstanding Section 4.33 of this By-law, year-round or permanent
dwellings are permitted on lots fronting a private road.
25.97
By-law No. 2011-34 CON A PT LOT 1 [117 Lake Range Dr]
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision 25.97 may be used for purposes in
compliance with the 'R1' zone provisions contained in this By-law,
excepting however, that:
i)
The minimum rear yard shall be as existed at the date of passage of the by-
law, and;
ii)
The minimum side yard shall be as existed at the date of passage of the by-law.
25.98
By-law No. 2014-64 CON A PT OF LOT 15 RP 3R3798 PARTS 1 TO 3;
RP 3R3750 PART 16 [613 Lakeside Trl]
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision 25.98 may be used for purposes in
compliance with the 'R1' zone provisions contained in this By-law,
excepting, however that:
i)
For the purposes of interpretation of the provisions of 'R1-25.98' Zone,
the front lot line shall be the west lot line in proximity to Lake Huron;
110
August 13, 2018
ii)
Two 'single detached dwellings' shall be permitted;
iii)
The minimum side yard shall be 1.22 metres (4 ft.);
iv)
The maximum height for a detached accessory building shall be
5.33 metres;
v)
The minimum setback on the west side of the private road to
buildings and structures shall be 6 metres;
vi)
The minimum setback on the east side of the private road to
buildings and structures shall be 4.5 metres
25.99
By-law No. 2016-73 CON A PT OF LOT 8 [717 & 71 Victoria Rd]
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision 25.99 shall be used in compliance with the
'R1' zone provisions contained in this By-law, excepting however that:
i.
The 'Minimum Lot Frontage' shall be no less than 16.67 m (57.9 ft);
ii.
That the side yard for the cottage shall be no less than as it existed
on June 27, 2016 and that any enlargements to the building shall
conform to this by-law; and,
iii.
That the shed be permitted to be located in the front yard.
25.100
By-law No. 2005-95 CON A PT OF LOTS 65,66 & 67; PLAN M-28 PT OF
BLOCKS A & C; PLAN M-101 BLOCK 9 [Part of Clarence Cr] - Inverlyn Estates
Notwithstanding the provisions of the Lifestyle Community Residential
(LCR) Zone, the land identified with Special Provision 25.100 shall be used for a
Land Lease Community consisting of 150 single detached dwellings and
associated community facilities is permitted in accordance with the provisions
set out below:
.1
Permitted Uses
Permitted uses shall be limited to the following:
Residential Uses
'Land Lease Community'
'Land Lease Community Home'
Buildings and Structures accessory to a 'Land Lease
Community Home'
Home Occupation, Professional Use
Home Occupation, Domestic and Household Arts
Non-Residential Uses
Accessory Buildings and Structures including a 'Community
Centre(s)' and Maintenance buildings
Associated Community Facilities
Park
111
.2
Definitions
The following definitions apply within the 'R1-15-h' zone:
a)
'Land Lease Community' shall mean a parcel of land
containing two or more 'Land Lease Community Lots' and
which is under single management or ownership. A 'co-
operative community' or 'condominium corporation' shall also
be defined as a 'Land Lease Community' for the purpose of
this By-law.
August 13, 2018
b)
'Land Lease Community Home' shall mean a separate
building or structure containing one dwelling unit occupied by
one or more persons and constructed for permanent use
where the owner of the dwelling unit leases the land used or
intended for use as the site for the dwelling. A 'Land Lease
Community Home' shall not include a park model trailer,
mobile home, camping trailers or a trailer house.
c)
'Land Lease Community Lot' shall mean a parcel of land
within a 'Land Lease Community', intended for occupancy by
a 'Land Lease Community Home', and having access to or
frontage on a 'Private Access Right-of-Way' but is not
capable of having an interest in land conveyed pursuant to
the Planning Act.
d)
'Private Access Right-of-Way' shall be defined as a 'Street'
for the purposes of lot width and yard setbacks, and shall
mean an internal paved access road the width and
construction of which have been approved by the Township
of Huron-Kinloss, a minimum of 16 metres in width designed
to accommodate private vehicles, emergency, service or
maintenance vehicles, and providing access from a public
road to a 'Land Lease Community Home', 'Park and
Community Centre.
e)
'Lot Line' shall mean the boundary of a 'Land Lease
Community Lot'.
f)
'Front Lot Line' and 'Exterior Lot Line' shall mean the
boundary line along the 'Private Access Right-of-Way'
designed and intended for, or used for, the passage of
vehicles.
g)
'Side Lot Line' shall mean any boundary of a 'Land Lease
Community Lot' other than a Front Lot Line, Exterior Lot Line
or Rear Lot Line.
h)
'Rear Lot Line' shall mean the boundary line farthest from
and opposite to the Front Lot Line.
i)
'Maximum Ground Floor Area' shall mean the total of the
ground floor area of a 'Land Lease Community Home'
measured by the outside walls and shall include a private
garage, carport, verandah, porch or sunroom.
.3
Land Lease Community - Site Regulations
A 'Land Lease Community' shall be subject to the following site
regulations:
(a) Minimum Total Lot Area
22.3 hectares
(b) Maximum # of 'Land Lease Community
150
Homes'
.4
Access & Roads
Each 'Land Lease Community Lot' shall have frontage on a 'Private
Access Right-of-Way' a minimum width of 16 metres (52.5 ft.). A
'Private Access Right-of-Way' shall be defined as an 'Improved
Street' and/or 'Street (Public)' for the purposes of establishing
setbacks for all buildings and structures.
112
113
August 13, 2018
.5
Services
Each Land Lease Community Home located within a Land Lease
Community shall be connected to a municipal water and sewage
disposal system and shall be provided with solid waste disposal,
storm drainage, electrical service, street lighting, telephone and
road maintenance.
.6
Land Lease Community Lot - Site Regulations
A land Lease Community Lot shall be subject to the following Site
Regulations:
(a) Minimum Land Lease Community Lot
467 square metres
area
(b) Minimum Land Lease Community Lot
14.457 metres
Frontage
(c) Maximum Number of Land Lease
1 Land Lease Community
Community Homes per Land Lease
Home per Land Lease
Community Lot
Community Lot
(d) Minimum Building Setbacks:
i) Front/Exterior Yard
5.5 metres
ii) Side Yard
1.2 metres
iii) Rear Yard
7.0 metres
(e) Maximum Building Height
5.46 metres (18 ft.)
(f) Maximum Lot Coverage
40.6%
(g) 'Maximum Ground Floor Area' - Land
232.25 square metres
Lease Community Home
(h) Required # of Off-Street Parking
Minimum of one off-street
Spaces
parking space
.7
Additions/Enlargements and Accessory Structures: Residential Use
Additions/enlargements to a 'Land Lease Community Home' shall
be permitted provided that the yard setback and lot coverage
provisions for the 'land lease Community Home Lot are maintained.
No more than one (1) accessory building or structure, being no
larger than 5.9 m2 (64 sq. ft.), shall be permitted on a 'Land Lease
Community Home Lot'.
8.
Accessory Buildings, Structures & Uses: Non-Residential Use
Buildings and structures accessory to the 'land Lease Community'
shall be permitted in accordance with the provisions of Section 4.1
'Accessory Buildings'. Accessory buildings and structures shall
conform to subsection 6(d) (e) and (f) above.
.9
Minimum Building & Structure Setback from 'Environmental
Protection - EP' Zone
Notwithstanding Section 4.28 'Watercourse Setbacks', all buildings
and structures shall be located no closer than 12.0 metres to a
'Watercourse'. For the purposes of this By-law, a pond, lake or
other similar body of water shall be considered to be a
'Watercourse'.
August 13, 2018
25.101
By-law No. 2013-62 CON 1 PT LOTS 41 TO 46 RP 3R9294 PART 1,
RP 3R6506 PART 1, RP 3R6896 PARTS 1 AND 3 [61 & 93 Pardise Lake St]
Notwithstanding the provisions of the Lifestyle Community Residential
(LCR) Zone, the land identified with Special Provision 25.101 all buildings
and structures are prohibited and all lot grading and site alteration is
prohibited. The 'H-Holding' provision maybe removed once the following
condition has been met:
i)
All requirements of the Maitland Valley Conservation Authority in
regard to environmental site planning and/or regulatory issues. The
'H - Holding' provision may be removed from each Unit individually.
25.102
By-law No. 2009-71 - Ripley Market Square (Granary/ Market Terrace & Suites)
Within the lands zoned 'GC-25.102' on Schedule "A" to this By-Law, the
following provisions shall apply:
i)
Permitted Uses
'Adult education centre', 'apartment dwelling', 'assembly hall',
'business or professional office', 'caterer establishment', 'clinic',
'commercial school or college', 'child care centre, 'dry cleaning
establishment', 'financial
institution', 'food or grocery store',
'general store', 'government administration building', 'laundromat',
'liquor store', 'personal service shop', 'place of entertainment', 'post
office', 'restaurant', and 'retail store'.
ii)
For the 'GC-25.102' zone, a 'commercial business' will be permitted
on the 1st storey facing a street and in the basement storey facing
the rear yard. All dwelling units shall be above the 1st storey or on
the 1st storey at the rear or side yard, directly above the commercial
business.
iii)
No more than 25% of a commercial business shall be used as a
dwelling unit and only the operator of the commercial business shall
occupy the dwelling unit. A Change-of-Use permit will be required
from the Chief Building Official prior to the creation of the dwelling
unit.
iv)
Regulations
Provisions
Full Municipal Services
Minimum lot area (square metres)
1,450
Minimum lot frontage, corner (metres)
30
Minimum front yard (metres)
9
Minimum side yard (metres)
4.5
Minimum side yard, exterior (metres)
0
Minimum rear yard (metres)
0
Maximum building height (metres)
16
Maximum lot coverage
60%
Minimum gross floor area for retail (square
metres)
35
v)
Despite the provisions of Section 5.1, the minimum off-street
parking requirement for a 'dwelling unit' shall be 1 space per unit.
114
August 13, 2018
25.103
By-law No. 2009-71 - Ripley Market Square (Granary/ Market Terrace & Suites)
Within lands zoned 'GC-25.103' on Schedule "A" to this By-law, the
following provisions shall apply:
i)
Permitted Uses
'Adult education centre', 'apartment dwelling', 'assembly hall',
'business or professional office', 'caterer establishment', 'clinic',
'commercial school or college', 'child care centre, 'dry cleaning
establishment', 'financial institution', 'food or grocery store', 'general
store', 'government administration building', 'laundromat', 'liquor
store', 'personal service shop', 'place of entertainment', 'post office',
'restaurant' and 'retail store'.
ii)
For the'GC-25.103' zone, a 'commercial business' will be permitted
on the 1st storey facing a street and in the basement storey. All
dwelling units shall be above the 1st storey or on the 1st storey,
directly above a commercial use.
iii)
No more than 25% of a 'commercial business' shall be used as a
dwelling unit and the operator of the commercial business shall only
occupy the dwelling unit. A Change-of-Use permit will be required
from the Chief Building Official prior to the creation of the dwelling
unit.
iv)
Regulations:
Provisions
Full Municipal Services
Minimum Lot Area (square metres)
1,120
Minimum lot frontage (metres)
29
Minimum front yard (metres)
8
Minimum side yard (metres)
0
Minimum rear yard (metres)
0
Maximum building height (metres)
16
Maximum lot coverage
50%
Minimum gross floor area for retail
(square metres)
35
v)
Despite the provisions of Section 5.1, the minimum off-street
parking requirement for a dwelling unit shall be 1 space per unit.
25.104
By-law No. 2009-72 - Ripley Market Square (Parking & Feed Mill)
Within the land zoned 'GC-25.104' on Schedule "A" to this by-law
the following provisions shall apply:
i)
Permitted Uses
Hotel, restaurant, retail store and personal service shop
ii)
Regulations
Provisions
Full Municipal Services
Minimum lot area (square metres)
415
Minimum lot frontage (metres)
9
Minimum front yard (metres)
0
Minimum side yard (metres)
0
Minimum rear yard (metres)
6
115
August 13, 2018
Maximum building height (metres)
15
Maximum lot coverage
75%
Minimum gross floor area for retail
(square metres)
35
iii)
Despite the provisions of Section 5.1, the minimum off-street
parking requirement for a 'hotel' shall be 1 space per unit.
25.105
By-law No. 2009-72 - Ripley Market Square (Parking & Feed Mill)
Within the land zoned 'GC-25.105' on Schedule "A" to this by-law,
the following provisions shall apply;
i)
Permitted Uses
'Adult education centre', 'apartment dwelling', 'assembly hall',
'business or professional office', 'caterer establishment', 'clinic',
'commercial school or college', 'child care centre, 'dry cleaning
establishment', 'financial institution', 'food or grocery store', 'general
store', 'government administration building', 'laundromat', 'liquor
store', 'personal service shop', 'place of entertainment', 'post office',
'restaurant' and 'retail store'.
ii)
For the 'GC-25.105' zone, commercial uses will be permitted on the
1st storey facing a street and in the basement storey facing the rear
and interior side yards. All dwelling units shall be above the 1st
storey or on the 1st storey, directly above a commercial use.
iii)
No more than 25 % of a commercial business unit shall be used as
a dwelling unit and the operator of the commercial business shall
only occupy the dwelling unit. A Change-of-Use permit will be
required from the Chief Building Official prior to the creation of the
dwelling unit.
iv)
Regulations
Provisions
Full Municipal
Services
Minimum lot area (square metres)
105
Minimum lot frontage, corner (metres)
10.1
Minimum front yard (metres)
0
Minimum side yard (metres)
0
Minimum side yard, exterior (metres)
0
Minimum rear yard (metres)
0
Maximum building height (metres)
15
Maximum lot coverage
100%
Minimum gross floor area for retail (square
metres)
35
v)
Despite the provisions of Section 5.1, the minimum off-street parking
requirements for a dwelling unit shall be 1 space per unit.
25.106
By-law No. 2009-72 - Ripley Market Square (Parking & Feed Mill)
Within the land zoned as 'GC-25.106' on Schedule "A" to this by-law, only
the following use shall be permitted:
i)
Permitted Uses
Parking Lot
116
August 13, 2018
25.107
By-law No. 2009-72 - Ripley Market Square (Parking & Feed Mill)
Within the land zoned as 'GC-25.107' on Schedule "A" to this By-law,
only the following uses shall be permitted:
i)
Permitted Uses
'Adult education centre', 'assembly hall', 'business or professional
office', 'caterer establishment', 'commercial school or college',
'child care centre', 'financial establishment', 'government
administration building',' laundromat', 'personal service shop',
'place of entertainment', 'post office', 'restaurant' and 'retail store'.
25.108
By-law No. 2011-50 CON 1 PT LOT 71 [6 Ashfield-Huron]
Notwithstanding the provisions of the Highway Commercial (HC) Zone, the
land identified with Special Provision 25.108 may be used for purposes in
compliance with the 'HC' zone provisions contained in this by-law,
excepting however, that:
i)
'Tradesman or contractor's establishment' and 'travel trailers sales/
service establishment' shall be permitted uses in addition to all
other 'SC' permitted uses;
ii)
Minimum front yard shall be no less than existed at the date of
passage of the zoning by-law.
iii)
Minimum side yard shall be no less than 1.5 metres; and
iv)
Section 5.1.11 Landscaping shall apply.
25.109
By-law No. 2016-110 PLAN 36 LOTS 288 TO 292 & PARK PT LOT 42
[701 Campbell St & 529 Montgomery Ln]
Notwithstanding the provisions of the Highway Commercial (HC) Zone, the
land identified with Special Provision 25.109 shall be used in compliance
with the 'HC' zone provisions contained in this By-law, excepting however
that:
i.
Outdoor display areas, meaning the portion for the lot used for the
display or exhibition or products associated with the principle use of
the lot, may be located in the Front and/or Exterior Side Yard;
ii.
Outdoor display areas may have a 0 (zero) metres setback from the
lot line provided they do not inhibit sight triangles;
iii.
Fencing shall not be required; and,
iv.
Buildings and structures existing as of November 14, 2016, which do
not comply with the provisions of this By-law are hereby recognized.
All future buildings and structures or additions to existing buildings and
structures, shall comply with the provisions of this By-law.
25.110
*
Within the land zoned RRC-25.110-H described as Lot 25 and Block "A", Range
3, S.D.R., Kinloss, as shown on Schedule "A" known as Fisherman's Cove Park.
Notwithstanding the permitted uses in Section 19.1, a Four-Season Recreational
Resort is permitted subject to the following definitions, uses and regulation:
a)
Notwithstanding the definition of "Four Season Recreational Resort"
in Section 3, the owners of the property plus six (6) full time
employees may reside permanently within the park;
117
b)
Accessory buildings and structures are permitted;
August 13, 2018
c)
A maximum of 700 sites are permitted;
d)
No site, building, structure or sewage system shall be located closer
than 30 metres to the high water mark of Otter Lake;
e)
The development of this recreational resort and commercial
campground shall be serviced by private communal water and
sewage disposal systems;
f)
The Holding (H) Zone may be removed and future building permits
issued once a comprehensive development plan has been approved
by the Township, all required permits or certificates obtained for the
water and sewage disposal systems and any required Environmental
Impact Study approved by the Township and Conservation Authority.
25.111
*
Within the land zoned RRC-25.111 described as Part of Lots 19 and 20,
Lots 21 to 26, Range 2, S.D.R. Kinloss known as the Silver Lake
Campground, only the following uses are permitted:
a)
A seasonal campground;
b)
A maximum of 21 existing seasonal cottages; and
c)
A maximum of 110 travel trailer sites.
25.112
By-law No. 2015-77 PLAN 240 PARK LOTS 207 TO 209 [1635 & 1647 Bruce Rd 1]
Notwithstanding their 'M1' zone, those lands delineated as 'MI-25.112' in
this by-law shall be used in accordance with the 'M1' zone provisions
contained in this By-law excepting however that:
i)
The permitted uses shall be limited to a 'Builders or Contractors
Yard' and a 'Single Detached Dwelling';
ii)
Minimum front yard setback shall be no less than 13.0 metres for all
buildings and structures existing on the date of passage of this By-law;
iii)
The number of entrances onto Bruce Road 1 shall be limited to two (2)
entrances. Entrances shall be defined as a vehicular passageway
connected to Bruce Road 1 providing ingress and egress from the lot;
iv)
Section 4.22 Outdoor Storage Regulations applies; and,
v)
The subject lands shall be subject to Site Plan Control.
25.113
*
Notwithstanding the provisions of the Light Industrial (ML) Zone, on the
land identified with Special Provision 25.113 the establishment for the
storage, grading and handling of seed, feed and fertilizer, together with an
accessory office is permitted.
25.114
*
On the land identified with Special Provision 25.114 and described as Part of the
West Half of Lot 10, Concession 8, Kinloss, a buggy repair shop is a permitted use.
25.115
118
By-law No. 2015-62 CON 5 PT LOT 15 [733 Kairshea Ave] - Bruce Huron
Produce Auction
The land identified with Special Provision 25.115 shall be used in
compliance with the 'AG2 zone provisions contained in this By-law,
excepting however that:
119
August 13, 2018
i.
The Permitted uses shall be limited to the following: 'Agricultural
Produce Auction', 'Agricultural Products Primary Processing',
'Agricultural Products Secondary Processing', a 'Single Detached
Dwelling' and 'accessory buildings and structures';
ii.
For the purposes of this by-law, an 'Agricultural Produce Auction,
shall means lands, buildings and structures used for the purpose of
selling and buying of fruit, vegetables and flowers for wholesale
purposes. The use shall also include an administration office and
open outdoor storage limited to the operation of the facility;
iii.
For the purposes of this By-law, 'Agricultural Products Primary
Processing' shall mean the use of lands, buildings or structures
where orchard, berry, row or field crops are washed, cleaned,
screened, sifted, graded, waxed or crushed but excludes any further
processing;
iv.
For the purposes of this By-law, 'Agricultural Products Secondary
Processing' shall mean the use of lands, buildings or structures
where agricultural produce including orchard, berry, row, field crops,
meat and poultry products, are washed, cleaned, dusted, waxed,
cooked, steamed, fermented or otherwise prepared and packaged
and may include the storage and sale of the finished product on the
premises but shall not include an abattoir or any other use defined
herein;
v.
An 'Agricultural Products Primary Processing' or an 'Agricultural
Products Secondary Processing' or a 'Single Detached Dwelling'
Permitted Use shall not be located any closer than 500 m to the
designated active fill area as it existed on July 27, 2015 of the
Kinloss Landfill Site located on Part Lot 16, Concession 6, [690
Kairshea Avenue], geographic Township of Kinloss; and,
vi.
All other provisions of Section 7 (Agricultural Commercial/Industrial
Zone) shall apply.
25.116
By-law No. 2012-09 1ST RANGE NORTH DURHAM RD PT OF LOT 3
The land identified with Special Provision 25.116 may be used for the
purposes of an 'automobile wrecking yard', and an accessory dwelling unit,
if located above the first storey and forming an integral part of the building
containing a permitted non-residential use, in addition to the uses
permitted in Section 7.1, and in compliance with the 'AG2' zone provisions,
excepting however that:
i)
The minimum lot frontage shall be 195 metres;
iii)
The minimum lot area shall be 5 hectares.
25.117
By-law No. 2017-06 CON 12 PT LOT 16 [174 Hayes Lake Ave]
On those lands identified with Special Provision 25.117 shall be used in
compliance with the 'AG2' zone provisions contained in this By-law,
excepting however:
i)
The Permitted Uses shall be limited to the following: 'Millwork Shop',
'Single Detached Dwelling' and 'Accessory Buildings and
Structures';
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August 13, 2018
ii)
For the purposes of this By-law a 'Millwork Shop' shall be defined as
a place, building or structure in which any type of woodwork is
produced in a mill;
iii)
The maximum 'Ground Floor Area' of the 'Millwork Shop' and
buildings accessory to the Millwork Shop shall be no greater than
956 m2 (10, 290 square feet);
iv)
Three (3) parking spaces shall be provided;
v)
'Outdoor Storage' is not permitted unless fully enclosed by a fence
or other appropriate enclosure in order that such 'Outdoor Storage'
is not visible from the street;
vi)
No display of goods or advertising, other than a plate or sign which
is no larger than 0.4 square metres (4.3 square feet) in area, non-
flashing, is permitted in the Front Yard;
vii)
Notwithstanding Section 4.28, the setback for buildings and
structures may be reduced to zero (0) metres from the
Environmental Protection' zone;
viii)
The Minimum Distance Separation shall be no less than 138 metres
as measured from the lot line boundary to the barns located at Part
Lot 16, Concession 12, geographic Township of Kinloss, Township
of Huron-Kinloss [174 Hayes Lake Avenue];
ix)
Buildings and structure existing as of January 9, 2017 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the 'AG2 - Agricultural
Commercial/Industrial' and 'General Agriculture' provisions of this By-law.
25.118
By-law No. 2001-88 3RD RANGE SOUTH DURHAM RD LOTS 21 & 22
Notwithstanding their 'OS' zoning designation, lands identified with Special
Provision 26.118 may be used for Institutional purposes, in accordance
with the 'OS' zoning provisions, excepting however that:
(i)
Non-Residential Uses shall be limited to a 'golf course', 'golf driving
range'; and, buildings, structures and uses accessory to a permitted
use;
(ii)
Non-Residential Uses - Site Regulations: Building setbacks shall be
30 metres (98.4 feet) from any lot line;
(iii)
'GOLF COURSE' means a public or private area operated for the
purpose of playing golf and may include a miniature golf course,
restaurant, maintenance buildings and administration buildings if
located on the same property and are considered accessory uses;
(iv)
'GOLF DRIVING RANGE' means an open air recreation facility
where the sport of golf is practiced from individual tees and which may
include accessory structures to house the tees, a kiosk for golf balls
and golf club rentals and a structure from which the golfers tee-off.
25.119
By-law No. 2001-89 CON 12 PT LOT 11
Notwithstanding their 'OS' zoning designation, lands identified with Special
Provision 26.119 may be used for Institutional purposes, in accordance
with the 'OS' zoning provisions, excepting however that:
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August 13, 2018
(i)
Residential Uses shall be limited to an accessory detached dwelling
for the exclusive use of an owner, manager or caretaker and in
compliance with the provisions of Section 4.6;
(ii)
Non-Residential Uses shall be limited to a 'golf course', 'golf driving
range'; and buildings, structures and uses accessory to a permitted use;
(iii)
Non-Residential Uses - Site Regulations: Building Setbacks shall
be 30 metres (98.4 feet) from a lot line;
(iv)
"GOLF COURSE" means a public or private area operated for the
purpose of playing golf and may include a miniature golf course,
restaurant, maintenance buildings and administration buildings if
located on the same property and are considered accessory uses;
(v)
"GOLF DRIVING RANGE" means an open air recreation facility
where the sport of golf is practiced from individual tees and which may
include accessory structures to house the tees, a kiosk for golf balls
and golf club rentals and a structure from which the golfers tee-off.
That the 'H - Holding' provision may be removed once the following
conditions have been met:
(a)
A clearance letter from the Ministry of Natural Resources indicating
i) that the application aggregate extraction licence(s) has been
revoked or similar wording; and, ii) that the applications have
addressed all other applicable legislation and/or regulations
pertaining to the closure of the aggregate operation; and
(b)
A clearance letter from the Ministry of Citizenship, Culture and
Recreation indicating that all archaeological issues have been satisfied.
25.120
*
Notwithstanding the provisions of the Agricultural Residential (AG3) zone,
those lands identified with Special Provision 25.120 shall only be used for
a single detached dwelling and accessory buildings/structures and no
livestock shall be permitted on the property.
25.121
*
Notwithstanding the provisions of the Future Development (FD) zone, on
those lands identified with Special Provision 25.121 the existing farm
building may be used for the purposes of a livestock assembly yard.
25.122
*
Notwithstanding the provisions of the Future Development (FD) zone, on
those lands identified with Special Provision 25.122 shall be used in
accordance with the 'FD' zone provisions contained in this By-law
excepting however that:
i)
A temporary seasonal residential structure to accommodate a
worker or one employee associated with the Bruce Botanical Food
Garden shall be permitted;
ii)
The temporary structure shall comply with the Ontario Building
Code or is manufactured to a recognized standard to the
satisfaction of the Chief Building Official;
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August 13, 2018
iii)
For the purposes of this By-law, a temporary structure shall not be
occupied between the months of November to March, inclusive.
25.123
By-law No. 2023-15 - Lucknow Kinsmen 'Graceland'
Notwithstanding the provisions of the Open Space zone, the lands identified with
Special Provision OS-H-25.123 shall only be used in compliance with the following:
i) Permitted Uses shall be limited to the following
i)
'Special Event' as defined below
ii) 'Camping' as defined below
iii) 'Private Club' as defined below
iv) 'Banquet Hall' as defined below
v) 'Outdoor Recreation' but not including a 'Golf Course'
vi) Community events such as fireworks, outdoor movie screenings,
special occasion events such as 'egg hunt', 'halloween haunted
house', etc.
'Special Event' means an outdoor activity, festival, concert, event,
exhibition or function of any nature or kind, including those done outside but
under a tent or other non-permanent building or structure, held a maximum
of four (4) times per calendar year during the month of August only for a
period not exceeding one hundred and twenty (120) consecutive and
cumulative hours at which more than 200 people are anticipated to be, or
are in, attendance. A Special Event may include camping for no more than
1,550 campsites total within the 25.123 and 25.124 zones and ancillary
uses such as food and craft vendors and alcohol sales.
'Camping' shall mean a lot or lands used for the parking and use of motor
homes,
travel
trailers,
tent-trailers,
tents
or
similar
transportable
accommodation. Off-season storage of travel trailers, tent trailers, motor
homes or similar transportable accommodations shall not be permitted.
'Private Club' shall mean a group of buildings or structures owned or
chartered by an organization, a non-profit organization, or a public body
and designed and built for seasonal or periodic use.
"Banquet Hall" shall mean a building or part thereof, used for gathering
together no more than 199 persons for specific functions including the
consumption of food and drink. Full kitchen facilities shall be provided on
the premises.
ii) 'Temporary Fencing', shall be erected, when requested by an abutting
property owner. 'Snow fencing' or a similar equivalent shall be considered
to be 'Temporary Fencing';
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August 13, 2018
iii) Provisions applicable to all 'OS-25.123' Permitted Uses:
Minimum setback to ALL property lines for ALL Buildings
and Structures (permanent and non-permanent), portable
generators, and vehicles of any type including tour buses
and transports
10 metres
Maximum building height for ALL Buildings and Structures
(permanent and non-permanent)
10 metres
Minimum setback between ALL Non-Permanent buildings
and structures, portable generators, vehicles of any type
including tour buses and transports and a 'Dwelling' as it
existed as of July 10, 2017
20 metres
Maximum number of PERMANENT Buildings or Structures
3
Minimum setback between 'camping' and a dwelling
existing as of July 10, 2017
20 metres
Minimum setback between 'camping' and Walter Street or
Washington Street'
10 metres
Minimum Internal private roadway width (metres)
7.0
iiv) Section 5.1 'Parking, Stacking & Loading Regulations' shall not apply;
v) 'Outdoor Storage' as per Section 4.22 shall not be permitted.
vi) No camping or comparable accommodation is permitted within the areas
zoned OS 25.124 (f) flood hazard. Mitigation measures to prevent
negative impacts to the areas of the property zoned Environmental
Protection (EP) and OS 25.125(f) shall be implemented to the
satisfaction of the Township of Huron-Kinloss.
vii) The 'H Holding' zone provision shall be applied as follows:
a) No permanent buildings or structures shall be permitted until receipt by
the Zoning Administrator of an Archaeological Assessment that has been:
1) Conducted by an archaeologist licensed in the Province of Ontario; and,
2) Confirmation from the appropriate Ministry that the Assessment
has been accepted into the Ontario Public Register of
Archaeological Reports and,
3) Confirmation to the satisfaction of the Zoning Administrator that
the recommendations (if any) of the Assessment have been
implemented.
b) The 'Private Club' and/or 'Banquet Hall' shall not be permitted until
clause (vii(a)) regarding the completion of an Archaeological Assessment
has been satisfied AND full municipal services including: electrical, water
and sewer service are available at the property line.
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August 13, 2018
25.124
By-law No. 2023-15 - Lucknow Kinsmen 'Graceland'
Notwithstanding the Open Space zone, the lands identified with Special
Provision 25.124, shall only be used in compliance with the following:
i) Permitted Uses shall be limited to the following:
Camping for no more than 1,550 campsites total within the 25.123 and
25.124 zones in accordance with the provisions of the 25.123 zone and
only during a 'Special Event' as defined below
No camping or comparable accommodation is permitted within the areas zoned
OS 25.124 (f) flood hazard.
A Tractor Pull track and a dance area only during a 'Special Event' as defined
below in accordance with the provisions of the 25.124 zone;
'Outdoor Recreation' but not including a 'Golf Course'
'Special Event' means an outdoor activity, festival, concert, event, exhibition or
function of any nature or kind, including those done outside but under a tent or
other non-permanent building or structure, held a maximum of four (4) times per
calendar year during the month of August only for a period not exceeding one
hundred and twenty (120) consecutive and cumulative hours at which more than
200 people are anticipated to be, or are in, attendance. A Special Event may
include camping for no more than 1,550 campsites total within the 25.123 and
25.124 zones and ancillary uses such as food and craft vendors and alcohol sales.
25.125
By-law No. 2017-88 - Lucknow Kinsmen 'Graceland'
Notwithstanding the Open Space zone, the lands identified with Special
Provision 25.125, shall only be used in compliance with the following:
i) Permitted Uses shall be limited to the following
'Special Event' as defined below
'Outdoor Recreation' but not including a 'Golf Course'
'Special Event' means an outdoor activity, festival, concert, event, exhibition
or function of any nature or kind, including those done outside but under a tent
or other non-permanent building or structure, held one time per calendar year
during the month of August only for a period not exceeding ninety-six (96)
consecutive and cumulative hours at which more than 200 people are
anticipated to be, or are in, attendance. Camping shall not be permitted.
ii) 'Temporary Fencing', shall be erected, when requested by an abutting
property owner. 'Snow fencing' or a similar equivalent shall be considered
to be 'Temporary Fencing';
iii) Permanent buildings and structures shall not be permitted.
iv) Provisions applicable to all 'OS-25.125' Permitted Uses:
Minimum setback to ALL property lines for ALL Non- permanent
buildings and structures, portable generators, and vehicles of
any type including tour buses and transports
10 metres
Maximum building
height
for
ALL
Non-Permanent
10 metres
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August 13, 2018
Buildings and Structures
Minimum setback between ALL Non-Permanent buildings and
structures, portable generators, vehicles of any type including
tour buses and transports and a 'Dwelling' as it existed as of
July 10, 2017
20 metres
v) Section 5.1 'Parking, Staking & Loading Regulations' shall not apply;
vi) 'Outdoor Storage' as per Section 4.22 shall not be permitted.
25.126
*
Notwithstanding the provisions of the Highway Commercial (HC) Zone, the
land identified with Special Provision 25.126 may be used for industrial
uses in accordance with the provisions of Section 22.2.
25.127
By-law No. 2017-113 CON 3 PT OF LOT 36 [403 Highway 21]
Notwithstanding the provisions of the Agricultural Residential (AG3) Zone,
the land identified with Special Provision 25.127 shall be used in
accordance with the AG3 zone regulations, excepting however:
i.
A 'commercial business' shall be a permitted use and that this
'commercial business' be limited to the sale of antiques.
ii.
That this 'commercial business' be subservient to the residential use
of the property and use a maximum of 49% of the structure.
iii.
That outdoor display of antiques related to the 'commercial business'
is permitted in the front yard. Outdoor storage is not permitted.
iv.
That 10 parking spaces shall be provided
25.128
By-law No. 2017-112 CON 12 LOT 28 [1922 Concession 12]
Notwithstanding the provisions of the Agricultural Residential (AG3) Zone,
the land identified with Special Provision 25.128 shall be used in
accordance with the AG3 zone regulations, excepting however:
i.
The number of nutrient units shall be limited to 1.25 units per
hectare;
ii.
Buildings and structures existing as of May 8, 2017 which do not
comply with the provisions of this By-law are hereby recognized . All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of this By-law.
25.129
By-law No. 2017-130 PLAN 31 PT OF LOT 242 AND PT OF LOT 259
[558 Campbell St]
Notwithstanding the provisions of the General Commercial (GC) Zone,
lands identified with Special Provision 25.129 shall be used in accordance
with the GC zone regulations, excepting however that a new residential
use may be located in the ground floor, facing the road shall be permitted
in the existing building.
August 13, 2018
25.130
25.131
By-law No. 2017-131 PLAN 43 PT PARK LOTS 13 & 20, PT HAVELOCK ST
RP; 3R4334 PART 2 TO 6
Notwithstanding the provisions of the General Industrial (M1) Zone, lands
identified with Special Provision 25.130 shall be used in accordance with
the M1 zone regulations, excepting however:
i.
A 'commercial school' is a permitted use.
By-law No. 2018-08 CON 1 PT OF LOT 11 [210 Bruce Rd 86]
Notwithstanding the provisions of the Residential One (R1) Zone, lands
identified with Special Provision 25.131 shall be used in accordance with
the R1 zone regulations, excepting however:
i.
The minimum lot area shall be+/- 0.08 ha (0.2 ac);
ii.
The minimum lot width shall be +/- 20.12 m (66 ft);
25.132
By-law No. 2018-09 CON 9 LOT 18 AND PT LOT 19 [1687 Concession 10]
Notwithstanding the provisions of the Agricultural Residential (AG3) Zone,
lands identified with Special Provision 25.132 shall be used in accordance
with the AG3 zone regulations, excepting however:
i.
The number of nutrient units shall be limited to 1.25 units per hectare;
ii.
The minimum lot width shall be +/- 6.5 m.
iii.
Buildings and structures existing as of January 8, 2018 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of this By-law.
25.133
*
Notwithstanding the provisions of the Hamlet Mixed Use (HMU) Zone,
lands identified with Special Provision 25.133 may be used for a County of
Bruce storage yard and garage.
25.134
126
By-law No. 2016-58 CON 1 N PT OF LOTS 51 & 52 [1029 South Kinloss Ave]
Notwithstanding the provisions of the Agricultural Rural (AG4) Zone, lands
identified with Special Provision 25.134 and 25.134(H) shall be used
accordance with the AG4 zone regulations, excepting however:
i.
The existing livestock facility shall be permitted;
ii.
The number of nutrient units shall be limited to 1.25 units per
hectare; and,
iii.
Buildings and structures existing as of May 25, 2016 which do not
comply with the provisions of this By-law are hereby recognized. All
future buildings and structures or additions to existing buildings and
structures shall comply with the provisions of this by-law.
Prior to removal of the 'H - Holding' provision on lands delineated 25.134-
H, lot grading, excavation, site alteration and development shall be
prohibited. Council may consider removal of the 'H - Holding' provision in
accordance with the Planning Act, 1990, only upon:
i. Approval by the Zoning Administrator that an Archaeological
Assessment has been:
a) Conducted by an archaeologist licensed in the Province of Ontario; and,
127
August 13, 2018
b) Confirmed by the appropriate Ministry to have been accepted
into the Ontario Public Registry of Archaeological report.
ii.
Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological report (if any) have been
implemented.
25.135
*
Notwithstanding the provisions of this By-law, any new buildings or
structures on lands identified with Special Provision 25.135 shall only be
permitted subject to completing a Scoped Environmental Impact Study
(EIS), in accordance with the Township of Huron-Kinloss or County of
Bruce Official Plans to the satisfaction of the Township in consultation with
the County and the applicable Conservation Authority.
25.136
*
Notwithstanding the provisions of the Agricultural Commercial / Industrial
(AG2) Zone, lands identified with Special Provision 25.136 shall only be
used for an existing single detached dwelling and automobile and
agricultural equipment repair shops within the buildings and structures
existing as of the date of passing of this By-law.
25.137
By-law No. 2017-93 PLAN 232 PT LOTS 216, 217 AND 218 [32 Huron St]
Notwithstanding the provisions of the Residential Two (R2) Zone, lands
identified with Special Provision 25.137 shall be used in accordance with
i. 'Minimum Lot Area' shall be no less than 400 m2;
ii. 'Minimum Lot Width - Corner Lot' shall be no less than 14 m; and
iii. 'Minimum Side Exterior Yard' shall be no less than 3 m.
* denotes unknown corresponding By-law No.
August 13, 2018
Amendments to By-Law No. 2018-98
25.138
By-Law No. 2018-120 CON 1 S PT OF LOTS 1,2 &3 [1676 Bruce Rd 86]
Recognize any deficient setback resulting from severance
25.139
By-Law No. 2019-04 CON 2 LOT 19 [880 South Kinloss Ave]
i.
The maximum front yard shall be 18 m;
ii.
The minimum west side yard shall be 20 m
iii.
The maximum west side yard shall be 40 m
25.140
By-Law No. 2019-50 CON 11 PT LOT 11 [1176 Bruce Rd 1]
a)
The minimum lot area shall be 4.0 ha;
b)
The existing buildings with the existing yards are permitted.
25.141
By-Law No. 2019-49 CON 6 LOT 14 [774 Kairshea Ave]
i.
The minimum lot area shall be 8 ha;
25.142
By-Law 2024-11 Entirety of Legal Plan 3M-254 (901-991 Bogdanovic Way)
25.142
Notwithstanding their 'R1' zoning, those lands identified with special provision
'R1-25.142' shall be used in compliance with the 'R1' zone provisions contained in
this By-law, excepting however that:
i)
'Minimum Lot Area' shall be no less than 990 square metres;
ii)
'Minimum Lot Frontage' shall be no less than 23.5 metres;
iii)
'Minimum Interior Side Yard' shall be no less than 1.5 metres;
iv)
That Section 5.1.5 "Street setback for parking area" not apply;
v)
That notwithstanding Section 5.1.5, a maximum driveway width for a single/
semi-detached be 10 metres at street line for all lots save and except Lots 42 & 20 as
identified on legal Plan 3M-254;
vi)
That Lots 42 & 20 as identified on legal Plan 3M-254 are permitted a driveway
width of 9 metres;
vii)
That the driveways constructed as of February 5th, 2024, are hereby
recognized and are permitted to be replaced at the same width; and
viii)
All future construction, buildings and structures, or additions to existing
buildings and structures, shall comply with the provisions of the By-law.
25.143
By-law No. 2019-127 CON 9 LOT 14 [401 Statters Lake Ave]
2.1 The Minimum Distance Separation (MDS I) setback between
the new residence proposed on the new lot at Lot 14, Concession 9
shall be no less than +/-162 m to the barns located on the retained
lot at Lot 14, Concession 9, geographic Township of Kinloss and
Part Lot 14, Concession 10, geographic Township of Kinloss.
2.2 Notwithstanding Section 9.2 Regulations, the minimum lot area shall
be no less than +/- 4 ha (9.88 ac.).
25.144
By-law No. 2020-49 CON 7 PT LOT 16 [19 Huron St]
2.2.1 To use an accessory building for a Home Business - Professional Use.
2.2.2 This building shall not exceed +/- 200 sq/m in size.
2.2.3 The number of professionals permitted shall be limited to five (5) in
addition to the occupants of the dwelling on the property.
2.2.4 Accessory to the main use, the sale of health products and other
relevant wares shall be permitted.
August 13, 2018
25.145
By-law No. 2020-92 RANGE 3 SDR LOTS 14 TO 15 [380 Guest Ave]
i) That a secondary farm residence dwelling for an occupant engaged in full-time
operation of the farm is permitted. This residence shall be required to
be located in the established building cluster and shall be subject to
the provisions contained in Section 4.7 Dwelling, Additional Residential
Unit On Farm, of the Comprehensive Zoning By-law.
ii) That the secondary farm residence dwelling is not eligible for severance from
the farm.
iii) Prior to the issuance of a building permit for the secondary farm residence
dwelling, the owner shall demonstrate that safe access to the dwelling
across the Black Creek Municipal Drain and its associated flooding and
erosion hazards can be provided to the satisfaction of the Municipality
and the Saugeen Valley Conservation Authority.
iv) Prior to the issuance of a Certificate of Occupancy, any required upgrades to
the driveway or culvert at the Black Creek Municipal Drain required to
provide safe access in accordance with clause iii) of this subsection be
implemented and verified to the satisfaction of the Municipality and the
Saugeen Valley Conservation Authority.
25.146
25.147
By-law No. 2020-46 CON A PT LOT 60 [2435 Concession 12] - Aintree
Trailer Park
2.1 That two (2) four-season dwellings be permitted for the exclusive
use of the owner(s) or caretaker(s) of the business.
By-law No. 2020-47 CON 8 PT LOT 16 HURON W SEC; M49 PCL PLAN 2
2.2 That the exterior side yard shall be no less than +/- 4 .5m.
3.1 That the H-Holding Zone provision may be removed upon:
3.2 The registration of a Subdivision Agreement to the satisfaction of the
Township of Huron-Kinloss that includes details such as: Final Site
Design, a Stormwater Management Plan including Final Grading,
Water and Sewer Services and Road Construction and Assumption.
3.3 That the overall density of the subject lands is demonstrated to be no less
than +/- 12 units/ ha
25.148
By-law No. 2020-93 CON 9 LOT 2 [915 Statters Lake Ave]
i)
A 'Parochial School' servicing the horse-drawn carriage community is
permitted;
ii)
The side yard setback be no less than 10.2 m;
iii)
The front yard setback be no less than 15.6 m;
iv)
When the 'Parochial School' use is no longer required by the horse-drawn
carriage community that the institutional use be discontinued and the land be
returned to agricultural use to the satisfaction of the Zoning Administrator; and
v)
That the lands on which the symbol H1 are shown are subject to the provisions
contained in Section 2.12 Holding Zones of the Comprehensive Zoning By-law.
129
25.149
By-law No. 2020-104 PLAN 36 PARK LOT 46 TO 50; ALBERT W/S
i)
R1-25.149
a) 'Minimum Lot Frontage' for Lots 1 & 10 (corner lots) shall be no less
than 18.3 m; and
b)'Minimum Lot Frontage' for Lots 2 to 9 inclusive (interior lots) shall be
no less than 16.1 m.
ii)
Prior to removal of the 'H - Holding' provision, site alteration and
development shall be prohibited. Council may consider removal of the 'H -
Holding' provision in accordance with the Planning Act, R.S.O. 1990, once:
a) Water of sufficient quality and quantity is available and can be constructed to
service the proposed development as approved by the appropriate authority;
b) Public sanitary services can be constructed with the design being approved by
the appropriate authority;
c) Stormwater management services can be constructed with the design
being approved by the appropriate authority;
d) Road facilities have been completed to ensure adequate and appropriate
access;
e) A plan of subdivision has been submitted and has received draft plan approval;
f) A satisfactory agreement has been entered into by the Township and the
property owner; and
g) The overall density of the subject lands is demonstrated to be between 14.1
and 15.8 units per gross developable hectare.
25.150
By-law No. 2021-62 CON 12 S PT LOT 21 [1634 Concession 12]
i)
The lot size shall be no less than 2.4 ha.
25.151
By-law No. 2021-61 & By-law No.2021-124 CON 3 LOT 36 TO 37
[382 Whitechurch St]
i)
The permitted Home Business construction of roof trusses;
Professional use be limited to the construction of roof trusses;
ii)
The Home Business - Professional use allow the construction
of roof trusses and the storage of equipment and materials
necessary for the business in an accessory building no greater
than 805 sq. m.;
iii)
Any buildings and structures existing as of June 14, 2021 which do
not comply with the provisions of the By-law are hereby recognized
as being in compliance with the zoning. All future buildings and
structures, or additions to existing buildings and structures, shall
comply with the provisions of the By-law;
iv)
Prior to removal of the 'H - Holding' provision, site alteration and
development shall be prohibited. Council may consider removal of the 'H
- Holding' provision in accordance with the Planning Act, R.S.O. 1990, once:
a)
A site plan agreement has been entered into and has been
accepted by the Township of Huron-Kinloss.
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August 13, 2018
August 13, 2018
25.152
By-law No. 2021-79 KINLOSS CON 1 PT LOT 11 RP; 3R10247 PART 1
[59 Whitechurch St]
i)
The minimum lot area shall be +/-3,043.00 sq. m.
25.153
By-law 2021-155 CON 9 W PT LOT 29 [2145 Concession 10]
i)
That a secondary farm residence is permitted;
ii)
That notwithstanding Section 4.7 Dwelling, Additional Residential Unit On
Farm, a secondary farm residence is permitted on farm with an area 20 ha;
iii)
That a home business is not permitted;
iv)
That the secondary farm residence shall be constructed in the
building cluster to the satisfaction of the Chief Building Official.
25.154
By-Law No. 2022-25 PLAN 706 PT LOTS 2 & 3 E; HURON RD PT LOT 12 N
[172 Seneca St]
i)
That the lot area shall be no less than 975 sq. m.;
ii)
That the lot frontage shall be no less than 21 m.;
iii)
An accessory building, structure or use shall be permitted prior to a
principal building, structure or use being erected to the satisfaction
of the Chief Building Official; and
iv)
Any buildings and structures existing as of February 7, 2022 which do not
comply with the provisions of the By-law are hereby recognized as
being in compliance with the zoning. All future buildings and
structures, or additions to existing buildings and structures, shall
comply with the provisions of the By-law;
v)
Development shall be serviced by an advanced tertiary sewage disposal
system that achieves at least 50% nitrate removal and meets the
specifications of the CAN/BNQ 3680-600 standard, as amended from
time to time or by connection to a Municipal sewage disposal system
25.155
By-law No. 2021-156 CON 10 PT LOT 27 [2056 Concession 10]
i)
That the lot area shall be no less than 34 ha;
ii)
Any buildings and structures existing as of November 8, 2021
which do not comply with the provisions of the By-law are hereby
recognized as being in compliance with the zoning. All future
buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of the By-law.
25.156
By-Law No. 2022-25 PLAN 706 PT LOTS 2 & 3 E; HURON RD PT LOT 12 N
[172 Seneca St]
i)
That the lot area shall be no less than 1002 sq. m.;
ii)
That the lot frontage shall be no less than 16 m.; and
iii)
Any buildings and structures existing as of February 7, 2022 which
do not comply with the provisions of the By-law are hereby
recognized as being in compliance with the zoning. All future
buildings and structures, or additions to existing buildings and
structures, shall comply with the provisions of the By-law;
131
iv)
Development shall be serviced by an advanced tertiary sewage
disposal system that achieves at least 50% nitrate removal and
meets the specifications of the CAN/BNQ 3680-600 standard, as
amended from time to time or by connection to a Municipal sewage
disposal system.
25.157
(Not used)
25.158
By-law No. 2021-121 CON 8 PT LOT 9 [2388 Bruce Rd 6]
i)
A Home Business - Professional use shall be permitted in an
accessory building and that the accessory building shall be no
greater than 1,000 sq. m;
ii)
The permitted Home Business - Professional use shall be limited to the
repair and sales of agricultural driveline components;
iii)
The residential property can be used for the keeping of horses without
applying Minimum Distance Separation requirements provided such
horses are the primary means of transportation for the occupants of the
dwelling unit and all manure can be appropriately stored away from
sensitive land uses and appropriately disposed of. The maximum
number of horses permitted on the property shall be determined to the
satisfaction of the Township of Huron-Kinloss; and
iv)
Prior to removal of the 'H - Holding' provision, site alteration and
development shall be prohibited. Council may consider removal of the 'H
- Holding' provision in accordance with the Planning Act, R.S.O. 1990,
once a site plan agreement has been entered into and has been
accepted by the Township of Huron-Kinloss.
25.159
By-Law No. 2021-121 CON 8 PT LOT 9 [2388 Bruce Rd 6]
i)
The residential property can be used for the keeping of horses without
applying Minimum Distance Separation requirements provided such
horses are the primary means of transportation for the occupants of the
dwelling unit and all manure can be appropriately stored away from
sensitive land uses and appropriately disposed of. The maximum
number of horses permitted on the property shall be determined to the
satisfaction of the Township of Huron Kinloss; and
ii)
The permitted Home Business - Professional use shall be limited to the
repair and sales of agricultural driveline components;
iii)
The residential property can be used for the keeping of horses without
applying Minimum Distance Separation requirements provided such
horses are the primary means of transportation for the occupants of the
dwelling unit and all manure can be appropriately stored away from
sensitive land uses and appropriately disposed of. The maximum
number of horses permitted on the property shall be determined to the
satisfaction of the Township of Huron-Kinloss; and
132
August 13, 2018
August 13, 2018
iv)
Prior to removal of the 'H - Holding' provision, site alteration and
development shall be prohibited. Council may consider removal of the 'H
- Holding' provision in accordance with the Planning Act, R.S.O. 1990,
once a site plan agreement has been entered into and has been
accepted by the Township of Huron-Kinloss.
25.160
By-Law No. 2022-76 CON 12 S PT LOT 10 [426 Hayes Lake Ave]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision AG1-25.160 shall be used in compliance with
the 'AG1' zone provisions contained in this By-law, excepting however that:
i)
ii)
A detached dwelling is not permitted;
That the lot frontage shall be no less than 19 m.
25.161
By-Law No. 2022-108 CON 12 PT OF LOT 1 [Part of 25 Huron-Kincardine E]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision AG1-25.161 shall be used in
compliance with the 'AG1' zone provisions contained in this By-law and may
be used for the permitted uses, excepting however that:
i)
That the lot area shall be no less than 21 hectares;
25.162
By-Law No. 2022-109 CON 11 LOT 14 [251 Hayes Lake Ave]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the land
identified with Special Provision 25.162-H1 shall be used in compliance with
the 'AG1' zone provisions contained in this By-law, excepting however that:
i)
ii)
iii)
iv)
A 'Parochial School' servicing the horse-drawn carriage
community is permitted;
The front yard setback be no less than 12 m;
When the 'Parochial School' use is no longer required by the horse-
drawn carriage community that the institutional use be discontinued
and the land be returned to agricultural use to the satisfaction of the
Zoning Administrator; and
That the lands on which the symbol H1 are shown are subject to the
provisions contained in Section 2.12 Holding Zones of the
Comprehensive Zoning By-law.
25.163
By-Law No. 2022-110 CON A PT LOT 51 [136 & 137 Boiler Beach Rd]
Notwithstanding the provisions of the Resort/Recreational Commercial (RRC)
Zone, the land identified with Special Provision RRC-25.163 shall be used in
compliance with the 'RCC' zone provisions contained in this By-law, excepting
however that:
i)
That the lot area shall be no less than 2589 sq. m.;
ii)
iii)
That the lot frontage shall be no less than 45 m.; and
Any buildings and structures existing as of June 13, 2022 which do not
comply with the provisions of the By-law are hereby recognized as being in
compliance with the zoning. All future buildings and structures, or additions
to existing buildings and structures, shall comply with the provisions of the
By-law; and any future development will comply with Provincial criteria for
nitrates, this may require updates to existing septic services.
25.164
By-law No. 2022-110 CON A PT LOT 51 [136 & 137 Boiler Beach Rd]
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision R1-25.164 shall be used in compliance with
the 'R1' zone provisions contained in this By-law, excepting however that:
i)
ii)
iii)
iv)
That the lot area shall be no less than 782 sq. m;
That the lot frontage shall be no less than 13 m; and
Any buildings and structures existing as of June 13, 2022 which do
not comply with the provisions of the By-law are hereby recognized
as being in compliance with the zoning. All future buildings and
structures, or additions to existing buildings and structures, shall
comply with the provisions of the By-law;
Development shall be serviced by an advanced tertiary sewage
disposal system that achieves at least 50% nitrate removal and
meets the specifications of the CAN/BNQ 3680-600 standard, as
amended from time to time or by connection to a Municipal sewage
disposal system.
25.165
By-law No. 2022-131 CON 11 PT OF LOT 26 RP; 3R5490 PART 1
[1183 Sideroad 25]
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
land identified with Special Provision AG1-25.165 shall be used in compliance
with the 'AG1' zone provisions contained in this By-law and may be used for
the permitted uses, with the additional permitted uses of weddings and other
private events, including catered events, instructional events, ceremonies,
retreats and receptions. Notwithstanding the provisions of Section 6.4 to the
contrary, temporary lawn parking areas, portable washrooms and temporary
shade structures may occupy up to 35% of the lot area.
25.166
By-law No. 2022-107 CON 8 PT LOT 16 HURON W SEC; M49 PCL PLAN 2
[29,30,31,33,35,37,39 & 41 McTavish Cr]
Notwithstanding the provisions of the Lifestyle Community Residential (LCR) Zone,
the land identified with Special Provision LCR-25.166 shall be used in compliance
with the 'LCR' zone provisions contained in this By-law, excepting however that:
i)
The permitted uses shall include:
-
Accessory Use (Section 4.1)
-
Associated Community Facilities
-
Dwelling, Single Detached
-
Dwelling, Semi-detached
-
Dwelling, Townhouse
-
Land Lease Community
-
Land Lease Community Home
-
Life Lease Community
-
Life Lease Community Home
-
Mobile Home
-
Mobile Home Park
134
August 13, 2018
135
August 13, 2018
ii)
iii)
iv)
v)
vi)
'Land Lease Community", shall mean a parcel of land containing two or
more 'Land Lease Community Lots' and which is under single
management or ownership. A 'cooperative community' or 'condominium
corporation' shall also be defined as a 'Land Lease Community'.
'Land Lease Community Home', shall mean a building or structure
containing one or more dwelling units occupied by one or more persons
and constructed for permanent use where the owner of the dwelling unit
leases the land used or intended for use as the site for the dwelling. A
'Land Lease Community Home' shall not include a park model trailer,
mobile home, camping trailers or a trailer house.
'Land Lease Community Lot', shall mean a parcel of land within a 'Land
Lease Community' intended for occupancy by a 'Land Lease
Community Home' but is not capable of having an interest in land
conveyance pursuant to the Planning Act.
'Life Lease Community', shall mean a parcel of land containing two or
more 'Life Lease Community Homes' and which is owned by the 'Life
Lease Community' occupants and the developer or a third party.
'Life Lease Community Home', shall mean a separate building or
structure containing one or more dwelling units occupied by one or
more persons and constructed for permanent use where those persons
hold the right to occupy the unit or units and ancillary rights related to
the 'Life Lease Community'. A 'Life Lease Community Home' shall not
include a park model trailer, mobile home, camping trailers or a trailer
house.
25.167
By-law No. 2022-107 CON 8 PT LOT 16 HURON W SEC; M49 PCL PLAN 2
[29,30,31,33,35,37,39 & 41 McTavish Cr]
Notwithstanding the provisions of the Lifestyle Community Residential (LCR) Zone,
the land identified with Special Provision LCR-25.167 shall be used in compliance
with the 'LCR' zone provisions contained in this By-law, excepting however that:
i)
ii)
iii)
That the exterior side yard shall be no less than +/-4.5m
The permitted uses shall include:
-
Accessory Use (Section 4.1)
-
Associated Community Facilities
-
Dwelling, Single Detached
-
Dwelling, Semi-detached
-
Dwelling, Townhouse
-
Land Lease Community
-
Land Lease Community Home
-
Life Lease Community
-
Life Lease Community Home
-
Mobile Home
-
Mobile Home Park
'Land Lease Community", shall mean a parcel of land containing two or
more 'Land Lease Community Lots' and which is under single
management or ownership. A 'cooperative community' or 'condominium
corporation' shall also be defined as a 'Land Lease Community'.
August 13, 2018
iv)
v)
vi)
vii)
'Land Lease Community Home', shall mean a building or structure
containing one or more dwelling units occupied by one or more
persons and constructed for permanent use where the owner of the
dwelling unit leases the land used or intended for use as the site for
the dwelling. A 'Land Lease Community Home' shall not include a park
model trailer, mobile home, camping trailers or a trailer house.
'Land Lease Community Lot', shall mean a parcel of land within a 'Land
Lease Community' intended for occupancy by a 'Land Lease
Community Home' but is not capable of having an interest in land
conveyance pursuant to the Planning Act.
'Life Lease Community', shall mean a parcel of land containing two or
more 'Life Lease Community Homes' and which is owned by the 'Life
Lease Community' occupants and the developer or a third party.
'Life Lease Community Home', shall mean a separate building or
structure containing one or more dwelling units occupied by one or
more persons and constructed for permanent use where those persons
hold the right to occupy the unit or units and ancillary rights related to
the 'Life Lease Community'. A 'Life Lease Community Home' shall not
include a park model trailer, mobile home, camping trailers or a trailer
house.
25.168
By-law No. 2022-158 PLAN 226 PT LOTS 1 & 2 [206 Bruce Rd 86]
Notwithstanding the provisions of the Residential (R1) Zone, the land
identified with Special Provision R1-25.186 shall be used in compliance with
the 'R1' zone provisions contained in this By-law, excepting however that:
i)
ii)
iii)
iv)
v)
The minimum lot area shall be 0.14 ha;
The minimum lot width shall be 40.2 m (132 ft);
The driveway and/or parking spaces shall not be located off of Bruce
Road 86;
Two (2) off-street parking spaces shall be required; and
Buildings and structures existing as of September 12, 2022 which do
not comply with the provisions of this By-law are hereby recognized.
All future buildings and structures, or additions to existing buildings
and structures, shall comply with the 'R1 - Residential' and 'General'
provisions of this By-law.
25.169
By-law No. 2022-194 KINLOSS CON 1 PT LOTS 37 TO 40
[760 Bruce Road 86]
Notwithstanding the provisions of the Agriculture Rural (AG4) Zone, the land
indentified with Agriculture Rural Special (AG4-25.169 shall be used in
compliance with the AG4 zone provisions contatined in this by-law, excepting
however that;
i) a second dwelling fro permanent year-round use shall be permitted
ii) There shall be no more than two (2) dewllings on the subject property
136
August 13, 2018
137
August 13, 2018
25.170
By-law No. 2023-16 CON 5 W PT OF LOT 27 E PT OF LOT 28 and
CON 5 E PT OF LOT 27
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
lands identified with Special Provision AG1-25.170 shall be used in
compliance with the AG1 zone provisions contained in this By-Law and may
be used for the permitted uses, excepting however that the minimum lot area
for the lot shall be 25.2 hectares.
25.171
25.172
By-law No. 2023-16 CON 5 W PT OF LOT 27 E PT OF LOT 28 and
CON 5 E PT OF LOT 27
Notwithstanding the provisions of the General Agriculture (AG1) Zone, the
lands identified with Special Provision AG1-25.171 shall be used in
compliance with the AG1 zone provisions contained in this By-Law and may
be used for the permitted uses, excepting however that the minimum lot area
for the lot shall be 24 hectares.
By-law No. 2023-13 CON 14 PT OF LOT 12 W/S ROSS ST RP; 3R1910
PT PART 2 RP 3R1961 PART 1 RP; 3R1982 PART 2 [412 Ross St]
Nothwithstanding the provisions of the Residential Three (R3) Zone or any
other provisions of this By-law to the contrary, the lands identified with
Special Provision R3-25.172 and R3-25.172 (F) shall be used in complaince
with the R3 zone provisions contained in this by-law and used for permitted
uses, excepting however that;
1. Parking will be provided at a rate of 1.9 spaces per unit
2. A lot frontage of 12.1 metres is recognized
3. An interior side yard setback of 0.5 is recognized; and
4. A rear yard setback of 4.5 metres is recogized.
25.173
By-law No. 2023-70 CON A PT LOT 52, PT LOT 53 RP; 3R924 PART 1 TO
2 [126 Boiler Beach Rd]
Nothwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-
25.173-H1' on Schedule 'A' to this By-law shall be used in accordance with the
'R1' Zone provisions contained in this By-law, excepting however, that:
i) The minimum lot frontage shall be no less than 19 meters.
ii) The minimum lot area shall be no less than 822 square meters.
iii) Any buildings and structures existing as of June 12, 2023 which do not comply
with the provisions of the By-law are hereby recognized as being in compliance
with the zoning. All future buildings and structures, or additions to existing
buildings and structures, shall comply with the provisions of the By-law;
iv) In areas of high archeological potential, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H) zone provision is
removed, and;
v) Development shall be serviced by an advanced tertiary sewage disposal
system that achieves at least 50% nitrate removal and meets the
specifications of the CAN/BNQ 3680-600 standard, as amended from time
to time or by connection to a Municipal sewage disposal system.
August 13, 2018
25.174
By-law No. 2023-11 CON A PT OF LOT 7 RP; 3R9664 PART 1 [219 Lake Range
Dr] and HURON CON A PT LOT 7 RP; 3R10132 PART 1 [414 Winnebago Rd]
Notwithstanding the provisions of Section 2.10 Interpretation of Zone Boundaries,
the area zoned as EP-25.174 includes the area 70 metres from
the rear lot line for the entire width of the lot. No buildings or structures are
permitted with the EP-25.174 zone.
25.175
By-law No.2023-45 CON 1 PT LOT 47 RP; 3R1415 PART 1
[2586 Bruce Rd 86]
Notwithstanding the provisions of the Agricultural Residential (AG3) Zone,
the land identified with Agricultural Residential Special (AG3-25.175) shall
be used in compliance with the 'AG3' zone provisions contained in this By-
law, excepting however that:
i)
ii)
iii)
iv)
A second dwelling for permanent year-round use shall be permitted;
There shall be no more than two (2) dwellings on the subject property;
The rear yard setback shall be no less than 4 metres;
The lot area shall be no less than 2800 square meters.
25.176
By-law No. 2023-70 CON A PT LOT 52, PT LOT 53 RP; 3R924 PART 1 TO
2 [126 Boiler Beach Rd]
Nothwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-
25.176-H1' on Schedule 'A' to this By-law shall be used in accordance with the
'R1' Zone provisions contained in this By-law, excepting however, that:
i) The minimum lot frontage shall be no less than 19 meters.
ii) The minimum lot area shall be no less than 786 square meters.
iii) Any buildings and structures existing as of June 12, 2023 which do not comply
with the provisions of the By-law are hereby recognized as being in compliance
with the zoning. All future buildings and structures, or additions to existing
buildings and structures, shall comply with the provisions of the By-law;
iv) In areas of high archeological potential, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H) zone provision is
removed, and;
v) Development shall be serviced by an advanced tertiary sewage disposal
system that achieves at least 50% nitrate removal and meets the
specifications of the CAN/BNQ 3680-600 standard, as amended from time
to time or by connection to a Municipal sewage disposal system.
25.177
By-law No. 2023-71 CON 2 PT LOT 16 RP; 3R9355 PARTS 1 AND 2
[2264 Concession 2]
Nothwithstanding their 'AG1' Zoning designation, those lands delineated as 'AG1-
25.177' on Schedule 'A' to this By-law shall be used in accordance with the
'AG1' Zone provisions contained in this By-law, excepting however, that:
i) The following on farm diversified uses shall be permitted: construction and
excavation and snow removal business; and associated outdoor storage of
construction equipment, fleet vehicles, and materials releated to construction
and excavation.
138
25.178
By-Law No. 2023-108 CON 11 N PT LOTS 11 & 12 [369 Hayes Lake Ave]
Notwithstanding their 'R1' Zoning designation, those lands delineated as
'AG4-25.178' on Schedule 'A' to this By-law shall be used in accordance
with the 'AG4' Zone provisions contained in this By-law, excepting
however, that the minimum lot area shall be no less than 19 hectares
25.179
By-Law No. 2023-136 1942 Concession 2 - CON 2 LOT 8 and CON 3 PT LOTS 8
& 9
Notwithstanding their 'AG3' Zoning designation, those lands delineated as 'AG3-
25.179' on Schedule 'A' to this By-law shall be used in accordance with the 'AG3'
Zone provisions contained in this By-law, excepting however, that:
i) Any buildings and structures existing as of December 11, 2023, which do
not comply with the provisions of the By-law are hereby recognized as being
in compliance with the Zoning By-law. All future buildings and structures, or
additions to existing buildings and structures, shall comply with the
provisions of the By-law.
Note: The H1 zoning provision addresses areas of high archaeological
potential per Section 2.12.
25.180
By-law No. 2024-52 2514 Bruce Road 86
Notwithstanding their 'AG3' Zoning designation, those lands delineated as 'AG3-
25.180' on Schedule 'A' to this By-law shall be used in accordance with the 'AG3'
Zone provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of May 13, 2024, which do not comply with
height, yard setbacks, lot coverage, and ground floor area provisions of the Zoning
By-Law are hereby recognized. All future buildings and structures, or additions to
existing buildings and structures, shall comply with the provisions of the Zoning
By-Law.
ii)
The minimum lot frontage shall be no less than 20 meters.
25.181
By-law No. 2024-76 24 Park St, Ripley
Notwithstanding the provisions of the Residential (R3) Zone, the land identified with
Special Provision R3-25.181 shall be used in compliance with the 'R3' zone
provisions contained in this By-law, excepting however that:
i.
That the minimum rear yard for each unit in a Townhouse dwelling on a private road
shall be no less than 6.4 metres;
ii.
The minimum interior side yard setback for each end unit in a Townhouse dwelling
on a private road shall be no less than 2.0 metres;
iii.
The minimum interior side yard setback for each interior unit in a Townhouse dwelling
on a private road sharing a common wall with another unit shall be 0 metres;
iv.
That the minimum lot frontage for each unit in a Townhouse dwelling on a private
road shall be no less than 11.3 metres; and,
v.
That a stormwater management facility shall also be permitted.
vi.
That a maximum of 48 units be permitted on the lands subject to the application.
SCHEDULE 'A'
SCHEDULE 'B'
e
Paxton St
Northline Ave
Zoning By-law 2018-98
Wellhead Protection Areas
Highway 9
Saratoga Rd
Huronville-Well #2
Saugeen Valley
Southlin Ave
Guest Av
Hayes Lake Ave
Legend
Township Boundary
Settlement Boundary
Source Protection Plan Area
Concession 10
Murdock Glen-Well #2
Ripley-Well #1 & #2
Concession 8
Statters Lake Ave
Bruce Road 6
Source Protection Area Boundary
Wellhead Protection Area
WHPA - A
WHPA - B
Concession 6
Blair Grove-Well #2
Concession 4
Concession 6 East
Kairshea Ave
Maitland Valley
Ox Ave
NOTE:
WHPA - C
WHPA - D
Point Clark-Well #2
Source Protection Plan Area
Concession 2
Lucknow-Well #4
South Kinloss Ave
The Source Water Protection policies of Section
2.9.3 of this Plan do not apply to lands outside of
the Settlement Area boundary. Lands outside of
the Settlement Area boundary must conform to
the policies of the Bruce County Official Plan.
Ashfield-Huron
Lake Huron
Bruce Road 86
Lucknow-Well #5
Whitechurch Well
Bruce Ro
Sideroad 30
Sideroad 25
Sideroad 20 South
Huron St
Bruce Road 7
Sideroad 5
Bushell St
Burt St
Lockart St
Walker'S Line
Wolfe St
1
:
1
8
0
,
0
0
0
0
1.5
3
6
9
Kilometers
Sources
Produced using basemap data provided by the County of
Bruce © 2013. Information under license with Saugeen Valley
Conservation Authority © 2015; Maitland Valley Conservation
Authority © 2010; MNRF © 2011, Township of Huron-Kinloss © 2011
Zoning By-law 2018-98
Wellhead Protection Areas
Lucknow
Legend
Settlement Boundary
Township Boundary
Lucknow - Well #4
Lucknow - Well #5
Wellhead Protection Area
WHPA - A
WHPA - B
WHPA - C
Vulnerability Score
6 or Less
8
10
NOTE:
The Source Water Protection policies of Section
2.9.3 of this Plan do not apply to lands outside of
the Settlement Area boundary. Lands outside of
the Settlement Area boundary must conform to
the policies of the Bruce County Official Plan.
±
1:25,000
0
250 500
1,000
Meters
Lucknow Line
Harper Line
St Helens Line
Malcolm St
Queen St
Bruce Road 6
Jessie St
Tain St
Ripley - Wells #1 & #2
Park St
Legend
The Source Water Protection policies of Section 2.9.3
of this Plan do not apply to lands outside of the
Settlement Boundary
Settlement Area boundary. Lands outside of the
Settlement Area boundary must conform to the policies
Township Boundary
of the Bruce County Official Plan.
Wellhead Protection Area
WHPA - A
WHPA - B
WHPA - C
Vulnerability Score
6 or Less
8
Township of
Schedule 'B-2'
Zoning By-law 2018-98
Wellhead Protection Areas
Ripley
0
260
Mcgill St
Huron St
Blake St
Macleod St
William St N
William St S
Saratoga Rd
Huronville - Well #2
Lake Huron
Concession 12
Murdock Glen - Well #2
Concession 10
The Source Water Protection policies of Section 2.9.3
Settlement Boundary
of this Plan do not apply to lands outside of the
Settlement Area boundary. Lands outside of the
Settlement Area boundary must conform to the policies
Township Boundary
of the Bruce County Official Plan.
Wellhead Protection Area
WHPA - A
WHPA - B
WHPA - C
Vulnerability Score
6 or Less
8
10
Township of
Schedule 'B-3'
Zoning By-law 2018-98
Wellhead Protection Areas
Lakeshore Urban Area
North
0
760
North Baseline
Highway 21
Blair Grove - Well #2
Concession 4
Lake Huron
Concession 2
Concession 2
Point Clark - Well #2
Ashfield-Huron
Legend
NOTE:
The Source Water Protection policies of Section 2.9.3
of this Plan do not apply to lands outside of the
Settlement Boundary
Settlement Area boundary. Lands outside of the
Settlement Area boundary must conform to the policies
Township Boundary
of the Bruce County Official Plan.
Wellhead Protection Area
WHPA - A
WHPA - B
WHPA - C
Vulnerability Score
6 or Less
8
10
Township of
Schedule 'B-4'
Zoning By-law 2018-98
Wellhead Protection Areas
Lakeshore Urban Area
South
0
200
thur St
Bruce Road 86
Legend
NOTE:
The Source Water Protection policies of Section 2.9.3
of this Plan do not apply to lands outside of the
Township Boundary
Settlement Area boundary. Lands outside of the
Settlement Area boundary must conform to the policies
Settlement Boundary
of the Bruce County Official Plan.
Wellhead Protection Area
WHPA - A
WHPA - B
WHPA - C
Vulnerability Score
6 or Less
8
10
Township of
Schedule 'B-5'
Zoning By-law 2018-98
Wellhead Protection Areas
Whitechurch
0
45
90
180
APPENDIX 'A'
Building Height - Average Grade
Ridge -
Midpoint between
Ridge and Eaves
A
B
C
D
E
F
Finished Grade
Front Wall
Eave
A
B
F
D
E
Average Grade
Example:
A + B + C + D + E + F
Average
6
Grade
C
REQUIRED YARDS
Required Yard
Yard Depth / Width
Req`d
Exterior Side
Yard
Exterior Side
Yard
Req`d
Front Yard
Req`d
Rear Yard
Rear
Yard
Principal
Building
Interior
Side Yard
Front
Yard
Req`d
Interior
Side Yard
Rear
Yard
Req`d
Rear Yard
Rear
Yard
Req`d
Rear Yard
Req`d Exterior
Side Yard
24m
Req`d
Interior
Side Yard
Interior
Side Yard
Principal
Building
Interior
Side Yard
Interior
Side Yard
Req`d
Interior
Side Yard
d
Front
Yard
Exterior Side
Yard
Front
Yard
Req`d
Front Yard
Req`d
Front Yard
Street
24m
Street
Princ
ipal
Buil ing
STOREY DEFINITIONS
2nd STOREY / FLOOR
1st STOREY / GROUND FLOOR
BASEMENT
ATTIC
2nd. STOREY / FLOOR
1st. STOREY / FLOOR
CELLAR
MORE
THAN 50%
LESS THAN
2.0m
2.0m
OR MORE
LESS
THAN
50%
REAR
LOT LINE
EXTERIOR SIDE LOT LINE
LOTS AND STREET FRONTAGE
INTERIOR
LOT
INTERIOR
LOT
INTERIOR
LOT
INTERIOR SIDE
LOT LINE
REAR
LOT LINE
REAR
LOT LINE
LOT
LINES
NAVIGABLE
WATERBODY
INTERIOR SIDE
LOT LINE
FRONT
LOT LINE
CORNER
LOT
INTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
REAR
LOT LINE
FRONT
LOT LINE
INTERIOR
LOT
INTERIOR LOT
CORNER
LOT
WATERFRONT
LOTS
FRONT
LOT LINE
FRONT
LOT LINE
INTERIOR
LOT
INTERIOR
LOT
REAR
LOT LINE
LANDLOCKED
LOT
INTERIOR
LOT
FRONT
LOT LINE
THROUGH WATERFRONT LOT
INTERIOR SIDE LOT LINE
INTERIOR
LOT
FRONT LOT LINE
INTERIOR LOT
WATERFRONT
LOT
EXTERIOR SIDE LOT LINE
INTERIOR
LOT
CORNER
LOT
CORNER
LOT
CORNER
LOT
INTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
THROUGH LOT
INTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
INTERIOR
LOT
INTERIOR
LOT
CORNER
LOT
CORNER
LOT
INTERIOR
LOT
INTERIOR
LOT
STREET FRONTAGE
BUILDING HEIGHT
HIP ROOF
RIDGE
Height of
GABLE ROOF
Building
1/2
1/2
1/2
1/2
Mean
Height
RIDGE
Height of
Building
1/2
1/2
1/2
1/2
Mean
Height
EAVES
EAVES
FLAT ROOF
MANSARD ROOF
Roof Surface
Height of
Building
Roof Deck
Line
RIDGE
Height of
Building
ACCESSORY STRUCTURE
GAMBREL ROOF
Height of
Structure
RIDGE
1/2
1/2
Mean
Height of
Building
1/2
1/2 Height
EAVES
PARKING SPACE SIZE AND PARKING AISLE REQUIREMENTS
0 - 45 degree angle
Minimum width of
access ramp = 3.5m
45 - 60 degree angle
Minimum width of
access ramp = 3.5m
60 - 90 degree angle
Minimum width of
access ramp = 3.5m
45
2.75 m
4.0 m
60
2.75m
6.0m
90
2.75m
6.0m
6.0 m