Town of Ingersoll Zoning By-law 04-4160 - Definitions

Ingersoll, Ontario · No. 04-4160 · summary & facts

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SECTION 4.0 DEFINITIONS Page 4-1 Town of Ingersoll Zoning By-Law Number 04-4160 INDEX OF DEFINITIONS A Abattoir Accessory Additional Residential Unit Adult Entertainment Establishment Alter Amenity Area Animal Care Establishment Animal Kennel Animal Shelter Arterial Road Assembly Hall Asphalt or Concrete Batching Plant Attached Attic Auction Establishment Automobile Body Repair Shop Automobile Service Station B Basement Bed and Breakfast Establishment Boundary Adjustment Building Building Envelope Building Inspector/Chief Building Official Building Supply Store Bus Station Business or Professional Office Business Service Establishment C Carport Cargo Container Cellar Class I Industrial Facility Class II Industrial Facility Class III Industrial Facility Communications Structure Communications Establishment Community Centre Conservation Project Contractor's Shop or Yard Corporation Council County County Road D Daycare Centre Day Care, Private Home Deck Department Store Driveway Dry Cleaning Establishment Dwelling Apartment Dwelling Boarding or Lodging House Converted Dwelling Duplex Dwelling Mobile Dwelling Multiple Unit Dwelling Semi-Detached Dwelling Single Detached Dwelling Street Fronting Townhouse Dwelling Dwelling Unit Dwelling Unit Area E Eating Establishment Electrical Distribution Facility Elevation Average Erect Established Building Line Existing F Farm Fitness Club Floodway Flood Fringe Fraternal Lodge or Institutional Hall Fuel Storage Tank G Garage, Private Garage, Public Garden Suite Golf Course Grade, Finished Gross Floor Area Gross Leasable Commercial Floor Area Gross Vehicle Weight Ground Floor Area Group Home Group Home, Correctional Guest Room H Habitable Room Height Home Improvement Supply Store Home Occupation Hospital, Private Hospital, Public Hotel or Motel I Industrial Mall Infrastructure Individual On-Site Water System Individual On-Site Sewage System L Landfill Landscaped Open Space Lane SECTION 4.0 DEFINITIONS Page 4-2 Town of Ingersoll Zoning By-Law Number 04-4160 Long Term Care Facility Lot Corner Lot Interior Lot Through Lot Lot Area Lot Coverage Lot Depth Lot Frontage Lot Line Front Lot Line Rear Lot Line Side Lot Line Exterior Side Lot Line M Main Building Medical Centre Microbrewery Mobile Home Park Monastery Motel Motor Home Motor Vehicle, Motor Vehicle, Commercial Motor Vehicle Dealership Motor Vehicle Washing Establishment Municipal Drain Municipal Sewage System Municipal Water System Municipal Yard N Natural Hazards Noise Sensitive Land Use Non-Conforming Non-Complying Nursery O Occupancy One Hundred Year Erosion Limits Open Storage Outdoor Display and Sales Area Owner P Park Passive Use Private Public Parking Aisle Parking Area Parking Lot Parking Space Parking Space, Tandem Permitted Person Personal Service Establishment Place of Entertainment Place of Worship Principal Dwelling Printing Shop Private Communal Sewage System Private Communal Water System Provincial Highway Public Library Pump Island R Recreational Building (Indoor Sports) Recreational Trail Recreational Vehicle Recycling Facility Regulatory Flood Plain Rendering Plant Retail Store Risk Management Official S Salvage Yard Sand or Gravel Pit Sanitary Sewer School Public Private Commercial Service Shop Setback Septic System and/or Holding Tank Sewage Treatment Facility Shopping Centre Sign Sight Triangle Significant Drinking Water Threat Soil Processing Operation Special Needs Home Storey Storey, First Storm Sewer Street Street, Improved Street Line Structure Studio T Town Road Trailer Truck Stop Truck Transportation Terminal U Use V Veterinary Clinic W Warehouse Waste Transfer Station Watercourse Water Supply Wayside Sand or Gravel Pit or Stone Quarry Wellhead Protection Area Wholesale Outlet SECTION 4.0 DEFINITIONS Page 4-3 Town of Ingersoll Zoning By-Law Number 04-4160 Y Yard Front Yard Front Yard Depth Rear Yard Rear Yard Depth Side Yard Side Yard Width Exterior Side Yard Interior Side Yard Yard, Required Z Zoning Officer/By-Law Enforcement Officer SECTION 4.0 DEFINITIONS Page 4-4 Town of Ingersoll Zoning By-Law Number 04-4160 In this By-Law, unless the context requires otherwise: "ABATTOIR", means a building or structure, or portion thereof, where animals are slaughtered for the purposes of processing meat into food for human consumption and where meat products are produced, processed, handled, stored or sold. "ACCESSORY", when used to describe a use, building or structure means a use, a building or a structure that is subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. "ADDITIONAL RESIDENTIAL UNIT", means a dwelling unit located within the principal dwelling on the lot or in a permanent detached accessory building on the lot, and which is secondary and subordinate to the principal dwelling on the lot. Additional residential unit(s) shall not include a trailer, a mobile home, a motor home or recreational vehicle as defined herein. (Added by By-Law 24-5318) "ADULT ENTERTAINMENT ESTABLISHMENT", means any premises or part thereof, that offers in the pursuance of a business as follows: a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations and are provided in the premises or part of the premises; or b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body, are performed, offered or solicited in the premises or part of the premises, excluding premises or part of them where body-rubs performed, offered or solicited are for the purposes of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario. "ALTER", when used in reference to a building, structure or part thereof, means to change one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to decrease the width, depth or area thereof or to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The words "altered" and "alteration" shall have corresponding meanings. When used in reference to a use, to discontinue and replace a use, in whole or in part, with a use as defined herein which is distinct and different from the discontinued use. "AMENITY AREA", means an area or areas intended for use for recreation or aesthetic purposes within the boundaries of a lot and may include landscaped open space, patios, balconies, communal lounges, swimming pools, recreation facilities and any other areas which may be used for recreational or aesthetic purposes, but shall not include any driveway or parking area. SECTION 4.0 DEFINITIONS Page 4-5 Town of Ingersoll Zoning By-Law Number 04-4160 "ANIMAL CARE ESTABLISHMENT", means any premises for the caring, grooming, and training of household pets without outdoor pens, exercise areas or the overnight accommodations, and shall not include an animal kennel or animal shelter as defined herein. (Added by By-Law 24-5329) "ANIMAL KENNEL", means any lot, building or structure, where household pets, excluding exotic pets, are housed or are to be housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment, but shall not include an animal care establishment as defined herein. (Delete and Replaced by By-Law 24-5329) "ANIMAL SHELTER", means premises used for the care of lost, abandoned or neglected animals, but shall not include an animal kennel, veterinary clinic or animal care establishment as defined herein. (Delete and Replaced by By-Law 24-5329) "ARTERIAL ROAD", means an arterial road as designated on Schedule "B", to this By-Law. "ASSEMBLY HALL", means a building or part of a building in which facilities are provided for such purposes as meetings for civic, educational, political, religious, or social purposes and shall include a banquet hall or private club. "ASPHALT OR CONCRETE BATCHING PLANT", means an industrial facility used for the production of asphalt or concrete used in building or construction and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products. "ATTACHED", shall mean a building, otherwise complete in itself, which depends for structure support, or complete enclosure, upon a divisional wall or walls shared in common with adjacent building or buildings. "ATTIC", means the portion of a building situated wholly or in part within the roof and which is not a one-half storey. "AUCTION ESTABLISHMENT", means a building or part thereof used for the retail sale of articles or goods to members of the public bidding the highest offer for the article or goods during the sale proceedings. "AUTOMOBILE BODY REPAIR SHOP", means a general industrial establishment for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and without limiting the generality of the foregoing, includes the reconstruction of motor vehicles, the painting and repainting of motor vehicles and the rebuilding or conversion of automobile engines or engine parts, but does not include an automobile service station, a public garage, a salvage yard or a gas bar. SECTION 4.0 DEFINITIONS Page 4-6 Town of Ingersoll Zoning By-Law Number 04-4160 "AUTOMOBILE SERVICE STATION", means a retail place of business, the prime function of which is the sale of automotive fuels and products and/or providing repair service, washing and maintenance to motor vehicles, excluding body and fender work and painting. "BASEMENT", means that portion of a building between two floor levels which is partly underground but which has at least one half of its height, from finished floor to finished ceiling, above the adjacent finished grade. "BED AND BREAKFAST ESTABLISHMENT", means a single detached dwelling in which no more than three guest rooms are made available by the resident of the dwelling for the temporary accommodation of the travelling or vacationing public. Such establishments may offer light meals to those persons temporarily residing at the establishment. A Bed and Breakfast establishment shall not include a hotel or motel or eating establishment, as defined herein. "BOARDING OR LODGING HOUSE", See "DWELLING". "BOUNDARY ADJUSTMENT", means the alteration of the lot area and/or lot frontage of an existing residential lot by a decision of the Oxford County Land Division Committee, or by other legal means, but shall not include any alteration that results in the creation of a new lot. "BUILDING", means any edifice, whether temporary or permanent, used or intended to be used for shelter, accommodation or enclosure of persons, animals or chattels other than a lawful boundary wall or fence. "BUILDING ENVELOPE", means a buildable area on a lot, defined by the minimum front yard depth, rear yard depth and side yard width requirements and maximum height requirements, within which a building can be erected. "BUILDING SUPPLY STORE", means a building or structure in which building or construction and home improvement materials are offered or kept for sale at retail, but does not include the open storage of such materials. "BUS STATION", means a building or premises where commercial motor vehicles pick up and discharge paying passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses. "BUSINESS OR PROFESSIONAL OFFICE", means a building or part thereof in which administrative functions are carried out or in which any technical or professional service is practiced or performed and shall include service offices such as travel, insurance and/or real estate agencies, but shall not include a medical centre, a personal service establishment, a veterinary clinic, an adult entertainment establishment, or any other use listed in this By-Law. SECTION 4.0 DEFINITIONS Page 4-7 Town of Ingersoll Zoning By-Law Number 04-4160 "BUSINESS SERVICE ESTABLISHMENT", means an establishment primarily engaged in providing services to business establishments on a fee or contract basis, including advertising and mailing, building maintenance, employment services, accounting services, protective services, janitorial services, file storage and management services, computer services and blueprinting or photocopying services. "CARPORT", means a building or structure, at least forty per cent (40%) of the area of the perimeter walls of which are open and unobstructed by any wall, door, post or pier, a) Which is used for the temporary parking or storage of private passenger motor vehicles or commercial motor vehicles of less than one (1) tonne maximum capacity; and b) Wherein neither servicing nor repairing is carried on for profit. (Delete and Replaced by By-Law 24-5329) "CARGO CONTAINER", means an industrial, standardized reusable vessel that was: a) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or b) designed for or capable of being mounted or moved on a rail car; and/or c) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. "CELLAR", means that portion of a building between two floor levels which is partly or wholly underground and which has more than one half of its height, from finished floor to finished ceiling, below adjacent finished grade. "CHIEF BUILDING OFFICIAL/BUILDING INSPECTOR ", means any person or persons appointed by the Council of the Corporation, who is charged with the duty of enforcing the provisions of the Ontario Building Code and Town By-Laws. "CLASS I INDUSTRIAL FACILITY", means a place of business for a small-scale self-contained plant or building which produces/stores a product that is contained in a package and has low probability of fugitive emissions. Outputs are infrequent and could be point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration. There are daytime operations only, with infrequent movement of products and/or heavy trucks and no outside storage. "CLASS II INDUSTRIAL FACILITY", means a place of business for medium scale processing and manufacturing with outdoor storage of wastes or materials (i.e. it has an open process) and/or there are periodic outputs of minor annoyance. There are occasional outputs of either point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration, and low probability of fugitive emissions. Shift operations are permitted and there is frequent movement of products and/or heavy trucks during daytime hours. SECTION 4.0 DEFINITIONS Page 4-8 Town of Ingersoll Zoning By-Law Number 04-4160 "CLASS III INDUSTRIAL FACILITY", means a place of business for large scale manufacturing or processing, characterized by: large physical size, outside storage of raw and finished products, large production volumes and continuous movement of products and employees during daily shift operations. It has frequent outputs of major annoyance and there is high probability of fugitive emissions. "COMMUNICATIONS STRUCTURE", means a structure that is intended for transmitting or receiving television, radio, or other telecommunications, but shall not include a radio or television antennae accessory to a permitted residential use. "COMMUNICATIONS ESTABLISHMENT", means any building, plant, works, equipment or infrastructure which is used for the purpose of providing a telephone or telecommunication service and associated office and administrative functions, including television and radio stations, cable companies, telephone and wireless service providers and other similar uses. "COMMUNITY CENTRE", means a building used for community activities, the control of which is vested in the Corporation, a local board, or trustees. "BATCHING PLANT", See "ASPHALT OR CONCRETE BATCHING PLANT". "CONSERVATION PROJECT", shall mean the use of a lot, building or structure by the Federal or Provincial Government, the County, the Corporation, a Conservation Authority, or agent thereof or a educational or non-profit group, for the purpose of preserving, managing, or studying natural resources. "CONTRACTOR'S SHOP OR YARD", means the premises of a construction company or contractor used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business shop or assembly work and the stockpiling or storage of supplies used in the business. "CONVERTED DWELLING", - See "DWELLING". "CORPORATION", means the Corporation of the Town of Ingersoll. "COUNCIL", means the Municipal Council of the Corporation of the Town of Ingersoll. "COUNTY", means the Corporation of the County of Oxford. "COUNTY ROAD", means a street under the jurisdiction of the County. "DAYCARE CENTRE", means a facility licensed under Provincial statute which accommodates a minimum of 7 children for the purposes of providing temporary care for a period of time not exceeding 24 hours. (Delete and Replaced by By-Law 24-5329) SECTION 4.0 DEFINITIONS Page 4-9 Town of Ingersoll Zoning By-Law Number 04-4160 "DAYCARE, PRIVATE HOME", means a facility licensed under Provincial statute which accommodates not more than 6 children under thirteen years of age in a private residence, other than the home of a parent or legal guardian of any such child, for a continuous period not exceeding 24 hours. (Delete and Replaced by By-Law 24-5329) "DECK", means an unenclosed, uncovered structure exceeding an average height of 0.3 m (1 ft.) above grade level which is used as outside recreation area. "DEPARTMENT STORE", means a building or part of a building used for the retail sale of a wide variety of goods, wares, merchandise and services, generally displayed or offered on a departmental basis and including, but not limited to, family clothing and apparel, furniture, appliances and home furnishings, sporting goods, pharmaceuticals, garden supplies and other similar goods and merchandise and may include, as accessory uses, an eating establishment, an automotive parts and service centre, offices, warehousing and outdoor sales and display areas. "DRIVEWAY", means a vehicle access provided from a street to a parking area, queue space or loading space, or between two parking areas, but does not include a parking aisle. "DRY CLEANING ESTABLISHMENT", means a building where dry cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is carried on; and a) in which only non-flammable solvents are or can be used which emit no odours or fumes; and b) in which no noise or vibration causes a nuisance or inconvenience within or without the premise. "DWELLING", means a building occupied or capable of being occupied as the home or residence of one or more persons, but shall not include a trailer, a mobile dwelling, a motor home or recreational vehicle as defined herein. a) "APARTMENT DWELLING", means a dwelling of two or more storeys containing three or more dwelling units sharing a common hall or halls and a common entrance at street level or above the first floor. b) "BOARDING OR LODGING HOUSE", means a dwelling, containing not more than four guest rooms used or maintained for accommodation of the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or without meals for three or more persons but does not include any other establishment otherwise defined or classified herein. c) "CONVERTED DWELLING", means a single detached dwelling which has been altered or converted to contain no more than four dwelling units, unless otherwise specified in this By-law. (Added by By-Law 24-5318) SECTION 4.0 DEFINITIONS Page 4-10 Town of Ingersoll Zoning By-Law Number 04-4160 d) "DUPLEX DWELLING" means a building containing two dwelling units, on one lot, each of which has an independent entrance, either directly from the outside or through a common vestibule, but does not include a semi-detached dwelling. (Delete and Replaced by By-Law 24-5329) e) "MOBILE DWELLING" See "MOBILE HOME". f) "MULTIPLE UNIT DWELLING", means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple unit dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. g) "SEMI-DETACHED DWELLING", means a building divided vertically by a party wall, as defined in the Ontario Building Code, into two side by side street facing dwelling units above grade, each of which has a direct street facing entrance from the outside. (Delete and Replaced by By-Law 24-5329) h) "SINGLE DETACHED DWELLING", means a building that was designed and built to contain only one dwelling unit. i) "STREET FRONTING TOWNHOUSE DWELLING", means a dwelling consisting of three or more dwelling units that are aligned horizontally and divided vertically in whole or in part by common walls, with a minimum area above grade of 10 m2 (107.6 sq. ft.), and each of which has an independent entrance directly from the outside and fronts onto a public street. "DWELLING UNIT", means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate a single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway. "DWELLING UNIT AREA", means a habitable area contained within the inside walls of a dwelling unit, excluding any private garage or carport, porch, veranda or sunroom (unless such sunroom is habitable in all seasons of the year), attic, cellar or basement, or portions thereof, that is unfinished, used only for storage or mechanical equipment, and/or with ceiling height less than 1.95 m (6.5 ft), public or common halls or areas, and, stairwells and elevator shafts. (Added by By-Law 24-5318) SECTION 4.0 DEFINITIONS Page 4-11 Town of Ingersoll Zoning By-Law Number 04-4160 "EATING ESTABLISHMENT", means a building or part thereof, used for the preparation and/or serving of food or refreshments to the public, with the serving and consumption of food taking place within the building, off of the premises or within a motor vehicle parked in a permitted parking space on the premises. An eating establishment may include a terrace or patio or other open areas adjacent to the building where the serving and consumption of food and refreshments may take place on a temporary or seasonal basis as well as a drive-through window. "ELECTRIAL DISTRIBUTION FACILITY", means a building or system for distributing or transmitting electricity and includes any buildings, structures, or other equipment used for such purposes, but shall not include the generation of such electricity. "ELEVATION, AVERAGE", means the mean height above sea level, calculated along the length of a building or structure. "ERECT", when used in this By-Law includes building, construction, reconstruction and relocation, and without limiting the generality of the word, also includes: a) any preliminary physical operation, such as excavating, filling or draining; b) altering any existing building or structure by an addition, enlargement, extension or other structural change; and c) any work which requires a building permit from the Corporation. "ESTABLISHED BUILDING LINE", means, the average setback of existing main buildings from the street line, where at least two other main buildings have been erected on any one side of a street in either direction from the existing subject main building. "EXISTING", means existing on the date of passing of this By-Law. "FARM", means any farming or agricultural uses and includes apiaries; aviaries; berry or bush crops; flower gardening; muck farms; field crops; nurseries; orchards; tree crops; truck gardening; woodlots; and such uses or enterprises as are customarily carried on in the field of general agriculture, but shall exclude any operation devoted to the raising of animals or livestock and exclude the construction of any buildings or structures. "FINISHED GRADE", see "GRADE, FINISHED". "FITNESS CLUB", means a building in which equipment, facilities and/or instruction is available so that individuals can undertake activity to obtain physical fitness and this shall include related lounge facilities, office space and associated retail items. SECTION 4.0 DEFINITIONS Page 4-12 Town of Ingersoll Zoning By-Law Number 04-4160 "FLOODWAY", means the hazardous portion of the regulatory flood plain where flood depths and/or velocities are considered to be such that they pose a significant threat to life and/or property. The floodway is that area of the regulatory flood plain required for the safe passage of flood flows. In all circumstances the floodway will be approved by the Upper Thames River Conservation Authority based on depth or a combination of depth and velocity parameters. "FLOOD FRINGE", means the portion of the regulatory flood plain between the limits of the floodway as established by the Upper Thames River Conservation Authority and the Regulatory Flood line establishing the limits of the regulatory flood plain. Flood depth and velocity is generally less severe in this portion of the flood plain. "FRATERNAL LODGE OR INSTITUTIONAL HALL", shall mean a building, or portion thereof, designed, used, or intended for use as a meeting place or assembly hall for the members of an organization, association, fraternal order, or similar group, not operated for profit and wherein athletic facilities, dining rooms and beverage rooms may be provided; but does not include a place of entertainment as defined herein. "FRONTAGE" - See "LOT FRONTAGE". "FRONT YARD" - See "YARD". "FUEL STORAGE TANK", means a tank for the bulk storage of petroleum gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally and properly kept in a retail store or a tank for storage accessory to some other use of the premises where such tank is located. "GARAGE, PRIVATE", means a detached accessory building or portion of a dwelling which is designed or used for the sheltering of private motor vehicles and storage of household equipment incidental to the residential occupancy and which is fully enclosed, but excludes a carport. "GARAGE, PUBLIC", means a building or place where motor vehicles are washed, cleaned, serviced, painted or otherwise repaired and/or where motor vehicles are leased, rented, sold or kept for hire and may include the sale of automotive products. A public garage does not include any use otherwise defined or classified herein including an automotive body repair shop. "GARDEN SUITE", means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. "GOLF COURSE", means a public or private area operated for the purpose of playing golf and may include accessory uses such as driving ranges, putting greens, club house, maintenance shops and similar uses operated for commercial purposes. "GRADE, FINISHED", means the average elevation of the finished surface at the ground at the base of a structure or of the main front wall of a building exclusive of any embankment in lieu of steps. SECTION 4.0 DEFINITIONS Page 4-13 Town of Ingersoll Zoning By-Law Number 04-4160 "GROSS FLOOR AREA", means the aggregate of the horizontal areas of each floor whether any such floor is above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor excluding any part of the building or structure which is used for the storage or parking of motor vehicles. "GROSS LEASABLE COMMERICAL FLOOR AREA", means the area in which tenants pay rent for what are commonly referred to as 'demised premises' and which is exclusive to tenant occupancy including basement, mezzanines and upper floors, measured from the centre line of joint partitions, and from outside wall faces. It excludes common areas, private and public washrooms, boiler and electrical rooms, mechanical, and employee rest rooms. "GROSS VEHICLE WEIGHT", means the licensed capacity of a commercial motor vehicle, and shall include combined weight of a commercial motor vehicle, equipment, fuel, driver, passenger and payload. "GROUND FLOOR AREA", means the maximum area of a building measured to the outside walls excluding, in the case of a dwelling, any private garage, carport, porch, veranda or sunroom (unless such sunroom is habitable at all seasons of the year). "GROUP HOME", means a residence licensed, supervised, approved, or funded under federal or provincial statute for the accommodation of three to eight persons, excluding staff, living under responsible supervision in a single housekeeping unit and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living arrangement for their well being. A Group Home may include youth on probation under provincial or federal statute. "GROUP HOME, CORRECTIONAL", means a single housekeeping unit supervised by staff on a daily basis for persons who have been placed on probation, released on parole or admitted for correctional purposes. A Correctional Group Home shall be funded, licensed, approved or supervised by the Province of Ontario, for the accommodation of not less than 3 and not more than 8 residents, exclusive of staff. A Correctional Group Home may contain an office provided that the office is used only for the operation of the Correctional Group Home in which it is located. A Correctional Group Home shall not include any detention or correctional facility operated or supervised by Corrections Canada or any other Federal Government agency or by any organization on behalf of the Federal Government. "GUEST ROOM", means a room or suite of rooms used or maintained for the accommodation of the public but does not provide any facilities for the cooking or preparation of meals. "HABITABLE ROOM", means a room designed for living, sleeping, eating or food preparation, including a den, library, sewing room or enclosed sunroom. "HEIGHT", means the vertical distance of a building or structure from grade as detailed in Section 5.38 of this By-Law. (Delete and Replaced by By-Law 24-5329) SECTION 4.0 DEFINITIONS Page 4-14 Town of Ingersoll Zoning By-Law Number 04-4160 "HOME IMPROVEMENT SUPPLY STORE", means a retail store devoted to the sales of goods or materials required for the construction or alteration of buildings, including such merchandise as wall panelling, wood products, sheet glass products, windows and mirrors, floor, wall and ceiling tiles, paint and wallpaper, bathroom and kitchen cupboards and fixtures, landscaping and similar goods. Open storage may be permitted as an accessory use. "HOME OCCUPATION", means any occupation or business for gain or profit conducted entirely within a dwelling, but shall not include an eating establishment and shall be considered in accordance with Section 5.10 of this By-law. (Delete and Replaced by By-Law 24-5329) "HOSPITAL, PRIVATE", means a private hospital within the meaning of the Private Hospitals Act. "HOSPITAL, PUBLIC", means a public hospital within the meaning of the Public Hospitals Act. "HOTEL OR MOTEL", means any hotel, motel, inn, or lodge in one main building or in two or more buildings on the same site and used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnishing sleeping accommodation of not less than four guest rooms, which guest rooms contain no provisions for cooking, and includes all premises licensed under The Liquor License Act and may include permanent staff accommodation. "INDIVIDUAL ON-SITE SEWAGE SYSTEM", means sewage systems, as defined in O. Reg. 332/12 under the Building Code Act, 1992, that are owned, operated and managed by the owner of the lot upon which the system is located. (Added by By-Law 24-5318) "INDIVIDUAL ON-SITE WATER SYSTEM", means individual water supply systems that are owned, operated and managed by the owner of the lot upon which the system is located. (Added by By-Law 24-5318) "INDUSTRIAL MALL", means a building or group of buildings designed, developed, owned and managed as a unit containing three or more separated spaces for lease or occupancy. "INFRASTRUCTURE", means physical structures that form the foundation for development. Infrastructure includes: sewage and water works, waste management systems, electric power, communications, transit and transportation corridors and facilities, and oil and gas pipelines and associated facilities. "LANDFILL SITE", means a garbage disposal area, operated by the County, employing an engineering method of disposing of solid wastes and may include ancillary uses such as waste transfer stations or storage areas, recycling facilities and resource recovery or reuse operations. SECTION 4.0 DEFINITIONS Page 4-15 Town of Ingersoll Zoning By-Law Number 04-4160 "LANDSCAPED OPEN SPACE", means the open unobstructed space at grade on a lot and which is suitable for the growth and maintenance of grass, flowers, bushes, trees and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. "LANE", means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. "LOADING SPACE", means an off-street space or berth located on the same lot as a permitted use and used for the parking of vehicles involved in the receiving, shipping, loading or unloading or persons, animals, goods, wares, merchandise and raw materials. "LONG TERM CARE FACILITY", means a building in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, may provide nursing, medical or similar care and treatment, if required, and may include a nursing home, rest home, convalescent home, or home for the aged, but does not include any other establishment otherwise defined or classified herein. "LOT", means a parcel or tract of land which is a whole parcel or tract as shown on a registered plan of subdivision where the said registered plan of subdivision is not subject to a deeming by- law passed pursuant to the Planning Act or, a whole parcel or tract which is held under separate ownership from adjacent lands according to the registration thereof in the Registry Office or Land Titles Office. a) "CORNER LOT", means a lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contain an angle of not more than one hundred and thirty-five (135) degrees and where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that: i) in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents; and ii) any portion of a corner lot distant more than 30 m (98.4 ft.) from the corner, measured along the street line shall be deemed to be an interior lot. b) "INTERIOR LOT", means a lot other than a corner lot or a through lot. c) "THROUGH LOT", means a lot bounded on two opposite sides by streets, provided, however, that if any lot qualifies as being both a corner lot and a through lot, as herein defined, such lot shall be deemed to be a corner lot. SECTION 4.0 DEFINITIONS Page 4-16 Town of Ingersoll Zoning By-Law Number 04-4160 "LOT AREA", means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water, or marsh or between the rim of the banks of a river or watercourse. "LOT COVERAGE", means that percentage of the lot area of any lot upon which buildings or structures are erected, or may be erected, measured at grade level including all covered porches, verandas, terraces, decks, and overhang projections, but not including an uncovered deck, porch, veranda, terrace or an outside swimming pool or hot tub. (Delete and Replaced by By-Law 24-5329) "LOT DEPTH", means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth" means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. "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 therein distant the required minimum front yard depth from the front lot line. "LOT LINE", means any boundary of a lot or the vertical projection thereof. a) "FRONT LOT LINE", means: i) in the case of an interior lot, the line dividing the lot from the street; ii) in the case of a corner lot, the shorter lot line abutting a street; iii) in the case of a through lot, the lot line where the principal access to the lot is provided. b) "REAR LOT LINE", means the lot line farthest from and opposite to the front lot line, unless the lot has only 3 lot lines, in which case the lot shall be deemed to have no rear lot line; c) "SIDE LOT LINE", means a lot line other than a front or rear lot line. d) "EXTERIOR SIDE LOT LINE" means a side lot line abutting a street. "MAIN BUILDING", shall mean the building in which is carried on the principal purpose for which the building or lot is used. SECTION 4.0 DEFINITIONS Page 4-17 Town of Ingersoll Zoning By-Law Number 04-4160 "MEDICAL CENTRE", means a building or part thereof, other than a hospital, used solely for the purpose of consultation, diagnosis and treatment of human patients by one or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the centre and shall not include accommodation for in-patient care or rooms for major surgery. The area for the sale of medical related products shall not exceed 90 m2 (968.8 ft2). "MICROBREWERY", means a place used for the small scale and independent manufacturing of specialty or craft beer, wine or spirits produced for retail sale and consumption on or off-site. A microbrewery may include a tied-house and may also operate in combination with a permitted bar or tavern or an eating establishment and retail accessory items. "MOBILE HOME", means a prefabricated dwelling unit constructed to be towed on its own chassis (notwithstanding that its running gear is or may be removed), designed and equipped for year-round occupancy and containing suitable sanitary facilities including a flush toilet, shower or bathtub within the unit, but does not include a trailer as defined in this By-Law. "MOBILE HOME PARK", means an area of land, not less than 2.0 ha (4.9 ac.), used exclusively for the siting of mobile dwellings, together with commercial and recreational uses for mobile home park residents, including any building, structure or enclosure of such mobile home park and which remains under single ownership. "MONASTERY", means a building occupied as a common residence for persons of a religious order. "MOTEL", means a hotel as defined herein. "MOTOR HOME", means a self-propelled vehicle designed for the temporary accommodation of persons, but does not include a mobile dwelling. "MOTOR VEHICLE", includes an automobile, truck, motorized construction equipment, farm tractor, motorized farm equipment, motor home, or recreational vehicle, and also includes a trailer and any vehicle drawn or propelled by any kind of power. a) "MOTOR VEHICLE, COMMERCIAL", means a motor vehicle having attached thereto a truck or delivery body and also includes ambulances, hearses, tow-trucks, motor buses, fire apparatus, farm vehicles (including farm tractors), and tractor trailers or any part thereof which are used for hauling purposes on the highways. "MOTOR VEHICLE DEALERSHIP", means a building and/or lot where motor vehicles are kept for sale or for hire and where motor vehicles may be serviced and repairs may be conducted as an accessory use to the main function and leasing vehicles. SECTION 4.0 DEFINITIONS Page 4-18 Town of Ingersoll Zoning By-Law Number 04-4160 "MOTOR VEHICLE WASHING ESTABLISHMENT", means a building or structure containing facilities for the washing of motor vehicles. "MUNICIPAL DRAIN", means a watercourse or sewer which carries storm surface water and drainage and does not include a sanitary sewer as defined herein. "MUNICIPAL SEWAGE SYSTEM", means a sewage works within the meaning of Section 1 the Ontario Water Resources Act that is owned or operated by the County, including centralized and decentralized systems. (Added by By-Law 24-5318) "MUNICIPAL WATER SYSTEM", means a drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002, that is owned or operated by the County, including centralized and decentralized systems. (Added by By-Law 24-5318) "MUNICIPAL YARD", means any land, buildings or structures used for the purpose of storing materials, vehicles and equipment which are necessary to the daily operations of the Corporation, County or Province and includes such items as sand, salt, trucks, plows and a fuel storage tank. "NATURAL HAZARDS", means property or lands that could be unsafe for development due to naturally occurring processes and includes riverine flooding hazards, riverine erosion hazards, and wetlands regulated under the Conservation Authorities Act and associated regulations. (Added by By-Law 24-5318) "NOISE SENSITIVE LAND USES", means residential development, seasonal residential development and institutional uses such as hospitals, long term care facilities, retirement homes, schools and daycare centres. "NON-CONFORMING", means a use, building, structure or any part thereof which was lawfully used at the date of passing of this By-Law, but which does not conform with the permitted uses of the zone in which it is now located. "NON-COMPLYING", means a use of land, building or structure which is permitted by this By- law, where the use, building or structure lawfully existed at the date of passing of this By-Law, but does not comply with one or more provisions of this By-law. "NURSERY", means the use of lands, buildings or structures, or portions thereof, where trees, shrubs, or plants are grown for the purpose of retail or wholesale trade. A nursery may include the accessory sale of soil, planting materials, fertilizers, garden equipment, ornaments and similar materials. "OCCUPANCY", means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. SECTION 4.0 DEFINITIONS Page 4-19 Town of Ingersoll Zoning By-Law Number 04-4160 "ONE HUNDRED YEAR EROSION LIMITS", for lands adjacent to ravines, river valleys and watercourses, the approved standards involving the combined influence of stable slope, 100 times the average annual recession rate, and an erosion allowance to define the erosion limits for regulatory purposes. "OPEN STORAGE", means the storage of raw or finished goods, equipment, or other materials, but not the parking or storage of motor vehicles, in an area of a lot which is not enclosed within a building or structure. "OUTDOOR DISPLAY AND SALES AREA" means an area set aside out of doors, covered or uncovered, to be used in conjunction with an established use or business located in adjacent permanent premises for the display or sale of fresh produce and new goods or merchandise. "OWNER", means any person, firm or company controlling the property under consideration. "PARK", means an area of land, consisting primarily of landscaped open space, used for active or passive recreational purposes or as a conservation area, with or without related recreational buildings, structures or facilities which may include a playground, a play area, a refreshment room, a community centre, a field house, a bandstand, bleachers, a skating rink, a horticultural greenhouse, a bowling green, a tennis or badminton court, a sports field, a running track, a swimming area, a wading pool, a boating pond or lake, or a picnic area, but not a mobile home park or any other use separately defined or listed herein. a) "PARK, PASSIVE USE", means an area of land consisting primarily of landscaped open space, which is used solely for recreational purposes not involving large concentrations of people or activity on a regular basis, such as walking trails, conservation projects, ponds and picnic areas. b) "PARK, PRIVATE", means a park other than a public park. c) "PARK, PUBLIC", means a park owned or controlled by the Corporation, the County, the Province, or by any Board, Commission or other Authority established under any statute of the Province of Ontario. SECTION 4.0 DEFINITIONS Page 4-20 Town of Ingersoll Zoning By-Law Number 04-4160 "PARKING AISLE", means a portion of a parking area which abuts, on one or more sides, parking spaces to which it provides access, and which is not used for the parking of motor vehicles. "PARKING AREA", means an area provided for the parking of motor vehicles and may include parking aisles, parking spaces and ingress and egress lanes, but shall not include any part of a public street. Parking area may include a private garage. "PARKING LOT", means any parking area, whether or not such parking area is required pursuant to the provisions of this By-Law. "PARKING SPACE", means an area having an adequate means of ingress and egress to and from a public street, lane or parking aisle for the temporary parking or storage of motor vehicles, and may include a private garage. (Added by By-Law 24-5318) "PARKING SPACE, TANDEM", means a parking space, which can only be accessed by passing through another parking space using the same parking aisle. "PERMITTED", means "permitted by this By-Law". "PERSON", means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context of this By-Law can apply according to law. "PERSONAL SERVICE ESTABLISHMENT", means a building, or part thereof, in which persons are employed in providing services and otherwise administering to the individual and personal needs of persons, including but not necessarily restricted to a barber, hairdresser, aesthetician, massage therapist, tailor, dressmaker and shoemaker, dry cleaning establishment, sun tanning shop and formal rental shop. The sale of merchandise shall be permitted only as an accessory use to the personal service provided. The inspection of such a use may be subject to the inspection of the Oxford County Board of Health. "PLACE OF ENTERTAINMENT", means a motion picture or other theatre, amusement arcade, arena, auditorium, public hall, billiard or pool room, bowling alley, or dance hall; but does not include any place of entertainment or amusement otherwise defined or classified herein. "PLACE OF WORSHIP", means a building dedicated to religious worship and may include a hall, auditorium, Sunday School, convent, monastery, parish hall, daycare or accessory dwelling unit within or directly connected to the main building. "PRINCIPAL DWELLING", means the single detached dwelling, semi-detached dwelling, or street fronting townhouse dwelling that has been altered to contain additional residential unit(s) and/or is located on the same lot as an additional residential unit in an accessory building. (Added by By-Law 24-5318) SECTION 4.0 DEFINITIONS Page 4-21 Town of Ingersoll Zoning By-Law Number 04-4160 "PRINTING SHOP", means a retail store that provides duplicating services using photocopy, blueprint, and off-set printing equipment, including collating of booklets and a letter-shop. "PRIVATE COMMUNAL SEWAGE SYSTEM", means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by a municipality. (Added by By-Law 24-5318) "PRIVATE COMMUNAL WATER SYSTEM", manes a non-municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002, that serves six or more lots or private residences. (Added by By-Law 24-5318) "PROVINCIAL HIGHWAY", means a street under the jurisdiction of the Province of Ontario. "PUBLIC LIBRARY", means a public library within the meaning of The Public Libraries Act. "PUMP ISLAND", means that portion of an automobile service station, public garage or portion of non-residential use for the retail sale of gasoline, which includes the gas pumps, concrete base, overhead canopy and kiosk, but shall not include any part of any building for the repair or service of motor vehicles. "RECREATIONAL BUILDING (INDOOR SPORTS)", means a building designed and intended to accommodate various forms of indoor sports and recreation and shall include an arena, gymnasium, fitness centre, ice rink or curling facility, tennis, squash, handball and badminton courts and roller rinks. "RECREATIONAL TRAIL", an area used for hiking, horseback riding, cross country skiing or other similar forms of non-motorized recreational travel. "RECREATIONAL VEHICLE", means a registered vehicle which is one of the following; a snowmobile, a boat, a motor home, a trailer as defined herein or any unit designed to be towed by a motor vehicle for the purpose of transporting goods, materials or things. "RECYCLING FACILITY", means a facility where used or scrap materials are separated into recoverable resources for reuse, but shall not include a salvage yard or a waste transfer station. "REGULATORY FLOOD PLAIN", means the standard used by the Conservation Authority having jurisdiction to define the limit of the flood plain for regulatory purposes. The approved Regulatory Flood Plain Standard for the UTRCA is based on the 1937 Observed Event and this flood event has a frequency of 1:250 meaning that the risk of the Regulatory Event occurring in any given year is 0.4 %. "RENDERING PLANT", means a premises at which dead animals are processed into hides, meat, bone, meal, meat meal or inedible fats. SECTION 4.0 DEFINITIONS Page 4-22 Town of Ingersoll Zoning By-Law Number 04-4160 "RETAIL STORE", means a building, or part of a building, in which goods, wares, merchandise, or articles are offered for sale, but does not include any establishment otherwise defined or classified herein. "RISK MANAGEMENT OFFICIAL", means the risk management official appointed under Part IV of the Clean Water Act, S.O. 2006, as amended. (Added by By-Law 24-5329) "SALVAGE YARD", means an establishment where goods, wares, merchandise, and articles are dismantled or recycled for further use and where such goods, wares, merchandise and articles are stored and kept for sale wholly or partly in the open and shall be restricted to a junk yard, a scrap metal yard, and an automobile wrecking yard, and may include an accessory building. Such goods, wares, merchandise, and articles shall not include hazardous waste, except compounds such as fuel, oil, and freon, which are necessarily collected as part of the dismantling or recycling operation, provided that the handling of such compounds is in accordance with all applicable Federal and Provincial environmental requirements. "SAND OR GRAVEL PIT", means any pit or excavation made for the removal of any soil, sand or gravel for commercial and/or municipal purposes, but shall not include a stone quarry or a topsoil or peat extraction operation, an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation, an excavation incidental to the construction of any public works, or a soil processing operation. "SANITARY SEWER", means a system of underground conduits, operated either by the County or the Province of Ontario, which carries sewage to a place of treatment. "SCHOOL", means an educational establishment, including: a) "PUBLIC SCHOOL", means a school under the jurisdiction of a public agency. b) "PRIVATE SCHOOL", means a school, other than a public school or a commercial school, under the jurisdiction of a private board of trustees or governors, a religious organization or a charitable institution. c) "COMMERCIAL SCHOOL", means a school where instruction is given for hire or gain and includes the studio of a dance or music teacher, an art, business or trade school, and any other such specialized school conducted for hire or gain. "SEMI-DETACHED DWELLING" - See "DWELLING". "SERVICE SHOP", means a building or part of a building not otherwise defined or classified herein used for the servicing, repairing and renting of articles, goods or materials. "SETBACK", means the horizontal distance from the centreline of the street allowance, measured at right angles to such centreline to the nearest part of any building or structure on the lot. SECTION 4.0 DEFINITIONS Page 4-23 Town of Ingersoll Zoning By-Law Number 04-4160 "SEWAGE TREATMENT FACILITY", means a building or structure, approved by the Ministry of the Environment, where domestic and/or industrial waste is treated. "SEPTIC SYSTEM AND/OR HOLDING TANK", means a sewage system that stores and/or treats human waste on-site and is subject to approval under the Building Code Act, R.S.O. 1992, as amended, or the Ontario Water Resources Act, R.S.O. 1991, as amended. These systems shall include, but are not limited to, greywater systems, cesspools, leaching bed systems and associated treatment units, and holding tanks, and shall not include sewage treatment plants. (Added by By-Law 24-5329) "SHOPPING CENTRE", means a building or group of buildings designed, developed, owned and managed as a unit containing six or more separated spaces for lease or occupancy by commercial uses or business or professional offices. "SIGHT TRIANGLE", means the triangular space formed by the intersecting street lines of a corner lot and a line drawn from a point on the said street lines to a point on the other said street line, each said point being measured a specific distance from the point of intersection of the said street lines. "SIGN", means a name, identification, description, device, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. "SIGNIFICANT DRINKING WATER THREAT", means an activity that adversely affects, or has the potential to adversely affect, the quality and quantity of any water that is or may be used as a source of drinking water and according to a risk assessment, poses or has the potential to pose a significant risk (Source: Clean Water Act, 2006). (Added by By-Law 24-5329) "SOIL PROCESSING OPERATION", means the use of any land, building or structure for the purpose of storing, mixing, composting and packaging any soil, soil conditioning agents, wood chips and related materials, compost or manure. "SPECIAL NEEDS HOME", means a residence in which 24-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. A special needs home may include a hostel, temporary shelter or emergency shelter, but shall not include a group home. "STOREY", means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. "STOREY, FIRST", means the storey with its floor closest to grade and having its ceiling more than 1.8 m (6 ft) above average grade. "STORM SEWER", means a system of underground conduits which carry storm surface water and storm drainage, but which does not carry sewage or industrial waste. SECTION 4.0 DEFINITIONS Page 4-24 Town of Ingersoll Zoning By-Law Number 04-4160 "STREET", means a public highway or public road which affords the principal means of access to abutting lots but does not include a lane or a private right-of-way. "PROVINCIAL HIGHWAY", "COUNTY ROAD" and "TOWN ROAD" mean a Provincial Highway, County Road and Town Road as defined herein. a) "STREET, IMPROVED", means a street assumed by the Corporation, the County or the Province of Ontario which is maintained year round at a reasonable standard of construction and shall include a street under construction within a registered plan of subdivision for which a subdivision agreement has been entered into with the Corporation. The definition shall not include a lane or private right-of-way. "STREET LINE", means the limit of the street allowance and is the dividing line between a lot and a street. "STRUCTURE" means anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by or incorporated within the soil and/or any other structure, but which does not include a fence or a sign, a basketball standard or a flagpole, and, without limiting the generality of the foregoing, a heat pump, air exchanger, air conditioner and a swimming pool either above or below ground are structures. (Delete and Replaced by By-Law 24-5329) "STUDIO", means a building or part thereof used as the work place of a photographer, craftsman or artist or for the instruction of art, music, dancing, languages or similar disciplines. "TOWN ROAD", means a street under the jurisdiction of the Corporation. "TRAILER", means any portable unit so constructed as to be suitable for attachment to a motor vehicle and capable of being used for the temporary accommodation of persons, but does not include a mobile dwelling, as defined herein. "TRUCK STOP", means any land, buildings or structures used for the purposes of conducting or rendering a business, service or industry involving the maintenance, servicing or repair of commercial motor vehicles, the parking or storing of commercial motor vehicles, the dispensing of motor fuel or petroleum products directly into motor vehicles and/or the sale of accessories or equipment for commercial motor vehicles and an eating establishment. A truck stop may also include a motor vehicle washing establishment and a hotel or motel. "TRUCK TRANSPORTATION TERMINAL", shall mean the use of land, buildings, or structures where trucks and/or transports are loaded or unloaded, stored, serviced, rented, leased, kept for hire, or parked for remuneration or from which trucks and/or transports are dispatched as common carriers, or where goods are stored temporarily for further shipment. "USE", when used as a noun, 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. SECTION 4.0 DEFINITIONS Page 4-25 Town of Ingersoll Zoning By-Law Number 04-4160 "VETERINARY CLINIC", means a building or part thereof, wherein animals of all kinds may be treated or kept for treatment by a registered veterinarian and his or her assistants and where such animals may be temporarily boarded. "WAREHOUSE", means a building or part thereof which is used for the storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, foodstuff, substances or articles, but does not include a fuel storage tank except as an accessory use. "WASTE TRANSFER STATION", means a building or buildings for the temporary storage and sorting of non-hazardous domestic or industrial waste pending removal to an authorized disposal site. All outside storage, including storage of waste, and all outside processing and manufacturing is prohibited. "WATERCOURSE", is a stream of water, which flows along a defined channel, with beds and banks, for a sufficient time to give it substantial existence. This may include streams that dry up periodically. "WATER SUPPLY", means a distribution system of underground piping and related storage, including pumping and purification appurtenances operated by the Corporation, the County and/or the Province of Ontario and/or any public utilities commission. "WAYSIDE SAND OR GRAVEL PIT OR STONE QUARRY", means a temporary sand or gravel pit or stone quarry opened and used by a public road authority solely for the purpose of a road construction project and not located on the road right-of-way. "WELLHEAD PROTECTION AREA", is the area around a municipal drinking water supply well where certain land use activities may have the potential to affect the quality or quantity of water that flows into that well. The location and vulnerability of Wellhead Protection Areas is identified through the Source Protection Plans approved in accordance with Clean Water Act, 2006." (Added by By-Law 24-5329) "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 user resale. "YARD", means an area adjacent to a building, structure or excavation, located on the same lot as the building, structure or excavation, and which area 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. a) "FRONT YARD", means an area extending across the full width of the lot between the front lot line of the lot and the nearest part of any excavation, or main building on the lot. SECTION 4.0 DEFINITIONS Page 4-26 Town of Ingersoll Zoning By-Law Number 04-4160 b) "FRONT YARD DEPTH", means the least horizontal dimension between the front lot line of the lot and the nearest part of any building, structure or excavation on the lot, or the nearest open storage use on the lot. b) "REAR YARD", means a yard extending across the full width of the lot between the rear lot line and the nearest wall of the principal building, structure or use on the lot. (Delete and Replaced by By-Law 24-5329) d) "REAR YARD DEPTH" means the least horizontal dimension between the rear lot line of the lot and the nearest part of any building, structure or excavation on the lot, or the nearest open storage use on the lot. e) "SIDE YARD", means an area extending from the front yard to the rear lot line and from the side lot line of the lot to the nearest part of any excavation or main building on the lot. In the case of a lot which has no rear lot line, the side yard shall extend from the front yard to the opposite side yard. f) "SIDE YARD WIDTH" means the least horizontal dimension between the side lot line of the lot and the nearest part of any building, structure or excavation on the lot, or the nearest open storage use on the lot. g) "EXTERIOR SIDE YARD", means a side yard immediately adjoining a public street that shall extend from the required front yard to the rear lot line. h) "INTERIOR SIDE YARD", means a side yard other than an exterior side yard. "YARD, REQUIRED", means the minimum front yard depth, rear yard depth or side yard width required by the provisions of this By-Law. A required side yard shall extend from the required front yard to the required rear yard. "ZONING OFFICER/BY-LAW ENFORCEMENT OFFICER", means a person or persons appointed by the Council of the Corporation and who is charged with the duties of enforcing the provisions of the Zoning By-law.