Township of Johnson Zoning By-law 91-219 (Consolidation)
Johnson, Ontario
This is the exact embedded text of the captured official document.
Snapshot 48f63da7de92 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Township of Johnson Zoning By-law 91-219 Consolidation as approved January 18, 2012Township of Johnson Zoning By-law 91-219 Consolidation as approved January 18, 2012
Township of Johnson Zoning By-law 91-219 Consolidation as approved January 18, 2012
Township of Johnson Zoning By-law 91-219 Consolidation as approved January 18, 2012
TOWNSHIP OF JOHNSON
ZONING BY-LAW
Table of Contents
Foreword2
Consolidation2
Section 1 ADMINISTRATION3
Section 2 CONFORMITY REQUIREMENTS7
Section 3 DEFINITIONS8
Section 4 GENERAL PROVISIONS51
4.1Accessory Buildings, Structures and Uses51
4.2Auto Service Station, Gasoline Bar, Car Washing54
4.3Buildings to be Moved55
4.4Camp55
4.5Change of Use55
4.6Cumulative Standards56
4.7Established Building Line in Built-up Area56
4.8Day Nurseries56
4.9Exception Zone56
4.10Farm Use56
4.11Flood Plain57
4.12 Frontage on a Public Street or Private Road58
4.13Group Homes59
4.14Helipad, Heliport59
4.15Illumination59
4.16Kennel60
4.17Land Suitability for Use and Organic Soils60
4.18Licenses, Permits and Other By-laws60
4.19Loading Space Requirements60
4.20Mine Hazards61
4.21Minimum Distance Separation and Special Setbacks62
4.22Non-Conforming and Non-Complying Uses64
4.23Occupancy Restrictions65
4.24Outside Storage, Sales and Display66
4.25Parking and Storage of Vehicles66
4.27Parts of Buildings/Structures Above Height Level70
4.28Permitted Projections71
4.29Prohibited Uses72
4.30Recreational Vehicles72
4.31Railway Crossing73
4.32Sight Triangles73
4.33Signs74
4.34Streets and Parks74
4.36Use by Public Authority or Public Utility74
4.37Water and Sewage Disposal Systems75
4.38Wind Turbine and Renewable Energy Undertaking75
4.39Yard Requirements when Waterways are Involved75
4.40Zones Applying to More than One Property76
Section 5 ZONES77
5.1ZONE CLASSIFICATION77
5.2ZONES77
5.3 INTERPRETATION OF ZONE BOUNDARIES78
5.4Residential Low Density - R179
5.5Multiple Residential - MR81
5.6RURAL RESIDENTIAL - RR83
5.7SEASONAL RESIDENTIAL - SR86
5.8GENERAL COMMERCIAL - GC88
5.9HIGHWAY COMMERCIAL - HC90
5.10RECREATIONAL COMMERCIAL - RC92
5.11RESERVED94
5.12RURAL INDUSTRIAL - GM95
5.13MINERAL EXTRACTION - MX97
5.14WASTE DISPOSAL - MWD99
5.15RURAL - R100
5.16AGRICULTURAL - A-1102
5.17AGRICULTURAL - A-2104
5.18OPEN SPACE - OS107
5.19SHORE ENVIRONMENTAL PROTECTION AREA - SEP109
APPENDIX 1110
SCHEDULE A112
* Disclaimer: Photographs, illustrations, diagrams and clip art are inserted to make the document more user-friendly but are not intended to be a legal component of the Zoning By-law.
The Corporation of the Township of Johnson
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Township of Johnson. To use this By-law, locate the subject property on the map schedules provided and determine the zone(s) which affects the land. Then review the specific regulations relating to the zone(s) in Section 5: Zones. It is also important to review Section 4: General Provisions and any applicable definitions in Section 3: Definitions.
Changes to the requirements contained in this By-law may be made with prior approval by the Municipality as provided for under the Planning Act. Significant changes may be made through the zoning by-law amendment process. Minor variations may be granted by the Municipal Committee of Adjustment. Both processes require formal applications to be submitted to the Municipality and both involve mandatory public notification.
Consolidation
The following by-law is a consolidation of By-law 91-219 as amended including By-law 2012-685 as approved by the Ontario Municipal Board. The effective date of By-law 2012-685 is January 18, 2012.
Section 1 ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other by-laws, defines the area to which it applies, how it is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions.
1.1Title
This By-law shall be known as the Zoning By-law or By-law No.91-219, as amended of the Corporation of the Township of Johnson.
1.2Applications and Plans
In addition to the requirements of any Building By-law, every application for a building permit shall be accompanied by a plan, drawn to scale and showing the following:
The true dimensions and/or legal description of the lot to be built upon or otherwise used;
The proposed location, height and dimensions of any building, structure or use proposed for such lot;
The proposed location, height and dimensions of yards, landscaping, parking areas and loading spaces required by this By-law;
The location of all existing buildings or structures on the lot, including the lot area, lot coverage of existing and proposed structures; and
A statement, signed by the owner disclosing the exact use of all existing and proposed uses of land, buildings or structures and such other information as may be required to determine whether the uses conform with the requirements of this by-law.
1.3Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Township of Johnson.
1.4Enforcement
This By-law shall be administered by the Chief Building Official or such other person as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law.
1.5Inspection of Land, Buildings and Structures
Subject to Sections 49 and 49.1 of the Planning Act, 1990, the Chief Building Official or any other officer or any person acting under his or her instructions, and upon producing proper identification, is hereby authorized to enter, at all reasonable times, upon any property or premises for the purpose of carrying out his duties under this By-law.
Notwithstanding any provisions of Section 1.5 (a) hereof to the contrary, no officer or employee of the Corporation shall enter any room or place actually being used as a dwelling unit without obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused, except under the authority of a search warrant issued under Section 158 of the Provincial Offenses Act, 1990; and
No person shall obstruct or attempt to obstruct an officer or person acting under the officer's instructions in the exercise of a power authorized under the Planning Act.
1.6Penalty
Every person who violates any of the provisions of this By-law is guilty of an offense and upon conviction thereof shall forfeit and pay a penalty not exceeding Twenty-Five Thousand Dollars ($25,000.00), on a first conviction, add Ten Thousand Dollars ($10,000.00) on a subsequent conviction for each day or part thereof upon which the contravention has continued after the day of the first conviction;
Where a corporation is convicted under subsection (a), the maximum penalty that may be imposed is Fifty Thousand Dollars ($50,000.00) on a first conviction and Twenty Five Thousand Dollars ($25,000.00) on a subsequent conviction for each day or part thereof upon which the contravention has continued after the day of the first conviction; and
In the case where any building or structure is erected or altered, or any part thereof is used, or any lot is used, in contravention of any of the requirements of this By-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of the Municipal Act or the Planning Act in that behalf.
1.7Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed under Section 34 of the Planning Act, 1990, or its predecessor, are hereby repealed.
The adoption of this By-law shall not prevent any pending or future prosecution of, or action to abate any existing violation of the said By-laws if the violation is also a violation of any of the provisions of this By-law.
1.8Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court of competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a whole or any part thereof other than the part declared to be invalid.
1.9Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in force within the area affected by this By-law, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any other law in force from time to time.
1.10Conflict
In the event of conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail.
1.11Interpretation
Definitions
Definitions are given in this By-law to aid in the understanding and implementation of the true spirit, intent and meaning of the By-law. They are not to be used to avoid an obligation imposed by the By-law or any requirement enacted in a substantive provision of the By-law;
Citation
This By-law may be cited by its long title ("A By-law to Regulate the Use of Land, Buildings and Structures within the Township of Johnson"), its short title ("Township of Johnson Zoning By-law") or its by-law number, and any such citation is to be taken as meaning the By-law as amended;
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one gender includes the other;
Plural and Singular
In this By-law, words in the singular include the plural, and words in the plural include the singular;
References
Appendices, footnotes, glossaries, headings, indices, marginal notes and references to former enactments or enabling legislation after a section or other division of the By-law, do not form part of the By-law and are inserted for convenience of reference only; and
Measurement Units
This By-law utilizes the metric system to establish measurements when such measurements form part of a regulation or a requirement.
Section 2 CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority and legitimacy of the By-law. It is composed of three statements which establish the primacy of the regulations stated within.
2.1No land, building or structure shall be used and no building or structure shall be erected or enlarged or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law.
2.2Subject to the granting of such minor variances as may be necessary, no lands shall be severed from any existing lot if the effect of such action is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law.
2.3Where a use does not take place within a building, but a regulation in this By-law imposes a requirement premised on the use being in a building, the requirement applies as though the actual area occupied by the use was in a building.
Section 3 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word "used" includes "arranged", "designed" or "intended to be used". The word "occupied" shall include "designed to be occupied" and "arranged to be occupied".
3.1Abattoir
Means a building or structure where animals are killed for market but shall not include a rendering plant.
3.2Accessory
When used to describe a use, building or structure, means a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith.
3.3Adventure Game
Means an outdoor sport or recreation operated commercially in which participants attempt to capture a flag or some other object and return it to their home base, and may carry one or more of the following equipment: paint pellet pistols with a CO2 cartridge, paint pellets, safety goggles to prevent pellets from striking participants' eyes, and armbands to identify team participants.
3.4Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act.
3.5Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
(a)The growing of crops, including all related activities such as soil preparation, manure or fertilizer storage and application, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops;
(b)Animal husbandry including the raising, boarding, and keeping of all forms of livestock and fish, and all related activities such as breeding, training, feeding, manure storage and grazing;
The production of animal products such as milk, eggs, wool, fur, or honey, including related activities such as the collection, storage and sale of the products;
Maple syrup production; and
The use and storage of all forms of equipment or machinery needed to accomplish the foregoing activities.
Agricultural use shall not be construed to include commercial activities related to agriculture such as abattoirs, tanneries and retail sales outlets, or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales.
3.6Airfield
Means any land, lot or buildings used for the purpose of landing, storing, taxiing or taking off of private or commercial aircraft pursuant to the regulations of the appropriate authority.
3.7Alter
(a)When used in reference to a building, structure or part thereof, means:
i)To change any one or more of the external dimensions of such building or structure; or
ii)To change the type of construction of the exterior walls or roof of such building or structures; or
iii)To change the use of such building or structure or the number or types of uses or dwelling units contained therein.
(b)When used in reference to a lot means:
To change the boundary of such lot with respect to a street or lane; or
To change any dimension or area, relating to such lot; or
To change the use of such lot or the number of uses located thereon.
(c)When used in reference to a shoreline
i)Means to change, straighten, divert or interfere in any way with the channel of any watercourse.
3.8Ambulance Facility
Means a building or part of a building where professional paramedics are stationed and their vehicles and equipment are kept.
3.9Antique Store
Means a retail store selling any old and authentic objects of personal property which were made, fabricated or manufactured sixty or more years earlier and which have a unique appeal and enhanced value mainly because of its age, and, in addition, may include the sale of any article of personal property which was made, fabricated or manufactured twenty or more years earlier and because of public demand had attained a value in a recognized commercial market which is in excess of its original value.
3.10Attached
Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings.
3.11Auto Body Shop
Means a building with a service bay, where painting, refinishing, restoration or repairs to the coach works of motor vehicles are performed for gain or profit.
3.12Auto Repair Garage
Means a building used for the storage repair and servicing of motor vehicles, having at least one (1) service bay where repairs essential to the actual operation of a motor vehicle are performed.
3.13Auto Service Station
Means a place for supplying fuel, oil and minor accessories for motor vehicles at retail, direct to the consumer and having at least one (1) service bay where repairs to the actual operation of motor vehicles may be performed and includes a card-lock facility. If more than two (2) motor vehicles are kept on the premises for the purpose of selling such vehicles, then such establishment shall also be classified as an automotive sales establishment.
3.14Automotive Sales Establishment
Means a building and/or lot used principally for the display and sale of new and/or used motor vehicles and may include the servicing, repair, cleaning, body repair and repainting of motor vehicles, the sale of automotive accessories and related products and the leasing or renting of motor vehicles, but shall not include any other defined automotive uses.
3.15Basement
Means any storey below the first storey which is at least 50% above finished grade measured from floor to finished ceiling.
(See illustration).
3.16Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used in building or construction and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of required equipment.
3.17Bed and Breakfast Establishment
Means a private dwelling designed to be used in part for the accommodation of the travelling or vacationing public, containing therein four (4) or fewer suites or guest rooms.
3.18Boat House
Means a building or structure or part thereof not over 4.8 m [15.7 ft.] in height, used for the storage of private boats and equipment accessory to their use, as an accessory use to a residential use, no part of which shall be used for any habitable room. Despite anything in the foregoing to the contrary, rooftop decks or patios and screened enclosures shall be permitted provided that the total aggregate height of any boat house does not exceed the maximum height limit by more than 1.2 m [4 ft.].
3.19Building
Means any structure used or intended for sheltering any use or occupancy. The word "building" shall include the whole of such structure or part thereof.
3.20Building Height
Means the vertical distance between the average finished grade at the base of the building and in the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest, or in the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof (see illustrations).
Illustration of Building Height
3.21Building, Main
Means a building in which is conducted the principle uses of the lot on which it is situated (see illustration).
3.22Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning, home improvement and similar goods are stored, displayed, or kept for retail sale. This definition shall not include a lumber yard nor a salvage yard.
3.23Camp (Hunt Camp, Fishing Camp)
Means a building or structure other than a recreational vehicle as defined which is intended to provide basic shelter and accommodation on a temporary basis (i.e., weekend, vacation) for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation.
3.24Campground
Means an area of land, managed as a unit, providing short term accommodation for tents, tent trailers, recreational vehicles or campers and may include accessory uses such as a Laundromat, convenience store, sale of propane fuels and recreational uses for persons using the campground where a fee is charged or paid for such accommodation.
3.25Car Port
Means a structure open on at least two sides and intended to be used for the sheltering of one or more motor vehicles.
3.26Car Washing Establishment
Means a building or portion thereof used for washing or cleaning of motor vehicles for gain, and may include the sale of gas and oil to its customers.
3.27Catering Establishment
Means a commercial establishment in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises or to take out.
3.28Cellar
Means any storey below the first storey which is more than 50% below finished grade (measured from finished floor to finished ceiling) (see illustration).
3.29Cemetery
Means a cemetery within the meaning and as regulated by the Cemeteries Act.
3.30Chief Building Official
Means an officer or employee of the Corporation of the Township of Johnson charged with the duty of enforcing the provisions of the Building Code Act.
3.31Clinic
Means a building used solely for the purpose of consultations, diagnosis and treatment of patients, by two (2) 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, laboratories, pharmacies or dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery.
3.32Commercial Greenhouse
Means a building used for the growing of flowers, vegetables, shrubs, trees, and similar vegetation for wholesale or retail sale. This definition shall not include any premises for the growing of mushrooms.
3.33Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highway.
3.34Communications Facility
Means an installation which transmits, receives, and/or relays communications such as a microwave relay tower, significant antenna, significant antenna, telephone or telegraph line, cellular telephone tower, radio or television broadcast tower or similar facility.
3.35Community Centre
Means any parcel of land or building(s) used for community activities whether used for commercial purposes or not, and the control of which is vested in the municipality, a local board or agent thereof.
3.36Conservation Use
Means the use of lands which are intended to remain open in character with the priority use given to preservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses only if conservation of the resource is not jeopardized.
3.37Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies.
3.38Continuum-of-Care Facility
Means a facility which may include a senior citizens apartment building, a nursing home, a long-term care facility, home for the aged and facilities associated with, and designed specifically to serve, the senior citizens apartment building, nursing home, long-term care facility, home for the aged, such as hospitals, clinics, recreation centres, cafeterias and personal service establishments and may also include independent senior's accommodation in separate structures/living units that share in services, such as meals, medical care services, or recreation that are provided by the facility.
3.39Convenience Store
Means a building or part of a building used primarily for the sale of grocery and confectionary items and incidentally for the sale of such other merchandise as is required to fulfil the day-to-day needs of the surrounding community.
3.40Corporation
Means the Corporation of the Township of Johnson.
3.41Council
Means the Council of the Corporation of the Township of Johnson.
3.42Crisis Care Facility
Means a building or part of a building which is used to provide for the supervised residency of persons requiring immediate emergency shelter and aid for a short to interim period of time and without limiting the generality of the foregoing, includes a facility for battered or abused adults and/or children or elderly persons.
3.43Day Nursery - Licensed
Means a place wherein the temporary care of children is provided in facilities and by staff licensed by the Province of Ontario and operated in accordance with the provisions of the Day Nurseries' Act.
3.44Day Nursery - Private Home
Means a place wherein the temporary care of children is provided, which is operated as an accessory use within a residential dwelling unit and is not required to be licensed by the Province but shall comply with the applicable provisions of the Day Nurseries' Act.
3.45Deck
Means a structure abutting a dwelling or building with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
3.46Detached
When used in reference to a building, means a building which is not dependent on any other building for structural support or enclosure.
3.47Dock
Means an accessory structure used for the mooring of marine vessels which is designed to float freely on the surface of the water body and which may be secured to the shoreline.
3.48Driveway
Means a vehicular access connected to only one public street or thoroughfare, which provides ingress to and/or egress from a lot, but shall not include a lane as defined herein.
3.49Dwelling
Means a building occupied or capable of being occupied as the home or residence of one or more persons, where food preparation and sanitary facilities are provided, but shall not include a boarding house, hotel, motel, rental cottage or cabin or similar commercial use of a private or semi-private institution. A recreational vehicle shall not constitute a dwelling unit.
3.50Dwelling - Accessory
Means a dwelling which is incidental, subordinate and exclusively devoted to a main use and is located on the same lot therewith.
3.51 Dwelling - Apartment
Means a building containing three (3) or more dwelling units but shall not include a row dwelling.
3.52Dwelling, Apartment-in-a-House (Granny Suite)
Means an ancillary dwelling unit in a single detached dwelling that may have an internal shared entrance or an independent entrance and does not exceed 49% of the net floor area of the main floor of a single detached dwelling up to a maximum of 75 m2 [807.3 ft2].
3.53Dwelling - Converted
Means a dwelling altered to contain a greater number of dwelling units, with each self-contained dwelling unit having a floor space of not less than 40m2 [430.0 ft2]. This definition may include an apartment in a house.
3.54Dwelling - Duplex
Means a building divided horizontally into two (2) dwelling units.
Dwelling, Mobile Home - See Mobile Home Unit
3.55Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series "Park Model Trailer", as set out in the Building Code, and is used or intended to be used as a seasonal recreational building of residential occupancy.
3.56Dwelling Unit - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal place of residence of the owner or occupier thereof. A seasonal dwelling unit shall include a Park Model Trailer Dwelling (see illustrations).
3.57Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall (see illustrations).
3.58Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit, and shall include a modular home (see illustrations).
3.59Dwelling - Triplex
Means a building or structure on a single foundation divided horizontally into three separate single dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule (see illustrations).
3.60Dwelling Unit
Means one (1) room or a group of rooms in one (1) building, used for residential occupancy, housing food preparation and sanitary facilities and a private entrance from the outside of the building or from a common hallway or stairway inside the building.
3.61Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of another.
3.62Eating Establishment
Means a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein and may include a restaurant, café, tea or lunchroom, dairy bar and refreshment room or stand, but does not include a boarding or lodging house.
3.63 Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or horse riding stables.
3.64Equipment Rental Establishment - Domestic
Means a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures, only of a size and type which would be used for a specific home improvement or household purpose and which could be trans[ported by the individual household user.
Illustration of Dwelling Types
3.65 Equipment Rental Establishment - Industrial
Means an establishment primarily engaged in the rental of machinery, equipment, furniture, fixtures and other goods, of a size and type which should be used for business, industrial and major construction undertakings or which may involve bulk shipping of such goods, large catering undertakings, or similar non-household oriented rental functions.
3.66Equipment Sales, Service and Repair Establishment - Industrial
Means a building or part of a building where machinery or equipment, vehicle, including commercial vehicles, and/or trailers may be sold, serviced, washed or repaired and may include an auto body shop.
3.67Equipment and Vehicle Storage Yard - Industrial
Means an uncovered area which is used for the storage and machinery and equipment for use in industrial and major construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use.
3.68Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension.
3.69Established Grade
Means the average elevation of the finished level of the ground adjoining all of the walls of the building exclusive of any artificial embankments or berms.
3.70Existing
Means existing as of the date of the passing of this By-law.
3.71 Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and other staple crops. This definition shall also apply to land used for animal husbandry, dairying or wood lots.
3.72Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located.
3.73Farmer's Market
Means an establishment or premises where the farm products of a local farming community are sold at retail from covered or uncovered areas designed for individual retailers.
3.74Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines.
3.75Flea Market
Means a street market composed of a series of individual retailer's booths or tables where sundry, new or second-hand articles, fresh produce or preserves are offered for sale.
3.76Floodline
Means a line established by a one in one hundred year storm which is determined by the flood plain mapping of the appropriate Conservation Authority.
3.77Flooding Hazards
Means the inundation of areas to a shoreline or a river or stream system and not ordinarily covered by water and is described as the one hundred year flood or major storm such as the Timmins Storm (1961) transposed over a specific watershed.
3.78Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or may be subject to flooding hazards.
3.79Floor Area - Gross
Means the total area of each floor measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor (see illustration).
3.80Floor Area - Net
Means usable or habitable space above or below grade, measured from the exterior face of the exterior walls of the building or structure but shall not include:
(a)Any private garage, porch, veranda, and unfinished basement, cellar or attic;
(b)Any part of the building or structure below grade which is used for building services, storage or laundry facilities; and
(c)Any part of the building or structure used for the storage or parking of motor vehicles.
3.81Forestry Use
Means the general raising, management and harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silviculture practices.
3.82Fuel Depot
Means land, building or structures used for the bulk storage, distribution and sale of gasoline, liquid or solid fuels or propane.
3.83Funeral Parlour
Means a building or part of a building wherein undertaking services are offered and may include subsidiary activities such as the sale of caskets and urns, the serving of food and beverages to visitors, a chapel and funeral accessories provided such activities are clearly secondary and incidental to the main undertaking service but shall not include a crematorium.
3.84Garage - Municipal
Means a building which is used for the storage or servicing or minor repairs of equipment essential to the actual operation of motor vehicles owned and maintained by the Township of Johnson and any Ministry or department of the Government of Ontario or Canada.
3.85Garage - Private
Means an accessory building or portion of a main building including a carport which is designed or used for parking or storage of motor vehicles of the occupants of the premises and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use.
3.86Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment, products and planting materials provided it is clearly accessory to a retail store and is enclosed by a wall, a fence or other form of visual screen constructed of materials which will blend in with the associated retail store.
3.87Gasoline Bar
Means a place for one (1) or more pump islands each consisting of one (1) or more gasoline pumps or motor fuel pumps, and which such premises may include the accessory sale of convenience items or food and which such premises shall not be used for repairs, oil changes or greasing of vehicles.
3.88Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which are operated automatically by credit or debit cards.
3.89Golf Course
Means a public or private area operated for the purpose of playing golf and includes a par 3 golf course, driving range, putting green, club house but does not include a miniature course and similar use operated for commercial purposes.
3.90 Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the Municipality, in which three (3) to ten (10) persons (exclusive of supervisory staff or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal bylaws.
3.91 Guest Cabin
Means an accessory building used for guest accommodation which does not contain any cooking or sanitary facilities.
3.92Habitable Room
Means a room in a dwelling used or intended to be used primarily for human occupancy.
3.93 Hereafter
Means after the date of the passing of this by-law.
3.94Herein
Means in this By-law, and shall not be limited to any particular section of this By-law.
3.95Helipad
Means a landing area or pad used for the landing and take-off of helicopters as further governed under the Canadian Aviation Regulation 325 under the Aeronautics Act.
3.96Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall include all necessary and incidental structures, service facilities, fuelling facilities, passenger and cargo facilities and as further set out under the Canadian Aviation Regulation 325 under the Aeronautics Act.
3.97High Water Mark
Means the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Features will also include a natural line or "mark" impressed on the bank or shore or rock, or other distinctive physical characteristics.
3.98Home Industry
Means any occupation which is carried out as a use accessory to the main agricultural or residential use of the property and only by a resident of/or the members of the family on the property provided that:
It is clearly secondary to the main agricultural or residential use and does not create nor become a public nuisance in particular in regard to noise, traffic, parking or public safety;
The use does not occupy more than 25% of the gross floor area of a residential dwelling unit or where located in an accessory building shall not occupy more than 93 m2 (1,000 sq. ft.);
This definition includes such activities as a seasonal retail outlet for farm produce produced on the farm, a workshop for wood workers, welders, painters, plumbers, other members of the trade, a machine or auto repair shop;
There shall be no more than two (2) commercial vehicles parked at any one time on the property;
There shall be no outdoor storage or display to indicate to persons outside that any part of the property is being used for other than residential or agricultural uses except for an unlit sign of not more than 1 m2 (107 sq. ft.);
Such home industry is not an obnoxious trade, business or manufacture;
Not more than three (3) persons, other than the owner are employed therein on a full-time business.
3.99Home Occupation
Means the accessory use of part of a dwelling unit for pursuits conducted entirely therein by the occupant thereof and compatible with a domestic household provided that:
The use is clearly secondary to the use of the dwelling unit as a private residence and shall be located entirely within the dwelling unit;
There shall be no outdoor storage or display to indicate to person southside that any part of the property is being used for other than residential or agricultural uses except for an unlit sign of not more than 0.5 m2 (5.4 sq. ft.);
The use does not create or become a public nuisance in regard to noise, odour, traffic, parking or public safety;
The use does not occupy more than 25% of the gross floor area of the dwelling unit or 40 m2 (430 sq. ft.) whichever is the lesser;
The use includes a studio but does not include or permit a clinic, any retail or wholesale store or vending outlet, eating establishment, tourist establishment, convalescent home, mortuary, funeral parlour, or any use of a workshop, storage yard or plant or any of the trades.
3.100Industrial Use
Means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and the storage of building and construction equipment and materials as distinguished from the buying and selling of commodities and the supplying of personal services.
Class I Industry - Light Industrial Uses
Means a place of business for a small scale, self contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions (e.g., noise, odour, dust and vibration). Such industries operate in the daytime only with infrequent movement of products and /or heavy trucks and no outside storage. Examples include: electronics manufacturing and repair, high technology industries, furniture repair and refinishing, beverage bottling, package and crafting services, small scale assembly, auto parts supply.
Class II Industry - Medium Industrial Uses
Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g., it has an open process) and where there are periodic or occasional outputs of fugitive emissions (e.g., noise, odour, dust and/or vibration). Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. Examples include dry cleaning services, printing establishments, paint spray booths, welding shops, courier and transport services, heavy vehicle repairs, bulk fuel storage, raw product storage (e.g., aggregates, logs/lumber), warehousing, contractor's yard.
Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit and potential adverse effects on the environment or the surrounding areas and public health.
3.101Institutional Use
Means land, building, structure or part thereof used by any government agency, organization, group or association, for the promotion of religious, charitable, educational, medical, benevolent objectives or public service and which is not operated for profit or gain.
3.102Kennel
Means a place or confine where five (5) or more dogs are kept, bred or raised for any reason.
3.103Landscaping
Means:
(a)A combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable adjacent land use; and
(b)Does not include parking areas, traffic aisles or driveways or ramps for vehicles.
3.104Laundromat
Means a building or structure where coin-operated laundry machines, using only water, detergents and additives, are made available to the public for the purpose of laundry cleaning.
3.105 Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and which is equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs and beverages within or from the vehicle and may include exterior seating (e.g., picnic tables).
3.106 Livestock Facility
Means one or more barns or permanent structures with livestock occupied portions intended for keeping of livestock. A livestock facility also includes all manure or material storage and anaerobic digesters.
3.107Livestock Sales Outlet
Means a building or structure where livestock such as cattle, goats, sheep, horses or the young thereof are bought and sold.
3.108Loading Space
Means a space or bay located on a lot or within a building which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials in connection with the use of the lot or any building thereon, and which has unobstructed access not necessarily in a straight line to a street.
3.109Lot
Means a parcel of land which is capable of being legally conveyed in accordance with the Planning Act, R.S.O.1990 (see illustrations).
3.110Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot.
3.111Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one hundred and thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the 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.
Definition of Lot Types
3.112Lot Coverage
Means the combined areas of all the buildings on the Lot measured at the level of the lowest floor above grade in relationship to the area of the Lot and expressed as a percentage.
3.113Lot 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. If 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.
3.114Lot Coverage
Means the combined areas of all the buildings on the Lot measured at the level of the lowest floor above grade in relationship to the area of the Lot and expressed as a percentage.
3.115Lot 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. If 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.
3.116Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line 6 m [19.6 ft] back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines.
3.117Lot Interior
Means a lot other than a corner or a through lot which has frontage on a public street.
3.118Lot Line
Means a boundary line of a lot.
3.119Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a street.
Examples of Lot DefinitionsExamples of Lot Definitions
Examples of Lot Definitions
Examples of Lot Definitions
3.120Lot Line, Front
Means:
In the case of an interior lot, the line dividing the lot from the street line;
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line;
In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street, or abuts a Provincial highway shall be deemed to be in the front line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line;
In the case of a lot with water access only, the front lot line shall be on the water side. In the case of a through waterfront lot with water access only, the longest shoreline shall be deemed to be the front lot line; and
In case of a lot with frontage on a public street or private road and on a water body, the front lot line shall be measured both on the street line and on the water side.
3.121Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line.
3.122Lot Line, Side Interior
Means a lot line other than a front, rear or side exterior lot line.
3.123Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets.
3.124Lot, Width
Means the average horizontal dimension between the two longest opposite sides.
3.125Lumber Yard
Means a lot and accessory buildings where the primary use is the storage of construction grade wood and building supplies for sale at retail or wholesale.
3.126Main Building
Means the building designed or used for the principal use on the lot.
3.127Main Wall
Means any exterior wall of a building and all structural members essential to the support of a fully enclosed space of roof exclusive of permitted projections.
3.128 Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock facility containing liquid manure (< 18% dry matter), solid manure (≥ 18% dry matter), or digestate (< 18% dry matter). Permanent storages may include any of: locations (under, within, nearby, or remote from a barn), materials (concrete, earthen, steel, wood), coverings (open top, roof tarp, or other materials), configurations and shapes or elevations (above, below or partially above grade).
3.129Marina
Means an establishment where boat house, boat storage, pier, dock or jetty facilities are available for any type of marine pleasure crafts and may include fuel pumps and facilities for the sale, servicing, repair and maintenance of marine craft, and buildings for the supply of marine craft accessories and may include an eating establishment. Sewage pump-out facilities for pleasure craft are also permitted.
3.130Minimum Distance Separation Formulae I and II
Means the most contemporary version of the "Minimum Distance Separation I and II" of Ministry of Agriculture, Food and Rural Affairs (see Appendix 1).
3.131Mobile Home
Means 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 a travel trailer or tent trailer or trailer otherwise designed.
3.132Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes.
3.133Modular Home
Means a single detached dwelling consisting of two or more modules which has been prefabricated or manufactured in a factory remote from the site where it is intended to be used and transported to the site for installation on a permanent foundation, but does not include a mobile home but does not include a Mobile Home, Recreational Vehicle, or a Park Model Trailer as otherwise defined.
3.134Motel
Means a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein three (3) or more guest rooms, each guest room having a separate entrance directly from outside and may include an accessory eating establishment.
3.135Municipality
Means the Township of Johnson.
3.136Non-Complying
Means any existing use, building, structure or lot which does not conform with the zone requirements and standards of this By-law (see also Non-Conforming).
3.137Non-Conforming
Means any existing use, building, structure or lot which does not conform with the permitted use provisions of any Zone in this By-law (see also Non-Complying).
3.138Nursery
Means land and structures used for the growing of sod, flowers, bushes, trees, or other gardening, landscaping, or orchard stock for wholesale or retail sale.
3.139 Nutrient Unit
Means an amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act) and correlates to the number of types of livestock for a given nutrient unit.
3.140Obnoxious Uses
Means any use which is a nuisance to the occupant or owner of any neighbouring lands or buildings by reason of the emission from the neighbouring land or building or any part thereof, or the creation thereon, of odours, gases, dirt, radiation, smoke, noise, vibration, fumes, cinders, soot, waste or water carried waste, or depositing or leaving unsightly objects or chattels thereon.
3.141Official Plan
Means the Official Plan of the Township of Johnson or parts thereof and amendments thereto.
3.142Office
Means a building, structure or part thereof used for the purpose of providing accommodation for the performance and transaction of business including administrative, clerical and professional activities.
3.143Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways, patios, pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas.
3.144Open Storage
Means storage or display of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include the open storage of goods or equipment incidental to a residential occupancy of a lot, a parking area or parking space.
3.145Park, Public
Means an area of land, in public ownership dedicated to recreational, cultural or conservation uses, and, for the purposes of this definition, includes a Provincial Park.
Park - Private (see Recreational Commercial Establishment)
Park Model Trailer (see Dwelling - Park Model Trailer)
3.146Parking Aisle
Means a portion of a private parking area, or a commercial parking lot, or a private or a commercial parking structure which abuts a parking space on one or more sides and which provides access from the parking space to a street or lane and which is not used for vehicular parking.
3.147Parking Area
Means a lot or portion thereof required in accordance with the provisions of this By-law for the temporary storage or parking of motor vehicles accessory or incidental to uses in all zones, and shall not include the storage or parking of four (4) or more motor vehicles for hire and gain, display or for sale.
3.148Parking Lot - Commercial
Means a lot or portion thereof used for the temporary storage or parking of four (4) or more vehicles for hire and gain but does not include the sale of new or used vehicles or the storing of impounded or wrecked vehicles.
3.149Parking Space
Means an area used for the temporary parking of one motor vehicle.
3.150Person
Shall include an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.
3.151Personal Service Establishment
Means an establishment wherein a personal service is performed. This definition may include a barber shop, beauty salon, shoe repair, photographic store, laundromat or a dry cleaning distribution station or a similar use.
3.152Place of Amusement
Means an establishment operated for commercial gain or profit wherein amusement facilities are provided such as a video arcade or penny arcade, billiard or pool room, pinball machines and video games but shall not include a drive-in theatre.
3.153Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows, trade fairs, fashion show, public meetings, banquets, conference meetings and similar activities.
3.154Place of Worship
Means a building or an open area dedicated to religious worship.
3.155Playground
Means a park or part thereof which is equipped with active recreational facilities oriented to children.
3.156Porch
Means a single storey roofed structure which is structurally dependent on and projecting from a dwelling with walls that are open and unenclosed but may contain mesh screening for insects and is used only as an outdoor unwinterized living area but does not include a deck as defined.
3.157Portable Asphalt/Concrete Plant
Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material or a plant designed to produce concrete and includes stockpiling and storage of bulk materials used in the process, which is not of permanent construction but is designed to be dismantled and moved to another location as required. Portable asphalt plants/concrete plants must comply with the Ministry of the Environment's separation distances and must obtain a certificate of approval from the Ministry of the Environment.
3.158Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the method, and publishing of newspapers, periodicals, books, maps and similar publications and also includes the sale and servicing of printing and duplicating equipment.
3.159Private Club
Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes.
3.160Private Road
Means a private right-of-way over private property which affords access to at least two (2) abutting lots and which is not maintained by a Public Authority.
3.161Public Access Point
Means public land designated by the appropriate authority and developed and maintained by the authority as a public access to a navigable water body.
3.162Public Authority
Means the Township of Johnson and any Boards or Commissions thereof and any Ministry or Department of the Governments of Ontario or Canada, or other similarly recognized public utility or agencies established or exercising any power or authority under any special or general statute and includes any committee or local authority established by By-law of Council.
3.163Public Street
Means a public or common highway affording principal means of access to abutting properties which has been assumed by a public authority.
3.164Public Utility Installation
Means:
Any building, structure, plant and/or equipment, essential to the operation of a public utility or service; and/or
Which is operated by or on behalf of any of the following:
Great Lakes power Corporation
Algoma Power
Bell Canada
Hydro One
Ontario Power Generation
Hydro One Networks
A rail line
A fuel transmission company
A cablevision company
A telecommunications company
Any company which is incorporated to provide an essential utility facility or service whether federally or provincially incorporated, or which the Government of Canada, the province of Ontario, the Township of Johnson operates or has operated for them on their behalf (e.g. OCWA)
3.165Quarry or Pit
Means any open excavation made for the purpose of removing any soil, earth, clay, marl, sand, gravel, consolidated or unconsolidated rock or mineral in order to supply material for construction, manufacturing or industrial purposes but shall not include an excavation incidental to the erection of a building or a structure for which a building permit has been granted to the Corporation, or an excavation incidental to the construction on any public works.
3.166Recreational Commercial Establishment
Means an establishment, premises, or building where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, such as health clubs, golf courses, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses.
3.167Recreational Vehicle
Means any vehicle constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for the living, sleeping or eating accommodation of persons on a temporary, transient or short term basis, even if the vehicle is jacked up or its' running gear is removed. A recreational vehicle does not include a mobile home as defined in the Planning Act, a park model trailer or a manufactured home as governed by the Building Code Act.
This definition does not apply to prevent the storage of boats, boat or vehicle trailers, personal water craft, snowmobiles, all terrain vehicles (ATVs) or other recreational equipment normally stored or parked on a lot.
3.168Recreational Vehicle Sales and Storage and Repair
Means a building and/or lot which are used for the repair, display, storage and/or sale of boats, trailers, campers, snowmobiles, ATVs and other recreational vehicles.
3.169Redevelopment
Means the removal or rehabilitation of buildings or structures and the construction, reconstruction or erection of other buildings or structures in their place.
3.170Registered Plan
Means a plan legally registered as per the Registry Act or the Land Titles Act.
3.171Restaurant
Means a building or structure where food is prepared and offered for sale to the public for consumption within or outside the building or structure.
3.172Retail Store
Means a building wherein goods, wares, merchandise, substances or articles are offered for sale to the general public, and may include the limited storage of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein.
Road (See Public Street)
3.173Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned or for the sale, dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof. This definition may include a junk yard, a scrap metal yard, a recycling depot and an automobile wrecking yard on the premises.
3.174Sauna
Means an accessory building or structure wherein facilities are provided for the purpose of a steam bath and may include a change room and shower.
3.175Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step.
3.176 Showroom
Means a part of a building primarily used for the display of samples, patterns or other goods and wherein orders are taken for merchandise which is stored in bulk or manufactured in part of the same building, generally for future delivery to its consumers
3.177School
Shall mean a public educational establishment operated by a Board of Education.
3.178School, Commercial or Private
Means an educational establishment, other than a School, wherein teaching or instruction is offered for gain in such fields as academics, dancing, music, art, sports, business or trade, and any other such specialized school conducted for gain, and also includes such fields as a studio for photography and arts and crafts.
3.179Seating Capacity
Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews.
3.180 Self-Storage Facility
Means a building or part of a building used for the purpose of renting or leasing individual secured storage units to tenants who are to have access to such units for the purpose of storing and removing property. Property may include general merchandise, furniture, household items, unlicensed and licensed vehicles, equipment, tractors and recreational vehicles (boats, motor homes, trailers). Explosives, radioactive materials, flammable or hazardous chemicals or goods which produce noxious odours are prohibited.
3.181Service Outlet
Shall mean a building whether in conjunction with a retail store or not, used for the repair or servicing of goods, commodities, articles or materials, but not the manufacturing thereof. Automotive repairs and services are not permitted under this definition.
3.182Setback
Shall mean:
With reference to a road or street, the least horizontal distance between the front lot line and the nearest building line; and
With reference to a water body, the least horizontal distance between the high water mark of the water body and the nearest building line.
With reference to a building, structure or land use and not applicable under paragraph (a) or (b), shall mean the least horizontal distance from the building, structure or land use in question.
With reference to a private road, the least horizontal distance between the shoulder of the travelled portion of the road and any building or structure, or the limit of the road as shown and measured on a survey.
3.183Shooting Range or Rifle Club
Means land buildings, structures or premises used for recreational target practice, skeet shooting, gun or hunter safety instruction and are commercially operated by a club or organization.
3.184Shoreline, High Water Mark or Waterbody
Means the mark made by the action of water under natural conditions on the shore or bank of a body of water which action has been so common and usual that it has created a difference between the character of the vegetation or soil on the other side of the mark.
5 m5 m5 m5 m
5 m
5 m
5 m
5 m
3.185Sight Triangle
5 m5 m5 m5 m
5 m
5 m
5 m
5 m
5 m5 m5 m5 mMeans a triangular space, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines as specified in this by-law (see illustration).
5 m
5 m
5 m
5 m
3.186Sign
Shall mean any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which:
(a)Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and
(b)Which is used to advertise, inform, announce, claim, give publicity or attract attention.
3.187Storey
Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it.
3.188Street Allowance
Shall have a corresponding meaning to that of Public Street or Private Road.
3.189Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and a Public Street or Private Road.
3.190Structure
Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle but does not include a fences.
3.191Studio
Means a building or part thereof used,
(a)As the workplace of a photographer, artist, or artisan; or
(b)For the instruction of art, music, languages or similar disciplines.
3.192Swimming Pool
Means an open or covered pool which is at least 50 cm [19.6 in] in depth, and may include a hot tub or whirlpool or jacuzzi.
3.193Tavern or Roadhouse
Shall mean a "tavern" as defined by the Liquor License Act.
3.194 Tourist Commercial Retail Store
Means a retail store catering principally to the tourism industry.
3.195Tourist Lodge
Means a building or buildings designed or used for the accommodation of the travelling public or vacationing public and may include a campground, motel, lodge, self-contained rental cottage or cabins where more than 3 such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses.
3.196Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes.
3.197Township
Means the Corporation of the Township of Johnson.
Trailer (see Recreational Vehicle)
3.198Transportation Depot
Means land, or a structure or a building where commercial vehicles are kept for hire, rental and/or lease, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise.
3.199Transfer Station
Means land, buildings or parts of buildings used for the temporary storage, and subsequent dispersal of garbage, refuse, domestic or industrial waste, exclusive of liquid industrial waste or hazardous waste.
3.200Use
Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or maintained.
3.201Veterinary Establishment
Means a building or part of a building used by a veterinary surgeon where animals, birds or other livestock are treated and where domestic animals and/or birds may be kept for treatment and may include a kennel.
3.202Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video tapes and may include the rental of video cassette recorders, video cameras and video games.
3.203Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk storage of goods, merchandise, or material.
3.204Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment and/or its agents where garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical wastes is disposed of or dumped. This definition shall include compost sites, septage disposal sites and lagoons, wastewater stabilization lagoons, waste transfer stations and recycling depots.
3.205Water Frontage
Means a lot which has one or more lot lines abutting a navigable watercourse, bay or lake.
3.206 Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation channel.
3.207Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open excavation for use in a public undertaking.
3.208Wayside Quarry
Means a place from which consolidated aggregate is removed by means of open excavation for use in a public undertaking.
3.209 Welding Shop
Shall mean a building or structure or part thereof where metal products are joined, repaired or shaped by welding but no mass productions shall be involved.
3.210Wetland
Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition.
3.211 Workshop or Custom Workshop
Means a building, structure or part thereof where manufacturing is performed by a tradesman, requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or similar uses.
3.212Yard
Means the area between a main wall of a building and a lot line that, except for landscaping or accessory buildings and projections specifically permitted elsewhere in this by-law, is unobstructed above grade (see illustration).
3.213 Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a main building closest to the front lot line (see illustration).
3.214Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the Yard, Rear shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building (see illustration).
3.215Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line (see illustration).
3.216Yard, Side Exterior
Means a side yard adjacent to a public street (see illustration).
3.217Yard, Side - Interior
Means a side yard other than an exterior side yard (see illustration).
3.218Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
3.219Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone Regulations" and includes anything which is applicable to the zone or use.
3.220Zoning Administrator
Means the officer or employee of the Corporation, charged with the duty of enforcing the provisions of this By-law.
Section 4 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations which apply regardless of the specific zoning (Section 5). Whereas the zones provide site specific controls corresponding to such items as permitted uses and locational restrictions, the General Provisions provide regulations more general in nature, applying to a variety of uses regardless of zoning.
4.1Accessory Buildings, Structures and Uses
4.1.1Where a lot is devoted to a permitted use, customary accessory uses, buildings and structures are authorized provided that (see illustration):
(a)All accessory uses, buildings and structures to a permitted principal use shall be located on the same lot and in the same zone as the principal use. No accessory building shall be erected prior to the erection of the main building on the same lot, except where it is necessary for the storage of the tools, and materials for the use in connection with the construction of the main building or structure, and no such accessory building shall, prior to the erection of the main building, be used for any purpose other than storage and shall not be used for habitation unless otherwise permitted by this By-law;
(b)The use of any accessory building for human habitation is not permitted except where specifically listed as a permitted use;
(c)No accessory use shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building.
(d)No accessory building or structure shall be erected closer than 1.5 m [4.9 ft.] to any interior side lot line or rear lot line or the main;
This provision shall be exempted:
For a partially enclosed shelter for use by children waiting for a school bus, if such use is located in a rural zone and provided the front yard setback for the shelter is 3 m [9.84 ft];
For any farm produce outlet located in a rural zone provided the front yard setback for any sales structure is 3 m [9.84 ft];
For a lot in a rural zone to the extent that accessory uses, buildings and structures may be located in the front yard provided that the minimum front yard depth for the main building shall be double the front yard depth otherwise required for the zone, provided that the accessory uses, buildings or structures shall be in compliance with the front yard, interior and exterior side yard requirements for the main buildings or structures in the zone and provided that all other relevant provisions of this By-law are complied with;
For open or outdoor storage, where permitted in this By-law; and
For a gate house used for security for a gated residential complex, or a permitted non-residential use provided the front yard setback for the gate-house is 3 m [9.84 ft].
(e)Common semi-detached garages or carports may be centered on the mutual side lot line.
(f)Accessory uses, excluding open swimming pools, shall not cover more than 10 % of the lot area in any Residential zone or 50% of the maximum lot coverage permitted in any non-residential zone.
(f)Notwithstanding Section 4.1.1 (c) and (d) above, a boat house, dock or wharf may be located in the front yard, side yard or rear yard where a lot abuts a navigable waterway, provided that the approval of any governmental authority having jurisdiction has been obtained and provided that the boat house, dock or wharf is located not closer than 5.0 m [16.4 ft.] to the nearest adjacent lot line and does not encroach on adjacent frontage when the lot boundaries are extended into the water (see illustration)
4.1.2Private swimming pools, both above-ground and in-ground both open and covered, shall be permitted subject to any By-law of the Township regarding swimming pools and the following requirements:
(a) Open Pools
Open Pool areas shall be totally enclosed by a fence constructed of suitable materials, having a minimum height of 1.5 m [4.9 ft] with a self-locking gate;
The maximum height of an above-ground pool shall not be more than 2 m [6.56 ft.] above grade and shall not be located within 5 m [16.4 ft.] of the fence;
Any building or structure, other than a dwelling, required for changing clothing or pumping, filtering or storage or any similar purposes shall comply with the provisions respecting accessory uses and structures; and
No part of an Open Pool including an associated apron or platform which is in a front or side yard shall be constructed closer to a street line than the requirements for a main building in the zone within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure.
(b)Covered Pools
Covered pools shall conform with the accessory building requirements contained in Section 4.1.1 where the pool is built in an accessory building.
(c)Pools in the Flood Plain
The establishment of any swimming pool in an identified flood plain area shall be subject to the approval of the Ministry of Natural Resources.
Example of Accessory Building and Use
4.1.3Bed and Breakfast
A bed and breakfast establishment shall be permitted in any residential zone in a single detached dwelling subject to the following requirements:
That the use of the dwelling does not change the residential character of the dwelling;
That the requirements for the provision of off-street parking spaces can be met;
That the requirements of the local Health Unit, where applicable, can be met;
That one sign only shall be permitted provided the sign area does not exceed 1.2 m2 [12.9 ft2], does not flash or oscillate, does not exceed a height of 1.5 m [4.92 ft] if a free standing sign, shall not obstruct any sight triangle, and has a minimum setback from any lot line of 1 m [3.28 ft]; and
That the bed and breakfast shall not be combined with any other residential use except a single detached dwelling in which it is located.
4.2Auto Service Station, Gasoline Bar, Car Washing
Despite any other provisions contained in this By-law, for all zones within which an automobile service station, gasoline bar, and/or car washing establishment is permitted the following shall apply:
(a)Gasoline Pump Island Location
The minimum distance between the gasoline pump island, pumps and their related overhead canopies and any pump shall be 10 m [32.8 ft] from any lot and street line.
(b)Where a car washing establishment abuts a residential zone, the following requirements shall apply:
Notwithstanding any other requirements of this by-law, for a lot abutting lands zoned for residential use, a car washing establishment shall not be permitted on any lot having a lot area of less than 0.4 ha [1 ac.] and shall be located on such lot no closer than 20.0 m [65.6 ft.] to any lot line abutting such residential zone.
No washing or drying operations shall be permitted except within the building designed for the purpose of the car washing establishment.
The building shall be so designed that vehicles will egress from the building after washing and drying operations by means of a door located in the wall of the building which is furthest removed from the lot line(s) which abut lands which are zoned for a residential use.
A landscaped area of not less than 6.0 m [19,6 ft.] in depth from the lot line(s) which abut lands which are zoned for a residential use shall be used for no other purpose than landscaping, including the planting of trees and shrubs and the erection and maintenance of screening, walls and fences.
Separation of Propane Tanks and Natural Gas Tanks
No person shall erect or use a tank for the storage of propane for sale at an automobile service station or gas bar or on any other property where vehicle fuel may be dispensed unless a license has been obtained from the Ministry of Consumer and Commercial Relations and the location is in compliance with the requirements under the Ontario Propane Code, and the Gasoline Handling Act.
(d)The width of any entrance or exit combined entrance or exit measured at the front lot line or exterior side lot line shall not be greater than 9 m [29.5 ft] and there shall not be more than 2 accesses from any one street which adjoins the lot.
(e)The minimum distance of any access from a street intersection shall be 12 m [39.4 ft] and the minimum distance between accesses shall be 9 m [29.5 ft. ].
4.3Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall be moved from outside the Township into the Township unless the building or structure is a permitted use and satisfies all the requirements of the zone in which it is to be located and then only after a permit has been obtained from the Chief Building Official.
4.4Camp
A permitted camp may be located on any lot of record provided such building is separated a minimum of 500 m [1,640.4 ft.] from any existing residential dwelling unit. No minimum lot area or frontage requirements shall apply to a permitted camp. The maximum gross floor area of a camp shall be 37.2 m2 [400 ft.2].
4.5Change of Use
A use of lot, building or structure which, under the provisions hereof is not permissible within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permissible within such zone.
4.6Cumulative Standards
Despite anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with, but no dwelling shall be located within 3.0 m (9.8 ft.) of any other building on the lot except a building accessory to such dwelling.
4.7Established Building Line in Built-up Area
Notwithstanding any other provision or regulation of this By-law, in any Residential Zone, the front yard setback for a residential building to be constructed between existing buildings or adjacent to existing buildings which are separated by no more than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing residential buildings or 6 m [19.6 ft.] whichever is the greatest.
4.8Day Nurseries
Private home day nurseries are permitted in all zones where residential uses are permitted as a principal use. Such day nurseries shall comply with the provisions of the Day Nurseries Act.
4.9Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being made to one or more of the standards of that zone for a specific area governed by the By-law. All other provisions of the By-law shall continue to apply.
A number after the "-X" (e.g., R-X1) indicates the order of the various exception zones.
4.10Farm Use
Nothing contained in this By-law shall prevent the continued use of any land, building or structure for farming or agricultural purposes as defined, or any extension or addition of such use provided that any additions or extensions of such use shall comply with the requirements of the Minimum Distance Formulae I and II of this By-law (as set out in Appendix 1) and the applicable requirements of the Rural (R) Zone, Agricultural (A-1) and Agricultural (-2) Zones.
4.11Flood Plain
Notwithstanding any other provisions of this By-law, no dwelling shall be constructed or extended or expanded along the Lake Huron Shoreline below geodetic elevation of 178.3 m [584.9 ft.] except as otherwise permitted in -subsection 4.11.
Notwithstanding any other provision of this By-law, no building or structure except a boat house, dock or wharf shall be erected closer than 15 m [49.2 ft.] from any shoreline, water body or high water mark.
Modification of the flood plain through filling, excavation or by other means is prohibited unless otherwise permitted by the Ministry of Natural Resources.
No person shall use any land or erect, alter or use any building or structure in the Flood Plain except in accordance with the following provisions:
4.11.1Permitted Uses
Buildings or Structures Intended for Flood or Erosion Control or Slope Stabilization;
All Buildings and Structures in Existence on the Day of the Passing of this By-law;
Conservation Uses;
Forestry Uses;
Parks without Buildings or Structures;
Hydro-electric generating facilities
4.11.2Prohibited Uses
An institutional use;
Any essential emergency service such as those provided by fire, police and ambulance stations and electrical substations which would be impaired during an emergency as a result of flooding, the failure of flood proofing measures and/or protection works and/or erosion; and
Any building, structure or use which involves the disposal, manufacture, treatment or storage of hazardous substances defined as materials that are ignitable, corrosive, reactive, radioactive or pathological and would normally pose a danger to public health, safety and the environment.
4.12 Frontage on a Public Street or Private Road
4.12.1 No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected has sufficient frontage on a public street or private road as per the requirements of the respective zone within which the lot is situated except:
(a)Where such use or dwelling is located on an island provided there is adequate access to public parking or an easement registered on title providing for off-street parking in lieu of public parking and docking facilities on the mainland;
(b)Where such dwelling is located on an existing private road and does not require an extension of the private road and is located on an existing lot of record;
(c)A camp;
(d)A resource related use on Crown Land;
(e)A communications facility;
(f)A public utility;
(g)A wayside pit or quarry; and
Any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities.
For subsections (c), (e), (f), and (g), where frontage is not on a public street or a private road, access shall be provided by a legal right-of-way to the property.
4.12.2Exception for Existing Agreements
(a)Despite Section 4.12.1, where a maintenance agreement exists between the municipality and a land owner and is registered on title, frontage on an unopened or unmaintained public right-of-way shall be deemed to conform to the provisions of this section, provided that such frontage is in conformity with the standards set out in the corresponding zone or any exception thereto;
(b)Despite Section 4.12.1, where an access agreement registered on title between or amongst landowners provides for a right-of-way to an existing lot of record, or the lot of record has water access only, the access requirements shall be deemed to conform with the provisions for access of this By-Law.
4.12.3Ministry of Transportation Access Requirements
In addition to all the municipal requirements, all development adjacent to Provincial Highways is also subject to the requirements and permits of the Ministry of Transportation.
4.13Group Homes
Group Homes shall be permitted in all zones that allow residential uses (i.e. R1, MR, RR, SR, R), provided that they are provincially licensed and/or approved.
4.14Helipad, Heliport
Where a Helipad or Heliport is permitted in this By-law, the following provisions shall apply:
The setback between the edge of the helipad and the main wall or receptor of a sensitive land use shall be determined by a noise and vibration study undertaken by a professional competent in undertaking such studies. Reference shall be made to Ministry of the Environment Guideline "Noise Assessment Criteria in Land Use Planning LU-131";
The setback between the edge of the helipad and any non-residential use not classified as a sensitive land use shall be 200 m [656.2 ft]; and
The classification, design, construction and operation of a Heliport shall comply with Standard 325, Heliports, Part III, Canadian Aviation Regulations issued under the Aeronautics Act, administered by Transport
4.15Illumination
Illumination of buildings and grounds shall be permitted provided that:
(a)Illumination shall not cause direct or indirect glare on a street that may interfere with traffic or pedestrian safety;
(b)Illumination shall not consist of a colour or be so designed or located that it may be confused with traffic signals; and
(c)Illumination shall not cause direct or indirect glare on land or buildings in any zone in which residential uses are permitted.
4.16Kennel
A kennel shall only be permitted as an "Exception Zone" to the Rural Zone.
4.17Land Suitability for Use and Organic Soils
Despite any other provision of this By-Law, no habitable building or structure shall be constructed, erected, altered or used on land which, by reason of its rocky, low lying, marshy, unstable character or which is located or may be located on organic soil unless the proponent or applicant for development can demonstrate through professionally acceptable engineering techniques that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Ontario Building Code with respect to the installation of an individual on-site sewage and water system can be met.
4.18Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of the Building By-law or any other By-law in force within the Township or from obtaining any permit, license, permission, authority or approval required by this or any other By-law of the Township of Johnson or by any other law in force from time to time.
4.19Loading Space Requirements
For every building or structure erected for a commercial or industrial use, involving the frequent shipping, loading or unloading of persons, animals, wares, merchandise or other goods, there shall be provided and maintained loading spaces in accordance with the following requirements:
Each loading space shall have a minimum height clearance of 4.25 m [13.9 ft.] and shall be at least 3.75 m [12.3 ft.] in width by 7.5 m [24.6 ft.] long if situated inside of or at right angles to a building or structure or 3.75 m [12.3 ft.] wide by 9.0 m [29.5 ft.] long if situated parallel to the wall of a building or structure.
(b)Loading spaces shall be located in a building or structure, an open rear yard or an open side yard on the same lot on which the main use is located and the loading space is required, provided such a space is in an area whose distance from a lot line to the building or structure is not less than 7.5 m [24.6 ft.] and shall have unobstructed access to and from a street by a driveway, lane or aisle of a minimum width of 6 m [19.7 ft.].
(c)The number of required loading spaces shall be based on net floor area of the building or structure as follows:
(i)Commercial Uses
Net Floor Area
Minimum Required Loading Spaces
0 - 200 m2
0
[0 - 2,152.78 ft2]
200.01 - 500 m2
1
[2,152.89 - 5,381.96 ft2]
over 500 m2
2
[over 5,381.96 ft2]
(ii)Industrial Uses, excluding mineral mining operations and mineral aggregate operations
Net Floor Area
Minimum Required Loading Spaces
0 - 500 m2
1
[0 - 5,382.1 ft.2]
500.01 - 2,000 m2
2
[5,382.1 - 21,505 ft.2]
over 2,000 m2
3
[over 21,505 ft.2]
The loading space requirements stated in paragraph (c) shall not apply to buildings or structures in existence as of the date of passing of this By-law but shall apply to areas of any expansion or enlargement to such buildings or structures for which building permits have been issued after the date of passing of this By-law.
4.20Mine Hazards
No lands identified as having a mine hazard shall be used unless the mine hazard has been rehabilitated or measures taken to mitigate known or suspected hazards. Any required rehabilitation or mitigation measures shall be undertaken using acceptable engineering practices.
4.21Minimum Distance Separation and Special Setbacks
No person shall use any land, building or structure for a sensitive use (e.g., residential use, daycare centre, educational or health facility) unless it complies with the following minimum distance separations, influence areas or special setbacks except where such distances have been waived or reduced by a public authority, where upon the revised distance, influence area or setback shall apply. Distances, influences areas or setbacks shall be measured as set out for the respective requirement.
(a) Setback from Highway 17 or any Active Rail Line.
The setback shall be as determined by a noise and/or vibration study if such is required by Council and shall be generally measured from the point source of the emission to the property line of the receptor land use.
(b) Waste Management Facility
The influence area shall be 500 m [1,640 ft.] from a sensitive land use (e.g. residential use, daycare centre, educational or health facility) measured from the boundary of the (licensed) fill area to the nearest property line of the sensitive use. Within the influence area, no sensitive land use shall be permitted unless an Environmental Impact Assessment is undertaken, to the satisfaction of the approval authority, to demonstrate that the proposed development will not negatively be impacted by the waste management facility (e.g., leachate migration, methane gas, rodents, vectors, vermin, odour, litter, noise, etc.);
No development or land use shall be permitted within 30 m [98.4 ft.] of the (licensed) fill area of an active waste management facility;
No waste management facility shall be permitted within 30 m [98.4 ft.] from any watercourse, lake or pond;
No waste management facility shall be permitted within 100 m [328 ft.] of any lot line which abuts an existing dwelling, school, health care facility or place of worship or vice versa or as otherwise may be prescribed by the Ministry of the Environment.
In addition no waste management facility shall be permitted on land covered by water or in any area subject to flooding (see Section 4.11.2).
(c) Pits and Quarries
The minimum separation distance between a sensitive land use (e.g., residential use, daycare centre, educational or health facility) and the boundary of a Mineral Extraction Area of a pit shall be 70 m [230 ft] or 300 m [984 ft] for a quarry. Within an influence area of 300 m [984 ft] from the boundary of a Mineral Extraction Zone Boundary for a pit or 1,000 m [3,280 ft] for a quarry, respectively, no sensitive land use shall be permitted unless appropriate measures have been undertaken to mitigate adverse or potential adverse impacts such as visual impacts, noise, dust, traffic or ground water quality or quantity. Adverse effects may be addressed by means of a phasing plan, rehabilitation plan, landscaping berming, specified truck routes or other measures acceptable to Council.
(d)Industrial Uses
Class I Industrial: Includes light industrial uses defined as a place of business for a small scale, self-contained plant or building which produces/stores a product which is contained in a package and has low probability of fugitive emissions e.g. noise, dust, odour and/or vibration. There are daytime operations only, with infrequent movement of products and/or heavy trucks and no outside storage. Examples include electronics manufacturing, furniture repair, auto parts supply, packaging and crafting services. The minimum separation distance from a sensitive land use (e.g., residential use, daycare centre, educational or health facility) shall be 20 m [65.6 ft.] measured from property line to property line while the influence area shall be 70 m [230 ft.];
Class II Industrial: Includes a place of business for medium scale processing and manufacturing with outdoor storage of wastes or materials and or periodic outputs of minor annoyance. There are occasional outputs of either point source or fugitive emissions for 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. Examples include feed packing plant, paint spray booths, dry cleaning services, electrical production manufacturing. The minimum separation distance for this industrial classification from a sensitive land use (e.g., residential use, daycare centre, educational or health facility) shall be 70 m [230 ft.] while the influence area shall be 300 m [984 ft.]; and
Class III Industrial: Describes large scale industries with substantial variations in industrial processes, shift operations, large production volumes, outdoor storage of raw and finished products and therefore emissions (e.g., noise vibration, odour, particulate and gaseous discharges or combinations may be anticipated). Examples of heavy industries include refineries, salvage yard, pulp and paper mill etc. The minimum separation distance for this industrial classification from a sensitive land use (e.g., residential use, daycare centre, educational or health facility) shall be 300 m [984 ft.] while the influence area shall be 1,000 m [3,280 ft.].
(e)Water Bodies
Subject to Section 4.11, the minimum setback from the shoreline or the limit of a wetland for a habitable structure (dwelling), a non-residential building, an on-site sewage disposal system and any shoreline structure including but not limited to a gazebo, sauna, utility shed or accessory building shall be 30 m [98.4 ft.] except for a boat house, dock, wharf. The minimum setback from the edge of a drainage ditch or swale and a habitable structure (dwelling), a non-residential building, the edge of a driveway or parking area or amenity shall be 15 m [49.2 ft.]. The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile bed, edge of a driveway, parking area or amenity area to the shoreline or wetland, drainage ditch or swale.
4.22Non-Conforming and Non-Complying Uses
(a)Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law so long as it continues to be used for that purpose. The non-conforming use of any land, building or structure shall not be changed except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, without permission from the Committee of Adjustment pursuant to the Planning Act;
(b)Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the 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 the permit has not been revoked under the Building Code Act;
(c)Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the side yard setback, as a result of a road widening taken by the Township of Johnson and the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with;
(d)Reconstruction of Existing Use
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition of any non-conforming or non-complying building or structure which is unintentionally damaged by fire or other natural cause provided the height and bulk are not increased, approved flood proofing techniques are used (if required) and provided that reconstruction is commenced within two (2) years;
(e)Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation, extension or addition to a building, structure or private sanitary sewage disposal system which is used for a purpose specifically permitted within the zone in which such building or structure is located and which building or structure existed at the date of passing of this By-law but which building or structure does not comply with one or more of the zone requirements of this By-law, provided such renovation, extension or addition does not further reduce the requirements of this By-law and does not contravene any other requirements of this By-law or any requirements of Ministries and agencies; and
(f)Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a lesser frontage and/or area than is required by this By-law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By-law, it may be used for a purpose permitted in the zone in which the said lot is located, provided that no such lot has a frontage of less than 30 m [98.4 ft.] and/or a lot area of 1,400 m2 [15,069.9 ft.2] and the lot it can be adequately serviced with water and sewage services and provided all other applicable provisions in this By-law are complied with.
4.23Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof unless the building, structure, or parts thereof meet all requirements of the Fire Code, the Ontario Building Code and any other applicable regulations, policies, or Acts.
Any private garage or other building which is accessory to a residential use;
Any truck, bus, recreational vehicle, coach or streetcar body whether or not the same is mounted on wheels; and
Any dwelling before the main wall and roof have been erected, the finished roofing material has been installed and the kitchen, heating and sanitary conveniences have been installed and are operating.
4.24Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display except as permitted by this By-law and as an area which has been specifically designed and set aside for such purpose, is fully integrated with the main use of the lot and is in accordance with the following:
(a)Outside storage shall not be permitted within any required front yard and no r than 5.0 m [16.4 ft] to any side or rear lot line;
(b)Where outside storage areas abut a Residential zone, the required setback of the outside storage area shall be increased to 10.0 [32.8 ft] and must also be visually screened from any residential;
(c)Any areas used for outside storage shall be in addition to any minimum off-street parking or loading areas required by this By-law; and
(d)These provisions shall not apply to a garage or yard sale.
4.25Parking and Storage of Vehicles
Except as provided herein, no vehicles shall be parked or stored in a zone in which residential uses are permitted unless the vehicle is located within a garage, carport, driveway, designated parking area or on a street as permitted by Municipal By-law;
No parking space in a residential zone shall be used for the outdoor parking or storage of a motor vehicle unless such vehicle is used in operations incidental to the main permitted use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid;
No commercial vehicle having a gross Vehicle weight in excess of 5000 kg [4.9 tons] shall be parked in a Residential Zone unless such a vehicle is solely used in the conduct of delivery, pick-up or service call activities. One commercial vehicle having a gross weight of less than 5000 kg [4.9 tons] may be parked or stored in a residential zone provided such vehicle is parked or stored on a lot occupied by the owner of the vehicle.
Any recreational vehicle shall be permitted to be stored but not used on a lot occupied by a residential dwelling provided it is parked in a permitted parking space or is located in an internal side yard or rear yard.
Each standard parking space shall have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18.0 ft.] and each barrier-free parking space shall have a minimum width of 3.7 m [12.1 ft.] and a minimum length of 6.0 m [19.6 ft.];
Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or on any one lot, then the off-street parking requirements for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided;
The parking space requirements shall not apply to any building in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area, or a change in use occurs than parking spaces for the addition or area changed in use shall be provided;
Unless otherwise specifically provided elsewhere in this By-law, no driveway which provides ingress and egress to and from any lot or parking space shall pass through zones other than the one containing the permitted use;
Parking spaces for single-family, semi-detached, duplex and converted dwellings in Residential Zones, supplementary regulations:
The driveway and parking space shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials and shall be maintained and treated so as to reduce dust, scattering of stones and similar potentially undesirable effects on adjoining properties;
No more than fifty percent (50%) of the lot frontage as defined by this By-law shall be used or constructed as a driveway or parking space.
(j)Parking area for more than four vehicles, supplementary regulations:
The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials and shall be maintained and treated so as to reduce dust scattering of stones and similar undesirable effects on adjoining properties and shall incorporate drainage facilities that comply with the requirements of the Corporation;
Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 7.0 m [22.9 ft.] for two-way traffic and 4.0 m [13.1 ft.] for one-way traffic where parking is angled; and
A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for one-way vehicular circulation or 7.0 m [22.9 ft.] where designed for two-way vehicular circulation.
(k)Barrier Free (Handicapped Parking)
Wherever barrier-free access to a building is required under the Building Code, one barrier-free parking space shall be provided for every 20 standard parking spaces or part thereof and shall be included in the total number of parking spaces required under the Schedule for Parking Requirements;
(l)Except where permitted elsewhere in this By-law, the required parking for residential uses of land shall be provided on the same lot as the dwelling unit. In all other zones, parking shall be provided within 100 m [328 ft] of the building or lot it is intended to serve, subject to an agreement, deed or renewable lease which provides for same; and
(l)Despite Section 4.26, if the calculation of the minimum parking space requirement results in a fraction, the minimum requirement shall be the next higher whole number.
4.26Schedule for Parking Requirements
In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking in accordance with the following provisions (see Table):
Schedule for Parking Requirements:
USE
MINIMUM NUMBER OF REQUIRED PARKING SPACES
Residential:
2 spaces per dwelling unit plus 1 space for boat trailer parking per dwelling unit on water access only properties
Single-detached
Duplex
Accessory Dwelling
Mobile Home
Park model trailer
Seasonal
Semi-detached
Residential:
Apartment dwellings
Row housing
Converted dwelling
1.5 spaces per dwelling unit, 15% of which shall be reserved as visitor parking
Auto body shop, auto repair shop, auto service station, gas bar
3 spaces per service bay plus 1 space per employee
Assembly hall, auditorium, dance hall, stadium, theatre and similar places of public assembly
1 space for every 4 seats, fixed or otherwise and where there are no seats, 1 space for every 10 m2 [107.6 ft.2] assembly space
Building supply store, lumber yard, garden centre, nursery
1 space for each 20 m2 [215.2 ft.2] of gross floor area and 1 space for each 35 m2 [376.7 ft.2] of open storage
Clinic
6 spaces per doctor
Day nursery - licensed
1 space per employee and 1 space per 5 children
Equipment Rental and sales establishment: Industrial
1 space per 35 m2 [376.7 ft.2] of open storage or gross sales area plus 1 space per employee
General business, retail store, convenience store, grocery store, commercial and personal service establishment, bank, office, meeting rooms, professional office or funeral parlour
1 space per 20m2 [215.2 ft.2] of Gross Floor Area, minimum
5 spaces
Home Industry, Home Occupation
2 spaces plus 1 space for each employee
Hotel, motel, tourist outfitters (with road access)
1 space per guest unit, plus 1 space for each 6 persons of designated seating capacity of any accessory eating establishment
Manufacturing, industrial storage or wholesale, warehouse
1 space per 95 m2 [1022.6 ft.2] of Gross Floor Area plus 1 space per every 3 employees per shift
Continuum-of-care facility
1 space for every 6 patient beds plus 1 space for every 4 employees
Place of Amusement
1 space for every 4 persons that can be accommodated
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, beverage establishment, tavern, road house
1 space for every 4 seats of designated seating capacity and where no seats are provided, 1 space per 6 m2 [64.5 ft.2] of Gross Floor Area
School
2 spaces per classroom
School - Private
4 spaces per classroom
All other uses not listed above
1 space per 30 m2 [322.9 ft.2] of Gross Floor Area
4.27Parts of Buildings/Structures Above Height Level
The height regulations herein set forth shall not apply to any of the following:
Air conditioning system
Chimney
Church spire or belfry
Drying tower
Elevator or stairway enclosure
Enclosed mechanical and electrical equipment
Farm buildings and structures such as a barn, silo or windmill
Flag pole
Hydro electric transmission tower
Mine Headframe
Receiving and transmitting antenna
Receiving stations
Satellite dish
Smoke Stack or Emissions Stack
Solar panels
Ventilating fan or skylight
Water tower or tank
Wind Turbine
4.28Permitted Projections
Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky except that those structures listed in the following table shall be permitted to project into the minimum yards required by this By-law for the following specified distances (see table):
Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED YARD
Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters
0.75 m [2.46 ft.] into any required front, rear or
side yard
Canopies which are at least 2.13 m [7 ft.] in vertical clearance above the established grade, with or without supporting posts
2.0 m [6.5 ft.] into any required yard
Canopies for entrances to apartment buildings and commercial buildings
Despite any other provisions in this By-law, a canopy
or portico over a major entrance to an apartment
building or commercial building may project into the required yard a distance equal to one-half (1/2) the setback of the building from the street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps for use by handicapped, and walkways
No maximum into any required yard
Porch, uncovered platform landing, patio or deck, balconies or steps
Maximum of 2 m [6.56 ft.] into any side yard and 3.0 m [9.8 ft.] into any required front or rear yard
Air conditioner
0.5 m [1.6 ft.] Into any yard.
Heat pump, fire escape.
1.5 m [5 ft.] into a side or rear yard
Accessory building
As permitted by and as specified in this By-law
4.29Prohibited Uses
Except as specifically permitted in this By-law, the following uses are prohibited:
The keeping or raising of any horse, bull, ox, sheep, goat, pig or other cattle, or any poultry, or any reptile, or any wild animal including any tamed or domesticated wild animal, in any residential zone or in any building or structure in any zone unless otherwise stated;
No use shall be permitted within the Township which from its nature or the materials used therein is declared to be a noxious trade, business or manufacture; and
Except as otherwise specifically permitted in this By-law, no land shall be used and no building or structure shall be erected, altered or used for any purpose that creates or is likely to become a nuisance or offensive, or both, to an adjacent property holder or to the general public.
4.30Recreational Vehicles
No recreational vehicle shall be used except in accordance with the following requirements and standards:
A recreational vehicle shall not be used as a dwelling unit or for permanent occupancy as a year-round residential dwelling;
A recreational vehicle shall be permitted within a campground;
One recreational vehicle only may be stored on a lot occupied by a seasonal dwelling or a permanent dwelling unit in the R1, MR, RR SR, R, A-1 and A-2 zones;
One recreational vehicle only may be used on a vacant lot of record in the RR, SR, R and A-2 Zones provided all of the zone standards for the respective zone are complied with (i.e., lot area and frontage, yard setbacks and shoreline setbacks);
One recreational vehicle only may be used on a vacant lot of record in the RR, SR, R and A-2 Zones for leisure or vacation purposes provided:
The lot is serviced with an approved sewage disposal system, and a potable water supply. Such sewage disposal system shall be in addition to any self-contained or on board holding tanks;
Decks, enclosures, roof-overs, extensions or additions to a RV shall not be permitted unless such structures or construction has been specifically designed or pre-engineered for the RV by a manufacturer or after-market manufacturer and are capable of being removed. No such structures shall be permitted which have the effect of rendering the RV as a permanent structure or a permanent residential dwelling on a lot or site;
One only accessory storage building or structure may be constructed on a lot occupied by a recreational vehicle. Accessory uses to a recreational vehicle shall not include a sleep cabin or a second RV on a lot;
All of the zone standards for the respective zone are complied with (i.e., lot area and frontage, yard setbacks and shoreline setbacks); and
A recreational vehicle shall not be permitted on a lake deemed to be at capacity.
The Municipality shall impose a license fee as permitted pursuant to the Municipal Act for the use of any recreational vehicle(s) on a vacant lot of record.
4.31Railway Crossing
Where any road or street crosses a railway at the same grade, no building or structure shall be erected closer to the point of intersection of the centre line of the railway and the roadway that 30 m [98.4 ft.] at signalized crossings and 45 m [147.6 ft.] at uncontrolled crossings.
4.32Sight Triangles
4.32.1Within any area defined as a sight triangle, the following uses shall be prohibited:
A building, structure, or use which would obstruct the vision of drivers of motor vehicles;
A fence, tree, hedge, bush or other vegetation, other than agricultural crops;
Any portion of delivery space, loading space, driveway or parking space'
A berm or other ground surface which exceeds the elevation of the street by more than 0.6 m [1.96 ft.].
4.32.2For the purposes of this By-law, the following sight distances shall apply:
Fifteen (15) m [49.2 ft.] in all commercial and industrial zones;
Ten (10) m [32.8 ft.] in all other zones
Notwithstanding the above, in any zone where any street crosses a railway at the same grade the railway shall be deemed to be a street and a sight distance of forty-five metres [45 m or 147.6 ft.] shall be required and measured from the point of intersection of the centre line of the railway right-of-way and the street line abutting the lot.
4.33Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the signs By-law(s) of the Corporation.
4.34Streets and Parks
In any zone established by this By-law, public streets, walkways, bike paths and parks are permitted.
4.35Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required.
In addition, temporary accommodation for a business or other use which is intended to occupy a building which is under construction with the work in progress on such building may be temporarily permitted on the same lot in the form of a mobile, relocatable, portable or transportable building provided:
(a)Approval is obtained pursuant to the matters contained herein; and
(b)Such temporary accommodation is removed from the lot immediately upon completion of construction, abandonment of construction or at such time as in the opinion of the Corporation it is no longer required.
4.36Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the erection or use of any utility installation for the purpose of public service by the Township of Johnson and/or any public authority, any department of the Government of Ontario or Canada, including any Hydro One facilities pursuant to the Planning Act, or publicly licensed authority provided that where such land, building or structure is located in a residential zone or on a lot adjacent to a Residential Zone: uses of land are permitted:
No goods, materials or equipment shall be stored in the open;
The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with except electric power facilities;
Parking and loading requirements as contained in this By-law shall be complied with.
A communications facility established by a public or private authority shall be permitted in any Rural (R) Zone or Agricultural (A) Zone, provided the construction standard complies with the applicable provincial and federal statutes and regulations.
4.37Water and Sewage Disposal Systems
No person shall hereafter erect and use in whole or in part any building or structure unless the building or structure is properly connected to an approved water supply and a sewage disposal system under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act.
4.38Wind Turbine and Renewable Energy Undertaking
A renewable energy undertaking as defined in the Green Energy Act, 2009 shall be governed in accordance with the provisions of that Act. The minimum setback for any wind turbine not governed by the Green Energy Act, 2009 shall be 10 m [32.8 ft.].
4.39Yard Requirements when Waterways are Involved
Where in this By-law a front, side or rear yard is required, and part of the area of the lot is usually covered by water or marsh, or is beyond the rim of a river bank or watercourse, or between the top and toe of a cliff or embankment having a slope of thirty degrees or more from the horizontal, then the required yard shall be measured from the nearest main wall of the main building or structure on the lot to the nearest edge of the said area covered by water or marsh, or to the rim of said river bank or to the top of said cliff or embankment in such area is closer than the lot line. in calculating the minimum lot area of a lot, lands within a flood plain, wetland or slope of 30 degrees or more shall be excluded from the calculation.
4.40Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the provisions of this By-Law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purposes of determining zone provisions.
Section 5 ZONES
5.1ZONE CLASSIFICATION
For the purposes of this By-law, the Township of Johnson is divided into the following zones as named and described in the following sections, the boundaries of which are shown on Schedule "A" which is attached and forms part of this By-law.
5.2ZONES
Zone Symbol
Residential Low Density...............................................................R1
Multiple Residential .................................................................MR
Rural Residential ..............................................................RR
Seasonal Residential.....................................................................SR
General Commercial......................................................................GC
Highway Commercial....................................................................HC
Recreational Commercial...............................................................RC
Rural Industrial ......................................................................GM
Mineral Extraction .........................................................MX
Waste Disposal ..........................................................MWD
Rural ......................................................................R
Agricultural A-1 ......................................................................A-1
Agricultural A-2 ......................................................................A-2
Open Space ......................................................................OS
Shore Environmental protection Area............................................SEP
5.3INTERPRETATION OF ZONE BOUNDARIES
5.3.1When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply:
A boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane;
A boundary indicated as following a watercourse, creek, stream or the right-of-way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream or right-of-way;
A boundary indicated as following the shoreline shall follow such shoreline, and in the event of a change in the shoreline, the boundary shall be construed as moving with the actual shoreline;
A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines;
Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (a), (b), and (c) above, and the distance from such street line or other feature is not indicated, and clause (d) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance therefrom shall be determined according to the scale shown on the appropriate Schedule;
A boundary indicated as following the limits of the Municipality shall follow such limits;
In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-of-way shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way; and
In the event a zone boundary, setback or dimension cannot be determined by any of the above means, a scale bar may be used to calculate the affected dimension.
5.4Residential Low Density - R1
No person shall use any land or erect, alter or use any building or structure in the Residential Low Density - R1 zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.4.1Permitted Uses
Main Use
Duplex
Semi-Detached Dwelling
Single Detached Dwelling
Accessory Uses
Bed & Breakfast Establishment
Home Occupation
Accessory Uses, Buildings and Structures to the foregoing permitted uses
5.4.2Zone Requirements
Residential Low Density - R1 Zone Requirements
Single Detached Dwelling
Semi detached or Duplex Dwelling
1 or more Private Services
Municipal Water & Sewer
1 or more Private Services
Municipal Water & Sewer
Minimum Lot Area per Dwelling Unit
0.4 ha [1 ac.]
464 m2 [4,994.6 ft.2]
0.3 ha [32,292 ft.2]
464 m2 [4,994.6 ft.2]
Minimum Lot Frontage
50 m [164 ft.]
15 m [49.2 ft.]
60 m [196.8 ft.]
15 m [49.2 ft.]
Minimum Yard Requirements
Front Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Rear Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Interior Side Yard
3 m [9.8 ft.]
3 m [9.8 ft.]
3 m [9.8 ft.]*
3 m [9.8 ft.]*
Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
11 m [36 ft.]
11 m [36 ft.]
11 m [36 ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
15%
35%
15%
35%
Maximum No. Dwellings per Lot
1
1
1
1
Minimum Net Floor Area per Dwelling
65 m2 [699.6 ft.2]
65 m2 [699.6 ft.2]
65 m2 [699.6 ft.2]
65 m2 [699.6 ft.2]
5.4.3Additional Provisions
*The minimum interior side yard shall not apply to the party wall of a semi-detached dwelling.
See also Section 4.30 Recreational Vehicles.
5.4.4Exception Zones
5.5Multiple Residential - MR
No person shall use any land or erect, alter or use any building or structure in the Multiple Residential - MR zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.5.1Permitted Uses
Main Use
Continuum-of-Care Facility
Converted Dwelling
Row Dwelling
Apartment Dwelling
Triplex Dwelling
Accessory Uses
Home Occupation
Accessory Uses, Buildings and Structures to the foregoing permitted uses
5.5.2Zone Requirements
Multiple Residential - MR Zone Requirements
1 or more Private Services
Municipal Water & Sewer
Minimum Lot Area per Dwelling Unit
0.2 ha [21,528.5 ft.2]
300 m2 [3,229 ft.2]
Minimum Lot Frontage
60 m [198.8 ft.]
20 m [65.6 ft.]
Minimum Yard Requirements
Front Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Rear Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Interior Side Yard
5 m [16.4 ft.]*
5 m [16.4 ft.]*
Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Building Height
Main Building
15 m [49.2 ft.]
15 m [49.2 ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
15%
35%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
3 m [9.84 ft.]
Minimum Net Floor Area per Dwelling
40 m2 [430 ft.2]
40 m2 [430 ft.2]
5.5.3Additional Provisions
*The minimum interior side yard shall not apply to the party wall of a semi-detached dwelling.
Not more than three (3) consecutive row dwelling units shall be constructed with their exterior outside walls in a straight line. Additional permitted dwelling units shall be set back or forward a distance of not less than 1 m [3.2 ft. From the alignment of the others in a row.
See also Section 4.30 Recreational Vehicles.
5.5.4Exception Zones
MR-X1: (By-law 2010-635)
Zone Provisions
That despite the provisions of section 5.5.2, the minimum interior side yard shall be 3.5 m [11.6 ft.].
That despite the provisions f section 4.25 (I) (i) and (ii), the front yard may be occupied and used for a driveway, parking aisle and a maximum of seven (7) parking spaces and four (4) barrier-free parking spaces.
5.6RURAL RESIDENTIAL - RR
No person shall use any land or erect, alter or use any building or structure in the Rural Residential - RR zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.6.1 Permitted Uses
Main Use
Seasonal Dwelling
Single Detached Dwelling
Duplex
Semi-Detached Dwelling
Accessory Uses
Bed & Breakfast Establishment
Home Occupation
Home Industry
Accessory Uses, Buildings and Structures to the foregoing permitted uses
5.6.2Zone Requirements
Rural Residential - RR Zone Requirements
Seasonal or Single Detached Dwelling
Duplex or Semi-Detached Dwelling
Minimum Lot Area per Dwelling Unit
1 ha [2.47 ac.]
1 ha [2.47 ac.]
Minimum Lot Frontage
50 m [164 ft.]
60 m [196.8 ft.]
Minimum Yard Requirements
Front Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Front Yard for Water Access Lots Only
30 m [98.4 ft.]
30 m [98.4 ft.]
Rear Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Rear Yard for Lots Abutting Water
15 m [49.2 ft.[
15 m [49.2 ft.]
Interior Side Yard
5 m [16.4 ft.]
5 m [16.4 ft.]
Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
11 m [36 ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
15%
15%
Maximum No. Dwellings per Lot
1
1
Minimum Separation Distance Between Main and Accessory Building
3 m [9.8 ft.]
3 m [9.8 ft.]
Minimum Net Floor Area per Dwelling - Single Detached Dwelling
65 m2 [699.6 ft.2]
65 m2 [699.6 ft.2]
Minimum Net Floor Area per Dwelling - Seasonal Dwelling
50 m2 [538.2 ft.2]
50 m2 [538.3 ft.2]
5.6.3Additional Provisions
One (1) guest is permitted as an accessory use to a seasonal dwelling unit provided the net floor area does not exceed 30 m2 [322.9 ft.2] and provided the cabin does not contain any cooking or sanitary facilities.
See also requirements in General Provisions for Frontage on a Public Road or Private Road and Flood Plain.
See also Section 4.30 Recreational Vehicles.
5.6.4Exception Zones
Notwithstanding the provisions of Section 4.17 (f) of this By-law, the lot frontage for Lots 7, 8, 9, 10, 11 and 12 of Plan No, 61, Desbarats Location shall be the existing frontage of said lots as of the date of passing of this By-law.
5.7SEASONAL RESIDENTIAL - SR
No person shall use any land or erect, alter or use any building or structure in the Seasonal Residential - SR zone except in accordance with the following provisions.
5.7.1 Permitted Uses
Main Use
Seasonal Dwelling
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
5.7.2Zone Requirements
Seasonal Residential - SR Zone Requirements
Seasonal or Single Detached Dwelling
Minimum Lot Area per Dwelling Unit
1 ha [2.47 ac.]
Minimum Lot Frontage
50 m [164 ft.]
Minimum Yard Requirements
Front Yard
7.5 m [24.6 ft.]
Front Yard for Water Access Lots Only
30 m [98.4 ft.]
Rear Yard
7.5 m [24.6 ft.]
Rear Yard for Lots Abutting Water
15 m [49.2 ft.[
Interior Side Yard
5 m [16.4 ft.]
Exterior Side Yard
7.5 m [24.6 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
Accessory Building
6 m [19.6 ft.]
Maximum Lot Coverage
15%
Maximum No. Dwellings per Lot
1
Minimum Separation Distance Between Main and Accessory Building
3 m [9.8 ft.]
Minimum Net Floor Area per Dwelling - Seasonal Dwelling
50 m2 [538.2 ft.2]
5.7.3 Additional Provisions
One (1) guest is permitted as an accessory use to a seasonal dwelling unit provided the net floor area does not exceed 30 m2 [322.9 ft.2] and provided the cabin does not contain any cooking or sanitary facilities.
See also requirements in General Provisions for Frontage on a Public Road or Private Road and Flood Plain.
See also Section 4.30 Recreational Vehicles.
5.7.4 Exception Zones
(a)SR-X1: On lands described as Parcel 3205, Algoma Center section, Township of Johnson known as Walker Island, up to three seasonal dwellings shall be permitted within the Seasonal Special exception (SR-X1) Zone.
5.8GENERAL COMMERCIAL - GC
No person shall use any land or erect, alter or use any building or structure in the General Commercial - GC zone except in accordance with the following provisions.
5.8.1 Permitted Uses
Main Use
Antique Store
Bakery
Bank
Clinic
Convenience Store
Day Nursery Licensed
Farmer's Market
Funeral Parlour
Government Office
Hotel
Library
Municipal Hall
Personal Service Establishment
Pet Shop
Private Club
Professional Office
Restaurant
Retail Store
School, Commercial
School, Private
Studio
Service Outlet
Tavern
Video Rental Outlet
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling
5.8.2Zone Requirements
General Commercial - GC Zone Requirements
Private Services
Municipal Water & Sewer
Minimum Lot Area
0.4 ha [1 ac.]
929 m2 [10,000 ft.2]
Minimum Lot Frontage
60 m [198.8 ft.]
30 m [98.4 ft.]
Minimum Yard Requirements
Front Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Rear Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Interior Side Yard
1.5 m [4.9 ft.]
1.5 m [4.9 ft.]
Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
11 m [36 ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
25%
40%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
3 m [9.84 ft.]
Minimum Net Floor Area per Accessory Dwelling
40 m2 [430 ft.2]
40 m2 [430 ft.2]
5.8.3 Exception Zones
(a)GC-X1: No parking space shall be required for a commercial operation. (By-law 93-244)
5.9HIGHWAY COMMERCIAL - HC
No person shall use any land or erect, alter or use any building or structure in the Highway Commercial - HC zone except in accordance with the following provisions.
5.9.1Permitted Uses
Main Use
Ambulance Facility
Antique Store
Auto Repair Garage
Auto Rental Establishment
Auto Service Station
Building Supply Store
Business or Professional office
Car Washing establishment
Communications Facility
Convenience Store
Equipment Rental Establishment - Domestic
Farmer's Market
Flea Market
Fruit or Vegetable Stand
Furniture and Home Supply Store
Garden Centre
Gasoline Bar
Gasoline Card-Lock Facility
Grocery Store
Hotel
Motel
Personal Service Establishment
Place of Amusement
Recreational Vehicle Sales and Storage
Recreational Commercial Establishment
Restaurant
Self-Storage Facility
Service Outlet
Tavern or Road House
Tourist Commercial Outfitters Establishment
Veterinary Establishment
Warehouse
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling
Bed & Breakfast Establishment
Retail Store Accessory to a Permitted Use
5.9.2Zone Requirements
Highway Commercial - HC Zone Requirements
Private Services
Minimum Lot Area
1 ha [2.47 ac.]
Minimum Lot Frontage
60 m [198.8 ft.]
Minimum Yard Requirements
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
6 m [19.6 ft.]
Exterior Side Yard
6 m [19.6 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
Accessory Building
8 m [26.2 ft.]
Maximum Lot Coverage
25%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Minimum Net Floor Area per Accessory Dwelling
40 m2 [430 ft.2]
5.9.3 Exception Zones
5.10RECREATIONAL COMMERCIAL - RC
No person shall use any land or erect, alter or use any building or structure in the Recreational Commercial - RC zone except in accordance with the following provisions.
5.10.1 Permitted Uses
Main Use
Campground
Forestry Use
Golf Course
Marina
Motor Sports Facilities
Outdoor Recreational Facilities
Recreational Commercial Establishment
Restaurant
Shooting Range of Rifle Club
Tourist Lodge
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling
Bed & Breakfast Establishment
Retail Store Accessory to a Permitted Use
5.10.2 Zone Requirements
Recreational Commercial - RC Zone Requirements
Private Services
Minimum Lot Area
2 ha [4.9 ac.]
Minimum Lot Frontage
60 m [198.8 ft.]
Minimum Yard Requirements
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
10 m [32.8 ft.]
Exterior Side Yard
10 m [32.8 ft.]
Maximum Building Height
Main Building
11 m [36 ft.]
Accessory Building
11 m [36 ft.]
Maximum Lot Coverage
10%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Minimum Net Floor Area per Accessory Dwelling
40 m2 [430 ft.2]
5.10.3 Additional Provisions
Notwithstanding the provisions for lot coverage, the maximum lot coverage for a marina shall be 20.
5.10.4 Exception Zones
5.11RESERVED
5.12RURAL INDUSTRIAL - GM
No person shall use any land or erect, alter or use any building or structure in the Rural Industrial - GM zone except in accordance with the following provisions.
5.12.1 Permitted Uses
Main Use
Abattoir
Agricultural-related Uses
Autobody Shop
Auto Repair Garage
Class I, II and III Industries
Communications Facility
Construction Yard or Contractor's Yard
Equipment Rental Establishment - Industrial
Equipment Sales Establishment - Industrial
Equipment Service and Repair Establishment - Industrial
Equipment Vehicle Storage Yard - Industrial
Fertilizer Plant
Fuel Depot
Gasoline Card Lock Facility
Livestock Sales Outlet
Lumber Yard
Manufacturing Industry
Printing and Publishing Establishment
Public Works Facility
Ready Mix Concrete Plant
Salvage Yard
Sawmill
Self- Storage Facility
Transportation Depot
Warehouse
Welding Shop
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling Unit
5.12.2 Zone Requirements
Rural Industrial - GM Zone Requirements
Private Services
Minimum Lot Area
1.2 ha [24.9 ac.]
Minimum Lot Frontage
60 m [198.8 ft.]
Minimum Yard Requirements
Front Yard
15 m [49.2 ft.]
Rear Yard
15 m [49.2 ft.]
Interior Side Yard
15 m [49.2 ft.]
Exterior Side Yard
15 m [49.2 ft.]
Maximum Building Height
Main Building
15 m [49.2 ft.]
Accessory Building
11 m [36 ft.]
Maximum Lot Coverage
50%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Minimum Net Floor Area per Accessory Dwelling
40 m2 [430 ft.2]
5.12.3 Additional Provisions
Notwithstanding the minimum lot area stated above, the minimum lot area for Salvage Yards shall be 10 ha [24.7 ac.].
The minimum yard for all yards shall be 30 m [98.4 ft.] for a Salvage Yard and shall be measured as the shortest horizontal distance from the lot line to the nearest side of a landscaped berm or fence. In addition, the minimum distance separation between the main wall of any adjacent dwelling and the nearest side of a landscaped berm or fence enclosing a salvage yard shall be 100 m [328 ft.].
Salvage Yards must be adequately screened and buffered on all sides from adjoining land uses. This shall be accomplished through the construction of either a landscaped berm or a solid opaque fence of a minimum height of 3 m [9.8 ft.] and a maximum of 6 m [20 ft.] in height in addition to the use of dense landscaping.
Not open storage in a Salvage Yard shall be visible above the fence or landscaped berm.
All industrial uses shall comply with the separation requirements of section 4.21 (d) of this by-law.
5.12.4 Exception Zones
5.13MINERAL EXTRACTION - MX
No person shall use any land or erect, alter or use any building or structure in the Mineral Extraction - MX zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.13.1Permitted Uses
Main Use
Extraction of consolidated or unconsolidated mineral resources from a licensed pit or quarry
Forestry uses but not including buildings or structures
Manufacturing of cement, concrete, pavement, brick or granular, or other similar materials including an asphalt or ready mix concrete plant
Agricultural uses but not including buildings or structures
Asphalt of Concrete Batch Plan
Portable asphalt/concrete plant
Wayside Pit
Wayside Quarry
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
5.13.2Zone Requirements
Mineral Extraction - MX Zone Requirements
Private Services
Minimum Lot Area
4 ha [9.8 ac.]
Minimum Lot Frontage
200 m [656.1 ft.]
Minimum Yard Requirements
Front Yard
15 m [49.2 ft.]
Rear Yard
15 m [49.2 ft.]
Interior Side Yard
15 m [49.2 ft.]
Exterior Side Yard
15 m [49.2 ft.]
Maximum Building Height
Main Building
15 m [49.2 ft.]
Accessory Building
11 m [36 ft.]
5.13.3Additional Provisions
The minimum setback from the excavation area to any lot line or a public or private road shall comply with the requirements of the Aggregate Resources Act.
No person shall excavate on a site so that the height of the excavation face at any point on the edge of the excavation becomes greater than twice the distance from -that point to the boundary (lot line) of the site.
Notwithstanding any of the above, no gravel pit or quarry shall be permitted to operate within 100 m [328 ft.] of any lot line which abuts an existing residential dwelling.
5.13.4 Exception Zones
5.14WASTE DISPOSAL - MWD
No person shall use any land or erect, alter or use any building or structure in the Waste Disposal MWD zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.14.1Permitted Uses
Main Use
Waste Management Facility
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
5.14.2Zone Requirements
Minimum Yard Requirements
All Yards30 m [98.4 ft.]
5.14.3Additional Provisions
(a)Certificate of Approval
No Waste Management Facility shall operate without and except in conformity with a currently valid Certificate of Approval issued by the Ministry of the Environment.
(b)Influence Area and Separation Distances
See also requirements of Section 4.21 (b) of this By-law for influence areas and separation distances for a waste management facility.
5.14.4Exception Zones
5.15RURAL - R
No person shall use any land or erect, alter or use any building or structure in the Rural - R zone except in accordance with the following provisions.
5.15.1Permitted Uses
Main Use
Single Detached Dwelling
Duplex
Semi-Detached Dwelling
Mobile Home
Airfield
Agricultural Use
Antique Store
Communications Facility
Commercial Greenhouse
Conservation Use
Farm Produce Outlet
Farmer's Market
Forestry use
Open Space
Outdoor Recreation Use
Place of Worship
Portable Asphalt/Concrete Plant
Public Stable and Equestrian Activities
Wayside Pit or Quarry
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling
Bed & Breakfast Establishment
Home Occupation
Home Industry
5.15.2 Zone Requirements
Rural - R Zone Requirements
Private Services
Minimum Lot Area
1 ha [2.47 ac.]
Minimum Lot Frontage
50 m [164 ft.]
Minimum Yard Requirements
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
10 m [32.8 ft.]
Exterior Side Yard
10 m [32.8 ft.]
Minimum setback from any Waterbody
30 m [98.4 ft.]
Maximum Building Height
Main Building
12.5 m [41ft.]
Accessory Building
6 m [19.6 ft.]
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Minimum Net Floor Area per Dwelling Unit or Mobile Home
65 m2 [699.6 ft.2]
Maximum No. Of Dwellings per Lot
1
5.15.3 Additional Provisions
All development in the Rural - R zone must be in accordance with the Minimum Separation Distance Formulae.
No part of any accessory building used for the purpose of a kennel rezoned for such use or public stable may be located closer than 300 m [984 ft.] to a residential unit on an adjacent lot.
See also Section 4.30 Recreational Vehicles.
5.15.4 Exception Zones
R-X1: Permitted Uses limited to a Place of Worship and a Cemetery. (By-law 2009-628)
R-X2: Permitted Uses limited to a Private School. (By-law 2009-627)
5.16AGRICULTURAL - A-1
No person shall use any land or erect, alter or use any building or structure in the Agricultural - A-1 zone except in accordance with the following provisions.
Permitted Uses
Main Use
Agricultural Use
Agricultural-related Uses
An Existing Single Detached Dwelling
Commercial Greenhouse
Communications Facility
Livestock Facility
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling
Bed & Breakfast Establishment
Farm Produce Outlet
Home Occupation
Home Industry
Secondary Use
5.16.2 Zone Requirements
Agricultural - A-1 Zone Requirements
Private Services
Minimum Lot Area
4 ha [9.8 ac.]
Minimum Lot Frontage
75 m [246 ft.]
Minimum Yard Requirements
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
5 m [16.4 ft.]
Exterior Side Yard
7 m [22.9 ft.]
Minimum setback from any Waterbody
30 m [98.4 ft.]
Maximum Building Height
Main Building
12.5 m [41ft.]
Accessory Building
6 m [19.6 ft.]
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Minimum Net Floor Area per Dwelling Unit
65 m2 [699.6 ft.2]
Maximum No. Of Dwellings per Lot
1
5.16.3 Additional Provisions
All development in the Agricultural A-1 zone must be in accordance with the Minimum Separation Distance Formulae.
See also Section 4.30 Recreational Vehicles.
5.17AGRICULTURAL - A-2
No person shall use any land or erect, alter or use any building or structure in the Agricultural - A-2 zone except in accordance with the following provisions.
5.17.1 Permitted Uses
Main Use
Agricultural Use in accordance with the Minimum Distance Formulae (as set out in Appendix 1)
Agricultural-related Uses
Mobile Home*
Single Detached Dwelling*
Commercial Greenhouse
Communications Facility
Conservation Use
Farm Produce Outlet
Forestry Use
Livestock Facility
Nursery
Portable Asphalt/Concrete Plant
Wayside Pit or Quarry
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
Accessory Dwelling Unit
Bed & Breakfast Establishment
Home Occupation
Home Industry
Secondary Use
5.17.2 Zone Requirements
Agricultural - A-2 Zone Requirements
Private Services
Minimum Lot Area
Residential Uses including Home Occupation and Home Industry
1 ha [2.47 ac.]
Non-Residential Uses
4 ha [9.8 ac.]
Minimum Lot Frontage
Residential Uses including Home Occupation and Home industry
60 m [196.8 ft.]
Non-Residential Uses
75 m [246 ft.]
Minimum Yard Requirements - Residential
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
3 m [9.8 ft.]
Exterior Side Yard
10 m [32.8 ft.]
Minimum Yard Requirements - Non-residential
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side yard
7m [22.9 ft.]
Exterior Side Yard
5 m [16.4 ft.]
Minimum setback from any Waterbody
30 m [98.4 ft.]
Maximum Building Height - Residential Uses
Main Building
11 m [36 ft.]
Accessory Building
8 m [26.2 ft.]
Maximum Building Height - Non-Residential Uses
Main Building
12.5 m [41 ft.]
Accessory Building
12.5 m [41 t.]
Maximum Lot Coverage - Residential
10%
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
Maximum No. Of Dwellings per Lot
1
5.17.3 Additional Provisions
All development in the Agricultural A-2 zone must be in accordance with the Minimum Separation Distance Formulae.
An accessory dwelling unit may consist of the addition of a second dwelling unit to an existing single detached dwelling or the creation of a second dwelling unit within an existing dwelling unit is permitted only on operating farms which have a minimum area of 10 ha [24.7 ac.].
Where a vacant lot is held under distinct and separate ownership according to the Land Titles or Land Registry Office on the date of passing of this By-law, this lot may be used for a purpose of one (1) single detached dwelling provided that such dwelling does not contravene the Minimum Distance Separation Formulae (as set out in Appendix 1) and that other applicable provisions of this By-law are met.
Notwithstanding Section 5.17.3 (b), a single detached dwelling or mobile home shall only be permitted on a lot created by severance.
See also Section 4.30 Recreational Vehicles.
5.18OPEN SPACE - OS
No person shall use any land or erect, alter or use any building or structure in the Open Space - OS zone except in accordance with the following provisions.
5.18.1 Permitted Uses
Main Use
Cemetery
Conservation Use
Community Centre
Farmer's Market
Forestry Use
Heritage or Historical Site
Place of Worship
Public Park
Recreational and Athletic Facilities such as an arena, baseball field, basketball or tennis courts or hiking trails
Tot Lots
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
5.18.2 Zone Requirements
Open Space - OS Zone Requirements
Private Services
Minimum Lot Area
No Minimum
Minimum Lot Frontage
No Minimum
Minimum Yard Requirements
Front Yard
10 m [32.8 ft.]
Rear Yard
10 m [32.8 ft.]
Interior Side Yard
10 m [32.8 ft.]
Exterior Side Yard
10 m [32.8 ft.]
Minimum setback from any Waterbody
30 m [98.4 ft.]
Maximum Building Height
Main Building
12.5 m [41ft.]
Accessory Building
6 m [19.6 ft.]
Minimum Separation Distance between Main and Accessory Building
3 m [9.84 ft.]
5.18.3 Additional Provisions
Open Space - Wetland (OSW)
Notwithstanding the list of permitted uses above, only a conservation use is permitted in an Open Space Wetland (OSW) Zone and provided that no buildings or structures shall be constructed.
5.19SHORE ENVIRONMENTAL PROTECTION AREA - SEP
No person shall use any land or erect, alter or use any building or structure in the Shore Environmental Protection Area - SEP zone except in accordance with the following provisions.
5.19.1 Permitted Uses
Main Use
Conservation Use
Existing Single detached Dwelling
Existing Seasonal Dwelling
Accessory Use
Accessory Uses, Buildings and Structures to the Foregoing Permitted Uses
5.19.2 Zone Requirements
Lot area, frontage and yard requirements shall be those existing on the date of the passing of this By-law
5.19.3 Additional Provisions
Notwithstanding the above, expansions or extensions as may otherwise be permitted pursuant to the Planning Act shall not permit development wherein any structure or building is located closer the high water mark than 15 m [49.2 ft.]
APPENDIX 1
MINIMUM DISTANCE SEPARATION
* Refer to document for compliance requirements: Ministry of Agriculture, Food and Rural Affairs. (2006). Minimum Distance Separation (MDS) Formulae, Implementation Guidelines. Toronto: Queen's Printer for Ontario.* Refer to document for compliance requirements: Ministry of Agriculture, Food and Rural Affairs. (2006). Minimum Distance Separation (MDS) Formulae, Implementation Guidelines. Toronto: Queen's Printer for Ontario.
* Refer to document for compliance requirements: Ministry of Agriculture, Food and Rural Affairs. (2006). Minimum Distance Separation (MDS) Formulae, Implementation Guidelines. Toronto: Queen's Printer for Ontario.
* Refer to document for compliance requirements: Ministry of Agriculture, Food and Rural Affairs. (2006). Minimum Distance Separation (MDS) Formulae, Implementation Guidelines. Toronto: Queen's Printer for Ontario.
SCHEDULE A