This is the exact embedded text of the captured official document.
Snapshot 2b0af4316c86 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Kingsville
Comprehensive Zoning
By-law 1-2014, As Amended
Approved by Council - April 28, 2014
Consolidated as of January 11, 2016
As Amended - February 8, 2016
Consolidated as of January 4, 2019
Consolidated as of April 6, 2020
Consolidated as of March 6, 2023
2
Comprehensive Zoning By-law 1-2014
March 2023
PREAMBLE
This Preamble section of the Comprehensive Zoning By-law (CZBL) is not part of the CZBL
but has been included to assist you in using the document. The following information is a
'guide' to using the document as well as the supporting mapping known as Schedule A.
Should you need assistance, do not hesitate to contact the Town of Kingsville Planning and
Development Services Department (Building and Planning). The Planning and Development
Services Department is available to assist in providing the most up to date regulations, zoning
provisions and mapping.
I)
OFFICIAL PLAN
The Official Plan is a policy document that provides Council and Administration
direction on how land should be used within the Corporation of the Town of Kingsville
(the Corporation). These policies also provide direction on where new development
should be located, how new development should be processed, and what studies and
information are required for new development.
II)
PURPOSE OF THE COMPREHENSIVE ZONING BY-LAW
Once the Official Plan policies are in place for a municipality, it is very important to
have rules and regulations in place for the use of all the lands in the Corporation. Once
the Official Plan policies are set, the Comprehensive Zoning By-law must fit and give
the same direction provided by the policies of the Official Plan.
In 2012, Council approved an Official Plan that merged together policies of the Official
Plans of the former Gosfield North, Gosfield South and the Town of Kingsville into one
new Official Plan for the amalgamated Corporation. The Comprehensive Zoning By-
law must co-ordinate with the new Official Plan and fit (conform) to the new policies of
the Official Plan.
The new Comprehensive Zoning By-law must be consistent with policies of the
Provincial Policy Statement (PPS). The PPS recognizes that the wise management of
development may involve directing, promoting or sustaining growth. Land use must be
carefully managed to accommodate appropriate development to meet the full range of
current and future needs, while achieving efficient development patterns. eg. Policies
such as the protection of natural features such as rivers and river banks become
regulations (laws) found in the new CZBL under the regulations of the Natural
Environment (NE) Zone.
Section 34 of The Planning Act specifies that a CZBL:
1.
Prohibit the use of land or buildings for any use that is not specifically permitted
by the By-law;
2.
Prohibit the erection or siting of buildings and structures on a lot except in
locations permitted by the By-law;
3.
Regulate the type of construction and the height, bulk, location, size, floor area,
spacing, and use of buildings or structures;
3
Comprehensive Zoning By-law 1-2014
March 2023
4.
Regulate the minimum frontage and depth of a parcel of land;
5.
Regulate the proportion of a lot that any building or structure may occupy;
6.
Regulate the minimum elevation of doors, windows or other openings in buildings
or structures;
7.
Require parking and loading facilities be provided and maintained for a purpose
permitted by the By-law; and,
8.
Prohibit the use of lands and the erection of buildings or structures on land that is:
Subject to flooding;
The site of steep slopes;
Rocky, low-lying, marshy or unstable;
Contaminated;
A sensitive groundwater recharge area or head water area;
The location of a sensitive aquifer;
A significant wildlife habitat area, wetland, woodland, ravine, valley or area of
natural and scientific interest;
A significant corridor or shoreline of a lake, river or stream;
A significant natural corridor, feature or area; or, the site of a significant
archaeological resource.
III)
HOW TO USE THIS CZBL
1.
Locate your property on the Maps
In a Zoning By-law, there are maps called 'Schedules'. The first step to using this
By-law is to refer to the Zone schedules that are contained at the back of the By-
law to determine which of the Zone category or categories apply to your property.
The Zone category will be indicated on the schedules by a symbol or
abbreviation. For example, you may see a symbol such as "R1.1" that is shown
on your property. This would indicate that your property is within the 'Residential
(R1) Zone'.
2.
What are the Permitted Uses?
The next step to using this By-law is to determine what uses are permitted on
your property. Sections 6.0, through 11.0 of the By-law identify the permitted
uses for each Zone in the Corporation. The definitions in Section 3.0 (Definitions)
can assist you if you are not sure of the nature of a use or how it has been
defined for the purposes of this By-law. Words that are defined in Section 3.0 are
italicized throughout the By-law. If a word is not italicized, it is not specifically
defined. Uses that are not identified as permitted uses within a particular Zone
are not permitted in that specific Zone.
3.
Regulations (Rules):
The next step is to determine what regulations (rules) may apply to the uses
allowed on your property. Sections 6.0 through 11.0 of the By-law identify the
standards for each Zone including minimum lot area, minimum frontage,
minimum yards, maximum lot coverage for buildings, and the maximum permitted
height of buildings.
Now that you are aware of the uses permitted on your property (2. above) and
4
Comprehensive Zoning By-law 1-2014
March 2023
the specific Zone Standards that apply to those uses, reference should be made
to Section 4.0 (General Provisions) of this By-law. Section 4.0 contains a more
generic set of standards known as 'General Provisions' that apply to all
properties in all Zones throughout the Corporation. For example, the general
provisions contain standards that regulate the construction of accessory
structures, height exceptions and non-conforming/non-complying uses that apply
to all properties regardless of where in the Corporation a property is located.
Section 5.0 (Parking and Loading) provides the parking and loading requirements
for all permitted uses in the Corporation. If you are considering changing the use
of your property or adding a new use to your property, you should review Section
5.0 to ensure that you are aware of the parking requirements for the proposed
use.
4.
Exceptions, Site-specific by-laws, Holding Zones:
The Zone symbols or abbreviations are identified on the first page of Section 2.9
(Establishment of Zones) of the By-law. Site specific by-laws relating to a
property are typically shown using a dash in the number shown on the property:
'Residential One (R1.1 - 6)'. This means that there are special rules that apply to
this property. Refer to the main zone and then the subsection part that has a list
of all the site-specific Zone provisions.
A Holding (h) zone applied to the zone places a freeze or hold on new
development for the property. Council has approved the development in principle
but there are outstanding issues that the development cannot proceed right
away: typically a hold is put on lands that have been approved for a plan of
subdivision and the hold is removed when all the servicing is available and the
subdivision agreement with the Town is final.
IV)
HOW TO CHANGE THE REGULATIONS (RULES) FOR YOUR PROPERTY
A Comprehensive Zoning By-law is not a static document; it will change (be amended)
over time as demands and when the policies governing land use change. Sometimes
these changes to the rules are requested by the Province, the County of Essex, Council,
and Town Administration or by the property owner.
By-laws are commonly amended to change the zone to provide for a specific use or to
prohibit a certain use. In some cases, special provisions are applied to a property or a
series of properties that vary the zone provisions for that property. This type of
modification is called an exception and exceptions to the by-law are contained at the
end of each Section (eg: Section 6.1.1-9 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 9
(R1.1-9)').
5
Comprehensive Zoning By-law 1-2014
March 2023
TABLE OF CONTENTS
Section 1
By-law Administration
PG. 10
1.1
Title .................................................................................................. 10
1.2
Application ........................................................................................ 10
1.3
Scope ............................................................................................... 10
1.4
Replacement of Previous By-laws .................................................... 10
1.5
Application of Other By-laws............................................................. 10
1.6
Validity and Severability .................................................................... 11
1.7
Effective Date of By-law ................................................................... 11
Section 2
General Administration
PG. 12
2.1
Administration ................................................................................... 12
2.2
Buildings To Be Moved ..................................................................... 12
2.3
Building Permits ............................................................................... 12
2.4
Change of Use ................................................................................. 12
2.5
Change of Lot area, Lot frontage and Open Space .......................... 12
2.6
Conveyance or Alteration by a Public Authority ................................. 13
2.7
Dual Zones ....................................................................................... 13
2.8
Establishment of Zones .................................................................... 13
Table 1 - Zone Symbols and Zone Categories ........................................... 14
2.9
General Meanings ............................................................................ 15
2.10 Holding (h) Zone Provisions ............................................................. 15
2.11 Inspection of Premise ....................................................................... 15
2.12 Injunction .......................................................................................... 16
2.13 License and Permits ......................................................................... 16
2.14 Metric ............................................................................................... 16
2.15 Permitted Uses ................................................................................. 16
2.16 Special Use Regulations (Exceptions) .............................................. 16
2.17 Violations and Penalties .................................................................... 17
2.18 Zoning Maps and Zone Boundaries .................................................. 17
Section 3
Definitions
PG. 19
Section 4
General Provisions
PG. 65
4.1
Application of General Provisions ..................................................... 65
4.2
Accessory Buildings and Structures ................................................. 65
4.3
Accessory Dwelling unit in a Commercial/Industrial Zone ................ 66
4.4
Accessory use .................................................................................. 67
4.5
Bed and Breakfast ............................................................................ 67
4.5.1 Boarding, Lodging and Rooming Houses.................................. 68
4.6
Boat Docks and Boat houses ........................................................... 68
4.7
Commercial Patio ............................................................................. 68
4.8
Conversion of Seasonal Dwellings for Permanent Occupancy ......... 69
6
Comprehensive Zoning By-law 1-2014
March 2023
4.9
Decks (unenclosed and uncovered) ................................................. 69
4.10 Enclosed storage .............................................................................. 70
4.11 Established Building Line ................................................................. 70
4.12 Exceptions to Maximum Height Regulations .................................... 71
4.13 Existing Lot ....................................................................................... 71
4.14 Farm Produce Outlet ........................................................................ 72
4.15 Floodplain Development Control Area .............................................. 73
4.16 Greenhouse Facilities ....................................................................... 73
4.17 Hazardous and Prohibited Uses ....................................................... 74
4.18 Home occupation.............................................................................. 74
4.19 Home industry .................................................................................. 75
4.20 Lake Erie Setback/Frontage-Non Residential
Buildings & Structures ...................................................................... 76
4.21 Lake Erie Setback/Frontage- Residential Buildings & Structures ..... 76
4.22 Minimum Distance Setback (MDS) Provisions ................................. 77
4.23 Municipal Drain and Watercourse Setbacks ..................................... 77
4.24 Non-Complying Lots, Buildings and Structures ................................. 78
4.25 Non-Conforming Uses ...................................................................... 80
4.26 Openings for Doors in Wall Facing Interior Side Yard ...................... 81
4.27 Outdoor Furnaces ............................................................................ 81
4.28 Outdoor Storage ............................................................................... 82
4.29 Permitted Encroachments Into a Required Yard .............................. 82
4.30 Planting strip Requirements ............................................................... 84
4.31 Ponds and Water Facilities ............................................................... 84
4.32 Porch (covered, unenclosed) ............................................................ 84
4.33 Prohibited Uses................................................................................. 85
4.34 Public Utilities .................................................................................... 86
4.35 Public uses ....................................................................................... 87
4.35.1 Additional Dwelling Units................................................................... 88
4.36 Sewage and Water Services ............................................................ 89
4.37 Solar Panels and their Supporting Structures ................................... 89
4.38 Steps ................................................................................................ 89
4.39 Storm Water Management Pond ...................................................... 89
4.40 Sunroom ........................................................................................... 89
4.41 Temporary Buildings and Structures ................................................ 89
4.42 Temporary Construction and Sales Offices ...................................... 90
4.43 Wetland Overlay ............................................................................... 90
4.44 Water lots ......................................................................................... 90
4.45 Winery .............................................................................................. 90
4.46 Medical Marihuana Production Facilities .......................................... 91
Section 5
Parking and Municipal Services Requirements
PG. 92
5.1
Application ........................................................................................ 92
5.2
Barrier Free Parking space ............................................................... 92
5.3
Bicycle parking spaces ..................................................................... 92
7
Comprehensive Zoning By-law 1-2014
March 2023
5.4
Cash-in-lieu of Parking ..................................................................... 93
5.5
Drive-through and Stacking Regulations .......................................... 93
5.6
Driving Aisle Provision ...................................................................... 93
5.7
Entrance Width Provisions ............................................................... 93
5.8
Easements - Additional Requirements ............................................. 94
5.9
Entrance Location Provisions ........................................................... 94
5.10 Location of Parking spaces .............................................................. 94
5.11 Lots on a Private Laneway ............................................................... 95
5.12 Parking lot Construction Requirements............................................. 95
5.13 Parking of Commercial vehicles or Buses ........................................ 95
5.14 Parking spaces ................................................................................. 96
5.15 Parking of Travel trailers, Recreation Vehicles and Campers ........... 97
5.16 Loading space Requirements ........................................................... 98
5.17 Parking Requirements ............................................................... 98-103
5.18 Sight triangle .................................................................................. 103
5.19 Street, Lane or Right-of-way ........................................................... 104
5.20 Surface Treatment .......................................................................... 104
5.21 Use of Travel trailers, Recreational Vehicles and Campers ............ 105
LAND USE ZONES
Section 6
Residential Zone Provisions
PG. 107
6.1.1 Residential Zone 1 Urban (R1.1) .................................................... 107
6.1.2 Residential Zone 1 Rural/Urban (R1.2) .......................................... 121
6.2.1 Residential Zone 2 Urban (R2.1) .................................................... 123
6.2.2 Residential Zone 2 Rural/Urban (R2.2) .......................................... 139
6.3.1 Residential Zone 3 Urban (R3.1) .................................................... 146
6.3.2 Residential Zone 3 Rural/Urban (R3.2) .......................................... 159
6.4.1 Residential Zone 4 Urban (R4.1) .................................................... 162
6.4.2 Residential Zone 4 Rural/Urban (R4.2) .......................................... 166
6.5
Established Residential (ER) .......................................................... 169
6.6
Rural Residential (RR) .................................................................... 171
6.7
Lakeshore Residential (LR) ............................................................ 178
Section 7
Agriculture Zone Provisions
PG. 200
7.1
Agriculture (A1)............................................................................... 200
7.2
Agriculture - Restricted (A2) ............................................................ 240
Section 8
Commercial Zone Provisions
PG. 243
8.1
Neighbourhood Commercial (C1) ................................................... 243
8.2
Central Commercial (C2) ................................................................ 247
8.3
Transitional Commercial (C3) ......................................................... 250
8.4
General Commercial (C4) ............................................................... 253
8.5
Waterfront Mixed Use Commercial (C5) ......................................... 260
8
Comprehensive Zoning By-law 1-2014
March 2023
8.6
Rural Commercial (C6) ................................................................... 264
Section 9
Industrial Zone Provisions
PG. 272
9.1
Light Industrial (M1) ........................................................................ 272
9.2
General Industrial (M2) ................................................................... 279
9.3
Heavy Industrial (M3) ...................................................................... 281
9.4
Extractive Industrial (M4) ................................................................ 284
Section 10 Green Zone Provisions
PG. 286
10.1 Parkland (PG) ................................................................................. 286
10.2 Recreational (RG)........................................................................... 288
10.3 Cemeteries (CG) ............................................................................ 290
10.4 Public Utilities/Facilities (MG) ......................................................... 292
10.5 Campground Trailer park (TG) ....................................................... 293
10.6 Education (EG) ............................................................................... 294
Section 11 Environment Provisions
PG. 296
11.1 Natural Environment (NE) ............................................................... 296
11.2 Wetlands (WE) ............................................................................... 297
9
Comprehensive Zoning By-law 1-2014
March 2023
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW NUMBER 1-2014
A By-law to regulate the use of land and the character, location and use of buildings
and structures in the Corporation of the Town of Kingsville.
WHEREAS it is desirable to regulate and control development and the use of land, as well as
to prohibit the use of land and the erection and use of buildings or structures except for certain
purposes and to regulate the type of Construction and the height, bulk, location, size, floor
area, character and use of buildings in the Corporation of the Town of Kingsville in accordance
with provisions of Section 34 of The Planning Act, R.S.O. 1990, c.P. 13 as amended;
AND WHEREAS there is an Official Plan in effect in the Corporation of the Town of Kingsville
and this By-law is deemed to be in conformity with the Corporation of the Town of Kingsville
Official Plan;
AND WHEREAS authority is granted to the Council of The Corporation of the Town of
Kingsville under Section 34 of The Planning Act, R.S.O., 1990, c.P.13 as amended, to pass
this Comprehensive Zoning By-law;
NOW THEREFORE the Council of The Corporation of the Town of Kingsville hereby repeals
By-law 1988-15 in the former Township of Gosfield North; By-law 59-1998 in the former
Township of Gosfield South; and By-law 6-1987 in the former Town of Kingsville, and all
amendments thereto, and enacts as follows:
10
Comprehensive Zoning By-law 1-2014
March 2023
Section 1 By-law Administration
1.1
Title
This by-law may be cited as "The Town of Kingsville Comprehensive Zoning By-law"
or "The Zoning By-law" or "The CZBL".
1.2
Application
The provisions of this By-law shall apply to all lands, buildings and structures in all
zones in this by-law and within the boundaries of the Corporation of The Town of
Kingsville unless otherwise specifically provided for in this by-law.
1.3
Scope
No person shall, within the boundaries of The Corporation of the Town of Kingsville use
any land or erect, build, Construct, reconstruct, locate, relocate, excavate, alter, add
to, enlarge, extend or use any building or structure except for such purposes or uses
as are set out in this by-law in conformity with this by-law for the zone or defined area
in which such land, building, structure or use is located.
1.4
Replacement of Previous By-laws
The following By-laws and all amendments thereto are hereby repealed and replaced
by this Comprehensive Zoning By-law:
By-law 59-1998 being the Comprehensive Zoning By-law for the former Township of
Gosfield South;
By-law 1988-15 being the Comprehensive Zoning By-law for the former Township of
Gosfield North;
By-law 6-1987 being the Comprehensive Zoning By-law for the former Town of
Kingsville.
1.5
Application of Other By-laws
Nothing in this By-law shall serve to relieve any person from the obligation to comply
with the requirements of the Ontario Building Code or any other By-law of the
Corporation in force from time to time or the obligation to obtain any license, permit,
authority or approval required under any By-law or by the Corporation or by any other
by-law or regulation of any upper tier Corporation or local board or provincial or federal
statute or regulation the County, Province of Ontario or Government of Canada.
11
Comprehensive Zoning By-law 1-2014
March 2023
Nothing in the By-law shall prevent the erection or use of any building or structure
prohibited by the By-law, the plans of which have, prior to the day of the passing of this
By-law, been approved by the Chief Building Official, so long as the building or
structure when erected is used and continues to be used for the purpose for which it
was approved and provided the building permit has not been revoked under the
Building Code Act.
1.6
Validity and Severability
Should any section, clause or provision of this By-law, including any part of the zones
as shown on Schedule "A", be held by a court of competent jurisdiction to be invalid,
the validity of the remainder of the By-law shall not be affected.
1.7
Effective Date of By-law
This By-law shall come into force on the date of passage by the Council of The
Corporation of the Town of Kingsville.
12
Comprehensive Zoning By-law 1-2014
March 2023
Section 2 General Administration
2.1
Administration
This By-law shall be administered by the Manager of Development Services or any
other person designated by Council and this By-law shall be enforced by the Manager
of Development Services, Chief Building Official, Planner, By-law Enforcement
Officers or any other person as Council designates.
a) In the development of this by-law, every effort is made to ensure clarity and
accuracy. This By-law is a complex and detailed document, and inadvertent
inconsistencies and errors may have occurred in its development. Notwithstanding
any other provisions of this By-law, corrections to technical errors (as Defined under
Section 3 of this by-law) may be made to this By-law without formal amendment
under the Planning Act and will not require public notification.
2.2
Buildings To Be Moved
No building shall be moved within the limits of the Corporation or shall be moved into
the Corporation from outside, without a permit from the Chief Building Official or such
other person as the Council designates. The applicant shall be responsible for
providing all other required notifications and obtaining all other required approvals.
2.3
Building Permits
In addition to fulfilling the requirements of any by-law enacted pursuant to Section 34
of The Planning Act no person shall erect, occupy, alter or enlarge any building or
structure until a building permit, pursuant to the regulations of the Ontario Building
Code, has been applied for and received from the Chief Building Official.
2.4
Change of Use
No person shall change the existing use of any lands, building or structure to a different
type or class of use without first determining through the Planning and Development
Services that the intended use is in accordance with the provisions of this By-law or by
obtaining a change of use permit.
2.5
Change of Lot Area, Lot frontage and Open Space
No person, except a public authority by either engaging in the implementation of a
public work, or by requiring a dedication of land for public purposes, shall reduce in
area or frontage any lot already built upon, either by conveyance or alteration of any
portion thereof or otherwise, so that the lot coverage of the building exceeds the
maximum permitted by this By-law, or so that the area or frontage of the lot will be less
than the minimum permitted by this By-law for the zone in which such lot is located.
13
Comprehensive Zoning By-law 1-2014
March 2023
2.6
Conveyance or alteration by a Public Authority
Notwithstanding any other section of this By-law in conflict herewith, where a use,
building or structure was legally established on a lot and such lot was subsequently
altered, as a result of a project of a public authority (such as a road construction project)
or by expropriation of municipal, provincial, or federal acquisition thereby causing the
use, building or structure to contravene any regulations of this By-law, the said use,
building or structure shall be deemed to conform with this By-law and may be enlarged,
extended, reconstructed, repaired or renovated provided that any regulations, which
are not met, are not further contravened and that all other applicable regulations are
complied with.
2.7
Dual Zones
Where a lot is divided into more than one Zone, each portion of the lot shall be used in
accordance with the provisions of this By-law for the applicable zone.
2.8
Establishment of Zones
The maps and map parts hereto attached as Schedule "A" and forming part of this by-
law shall be referred to as the zoning maps for The Corporation of the Town of
Kingsville. The zoning maps shall be divided into the following zones and such zones
are indicated on the zoning maps by zone symbols consisting of letters and numbers,
as the case may be, as listed in Table 1 below.
In this by-law, wherever reference is made to a zone, as shown in Column I, it may
also be interchangeably identified by a zone symbol as exemplified in Column II:
Column I
Column II
Zone Symbol
Zone Category
(A1)
Agriculture
14
Comprehensive Zoning By-law 1-2014
March 2023
TABLE 1: ZONE SYMBOLS AND ZONE CATEGORIES
ZONE SYMBOL
ZONE CATEGORY
RESIDENTIAL
R1.1
Residential Zone 1 Kingsville
R1.2
Residential Zone 1 Ruthven/Cottam
R2.1
Residential Zone 2 Kingsville
R2.2
Residential Zone 2 Ruthven/Cottam
R3.1
Residential Zone 3 Kingsville
R3.2
Residential Zone 3 Ruthven/Cottam
R4.1
Residential Zone 4 Kingsville
R4.2
Residential Zone 4 Ruthven/Cottam
ER
Established Residential
RR
Rural Residential
LR
Lakeshore Residential
AGRICULTURE
A1
Agriculture
A2
Agriculture - Restricted
COMMERCIAL
C1
Neighbourhood Commercial
C2
Central Commercial
C3
Transitional Commercial
C4
General Commercial
C5
Waterfront Mixed Use Neighbourhood
C6
Rural Commercial
INDUSTRIAL
M1
Light Industrial
M2
Medium Industrial
M3
Heavy Industrial
M4
Extractive Industrial
GREEN ZONES
PG
Parkland
RG
Recreational
CG
Cemeteries
MG
Public Utilities and Facilities
TG
Campground/Trailer parks
EG
Education
ENVIRONMENTAL ZONES
NE
Natural Environment
WE
Wetland
15
Comprehensive Zoning By-law 1-2014
March 2023
2.9
General Meanings
a) Meaning of Shall: In this By-law, the word "shall" is always construed as mandatory.
b) Number: In this By-law, words importing the singular number shall include more
persons, parties, or things of the same kind than one, unless a contrary intention
appears.
2.10 Holding (h) Zone Provisions
a) Where the holding (h) symbol is shown on a zoning map, no use, building or other
structure shall be permitted except:
i) any use, building or other structure erected, operated or maintained by The
Corporation of the Town of Kingsville, a public authority or a public utility;
ii) an existing use, building or structure, provided such use, building or structure is
permitted by the applicable zone to which the (h) symbol applies;
iii) additions or alterations to such existing buildings or structures and the erection
of accessory buildings, all in accordance with the regulations of the applicable
zone in which the lot is located and all other applicable regulations of this By-
law.
b) Where the holding (h) symbol is shown on a property on Schedule "A" to this By-
law, the (h) symbol may be removed when the following conditions have been
satisfied:
i) the property is on a registered plan of subdivision or condominium, part lot
control exemption by-law or subject to an approved consent to sever by the
Committee of Adjustment;
ii) where, as required by the Official Plan, a site plan agreement has been
registered or a remediation/mitigation plan has been established;
iii) full municipal services (a paved road, a municipal sanitary sewer and an
approved storm water outlet) are available or an executed agreement to provide
full municipal services satisfactory to The Corporation of the Town of Kingsville
and/or approval authority having jurisdiction is in effect;
iv) where applicable, a site plan control agreement and/or such other mandated
agreement is authorized.
2.11 Inspection of Premises
The Manager of Planning & Development Services, Chief Building Official, Planner,
By-law Enforcement Officers or any other employee of The Corporation acting under
their direction may, at any reasonable hour, enter and inspect a property or premises
where there is reason to believe that any land has been used or any building or
structure has been erected, structurally altered or enlarged, or used, in violation of any
of the provisions of this By-law.
16
Comprehensive Zoning By-law 1-2014
March 2023
2.12 Injunction
In case the whole or any part of any building or structure is or is proposed to be used,
erected, structurally altered, enlarged or extended or the whole or any part of any lot
is or is proposed to be used, in contravention of this By-law, such contravention may
be restrained by action of the Corporation or of any ratepayer pursuant to the
applicable law in force at the time of such contravention.
2.13 License and Permits
No license or permit shall be issued where the said license or permit is required for a
proposed use of land or a proposed erection, enlargement or use of any building or
structure that is in violation of any of the provisions of this By-law.
2.14 Metric
All measurements within this By-law are based on the metric system. All conversions
are approximate and are to be used as a guide only.
2.15 Permitted Uses
Any use not specifically permitted by this By-law within a zone shall not be permitted
in The Corporation of the Town of Kingsville. A use which is defined, but not specifically
permitted by this By-law within a defined zone or by a zone exception shall not be
permitted.
2.16 Special Use Regulations (Exceptions)
To each defined area within any zone, there shall apply such special use regulations
as may be established by this By-law with respect to such defined area and in addition
to such special regulations, all provisions of this By-law, including the general
regulations applicable to the zone within which the defined area is located shall apply
to the defined area; provided that, unless a contrary intention appears from the special
use regulations:
a) If the special use regulations are different from the corresponding regulations of
this By-law, including the general regulations applicable to the zone within which
the defined area is located, the special regulations shall supersede and prevail over
such corresponding regulations of this By-law.
b) If the special use regulations establish one or more specifically permitted uses for
the defined area, such permitted use or uses shall be the only purpose or purposes
for which the defined area may be used, unless otherwise specified.
c) If the special use regulations specifically permit one or more uses in addition to
those otherwise permitted in the zone within which the defined area is located, any
and all of the other special use regulations applicable to the defined areas shall
apply only to the additional permitted use or uses, and not to uses otherwise
permitted in the zone, unless otherwise specified.
17
Comprehensive Zoning By-law 1-2014
March 2023
2.17 Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable
to a fine not to exceed the maximum amount stipulated in the Planning Act, c.P. 13,
R.S.O. 1990, as amended, exclusive of costs, for each offence, and every such penalty
shall be recoverable under the Provincial Offences Act, R.S.O. 1990, as amended.
2.18 Zoning Maps and Zone Boundaries
The extent and boundaries of the zone are shown on zone maps, identified as
Schedule "A", of this by-law, which together with all notations, references and other
information shown thereon form part of this by-law;
In determining the location of the boundaries of the zones, as shown on the zone maps,
the following provisions apply:
a) Where a zone boundary is indicated as following a highway or street, such
boundary is deemed to follow the centerline of said highway or street;
b) Where a zone boundary is indicated as following a railway right-of-way, such
boundary is deemed to follow the centerline of the said railway right-of-way, unless
otherwise specifically indicated on the zone map;
c) Where a zone boundary is without dimensions and is shown as approximately
following a lot line, the said lot line is deemed to` be the boundary of the zone for
that portion of the zone boundary which follows the lot line;
d) Where a zone boundary is without dimensions and does not follow the boundary of
a lot, its location is determined by use of the scale indicated on the zone map;
e) Where zone boundaries or defined area boundaries are indicated as approximately
following lot lines shown on a registered plan of subdivision, such lot lines shall be
deemed to be the said boundary;
f) Where zone boundaries or defined area boundaries are indicated as approximately
parallel to the street line and the distance from such street line is not indicated,
such zone boundaries or defined area boundaries shall be construed as being
parallel to such street line and the distance therefrom shall be determined by the
use of the scale shown on the zoning maps.
g) Where a street, private road, electrical transmission line right-of-way, open
municipal drain or watercourse is shown on the zoning maps, it is included within
the zone or defined area of the adjoining property on either side thereof, and where
such street, private road, electrical transmission line right-of-way, open municipal
drain or watercourse serves as a boundary between two or more different zones,
defined areas or both, a line midway in such street, private road, electrical
transmission line right-of-way, open municipal drain or watercourse and extending
in the general longitudinal direction thereof is considered the boundary between
zones, defined areas, or both, unless specifically indicated otherwise.
18
Comprehensive Zoning By-law 1-2014
March 2023
h) Where a dedicated street or right-of-way shown on the zoning map is closed, the
property formerly in the said street or right-of-way shall be included within the zone
or defined area of the adjoining property on either side of the said closed street or
right-of-way and the zone boundary or defined area boundary shall be the former
street centre line of said closed street or right-of-way.
i) Where a zone or defined area boundary is indicated as following the edge of an
open municipal drain or watercourse, the boundary shall follow the top of bank of
such open municipal drain or watercourse and, in the event that the top of bank of
such open municipal drain or watercourse changes, the boundary shall be taken as
having moved with the top of bank.
j) Where a zone or defined area boundary is indicated as following the shoreline of
Lake Erie, the boundary shall follow the water's edge and, in the event that the
water's edge changes, the boundary shall be taken as having moved with the said
water's edge.
k) Where a defined area boundary appears to follow a zone boundary it shall be taken
as following such a zone boundary.
19
Comprehensive Zoning By-law 1-2014
March 2023
Section 3 Definitions
3.1
'A'
3.1.1 Abattoir: means a building or structure, or part thereof used for the slaughtering and
processing of animals.
3.1.2 Accessory: when used to describe a use, building or structure, shall mean a use, a
building or a structure that is normally incidental, subordinate and exclusively devoted
to a main use, building or structure that is located on the same lot therewith, and
includes a private garage which is not attached to the main building in any way.
3.1.3 Accessory Use: means a use which is customarily incidental, subordinate and
exclusively devoted to the main use and is carried on with such main use on the same
lot.
3.1.4 Adult Entertainment Use: shall mean any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, services appealing
to or designed to appeal to erotic or sexual appetites or inclinations. For the purposes
of this paragraph, the following shall apply;
a) "Provided" includes furnished, performed, solicited or given such services;
b) "Services" includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of a film;
c) "Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations" includes the following:
i) services of which a principal feature or characteristic is nudity or partial nudity
of any person
ii) services in respect of which the word "nude", "naked", "topless", "bottomless",
"sexy" or any other word or any picture, symbol or representation having like
meaning or implication is used in any advertisement;
d) "To provide" when used in relation to "services" includes to furnish, perform, solicit,
or give such services and "providing" and "provision" have corresponding meanings.
20
Comprehensive Zoning By-law 1-2014
March 2023
By-law
129-2015
3.1.4.1
Adverse Effect: means one of more of:
a) impairment of the quality of the natural environment for nay use that can be
made of it;
b) injury or damage to property or plant or animal life;
c) harm or material discomfort to any person;
d) an adverse effect on the health of any person;
e) impairment of the safety of any person;
f) rendering any property or plant or animal life unfit for human use;
g) low of enjoyment of normal use of property; and
h) interference with normal conduct of business.
3.1.5 Agriculture: the science or practice of farming, including cultivation of the soil for the
growing of crops and the rearing of animals to provide food, wool, and other products
but does not include a medical marihuana production facility.
3.1.6 Agricultural Related Service Uses: means the use of land and/or buildings or
structures for the manufacturing and wholesale and/or retail sales of goods that are
necessary to support Agricultural Uses. These include, but are not limited to, such
goods as farm machinery and equipment used for the tillage of soil, the planting,
spraying, harvesting, transporting, treatment, processing and storage of grain, forage,
feed, or forest products, products used for the housing and husbandry of livestock,
poultry and fur-bearing animals, the storage, handling and processing of milk, eggs,
greenhouse produce and/or manure and the manufacture of subsurface drainage
materials and equipment including plastic farm drainage tile.
3.1.7 Agricultural Operation: means the following activities and support facilities operated
and maintained in accordance with normal farm practices:
a) draining, irrigating or cultivating land;
b) growing, producing or raising,
i) livestock, including poultry and ratites,
ii) fur-bearing animals,
iii) bees,
iv) cultured fish,
v) deer and elk,
vi) game animals and birds, or
vii) any additional animals, birds or fish prescribed by the Minister of Agriculture,
Farm and Rural Affairs of Ontario (the Minister);
c) the production of agricultural crops, greenhouse crops, maple syrup, mushrooms,
nursery stock, tobacco, tree and turf grass, and any additional agricultural crops
prescribed by the Minister;
d) the production of eggs, cream and milk;
By-law
89-2019
21
Comprehensive Zoning By-law 1-2014
March 2023
By-law
129-2015
e) the operation of agricultural machinery and equipment;
f) the application of fertilizers, soil conditioners and pesticides;
g) ground and aerial spraying;
h) the storage, handling or use of organic wastes of the farm;
i) the processing by a farmer of the products produced primarily from the farmer's
agricultural operation;
ii) activities that are a necessary but an ancillary part of an agricultural operation,
such as the movement of transport vehicles for the purposes of the agricultural
operation; and
i) any other agricultural activity prescribed by the Minister, conducted on, in or
over agricultural land, but does not include a medical marihuana production
facility.
3.1.8 Agricultural Operations, Intensive: shall mean any Agricultural Use consisting of ten
or more nutrient units shall be deemed an intensive Agricultural Use for the purposes
of this By-law, but does not include a medical marihuana production facility
3.1.9 Agricultural Processing Establishment: means the use of land and/or buildings or
structures for the processing of products derived from Agricultural Uses. These shall
include, but are not limited to, such products as seed grain, feed and forage
processing, storage and transport, fruit and vegetable storage and treatment, livestock
and poultry assembly, sales and transport, a cheese factory, an egg grading station, a
saw mill, but excludes an abattoir, medical marihuana production facility and a
commercial grain elevator and drying establishment. Accessory uses such as office
uses and the packaging, packing and shipping of the products are also permitted.
Establishments for the processing of animal feed using the following materials are
specifically included in this definition:
a) food waste from food processing plants;
b) food waste from restaurants, hospitals or other similar facilities;
c) forage crops, forage silage, grain crops and grain silage;
d) soy bean meal, vitamins, minerals; and
e) other similar products.
Establishments for the processing of animal feed using sewage, sludge, dead animals
or any type of manure are specifically excluded from this definition. Also, for the
purposes of this definition, the processing of food waste does not, in any way, include
composting.
By-law
129-2015
22
Comprehensive Zoning By-law 1-2014
March 2023
By-law
74-2018
By-law
129-2015
3.1.10 Agricultural Use: shall mean the cultivation of land, the production of crops and the
selling of such produce on the premises, and the breeding and care of livestock and
the selling of such livestock or the product of such livestock raised on the premises,
and without limiting the generality of the foregoing includes aviaries, apiaries, fish
farming, animal husbandry, and the raising and harvesting of field, bush, or tree crops,
market gardening, nurseries, and greenhouses. However, Agricultural Use does not
include medical marihuana production facilities or facilities for the permanent or
temporary housing of persons employed on the lot.
3.1.10.1 Air Treatment Control: shall mean the functional use of industrial grade multi-
stage carbon filtration or similar technology, to reduce and/or treat the emission of
pollen, dust and odours expelled from a facility and sized accordingly in comparison
to the facility it services as designed by a qualified person.
3.1.11 Aisle: means the area used by motor vehicles for access to and from all off-street
parking spaces, but does not include an access driveway.
3.1.12 Alley: means a highway, having a maximum width of less than 7 m (23 ft), providing a
means of access to a lot.
3.1.13 Alter: when used in reference to a building or structure or part thereof, shall mean to
change any one or more of the internal or external dimensions of such building or
structure or to change the type of construction of the exterior walls or roof thereof.
When used in reference to a lot, the word "Alter" means to change the width, depth, or
area thereof or to change the width, depth, or area of any required yard, setback,
landscaped open space, or parking area, or to change the location of any boundary of
such lot with respect to a street or lane, whether such alteration is made by conveyance
or alienation of any portion of said lot, or otherwise.
3.1.14 Amenity Area/Space: means an area, indoor or outdoor, which is intended for
leisure, recreation, socialization, or exercise, such as a landscaped open space yard
or a recreational facility, and which is an accessory use to a dwelling or dwelling unit
or other land use, but does not include sleeping quarters, bathrooms, kitchens, and
storage.
3.1.15 Amusement Arcade: shall mean any premises or part thereof containing four or more
electronic or mechanical pinball or amusement machines operated for gain and made
available for the entertainment or amusement of the general public. This definition
shall not include establishments which sell such devices, provided that such devices
are not made available on the premises for use on a commercial basis by the public.
3.1.16 Amusement Machine: shall mean any electronic or mechanical machine or device
intended for use as a game or source of entertainment or amusement offered for
use by the public by any person for profit or gain and shall include a pinball machine,
video game, shooting gallery, or other similar machine or device including an
automatic machine or slot machine that dispenses as prizes one or more free
games, but shall not include any machine used only for the purpose of vending
merchandise or services or playing recorded music or any billiard or pool table or any
machine that would render the premises a common gaming house within the
meaning of the Criminal Code of Canada.
23
Comprehensive Zoning By-law 1-2014
March 2023
3.1.17 Ancillary Use: means a use, other than an accessory use, which complements or
otherwise provides a service to the main uses of the zone in which it is located.
3.1.18 Aquaculture: the culture or husbandry of marine organisms by any person. Aqua-
culture includes the breeding, rearing, and harvesting of plants and animals in all types
of water environments including ponds, rivers, lakes, and the ocean. Researchers and
aquaculture producers are "farming" all kinds of freshwater and marine species of fish,
shellfish, and plants. Aquaculture produces food fish, sport fish, bait fish, ornamental
fish, crustaceans, mollusks, algae, sea vegetables, and fish eggs. Aquaculture also
includes the production of ornamental fish for the aquarium trade, and growing plant
species used in a range of food, pharmaceutical, nutritional, and biotechnology
products.
3.1.19 Assembly Hall: shall mean a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, religious, or
social activities and may include a banquet facility or club.
3.1.20 Attached: means a building or structure that depends on structural support by a
common division wall or walls supporting an adjacent building(s).
3.1.21 Automatic Car Wash: means a building or part thereof where motor vehicles are
washed in whole or in part automatically by programmed mechanical equipment.
3.1.22 Automobile Body Repair Shop: means a building or part thereof used for any one
(1) or more of the following automobile service and repair activities:
a) body restoration and structural reconstruction;
b) painting and the application of body rust inhibitors;
c) general refurbishing and reconditioning of the body of the automobile.
d) Separate Automobile washing establishments are not permitted as an accessory
use.
3.1.23 Automobile Detailing Services: shall mean a building or structure used for one or
more of the following services:
a) interior cleaning, upholstery shampooing,
b) manual washing and waxing (not including a coin-operated or automatic car
wash, unless otherwise permitted by this by-law);
c) minor cosmetic repairs.
3.1.24 Automobile Repair Establishment: shall mean an establishment for the repair or the
replacement of parts in a motor vehicle and, without limiting the generality of the
foregoing, includes the repair, replacement or reconditioning of mufflers, exhaust
systems, shock absorbers, transmissions, gears, brakes, clutch assemblies, steering
assemblies, radiators, heating or cooling systems, ignition systems, electrical systems,
the installation of undercoating, engine turning, lubrication and engine conversion or
24
Comprehensive Zoning By-law 1-2014
March 2023
replacement, a vehicle body repair shop, but does not include an automobile
impounding yard, or an automobile service station.
3.1.25 Automobile Sales and Service Establishment: shall mean a lot, building or structure
where the business of selling new and/or used motor vehicles is conducted and may
include the display, storage and sale of such motor vehicles; the storage and sale of
automotive accessories and related products, offices, show rooms and sales rooms;
the leasing or renting of motor vehicles; the sale of gasoline; the servicing, washing,
repairing, cleaning, polishing, painting of motor vehicles; and a towing service, all of
which must be incidental to the main use.
3.1.26 Automobile Service Station: shall mean a building or a clearly defined space on a
lot where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light
bulbs, spark plugs, and batteries for motor vehicles are stored or kept for sale, or where
motor vehicles may be oiled, greased, or washed, or have their ignition adjusted, tires
inflated or batteries charged or where repairs essential to the actual operation of motor
vehicles are executed or performed but shall not include an automobile washing
establishment.
3.2
'B'
3.2.1 Bakery or Bake Shop: shall mean a building for producing, mixing, compounding or
baking products of which flour, rice or meal is the main ingredient. The bakery products
may be available on site for limited wholesale and retail sale. The bakery or bake shop
may include a restaurant within the same building.
3.2.2 Balcony: shall mean a platform made of wood, concrete or other similar material, that
is higher than the first storey, projecting from a building, and intended for the purpose
of outdoor dining, lounging, and other similar accessory residential, commercial,
industrial or recreational uses.
3.2.3 Banquet Facility: shall mean an establishment used for the purpose of catering to
banquets, weddings, receptions or similar functions for which food and beverages are
served on the premises (indoor or outdoor) but does not include a caterer's
establishment wherein food and beverages are delivered off-site.
3.2.4 Basement: shall mean shall mean one or more storeys of a building located below the
first storey.
3.2.5 Batching Plant, Asphalt: shall mean an industrial establishment used for the
production of asphalt, or asphalt products used in building or construction and includes
facilities for the administration and management of the business, the stockpiling of bulk
materials used in the production process or a finished product manufactured on the
premises and the storage and maintenance of required equipment. Portable asphalt
plant shall mean a temporary asphalt batching plant established for a provincial or
municipal road project.
25
Comprehensive Zoning By-law 1-2014
March 2023
3.2.6 Batching Plant, Concrete: shall mean an industrial establishment used for the
production of concrete, or concrete products used in building or construction and
includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance of required
equipment.
3.2.7 Bed and Breakfast: shall mean a single detached dwelling in which a maximum of
four (4) bedrooms are made available for the temporary overnight accommodation of
travelling public for remuneration. Breakfast may also be provided to these guests.
This does not include a hotel, motel, boarding or lodging house, or restaurant, as
defined herein.
3.2.8 Berm: shall mean an earthen work or mound of earth of a specified height and width and
exhibiting sloping, landscaped sides, which is intended to act as a barrier or buffer strip. The
height of a berm shall be the vertical distance between the base and the highest point of the
berm. The slope of the sides of the berm shall be stable and not prone to shifting and will be
dependent upon the required height of the berm and shall in no case be greater than 33
percent (33%).
3.2.9 Bicycle Parking Space: means a hard surfaced area having minimum dimensions of 2.5 m
(8.2 ft) by 0.75 m (2.5 ft) and having thereon a corrosion resistant metal bicycle storage rack
capable of accommodating 1 bicycle in a safe and secure manner.
3.2.10 Bingo Hall: means a building or part thereof used as a main use for the operation of bingo
lotteries as licensed through the Corporation.
3.2.11 Boarding, Lodging, and Rooming House: means a building, or part thereof, that contains
one or more units where units and/or associated bedrooms are rented or provided to
individuals for a period of twenty-eight (28) days or more. Residents of boarding, lodging,
and rooming houses share bathroom and/or kitchen facilities, and occupants may be
unrelated. This shall not include a hotel, hospital, home for the young or the aged or
institution if the hotel, hospital, home or institution is licensed, approved or supervised under
any general or special Act.
There are two categories of boarding, lodging, and rooming houses:
a) Boarding, lodging, and rooming house - Residential: 10 or fewer occupants
b) Boarding, lodging, and rooming house - Agricultural: Any number of occupants.
3.2.12 Boarding Kennel: shall mean any building or structure intended for the purpose of feeding,
housing or otherwise caring for dogs or other pets for remuneration.
3.2.13 Boat: shall mean any vessel propelled by oars, paddles, sails or an engine.
3.2.14 Boat House: shall mean a building or structure intended to house, shelter, or protect a boat
or other form of water transportation. When constructed in association with a residential
dwelling, a boat house shall be deemed an accessory building.
3.2.15 Boat Dock: Shall mean a structure in the form of a platform, floating or fixed, including a
wharf or pier used for parking or mooring, loading, unloading, repair or storage of boats,
located on or adjacent to water, and includes connecting ramps, stairs, walkways and
landings within 3 m (10 ft) of the landside of the highwater mark.
26
Comprehensive Zoning By-law 1-2014
March 2023
3.2.16 Buffer Strip: means an area used for no other purpose than for the erection of a solid
fence, berm or the planting and maintaining of a continuous un-pierced hedgerow of
natural shrubs which will provide a year round visual landscaping and the planting of
ornamental shrubs, flowering shrubs, flowerbeds, or a combination thereof.
3.2.17 Building: shall include any structure greater than 9 m2 (96 ft2), whether temporary or
permanent, affixed to the ground, consisting of a wall, roof and floor or any two (2) or
more of them or a structural system serving the same function thereof, including all the
works, fixtures and service systems appurtenant thereto. It does not include the
following: a fence, travel trailer, camping trailer, truck camper, motor home, a bus, or
tent.
3.2.18 Building Area: shall mean the only area or areas on a lot within which any building
or structure may be erected.
Comprehensive Zoning By-law 1-2014
January 2023
3.2.19 Building Height: means:
a) the vertical distance between the grade and the highest point of the roof; for a
building or that part of the building with a flat roof, meaning a roof having a slope
of less than 20 degrees;
b) the vertical distance between the grade and the mid-point between the lowest
eaves and the highest point of the roof, for any other roof.
Comprehensive Zoning By-law 1-2014
January 2023
3.2.20 Building Materials Recycling Centre: means a retail and/or wholesale store for the
sale of salvaged building products, in combination with the following salvaging
activities: collection; sorting; reconditioning and/or repackaging of salvaged building
products, exclusively for the sale of such products in the store. All salvaging activities
take place entirely within a building. Products and materials are stored entirely within
a building and/or, where permitted by this by-law, in an outdoor storage yard.
3.2.21 Building Setback: means the horizontal distance measured at right angles from a lot
line to the closest point of any part of a building or structure on the same lot.
3.2.22 Building Supply Outlet: an industrial premises used for milling, storage, and
wholesale sale of a broad range of building materials and may include an ancillary
retail operation.
3.2.23 Bulk Sale Establishment: shall mean the use of any land, structure or building for the
purpose of buying and selling lumber, wood, building materials, feed, gas, oil, fertilizer,
ice, and similar material, but does not include manufacturing.
3.2.24 Business Office: means an office of any one (1) or more of the following: a
commercial or industrial business; a professional person; a government; a non-profit
association. A Business Office does not include a financial, medical or veterinary office.
3.2.25 By-law Enforcement Officer: shall mean the employee of the Corporation responsible
for enforcing the by-laws, and in particular this by-law, of the Corporation.
3.3
'C'
3.3.1 Call Centre: shall mean a building or part of a building in which people are employed
to provide product information services and/or direct sales to the public by way of
telephone, internet, fax, video or mail.
3.3.2 Campground or Trailer park: means a lot for the seasonal accommodation of
recreational vehicles, tent or travel trailers and/or tents and may include as accessory
uses thereto: recreational facilities; sanitary facilities; an administrative office; a
caretaker's residence and roofed shelters.
3.3.3 Canopy: shall mean a permanent, unenclosed roof structure erected for the purpose
of sheltering motor vehicle fuel pumps and dispenser islands from the weather.
3.3.4 Caretaker's Residence: means one (1) dwelling unit, which is an accessory use to a
non-residential main use and is used for the accommodation of one (l) caretaker,
supervisor or watchman for the protection and care of the land, building or other
structure on the same lot.
3.3.5 Carport: means a one-storey building or part thereof, unenclosed by building walls on
at least two (2) sides, used for the parking of one or more motor vehicles.
Comprehensive Zoning By-law 1-2014
January 2023
3.3.6 Caterer's Establishment, Eat-in and Take-out Restaurant: food preparation for
consumption off-site, baked products primarily for wholesale and distribution purposes,
food preparation and sale for consumption on or off the premises.
3.3.7 Cellar: shall mean that portion of a building between two floors which is partly or wholly
underground and which is less than 1.8 m (6 ft) in height.
3.3.8 Cemetery: shall mean a place for the burial of the dead and shall include such things
as mausoleums and other buildings required for internment or any other cemetery
related purpose.
3.3.9 Centre Line of Street: shall mean the centreline of the road allowance as opposed to
the centre line of the travelled roadway.
3.3.10 Chief Building Official: shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of the Ontario Building Code Act and the
provisions of this by-law.
3.3.11 Church: shall mean a building dedicated to religious worship and may include a
rectory or manse, church hall, church auditorium, Sunday school, parish hall, and
church day nursery accessory to the church.
3.3.12 Clinic: shall mean a building or part thereof, other than a hospital, used by medical
doctors, dentists, optometrists, podiatrists, veterinarians, chiropractors and/or drugless
practitioners, the practice of a health discipline, radiological technicians, registered
psychologists and their staff for the purpose of public or private medical, surgical,
physiotherapeutic, human health and may include administrative offices, waiting
rooms, specimen collection centres and dispensaries directly associated with the
facility, but does not include overnight accommodation.
3.3.13 Club, Private: means an establishment used as a meeting place by members and
guests of members of non-profit and non-commercial organizations for community,
social or cultural purposes. This definition does not include uses that are normally
carried out as a commercial enterprise and shall not include an adult entertainment
establishment.
3.3.14 Coastal Wetland: means any wetland that is located on one of the Great Lakes or
their connecting channels (Lake St. Clair, St. Mary's, St. Clair, Detroit, Niagara and St.
Lawrence Rivers); or any other wetland that is on a tributary to any of the above-
specified water bodies and lies, either wholly or in part, downstream of a line located
2 kilometers upstream of the 1:100 year floodline (plus wave run-up) of the large water
body to which the tributary is connected.
3.3.15 Coin-Operated Car Wash: means a building or part thereof where motor vehicles are
washed manually with the aid of a high-pressure water hose controlled by a metered,
coin-operated water dispensing system.
Comprehensive Zoning By-law 1-2014
January 2023
3.3.16 Collector Aisle: means an unobstructed part of a parking area which provides direct
access to a manoeuvring Aisle.
3.3.17 Combined Use Building: means a building having, as main uses, both a dwelling
unit(s) and a non-residential use(s).
3.3.18 Commercial Motor Vehicle: shall mean, whether or not it is licensed for commercial
use, any tractor trailer, tow truck, dump truck, construction vehicle, truck trailer
combination, or portions thereof, any school purposes bus or regular bus, exceeding
a capacity of 24 passengers, any truck having attached thereto either a permanent or
temporary delivery body, but shall not include the conventional pick-up truck, van or
one step van.
3.3.19 Commercial, Neighbourhood: shall mean the use of land or buildings for a purpose
supportive of, compatible with and required in close proximity to residential uses and
may include but not be limited to a bank, clinic, day nursery, office, personal service
establishment, convenience store or commercial plaza.
3.3.20 Commercial Self-Storage Facility: shall mean a building or buildings, consisting of
individual units, used for the storage of goods, wares, merchandise, foodstuffs,
substances, articles or things, but does not include a fuel storage tank except as an
accessory use or a warehouse
3.3.21 Commercial Use: shall mean the use of land or buildings for the purposes of offices,
and the retail buying or selling of commodities, or both, and the supplying of services.
3.3.22 Commercial Vehicle: means a motor vehicle having permanently attached to a truck
or delivery body that is used for delivery, transport, haulage or service.
3.3.23 Communication Facilities: shall mean any use of land that is primarily for the
transmission of electronic signals through the air and includes a transmitting station,
tower or dish for radio, television, telephone or other similar communication facilities
and radio and television stations.
3.3.24 Community Centre: shall mean a building used for community activities and not used
for commercial purposes, the control of which is vested in the Corporation, a local
board or trustees of the Corporation.
3.3.25 Condominium: shall mean a building or buildings in which each individual unit is held
in separate private ownership and all floor space, facilities and outdoor areas used in
common by all tenants are owned, administered and maintained by a Corporation
created pursuant to the provisions of the Condominium Act S.O. 1998, C.19, as
amended.
3.3.26 Conservation Area: means an area within which work is undertaken by a
Conservation authority pursuant to the provisions of the Conservation Authorities Act,
R.S.O 1990, c.C.27, as amended.
Comprehensive Zoning By-law 1-2014
January 2023
3.3.27 Conservation Authority: shall mean an authority as defined in the Conservation
Authorities Act, R.S.O 1990, c.C.27, as amended.
3.3.28 Construct: means to build by means of any one (1) or more of the following activities:
designing, fabricating, assembly, testing or packaging, but not including stamping,
forging, casting, molding, smelting, refining or extruding a product.
3.3.29 Construction: shall mean to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a building unit
fabricated or moved from elsewhere. Constructing has a corresponding meaning.
3.3.30 Contractor's Office: means a combination Business Office and warehouse used by
a general building contractor or any of the following trade contractors: doors and
windows; electrical; fencing; flooring; glass or glazing; heating and air conditioning;
insulation; landscaping; masonry; ornamental metal; painting and decorating;
plastering and drywall; plumbing; roofing; siding or cladding; swimming pools.
3.3.31 Contractor's Shop or Yard: shall mean any land, building or structure used for the
purposes of undertaking or managing activities engaged in maintaining and building
new structures and includes the offices of general contractors, specialized trades and
building maintenance services. Also includes prefabrication of building equipment and
materials and wrecking and demolition contractors' offices but does not include
salvage yards.
3.3.32 Convenience Store: shall mean a retail store where both household and grocery
items are offered for sale primarily to serve people's daily needs, having a maximum
gross floor area of 280 m2 (3014 ft2), in which the main use is the retail sale of food
and dairy products, beverages, bakery products and sundries.
3.3.33 Corporation: shall mean The Corporation of the Town of Kingsville.
3.3.34 County: shall mean the Corporation of the County of Essex.
3.3.35 County Road: shall mean the highway under the jurisdiction of Corporation of the
County of Essex.
3.3.36 Coverage: shall mean the combined area of all buildings or structures, but not
including a private outdoor swimming pool, on the lot measured at the level of the
lowest storey above grade, but excluding open, unenclosed terraces or patios at grade,
steps, cornices, eaves, by windows, chimney breasts, corbelling or similar projections,
parking areas and permitted outside storage.
Comprehensive Zoning By-law 1-2014
January 2023
3.4
'D'
3.4.1 Day Care Facility: shall mean a premises that receives for temporary custody five (5)
children or more that are not of common parentage primarily for the purpose of
providing temporary care or guidance, for a continuous period not exceeding twenty-
four hours and that is not;
(a) part of a public school or separate school under the Education Act, R.S.O. 1980,
as amended;
(b) part of a private school registered under the Education Act, R.S.O. 1980, as
amended;
(c) a children's mental health centre under the Children's Mental Health Services Act,
R.S.O. 1980, as amended.
3.4.2 Deck, Above 0.7 m: shall mean a platform made of wood, concrete or other similar
material, that has a height at 0.7 m, or greater than 0.7 m above average grade,
projecting from a building or freestanding, open to the sky, and intended for the
purpose of outdoor dining, lounging, and other similar accessory uses.
3.4.3 Density (Gross): means the ratio of the number of dwelling units to the entire subject
property and expressed in units per hectare.
3.4.4 Density (Net): means the ratio of the number of dwelling units to the property with the
dedicated parkland, roadways, storm water management ponds and other non-
developable detached components removed from the land area and expressed in units
per hectare.
3.4.5 Detached: means not attached.
3.4.6 Development: means the creation of a new lot, a change in land use or the
construction of buildings and structures which require approval under The Planning
Act but does not include:
a) activities that create or maintain infrastructure authorized under an environmental
assessment process;
b) works subject to The Drainage Act; or
c) underground or surface mining of minerals or advanced exploration
on mining lands in significant areas of mineral potential.
3.4.7 Drive-Through: shall mean the use of buildings and structures for the
provision of prepared food and beverages where the food or drink is served
to customers who are inside their vehicles, or the provision of self-serve
facilities which are accessed by customers who are inside their vehicles.
Comprehensive Zoning By-law 1-2014
January 2023
3.4.8 Drive-Through Food Outlet: means a retail store for the sale of prepared food to
persons remaining in a motor vehicle and may also include the preparation of food sold
at retail.
3.4.9 Drive-through Restaurant: means a restaurant having a drive-through food outlet in
combination with it.
3.4.10 Driveway: means that portion of a lot used to provide vehicular access from a street
or private road to an off street parking or loading area located on the same lot.
3.4.11 Dog Kennel: means any outdoor enclosure, building or part of a building or area or
other structure used for the harbouring of more than three (3) dogs for the purpose of
breeding and/or sale of the dogs. Boarding of dogs may be considered an ancillary use
to a dog kennel use.
3.4.12 Dry Cleaning Establishment: shall mean a building used for the purpose of receiving
articles of clothing to be subjected to the process of dry cleaning, dyeing or cleaning
elsewhere on the premises if the processing element is restricted to closed, unvented
dry cleaning equipment, and for pressing and/or distribution of any such articles or
goods which have been subjected to any such process.
3.4.13 Dwelling: shall mean a building, occupied or designed to be occupied exclusively as
a home, residence or sleeping place by one or more persons, but shall not include
hotels, boarding, lodging, and rooming houses, tourist homes, nursing or rest homes,
motels, institutions, travel trailers or mobile homes.
a) Apartment Building: shall mean the whole of a structure that contains five (5) or
more dwelling units in which units have a common entrance from street level and
are served by a common corridor, and the occupants of which units have the right
to use in common the corridors, stairs, elevators, yards or one or more of them.
b) Converted Dwelling: shall mean a building originally designed as a single family
detached dwelling which because of its size or design can be converted by partition
into more than one dwelling unit with each one having separate and individual
sanitary and cooking facilities.
c) Duplex Dwelling: shall mean a dwelling that is divided horizontally into two (2)
dwelling units each of which has an independent entrance either directly or through
a common vestibule.
d) Seasonal: shall mean a single detached dwelling that is not intended to permit
winter occupancy and has not been modified for year-round habitation and use.
e) Semi-Detached Dwelling: shall mean one building divided vertically into two (2)
dwelling units by a common interior wall and each having a separate entrance and
having a minimum area above grade of 10 m2 (106 ft2).
g) Semi-Detached Dwelling Unit: means one unit of a semi-detached dwelling.
Comprehensive Zoning By-law 1-2014
January 2023
h) Single Detached Dwelling: shall mean a completely detached dwelling used,
designed, or intended to be used for occupancy by a single group of people related
or unrelated. This definition shall not include a mobile home, or travel trailer as
defined herein.
j) Townhouse Dwelling: means a dwelling containing three or more dwelling units,
each dwelling unit having at least one separate entrance at street level, and
separated from the adjoining unit by a common or party wall.
k) Town House Dwelling Unit: means one unit of a townhouse dwelling.
l) Triplex Dwelling: means a dwelling containing three dwelling units each having an
independent entrance to the outside and separated from the adjoining unit or units
by a common or party wall.
3.4.14 Dwelling Unit: shall mean one (1) or more habitable rooms occupied or designed to
be occupied by an individual or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the
use of such individual or family, with a private entrance from outside the building or
from a common hallway or stairway inside the building.
3.4.15.1 Dwelling Unit, Additional shall mean a dwelling unit ancillary and subordinate to a
primary single detached, semi-detached or townhouse dwelling unit, in which food
preparation, eating, living, sleeping and sanitary facilities are provided for the
exclusive use of the occupant thereof.
3.5
'E, F'
3.5.1 Easement: shall have the meaning attributed to it in the definition of Right-of-way.
3.5.2 Eating Establishment: shall mean a building or part of a building where food is
offered for sale or sold to the public for immediate consumption and includes such
uses as a restaurant, café, cafeteria, ice cream parlour, tea or lunch room, dairy bar,
coffee shop, snack bar, or refreshment room or stand, but does not include a boarding
or lodging house.
3.5.3 Enclosed Storage: shall mean an area of outside storage that is enclosed behind
screening so the storage is not visible from the street. The screening can include: a
wood fence, a chain link fence with mesh interwoven, a concrete fence, or a fence
made of a different material all of which are approved by the Corporation and
recognized in the fence by-law.
Comprehensive Zoning By-law 1-2014
January 2023
3.5.4 Erect: shall mean to do anything in the erection, building, construction, reconstruction,
addition, installation, enlargement, extension, material or structural alteration or repair
of a building or structure and shall include any preliminary physical operations such as
excavating, grading, piling, cribbing, filling or draining, the relocation of a building or
structure, the installation of a building unit fabricated or removed from elsewhere, and
the demolition or removal of a building or any part thereof and further includes any
work for which a building permit is required under the Building Code Act. "Erected" and
"erection" shall have a corresponding meaning.
3.5.5 Existing: means a use, building or other structure both lawfully existing on the date of
the passing of this by-law or such other date specifically provided by this by-law and,
if a use, currently in operation and, if a building or structure, currently in use.
3.5.6 Facility: means a lot with a building or grouping of buildings and structures where a
use(s) is carried on for a common purpose, in accordance with the applicable
provisions and regulations of this By-law.
3.5.7 Farm Building: means a building for the housing or storage of farm equipment,
machinery, produce and/or animals.
3.5.8 Farming: means the activity or business of growing crops and raising livestock (see
agricultural operation above).
3.5.9 Farm Machinery/Equipment Sales and Service Establishment: means a lot,
building or structure for the sale, service and repair of new or used farm equipment,
farm machinery and prefabricated farm buildings and structures or any combination
thereof. It may include related offices, indoor and/or outdoor display areas, the storage
and sale of related accessories and their servicing and repair.
3.5.10 Farm Produce Outlet: shall mean a place, with or without permanent buildings, where
seasonal produce may be sold to the general public by farmers to consumers. Farm
produce outlets typically consist of a combination of booths, tables or produce stands
located outdoors or inside a building where fruits, vegetables, meats, and sometimes
prepared foods and beverages are sold for the general public.
3.5.11 Farm Produce Support Use: means a facility for the storage, processing, packaging
and/or distribution of agricultural products, the storage, supply and maintenance of
materials and equipment necessary for agricultural operations or training in farming
techniques and agricultural operations, any one of which may or may not be on the
same lot as an agricultural operation. It is intended that such use serve agricultural
operations which, in turn, benefit from its location in an agricultural zone.
3.5.12 Fence: as defined under The Corporation of the Town of Kingsville By-law No. 127-
2017.
3.5.13 Financial Institution: shall mean an establishment which provides money
management services directly to the public, including a bank, trust company, credit
union, securities dealer, finance companies and stock brokers.
Comprehensive Zoning By-law 1-2014
January 2023
3.5.14 Finished Grade: shall mean the average level of finished ground adjoining a building
or structure at all exterior walls, as determined by the Chief Building Official.
3.5.15 Fish Farm: means a facility used for aquaculture.
3.5.16 Fitness Centre: means a building or part thereof, in which facilities are provided for
recreational athletic activities including, but not limited to, body-building and exercise
classes, and shall include associated facilities such as a sauna or solarium, and may
include as an accessory use one retail establishment for the sale of athletic equipment,
food or refreshments, provided that the retail establishment does not exceed a floor
area equal to 25% of the net floor area of the fitness centre.
3.5.17 Floodplain Development Control Area: for river stream, and small inland lake
systems, means the area, usually low lands adjoining a watercourse, which has been
or may be subject to flooding hazards. Further, the floodplain area shall mean that area
below the one in one hundred year (1:100) or maximum observed flood condition for
the watershed which lies within the regulatory (1:100 year storm) floodplain of the
adjacent watercourse shown on the Zone Maps of this by-law. A portion of this area is
occupied by the floodway.
3.5.18 Floodway: shall mean the area adjacent to a watercourse, other than Lake Erie or a
municipal drain, where flood depths and velocities are generally greater than those
experienced in the flood fringe. The floodway represents the area required for the safe
passage of flood flow and/or the area where flood depths and/or velocities are
considered to pose a potential threat to life and/or property damage. The floodway
comprises all lands within a setback area measured inland from the top of bank. Such
setback shall be determined by the Corporation in consultation with the Essex Region
Conservation Authority.
3.5.19 Floor Area: shall mean the sum of the areas of all of the floors of a building or structure
measured from the outside of all outside walls or from the centreline of common or
party walls, exclusive of: attached accessory building, terrace, veranda, unfinished
attic, unfinished basement, open or enclosed porch, and any floor area with a ceiling
height of less than 2 m (6.5 ft).
3.5.20 Forestry Use: means the general growing and harvesting of timber and without limiting
the generality of the foregoing includes the production of fuel wood, pulpwood, lumber,
Christmas trees.
3.5.21 Fuel Storage Depot: shall mean any industrial use whose primary purpose is the
storage, loading/unloading or supply or sale of fuel, but does not include a gas bar as
part of an automobile service establishment.
3.5.22 Funeral Home: shall mean a building or part thereof wherein a licensed undertaker
prepares corpses for interment and may include a chapel for funeral services.
Comprehensive Zoning By-law 1-2014
January 2023
By-law
129-2015
3.6
'G,H'
3.6.1 Garage (PRIVATE): shall mean a building or portion of a building not to exceed sixty-
five (65) m2 in size or twelve (12) meters in width designed for the sheltering or storage
of not more than three (3) motor vehicles or recreational vehicles or both and the
storage of household equipment incidental to residential occupancy, and wherein no
service for profit is rendered; when such structure is attached to the main building, it
shall be deemed to be part of the main building and not an accessory building.
3.6.2 Garage (PUBLIC): shall mean a building or structure other than a private garage which
is used for the care, repair or equipping of motor vehicles, or where such vehicles are
parked or stored for remuneration, hire or sale.
3.6.3 Garden Centre: means a retail store for the sale of ornamental plants and other
products for lawn and garden maintenance and ornamentation in combination with an
outdoor storage yard and/or greenhouse for the storage, display and sale of such
products. It may also include an accessory sales kiosk and equipment storage
facilities.
3.6.4 Garden Suite: shall mean a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure and
that is designed to be portable and/or temporary.
3.6.5 Gas Bar: shall mean an establishment designed for the retail sale of gasoline, motor
car fuel and lubricating oil and allied additives and the introduction of such materials
into vehicles but does not include the provision of mechanical services to vehicles. A
gas bar may include a retail store as an accessory structure and use if the retail store
has a maximum gross floor area of 100 m2 (1,076 ft2).
3.6.6 General Salvage Operation: means an indoor/outdoor facility used for the salvaging,
crushing, processing, reprocessing, recovering and/or recycling for reuse of any one
(1) or more of the following: scrap metal; oils and liquids; textiles; glass; paper; plastic;
plaster; rubber; wood. It may include a motor vehicle salvage operation and, as an
accessory use, facilities for the resale or remanufacture of salvaged or recycled
products.
3.6.7 Golf Course: means an outdoor public or private area operated for the purpose of
playing golf and includes a par three golf course, a miniature golf course and putting
greens.
3.6.8 Grade: means the average elevation of the ground within 2 m (6.6 ft) of a building or
structure. Where the elevation of a point on a building or structure located on the lot is
equal to the grade elevation, that point is deemed to be "at grade".
3.6.9 Greenhouse Facility: means a building or structure, enclosed by glass or plastic, used
for the commercial growing of vegetables, shrubs, trees, plants or flowers and may
include the harvesting, transplanting and replanting of same but shall not include a
Medical Marihuana Production Facility.
Comprehensive Zoning By-law 1-2014
January 2023
3.6.10 Greenway: means a recreational pathway owned or managed by the Essex Region
Conservation authority for pedestrians and non-motorized vehicles and such other like
activities.
3.6.11 Group Home: shall mean a single housekeeping unit in a residential dwelling licensed
or funded under an act of the Parliament of Canada or the Province of Ontario for the
accommodation of not more than ten (10) persons, exclusive of staff, living under
supervision in a single housekeeping unit and who, by reason of their emotional,
mental, social, or physical condition or legal status require a group living arrangement
for their well-being. Such dwelling is provided with responsible adult supervision
consistent with the requirements of its residents and is set up in theory, size,
appearance, and structure to resemble a family unit. Notwithstanding this definition
such dwellings intended to house criminal ex-offenders shall not be considered as
group home dwellings for the purposes of this By-law and are not permitted in the
Corporation without an amendment to this By-law.
3.6.12 Gross Floor Area: means the total combined floor area of all buildings on a lot,
excluding the cellar of any building, measured from the outside face of the exterior
walls of each building. The use of the abbreviation "GFA" in this by-law means gross
floor area. If reference is made to a specific use within a building, GFA means the total
floor area occupied by the use and its accessory components.
3.6.13 Gross Floor Area Ratio: means the ratio of the gross floor area to the lot area.
3.6.14 Guest Room: means a room which contains no facilities for cooking, and is used or
maintained for guest accommodation.
3.6.15 Habitable Room Window: means a window of any one (1) or more of the following
rooms within a dwelling or dwelling unit: dining room; living room; family room;
bedroom.
3.6.16 Hamlet: means an urban community designated "Hamlet" in The Corporation of the
Town of Kingsville Official Plan, i.e. Ruthven and Cottam.
3.6.17 Health Studio (fitness or athletic facility): means a building or part thereof used for
athletic or physical fitness instruction in combination with facilities for physical exercise
or athletic training. It may include, as an accessory use, one (1) retail store for the sale
of athletic equipment, if the retail store does not exceed a floor area equal to twenty
(20 %) percent of the net floor area of the health studio.
3.6.18 Heat Pump: means equipment designed to heat the interior of buildings or structures
and which are normally located outside and/or on a roof or such buildings or structures.
Comprehensive Zoning By-law 1-2014
January 2023
By-law
125-2018
3.6.19 Height: when used with reference to a building or structure shall mean the vertical
distance in meters between the horizontal plane through the average finished grade
and a horizontal plane through:
(a) the highest point of the roof assembly in the case of a building with a flat or deck
roof;
(b) the average level of a one slope roof, provided that a roof having a slope less than
twenty (20) degrees with the horizontal shall be considered a flat roof;
(c) the roof deck line, in the case of a mansard roof;
(d) the average level between eaves and ridges in the case of a roof type not
mentioned in subsection (a), (b) and (c) immediately preceding.
Notwithstanding the above, any ornamental roof construction features including
towers, steeples or cupolas shall not be included in the calculation of height.
Mechanical features such as structures containing the equipment necessary to
control an elevator or other rooftop structures not containing any habitable space are
permitted to project a maximum of 5 m (16 ft) above the highest point of the roof
surface regardless of the height of the building.
3.6.19.1 Holistic Wellness Centre: shall mean a building or part thereof, in which facilities or
offices are provided for the practice of alternative and traditional medical treatments
and may include, but not be limited to, Yoga, Chiropractic, Podiatrist, Chiropodist,
Meditation Classes, Reflexology, Massage, Chinese Medicine, Naturopathy,
Acupuncture, Iridology, Homeopathy and Shamanism.
3.6.20 Home Occupation: means an occupation for profit or gain conducted entirely within
the dwelling unit, such occupation being incidental and secondary to the primary
residential use without changing the character thereof.
3.6.21 Home Industry: means an occupation for profit or gain conducted entirely within a
residential dwelling or accessory building in an Agricultural zone such occupation
being incidental and secondary to the residential use of the dwelling and the
agricultural operation, without changing the character thereof.
3.6.22 Hotel: means any tavern, inn, lounge or public house in one main building or in two or
more connected or adjacent buildings designed and used mainly for the purpose of
catering to the needs of the travelling public in which:
a) a minimum of five (5) guest rooms or suites of rooms are provided for sleeping
accommodations;
b) all guest rooms or suites of rooms are accessible only from the interior of the
building;
Comprehensive Zoning By-law 1-2014
January 2023
c) no guest room or suite of rooms has self-contained cooking facilities; and
d) a hotel may include such accessory uses as one (1) or more of the following:
restaurant; a banquet hall; meeting room; retail store; personal service shop;
one (1) dwelling unit for a caretaker or manager; swimming pool; indoor arcade or
recreational facilities for the use of the guests but shall not include any adult
entertainment establishments;
e) does not include a rooming house, boarding house or apartment.
3.7
'I, J, K, L'
3.7.1 Industrial Use, Heavy: a place of business for large scale manufacturing or
processing, characterized by: large physical size, outside storage of raw and finished
products, large production volumes and continuous movement of products and
employees during daily shift operations. It has frequent outputs of major annoyance
and there is high probability of fugitive emissions. Possible examples of this category
include:
a) Breweries;
b) Manufacturing of paint and varnish;
c) Manufacturing of resins and costing;
d) Metal manufacturing;
e) Organic chemicals manufacturing;
f) Soaps and detergent manufacturing;
g) Solvent recovery plants.
3.7.2 Industrial Use, Light: shall mean 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. Outputs are infrequent, and could be point
source or fugitive emissions for any of the following: noise, odour, dust and vibration.
These are typically daytime operations and have limited, enclosed outside storage.
Possible examples of this category include:
i) Auto parts supply;
ii) Beverage bottling;
iii) Call Centres or telemarketing centres;
iv) Computer wholesale and services facility;
v) Convention centre;
vi) Distribution of dairy products;
vii) Electronics manufacture and repair;
viii) Fine woodworking and craftsman shop;
ix) Furniture repair and refinishing;
x) Laundry and linen supply;
xi) Packaging and distributing services;
xii) Private club and athletic facility;
xiii)Storage and warehousing facilities;
xiv)Truck and bus depots.
Comprehensive Zoning By-law 1-2014
January 2023
3.7.3 Industrial Use, Medium: A place of business for medium scale processing and
manufacturing with outdoor storage of wastes or material and /or there are periodic
outputs of minor annoyance. There are occasional outputs of either point source or
fugitive emissions for any of the following: noise, odour, dust and 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. Possible examples
of this category include:
i) Dry cleaning service;
ii) Electrical production manufacturing;
iii) Feed packing plant;
iv) Magazine printing;
v) Manufacturing of dairy products;
vi) Paint spray booths.
3.7.4 Industrial Use - Non-Effluent Producing: shall mean an industrial use which either
does not discharge waste water or discharges waste water from one or more of the
following sources only: a) sanitary sewage from employee washrooms; b) storm water
drainage; and c) water used for indirect cooling and pressure testing of equipment and
for other ancillary purposes.
3.7.5 Infrastructure: means a physical structure (facilities and corridors) that forms the
foundation for development. Infrastructure includes: sewage and water systems, septic
treatment systems, waste management systems, electric power generation and
transmission facilities, communication/telecommunications facilities, transit and
transportation corridors and facilities, oil and gas pipelines and associated facilities.
3.7.6 Inn: shall mean a facility providing overnight accommodation and dining in one (1) main
building or in two (2) or more connected or adjacent buildings designed and used
mainly for the purpose of catering to the needs of the travelling public by supplying
foods, refreshments or both and furnishing sleeping accommodation of not less than
four (4) guest rooms or other accommodation with or without facilities for banquets and
meetings for the general public. An "Inn" does not include a rooming house, boarding
house or tavern.
3.7.7 Institutional Use: shall mean the use of land, buildings or other structures for some
public or social purpose but not for a commercial use or for a commercial business
purpose and may include governmental, religious, educational, charitable,
philanthropic, hospital or other similar non-business uses.
3.7.8 Landfill: means a facility, operated by a public or private waste management authority
under a Certificate of Approval from the Ontario Ministry of the Environment, for the
disposal and storage of waste materials.
Comprehensive Zoning By-law 1-2014
January 2023
3.7.9 Landscaping: shall mean any 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 to provide a screen to mitigate any objectionable aspects that may
detrimentally affect adjacent land.
3.7.10 Landscaped Area: means an area open to the sky and maintained with any one (1)
or more of the following ground covers: grass; flowers; shrubs; trees; ornamental
stone, block or brick (but not including construction grade aggregate); wood chips;
bark; a water feature. Outdoor recreational facilities accessory to a dwelling or dwelling
unit, decks, patios, terraces and pedestrian walkways, swimming pools, tennis courts,
fenced courts may also form a landscaped area.
Reference to "minimum landscaped area" means the percentage of the lot required to
be maintained as landscaped area. Landscaped area shall not include parking areas,
driveways or outdoor storage areas.
3.7.11 Landscaped Buffer: means a landscaped area or yard located along the perimeter of
a lot or at the boundaries of uses to screen or separate land uses either from one
another or from a street or to maintain sight lines.
3.7.12 Lane: means a subsidiary thoroughfare that is not intended for general traffic
circulation and which provides a public or private means of vehicular access to an
abutting lot.
3.7.13 Laundromat: means an establishment where laundry machines in which only water
and detergents can be used, are made available to the general public for the purpose
of cleaning clothes and other articles made of fabric.
3.7.14 Library: means a facility containing printed, electronic and pictorial material for public
use for the purposes of study, reference and recreation.
3.7.15 Light Repair Shop: means a building or part thereof used for the maintenance and
repair of any one (1) or more of the following goods: appliances; devices for the
assistance of handicapped persons; barbeques; bicycles; clocks; electronic
equipment; furniture; jewellery; lawn and garden equipment; luggage; musical
instruments; scooters; sporting goods; watches.
3.7.16 Loading Space: shall mean a space or bay located on a lot which is used or intended
to be used for the temporary parking of any commercial, industrial or institutional
vehicles while loading or unloading persons, animals, goods, merchandise or materials
used in connection with the main use of the lot or any building thereon, and which has
unobstructed access to a street or lane.
3.7.17 Lodging House: means a dwelling in which a minimum of six (6) persons, not
including staff, are provided with lodging for hire, with or without meals, but does not
include a place of detention or correction, residential care facility, group home, hotel
or motel, private home day care.
Comprehensive Zoning By-law 1-2014
January 2023
3.7.18 Long Term Care Facility: means a facility licensed pursuant to Provincial legislation,
where a broad range of personal care, support and health services are provided for
the elderly, disabled or chronically ill occupants in a supervised setting, and may
include one or more accessory uses, such as common dining, lounging, kitchen,
recreational or medical offices/clinics, but shall not include a retirement home.
3.7.19 Lot: shall mean a parcel or tract of land which is described in a deed or other
document legally capable of conveying land which:
a) is the whole of a lot on a registered plan of subdivision, so long as such registered
plan is not deemed, pursuant to Section 50 of the Planning Act, R.S.O. 1990, c.P.
13, as amended, not to be a registered plan of subdivision, or
b) is all of the land held or owned under distinct and separate ownership from the
ownership of the fee or equity of redemption in abutting land.
3.7.20 Lot: is further defined as:
a) Corner Lot: shall mean a lot situated at the intersection of, or abutting upon, two
or more streets, provided that the angle of intersection of such streets is not more
than one hundred thirty-five (135) degrees and where such adjacent sides are
curved, the angle of intersection of the adjacent sides shall be deemed to be the
angle formed by the intersection of the tangents to the street line, drawn through
the extremities of the interior lot lines.
b) Lot Area: shall be the total horizontal area within the lot lines of a lot.
c) Lot Depth: shall mean the horizontal distance between the midpoints of the front
and rear lot lines. Where there is no rear lot line, lot depth means the horizontal
distance between the midpoints of the front lot line with the apex of the triangle
formed by the side lot lines.
d) Lot Frontage: shall mean the horizontal distance between the side lot lines of a lot
measured at right angles, but where such lot lines are not parallel, the lot frontage
shall be measured perpendicularly to the line joining the midpoints of the front and
rear lot lines at a point 7.5 m (24.5 ft) back from the front lot line, and where such
lot lines meet, the lot frontage shall be measured perpendicularly to the line joining
the apex of the triangle formed by the side lot lines at a point 7.5 m (24.5 ft) back
from the front lot line, and where such lot lines are curved, the lot frontage shall be
measured along the line between the interior side lot line and the intersection of the
tangents to the street lines, drawn through the extremities of the front lot line and
exterior side lot line.
e) Lot Interior: shall mean a lot other than a corner lot which is situated between
adjacent lots and has access to one street.
Comprehensive Zoning By-law 1-2014
January 2023
Comprehensive Zoning By-law 1-2014
January 2023
3.7.21 Lot Coverage: means
a) the percentage of lot area covered by all buildings at grade, combined with:
b) the percentage of lot area covered by the vertical downward projection of all roofs,
cantilevered building walls and other projecting features;
c) for the purposes of lot coverage calculations, the following are not included:
balconies; chimney breasts; cornices; patios; eaves; fire escapes; steps and
ramps; a swimming pool open to the sky; and unenclosed, uncovered decks below
0.7 m (2.5 ft).
3.7.22 Lot Lines: shall mean the boundary lines of a lot defined as follows:
a) Front Lot Line: shall mean the line that divides the lot from a street. In the case of:
i. a corner lot where the shortest of the lot lines that divides the lot from a street
shall be deemed the front lot line;
ii. a corner lot where one lot line abuts a County Road or Provincial Highway, the
front lot shall be deemed to be that line which abuts the County Road or
Provincial Highway shall be deemed the front lot line;
iii. a corner lot where such lot lines are of equal length and both lot lines abut a
public street under the jurisdiction of the Corporation, the county or the province
then the front lot line is deemed to be the street line where the principle
access/entrance to the property is obtained;
iv. a lot that does not abuts a public street but gains access by a laneway or right-
of-way and does not have water frontage on Lake Erie, the front lot line shall be
the lot line that divides the lot from the laneway or right-way;
v. in the case where there is a dispute on the designation of the front lot line, the
Corporation shall designate which lot line is deemed as the front lot line; and
vi. a lot that has water access to Lake Erie, the front lot line is deemed to be the
water's edge as established in a current registered survey.
b) Rear Lot Line: shall mean the lot line farthest from and opposite to the front lot line
but if there is no such lot line, that point furthest from and opposite the front lot line;
c) Side Lot Line, Exterior: shall mean a lot line other than a front or rear lot line which
abuts the street on a corner lot;
d) Side Lot Line, Interior: shall mean the side lot line which does not abut the street
on a corner lot.
3.7.23 Lot, Shallow/Wide: shall mean a lot that has a lot frontage which is greater than the
lot depth by a minimum of 5 m (16 m).
3.7.24 Lot, Through: shall mean a lot bounded on two opposite sides by streets each of which
is at least 10 m (33 ft) wide. However, if the lot qualifies as being both a corner lot and
a through lot, such lot is deemed to be a corner lot for the purposes of this By-law.
Comprehensive Zoning By-law 1-2014
January 2023
3.8
'M, N'
3.8.1 Main Building or Main Structure: shall mean the principle building on the lot.
3.8.2 Main Use: means the principal use or uses of the lot or building.
3.8.3 Main Wall: shall mean the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
3.8.4 Main Entry Feature: means the principle and primary entry way.
3.8.5 Manoeuvring Aisle: means an unobstructed part of a parking area which provides
direct access to a parking space.
3.8.6 Marina: shall mean an area or establishment, with or without buildings, providing
facilities or services for boats or persons travelling by boat, and operated on a
commercial basis or by a company or group of persons such as a club organized for
pleasure or recreational purposes, and may include slips, docks, moorings, waste
disposal arrangements, fuelling facilities, boat storage, the sale, rental or repair of
boats, boat motors or boat accessories and the provision of refreshments.
3.8.7 Material Transfer Center: means a facility used for the salvage of materials from
consumer products, other than motor vehicles or motor vehicle parts, for intended
transfer or resale on or off the premises. Salvaging involves exclusively any one or
more of the following activities: temporary storage; packaging; transferring and
reselling. Salvaging activities take place entirely within a building. Products and
materials are stored entirely within a building and/or, where permitted by this by-law,
in an outdoor storage yard.
3.8.8 Maximum: means at the most or not more than.
3.8.9 May: means permissive.
3.8.9.1 Medical Marihuana Production Facility: means a facility used for the cultivation,
processing, testing, destruction, packing and distribution of marihuana used for
medical purposes as permitted under the federal government.
3.8.10 Medical Office: means the office of any one (1) or more of the following persons:
chiropodist, acupuncturist; alternative medicine practitioner; chiropractor; dentist;
denturist; dietician; nurse; nutritionist; occupational therapist; optometrist; osteopath;
physician; physiotherapist; podiatrist; psychiatrist; surgeon; any other licensed
professional person offering treatment services for the physical, mental or emotional.
health of people.
3.8.11 Micro Brewery: means a facility, not exceeding 300 m2 (3230 square feet) in gross
floor area, used for the manufacture and retail sale of beer or wine, produced
exclusively for consumption elsewhere than on the premises, except when in
combination with a permitted restaurant or entertainment lounge.
3.8.12 Minimum: means not less than, the least or smallest amount or quantity possible,
attainable, or required.
3.8.13 Minimum Distance Separation (MDS): means the minimum distance required
Comprehensive Zoning By-law 1-2014
January 2023
between a sensitive land use and a livestock operation, manure storage facility or an
anaerobic digester, as determined by the minimum distance formulae of the Ontario
Ministry of Agriculture, Farms and Rural Affairs (OMAFRA) as amended from time to
time.
3.8.14 Minimum Yard Requirement: means the minimum distance of a yard required from
a lot line. No part of a required minimum yard for a building or structure shall be included
as part of a required minimum yard for another building or structure. In calculating
minimum required yards, the minimum horizontal distance from the respective lot lines
shall be used.
3.8.15 Mobile Home: means a transportable, factory-built dwelling constructed in accordance
with applicable Canadian Standards Association "CSA" designed to be transported on
its own wheels and chassis or on a flatbed trailer(s) and, when in place, to be supported
on wheels, jacks, posts or piers or on a permanent foundation. A mobile home shall
be distinguished from other forms of prefabricated transportable housing by reason of
a design which permits and features ready transfer from place to place whereas the
latter are intended to be moved only once to a final location. A mobile home may also
be referred to as a manufactured home or park model home.
3.8.16 Mobile Home Park: means a grouping of four (4) or more mobile home dwellings. It
may include an internal road system and common recreational facilities for the
residents and an accessory office and laundry facilities.
3.8.17 Model Home: means a building that is used on a temporary basis as a sales office
and/or as an example of the type of dwelling that is for sale in a related development
and which is not occupied or used for human habitation.
3.8.18 Motel: shall mean one building, or two (2) or more detached buildings for the purpose
of catering to the needs of the travelling public by furnishing sleeping accommodation
with or without supplying food, refreshments, or both, and provided each guest or
sleeping room may be entered from the exterior of the building, and shall include a
motor court, auto court, and all such buildings operating under the Liquor License Act,
R.S.O. 1980 and the Tourism Act, R.S.O. 1980, as amended from time to time.
3.8.19 Motor Vehicle Salvage Operation: means an indoor/outdoor facility used for the
salvaging of motor vehicles and motor vehicle parts. Salvaging activities involve
exclusively any two (2) or more of the following activities: temporary storage;
disassembly; reconditioning; packaging and reselling.
3.8.20 Natural Environment Area: means a lot or part thereof reserved for the protection
and conservation of environmentally significant and/or sensitive natural features,
functions or processes and designated "Natural Environment" in The Corporation of
the Town of Kingsville Official Plan.
3.8.21 Natural Heritage Features and Areas: means features and areas, including
significant wetlands, significant coastal wetlands, fish habitat, significant woodlands
south and east of the Canadian Shield, significant valley lands south and east of the
Canadian Shield, significant habitat of endangered species and threatened species,
significant wildlife habitat, and significant areas of natural and scientific interest, which are
important for their environmental and social values as a legacy of the natural landscapes of
Comprehensive Zoning By-law 1-2014
January 2023
an area.
3.8.22 Naturalized Recreational Facilities: includes but are not limited to uses that include
naturalized ponds, new forested areas, and significant trail and systems including
gathering areas that are of man-made features and do not include natural heritage
features such as significant wetlands or woodlots.
3.8.23 Net Floor Area: means the total floor area measured from the inside face of the
exterior walls of a building or part of a building, but does not include any one (1) or
more of the following: cellars within a dwelling; cloakrooms; corridors; elevator shafts;
hallways; indoor Amenity areas; kitchens, loading areas; lobbies; mechanical rooms;
parking garages; stairwells; storerooms to a maximum of 20% of the total net floor
area; washrooms.
3.8.24 Nightclub: means a premises with a floor area greater than 370 m2 whose primary
function is the provision of pre-recorded music, or live musical entertainment, whether
such pre- recorded music or live music is provided for listening or dancing by the
patrons, or any combination of the above functions, and whose accessory function is
the sale and consumption on the premises of food and alcoholic beverages, but does
not include a restaurant.
3.8.25 Non-Complying: means a building or structure that does not meet a regulation of the
zone in which it is located on the date of passing of this By-law.
3.8.26 Non-Conforming: means a use occurring on the property that is not recognized as a
permitted use for that property and in the zone in which the property is situated.
3.8.27 Non-Effluent Producing: means an industrial use which does not require the direct
consumption of water except for auxiliary facilities such as washrooms or cooling and
pressure testing equipment and does not discharge any waste water, except from such
auxiliary facilities.
3.8.28 Normal Farm Practices: means an agricultural practice, as defined in the Farming
and Food Production Protection Act, 1998, that is conducted in a manner consistent
with proper and acceptable customs and standards, as established and followed by
similar agricultural operations under similar circumstances; or that makes use of
innovative technology in a manner consistent with proper advanced farm management
practices. Normal farm practices will be consistent with The Nutrient Management Act,
2002, and other applicable regulations, as amended from time to time, made under
that Act.
3.8.29 Nursery: means a building or part thereof, in combination with a building and/or lands
for the cultivation, storage and maintenance of trees, plants and other garden and
landscaping products, for wholesale/retail sale and distribution of such products on
and off site.
Comprehensive Zoning By-law 1-2014
January 2023
3.8.30 Nursing Home: shall mean any premises maintained and operated for persons
requiring nursing care or in which such care is provided to two or more unrelated
persons but does not include any premises falling under the jurisdiction of the
Charitable Institutions Act, the Children's Mental Health Services Act, the Children's
Residential Services Act, the Homes for the Aged and Rest Homes Act, the Mental
Hospitals Act, the Private Hospitals Act, or the Public Hospitals Act.
3.8.31 Nutrient Unit: means the 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,
2002).
3.9
'O, P, Q'
3.9.1 Office: shall mean any building or part of a building or any room or suite of rooms
designed, intended or used for the conduct of a profession, occupation or business
and where administrative and clerical functions are carried out in the management of
a business, profession, organization or public administration but shall not include , a
medical office, the retailing of merchandise, the manufacturing, repairing or storage of
goods or any place of assembly or amusement.
3.9.2 Opening: means an area of a main wall that is open from the outside to the inside and
which is treated in a manner that offers a view to the inside from the outside.
3.9.3 Outdoor Display and Sales Area: means an outdoor open space area, used in
conjunction with the main building or structure on the same lot, for the accessory
display and/or sales of produce, merchandise or the supply of services in association
with the primary use of the lot. Such a display and/or sales area may be wholly or
partially contained within a tent structure.
3.9.4 Outdoor Furnace: means any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors for the primary purpose of
combustion of fuel to produce heat or energy used as a component of a heating system
providing heat for any interior space or water source.
3.9.5 Outdoor Market: means a lot or part thereof, occupied for a temporary period by a
collection of booths, stalls, tents or other physically defined areas, in an outdoor
setting, for the retail sale of goods and/or foodstuffs by two or more individual vendors
and operated solely with the approval and consent of a Business Improvement Area
Board of Management or the Corporation.
3.9.6 Outdoor Storage: shall mean the storage of goods in the open air or in unenclosed
portions of buildings that are open to the air on all sides.
3.9.7 Park, Private: means an open space or recreational area other than a public park,
operated on a commercial or private member basis, and which includes one or more
of the following facilities or activities:
a) Areas for walking, horse-riding and cross-country skiing; and/or,
Comprehensive Zoning By-law 1-2014
January 2023
b) Recreational or playground areas such as picnic areas, tennis courts, swimming
pools, band shells, lawn bowling greens, outdoor skating rinks, athletic fields,
refreshment stands and accessory buildings which may include change rooms,
meeting rooms, storage areas and washrooms.
3.9.8 Park, Public: means any area of land under the jurisdiction of a public authority that
is designed and/or maintained for recreational purposes. Without limiting the generality
of the foregoing, a public park may include municipal parks and playgrounds, golf
courses, swimming pools, tennis courts, bowling greens, arenas, trails, boating
facilities and sports fields and ancillary retail uses. However, this definition does not
imply that the public park will be developed for active or recreational uses.
3.9.9 Parking Lot: shall mean an open area of land not located on a public street, private
street or lane that is used for the parking of four or more motor vehicles but shall not
include any area where motor vehicles are for sale or repair or are kept or stored.
3.9.10 Parking Space: means an unobstructed space for the exclusive use of parking of a
vehicle.
3.9.11 Parking Space, Bicycle: means an unobstructed space for the exclusive use of
parking a bicycle.
3.9.12 Patio, Commercial: means an outside area that is accessory to a restaurant and
where food and/or beverages are prepared and/or served in conjunction with the
restaurant use. An outdoor patio shall be used exclusively for dining and shall not
include any recreational or entertainment use or activity.
3.9.13 Patio, Residential: means a defined outside area with a maximum height of 0.3 m (11
in) above average grade, used as an outdoor living and recreating area and is
considered to be accessory to a residence.
3.9.14 Patio, Raised Residential: shall mean a platform made of wood, concrete or other
similar material that has a height less than 0.7 m (2.3 ft) above grade, projecting from
a building or freestanding, open to the sky, and intended for the purpose of outdoor
dining, lounging, and other similar accessory uses.
3.9.15 Permitted: means as permitted by this by-law.
3.9.16 Person: shall include an individual, an association, a firm, a partnership or an
incorporated company, municipal Corporation, agent or trustee and the heirs,
executors, administrators, successors and assignees or other legal representative of
a person to whom the context can apply according to law.
Comprehensive Zoning By-law 1-2014
January 2023
3.9.17 Personal Service Shop: shall mean a building or part thereof in which services are
provided and administered to any individual, or the personal needs of that individual,
or their apparel or their pets and may include one (1) or more of the following: barber
shop; beauty salon; dress making shop; dry-cleaning receiving and delivery depot; a
dry cleaning operation having a maximum gross floor area of 280 m2 (3014 ft2);
duplicating service; laundromat, which may include a coin-operated self-serve
automatic dry cleaning machine; optician; picture framing shop; shoe repair shop; tailor
shop; tanning salon; registered massage therapist facility; or a domestic animal
grooming salon.
3.9.18 Petroleum Operations: means oil, gas and brine wells, and associated facilities, oil
field brine disposal wells and associated facilities, and facilities for the underground
storage of natural gas and other hydrocarbons.
3.9.19 Pharmacy: means a retail store in which the main use is the retail sale of drugs,
pharmaceutical products, medicines and drug sundries.
3.9.20 Pit: means land or land under water from which unconsolidated aggregate is being or
has been excavated but not rehabilitated, but does not include a wayside pit.
3.9.21 Place Of Amusement: means an establishment open for use by the public containing
four or more amusement machines even though one or more such machines may not
be operational, but shall not include a casino or any other establishment
accommodating or providing gambling or gaming activities, wagering or betting, video
lottery or gaming machines, or any other similar type of gambling use, any other place
of entertainment or amusement, or any other use, otherwise defined or classified in
this By-law.
3.9.22 Place Of Assembly: means any land, building or structure or portion thereof used for
the purpose of assembly, where persons may congregate for civic, political, religious,
educational, social, or recreation purposes in any one or more places, rooms or
enclosures, and whether or not seating accommodation is provided, and may include:
a lecture room(s), concert hall, auditorium, a club, lodge, trade union or assembly hall,
a theatre or motion picture theatre, dance hall, or bowling alley.
3.9.23 Place Of Entertainment: means a motion picture or live theatre, arena, auditorium,
planetarium, concert hall and other similar uses but shall not include any adult
entertainment establishment, any use entailing the outdoor operation or racing of
animals or motorized vehicles, a casino or any other establishment accommodating or
providing gambling or gaming activities, wagering or betting, video lottery or gaming
machines, or any other similar type of gambling use.
3.9.24 Place Of Worship: means a facility used by a charitable religious group(s) for the
practice of religious rites.
Comprehensive Zoning By-law 1-2014
January 2023
3.9.25 Planting Strip: means an area of a lot which shall be used for no purpose other than
landscaping, including decorative rock treatments or other required structural features,
a row of trees or a continuous un-pierced hedgerow of evergreens or shrubs. The
remainder of such planting strip shall be used for no purpose other than landscaping
features, planting trees, shrubs, flowers, grass or similar vegetation. Walkways and
driveways accessing the lot from the street are permitted to cross a planting strip.
3.9.26 Porch: means an unheated structure, with a floor and a fixed roof directly above,
primarily intended to provide sheltered access to a building. It may include perimeter
guardrails, a door, seasonal screens or windows.
3.9.27 Portable Asphalt Plant: shall mean a facility:
a) With equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process; and,
b) Which is not of permanent construction, but which is to be dismantled at the
completion of the construction project.
3.9.28 Portable Concrete Plant: means a building or structure:
a) With equipment designed to mix cementing materials, aggregate, water and
admixtures to produce concrete, and includes stockpiling and storage of bulk
materials used in the process; and,
b) Which is not of permanent construction, but which is designed to be dismantled at
the completion of the construction project.
3.9.29 Private Home Day Care: means the use of a dwelling unit for the temporary care for
reward or remuneration of five children or less who are under ten years of age where
such care is provided in a private residence other than the home of a parent or guardian
or any related child for a continuous period and as defined in The Day Nurseries Act,
R.S.O.1990.
3.9.30 Private Road: shall mean a right-of-way, existing on the day of passing of this Bylaw,
which has not been dedicated as a street or accepted or assumed by the Corporation,
but is owned privately and which affords the principal means of access to abutting
separately owned, legally conveyable parcels of land.
3.9.31 Public Authority: shall mean the Government of Canada, Province of Ontario, County
of Essex, The Corporation of the Town of Kingsville and any agency, board, or
commission thereof.
3.9.32 Public Hall: shall mean a building or part thereof where members of the public gather
together for the purpose of any meeting or entertainment whether or not an admission
fee is charged and whether or not such premises are rented or leased by any
organization for any such function. A "Public Hall" does not include a private club, a
fraternal organization, a theatre, a school or a church.
Comprehensive Zoning By-law 1-2014
January 2023
By-law
74-2018
3.9.33 Public Parking Area: means one (1) or more of the following:
a) a parking area which is a main use;
b) a parking area which is accessory to another use, but is not located on the same
lot as the use it is intended to serve;
c) a parking area which is located in accordance with the provisions of subsection (10)
of Section 12, of this by-law.
3.9.34 Public Services: shall mean the buildings, structures and other related works,
necessary for supplying water, gas, oil, electricity, steam, hot water, tele-
communication services, sewage collection and treatment facilities.
3.9.35 Public Use: shall mean any use of any land, building or structure by or on behalf of a
public authority.
3.9.36 Public Utility: means any agency or Corporation that distributes any one (1) or more
of the following services or commodities to the public: telephone, telegraph, natural
gas, cable television, electricity, water.
3.9.37 Public Works Yard: shall mean a facility where salt and/or gravel is stored and motor
vehicles and equipment owned and operated by a public authority.
3.9.38 Qualified Person: is defined as one who by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge, training and
experience, has successfully demonstrated their ability in the field which they are
employed and for which they are being engaged to provide professional advice,
design or direction related but not limited to such items as noise, odour control,
traffic, structural, landscaping etc.
3.10 'R,S'
3.10.1 Railway: means a railway as defined in The Canada Transportation Act, S.C. 1996.
3.10.2 Recreational Trailer, Vehicle or Boats: any vehicle or recreational equipment such
as a boat that is suitable for being attached to a motor vehicle for the purpose of being
drawn, or that is self-propelled, or that is capable of being used for living, sleeping or
eating and the accommodation of human beings and includes a travel trailer, pick-up
camper or tent trailer and/or boat.
3.10.3 Recycling Centre, Packing and Bailing Facility: shall mean a facility where
Recyclable material is received from a generator of waste (O. Reg. 309 of the
Environmental Protection Act), compression of waste into blocks or bales and binding
the blocks with wire, metal, plastic or other material.
3.10.4 Refuse Bin: means a waste receptacle designed to be emptied mechanically by a
commercial waste collection vehicle.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.5 Repair shop: means an establishment used for the servicing, repairing or renting of
articles, goods or materials, and may include an outlet for service and repair done off
premises, but does not include any use involving the sale, rental or servicing of motor
vehicles.
3.10.6 Required: means mandated by this by-law.
3.10.7 Research and Development Use: means the use of buildings or structures or a
portion thereof for scientific research, investigation, testing or experimentation, but
does not include facilities for the manufacture or sale of products, except as incidental
to the main purpose of the facility.
3.10.8 Residential Care Facility: shall mean a residential complex that is occupied or
intended to be occupied by persons for the purpose of receiving housing and a range
of supportive care services. For the purposes of this paragraph, a residential care
facility shall include common dining and recreational space and amenities that assist
occupants with day to day living. A residential care facility shall not include:
a) a residence or facility primarily used for the temporary or permanent occupancy by
inmates, or adults placed on probation or released on parole;
b) a residence or facility primarily used for the temporary or permanent occupancy of
transient or homeless persons;
c) a residence or facility primarily for the treatment and rehabilitation of persons who
are addicted to drugs or alcohol.
3.10.9 Residential Use: shall mean the use of a building or structure or parts thereof as
a dwelling.
3.10.10 Restaurant: means a building or part thereof used primarily for the preparation and
serving of food and beverages to patrons for immediate consumption therein or
within a physically defined open air sit down eating area located on the same lot
therewith.
3.10.11 Rest Home: shall mean a home for the aged or a rest home established and
maintained under the Homes for the Aged and Rest Homes Act.
3.10.12 Retail Store: shall mean a building or part of a building where goods, wares,
merchandise, articles or things are offered or kept for sale at retail and includes
storage on or about the store premises of limited quantities of such goods, wares,
merchandise, articles or things sufficient only to service such store but does not
include any wholesale business or business supply use or any establishment
otherwise defined or classified herein.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.13 Retirement Home: means a facility that provide accommodation primarily to retired
persons or couples where each private bedroom or living unit has a separate private
bathroom and separate entrance from a common hall but where common facilities for
the preparation and consumption of food are provided, and where common lounges,
recreation rooms and medical care and personal service facilities may be provided.
3.10.14 Riding Stable: means facilities where horses are maintained and rented for short
term recreational use by the public.
3.10.15 Right-Of-Way: means a privately owned easement or right-of-way for the purpose of
providing primary access to a property, having a minimum width of 7.5 m (25 ft) and
being constructed to an acceptable standard to the Corporation, which fronts on an
assumed public street which street has a width of 20 m (66 ft) or more and which
street is of satisfactory construction and maintenance to permit reasonable and safe
passage of pedestrians and motor vehicles travelling in two directions and which
street is maintained by the Corporation on a year round basis.
3.10.16 Right-Of-Way Laneway: means an easement or right-of-way for the purpose of
providing secondary access to the rear of a property, having a minimum width of 5.5
m (18 ft) and being constructed to an acceptable standard to the Corporation. The
laneway must front on an assumed public street which street has a width of 20 m (66
ft) or more and which street is of satisfactory construction and maintenance to permit
reasonable and safe passage of motor vehicles travelling in two directions and which
street is maintained by the Corporation on a year round basis.
3.10.17 Roadside Stand: means a building, used for the display and retail sale of products
produced on the farm and located on the same lot as the farm.
3.10.18 Rural Residential: means a lot (outside of the designated settlement areas) that
is used for residential and accessory residential purposes.
3.10.19 Sales and Service Establishment: shall mean a lot, building or structure where the
business of selling goods and materials is conducted and may include the display,
storage and sale of such goods and materials; the storage, display and sale of related
accessory goods and materials, and related offices, showrooms and sales rooms.
3.10.20 Salvage Yard: means an area outside of an enclosed building where scrap metal
and motor vehicles are disassembled and dismantled, or where motor vehicles in an
inoperable condition or used vehicle parts, or scrap metals, are stored or resold.
3.10.21 Sanitary Sewer: shall mean an adequate system of underground conduits, operated
either by a municipal Corporation or by the Ministry of the Environment, which carries
sewage to an adequate place of treatment which meets the approval of the Ministry
of the Environment.
3.10.22 School: shall mean an educational establishment under the jurisdiction of the Essex
County Board of Education, the Essex County Roman Catholic Separate School
Board, Conseil Scolaire Catholique Providence or a school operated under charter
granted by the Province of Ontario.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.23 School, Commercial: means an establishment used as a school conducted for gain,
including a studio of a dance teacher or a music teacher, an art school, a golf school,
school of calisthenics, business or trade school and any other such specialized
school.
3.10.24 School Portable: Means a temporary building or structure designed to serve as a
classroom on a lot that is also the site of a public school.
3.10.25 School, Private: means an establishment used as an academic school which
secures the major part of its funding from sources other than government agencies.
3.10.26 Seasonal: with reference to a use or activity, means a use or activity
permitted exclusively from or within the period of May 1 to October 31 of any given year.
3.10.27 Sensitive Land Use: means buildings or outdoor Amenity areas, where occupants
or users doing routine or normal activities, at reasonably expected times, would
experience one or more adverse effects from contaminant discharges generated by
a nearby facility or operation. Sensitive land uses may be part of the natural or built
environment and include, but are not limited to dwellings, day care centres and
educational and health establishments.
3.10.28 Service Shop: shall mean any building or part thereof where appliances and
machinery are serviced, or repaired and includes a building trade establishment and
accessory retail uses but excludes any manufacturing, processing, or wholesaling.
3.10.29 Setback: shall mean the horizontal distance between the centreline of the road and
nearest part of any main wall of any building or structure, measured at right angles to
such centreline, and extending the full width of the lot.
3.10.30 Shall: means mandatory.
3.10.31 Shopping Centre: shall mean a group of non-residential uses predominantly retail and
service commercial in nature and design, developed and managed as a unit by a single owner
or tenant, or group of owners or tenants, as opposed to a business area comprising unrelated
individual business uses.
3.10.32 Sidewalk: means a paved or concrete area within the municipal right-of-way that is designed
for use by pedestrian.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.33 Sight Triangle: shall mean the triangular space at intersecting streets or driveways,
which triangular space shall be measured at a distance of not less than 9.1 m (30 ft.)
in both directions (or as more specifically outline in this by-law or by a public authority)
from the point of intersection measured along the lot line formed between a street or
driveway, Where the intersection is formed between a street and driveway the
distance shall be measured along the intersecting lot line and edge of the driveway.
(See "Illustration of Sight Triangle" for clarification)
Comprehensive Zoning By-law 1-2014
January 2023
3.10.34 Sign: means any board, plate, panel, object, surface or device upon, within, against,
through or by which there is inscribed, painted, affixed, borne, or projected any
declaration, demonstration, insignia or illustration used for the purpose of direction,
information, advertisement, promotion or identification including any sign structure
related thereto, structural trim, and advertising device related thereto.
3.10.35 Significant: shall mean:
a)
in regard to wetlands and areas of natural and scientific interest, an area identified
as provincially significant by the Ontario Ministry of Natural Resources & Forestry
(MNRF)using evaluation procedures established by the Province, as amended from
time to time. While some significant resources may already be identified and
inventoried by official sources, the significance of others can only be determined
through evaluation.
b)
in regard to the habitat of endangered species and threatened species, means the
habitat, as approved by the MNRF, that is necessary for the maintenance, survival,
and/or the recovery of naturally occurring or reintroduced populations of
endangered species or threatened species, and where those areas of occurrence
are occupied or habitually occupied by the species during all or any part(s) of its life
cycle;
c)
in regard to valley lands, wildlife habitat, woodlands, areas that are ecologically
important in terms of features such as species composition, age of trees and stand
history; functionally important due to its contribution to the broader landscape
because of its location, size or due to the amount of forest cover in the planning
area; or economically important due to site quality, species composition, or past
management history;
d)
in regard to other features, ecologically important in terms of features, functions,
representation or amount, and contributing to the quality and diversity of an
identifiable geographic area or natural heritage system;
e)
in regard to mineral potential, means an area identified as provincially significant
through comprehensive studies prepared using evaluation procedures established
by the Province, as amended from time to time, such as the Provincially Significant
Mineral Potential Index;
f)
in regard to potential for petroleum resources, means an area identified as
provincially significant through comprehensive studies prepared using evaluation
procedures established by the Province, as amended from time to time; and
g)
in regard to cultural heritage and archaeology, resources that are valued for the
important contribution they make to our understanding of the history of a place, an
event, or a people.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.36 Small Biomass Energy System: means a biomass energy electrical generation
system, having a nameplate generating capacity of less than 5 megawatts, being an
accessory use primarily for the generation of electrical power for direct on-site
consumption by the owner/operator.
3.10.37 Small Solar Energy System: means a building mounted or ground supported solar
powered electrical generating system, consisting of solar panels and all
appurtenant electrical and mechanical systems, being an accessory use primarily
for the generation of electrical power for direct on-site consumption by the
owner/operator. The total land area used for a small solar energy facility is less than
2 ha (4.9 acres).
3.10.38 Small Wind Energy System: means a wind energy electrical generating system
having a nameplate generating capacity of not more than 50 kilowatts and consisting
of a bladed turbine and supporting structure having a maximum hub height of 36 m
(118 ft) and all appurtenant electrical and mechanical systems, being an accessory
use primarily for the generation of electrical power for direct on-site consumption by
the owner/operator.
3.10.39 Stacking Lane: means an area for a temporary parking to be used exclusively for
motor vehicles whose occupant(s) are awaiting drive through service or are waiting
to be provided with goods, materials or services.
3.10.40 Storage Container: means any portable device that is open or closed, in which a
material can be stored, handled, treated, transported, recycled or disposed.
3.10.41 Storey: shall mean that portion of a building:
a) which is situated between the surface of any floor and the ceiling above it; and
b) which is more than sixty percent (60%) above the average finished grade, and
c) which has a height of not less than 2 m (6.5 ft) and includes an attic having not
less than 2 m (6.5 ft) headroom for at least fifty percent (50%) of the attic floor
area.
3.10.42 Street: means a public highway or public road under the jurisdiction of either the
Corporation, County or the Province of Ontario, and includes any highway as defined
in the Public Transportation and Highway Improvement Act or the Municipal Act or
successor Legislation, but does not include a lane or private right-of-way.
3.10.43 Street, Private: means a private thoroughfare not under the jurisdiction of the
Corporation, the County or the Province of Ontario or created through the
registration of a plan of condominium.
Comprehensive Zoning By-law 1-2014
January 2023
3.10.44 Structure: shall mean anything that is erected, built or constructed of parts joined
together and which is fixed to or supported by the soil, any other structure or both,
including permitted outside storage of goods and materials, but not a terrace, patio,
or sign.
3.10.45 Studio: means an establishment or part thereof used as a working place for the
creation of paintings, sculptures, pottery, glass, wrought iron and other objects or
items that are the subject of art.
3.10.46 Supermarket: shall mean a retail store having at least 700 m2 (7,534 ft2) of gross
floor area and in which the sales of a balanced line of groceries, bakery products,
dairy products, canned and/or frozen foods, prepared meats, fresh meats, fish and
poultry, fresh fruits and vegetables and other food lines from the dominant business
activity and some of which may be prepared, processed or packaged on the
premises. In addition, limited lines of non-food items may be carried including
newspapers, magazines, paper products, soft drinks, tobacco items, health and
beauty aids, small housewares and similar convenience goods.
3.10.47 Swimming Pool: shall mean any manmade structure that may be used to contain
water for the purposes of swimming, wading or bathing purposes but shall not include:
a) a manmade pond; b) irrigation lagoon that is used for agricultural purposes; c) a
temporary excavation below the water table; or d) a portable wading pool that is
emptied after each use.
3.11
'T, U, V, W, X, Y, Z'
3.11.1 Take-Out Food Outlet: means a retail store for the sale, exclusively to walk-in
customers, of prepared food for consumption elsewhere than on the premises and
may also include the preparation of food sold at retail.
3.11.2 Tavern: shall mean an establishment where alcoholic beverages are sold to be
consumed on the premises and shall include all such buildings operating under the
Liquor License Act, R.S.O. 1980, as amended.
3.11.3 Technical Errors: may include typographical, grammatical, spelling, section
numbering, metric conversion, transposition errors and minor mapping
irregularities.
3.11.4 Temporary Outdoor Vendor's Site: means a lot or part thereof used for the
temporary display and retail sale of goods by a single vendor licensed by the
Corporation. It may include, in combination therewith, a temporary greenhouse, tent
or other structure erected and maintained solely for the duration of the license
period, in accordance with the provisions of the license.
3.11.5 Tent: means every kind of temporary shelter for sleeping that is not permanently
affixed to the site and that is capable of being easily moved.
Comprehensive Zoning By-law 1-2014
January 2023
3.11.6 Technology Industry: means a building or structure used for the manufacturing,
assembling, repair, packaging, or storage of specialized technical equipment
including computers, electronics and communication devices.
3.11.7 Theatre: means a building or part thereof used as a theatre as defined by The
Theatre Act, R.S.O. 1990.
3.11.8 Top of Bank: shall mean when used with reference to a watercourse, the highest
elevation of land which ordinarily confines the waters of such watercourse when they
rise out of the stream bed or as more specifically determined by the Essex Region
Conservation Authority
3.11.9 Trade and Convention Centre: means a facility where facilities are provided for the
displaying of goods and/or services for the general public, such as an auto show or
a computer trade show or where groups of people meet for civic, educational,
political, religious or social purposes.
3.11.10 Trailer: shall mean any vehicle so constructed that it is suitable for being attached
to a motor vehicle for the purpose of being drawn or propelled by a motor vehicle,
or is self- propelled, and capable of being used for temporary living, sleeping or
eating accommodation of persons therein for seasonal travel, recreation and
vacation activity, notwithstanding that such vehicle is jacked up or that its running
gear is removed. This definition shall include tent trailers, motor homes, truck
campers, or similar transportable accommodation but shall not include a mobile
home as defined herein.
3.11.11 Trailer Park: See Campground.
3.11.12 Transport Terminal: a premises used for the transfer of goods primarily involving
loading and unloading of freight-carrying trucks, and secondarily, involving the
storing, parking, servicing and dispatching of freight-carrying trucks.
3.11.13 Travel/Tent Trailer: means a trailer which is designed to be temporarily utilized for
living, shelter and sleeping accommodation, with or without cooking facilities and
which has running gear and towing equipment that is permanently attached, has a
current license and is not permanently affixed to the ground.
3.11.14 Truck Trailer: shall mean any vehicle so constructed that it is suitable for being
attached to a truck for the purpose of being drawn or propelled by a motor vehicle,
or is self-propelled, and capable of being used for transporting goods, storage of
goods and merchandise notwithstanding that such vehicle is jacked up or that its
running gear is removed.
3.11.15 Unit: when used in reference to a nursing home or rest home shall mean a room
providing sleeping accommodation for not more than four individuals. For the
purposed of this definition, a single room, double room or small ward with four (4) or
fewer beds shall each be considered one (1) unit.
Comprehensive Zoning By-law 1-2014
January 2023
3.11.16 Urban Centre: means an urbanized area designated "Urban centre" in The
Corporation of the Town of Kingsville Official Plan.
3.11.17 Use: when used as a noun, shall mean the purpose for which any land, building or
structure is designed, arranged or intended to be occupied or used, or for which it is
occupied, used or maintained; when used as a verb, it shall have a corresponding
meaning.
3.11.18 Use: when used as a verb means anything done by any person or permitted, either
directly or indirectly by any person, for the purpose of making use of a lot or part
thereof, building or part thereof or other structure or part thereof.
3.11.19 Use, Accessory: means a use, customarily and normally subordinate to, incidental
to and exclusively devoted to a main use of land or building, and located on the same
lot.
3.11.20 Vehicle: shall mean a wheeled means of transport for the transportation of
passengers and/or goods and without limiting the generality of the foregoing,
includes automobiles, motorcycles, trucks, buses, ambulances, hearses, motor
homes, tractors, self-propelled farm machinery and trailers, and vehicular shall
have a corresponding meaning.
3.8.32 Vehicle, Commercial: means a motor vehicle, used or intended to be used for
commercial purposes and having permanently attached thereto a truck or delivery
body and may include, without limiting the foregoing, catering or canteen trucks,
buses, cube vans, tow trucks, tilt and load trucks, dump trucks, transport tractors,
hearses, fire apparatus, taxis and limousines.
3.11.21 Veterinary Clinic and /or Office: shall mean a facility for the veterinary care of
dogs, cats and other household pets and includes provision for overnight
accommodation on the premises.
3.11.22 Warehouse: means a building or part thereof used for the storage of parts, materials,
equipment or other goods and products and may include their loading, unloading,
packaging or unpacking.
3.11.23 Waste: means ashes, garbage, refuse, domestic waste, industrial waste or municipal
refuse and other such materials as may be designated as waste from time to time in
the regulations of the Environmental Protection Act, R.S.O. 1990, c. E-19, as
amended.
3.11.24 Waste Composting Facility: means:
a) Any land upon, into, in or through which, or building or structure in which organic
waste that is to be diverted from landfill is deposited, stored, processed and
recycled into compost for retail and wholesale purposes; and,
b) Any operation carried out or machinery or equipment used in connection with the
depositing, storage, transfer, processing or recycling referred to in clause (a).
Comprehensive Zoning By-law 1-2014
January 2023
3.11.25 Waste Disposal Site: means any land upon, into or through which, a building or
structure in which, waste is deposited, disposed of, handled, stored, transferred,
treated or processed and includes any operation carried out or machinery or
equipment used in connection with the depositing, disposal, handling, storage,
transfer, treatment or processing of waste.
3.11.26 Waste Management Facility: means the use of land, buildings or structures for the
management of waste, including the collection, handling, sorting, transportation,
storage, recovery and disposal thereof, but does not including a recycling facility.
3.11.27 Waste Storage Area: means space allocated either within a main building or in an
accessory building, structure or enclosure where garbage, refuse or recycling
materials generated on the same lot are temporarily stored while awaiting disposal,
but does not include any storage for hazardous waste or materials.
3.11.28 Waste Transfer Station: means the use of land for the collection of waste into bulk
containers for the further transport to a land fill site, recycling facility or other waste
disposal facility.
3.11.29 Waterlot, Private: A water lot, private, is a privately owned piece of land underlying a
waterbody (MNR Publications: NRVIS/OLIW Data Management Model for Water Lot:
http://publicdocs.mnr.gov.on.ca/View.asp?Document_ID=13289&Attachment_ID=25982)
3.11.30 Watercourse: shall mean the natural channel for a stream of water and for the
purpose of this By-law includes any watercourses shown on Schedule "A".
3.11.31 Wayside Pit: means a temporary pit opened and used by or for a public authority
solely for the purpose of a particular road construction project.
3.11.32 Wetland: 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 ground surface. In
either case, the presence of abundant water has caused the formation of hydric
soils and has favoured the dominance of either hydrophytic plants or water tolerant
plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Such lands are designated "Wetland" in The Corporation of the Town of Kingsville
Official Plan. Periodically soaked lands and former wetlands being used for
agricultural purposes, which no longer exhibit wetland characteristics, are not
considered to be wetlands for the purposes of this definition.
3.11.33 Wholesale Store: means a building or part thereof used for the sale of goods
exclusively for resale, manufacture or construction, but does not include the
processing, manufacturing, or assembling of those goods.
3.11.34 Wind Turbine: means wind driven blades attached to an electrical power generator
all mounted on a supporting tower or other structure, as well as all power convertors
and other on-site facilities for the storage and transmission of electrical power
generated by the wind energy system.
Comprehensive Zoning By-law 1-2014
January 2023
3.11.35 Wind Turbine Height: means the height of a wind turbine measured from the lowest
point of its base at the ground to the tip of the rotor blade at its highest point of
rotation.
3.11.36 Winery: shall mean a building or part of a building where wines are produced and
may include wine tasting, storage, display, retail and any associated outdoor patio
area, on-site dining facilities, processing and administrative facilities, a farm produce
outlet, a vineyard and uses normally incidental and accessory to the foregoing.
3.11.37 Wood Chipping Establishment: Means a facility in which timber from the same lot
or from another location is fed into a wood-chipping machine for the purpose of
producing woodchips and which may include, as an accessory use, the retail sale of
the woodchips to the public.
3.11.38 Workshop: means part of a building where goods are crafted, fabricated, assembled
and/or packaged primarily for sale in a retail store or a wholesale store located in the
same building or on the same lot therewith.
3.11.39 Yard: shall mean an open space on the same lot with a main building or structure,
unoccupied and unobstructed except as otherwise provided in the By-law. In
determining yard measurements the minimum horizontal distance between the main
building or structure and the respective lot lines measure perpendicular from the lot
line shall be used:
a) Front Yard: shall mean a yard extending across the full width of a lot between
the front lot line and the nearest wall of the main building on the lot;
b) Rear Yard: shall mean a yard extending across the full width of a lot between
the rear lot line and the nearest wall of the main building on the lot;
c) Side Yard, Interior: shall mean a yard between the side wall of the main
building or structure on the lot and the side lot line and extending from the front
yard (or front lot line if no front yard is required) to the rear yard (or rear lot line if
no rear yard is required);
d) Side Yard, Exterior: shall mean a side yard which abuts the street on a corner lot.
3.11.40 Zone: shall mean an area delineated on a Zoning Map Schedule and established
and designated by the By-law for a specific use or group of uses.
3.11.41 Zoning Administrator: shall mean the officer or employees of the Corporation
charged with the duty of enforcing the provisions of the Comprehensive Zoning By- law.
Section 4 General Provisions
4.1
Application of General Provisions
The provisions of this Section shall apply to all zones and defined areas except as may
otherwise be indicated.
4.2
Accessory Buildings and Structures
a) Where this By-law provides that land may be used or a building or structure may be
erected or used for a purpose, that purpose shall include any accessory uses,
buildings or structures located on the same lot as the principle use to which they are
related;
b) Accessory buildings and structures shall not be built closer to the front lot line or
exterior side lot line than the minimum distance required by this By-law for the
main building on the lot unless the lot abuts Lake Erie. It is permitted to locate
accessory buildings within 1 m (3.3 ft) of the front lot line (shoreline) for those lots
that abut Lake Erie;
c) On a through lot, an accessory building shall have a minimum setback from the
rear lot line equal to the minimum front yard depth required for a main building on
the lot;
d) No accessory building or structure shall encroach into a sight triangle for a County
Road, a street or a laneway.
e) No accessory building or part thereof is permitted within 1.8 m (6 ft) of any other
building located on the same lot;
f) A detached garage, detached carport or other accessory building which does not
contain a dwelling is permitted in front of a dwelling in an Established Residential
(ER) zone subject to the required front yard setback and must maintain a rear yard
and/or a side yard setback of 1.5 m (5 ft.) minimum.
g) Accessory buildings shall be limited to a maximum lot coverage of 12% of the total
lot area. Notwithstanding the maximum lot coverage of all accessory buildings, the
lot coverage on property in a commercial or industrial zone shall be limited to 20%
of the total lot area or 50% of the gross floor area of the main building, whichever
is less.
h) Accessory buildings and structures shall not exceed the following heights:
i) in all residential zones or lots with a total area of less than 2 ha where the
accessory building does not contain a dwelling - 5 m (16.4 ft);
ii) in all residential or agricultural zones where an accessory building is
constructed to include an additional dwelling unit, - 6.5 m (21.3 ft);
iii) in all other zones - equal to the permitted height of the Main Building unless
otherwise specified.
i) Notwithstanding any other provision of this by-law, the maximum building height for
an accessory building which contains a dwelling unit is prohibited from exceeding
the building height of the Main Building.
j) Accessory buildings and structures shall not be built closer than 1 m (3.3 ft) to any
interior side lot line and 1 m (3.3 ft) to any rear lot line except:
i) that common semi-detached private garages or carports may be centered on a
mutual side lot line;
ii) that in the case where a side or rear lot line for a commercial or industrial use
abuts a residential or holding residential zone, accessory uses, buildings or
structure shall comply with the minimum required yard for the main building on
the lot.
iii) that any accessory building which is new construction or a new addition to an
existing accessory building to include an additional dwelling unit, shall maintain
a minimum separation of 1.2 m (4 ft) from a rear lot line or side lot line. This
minimum separation does not apply to any portion of an existing building which
is not being altered;
iv) that any accessory building with a height over 5 m (16.4 ft.) shall maintain a
minimum separation of 1.5 m (5 ft) from a rear lot line or side lot line;
k) Accessory buildings and structures to be located between the front and rear wall of
a dwelling shall not be built closer to the side lot line than the minimum distance
required by this By-law for the main building.
l) Notwithstanding any other provision of the by-law to the contrary all pools, for the
purpose of setbacks, shall be considered an accessory structure.
4.3
Accessory Dwelling unit in a Commercial/Industrial Zone
The following provisions shall apply to an accessory dwelling unit in a non-residential
building where it is permitted by this By-law:
a) pedestrian access to an accessory dwelling unit shall be provided from an adjacent
street or public lane and shall be for the sole use of the occupants of the said
accessory dwelling and shall be separate from the access to the commercial portion
of the building;
b) in addition to the minimum number of parking spaces required for the main use of
the structure, the following parking spaces shall be provided on the same lot:
i) a minimum of 1 parking space per dwelling unit when the structure is within a
Central (C2) Commercial zone;
ii) a minimum of 1.5 parking spaces per dwelling unit when the structure is within
any other zone categories.
c) i) No new commercial or industrial building wherein gasoline or any other highly
flammable, toxic, or explosive products are handled for commercial purposes in
association with any non-residential use shall have a dwelling unit unless the
unit can be installed in compliance with the Ontario Building Code (OBC) and
subject to any applicable TSSA requirements This shall include, but shall not be
limited to, such uses as an automobile service station, a heavy manufacturing
use, a propane transfer facility, a transport terminal, recreational vehicle sales,
service and storage establishment, a bus terminal, or a marina.
ii) Where an existing commercial or industrial building contains uses identified
under Subsection c) i) above and contains a dwelling unit within the building,
the residential unit is considered to exist.
iii) Where an existing commercial or industrial building and the use of the
commercial or industrial establishment changes to a new use involving the
aforementioned products under c) i), the said dwelling unit shall immediately
cease to be occupied as a dwelling unit and shall not be used as a dwelling unit
as long as the aforesaid mentioned products are handled in association with the
non-residential use in the commercial area of the building unless the unit can
be retrofitted in compliance with the Ontario Building Code (OBC) and subject
to any applicable TSSA requirements
d) the dwelling unit(s) shall be either located on the upper floors, or at the rear of the
main floor; and
e) the dwelling unit(s) shall be subordinate provided the dwelling unit(s) do not
occupy more than 50% of the main floor.
4.4
Accessory use
When an accessory use is situated within the main building or is situated in an
accessory building that is attached to the main building, the maximum lot coverage for
the accessory and main uses shall be the same as the total lot coverage permitted for
the freestanding main and accessory buildings, where such separate provisions apply.
4.5
Bed and Breakfast
The following provisions shall apply to a bed and breakfast establishment, where it is
permitted by this By-law:
a) the bed and breakfast establishment must have road frontage on a maintained,
year round accessible public road;
b) bed and breakfast establishments are only permitted within a single detached
dwelling;
c) the use of the dwelling for a bed and breakfast establishment does not change the
residential character of the dwelling;
d) the owner or operator of the bed and breakfast must reside within the dwelling
where the guest bedrooms are provided;
e) a maximum of 4 guest rooms shall be used for the bed and breakfast;
f) up to a maximum of 30% of the dwelling, with the exclusion of the guest rooms,
shall be utilized for the bed and breakfast facility;
g) the guest bedrooms to be used for the bed and breakfast are not located in an
accessory building or structure;
h) two parking spaces shall be provided on site for the dwelling;
i) in addition to the two parking spaces required for the residence in h) above, the
bed and breakfast shall have one on-site parking space provided for each
bedroom being used by the bed and breakfast up to a maximum of four on-site
parking spaces associated with the bed and breakfast establishment;
j) the bed and breakfast establishment does not include a liquor licensed premise or
other facilities for the servicing of alcoholic beverages to the general public;
k) no portion of a guest room is located below grade or within a basement, walkout
basement or cellar;
l) the bed and breakfast is not combined with any other home occupation, home
industry, group home or boarding house;
m) outdoor Amenity space associated with the bed and breakfast is to be used solely
for guests staying in the guest rooms and cannot be rented or otherwise lent for
use for conventions or special occasion events;
n) the indoor Amenity space associated with the bed and breakfast shall not be rented
or otherwise lent for use except by the guests staying in the four guest bedrooms;
o) one non-illuminated sign mounted on a post or front face of the wall is permitted
with a maximum of 0.9 m x 0.9 m (3 ft x 3 ft) dimension to a maximum sign face of
0.8 m
2 (9 ft
2);
p) no portion of a guest room contains facilities for the preparation of meals; and
q) all other applicable provisions of this By-law shall be in compliance.
4.5.1 Boarding, Lodging, and Rooming Houses
The following provisions shall apply to a boarding, lodging, and rooming house,
where it is permitted by the By-law:
a) The maximum number of persons permitted to live in a boarding, lodging, and
rooming house is the lesser of the occupancy limit set by the Windsor-Essex
County Health Unit, the Town of Kingsville Fire Department, or the Town of
Kingsville Building Department.
b) Boarding, lodging, and rooming houses shall not be permitted in the same
building as an agricultural operation or agricultural processing establishment,
with the exception of office uses.
c) A boarding, lodging, and rooming house - Agricultural shall have a minimum
setback of 10 metres (32.8 ft.) from any building that as part of an agricultural
operation has the following use:
i. Storage of chemicals, fuels, pesticides, insecticides, or any other potentially
toxic and or noxious substance;
ii. Storage and/or processing of solid or liquid waste;
iii. Packing and/or shipping or products;
iv. Heating, ventilation, or air conditioning, co-generation, or any other activity
which produces significant ambient noise or vibrations.
d) Boarding, lodging, and rooming houses shall include a minimum of 4 square
metres per occupant of outdoor amenity area/space.
e) Notwithstanding section 4.5.1 (d), where a boarding, lodging, and rooming house
is within a certain distance of a public park, the required minimum outdoor
amenity area/space is reduced as directed in Table 1.1:
Table 1.1. Minimum Outdoor Amenity Area/Space reductions
Distance from public park
Measured from lot line to lot line
Reduction of minimum outdoor
amenity area/space (%)
200 m or less
50% reduction
201 m to 400 m
40% reduction
401 m to 600 m
30% reduction
601 m to 800 m
20% reduction
801 m to 1 km
10% reduction
4.6
Boat Docks and Boathouses
Notwithstanding any other provision of this By-law, a boat house, pump house or a
dock may be erected and used in the rear yard of a lot abutting a navigable waterway
provided such accessory building or structure is located no closer than 1 m (3.28 ft.)
to the side lot line, and that no building or structure shall exceed 5.2 m (17 ft.) in height
above the high water datum.
4.7
Commercial Patio
Where a commercial restaurant patio is permitted, the following provisions shall apply:
a) The restaurant patio is permitted as an accessory use to a permitted restaurant;
b) Patio seating shall not exceed 50% of the capacity of the restaurant;
c) The restaurant patio shall be located within 3.0 m (9.8 ft.) of the restaurant use for
which it is required;
d) A restaurant patio is not permitted in any yard abutting a Residential Zone.
4.8
Conversion of Seasonal Dwellings for Permanent Occupancy
The conversion of a seasonal dwelling for permanent occupancy as a single detached
dwelling may be permitted provided that:
a) the lot is serviced by a public water supply;
b) the lot is suitable for use with a septic tank or other on-site sewage system on a
permanent basis as approved by the Corporation, or where the lot is located within
a defined sewer service area it shall be serviced by a public sanitary sewage
system; and
c) the lot and any buildings thereon meet the minimum requirements prescribed for
the applicable zone.
4.9
Decks (unenclosed and uncovered)
Unenclosed and uncovered decks are permitted to encroach:
a) into any required front, exterior side yard or rear yard, without restriction when a
deck has a maximum floor height of 0.7m (2.3 ft.) above the ground.
b) When a deck or that part thereof has a floor height of greater than 0.7 m (2.3 ft.)
and less than 1.2 m (4 ft.) above the ground:
i.
may encroach into a required front yard a maximum of 2 m (6.5 ft.), but not
within 3 m (10 ft.) of a front lot line;
ii. may encroach into a required rear yard a maximum of 2 m (6.5 ft.) but not
within 5 m (16.4) of the rear lot line;
iii. may encroach into an exterior side yard a maximum 2 m (6.5 ft.) but not within
3.5 m (11.5 ft.) of the exterior side lot line;
iv. may not encroach into an interior side yard;
c) When a deck or part thereof has a floor height of greater than 1.2 m (4 ft.) above
the ground:
i.
may encroach into a required front yard a maximum of 1.5 m (5 ft.), but not
within 5 m (10 ft.) of a front lot line;
ii. may encroach into a required rear yard a maximum of 1.5 m (5 ft.) but not
within 6 m (19.5 ft.) of the rear yard;
iii. may encroach into an exterior side yard a maximum 2 m (6.5 ft.) but not within
4 m (13 ft.) of the exterior side yard;
iv. may not encroach into an interior side yard.
4.10 Enclosed Storage
Where accessory enclosed storage is permitted in a Zone, the following provisions
apply:
a) enclosed storage shall be permitted only in a rear or interior side yard and shall not
be located any closer than 9.0 m (29.5 ft.) to any street line;
b) enclosed storage shall be screened by opaque fencing or masonry wall with a
minimum height of 1.8 m (6 ft.);
c) The height of stored materials shall not exceed the height of screening provided in
accordance with 4.10(b);
d) The enclosed storage area has a maximum lot coverage of 15 percent, 20 percent
on lands zoned Light Industrial and no maximum on lands zoned General Industrial;
and,
e) Enclosed storage shall not be permitted within 7.5 m (24.6 ft.) of any adjoining
Residential Zone or Development Zone boundary or any lot with an existing
residential use.
Notwithstanding the above, temporary outdoor storage may be permitted for a period
of no more than 1 month for display or promotional purposes.
4.11 Established Building Line
On a lot within an Established Residential Zone, Section 6.5 of this by-law, the required
front yard depth may be reduced on the following basis:
a) On an interior lot that abuts lots on which dwellings have setbacks from the front lot
line of less than that required by this by-law, the minimum required front yard depth
is equal to the average front yard depth of the dwellings on the abutting lots;
b) On a corner lot that abuts a lot on which a dwelling is setback from the front lot line
less than that required by this by-law, the minimum required front yard depth is
equal to the front yard depth of the dwelling on the abutting lot, but not less than 3
m (10 ft.);
c) The provisions of paragraphs a) and b) of this subsection also apply to an
accessory garage or carport.
4.12 Exceptions to Maximum Height Regulations
The following architectural features or structures may extend above the maximum
permitted height of any building in any zone, provided that they are erected only to
such height as is necessary to accomplish their purpose:
i)
antenna or other communications system;
ii)
heating systems;
iii)
belfry;
iv)
chimney;
v)
church spire;
vi)
cupola;
vii) fencing;
viii) fire wall;
ix)
heating equipment;
x)
mechanical penthouse;
xi)
silo;
xii) skylight;
xiii) smoke stack;
xiv) solar panels and their supporting structures;
xv) ventilator;
xvi) water tank;
xvii) wind towers;
xviii) grain handling equipment including augers and elevator legs.
4.13 Existing Lots
An existing lot having less than the minimum frontage or area required by this By-law
may be developed for all uses in the applicable zone provided all other regulations of
this By-law are satisfied; and:
a) such lot could have been legally conveyed on the date of passing of this By-law
without consent under Section 50 of the Planning Act, R.S.O. 1990, as amended
from time to time. Lots created by consent on or before the passing of this By- law
and granted subject to the fulfillment of specific conditions shall also be considered
as being legally conveyable for the purposes of this subsection;
b) such lots are serviced by municipal piped water and sanitary sewage disposal
facilities or meet the requirements of the Ministry of the Environment or its
designated agent;
c) such lots front on an open, improved street; and
d) such lots have a minimum frontage of 10.6 m (35 ft);
e) Notwithstanding the minimum lot area requirement of any Zone, where an existing
lot has less than the minimum required lot area and is the subject of an application
under Section 50 (3) of the Planning Act, the retained parcel resulting from that
consent application shall be consider to be in compliance with the minimum lot area
requirement if the existing undersized lot area is not reduced by more than 10% of
the original lot area at the time the application for consent is filed with the Town.
This provision shall only apply to lot additions, lot line adjustments, surplus dwelling
severance, the re-establishment of former lots or other severances where no new
development is occurring.
4.14 Farm Produce Outlet
The following provisions shall apply to a farm produce outlet where it is permitted by
this By-law:
a) the maximum gross floor area of the farm produce outlet building shall be 278 m
2
(3,000 ft
2);
b) the majority (60% or greater) of the product processed, preserved, packed, stored
and/or cooked shall be from the farm;
c) the farm produce outlet shall be operated by the owner of the farm;
d) the farm produce outlet shall be secondary to the main Agricultural Use on the
property;
e) employees shall be restricted to the owner and a maximum of five outside
employees, full time or part time on any given shift;
f) the farm produce outlet may be subject to site plan control if the farm produce outlet
building is greater than 45 m
2 (485 ft
2);
g) all farm produce outlets shall provide parking with 1 space for each 46.5 m²(500 ft
2)
of floor area of the farm produce outlet;
h) the farm produce outlet may include the selling of cooked, preserved or processed
foods where the cooking, preserving and processing of the food product occurs
within a kitchen on site. The kitchen must be licenced or receive a permit from the
necessary health inspection agency;
i) One sign is permitted for the farm produce outlet.
4.15 Floodplain Development Control Area
The Floodplain Developmental Control Area as shown on Schedule "A" of this By-law
is that area which lies within the regulatory (1:100 Year) floodplain of the adjacent
watercourse. Within this area, the extent of the floodway and floodplain can be
determined from the definition of Floodway contained in Section 3 of this By-law.
Development within the Floodway, with the exception of a permeable fence, is
prohibited. That area within the Floodplain Development Control Area but outside of
the Floodway shall only be developed in accordance with the provisions of the
underlying zones and shall be flood proofed to the satisfaction of the Essex Region
Conservation authority to ensure that building openings are located above the
elevation of the 1:100 Year flood level at the building location as detailed in Ontario
Regulation 147/90, as amended, and Ontario Regulation 535/91 Schedule 2, Mapping
Sheets 1 to 9, 13 to 16, 20, 22, 25 and 26, dated February, 1981, all of which are on
file at the office of the Essex Region Conservation authority.
4.16 Greenhouse Facility Regulations and Definitions
The following definitions apply to greenhouse facilities in the Corporation and
are provided for clarification purposes during site plan approval:
Buffering and/or Separation may include the use of fencing, Provincial or
Federal separation standards, berming or screening
Landscaped Open Space shall consist of a combination of grass, trees,
shrubs, flowers and other features as illustrated in an approved site plan.
Outdoor Amenity Space is considered any green space capable of
accommodating recreational space for items such as sports fields, walking
paths or picnic areas.
Sensitive Land Use, for the purpose of greenhouse development and
supplementary to Section 3.10.28, means any non-accessory or off-site
residential use, natural heritage feature, as defined in Provincial Policy
Statement, institutional use, park land or active recreational facilities.
The following regulations apply to greenhouse facilities in the Corporation:
a) Landscaping Buffer/Separation - 5 m, minimum wide abutting the lot line of
a sensitive land use.
b) Bicycle Racks shall be provided for all housed on-site workers and locate
to the rear of the housing facility or appropriately screened from view.
c) Main Driveway Access - 10 m, minimum from an abutting sensitive land
use, secondary access locations shall be determined in consultation with
the Town and County.
By-law
89-2019
d) Loading Area - 100 m, minimum from the nearest residential
dwelling, subject to screening and noise and light abatement during
site plan approval.
4.17 Hazardous Uses
Unless otherwise specifically provided by this by-law, no new dwelling or other
sensitive land use shall be permitted within 150 m (493 ft.) of a lot on which a
sewage lagoon is located on the lot or within 500 m (1,641 ft.) of a Landfill Zone. This
shall not apply to the replacement of a lawfully existing dwelling, provided such
dwelling is located no closer to the sewage lagoon or landfill than as existing.
4.18 Home Occupation
Unless otherwise specifically provided in this by-law, a home occupation is a
permitted use in a dwelling unit, provided that it is conducted in accordance with the
following regulations:
a) No more than one employee is permitted to engage in the business and working
in the home occupation;
b) Notwithstanding subsection a) above, no more than 2 employees are permitted
to be engaged in the business and working in the home occupation where the
subject lot is greater than 0.2 hectares in area or is zoned (A1);
c) a maximum of 25% of the gross floor area or a maximum of 30 m2 (323 ft2),
whichever is the lesser floor area. This limitation shall not apply to guest rooms
and guest facilities within a bed and breakfast dwelling;
d) it is carried on exclusively by the inhabitants of the dwelling unit;
e) it is conducted entirely within the main dwelling, not in a garage or accessory
building;
f) only 1 home occupation shall be permitted on a lot;
g) there shall be no visible indication from the exterior of the dwelling unit that a
home occupation is being carried on except for a sign having a maximum sign
face area of 0.5 m2 (5.4 ft2);
h) there shall be no sale of goods other than those produced on the premises;
i) there shall be no external storage of materials, goods or equipment related to the
home occupation;
j) there shall be no generation of perceptible noise, odour, fumes or dust outside the
dwelling unit;
k) The following home occupations shall only be permitted on a lot that has frontage
or an exterior lot line on a County Road or a major arterial road:
i) a medical office;
ii) a dog groomer.
l) The following uses are prohibited as a home occupation:
i) an adult entertainment establishment;
ii) dating/escort services;
iii) contractors yard;
iv) tattoo parlour;
v) taxi stand, taxi dispatch, taxi establishment;
vi) any use involving the parking, storage, repair, maintenance and/or towing of
motor vehicles, recreational vehicles, commercial trucks or engines;
vii) any use requiring ventilation, other than ventilation typically found in a
residence;
m) a bed and breakfast shall operate in compliance with Subsection 4.5 of this By-law.
4.19 Home Industry
A home industry shall only be permitted in an Agricultural Zone, in conjunction with a
single detached dwelling in an accessory building in accordance with the following
provisions:
a) A home industry is an accessory use only permitted in the 'Agricultural (A1)' Zone.
b) The home industry shall have no outdoor storage of materials, containers or
finished products in the front or side yards;
c) One member, at a minimum, of the household residence must be employed in the
home industry. A maximum of one employee from outside the household residence
may be employed in the home industry;
d) The home industry shall not become a public nuisance, particularly in regard to
noise, traffic, loading or unloading, or parking;
e) Not more than one accessory building with a maximum of 200 sq. m of gross floor
area may be used for the purpose of the home industry;
f) only 1 home industry shall be permitted on a lot;
g) No more than three off-street parking spaces shall be associated with the home
industry;
h) No more than two vehicles, including commercial vehicles, shall be permitted to be
associated with the home industry and parked on the lot associated with the home
industry;
i) A home industry may include, but not be limited to, the following uses: welding shop,
farm implement repair shop, small engine repair shop, painting business for farm
implements and things other than motor vehicles, basement waterproofing, a
carpentry shop, a welding or machine or small tool and equipment repair shop, a
tile drainage contractor, septic tank disposal contractors facility, home craft
operations such as pottery, woodworking or weaving, furniture upholstering and
refinishing, a seed or agricultural products dealer, or any other use similar in nature
which conforms to the preceding criteria.
4.20 Lake Erie Setback and Frontage - Non-Residential Buildings and Structures
West of the urban centre
No part of any building or structure, other than a fence, hedge or shoreline protective
work shall hereafter be erected in any zone or defined area:
a) within 60 m (197 ft) of the top of bank of Lake Erie, measured horizontally along a
line perpendicular to a line drawn along the top of bank where adequate erosion
facilities and shore protection works accounting for 1:100 Year wave run-up levels
as designed or approved by a qualified engineer have not been constructed;
b) within 10 m (33 ft) of the shore protection works along Lake Erie, measured
horizontally along a line perpendicular to a line drawn along the shore protection
works, where adequate erosion facilities and shore protection works accounting for
1:100 Year wave run-up levels as designed or approved by a qualified engineer
have been constructed and certified by a qualified engineer as built to design
standards.
East of the urban centre
No part of any building or structure, other than a fence, hedge or shoreline protective
work shall hereafter be erected in any zone or defined area:
a) within 75 m (246 ft) of the top of bank of Lake Erie, measured horizontally along a
line perpendicular to a line drawn along the top of bank where adequate erosion
facilities and shore protection works accounting for 1:100 Year wave run-up levels
as designed or approved by a qualified engineer have not been constructed;
b) within 15 m (50 ft) of the top of bank of Lake Erie, measured horizontally along a
line perpendicular to a line drawn along the top of bank, where adequate erosion
facilities and shore protection works accounting for 1:100 Year wave run-up levels
as designed or approved by a qualified engineer have been constructed and
certified by a qualified engineer as built to design standards.
4.21 Lake Erie Setback and Frontage - Residential Buildings and Structures
Notwithstanding any required setback in this By-law, a greater setback shall apply to
the erection or reconstruction of a dwelling or any accessory building or structure
thereto between two existing and immediately adjacent dwellings which are less than
76 m (250 ft) apart measured horizontally and parallel to a line drawn along the water's
edge of Lake Erie or the top of the bank of a watercourse, to the extent that no person
shall erect any dwellings closer to the water's edge or the top of bank, as the case may
be, than the established building line.
For the purpose of this subsection only, the 'established building line' shall be the line
joining the point on the main wall of the one existing dwelling which point is closest to
the other existing dwelling and is closest to the water's edge or top of bank, as the
case may be, to the point on the main wall of the other existing dwelling which point is
closest to the other existing dwelling and is closest to the water's edge or top of bank,
as the case may be.
Notwithstanding the preceding paragraph, an adjacent dwelling which is entirely
situated on the front portion of the lot, shall not qualify as an adjacent dwelling for the
purposes of determining the 'established building line'. In these instances, the next
dwelling in the same direction that is within the 76 m (250 ft) requirement and is not
entirely on the front portion of the lot shall be used. For the purpose of this subsection
only, 'front portion of the lot' shall mean that portion of the lot situated between the
front lot line and the line representing the mid-point of the depth of the lot.
4.22 Minimum Distance Setback (MDS) Provisions
a) Notwithstanding any other yard or setback provision of this By-law to the contrary,
no residential, institutional, commercial, industrial, or recreational use located on a
separate lot and otherwise permitted by this By-law, shall be established and no
building or structure for such use shall be erected or altered unless it complies with
the requirements and Minimum Distance Separation I (MDSI).
b) Notwithstanding any other yard or setback provision of this By-law to the contrary,
no livestock facility or manure storage facility shall be erected or expanded unless
it complies with the requirements and Minimum Distance Separation (MDSII).
c) The requirements of subsections (a) and (b) shall not be required between a
livestock facility and a dwelling or accessory building on the same lot.
d) This Section shall not apply and separation shall not be required from an
abandoned cemetery, a public utility, a waste disposal site or a pit quarry
4.23 Municipal Drain and Watercourse Setbacks
No part of any building or structure other than a fence, shall hereafter be erected in any
zone or defined area:
a) closer to an open watercourse or open municipal drain than 8 m (26 ft) plus the
depth of the watercourse or drain to a maximum of 15 m (50 ft), from the top of
bank, measured horizontally along a line perpendicular to a line drawn along the
top of bank, or in the case where a drain is covered or may be covered as
authorized by the Council, the Drainage Superintendent or a municipal engineer,
the minimum setback shall be 3 m (10 ft) from the centre line of the drain;
b) closer than a distance equal to twice the height of the embankment plus 8 m (26 ft)
from any municipal drain or natural watercourse having an embankment with a
slope greater than 30 degrees from the horizontal and a height greater than 3 m
(10 ft).
4.24 Non-Complying Lots, Buildings and Structures
a) Non-Complying Lots
Notwithstanding any other provision of this By-law to the contrary, a lot existing prior
to the passage of this By-law having a lesser lot area and/or lot frontage than is
required herein, may be used and buildings thereon may be erected, enlarged,
repaired or renovated provided that:
i) It is held under a distinct and separate ownership from abutting lots on or before
the date of passing of this By- law;
ii) All relevant provisions of the Planning Act, R.S.O. 1990, c.P. 13, have been
complied with;
iii) The lot is in a Residential, Private Club or Commercial Zone and has a minimum
lot area and lot frontage of 1,800 m2 (19,375 ft2) and 30 m (98 ft), respectively;
iv) The lot is adequately sized to accommodate a means of water supply and
sanitary waste disposal. The determination of adequacy of a lot for development
may require an on-site servicing report prepared by a qualified professional; and
v) The use conforms to the By-law and any erection, enlargement, repair or
renovation complies with all other provisions of this By-law.
vi) Notwithstanding Section 4.24 a) above of this By-law, where a consent to land
severance was granted prior to the passage of this By-law, but the severed and
retained parcels are not created until after the passage of this By-law, and the
resultant parcel(s) lack the required lot area or lot frontage of the applicable zone,
then the deficient parcels may be used and buildings thereupon erected,
enlarged, repaired or renovated provided that clauses 4.24 a) ii) through v)
inclusive are complied with.
b) Non-Complying Buildings and Structures: All buildings or structures must
meet the minimum yard setback specified elsewhere in this By-law and must
comply with the setback requirements of the zone categories with the exception of
the following:
a) Horizontal Extension Permitted - Front and Side yards
The enlargement or extension of a legal non-complying main dwelling that
does not comply with the front yard or side yard requirements may be
permitted after the passing of this By-law, provided the expansion or
extension:
i. does not exceed 50% of the total ground floor area of the main dwelling;
ii. if the addition is proposed in the front or side yard, the addition can be up
to a maximum 50% of the length of the front or side wall, depending on the
yard of encroachment;
iii. when two or more walls are not in compliance, the longest wall will be used
for calculating 50%;
iv. the encroachment within the front yard and/or side yard is not closer than
the front yard and/or side yard setback of the existing main dwelling;
v. the property is zoned for residential use;
vi. does not further contravene any other provision of this By-law; and
vii. the maximum enlargement or extension to the main dwelling of 50% applies
regardless of whether the enlargement or extension is located in a front or
side yard.
b) Vertical Extension Permitted for Dwellings
Notwithstanding the maximum building height provisions of this By-law, the
extension of any legal non- complying dwelling located on a lot zoned for
residential use which exceeds the maximum building height, is permitted,
provided that such extension does not exceed the height of the existing
dwelling or 9 m (29.5 ft), whichever is the lesser, and further provided that the
total floor area of such extension does not exceed the ground floor area of the
existing dwelling.
c) Reconstruction of Buildings or Structures
Nothing in this By-law shall prevent the reconstruction of any non-complying
building or structure that existed prior to the date of the passing of this Bylaw
provided:
i. the reconstruction of such building or structure does not increase the total
floor area of the lawfully used building or structure;
ii. the reconstruction of such building or structure occurs on the same
footprint as the existing structure;
iii. and the reconstruction of such building or structure does not further
contravene the by-law regulations."
d) Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any non- complying building or structure or part thereof that existed
prior to the date of passing of this By-law, provided that the strengthening or
restoration does not increase the building height, size, or volume, except where
an increase in height, size, or volume would comply with the provisions of the
Zone in which the building or structure is located.
e) Interior Alteration, Permitted
Nothing in this By-law shall prevent the interior alteration of a non-complying
building or structure.
f) Accessory Buildings or Structures
Legal non-complying accessory buildings or structures may not be enlarged or
extended.
g) Replacement Structure
An existing legal non-complying building or structure to be demolished may be
replaced at the existing setback of the legal non-complying building or structure
to be removed as long as the replacement structure is constructed on the same
footprint as the existing structure and the replacement structure does not further
contravene By-law regulations.
h) Legal non-complying attached decks
Legal non-complying attached decks to the main structure may be expanded by
up to a maximum 50% of the existing deck calculated on the linear frontage of
the existing structure and provided the deck does not exceed 2 m (6.5 ft) above
final grade.
4.25 Non-Conforming Uses
a) No lands shall be used and no building or structure shall be used except in
conformity with the provisions of this By-law unless such use existed before the
date of passing this By-law and provided that it has continued to be used for such
purpose, and that such use, when established, was not contrary to any By-law in
force at that time.
b) Nothing in this By-Law shall prevent the strengthening to a safe condition or the
reconstruction of any building or structure or part of any such building or structure
that is used for a non-conforming use, provided such alteration or repair does not
increase the height, size or volume or change the use of such building or structure.
c) Continuation of Existing Uses: The provisions of this By-law shall not apply to
prevent the use of any lot, building or structure for any purpose prohibited by this
By-law if such lot, building or structure was lawfully used for such purpose on the
date of passing of this By-law, providing such use has been continuous since that
date.
d) Building Permit Issued: The provisions of this By-law shall not apply to prevent
the erection or use of any building or structure for a purpose prohibited by this By-
law of any building or structure the plans for which have been submitted no more
than thirty days prior to the date of the passing of the By-law, and have been
approved for zoning requirements by the Chief Building Official, so long as the
building or structure when erected is completed in conformity with such plans and
is used and continues to be used for the purpose for which it was erected and
provided the erection of such building or structure commenced within two years
after the date of the passing of the By-law and such building or structure is
completed in conformity with such plans expeditiously after the construction thereof
is commenced.
e) Permitted Exterior Extension: A building, which at the date of passing of this By-
law was used for a purpose not permissible within the zone in which it is located,
shall not be enlarged, extended, reconstructed or otherwise structurally altered,
unless such building is hereafter to be used for a purpose permitted within such
zone and complies with all requirements of this By-law for such zone or permission
is obtained by approved application to the Committee of Adjustment.
f) Permitted Interior Alteration: The interior of any building lawfully used on the date
of passing of this By-law for a use that is not permitted within the zone that such
building is located may be reconstructed or structurally altered in order to render
the same more convenient or commodious for the same purpose for which, at the
passing of this By-law, such building was used.
g) Restoration to a Safe Condition: Nothing in this By-law shall prevent the
strengthening or restoration to a safe condition of any building or structure or part
thereof provided that the strengthening or restoration does not increase the building
height, size or volume or change the use of such building or structure.
4.26 Openings for Doors in a Wall Facing an Interior Side Yard
A door that provides access to the interior of a main building and/or an accessory
building shall not be permitted in any portion of a wall facing the interior side lot line
that is located less than 1.2 m (4 ft) from the interior side lot line.
4.27 Outdoor Furnaces
Outdoor furnaces are only permitted on lots zoned Rural Residential (RR), Lakeshore
Residential (LR) and Agricultural (A1) and subject to the following provisions:
a) Minimum setback from any lot line - 60 m (197 ft);
b) Minimum setback from any lot zoned Residential as identified in Section 6.0 of
this By-law - 100 m (328 ft);
c) Minimum setback from any building or structure - 15 m (50 ft);
d) Not located in any front yard or exterior yard;
e) A perimeter ground area of a non-combustible surface (i.e. gravel, concrete pad)
shall be provided around the outdoor furnace with a minimum distance of 3 m
from the unit;
f) No more than one accessory outdoor furnace is permitted per lot;
g) Outdoor furnaces must be fitted with a chimney no less than 3.6 m (12 ft) in
height measured from the ground and must be equipped with a rain cap/spark
shield; and,
h) No outdoor furnace shall be used for the incineration of waste.
4.28 Outdoor Storage
Where accessory outdoor storage is permitted in a Zone, the following provisions
apply:
a) Outdoor storage shall be permitted only in a rear or interior side yard and shall not
be located any closer than 9.0 m (30 ft) to any street line;
b) Outdoor storage shall be screened by chain link fence with a minimum height of
1.8 m (6 ft);
c) The height of stored materials shall not exceed the height of screening provided
in accordance with Subsection 4.28 (b);
d) Outdoor storage areas are limited to a maximum lot coverage of 15%
e) Notwithstanding item d) on lands Zoned M1 or M2 the maximum permitted lot
coverage is 20% and on lands zoned M3 or M4 there is no maximum lot coverage
limit; and,
f) Outdoor storage shall not be permitted within 7.5 m (25 ft.) of any adjoining
Residential Zone boundary or any lot with an existing residential use.
Notwithstanding the above, temporary outdoor storage may be permitted for a period
of no more than 1 month for display or promotional purposes.
4.29 Permitted Encroachments in a Required Yard
a) Architectural Features:
Balconies and architectural features such as sills, projections of belt courses,
chimneys, cornices, eaves, replacement residential exterior cladding, roof
overhangs and other similar architectural features are permitted to encroach:
i) a maximum of 0.6 m (2 ft.) into a required yard when the yard has a greater
width than 1.2 m (4 ft.); or
ii) a maximum 0.3 m (1 ft.) into a required yard of less than 1.2 m (4 ft.) in width.
b) Bay Windows:
Bay windows and other similar architectural features are permitted to encroach:
i) into a required front or rear yard with a maximum of 1 m (3.3 ft.);
ii) into a required side yard with a maximum of 0.3 m (1 ft.);
iii) not within 1.2 m (4 ft.) of a side lot line.
c) Balcony:
Balconies, overhangs and other similar architectural features are permitted to
encroach:
i) into a required front or rear yard, a maximum of 1.5 m (4.9 ft.);
ii) into a required side yard, a maximum depth equal to 25% of the required side
yard width;
iii) not within 1.2 m (4 ft.) of a side lot line.
d) Below Grade Entrance Pad and Steps Leading Thereto:
Below grade entrance pad and steps and other similar architectural features are
permitted to encroach:
i) into a required rear yard, a maximum of 2.5 m (8.2 ft.);
ii) not within 1.2 m (4 ft.) of a side lot line;
e) Central Air Conditioning Units, Outdoor Building Heating Units and Stand-
by Power Systems:
Central air conditioning units, heat pumps, stand-by generators and other similar
features are permitted to encroach:
i) into a required rear yard;
ii) not within 1.2 m (4 ft.) of an interior side lot line;
iii) into a required front yard, but not less than 4.5 m (15 ft.) from a front lot line;
iv) not within 3 m (10 ft.) of an exterior side lot line.
f) Fire Escape
A fire escape may encroach:
i) into a required rear yard, a maximum of 2.5 m (8.2 ft);
ii) but not within 1.2 m (4 ft) of a side lot line.
g) Rainwater Containment System (gutters)
Gutters and eaves troughs may encroach:
i) into a required yard;
ii) but not within 0.6 m (2 ft.) of the side lot line.
h) Signal Reception or Communications Structure
Signal reception or communication structure is permitted to encroach into any
required side or rear yard;
i) Wheelchair Ramp and Lifts
Ramps and lifts intended for the use of wheelchairs may encroach:
i) into any side yard or required front or rear yard;
ii) but not within 1.2 m (4 ft.) of a side or rear lot line;
iii) but not within 2.5 m (8.2 ft.) of a front lot line.
j) Notwithstanding the provisions of this subsection, no projection or encroachment,
except a building projection located a minimum of 2.5 m (8.2 ft.) above the ground,
shall be permitted into a required parking area, required parking space or access
area leading thereto;
k)
for the purpose of this subsection, "ground" shall mean the average elevation of the
ground within 3.0 m (10 ft.) of the main building on the lot.
4.30 Planting strip requirements
a) Planting strip location:
A minimum 3.0 m (10 ft.) wide planting strip is required:
i) between any street line and any parking area on a lot with a multi-unit dwelling,
apartment dwelling, commercial use, employment use or institutional use if no
municipal boulevard is present but at no time is a planting strip to be less than
1m (3 ft.) in width or,
ii) along an interior or rear lot line on a lot with a commercial or employment use,
where such lot line abuts a residential use.
b) Planting strip contents:
Any required planting strip, not abutting a street line shall be planted with grass,
and trees that can attain a normal growth height of not less than 3 m (10 ft.) at a
density that will provide sufficient screening.
4.31 Ponds and Water Facilities
Ponds and Water facilities shall be built in compliance with the following regulations:
a) On any lot with a Residential Zone or where a residential use is permitted, no
outdoor decorative pond, greater than 0.3 m (1 ft.) in depth, is permitted:
i) in a required front yard, except for a lot with a rear lot line abutting Lake Erie;
ii) within 7.5 m (25 ft.) of the front lot line, where there is no minimum front yard
depth regulation;
iii) within 1.2 m (4 ft.) of a side or rear lot line, and provided further,
iii) no filter, heater or pump is permitted within 1 m (3 ft.) of a side or rear lot line.
b) On any lot within a Commercial Zone or Industrial Zone no decorative pond greater
than 0.3m (1 ft) in depth, or filter, heater or pump is permitted:
i) within 7.5 m (25 ft.) of any lot line.
c) The provisions of paragraphs (a) and (b) of this subsection do not apply to a filter system,
heater or pump located within an accessory building.
4.32 Porch (covered, unenclosed):
A covered, unenclosed porch:
a) may extend into a required front yard a maximum of 2 m (6.5 ft) but not closer
than 3.0 m (10 ft) to a front lot line;
b) may extend into a required rear yard a maximum of 2.5 m (8.2 ft.) but must maintain
a setback of 5 m (16.4 ft.) minimum from the rear lot line;
c) may extend into a required exterior side yard a maximum of 2.5 m (8.2 ft.) but must
maintain a minimum setback of 4 m (13 ft.) minimum from the exterior side lot line
and may not encroach into the sight triangle;
d) may be repaired or replaced at the existing location by a new porch of the same
dimensions or less when deemed a lawfully existing porch;
e) may not encroach into an interior side yard.
4.33 Prohibited Uses
The following uses, activities and/or objects shall be prohibited in any Zone unless
otherwise permitted in this By-law:
a) The use of any tent, trailer, mobile home or motor vehicle for human habitation,
except where such tent, trailer or vehicle is located in a campground, in a trailer
park or in a mobile home park;
b) The use of a truck, bus, coach body or rail car for human habitation or for storage
purposes;
c) The use of any accessory building or structure for human habitation unless in
compliance with Subsection 4.35.1, Second Dwelling Units;
d) The storage of shipping containers unless otherwise permitted by this By-law
where ever outdoor storage is permitted;
e) The storage of disused rail cars, streetcars, buses, truck bodies or trailers without
wheels;
f) The parking or storage of trailers or commercial vehicles on a vacant lot for any
purpose including advertising;
g) Salvage yards and the outdoor storage of partially dismantled vehicles or trailers or
vehicle or trailer parts unless otherwise permitted by this By-law;
h) The manufacturing, refining, rendering or distillation of acid, ammonia, chlorine,
coal, creosote, explosives, fireworks, glue, petroleum or tar;
i) The bulk storage of industrial chemicals, fuels and oils, hazardous waste or
liquid industrial waste unless specifically permitted by the Environmental
Protection Act, as amended and in compliance with any applicable requirements
outlined by the Technical Safety & Standard Association (TSSA)
j) The attaching of buildings or structures or accessory buildings or accessory
structures (eg: duck and/or hunting blinds, rafts, unauthorized docks or floating
decks) to the lake or creek bed in a water lot or on Crown lands with the
exception that docks or other accessory structures that are authorized through a
building permit will be permitted.
k) The outdoor storage of building materials, construction waste or other waste
products in any yard, except within a permitted outdoor storage yard in accordance
with the provisions of this by-law, unless the said materials and equipment are
necessary for the construction on the lot of any building or other structure for which
a building permit has been issued;
l) The placement of a signal reception tower or other communications tower or
structure in a required front yard, unless the lot has a lot line which abuts Lake Erie.
4.34 Public Utilities
A lot or part thereof, located in any zone, may be used for a use of a Public
Utility provided that:
a) all buildings shall be in compliance with all regulations of the zone in which they
are located;
b) any structure, not including a building, may be erected for the purposes of the
distribution of a service or commodity provided by a public utility, without
restriction as to height except in a Residential Zone where the maximum height
shall be 20 m (65 ft);
c) an outdoor storage yard is not permitted in a Residential Zone.
4.35 Public uses
Regulations for Public Uses
A public use is permitted in all zones subject to the following provisions:
a) Such public use shall comply with all applicable zone standards, parking and
loading requirements of the Zone in which it is located;
b) No outdoor side storage shall be permitted unless such outdoor storage is
specifically permitted in the Zone in which the public use is located;
c) Electric power-generating facilities, maintenance and works yards/depots and
sewage treatment facilities shall only be permitted in an M1, M2, M3 Zone;
d) Notwithstanding subsection (a) above, buildings and structures which are used for
the storage of road maintenance materials within a public works yard owned by a
public authority shall be exempt from the height requirements of this By-law;
e) Any accessory uses to a public use shall be clearly incidental and accessory to the
principal use;
f) Any above-ground, utility or public use which is located in a Residential Zone shall
be located and maintained in general harmony with the residential buildings
permitted in such Zone; and
g) No buildings or structures shall be permitted in any Environmental Zone, except
those for flood and erosion prevention and control, landscape stabilization and
playground equipment.
4.35.1 Additional Dwelling Units
An additional dwelling unit shall be permitted in any zone where a residential use is a
permitted main use or accessory use and municipal water service is available subject
to the following provisions:
a) Additional dwelling units will be permitted only in Single Detached, Semi-
detached and Townhouse Dwelling units, and accessory buildings which are
accessory to these uses;
b) A maximum of two additional dwelling units will be permitted per lot;
-
Up to two additional dwelling units will be permitted in the Main Building or;
-
One additional dwelling unit will be permitted in the Main Building and one
additional dwelling unit will be permitted in an accessory building;
c) One additional parking space shall be required per additional dwelling unit;
d) No additional driveways will be permitted;
e) Maximum floor area not to exceed 100 sq. m (1076 sq. ft);
f) Accessory structures which contain an additional dwelling unit must be located in
the rear yard or an interior side yard;
g) There shall be pedestrian access between an additional dwelling unit and a
street;
h) Where a lot is located in a floodplain, an additional dwelling unit within a
basement or cellar is prohibited;
i) An additional dwelling unit in an accessory building located in an agriculture zone
must be constructed within 30.5 m (100 ft) of the main building containing a
dwelling unit located on the same lot;
j) Additional dwelling units must conform to all Ontario Building Code and Ontario
Fire Code regulations.
4.36 Sewage and Water Services
Notwithstanding any other provisions of this By-law, no lands shall be used nor any
building or structure erected or used thereon unless such municipal services as the
Corporation ordinarily requires upon the development or redevelopment of land are
available and capable of servicing the said land, building or structures. However, for
lands in the Residential 1.2 or Residential 2.1 & 2.2 Zones where public water or
sewage services may not be available, development shall be permitted subject to the
applicable provisions of this By-law and provided the proposed development can be
adequately serviced by appropriate private water and sewage services.
4.37 Solar Panels and their Supporting Structures
Solar panels are not permitted in the front yard, side yard, or within a required rear
yard for lands zoned Residential.
4.38 Steps
Steps are permitted:
a) for one step having a maximum height of 0.2 m (0.7 ft) above the ground, into any
side yard or required front or rear yard but not within 1.2 m (4 ft) of a lot line;
b) for steps having a height of greater than 0.2 m (0.7 ft) above the ground:
i. into any side yard or required front or rear yard, but not within 1.2 m (4 ft) of a
side or rear lot line or within 3.0 m (10 ft) of a front lot line;
ii. the steps shall have a maximum total tread area of 5 m2 (53ft²) within a
required yard.
c) Stairs accessing a basement or cellar are not permitted to encroach into the
required front, exterior and interior side yards unless otherwise permitted in this by-
law.
4.39 Storm Water Management Pond (SWM Pond)
Notwithstanding any other provisions within this By-law, a storm water management
pond shall have a 2 m (6.5 ft.) setback from lot lines for the purpose of a maintenance
corridor between the pond structure and the lot line.
4.40 Sunroom
A sunroom is permitted to encroach:
a) into a required rear yard, a maximum of 2.5 m (8.2 ft.), exclusive of eaves and
gutters. The sunroom shall have a maximum gross floor area of 10 m2 (107 ft2) for
that part of the sunroom located within the required rear yard;
b) the minimum separation from each side lot line shall be equal to the minimum side
yard width(s) required within the zone in which the lot is located.
4.41 Temporary Buildings and Structures
A temporary building or other structure customarily required and incidental to the
erection of permanent buildings or other permanent structures is permitted in any
zone, provided that such temporary building or other structure is removed when the
permanent building or other structure is erected and capable of occupancy or use.
4.42 Temporary Construction and Sales Offices
a) Nothing in this By-law shall prevent uses incidental to construction, such as a tool
shed, scaffold or other building or structure incidental to the construction, only for
so long as the same are necessary for work in progress that has neither been
finished nor abandoned.
b) Nothing in this By-law shall prevent the use of land for a temporary sales office for
the sale of residential, industrial or commercial suites subject to the following
provisions:
i) The temporary sales office must be located on lands that are subject to a draft
approved plan of subdivision, plan of condominium or an approved site plan
agreement under the Planning Act.
ii) A temporary sales office shall be constructed on a lot in accordance with
following required minimum yards:
- Front and exterior side yard - 6.0 m (20 ft.)
- Interior side yard - 1.2 m (4 ft.)
- Rear yard - 7.5 m (25 ft.)
iii) The maximum height of a temporary sales office shall be 6.5 m (21 ft.)
iv) Maximum ground floor area of a temporary sales office shall be 200 m2
(2,150 ft2).
4.43 Wetland Overlay
An area depicted on Schedule 'A' maps attached hereto showing areas identified as
wetlands. These are areas regulated by Essex Region Conservation Authority
(ERCA) and will require approvals and permits for any works or construction within
the areas defined as Wetland.
4.44 Water lots
The only permitted structure or building within a water lot is a boat dock accessory to
a residence that is affixed to the shoreline.
4.45 Winery
The following provisions shall apply to a winery, where it is permitted by this By-law:
a) the winery buildings and accessory structures shall occupy a maximum of 25% of
the permitted Lot coverage;
b) secondary uses may include a cafe, restaurant, eating establishment, or event
facility associated with the winery;
c) retail sales facility may include sale of secondary and associated products; and
d) the winery is subject to site plan control under Section 41 of the Planning Act.
4.46 Medical Marihuana Production Facilities
Notwithstanding other provisions of this By-law to the contrary, the following provisions
and regulations shall apply to medical marihuana production facilities:
a) Require a current and valid Medical Marihuana production license issued by
Health Canada under the Marihuana for Medical Purposes Regulations (MMPR)
as amended from time to time or any subsequent legislation which may be
enacted in substitution thereof;
b) Site Plan control shall apply to any medical marihuana production facility proposed
within an existing or future building(s). In addition to all other requirements pursuant
to the Planning Act, R.S.O. 1990, c.P. 13 and the Town of Kingsville Site Plan
Control By-law, the Town will require, at the owner's sole expense,: any
study/studies that will satisfy any additional concerns that the Town of Kingsville or
any other commenting agency may have with regard to security, emanating odours,
provision of municipal services and stormwater/wastewater management;
c) Prohibit residential uses on lots having a medical marihuana production facility;
d) Prohibit a medical marihuana production facility as a secondary/accessory use;
e) Secondary/accessory uses must be 100% associated with the medical marihuana
production facility;
f) Require a minimum distance separation of 100m (328 ft) between a medical
marihuana production facility and any lands Zoned for residential, recreational or
institutional uses;
g) Require a minimum distance separation of 100m (328 ft) between a medical
marihuana production facility and any structure currently used for residential or
institutional purpose (dwellings, schools, churches, etc.);
h) Require that no outdoor signage or advertising shall be permitted that references
cannabis, marihuana, or any other depiction of such, including on any vehicle
associated with the medical marihuana production facility; and,
i) Require that the use of a medical marihuana production facility on a lot not co-exist
with any other use on the lot.
j) Shall not be considered on any lands that are within 250m of Lake Erie.
By-law
129-2015
SECTION 5 PARKING AND MUNICIPAL SERVICES
5.1
Application
The provisions of this Section shall apply to all lands within the Corporation and all
zones within this By-law and defined areas except as specifically defined.
5.2
Barrier Free Parking Space
a) For every use requiring more than 8 parking spaces, the following shall be
provided, maintained and signed parking spaces for barrier free parking:
Table 2
Total Number of Parking
spaces provided
Required
spaces
number of barrier free parking
8 to 50 spaces
1
51 to 99 spaces
2
100 to 150 spaces
3
151 and over
1 additional space for 50 parking spaces over 150
b) Barrier free parking spaces shall have a minimum width of 4.7 m (15.4 ft.) in width
and 5.5 m (18 ft.) in length.
c) Barrier free parking spaces shall be properly delineated by the International
Accessibility symbol mounted both vertically on a sign, as well as on the surface of
the parking space in fluorescent blue according to the following dimensions:
i) A painted ground accessibility sign shall be a minimum of 1.25 m by 1.25 m
(4 ft.) in size.
ii) A parking control sign shall be located 1.5 m (5 ft.) above ground and shall be
a minimum of 0.3 m by 0.3 m (1 ft.) in size.
5.3
Bicycle Parking Spaces
d) Bicycle parking spaces are required for the uses listed in Table 3 below, in addition
to any required parking spaces for motor vehicles;
e) Each bicycle parking space shall have a minimum length of 1.8 m and a minimum
width of 0.6 m (2 ft.) and will have a racking system to accommodate the bicycle;
f) Notwithstanding Section 5.3(a) above, bicycle parking spaces shall not be required
in the 'Central Commercial' Zone;
g) The land owner will be provided the option of paying for bicycle spaces through
cash-in-lieu of parking. The rate will be established through the fees and charges
by-law of Council and the money will be used for providing bike parking spaces off-
site.
Table 3
USE
Required Bicycle parking spaces
Retail store
Service Commercial
Restaurants
Institutional uses
1 space/400
2
m nfa to a maximum of 10 spaces
Greenhouses
4 spaces/
area
per hectare of greenhouse growing
Industrial uses
1 space per 10 employees
Private/public school
College or trade school
1 space/10 student
employee capacity
capacity plus 1 space/30
5.4
Cash-in-lieu of Parking
Cash-in-lieu of parking may be considered by Council in lieu of providing parking and
loading spaces as required under Sections 5.17 and 5.16 Parking and Loading
Requirements and pursuant to Section 40 of The Planning Act for lands zoned 'Central
Commercial (C2)'. Residential uses will not be permitted to develop on the basis of
cash-in-lieu of parking.
5.5
Drive-through and Stacking Regulations
A drive-through may be permitted in association with a commercial use, where it is
permitted by this By-law, provided that:
a) The minimum number of stacking spaces shall be in accordance with the following:
i) For an automatic car wash, a minimum of 5 stacking spaces shall be provided
in advance of the automatic automobile washing establishment and a minimum
of 2 stacking spaces shall be provided at the terminus of each line;
ii) For a coin-operated car wash, a minimum of 2 stacking spaces shall be provided
in advance of the car wash and a minimum of 1 stacking space shall be provided
at the terminus of each wash stall;
iii) For an eating establishment, a minimum of 12 stacking spaces shall be provided,
including the space at the pick-up window;
iv) For all other main uses with drive-through service, such as a financial institution
or pharmacy, a minimum of 2 stacking spaces shall be provided in advance of
each drive-through service window or self-serve facility.
b) A drive-through is a secondary use and must be located on the same lot as the
main use;
c) Each stacking space shall be 5.5 m (18 ft.) in length and 3.0 m (10 ft.) in width;
d) Where an outdoor intercom order station is proposed for a property, all stacking
spaces shall be setback a minimum of 4.0 m (13 ft.) from a residentially or an
institutionally zoned property line. An intercom order station shall comply with the
Ministry of the Environment's noise levels for stationary sources of noise.
e) Where a drive-through contains an intercom order station and is situated within
60.0 m (195 ft) of a residential or an institutional building, the drive-through shall
only be permitted when:
i) a noise study certified by a professional engineer demonstrates that noise levels
will not exceed the maximum levels specified by the Ministry of the Environment;
ii) a noise study certified by a professional engineer demonstrates that noise levels
will not exceed the maximum levels set out in item i) above by the employment
of measures to mitigate noise and such measures are employed prior to
occupancy of the drive-through; and
iii) a noise wall certified by a professional engineer is installed prior to occupancy
of the drive-through which will ensure that noise levels do not exceed the
maximum levels set out in item i) above.
f) Where a dwelling or dwelling unit has a basement window facing the stacking
spaces and a window is located less than 20.0 m (65 ft.) from the stacking spaces,
a screening fence with a minimum height of 1.8 m (6 ft.) shall be constructed to a
length to prevent the intrusion of light from vehicle headlights into the window.
g) A drive-through shall be permitted in (C2), (C4), and (C6) zones.
5.6
Driving Aisle Provision
A driving Aisle providing access to parking areas shall have a minimum un-obstructed
width of 6.1 m (20 ft.)
5.7
Entrance Width Provisions:
a) Residential Zones
An entrance for a residential unit shall have a minimum width of 3.0 m (10 ft.) and
a maximum width of 7.3 m (24 ft.).
b) Commercial/light and medium Industrial, Institutional, greenhouse,
apartment residential, retirement home, Group home
i) an entrance in a commercial, light industrial/institutional, greenhouse (A1),
apartment residential, retirement home, or group home zone shall have a
maximum width of 7.5 m (25 ft.) for a one way driveway and 12.0 m (40 ft.) for
a two-way driveway ;
c) Heavy Industrial/Other
i) an entrance in a heavy industrial or other not identified herein this section shall
have a maximum width of 9.0 m (30 ft.) for a one way driveway and 15 m (50
ft.) for a two-way driveway
5.8
Easements - Additional requirements respecting easements
Notwithstanding any yard or setback requirement of this By-law to the contrary, where
there is an easement in existence on the date of adoption of this By-law having a width
less than 6 meters, the setback of all buildings and structures from such easement
shall be that distance necessary to ensure a minimum setback of 3 m (10 ft.) from the
closest point of the facility to which the easement pertains or as is acceptable to the
public authority to the which the easement applies.
5.9
Entrance Location Provisions
The following provisions shall apply to all ingress/egress from municipal roads:
a) only one entrance will be permitted for each single, residential lot;
b) two entrances are permitted for multiple residential unit buildings;
c) Multiple entrances are permitted for industrial, commercial, greenhouse (A1) zoned
properties with a minimum separation distance between entrances of 15 m (50 ft.)
minimum.
d) entrances will not be permitted within the sight triangle as defined in Subsection
5.18 Sight triangle.
e) entrances will not be permitted on a curve or in a location with restricted sight lines.
5.10 Location of Parking spaces
a) Residential zones for single detached, semi-detached, townhouses and multiple
residential buildings (converted) containing a maximum of 4 units, parking shall be
permitted to locate in the front yard, side yard, exterior side yard or rear yard;
b) Residential zone for established residential areas and multiple residential unit
buildings containing 5 or more units shall have their parking located in a rear yard
or exterior side yard but not within a site visibility triangle
5.11 Lots on a Private Laneway
When a parcel of land only has access via a private lane or right-of-way, the lot line
and yard abutting the lane or right-of way shall be deemed to be the front lot line and
front yard for the purposes of this By-law.
5.12 Parking lot Construction Requirements
a) The parking area and approaches shall be surfaced with concrete, asphalt,
interlocking stone, crushed stone, gravel or a combination thereof, with a stable
surface treated to prevent the raising of dust or loose particles, and in the case of
all commercial zones shall have a cement or asphaltic binder or any other
permanent type of surfacing.
b) Adequate drainage facilities for the parking area shall be provided and maintained
in accordance with the requirements of The Corporation and applicable site plan
agreement.
c) All parking areas and their approaches in any zone shall be defined by a curb or
concrete or rolled asphalt or other suitable obstruction designed to provide a neat
appearance.
d) Driveway entrance aprons between the municipal right of way and the property lot
line shall be paved with rolled asphalt, concrete, or interlocking stone.
5.13 Parking of Commercial Vehicles or Buses
a) The parking or storage of one commercial vehicle per dwelling unit on a lot is
permitted in any Residential Zone, provided the commercial vehicle has a
registered gross vehicle weight of 3,400 kilograms or less. For the purposes of this
paragraph, "commercial vehicle" shall mean a small, light duty van and pick-up
truck with a maximum carrying capacity not exceeding one (1) tonne, and shall not
include a semi-trailer truck. (REMOVED BY BY-LAW 44-2021, SEE BY-LAW 27-
2021 - Outdoor Parking or Storage of Recreational, Commercial and Motor
Vehicles)
a) The owner or occupant of lands zoned 'Agriculture (A1)' and having 8,000 m2 (1.9
ac) lot area or less may use a private garage that will obstruct the truck from view
and locate on such lot for the housing or storage of one (1) commercial vehicle
owned or operated by the individual provided:
i) the commercial vehicle is only being stored and such commercial vehicle is not used in
connection with any business or other use on the lot;
ii) Any goods, materials or contents stored on or in such commercial vehicle shall
not be exposed to or be in the general view of the public.
b) The owner or occupant of lands zoned 'Agriculture (A1)' and having 8,000 m2 (1.9
ac) lot area or more may use a private garage or driveway located on such lot for
the housing or storage of one (1) commercial vehicle owned or operated by the
individual.
5.14 Parking spaces
Parking spaces shall be provided and maintained in accordance with the following
requirements:
a) Location:
i) Except as herein provided, all required parking spaces shall be provided on the
same lot and in the same Zone as the use, building or structure for which such
spaces are required. A use within a Commercial, Industrial or Institutional Zone
Classification shall be deemed to comply with the off-street parking provisions
of this By-law if the parking spaces required are provided in part, or whole, on
lands or a lot which is not in a Residential Zone Classification, and located a
maximum of 90.0 m (295 ft.) from the lot requiring the parking spaces and is
held in the same ownerships, provided all other provisions of this By-law are
complied with. Title of both properties must be held by the same person and
there must be registered on title an agreement with the Town to the effect that
both properties will remain in the same ownership until such time as relief from
the off-street parking requirement occurs.
b) Uses:
i) When a building or lot accommodates more than one use or zone, the required
parking spaces shall be calculated for each use with the total of the required
parking spaces for the building or lot being a sum of each of the separate uses
or purposes. Parking areas for one use shall not be considered as providing
required parking for any other use.
ii) Enlargements or additions to any buildings or uses shall be provided with
additional parking spaces in accordance with the provisions of Section 5.17 of
this By-law. Such spaces being additional to any existing parking spaces but
need not exceed the minimum number required by Section 5.17 for either the
original buildings or uses plus the enlargements.
c) Dimensions:
i) Each parking space, with the exception of barrier free parking spaces, shall have
a minimum of 2.7 m (9 ft) and a minimum length of 5.5 m (18 ft).
d) Commercial Parking lot:
i) A structure, not more than 3.0 m (10 ft) in height and not more than 4.6 m2 (50
ft2) in area may be erected in the parking area of a commercial parking facility
for the use of attendants in the area.
ii) Only directional signs, barrier free signs and one sign providing contact name
and information shall be erected in a commercial parking lot.
e) Parking Adjacent to Residential use:
i) Where a dwelling or dwelling unit has a basement window facing a parking
space and a window is located less than 20.0 m (65 ft) from the parking space,
a screening fence with a minimum height of 1.5 m (5 ft) shall be constructed to
a length to prevent the intrusion of light from vehicle headlights into the window.
f) Parking Provisions:
i) If the calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next highest whole number.
ii) Visitor parking shall be provided, signed and maintained in compliance
with Subsection 5.14.
5.15 Parking of Travel trailers, Recreation Vehicles and Campers
(REMOVED BY BY-LAW 44-2021, SEE BY-LAW 27-2021 - Outdoor Parking or
Storage of Recreational, Commercial and Motor Vehicles)
The outdoor parking and storing of a recreational vehicle, truck camper, camper trailer,
trailer and licensed off-road recreational vehicle, herein after referred to as a
recreational vehicle, shall be prohibited in all Residential, Institutional, Open Space
Zones except that a total of one recreational vehicle or licensed off-road recreational
vehicle, is permitted to be stored outdoors provisional on:
a) The property where the recreational vehicle is to be stored is zoned Residential;
b) The owner of the property is also the recreational vehicle owner where the
recreational vehicle is to be stored;
c) That the recreational vehicle is setback a minimum 1.5 m (5 ft) from the side lot
line; 4.5 m (14.5 ft) from the exterior side lot line; and 1.5 m (5 ft) from the rear lot
line of the property on which it is stored;
d) Shall only be permitted to be stored in the rear yard or interior side yard of the
residence;
e) The recreational vehicle shall not be stored in the front yard or exterior side yard of
the residence;
f) For properties with frontage on Lake Erie, the recreational vehicle shall not be
stored in the front yard (lake side), exterior side yard or rear yard (road side) of the
property but shall only be stored completely in an enclosed building on the property.
g) The recreational vehicle may be stored completely and totally within a building on
the subject property; and
h) Notwithstanding Section (e) a recreational vehicle may be parked on the subject
property in the driveway associated with the residence for a maximum of 5
consecutive days for three separate times over the calendar year beginning in
January to the end of December and for the purposes of cleaning or stocking the
vehicle. At no time shall the recreational vehicle be used for habitation while parked
in the driveway.
5.16 Loading spaces Requirements
No person shall erect or use any building or structure in any zone for any purpose
unless loading spaces are provided and maintained in accordance with the following
provisions:
a) A minimum of one (1) loading space shall be required for a building with 300 m2
(3230 ft2) floor area;
b) An additional loading space shall be required for each additional 2,000 m2 (21,500
ft2) of gross floor area for any non-residential use, or fraction thereof, up to 4,300
m2 (46285 ft2) of gross floor area.
c) For any non-residential use with a gross floor area greater than 4,300 m2 (46285
ft2) an additional loading space shall be required for each additional 8,000 m2
(86111 ft2) of gross floor area, or fraction thereof.
d) Loading spaces shall not be required for residentially zoned properties with the
exception of an apartment building containing a minimum of 10 units where a
minimum of 1 loading space is required for each residential building.
e) The loading space shall not be less than 3.5 m (11.5 ft) wide with 13.5 m (44 ft) in
length and 4.5 m (15 ft) in height for clearance purposes.
f) The loading space shall be accessed by a private driveway or a parking area.
g) Driving Aisles/driveways shall provide sufficient additional width to accommodate
truck movement and access to the loading space.
h) No loading space shall be located within the front yard of the main structure.
i) Notwithstanding item 5.16 a), b), and c) the minimum loading space requirement
for a greenhouse is 1 space per 4 ha of growing area.
j) Notwithstanding item h) the location of loading spaces will be as shown on an
approved site plan.
By-law
89-2019
5.17 Parking Requirements
a) Unless otherwise specifically provided by this by-law, the number of parking
spaces required for each use shall be calculated as follows:
i) one space for each unit of gross floor area (GFA) expressed in square meters
(m2), as set out below in b);
ii) for the purposes of this Section, any building or part of a building designed
and used exclusively as a parking garage, parking space, loading space, an
automatic car wash or coin operated car wash will not be included in the
calculation of gross floor area;
iii) when a building is occupied or proposed to be occupied by more than one
main use, the required parking for each main use is calculated on the basis of
the percentage of gross floor area devoted to that use plus the equivalent
percentage of any common areas and shared accessory uses in the building;
b) The following standards shall apply to all zones throughout the Corporation unless
otherwise specified in subsequent sections of this By-law:
-102-
Comprehensive Zoning By-law 1-2014
January 2023
Table 4
Residential uses:
Use
Minimum parking space requirements
Bed and breakfast
1 space per room or suite used for the purposes of
lodging for the travelling public in addition to the required
parking for the residential unit.
Boarding,
house
lodging, and rooming
0.5 space per unit
Group home
0.5 spaces per bedroom
for the residential unit.
in addition to the required parking
Home industry/Home
occupation
2
1 space per 15 m of floor area used for a home
occupation/ 1 space per 40 m² of floor area used
home industry
for a
Dwelling, Secondary
Commercial zones
in
1 space/apartment unit
Dwelling, Secondary
Central Commercial (
in the
C1) Zone
1 space/apartment unit
Dwelling, Apartment building
1.25 spaces/unit 0.25 spaces of the required spaces
shall be dedicated for visitor parking in a building
containing 4 or more dwelling units
Dwelling, Duplex
1 space/unit
Dwelling, Multiple
unit/converted
building
2 spaces/unit
dedicated for
0.25 spaces of
visitor parking
the required spaces shall be
Dwelling, Semi-detached
Dwelling, Single detached
Dwelling, Townhouse
1 space/unit
Long term
home
care facility/nursing
0.5 spaces/bed
Retirement home
0.5 parking spaces for each of the first 30 guest rooms,
plus 0.25 parking spaces for each additional guest room
-103-
Comprehensive Zoning By-law 1-2014
January 2023
Table 5
Non-residential uses:
Use
Minimum parking space
(net floor area or as
requirements
defined)
Arena/stadium/auditorium
Where there are fixed seats than 1 space for every 5 seats
or 1 space for every 3 m of bench space. Where there are
2
no fixed seats, 1 space for every 9 m of public area.
Art Gallery
1/90
2
m (969 ft2) GFA
Auction Sales establishment
1/10
2
m (107 ft2) GFA
Automobile repair garage
3 spaces per service bay
Automobile sales and service
2
1/22 m (236 ft2) GFA of
spaces per service bay
sales area including offices and 3
Bakery
1 space
ft2) GFA
2
for each 45 m
and 1 for each
2
GFA for the first 2,700 m (29,063
2
additional 180 m (1,937 ft2) GFA
Banquet Facility
1/20
2
m (215 ft2) GFA
Bowling Alley
2/lane
Club (private)
1 for each 22.5
2
m (242 ft2) GFA
Curling rink
8 spaces/curling sheet
Building Supply
outlet/contractor's
yard/Equipment S
Establishment
ales/Rental
1/18m2 of retail space
enclosed storage
but does not include outside or
Campground/trailer park
1 per campsite or travel trailer site
Commercial fitness centre
1/15
2
m (160 ft2) GFA
Commercial/Trade school
1/20
2
m (215 ft2) GFA
Commercial self-storage
1/5
2
m of office use (54 ft2) GFA
Community centre
1/10
2
m (105 ft2) GFA
Day Nursery
1.25/classroom plus 1/30
2
m (322 ft2) of GFA
School, Elementary
1.25 spaces/classroom and teaching area
-104-
Comprehensive Zoning By-law 1-2014
January 2023
Financial institution
1/18 m2 (195 ft2) GFA
Funeral home
1 space for each 5.5 m2 (60 ft2) GFA of public space
(chapel, sanctuary, wake room, or reposing room)
General industrial building
1/100 m2 (1075 ft2) GFA
Greenhouse
By-law
89-2019
1 parking space per 2 ha of growing area, plus
1 parking space per 30 sq. m of office space, plus
2 parking space per 30 sq. m of land and processing area,
and
1 parking space per loading dock
Golf course
10/hole
Grocery store
1/18 m2 GFA
Hotel/motel
1.2/room plus parking requirement for accessory
restaurant, meeting rooms and banquet facility
Institutional use not specifically
listed in this subsection
1/20 m2 (215 ft2) GFA
Library
1/90 m2 (969 ft2) GFA
Marina
1 space for every 3 boat slips
Medical office
6 spaces per practitioner
Minor commercial centre
1 space for each 22.5 m2 (242 ft2) GFA and when the
combined GFA of all restaurants and entertainment
lounges exceeds 30% of the centre, 1 additional space for
each 7.5 m2 (80 ft2) GFA of all restaurants and
entertainment lounges in excess thereof.
Museum
1/90 m2 (969 ft2) GFA
Office
When office is main use - 1/20 m2 of GFA
When office is accessory use - 1/40 m2 of GFA
Place of entertainment,
recreation or assembly not
specifically listed in this
subsection
1/36 m2 (388 ft2) GFA
Personal Service Shop
1/14 m2 (150 ft2) GFA
Place of worship
1/5.5 m2 (60 ft2) GFA used as a church, chapel, sanctuary
and 1/36 m2 (388 ft2) GFA for area not used for a
chapel/sanctuary
Public Hall
1/7.5 m2 (80 ft2) GFA
-105-
Comprehensive Zoning By-law 1-2014
January 2023
Restaurant/eating
establishment
Where there are fixed seats, 1 space for every 5 seats or
where there are no fixed seats, 1space for every 9 m2 of
GFA.
Restaurant patios
1 space for every 18 m2 of area used for a patio
Retail store
1/22.5 m2 (242 ft2) GFA
Retirement home/rest
home/residential care facility
0.5/bed
School, Secondary
3 spaces / classroom
Trade School/College
8 spaces/classroom
Transportation terminal
1/90 m2 (968 ft2) GFA
Veterinary clinic
6 spaces per practitioner
Warehouse
a) 1/200 m2 (2152 ft2) GFA
b) If associated office or retail net floor area is more than
15% of the total net floor area, the standards for office
and retail uses apply.
Wholesale store
1/45 m2 (484 ft2) GFA
Workshop
1/45 m2 (484 ft2) for the first 2,700 m2 (29063 ft2) GFA and
1 for each additional 180 m2 (1937 ft2) GFA
All other non-residential uses
1/28 m2 (300 ft2) GFA
5.18 Sight triangle
a) All corner lots shall provide a sight triangle consisting of an unobstructed
triangular area on the sides of the street. Such triangle shall be measured as
illustrated in the attached Diagram entitled "Illustration of Site Triangle" with
dimensions as outlined in Section 5.18 (b).
b) The dimensions of the sight triangle shall be a minimum of:
-106-
Comprehensive Zoning By-law 1-2014
January 2023
Table 6
Subject lot has access onto a:
Local Street
Collector Street
Arterial Road
Laneway
2.0 m (6.5 ft)
3.0 m (10 ft)
N/A
Local Street
3.0 m (10 ft)
5.0 m (16 ft)
9.0 m (30 ft)
Collector Street
5.0 m (16 ft)
7.0 m (23 ft)
9.0 m (30 ft)
Arterial Road
9.0 m (30 ft)
9.0 m (30 ft)
9.0 m (30 ft)
c) Notwithstanding any other provision of this By-law, the following shall not be
permitted, located, placed, in whole or part, in a sight triangle that is measured
from the point of intersection of the street/road/laneway to form a triangle in
accordance with the distances set out in Table 6 above:
i) any structure or building; and,
ii) a fence, wall , or a sign that is over 0.7 m (2.5 ft) in height; and
iii) a vehicle shall not be parked or stored in a sight triangle; and
iv) landscaping materials greater than 0.7 m (2.5 ft) in height above the average
elevation of the site triangle, determined by averaging the elevations of the
three corner points thereof, or being located in such a manner as to impede or
obstruct in any way the field of view across such site triangle for persons driving
vehicles on an abutting street or lane
5.19 Street, Lane or Right-of-way
Unless otherwise shown, a street, lane or railway right-of-way, electrical transmission
line right-of-way or watercourse shall be included within the zone of the adjoining
property on either side and where such street, lane, right-of-way or watercourse
serves as a boundary between 2 or more different zones, the centre line of such
street, lane, right-of-way or water course and extending in the general direction of the
long dimension shall be deemed to be the boundary between zones.
5.20 Surface Treatment
All required non-residential parking spaces, driveways, Aisles and loading spaces
shall be constructed and maintained with a stable surface such as cement, asphaltic
binder or paving stones and curbed with a continuous poured concrete curb, except
as provided for in Sections 7.1, 7.2, 9.3 and 10.3 or as detailed in any associated site
plan approval.
-107-
Comprehensive Zoning By-law 1-2014
January 2023
5.21 Use of Travel Trailers, Recreational Vehicles and Campers
a) The use of trailers, travel trailers, recreational vehicles, truck campers, buses and
camper trailers for commercial purposes or habitation shall be prohibited in all
Zones except in areas where such use is expressly permitted by this By-law.
b) No other form of trailer or vehicle shall be used for human habitation unless
expressly permitted by this By-law.
-108-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 6
Residential Zone Provisions
SUBSECTION 6.1.1
RESIDENTIAL ZONE 1 URBAN (R1.1)
Low Density Residential - Kingsville centre
a)
Permitted Uses
Residential use;
i)
Main use
Boarding, lodging, and rooming house - Residential;
Rest home or Nursing home; or Group home.
One Home occupation;
ii)
Accessory use
Accessory uses to the Main use.
b)
Permitted Buildings and Structures
i)
Permitted buildings and
One, single detached dwelling;
structures
Buildings and structures accessory to the Main use.
c)
Regulations
i)
Lot area (minimum)
500 m2 (5,382 ft2)
ii)
Lot frontage (minimum)
15 m (50 ft)
iii) Open Space (minimum)
30 %
iv) Lot coverage (maximum)
40 %
v)
Front yard depth (minimum)
5.5 m (18 ft)
vi)
Rear yard depth (minimum)
7.5 m (25 ft)
1.5 m (5ft) with an attached garage or carport; or
1.5 m (5 ft) on one side of the main building and 3.0 m (10
vii) Interior Side yard width (minimum)
ft) on the other side when there is no attached garage or
carport.
viii) Exterior Side yard width (minimum)
4.5 m (15 ft)
ix) Main building height (maximum)
11 m (36 ft)
d)
Supplementary Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary sewer services) and electrical services as approved by The Corporation or any
other authority having jurisdiction.
ii)
The following supplementary regulations shall also apply to lands zoned (R1.1):
Subsection 3: Definitions
Subsection 4: General Regulations (ie: Home occupations)
Subsection 5: Parking Regulations
iii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-109-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.1.1 e) RESIDENTIAL ZONE 1 URBAN (R1.1) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.1.1.1 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 1 (R1.1-1)' (R1-1 K)
a) For lands shown as R1.1-1 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) Professional offices, personal service shops, retail establishments, financial
institutions, small animal veterinary clinics and teaching studios.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.1 above, new accessory buildings are permitted on
lands zoned (R1.1-1) and in accordance with regulations under Subsection 6.1.1.
6.1.1.2 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 2 (R1.1-2)' (R1-2 K)
a) For lands shown as R1.1-2 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A radio and television sales and service establishment in addition to the uses
permitted in the R1.1 zone.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.1 above, new accessory buildings are permitted on
lands zoned (R1.1-2) and in accordance with regulations under Subsection 6.1.1.
6.1.1.3 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 3 (R1.1-3)' (R1-3 K)
a) For lands shown as R1.1-3 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) One office is permitted to be located within the main building on lands zoned
(R1.1-3).
-110-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.3 above, new accessory buildings are permitted on
lands zoned (R1.1-3) and in accordance with regulations under Subsection 6.1.1.
6.1.1.4 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 4 (R1.1-4)' (R1-4 K)
a) For lands shown as R1.1-3 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) One duplex and one antique shop in addition to the uses permitted in the R1.1 zone.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.4 above, new accessory buildings are permitted on
lands zoned (R1.1-4) and in accordance with regulations under Subsection 6.1.1.
6.1.1.5 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 5 (R1.1-5)' (R1-5 K)
a) For lands shown as R1.1-5 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) One duplex in addition to the uses permitted under Section 6.1 of this by-law.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.3 above, new accessory buildings are permitted on
lands zoned (R1.1-3) and in accordance with regulations under Subsection 6.1.1.
-111-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.6 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 6 (R1.1-6)' (R1-8 K)
a) For lands shown as R1.1-6 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) One retail store in an existing residence in addition to the uses permitted under
Section 6.1 of this by-law.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.6 above, new accessory buildings are permitted on
lands zoned (R1.1-6) and in accordance with regulations under Subsection 6.1.1.
6.1.1.7 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 7 (R1.1-7)' (R1-9 K)
a) For lands shown as R1.1-7 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A greenhouse operation.
c) Permitted Buildings and Structures
i)
Those buildings and structures existing at the date of passing of this by-law;
ii) In addition, the greenhouse buildings and structures.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding any other provision of this by-law, the following special provisions
shall apply to lands zoned (R1.1-7):
a) The maximum lot coverage for all buildings and structures on lands zoned (R1.1-
7) shall be seventy-five percent (75%);
b) Front yard setback from County Road 50 shall be a minimum of 29 m (95 ft);
c) New accessory buildings are permitted on lands zoned (R1.1-7) and in
accordance with regulations under Subsection 6.1.1.
6.1.1.8 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 8 (R1.1-8)' (R1-10 K)
a) For lands shown as R1.1-8 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
-112-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding any other provision of this by-law, the following special provisions
shall apply to lands zoned (R1.1-8):
a) Front yard setback from County Road 50 shall be a minimum of 29 m (95 ft);
b) New accessory buildings are permitted on lands zoned (R1.1-8) and in
accordance with regulations under Subsection 6.1.1.
6.1.1.9 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 9 (R1.1-9)' (R1-11 K)
a) For lands shown as R1.1-9 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1); and
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
d) Zone Provisions
Notwithstanding zone provisions above in Subsection 6.1., the following regulations shall
apply to lands zoned (R1.1-9):
a) Front yard setback from County Road 50 shall be a minimum of 29 m;
b) New buildings are permitted on lands zoned (R1.1-9) and in accordance with
regulations under Subsection 6.1.1.
i)
Minimum Lot area - 420 m2;
ii) Minimum Lot frontage - 15 m;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front yard - 2.8 m ;
v) Minimum Rear yard - 7.5 m;
vi) Minimum Interior Side yard - 0.4 m;
vii) Minimum Exterior Side yard - 4.5 m;
viii) Maximum Height of Buildings and Structures - 10 m.
6.1.1.10 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 10 (R1.1-10)' (R1-12 K)
a) For lands shown as R1.1-10 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A medical office.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
as they existed on the date and passing of this By-law;
ii) Notwithstanding other provisions of this by-law, new accessory buildings are
permitted on lands zoned (R1.1-10) and in accordance with regulations under
Subsection 6.1.1.
-113-
Comprehensive Zoning By-law 1-2014
January 2023
iii) New main residences shall be located in compliance with Section 6.1.1 (R1.1) zone.
6.1.1.11 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 11 (R1.1-11)' (R1-13 K)
a) For lands shown as R1.1-11 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A funeral home;
iii) A secondary residential unit.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
as they existed on the date and passing of this By-law;
ii) Notwithstanding other provisions of this by-law, new accessory buildings are
permitted on lands zoned (R1.1-11) and in accordance with regulations under
Subsection 6.1.1.
6.1.1.12
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 12 (R1.1-12)' (R1-14 K)
a) For lands shown as R1.1-12 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) Retail store, personal service shop, office, banks, and financial institutions.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
as they existed on the date and passing of this By-law;
ii) Notwithstanding other provisions of this by-law, new accessory buildings are
permitted on lands zoned (R1.1-12) and in accordance with regulations under
Subsection 6.1.1.
iii) New main buildings shall be located in compliance with Section 6.1.1 (R1.1) zone.
6.1.1.13
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 13 (R1.1-13)' (R1-17 K)
a) For lands shown as R1.1-13 on Map 77 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
as they existed on the date and passing of this By-law;
-114-
Comprehensive Zoning By-law 1-2014
January 2023
ii) Notwithstanding Subsection 6.1.1.1 above, new accessory buildings are permitted
on lands zoned (R1.1-13) and in accordance with regulations under Subsection
6.1.1.
iii) New main buildings shall be located in compliance with Section 6.1.1 (R1.1) zone.
6.1.1.14
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 14 (R1.1-14)' (R1-19 K)
a) For lands shown as R1.1-14 on Map 72 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A dental office.
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
d) Zone Provisions
i)
Notwithstanding other provisions of (R1.1) zone, the following regulations shall
apply to lands zoned (R1.1-14):
i)
Minimum Lot area - 1000 m2;
ii) Minimum Lot frontage - 24 m;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front yard - 5 m;
v) Minimum Rear yard - 4.5 m;
vi) Minimum Interior Side yard - 2.2 m;
vii) Minimum Exterior Side yard - 4.5 m;
viii) Maximum Height of Buildings and Structures - 10 m
ix) Minimum number of parking spaces - 12 spaces.
6.1.1.15
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 15 (R1.1-15)' (R1-20 and R1-21 K)
a) For lands shown as R1.1-15 on Map 72 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A professional office but excluding medical offices.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall
be as they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.1.1.1 above, new accessory buildings are
permitted on lands zoned (R1.1-15) and in accordance with regulations under
Subsection 6.1.1.
iii) New main buildings shall be located in compliance with Section 6.1.1 (R1.1) zone;
iv) A minimum of 6 parking spaces shall be provided for the professional office use.
-115-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.16
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 16 (R1.1-16)' (R1-24 K)
a) For lands shown as R1.1-16 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A parking lot.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall
be as they existed on the date and passing of this By-law;
ii) Notwithstanding other provisions of this by-law, new accessory buildings are
permitted on lands zoned (R1.1-16) and in accordance with regulations under
Subsection 6.1.1.
iii) New main buildings shall be located in compliance with Section 6.1.1 (R1.1) zone
iv) Notwithstanding provisions under Section 5. of this by-law, the minimum length of
a parking space within the (R1.1-16) zone shall have 5.4 m length.
6.1.1.17
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 17 (R1.1-17)' (R1-25 K)
a) For lands shown as R1.1-17 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
i)
One single detached dwelling;
ii) One semi-detached dwelling;
iii) Semi-detached dwelling unit;
d) Zone Provisions
i)
Notwithstanding zone provisions above in Subsection 6.1.1.3, the following
regulations shall apply to lands zoned (R1.1-17):
Single unit detached
Semi-detached
Semi-detached
dwelling unit
dwelling
Lot area (min)
800
2
m
400
2
m
800
2
m
Lot frontage (min)
20 m
10 m
20 m
Lot coverage (max)
35%
40%
35%
Open space (min)
50%
35%
45%
Building
(max)
height
10.6 m
10.6 m
10.6 m
Front Yard (min)
4.5 m
4.5 m
4.5 m
1.5 meters or where
1.5 meters
1.5 meters
Interior
(min)
Side Yard
there is no attached
garage, 3 m on one
side and 1.5 m on
except where
there is a
common wall, a
except where
there is a
common wall, a
the other side
0 m side yard is
0 m side yard is
required.
required.
Rear Yard (min)
7.5 m
7.5 m
7.5 m
-116-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.18
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 18 (R1.1-18)' (R1-26 K)
a) For lands shown as R1.1-18 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
d) Zone Provisions
Notwithstanding zone provisions above in Subsection 6.1.1.3, the following
regulations shall apply to lands zoned (R1.1-18):
i)
Minimum Lot area - 290 m2;
ii) Minimum Lot frontage - 13.8 m;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front Yard - 4.5 m;
v) Minimum Rear Yard - 2 m;
vi) Minimum Interior Side Yard - 1.5 m;
vii) Maximum Height of Buildings and Structures - 10 m
6.1.1.19
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 19 (R1.1-19)' (R1-27 K)
a) For lands shown as R1.1-19 on Map 73 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
i)
one single detached dwelling
ii) Buildings and structures accessory to the permitted use in accordance with 4.2 of
this By-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall
be in accordance with Section 6.1.;
ii) Notwithstanding other provisions of (R1.1) zone, the following provisions shall
apply to lands zoned (R1.1-19):
a) Minimum lot area - 500 m2;
b) Minimum lot frontage - 14 m.
6.1.1.20
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 20 (R1.1-20)' (125-2018)
a) For lands shown as R1.1-20 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) An inn, an assembly hall, a banquet and a gift shop, OR;
iii) A holistic wellness centre and an accessory gift shop.
-117-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone;
ii) One dwelling unit above a garage;
iii) One single detached dwelling;
iv) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
in accordance with Section 6.1;
ii) Notwithstanding the provisions of Section 6.1 of By-law No. 1-2014 to the
contrary, an inn, an assembly hall and a banquet facility shall have a minimum
front, rear, interior side and an exterior side yard dimension of 15 m, and as
permitted in clause (b) ii), shall:
a) Be subject to an executed site plan control agreement between the landowner
and the Municipality
b) Not change the residential character of the dwelling;
c) Be owner occupied;
d) Provide and maintain parking spaces in accordance with the executed site
plan agreement;
e) Not have a portion of a guest room located below grade or within a basement,
walkout basement or cellar;
f) Not be combined with any other home occupation, group home or boarding
house.
iii) Notwithstanding the provisions of Section 6.1 of By-law No. 1-2014 to the
contrary, a holistic wellness centre as permitted in clause (b) iii), shall:
a) Be subject to an executed site plan control agreement between the landowner
and the Municipality;
b) Not change the residential character of the dwelling;
c) Be owner occupied;
d) Provide and maintain parking spaces in accordance with the executed site
plan agreement;
e) Have a maximum of 4 guest rooms;
f) Not have a portion of a guest room located below grade or within a basement,
walkout basement or cellar;
g) Not be combined with any other home occupation, group home or boarding
house.
-118-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.21
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 21 (R1.1-21)' (R1-29 K)
a) For lands shown as R1.1-21 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A service and repair shop;
iii) A contractors or tradesman's office, shop, yard and retail facility.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall
be in accordance with Section 6.1;
ii) Notwithstanding the provisions of Section 6.1, the following provisions shall apply
to lands zoned (R1.1-21):
a) Maximum building height - 10 m;
b) No outside storage of goods or materials;
c) No parking of heavy construction equipment is permitted outside.
6.1.1.22
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 22 (R1.1-22)' (R1-30 K)
a) For lands shown as R1.1-22 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A personal service shop;
iii) A professional office.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall
be in accordance with Section 6.1;
ii) All lands zoned (R1.1-22) and the development of these lands are subject to site
plan control.
6.1.1.23
'RESIDENTIAL ZONE 1 URBAN EXCEPTION 23 (R1.1-23)' (R1-30 K)
a) For lands shown as R1.1-23 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 6.1 in the (R1.1) zone;
ii) Single detached dwelling
iii) Semi-detached dwelling
iv) Semi-detached dwelling unit
-119-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i) All lot and building requirements for the permitted buildings and structures shall
be in accordance with Section 6.1;
ii) Notwithstanding the provisions of Section 6.1, the following provisions shall apply
to single detached residential lots for lands zoned (R1.1-23):
i)
Minimum Lot area - 560 m2;
ii) Minimum Lot frontage - 15 m;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front Yard - 4.5 m;
v) Minimum Rear Yard - 7.5 m;
vi) Minimum Interior Side Yard - 1.5 m;
vii) Maximum Height of Buildings and Structures - 10 m
iii) Notwithstanding the provisions of Section 6.1, the following provisions shall apply
to semi-detached residential lots for lands zoned (R1.1-23):
i)
Minimum Lot area - 500 m2;
ii) Minimum Lot frontage - 12.5 m per unit;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front Yard - 4.5 m;
v) Minimum Rear Yard - 7.5 m;
vi) Minimum Interior Side Yard - 1.5 m and 0 m on the common wall side;
vii) Maximum Height of Buildings and Structures - 10 m.
6.1.1.24 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 24 (R1.1-24)' (R1-31 K)(R3-10) S
a) For lands shown as R1.1-24 on Map 78 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1
Residential Zone 1 Urban (R1.1.
c) Permitted Buildings and Structures
Those buildings and structures permitted
under Section 6.1 in the (R1.1) zone.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.1 with the exception of the following:
Minimum lot area - 720 m2
Minimum lot frontage - 18 m
Maximum lot coverage 35%
-120-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.25 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 25 (R1.1-25)' (R1-32 K)
a) For lands shown as R1.1-25 on Map 78 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) A winery;
iii) Accessory uses to the permitted uses.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone;
ii) A winery;
iii) Accessory buildings and structures to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
in accordance with Section 6.1.;
ii) Notwithstanding the provisions of Section 6.1, the following provisions shall apply to
lands zoned (R1.1-25)
i)
Minimum Lot area - 560 m2;
ii) Minimum Lot frontage - 15 m;
iii) Maximum Lot coverage - 35%;
iv) Minimum Front Yard - 15 m;
v) Minimum Rear Yard - 10 m except where the use abuts a Residential (R) zone
the minimum rear yard setback shall be 15 m;
vi) Minimum Interior Side Yard - 4.5 m except where the use abuts a Residential
(R) zone the minimum side yard setback shall be 15 m;
vii) Minimum Exterior side yard - 7.6 m;
viii) Maximum Height of Buildings and Structures - 10.5 m;
ix) No outside storage of goods or materials shall be permitted in the front yard,
exterior side yard or any yard adjacent to a Residential (R) zone.
6.1.1.26 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 26 (R1.1-26)' (59-2014)
a) For lands shown as R1.1-26 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses (87-2016)
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) An Inn in an existing single-detached dwelling;
iii) A Secondary Dwelling Unit in an accessory building.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
in accordance with Section 6.1;
ii) Notwithstanding the provisions of Sections 3.7.6 and 6.1 of By-law No. 1-2014 to
the contrary, an Inn as permitted in clause (b) ii) above, shall:
a) be subject to an executed site plan control agreement between the landowner,
the commercial operator of the Inn and the Municipality;
b) Not change the residential character of the dwelling;
-121-
Comprehensive Zoning By-law 1-2014
January 2023
c) Have a maximum of four (4) guest rooms;
d) Provide and maintain parking spaces in accordance with the executed site plan
agreement;
e) Not include a liquor licensed premise or other facilities for the servicing of
alcoholic beverages to the general public;
f) Not have a portion of a guest room located below grade or within a basement,
walkout basement or cellar;
g) Not be combined with any other home occupation, group home or boarding
house;
h) Not provide outdoor or indoor Amenity space for any purpose other than for the
use and enjoyment by guests staying in the guest rooms;
i)
Not have any portion of a guest room containing facilities for the preparation of
meals; and
j)
Have all other applicable provisions of this By-law be in compliance.
6.1.1.27 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 27 (R1.1-27)' (17-2015)
a) For lands shown as R1.1-27 on Map 72 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);
ii) Professional offices
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.1 in the (R1.1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.1.1.
6.1.1.28 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 28 (R1.1-28)'
a) For lands shown as R1.1-28 on Map 72 Schedule "A" of this By-law. (72-2019)
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.1
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements shall be in accordance with the following:
i)
Provisions of the (R1.1) Section 6.1 shall apply to the lands Zoned (R1.1-28);
ii) Notwithstanding the Zone provisions of Section 6.1, the following additional
provisions shall apply to lands Zoned (R1.1-28):
a) Minimum Rear Yard - 1.5m;
b) Minimum Exterior Side yard - 2.0m.
-122-
Comprehensive Zoning By-law 1-2014
January 2023
6.1.1.29 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 29 (R1.1-29)'
a) For lands shown as R1.1-29 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
A private school
c) Permitted Buildings and Structures
i) Those buildings and structures permitted in Section 6.1
ii) An existing dwelling for a private school
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements shall be in accordance with the provisions of the
(R1.1) Section 6.1.1 c) for the lands Zoned (R1.1-29);
i) Notwithstanding the Zone provisions of Section 6.1, for lands zoned (R1.1-29)
the maximum number of students attending a private school shall be limited to
20 or in accordance with the prescribed occupancy limit determined by Fire
and Building Code, whichever is less.
6.1.1.30 'RESIDENTIAL ZONE 1 URBAN EXCEPTION 30 (R1.1-30)'
a) For lands shown as R1.1 on Map 78 Schedule "A" of this By-law. (74-2020)
b) Permitted Uses
i) Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1).
c) Permitted Buildings and Structures
i) Semi-detached dwelling;
ii) Semi-detached dwelling unit;
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements shall be in accordance with the following:
i) Provisions of the (R1.1) Section 6.1 shall apply to the lands Zoned (R1.1-30);
ii) Notwithstanding the Zone provisions of Section 6.1, the following additional
provisions shall apply to lands Zoned (R1.1-30):
a) Minimum Exterior Side Yard -3 m (10 ft.);
-123-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.1.2
RESIDENTIAL ZONE 1 RURAL/URBAN (R1.2)
(Low Density Residential - Ruthven/Cottam)
a) Permitted Uses
i)
Main use
Residential use;
Boarding, lodging, and rooming - house Residential; or
Group home.
ii) Accessory use
One Bed and breakfast;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
One, single detached dwelling;
Buildings and structures accessory to the Main use.
c) Regulations
i) Lot area (minimum)
1. 700 m2 (7,535 ft2) if the residence is connected to all three
municipal water, sewer, and storm water services;
2. 1,400 m2 (15,070 ft2) if the residence is not connected to
any one of three municipal water, sewer, and storm water
services.
ii) Lot frontage (minimum)
1. 15 m (50 ft) if the residence is connected to all three
municipal water, sewer, and storm water services;
2. 30 m (100 ft) if the residence is not connected to any one of
three municipal water, sewer, and storm water services.
iii) Open Space (minimum)
30 %
iv) Lot coverage (maximum)
35 %
v) Front yard depth (minimum)
6 m (20 ft)
vi) Rear yard depth (minimum)
7.5 m (25 ft)
vii) Interior Side yard width (minimum)
1.
1.5 m (5ft) with an attached garage or carport; or
2. 1.5 m (5 ft) on one side of the main building and 3.0 m (10
ft) on the other side when there is no attached garage or
carport.
viii) Exterior side yard width (minimum)
4.5 m (15 ft)
ix) Main building height (maximum)
11 m (36 ft)
-124-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii) The following supplementary regulations shall also apply to lands zoned (R1.2):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
Subsection 6.1.2 e) RESIDENTIAL ZONE 1 URBAN/RURAL (R1.2) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall
also be permitted, subject to the provisions of the zone category and any other provisions of this by-
law applicable to such accessory use.
-125-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.2.1
RESIDENTIAL ZONE 2 URBAN (R2.1)
(Low Density Residential - Kingsville Centre)
a) Permitted Uses
Residential use;
Boarding, lodging, and rooming - house Residential;
i)
Main use
Group home; or
Nursing or Rest home.
One Home occupation;
ii) Accessory use
Accessory uses to the Main use.
b) Permitted Buildings and Structures
One single detached dwelling;
One converted dwelling with a maximum of two dwelling units;
One duplex dwelling;
i)
Permitted buildings
One semi-detached dwelling;
and structures:
One semi-detached dwelling unit;
One Group home or Nursing home;
Buildings and structures accessory to the Main use.
c) Regulations
Single detached
Semi-detached
Semi-detached dwelling
residence
dwelling & Duplex)
unit
i) Lot area (minimum)
400 m2 (4,305 ft2)
600 m2 (6,460 ft2)
300 m2 (3,225 ft2)
15 m (50 ft)
7.5 m (24.5 ft)
if an interior lot;
if an interior lot;
ii) Lot frontage (min)
12 m (40 ft)
19 m (62 ft)
11.5 m (38 ft)
if an exterior lot
if an exterior lot
iii) Open Space (min)
30%
iv) Lot coverage (max)
50%
v) Front yard depth (min)
5.5 m (18 ft)
vi) Rear yard depth (min)
7.5 m (25 ft)
-126-
Comprehensive Zoning By-law 1-2014
January 2023
vii) Interior Side yard
width (minimum)
1. 1.5 m (5ft) with an attached garage or carport; or
2. 1.5 m (5 ft) on one side of the main building and 3.0 m (10 ft) on the other
side when there is no attached garage or carport; and
3. 0 m side yard is allowed on the common wall side.
viii) Exterior side yard
width (minimum)
4.0 m (13 ft)
ix) Main building height
(maximum)
11 m (36 ft)
d) Supplementary Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii) The following supplementary regulations shall also apply to lands zoned (R2.1):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-127-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.2.1 e) RESIDENTIAL ZONE 2 URBAN (R2.1) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.2.1.1 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 1 (R2.1-1)' (R1-23 K)
a) For lands shown as R2.1-1 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1).
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
ii) Semi-detached dwelling unit.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-1;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
single unit of a semi-detached residential lot zoned (R2.1-1):
i)
Minimum Lot area - 300 m2;
ii) Minimum Lot frontage - 7.5 m;
iii) Maximum Lot coverage - 50 %;
iv) Minimum Front Yard - 4.8 m;
v) Minimum Rear Yard - 7.5 m;
vi) Minimum Interior Side yard - 1.5 m;
vii) Maximum Height of Buildings and Structures - 10.6 m.
6.2.1.2 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 2 (R2.1-2)' (R2-1 K)
a) For lands shown as R2.1-2 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1).
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-2;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
semi-detached dwelling unit lot zoned (R2.1-1):
i)
Minimum Lot area - 239 m2.
6.2.1.3 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 3 (R2.1-3)' (R2-2 K)
a) For lands shown as R2.1-3 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
-128-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) 3 townhouse dwellings with a maximum of 4 dwelling units per townhouse dwelling.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-3;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
townhouse dwelling on lands zoned (R2.1-1):
i)
Minimum lot frontage - 5 m per dwelling unit;
ii) Minimum front yard - 4.5 m;
iii) Minimum rear yard - 4.5 m;
iv) Minimum side yard - 4.5 m;
v) Parking surface - crushed stone and gravel as surface parking treatment.
6.2.1.4 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 4 (R2.1-4)' (R2-4 K)
a) For lands shown as R2.1-4 on Map 73 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) Townhouse dwellings.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-4.
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
lands zoned (R2.1-1):
i)
Minimum Lot area:
Single family detached dwelling - 500 m2;
Duplex dwelling - 600 m2;
Semi-detached dwelling per dwelling unit - 325 m2;
Townhouse dwelling per dwelling unit - 250 m2;
ii) Minimum Lot frontage:
Single family detached dwelling - 15 m;
Duplex dwelling - 20 m;
Semi-detached dwelling per dwelling unit - 10 m;
Townhouse dwelling - 20m;
iii) Maximum Lot coverage - 35%;
iv) Minimum front yard - 4.5m;
v) Minimum rear yard - 7.5 m;
vi) Minimum interior side yard (single detached, semi-detached dwelling, duplex
dwelling) - 1.5 m per side
vii) semi-detached dwelling unit duplex dwelling unit or townhouse dwelling unit
-0 m side yard along the common wall;
viii) Minimum interior side yard (townhouse dwelling) - 4.5 m
ix) Maximum height of buildings - 10.6 m or 3 storeys.
-129-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.1.5 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 5 (R2.1-5)' (R2-5 K)
a) For lands shown as R2.1-5 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-5.
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
lands zoned (R2.1-5):
i)
Minimum Lot area - 1200 m2;
ii) Minimum Lot frontage - 20 m
iii) Maximum Lot coverage - 35%;
iv) Minimum front yard - 4.5m;
v) Minimum rear yard - 7.5 m;
vi) Minimum interior side yard - 1 m on one side and 0 m side yard on the side with
the common wall;
vii) Maximum height of buildings - 10 m.
6.2.1.6 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 6 (R2.1-6)' (R2-7, 9, 10 K)
a) For lands shown as R2.1-6 on Maps 72, 78 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) Townhouse dwellings, excluding apartment style buildings, with a maximum of 5 units
in the building.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-6.
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
lands zoned (R2.1-6):
-130-
Comprehensive Zoning By-law 1-2014
January 2023
Single detached
dwelling
Semi-detached
dwelling
Semi detached
dwelling unit
Townhouse
dwelling
Lot area
(minimum)
464 m2
557 m2
223 m2
854 m2
Lot frontage
(minimum)
15 m
18 m
7 m for interior
units, 8.8 m for
exterior units,
11.8 m for
exterior units
on corner lots
28 m
Landscaped
open space
(minimum)
30%
30%
30%
30%
Lot coverage
(maximum)
50%
50%
50%
40%
Building height
(maximum)
10.6 m
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
6 m
6 m
6 m
6 m
Interior Side
yard
(minimum)
1.5 m, or where
there is no
garage 1.5 m on
one side and 3 m
on the other side
1.5 m, or where
there is no
garage 1.5 m on
one side and 3
m on the other
side
1.5 m, or where
there is no
garage 1.5 m on
one side and 3 m
on the other
side, 0 m along
the common wall
3 m
Exterior Side
yard (min)
4.5 m
4.5 m
4.5 m
4.5 m
Rear yard
(minimum)
7.6 m
7.6 m
7.6 m
7.6 m
6.2.1.7 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 7 (R2.1-7)' (R2-11 K)
a) For lands shown as R2.1-7 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
-131-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-3;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
multiple residential building on lands zoned (R2.1-7):
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
580 m2
580 m2
274 m2
Lot frontage
(minimum)
15 m
15 m
7.2 m
Lot coverage
(maximum)
35%
35%
40%
Building
height
(maximum)
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
4.5 m
4.5 m
4.5 m
Interior Side
yard
(minimum)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the other
side, 0 m along the
common wall
Exterior Side
yard (min)
4.5 m
4.5 m
4.5 m
Rear yard
(minimum)
7.5 m
7.5 m
7.5 m
6.2.1.8 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 8 (R2.1-8)' (R2-12,13 K)
a) For lands shown as R2.1-8 on Maps 66, 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-8;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
multiple residential building on lands zoned (R2.1-8):
-132-
Comprehensive Zoning By-law 1-2014
January 2023
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
464 m2
557 m2
269 m2
Lot frontage
(minimum)
15 m
18 m
7.0 m
Lot coverage
(maximum)
35%
35%
40%
Building
height
(maximum)
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
4.5 m
4.5 m
4.5 m
Interior Side
yard
(minimum)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the other
side, 0 m along the
common wall
Exterior Side
yard (min)
4.5 m
4.5 m
4.5 m
Rear yard
(minimum)
7.6 m
7.6 m
7.6 m
6.2.1.9 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 9 (R2.1-9)' (R2-15 K) (ROBTC)
a) For lands shown as R2.1-9 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply to the lands zoned R2.1-9;
ii) Each lot must contain a Unit A attached to a Unit B: Unit A's are only permitted when
attached to a Unit B and Unit B's are only permitted when attached to a Unit A;
iii) No Lot shall contain two of the same units;
iv) Each semi-detached dwelling is permitted to have its ownership separated down the
common wall by either the Part Lot Control Exemption or the Consent to Sever
process;
-133-
Comprehensive Zoning By-law 1-2014
January 2023
v) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
lands zoned (R2.1-9):
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
430 m2
215 m2
Lot frontage
(minimum)
12 m
6.0 m
Lot coverage
(maximum)
52%
52%
Building height
(maximum)
7 m
7 m
Front yard
(minimum)
5.4 meters for Unit A
7.0 meters for Unit B
5.4 meters for Unit A
7.0 meters for Unit B
Interior Side
yard
(minimum)
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side and 0 m
on common wall side
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side and 0 m
on common wall side
Exterior
Side yard
(min)
4.5 m
4.5 m
Rear yard
(minimum)
6 m
6 m
6.2.1.10 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 10 (R2.1-10)' (R2-12 K)
a) For lands shown as R2.1-10 on Map 71 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-10;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
lands zoned (R2.1-10):
i)
Minimum lot frontage - 9.5 m per dwelling unit;
ii) Minimum lot area - 254 m2;
iii) Maximum lot coverage - 35%.
-134-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.1.11 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 11 (R2.1-11)' (67-2022)
a) For lands shown as R2.1-11 on Map 69 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i) Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) Those buildings existing at the date of passing of this by-law.
d) Zone Provisions
i) Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-11;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply a
single detached dwelling or a duplex dwelling on lands zoned (R2.1-11):
i) Minimum Lot area - 400 m2;
ii) Minimum Lot frontage - 10.5 m
iii) Minimum front yard - 4.5m;
iv) Minimum interior side yard - 1.2 m on one side of the main building, and 3.0 m
on the other side;
viii) Notwithstanding Section 5.7(a), the maximum driveway entrance width shall be
3.0 m.
6.2.1.12 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 12 (R2.1-12)' (BERNATH GARDENS)
a) For lands shown as R2.1-12 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1).
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-12;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to a
multiple residential building on lands zoned (R2.1-12):
-135-
Comprehensive Zoning By-law 1-2014
January 2023
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
464 m2
557 m2
269 m2
Lot frontage
(minimum)
15 m
15 m if an interior lot
7.0 m
19 m if an exterior lot
Lot coverage
(maximum)
40%
50%
50%
Building
height
(maximum)
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
4.5 m
4.5 m
4.5 m
Interior Side
yard
(minimum)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side, 0m on
the common wall side
Exterior Side
yard (min)
4.0 m
4.0 m
4.0 m
Rear yard
(minimum)
7.5 m
7.5 m
7.5 m
6.2.1.13 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 13 (R2.1-13)' (REMARK SUB'N)
a) For lands shown as R2.1-13 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) townhouse development.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-13;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall
apply to buildings and structures on lands zoned (R2.1-13):
-136-
Comprehensive Zoning By-law 1-2014
January 2023
Single detached
dwelling
Semi-detached dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
560 m2
600 m2
300 m2
Lot frontage
(minimum)
15 m
15 m if and interior lot or 19m
if an exterior lot
7.5 if an interior lot
and 9.5 m if an
exterior lot
Lot coverage
(maximum)
40%
50%
50%
Building height
(max)
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
5.5 m
5.5 m
5.5 m
Interior Side yard
(minimum)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where there is no
garage 1.5 m on one side
and 3 m on the other side
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side, 0m on
the common wall
side
Exterior Side yard
(minimum)
4.0 m
4.0 m
4.0 m
Rear yard
(minimum)
6 m
6 m
6 m
Bldg Separation
3 m plus 1 m per floor
Building Density
That a minimum of 60% of the residential lots in the subdivision be built
with single residential units and a maximum of 40% of the residential lots
to comprise semi-detached residential units.
-137-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.1.14 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 14 (R2.1-14)' (Conklin SUB'N)
a) For lands shown as R2.1-14 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) townhouse development;
iii) low rise apartment building;
iv) institutional buildings.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-14;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
buildings and structures on lands zoned (R2.1-14):
e) Holding (h) provision will be removed after authorization of a development (subdivision)
agreement by Council.
Single
detached
Semi-
detached
dwelling
Townhouse
dwelling
Semi-detached or townhouse
dwelling unit
Lot area
(minimum)
560 m2
600 m2
(6,450 ft2)
700 m2
(7,535 ft2)
300 m2
(2,150 ft2)
Lot frontage
(minimum)
15 m
15 m if an interior lot
7.5 m if an interior lot
19 m if an exterior lot
11.5 m if an exterior lot
Lot coverage
(maximum)
40%
50%
50%
50%
Front yard
(minimum)
6 m
6 m
6 m
6m
Building height
(max)
10 m (33 ft)
10 m (33 ft)
Interior Side yard
(min)
1.5 m (5ft) on both side yard with an
attached garage or carport for each
residential unit; or
1.5 m (5 ft) on one side of the main building
and 4.5 m (14.5 ft) on the other side when
there is no attached garage or carport;
0 m for the common wall side of a multiple
unit building (2 or more)
a) 1.5 m (5ft) side yards with an
attached garage or carport for
each residential unit; or
b) 4.5 m (14.75 ft) on one side of
the main building when there is
no attached garage or carport;
c) 0m interior side yard is required
for the common wall of the
triplex or townhouse units.
Exterior Side yard
(min)
4.5 m
4.5 m
Rear yard (min)
6 m
6 m
Building
Separation
3 m plus 1 m per floor
-138-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.1.15 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 15 (R2.1-15)' (Conklin SUB'N)
a) For lands shown as R2.1-15 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
ii) Commercial uses ancillary and supportive to the residential uses;
iii) naturalized recreational facility;
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.1 Residential Zone 2 Urban (R2.1);
ii) townhouse development;
iii) low rise apartment building;
iv) institutional buildings.
d) Zone Provisions
i)
Provisions of the (R2.1) Section 6.2 shall apply the lands zoned R2.1-15;
ii) Notwithstanding zone provisions of (R2.1), the following regulations shall apply to
buildings and structures on lands zoned (R2.1-15):
a) Apartment Building Regulations:
i)
All commercial uses shall be restricted to the main (ground) floor;
ii) Lot area:850 m2 minimum
iii) Lot frontage:30 m minimum
iv) Lot coverage:40% maximum
v) Building Separation:3 m plus 1 m per floor
vi) Interior side yard:30 m
vii) Exterior side yard:6 m
viii) Maximum density:80 apartment units/gross ha
ix) Front Yard (minimum):10 m
x) Rear Yard (minimum):10 m
xi) Height of building:
-
30 m-49 m setback - 10 m (33 ft) 3 storeys max;
-
50 m plus setback - 16.5 m (54 ft) 5 storeys max
b) Townhouse Regulations:
i)
Lot area:700 m2 minimum;
ii) Lot frontage:15 m minimum (interior lot)
19 m minimum (exterior lot)
iii) Lot coverage:50% maximum
iv) Exterior Side yard:4.5 m
v) Rear Yard:7.5 m
vi) Front Yard:6 m
vii) Building height:10 m (33 ft) (3 storeys)
vi) Maximum density:50 townhouse units/gross ha
vii) Interior side yard:
-
1.5 m (5 ft) and
-
0 m for the common wall side of a multiple unit building (2 or more).
c) Neighbourhood commercial store, professional offices, medical offices, and
personal service uses;
d) All commercial uses shall be restricted to the main (ground) floor.
e) The Holding (h) provision will be removed after the authorization of a
development (subdivision) agreement by Council.
-139-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.1.16 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 16 (R2.1-16)' (Winterberry Sub'd)
a) For lands shown as R2.1-16 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Other Structures
i)
One semi-detached dwelling;
ii) One semi-detached dwelling unit;
iii) Buildings and structures accessory to the permitted use(s).
d) Zone Provisions
The regulations and provisions of Section 6.2.1 shall apply to the uses permitted in the
(R2.1-16) Zone with the exception of the following provisions:
i)
Raised bungalow style of dwelling is prohibited;
ii) A Semi-detached dwelling is permitted on one lot subject to the following:
i.
Each lot must contain a Unit A attached to a Unit B;
ii. No lot shall contain two of the same units;
iii. A semi-detached dwelling unit is permitted as a Unit A or Unit B;
iii) The maximum height of a deck shall be 0.7 m (2.5 ft.) above the average grade. The
height is calculated from the top of the deck floor or porch floor to the average grade
surrounding the deck or porch on all sides and taken at 2 points on each side and
averaged over the one side;
iv) The maximum height off grade of the first floor shall be 0.6 m (2.0 ft.) as calculated
by the horizontal plane through the average finished grade (calculated and averaged
for each side and a horizontal plane through the top of the first floor;
v) All accessory structures and buildings shall be located a minimum of 2 m (6.5 ft) from
the rear lot line;
vi) A fence shall have a maximum height of 2.1 m (7 ft) from the finished grade;
vii) The property fronting McCallum Drive will only be used for residential purposes and a
street is a prohibited use on this property;
viii) The following site-specific provisions shall also apply to lands Zoned (R2.1-16):
-140-
Comprehensive Zoning By-law 1-2014
January 2023
Zone Provision
Semi-detached dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
580 m2
274 m2
Lot frontage
(minimum)
15 m
7.5 m
Lot coverage
(maximum)
40%
53%
Landscaped Open
Space
35%
35%
Building height
(max)
7 m
7 m
Front yard
(minimum)
5.5 m for Unit A
5.0 m for Unit B
5.5 m for Unit A
5.0 m for Unit B
Interior Side yard
(minimum)
1.2 m
1.2 m, 0 m on along
common wall
Exterior Side yard
(min)
3.0 m
3.0 m
Rear yard
(minimum)
5.0 m for Unit A
5.5 m for Unit B
5.0 m for Unit A
5.5 m for Unit B
6.2.1.17 'RESIDENTIAL ZONE 2 URBAN EXCEPTION 17 (R2.1-17)' (79-2019)
a) For lands shown as R2.1-17 on Map 73 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Urban (R2.1);
c) Permitted Buildings and Structures
i)
Those buildings and structures for the permitted uses under Section 6.2.1 b);
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.2.1 c) of this By-law.
Notwithstanding any other provisions of the by-law to the contrary a secondary dwelling
unit as outlined in Section 4.35.1 is not permitted.
6.2.1.18 - Liovas (Maple/Lansdowne) 27-2020 Map 75
-141-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.2.2
RESIDENTIAL ZONE 2 RURAL/URBAN (R2.2)
(Low Density Residential - Ruthven/Cottam)
a) Permitted Uses
i)
Main use
Residential use; or
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii) Accessory use
One Bed and breakfast;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
One single detached dwelling;
One converted, maximum two dwelling units; One duplex
dwelling;
One semi-detached dwelling; One semi-detached dwelling
unit;
One Group home or Nursing home;
Buildings and structures accessory to the Main use.
c) Regulations
i) Lot area (minimum)
1. 700 m2 (7,500 ft2) if the residence is connected to all
three municipal water, sewer, and storm water
services;
2. 1,400 m2 (15,070 ft2) if the residence is not connected to
any one of three municipal water, sewer, and storm water
services.
ii) Lot frontage (minimum)
1. 15 m (50 ft) if the residence is connected to all three
municipal water, sewer, and storm water services;
2. 30 m (100 ft) if the residence is not connected to any one of
three municipal water, sewer, and storm water services.
iii) Open Space (minimum)
30 %
iv) Lot coverage (maximum)
35 %
v) Front yard depth (minimum)
6 m (20 ft)
vi) Rear yard depth (minimum)
7.5 m (25 ft)
vii) Interior Side yard width (min)
1. 1.5 m (5ft) with an attached garage or carport; or
2. 1.5 m (5 ft) on one side of the main building and 3.0 m (10
ft) on the other side when there is no attached garage or
carport.
3. 0 m side yard is allowed on the common wall side.
-142-
Comprehensive Zoning By-law 1-2014
January 2023
viii) Exterior side yard width (min)
4.5 m (15 ft)
ix) Main building height (max)
11 m (36 ft)
d) Supplemental Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, and sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii)
The following supplementary regulations shall also apply to lands zoned (R2.2):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-143-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.2.2 e) RESIDENTIAL ZONE 2 RURAL/URBAN (R2.2) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.2.2.1
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION1 (R2.2-1)' (R2-3 N)
a) For lands shown as R2.2-1 on Map 6 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.2 Residential Zone 2 Rural/Urban (R2.2);
ii) A tea room, a gift shop, and other accessory uses to the retail commercial;
iii) One dwelling unit.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.2., the following provisions will apply to lands zoned
R2.2-1:
i)
Parking shall be restricted to the rear yard;
ii) 1 space for every 5 chairs devoted to the public;
iii) All new development will be subject to site plan control.
6.2.2.2
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 2 (R2.2-2)' (R2-4 N)
a) For lands shown as R2.2-2 on Map 6 Schedule "A" of this By-law.
b) Permitted Uses
i)
A tradesman's shop, office and personal service shops, a single detached dwelling, a
home occupation & buildings and structures accessory to the permitted uses.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with subsection 6.2.2
6.2.2.3
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 3 (R2.2-3)' (R2-1 S)
a) For lands shown as R2.2-3 on Map 54 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Rural/Urban (R2.2);
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
-144-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.2, new accessory buildings are permitted on lands
zoned (R2.2-3) and in accordance with regulations under Subsection 6.2.
6.2.2.4
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 4 (R2.2-4)' (R2-4 , 5 S)
a) For lands shown as R2.2-4 on Maps 60, 61 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.2 Residential Zone 2 Rural/Urban (R2.2);
ii) A contractor's shop and yard.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.2 Residential Zone 2 Rural/Urban
(R2.2);
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.2;
6.2.2.5
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 5 (R2.2-5)' (R2-9 S)
a) For lands shown as R2.2-5 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2.2 Residential Zone 2 Rural/Urban (R2.2);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.2.2 Residential Zone 2 Rural/Urban
(R2.2);
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.2;
ii) Notwithstanding provisions of Section 6.2.2, the minimum lot frontage of lands zoned
(R.2.2-5) shall be 17 m.
6.2.2.6 'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 6 (R2.2-6)' (R2-10 S) (Millbrook E)
a) For lands shown as R2.2-6 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2 Residential Zone 2 Rural/Urban (R2.2);
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.2 Residential Zone 2 Rural/Urban (R2.2);
ii) Single detached dwellings, semi-detached dwellings, semi-detached dwelling unit.
d) Zone Provisions
i)
Provisions of the (R2.2) Section 6.2 shall apply the lands zoned R2.2-6.
ii) Notwithstanding zone provisions of (R2.2), the following regulations shall apply to
lands zoned (R2.2-6):
-145-
Comprehensive Zoning By-law 1-2014
January 2023
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Townhouse
dwelling
Lot area
(minimum)
464 m2
557 m2
223 m2
854 m2
Lot frontage
(minimum)
15 m
18 m
7 m for interior
units,
8.8 m for exterior
units,
11.8 m for
exterior units on
corner lots
28 m
Landscaped
open space
(minimum)
30%
30%
30%
30%
Lot coverage
(maximum)
50%
50%
50%
50%
Building height
(max)
10.6 m
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
5.5 m
5.5 m
5.5 m
5.5 m
Interior Side
yard (min)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the other
side
1.5 m, or where
there is no
garage 1.5 m on
one side and 3 m
on the other side
1.5 m, or where
there is no
garage 1.5 m on
one side and 3 m
on the other side
3 m
Exterior Side
yard (min)
3 m
3 m
3 m
3 m
Rear yard
(minimum)
6 m
6 m
6 m
6 m
6.2.2.7
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 7 (R2.2-7)' (6-2016)
a) For lands shown as R2.2-7 on Map 16 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2.2;
c) Permitted Buildings and Structures
A single detached dwelling
Buildings and structures accessory to a single detached dwelling
-146-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
Notwithstanding any other provisions of the by-law to the contrary the construction of all
buildings and structures on lands zoned R2.2-7 shall be subject to site plan approval
including but not limited to the completion of an Environmental Impact Assessment as
referenced under Section 4.2.4 of the Kingsville Official Plan, such site plan shall be
completed to the satisfaction of the Town and Essex Region Conservation Authority.
6.2.2.8
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 8 (R2.2-8)' (83-2016)
a) For lands shown as R2.2-8 on Map 54 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2.2 Residential Zone 2 Rural/Urban (R2.2);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.2.2 Residential Zone Rural/Urban
(R2.2);
d) Zone Provisions
i)
Provisions of the (R2.2) Section 6.2 shall apply the lands zoned R2.2-8.
ii) Notwithstanding provisions of Section 6.2.2, the minimum exterior side yard setback
for lands zoned (R.2.2-8) shall be 3.048 m (10 ft.).
e) Holding Provisions
The holding (h) symbol shall not be removed until such time as appropriate servicing
arrangements, development agreements and any other agreement required by the
Municipality are executed. Existing uses shall be the only uses permitted in the interim.
6.2.2.9
'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 9 (R2.2-9)' (27-2017)
a) For lands shown as R2.2-9 on Map 61 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.2.2 Residential Zone 2 Rural/Urban (R2.2);
ii) A contractor's yard and shop limited to snow-removal and landscaping operated
within the permitted accessory buildings and structures on the property;
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses;
c) Zone Provisions
Provisions of the (R2.2) Section 6.2.2 shall apply the lands zoned R2.2-9.
-147-
Comprehensive Zoning By-law 1-2014
January 2023
6.2.2.10 'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 10 (R2.2-10)' (69-2017)
a) For lands shown as R2.2-10 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2.2 Residential Zone 2 Rural/Urban (R2.2);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.2.2 Residential Zone Rural/Urban
(R2.2);
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.2.2;
ii) Notwithstanding provisions of Section 6.2.2, the following shall apply to lands
zoned (R2.2-10):
a) Lot Frontage - 17 m, minimum
b) Lot Coverage - 50%, maximum
6.2.2.11 'RESIDENTIAL ZONE 2 RURAL/URBAN EXCEPTION 11 (R2.2-11)'
a) For lands shown as R2.2-11 on Map 7 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.2.2 Residential Zone Rural/Urban (R2.2);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.2.2
Residential Zone Rural/Urban (R2.2);
d) Zone Provisions
Provisions of the (R2.2) Section 6.2.1 c) shall apply to the lands zoned R2.2-11;
Notwithstanding Section 6.2.1 c) of the by-law to the contrary the following shall apply to
lands zoned R2.2.-11:
-148-
Comprehensive Zoning By-law 1-2014
January 2023
R2.2.-11
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area
(minimum)
680 m2
1,000 m2
500 m2
Lot frontage
(minimum)
15 m
22 m
11 m
Landscaped
open space
(minimum)
30%
30%
30%
Lot coverage
(maximum)
40%
50%
50%
Building height
(max)
10.6 m
10.6 m
10.6 m
Front yard
(minimum)
6 m
6 m
6 m
Interior Side yard
(min)
1.5 m, or where
there is no garage
1.5 m on one side
and 3 m on the
other side
1.5 m, or where
there is no
garage 2 m
1.5 m, or where
there is no garage
2 m, 0 m along the
common wall
Exterior Side
yard (min)
3 m
3 m
3 m
Rear yard
(minimum)
7.5 m
7.5 m
7.5 m
-149-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.3.1
RESIDENTIAL ZONE 3 URBAN (R3.1)
(Medium Density Residential - Kingsville Centre)
a) Permitted Uses
i)
Main use
Residential;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii) Accessory use
One Bed and breakfast;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
One converted dwelling containing a maximum three dwelling units;
Townhouse complex containing a maximum three dwelling units;
Triplex complex;
Townhouse dwelling with a maximum of three units;
Townhouse dwelling unit
One Group home;
Nursing or Rest home;
Buildings and structures accessory to the Main use.
c) Regulations
Converted dwelling
Townhouse dwelling Townhouse dwelling
unit
i) Lot area
(minimum)
450 m2 (4,844 ft2)
495 m2 (5,330 ft2)
165 m2 (1,776 ft2)
ii) Lot frontage (minimum)
16 m (53 ft)
25 m (80 ft) if an
interior lot;
7.5 m (25 ft) for interior
units
8.5 m (28 ft) for end units
on interior lots
29 m if a corner lot
11.5 m for exterior units
on corner lots
iii) Open Space (minimum)
30 %
iv) Lot coverage (max)
50 %
55 %
v) Front yard depth (min)
5.5 m (18 ft)
vi) Rear yard depth (min)
7.5 m (25 ft)
7.5 m (5 ft)
7.5 m (25 ft)
-150-
Comprehensive Zoning By-law 1-2014
January 2023
Converted dwelling
Townhouse dwelling
Townhouse dwelling
unit
vii) Interior Side yard width
minimum)
a) 1.5 m (5ft) on both
side yards with an
attached garage or
carport; or
b) 1.5 m (5 ft) on one
side of the main
building and 3.0 m (10
ft) on the other side
when there is no
attached garage or
carport.
a) 1.5 m (5ft) on both
side yards with an
attached garage or
carport for each
residential unit; or
b) 1.5 m (5 ft) on one
side of the main
building and 4.0 m
(13 ft) on the other
side when there is
no attached garage
or carport;
c) 0m interior side
yard is required for
the common wall of
the townhouse
dwelling unit.
a) 1.5 m (5ft) side yards
with an attached
garage or carport for
each residential unit;
or
b) 4.0 m (13 ft) on one
side of the main
building when there is
no attached garage or
carport;
c) 0m interior side yard
is required for the
common wall of the
townhouse dwelling
unit.
viii) Exterior side yard width
(minimum)
4.0 m (13 ft)
ix) Main building height
(maximum)
11 m (36 ft)
d) Supplemental Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii)
The following supplementary regulations shall also apply to lands zoned (R3.1):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-151-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.3.1 e) RESIDENTIAL ZONE 3 URBAN (R3.1) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of
the zone category, the provision(s) of this subsection apply; otherwise the other zone
category provisions and all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto
shall also be permitted, subject to the provisions of the zone category and any other
provisions of this by-law applicable to such accessory use.
6.3.1.1
'RESIDENTIAL ZONE 3 URBAN 1 (R3.1-1)' (R3-1)S
a) For lands shown as R3.1-1 on Map 78 Schedule "A" of this By-law.
b) Permitted Uses
A winery and associated accessory uses;
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.3.1 Residential Zone 2 Urban (R3.1);
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-1;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations
shall apply to lands zoned (R3.1-1):
i)
Minimum front yard - 15 m;
ii) Minimum rear yard - 10 m except where the (R3.1-1) zone abuts a
Residential zone where the minimum rear yard shall be 15 m;
iii) Minimum side yard - 4.5 m except where the (R3.1-1) zone abuts a
Residential zone where the minimum side yard setback shall be 15 m;
iv) Minimum exterior side yard - 7.6 m;
v) Parking - as established in the site plan agreement;
vi) No outdoor storage of goods or materials shall be permitted in the
required front yard, exterior side yard or any yard adjacent a
Residential zone.
6.3.1.2
'RESIDENTIAL ZONE 3 URBAN 2 (R3.1-2)' (R3-2 K)
a) For lands shown as R3.1-2 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
A rest home with a maximum of 110 beds.
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.3.1 Residential Zone 3 Urban (R3.1).
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-2;
ii)
Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-2):
i)
Minimum lot area - 1 ha;
ii) Minimum front, side, and rear yard - 7.5 m;
iii) Maximum height - 1 storey.
-152-
Comprehensive Zoning By-law 1-2014
January 2023
6.3.1.3
'RESIDENTIAL ZONE 3 URBAN 3 (R3.1-3)' (R3-3 K)
a) For lands shown as R3.1-3 on Map 77 Schedule "A" of this By-law.
b) Permitted Uses
Multiple residential use.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding by-law provisions, new accessory buildings are permitted on lands
zoned (R3.1-3) and in accordance with regulations under Subsection 6.3.1.
6.3.1.4 'RESIDENTIAL ZONE 3 URBAN 4 (R3.1-4)' (R3-4 K)
a) For lands shown as R3.1-4 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
An apartment building with not more than 42 residential units and a rest home or nursing
home/retirement home with a maximum of 120 suites and accessory uses.
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.3.1 Residential Zone 3 Urban (R3.1).
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-2;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-4):
i)
Minimum lot area - 1.8 ha;
ii)
Minimum lot frontage - 36 m;
iii)
Minimum front yard - 7.5 m;
iv)
Minimum rear yard - 10 m;
v)
Minimum side yard - 3.0 m on the west side of the property with 7.5 m side
yards for the east side of the property.
vi)
Maximum height - 10 m;
vii)
Parking required - 61 spaces required;
viii) Landscaping - in compliance with the site plan agreement;
ix)
Parking location - no parking area shall be located closer than 3 m to any lot
line.
6.3.1.5 'RESIDENTIAL ZONE 3 URBAN 5 (R3.1-5)' (R3-5 K)
a) For lands shown as R3.1-5 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
An apartment dwelling with a maximum of 9 units.
c) Permitted Buildings and Structures
Those buildings existing at the date of passing of this by-law.
-153-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-5;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-5):
i)
Minimum lot area - 1,390 m2;
ii) Minimum lot frontage - 23 m;
iii) Minimum front yard - 3.7 m;
iv) Minimum rear yard - 9 m.
6.3.1.6 'RESIDENTIAL ZONE 3 URBAN 6 (R3.1-6)' (R3-1 K)
a) For lands shown as R3.1-6 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses as permitted under Section 6.3.1.
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.3.1
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-6;
ii) Notwithstanding zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-6):
i)
Minimum lot area - 345 m2 for interior units;
- 420 m2 for exterior units;
ii) Minimum lot frontage
-8.5 m for interior units;
-10 m for exterior units;
-11 m for exterior units on a corner;
iii) Minimum front yard- 6 m;
iv) Minimum rear yard- 7.6 m;
v) Minimum interior side yard-1.8 m and 0 m on common wall;
v) Minimum exterior side yard- 3 m.
6.3.1.7 'RESIDENTIAL ZONE 3 URBAN 7 (R3.1-7)' (R3-7 K)
a) For lands shown as R3.1-7 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
Those uses as permitted under Section 6.3.1.
c) Permitted Buildings and Structures
i)
Those buildings permitted 3under Section 6.3.1;
ii) Not more than three multiple unit dwellings and excluding apartment style dwellings;
iii) Maximum of 5 units in each multiple dwelling.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-7;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-4):
i)
Minimum lot area- 1 ha;
ii) Minimum lot frontage- 26 m;
iii) Maximum lot coverage- 25%;
-154-
Comprehensive Zoning By-law 1-2014
January 2023
iv) Maximum building height- 1 storey;
v) Minimum setback from north lot line- 17 m;
vi) Minimum setback from south lot line- 35 m;
vii) Minimum setback from east lot line- 12 m;
viii) Minimum setback from west lot line- 94 m from the north portion of the line that
abuts the street and 3 m from the balance of the line.
6.3.1.8
'RESIDENTIAL ZONE 3 URBAN 8 (R3.1-8)' (R3-8 K)
a) For lands shown as R3.1-8 on Map 65 Schedule "A" of this By-law.
b) Permitted Uses
An apartment dwelling with a maximum of 20 units.
c) Permitted Buildings and Structures
Those buildings existing at the date of passing of this by-law.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-8;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-8):
i)
Minimum lot area - 3250 m2;
ii) Minimum lot frontage - 26 m;
iii) Minimum front yard - 53 m;
iv) Minimum rear yard - 9 m;
v) Minimum interior side yard - 7 m;
vi) Minimum exterior side yard - 7.5 m
vii) Height of main buildings - 3 storeys or 10 m;
viii) Parking - 1.5 spaces per dwelling unit.
6.3.1.9
'RESIDENTIAL ZONE 3 URBAN 9 (R3.1-9)' (R3-9 K)
a) For lands shown as R3.1-9 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
An apartment building.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-8;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-8):
i)
Minimum lot area - 6300 m2;
ii) Minimum lot frontage - 40 m;
iii) Minimum front yard - 10 m;
iv) Minimum rear yard - 15 m;
v) Minimum interior side yard - 6 m;
vi) Minimum exterior side yard - 9 m
vii) Height of main buildings - 3 storeys or 10 m;
viii) Lot coverage - 35 %.
-155-
Comprehensive Zoning By-law 1-2014
January 2023
6.3.1.10 'RESIDENTIAL ZONE 3 URBAN 10 (R3.1-10)' (R3-10 K)
a) For lands shown as R3.1-10 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
An apartment dwelling with a maximum of 13 dwelling units.
c) Permitted Buildings and Structures
Those buildings existing at the date of passing of this by-law.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-10;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-10):
i)
Minimum lot area - 255 m2 per unit;
ii) Minimum lot frontage - 6 m per unit;
iii) Minimum front yard - 4.5 m;
iv) Minimum rear yard - 6 m;
v) Minimum interior side yard - 1.5 m with 0m for a common wall;
vi) Minimum exterior side yard - 3.8 m
vii) Height of main buildings - 3 storeys or 10 m.
6.3.1.11 'RESIDENTIAL ZONE 3 URBAN 11 (R3.1-11)' (R3-11 K)
a) For lands shown as R3.1-11 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
Townhouse dwelling containing a maximum of 4 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
as they existed on the date and passing of this By-law;
ii) Notwithstanding by-law provisions, additions to the existing dwelling and new
accessory buildings are permitted on lands zoned (R3.1-11) and in accordance with
regulations under Subsection 6.3.1.
6.3.1.13 'RESIDENTIAL ZONE 3 URBAN 13 (R3.1-13)' (R3-13 K)
a) For lands shown as R3.1-13 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
An apartment building with a maximum of 32 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
-156-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-13;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-13):
i)
Minimum lot area - as existing;
ii) Minimum lot frontage - as existing;
iii) Minimum front yard - 8.5 m;
iv) Minimum rear yard - 7.5 m;
v) Minimum interior side yard - 12 m;
vi) Minimum exterior side yard - 6 m
vii) Height of main buildings - 19 m;
viii) Lot coverage - 35 %;
ix) The exterior stairs, balconies, decks and parking lot facilities shall be allowed to
encroach into all required yards and in compliance with the site plan and shall
not be included in the lot coverage calculations.
6.3.1.14 'RESIDENTIAL ZONE 3 URBAN 14 (R3.1-14)' (R3-14 K)
a)
For lands shown as R3.1-14 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Those uses as permitted under Section 6.3.1.
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.3.1;
ii)
One Townhouse dwelling unit per lot up to a maximum of 14 dwelling units;
iii)
One semi-detached dwelling unit per lot up to a maximum of 4 dwelling units.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-14;
ii)
Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-4):
i)
Minimum lot area
- semi-detached unit - 280 m2;
- townhouse dwelling unit - 200 m2;
ii)
Minimum lot frontage - semi-detached dwelling unit- 5.0 m;
- townhouse dwelling unit - 8.2 m for interior lots, 4.2 m
for exterior lots and 17 m for exterior units on exterior
lots;
iii)
Maximum lot coverage - 45% for semi-detached dwelling unit;
- 52% for interior townhouse dwelling units, 45 %
for exterior townhouse dwelling units;
iv)
Maximum building height - 1 storey;
v)
Minimum front yard - 6.0 m;
vi)
Minimum interior side yard - 1.2 m and 0m on common wall;
vii)
Minimum exterior side yard - 2.4 m;
viii)
Minimum rear yard - 6 m;
ix)
Parking - 1 parking space per dwelling unit is required.
-157-
Comprehensive Zoning By-law 1-2014
January 2023
6.3.1.15 'RESIDENTIAL ZONE 3 URBAN 15 (R3.1-15)' (R3-15 K)
a) For lands shown as R3.1-15 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Those uses as permitted under Section 6.3.1.
c) Permitted Buildings and Structures
i)
Those buildings permitted under Section 6.3.1;
ii)
One townhouse dwelling per lot up with a maximum of 5 units in each block;
iii)
Townhouse dwelling unit.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-15;
ii)
Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-15):
Townhouse dwelling
Townhouse dwelling unit
Lot area
(minimum)
1300 m2
270 m2
Lot frontage
(minimum)
26 m
7 m
Lot coverage
(maximum)
42%
55%
Building height
(maximum)
10 m
10 m
Front yard
(minimum)
6 m
6 m
Interior Side
yard
(minimum)
3 m
1.5 m, or where there is no garage
1.5 m on one side and 3 m on the
other side and 0 m on common wall
side
Exterior Side
yard (min)
4.5 m
4.5 m
Rear yard
(minimum)
7.5 m
7.5 m
6.3.1.16 'RESIDENTIAL ZONE 3 URBAN 16 (R3.1-16)' (R3-16 K)
a) For lands shown as R3.1-16 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Uses as defined under Section 6.3.
c) Permitted Buildings and Structures
Townhouse dwelling to a maximum of 5 units
Townhouse dwelling unit
-158-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-16;
ii)
Notwithstanding the zone provisions of (R3.1), the following regulations shall apply
to lands zoned (R3.1-16):
i.
Minimum lot area - 370 m2;
ii.
Minimum lot frontage - 3 m;
iii.
Minimum front yard - 7.5 m;
iv.
Minimum rear yard - 7.5 m;
v.
Minimum interior side yard - 1.2 m except where there is a common wall;
there is no setback required;
vi.
Height of main buildings - 3 storeys or 10 m;
vii.
Lot coverage - 45 %;
viii.
Decks and balconies and sunrooms are allowed to encroach into the
required rear yard and shall not be included in lot coverage but must be
kept to a minimum of 1.5 m from all lot lines.
6.3.1.17 'RESIDENTIAL ZONE 3 URBAN 17 (R3.1-17)' (R3-17 K)
a) For lands shown as R3.1-17 on Map 75 Schedule "A" of this By-law.
b) Permitted Uses
Residential Uses
Buildings and structures accessory to the permitted uses
c) Permitted Buildings and Structures
Townhouse dwelling to a maximum of 5units
Townhouse dwelling unit
Semi-detached dwelling
Semi-detached dwelling unit
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-17;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-17):
i.
Minimum lot area - 370 m2;
ii. Minimum lot frontage - 3 m;
iii. Minimum front yard - 7.5 m;
iv. Minimum rear yard - 7.5 m;
v. Minimum interior side yard - 1.2 m except where there is a common wall; there
is no setback required;
vi. Height of main buildings - 3 storeys or 10 m;
vii. Lot coverage - 45 %;
viii. Decks and balconies and sunrooms are allowed to encroach into the
required rear yard and shall not be included in lot coverage but must be kept
to a minimum of 1.5 m from all lot lines.
6.3.1.18 'RESIDENTIAL ZONE 3 URBAN 18 (R3.1-18)' (R3-18 K)
a) For lands shown as R3.1-18 on Map 65 (Prince Albert N) Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.3.1.
c) Permitted Buildings and Structures
A maximum of 3 townhouse dwellings with a maximum of 13 townhouse dwelling units.
-159-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-18;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-8):
i)
Minimum lot area - 0.45 ha;
ii) Minimum lot frontage - 36 m;
iii) Minimum front yard - 15 m;
iv) Minimum rear yard - 7.9 m;
v) Minimum interior side yard - 3 m abutting a green zone and 6 m abutting a
residential zone;
vi) Maximum lot coverage - 35%;
vii) Height of main buildings - 1 storey
viii) Decks and patios will be constructed at grade;
ix) All development will be subject to site plan control.
6.3.1.19 'RESIDENTIAL ZONE 3 URBAN 19 (R3.1-19)' (R3-18 K)
a) For lands shown as R3.1-19 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.3.1
c) Permitted Buildings and Structures
Semi-detached dwelling
Semi-detached dwelling unit
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-19;
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-19):
i)
Minimum lot area - 370 m2;
ii) Minimum lot frontage - 3 m;
iii) Minimum front yard - 7.5 m;
iv) Minimum rear yard - 7.5 m;
v) Minimum interior side yard - 1.2 m and 0 m on common wall side;
vi) Maximum lot coverage - 45%;
vii) Height of main buildings - 10 m;
viii) Decks and balconies and sunrooms are allowed to encroach into the
required rear yard and shall not be included in lot coverage but must be kept
to a minimum of 1.5 m from all lot lines.
6.3.1.20 'RESIDENTIAL ZONE 3 URBAN 20 (R3.1-20)' (R3-19 K)
a) For lands shown as R3.1-19 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.3.1.
c) Permitted Buildings and Structures
A maximum of 3 semi-detached dwellings.
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-20;
-160-
Comprehensive Zoning By-law 1-2014
January 2023
ii) Notwithstanding the zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-20):
i)
Minimum lot area - 2000 m2;
ii) Minimum lot frontage - 60 m;
iii) Minimum front yard - 9 m;
iv) Minimum rear yard - 9 m;
v) Minimum interior side yard - 2.5 m;
vi) Maximum lot coverage - 35%;
vii) Height of main buildings - 10 m;
viii) New development will be subject to site plan control.
6.3.1.21 'RESIDENTIAL ZONE 3 URBAN 21 (R3.1-21)' (R3-20 K)
a) For lands shown as R3.1-21 on Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses as permitted under Section 6.3.1.
c) Permitted Buildings and Structures
Single detached dwelling
Semi-detached dwelling or semi-detached dwelling unit
Townhouse dwelling or townhouse dwelling unit to a maximum of 16 dwelling units
d) Zone Provisions
i)
Provisions of the (R3.1) Section 6.3.1 shall apply the lands zoned R3.1-21;
ii)
Notwithstanding zone provisions of (R3.1), the following regulations shall apply to
lands zoned (R3.1-21):
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Townhouse
dwelling
Lot area (min)
560 m2
500 m2
370 m2
0.9 ha
Lot frontage (min)
15 m
12.5 m
7 m
18 m
Lot coverage (max)
N/A
35 %
35 %
40%
Building height
(maximum)
10 m
10 m
10 m
1 storey
Front yard (min)
4.5 m
4.5 m
4.5 m
4.5 m
Interior Side yard
(minimum)
1.5 m, or where there
is no garage 1.5 m
on one side and 3 m
on the other side and
0 m on the common
wall side
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side and 0 m
on the common wall
side
1.5 m, or where there
is no garage 1.5 m on
one side and 3 m on
the other side and 0 m
on the common wall
side
12 m
Minimum setback
from TOB and ERCA
Greenway
9 m
9 m
9 m
9 m
-161-
Comprehensive Zoning By-law 1-2014
January 2023
6.3.1.22 'RESIDENTIAL ZONE 3 URBAN EXCEPTION 22 (R3.1-22)' (79-2015)
a) For lands shown as R3.1-22 on Map 65 (Prince Albert St. N.) Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.3.1.
c) Permitted Buildings and Structures
i)
An existing single detached dwelling;
ii) A maximum of 3 townhouse dwellings with a maximum of 14 dwelling units
d) Zone Provisions
i)
Minimum lot area - 0.48 ha;
ii) Minimum lot frontage - 36 m;
iii) Minimum front yard - 9 m;
iv) Minimum side yard - 3 m;
v) Minimum rear yard - 7.6 m;
vi) Maximum lot coverage - 40 %.
-162-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.3.2
RESIDENTIAL ZONE 3 RURAL/URBAN (R3.2)
(Medium Density Residential - Ruthven/Cottam)
a) Permitted Uses
i) Main use
Residential;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii) Accessory use
One Bed and breakfast;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i)
Permitted
buildings and
structures
One converted dwelling containing a maximum three residential units;
Townhouse dwelling containing a maximum three townhouse dwelling units;
Triplex dwelling;
Three unit townhouse dwelling;
One townhouse dwelling unit;
Group home;
Nursing or Rest home;
Buildings and structures accessory to the Main use.
c) Regulations
Converted dwelling -
3 units
Triplex or townhouse
dwelling with 3 units
One unit of a
townhouse dwelling
i)
Lot area
(minimum)
1,500 m2 (16,000 ft2) if the
residence is not connected
to all 3 municipal services
1,500 m2 (16,000 ft2) if the
residence is not connected
to all 3 municipal services
495 m2 (5,330 ft2) if the
residence is not connected
to all 3 municipal services
700 m2 (7,535ft2) if the
residence is connected to
all 3 municipal services
600 m2 (6,460 ft2) if the
residence is connected to
all 3 municipal services
200 m2 (2,150 ft2) if the
residence is connected to
all 3 municipal services
ii) Lot frontage
(minimum)
35 m (115 ft)
25 m (80 ft)
if an interior lot;
7.5 m (25 ft) for interior
units
8.5 m (28 ft) for exterior
units (end units)
35 m (115 ft)
if a corner lot
11.5 m (37.5 ft) for exterior
unit (end units) on a corner
lot
iii) Open Space
(minimum)
30 %
iv) Lot coverage
(maximum)
50 %
55 %
-163-
Comprehensive Zoning By-law 1-2014
January 2023
Converted dwelling -
3 units
Triplex or townhouse
dwelling with 3 units
One unit of a
townhouse dwelling
v) Front yard depth
(minimum)
5.5 m (18 ft)
vii) Rear yard depth
(minimum)
7.5 m (25 ft)
7.5 m (25 ft)
7.5 m (25 ft)
viii) Interior Side
yard width
(minimum)
a) 1.5 m (5ft) on both side
yards with an attached
garage or carport; or
b) 1.5 m (5 ft) on one side
of the main building and
3.0 m (10 ft) on the other
side when there is no
attached garage or
carport.
a) 1.5 m (5ft) on both side
yards with an attached
garage or carport for
each dwelling unit; or
b) 1.5 m (5 ft) on one side
of the main building and
4.0 m (13 ft) on the
other side when there is
no attached garage or
carport.
a) 1.5 m (5ft) side yards
with an attached garage
or carport for each
dwelling unit; or
b) 4.0 m (13ft) on one side
of the main building
when there is no
attached garage or
carport;
c) 0 m interior side yard is
required for the common
wall of the triplex or
townhouse dwelling
units.
ix) Exterior side
yard width
(minimum)
4.0 m (13 ft)
x) Main building
height
(maximum)
11 m (36 ft)
d) Supplemental Regulations
i) Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii) The following supplementary regulations shall also apply to lands zoned (R3.2):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-164-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.3.2 e) RESIDENTIAL ZONE 3 RURAL/URBAN (R3.2) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.3.2.1 'RESIDENTIAL ZONE 3 RURAL/URBAN EXCEPTION 1 (R3.2-1)' (R2-6 ) N
a) For lands shown as R3.2-1 on Map 16 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.3.2 Residential Zone 3 Rural/Urban (R3.2) and
serviced with a municipal piped water supply and a municipal sanitary sewage disposal
system;
c) Permitted Buildings and Structures
Those buildings permitted under Section 6.3.2 Residential Zone 3 Rural/Urban (R3.2).
d) Zone Provisions
i)
Provisions of the (R3.2) Section 6.2 shall apply the lands zoned R3.2-1;
ii) Notwithstanding zone provisions of (R3.2), the following regulations shall apply to a
multiple residential building on lands zoned (R3.2-1):
Single detached
dwelling
Townhouse dwelling
Townhouse dwelling unit
Lot area (min)
660 m2
854 m2
223 m2
Lot frontage (min)
18 m
28 m
7 meters-interior units
8.8 meters-exterior units -
11.8 meters for exterior units
on corner lots
Lot coverage (max) 35%
40%
40% for exterior units
50% for interior lots
Landscaped Open
Space (min)
50%
45%
35%
Building height
(maximum)
10.6 m
10.6 m
10.6 m
Front yard (min)
7.6 m
7.6 m
7.6 m
Interior Side yard
(minimum)
1.5 m, or where there is no
garage 1.5 m on one side
and 3 m on the other side
1.5 m, or where there is no
garage 1.5 m on one side
and 3 m on the other side
1.5 m, or where there is no
garage 1.5 m on one side
and 3 m on the other side.
0m on common wall side.
Exterior Side yard
(minimum)
4.5 m
4.5 m
4.5 m
Rear yard (min)
6 m
6 m
6 m
-165-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.4.1
RESIDENTIAL ZONE 4 URBAN (R4.1)
(High Density Residential - Kingsville
Centre)
a) Permitted Uses
i)
Main use
Residential;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii)
Accessory use
One Home occupation;
Accessory uses to the Main
use.
b) Permitted Buildings and Structures
i) Permitted buildings
and structures
One converted dwelling containing a maximum 10 residential units;
Townhouse dwelling containing a maximum 10 dwelling units;
Apartment building;
One Group home;
Nursing or Rest home;
Buildings and structures accessory to the Main use.
c) Regulations
Multiple unit complex
Multiple unit apartment building
i)
Lot area (minimum)
850 m2 (9,150 ft2)
950 m2 (10,225 ft2)
ii) Lot frontage (min)
30 m (100 ft)
25 m (80 ft)
iii) Open Space (min)
30 %
iv) Lot coverage (max)
45 %
v) Front yard depth (min)
8 m (26 ft)
vi) Rear yard depth (min)
The rear yard setback is equal to the height of the building or a minimum of
10 m (33 ft), whichever is greater.
vii) Interior Side yard
width (min)
4.5 m (14.5 ft)
viii) Exterior side yard
width (min)
4.5 m (14.5 ft)
ix) Main building height
(maximum)
11 m (36 ft.)
-166-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplemental Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii) The following supplementary regulations shall also apply to lands zoned (R4.1):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
Subsection 6.4.1 e) RESIDENTIAL ZONE 4 URBAN (R4.1) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.4.1.1 'RESIDENTIAL ZONE 4 URBAN (R4.1-1)' (R4-1) K
a) For lands shown as R4.1-1 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in Section 6.4.1;
ii) A parking lot accessory to a hotel/restaurant.
c) Permitted Buildings and Structures
Those buildings and structures under Section 6.4.
d) Zone Provisions
Those provisions of the (R4.1) Section 6.2 shall apply the lands zoned R4.1-1.
6.4.1.2 'RESIDENTIAL ZONE 4 URBAN EXCEPTION 2 (R4.1-2)' (25-2016) (DUPLICATE)
a) For lands shown as R4.1.2 on Map 69 (Main Street West) Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.4.1, excluding a nursing or rest home
-167-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
An existing single detached dwelling, and
An existing apartment building containing a maximum of 8 units, or
An apartment building containing a maximum of 21 units, and
Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
Minimum lot area - 0.25 ha
ii) Minimum lot frontage - 50 m
iii) Minimum easterly side yard - 1.2 m
iv) Minimum westerly side yard - 7.6 m
v) Minimum rear yard - 18.2 m
vi) Minimum loading space depth - 7.6 m
6.4.1.2 'RESIDENTIAL ZONE 4 URBAN (R4.1-2)' (108-2017) (DUPLICATE)
a) For lands shown as R4.1-2 on Map 67 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Section 6.4.1;
Neighbourhood Commercial Uses
c) Permitted Buildings and Structures
Two Apartment Buildings - (maximum 60 units per building) A Medical Clinic
Office
Personal Service Shop
Accessory Retail or Pharmacy
Buildings and structures accessory to the Main Use
d) Zone Provisions
i)
Provisions of the (R4.1 shall apply
ii) Notwithstanding any provision of By-law 1-2014, as amended, the lands subject to
the (R4.1-2) zone shall be deemed to be a single lot or parcel of land for zoning
purposes.
iii) Notwithstanding the zone provisions of (R4.1) the following regulations shall apply to
lands zoned (R4.1-2)
i) Maximum Permitted Height 22 m
ii) North Lot Line Setback - equal to the height of the building
6.4.1.3 'RESIDENTIAL ZONE 4 URBAN (R4.1-3)' (102-106-2017)
a) For lands shown as R4.1-3 on Maps 65, 68, 71 and 72 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Section 6.4.1;
-168-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Semi-detached dwellings
Semi-detached dwelling units
Townhouse dwelling
Townhouse dwelling units
Apartment Dwelling
One Group Home Nursing or Rest Home
Buildings and structures accessory to the Main Use
d) Zone Provisions
Provisions of the (R4.1) shall apply
6.4.1.5 'RESIDENTIAL ZONE 4 URBAN EXCEPTION 5 (R4.1-5)'
a) For lands shown as R4.1-5 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
An apartment building
c) Permitted Buildings and Structures
i) Apartment building
ii) Buildings and structures accessory to the permitted use.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 6.4.1 c) of this By-law.
Notwithstanding Section 6.4.1 c) of the by-law to the contrary the following shall apply:
i) Easterly side yard setback for a permitted residential building shall be 2.8 m,
minimum;
ii) Maximum number of dwelling units for a permitted apartment building shall be 30;
iii) Maximum height for a permitted residential building shall be 10 m or three storeys
whichever is less.
6.4.1.6 'RESIDENTIAL ZONE 4 URBAN EXCEPTIONS 6 (R4.1-6)'
a) For lands shown as R4.1-6 on Map 72 (183 Main St. E.) Schedule "A" of this By-law.
b) Permitted Uses
Those use permitted under Section 6.4.1 limited to an apartment dwelling
c) Permitted Buildings and Structures
An apartment dwelling - (maximum 22 dwelling units)
Buildings and structures accessory to the main use
d) Zone Provisions
i) Lot Frontage - 12.5 m, minimum
ii) Maximum Permitted Height - 12.2 m
iii) Rear Yard Setback - 7.5 m, minimum
Notwithstanding any other provisions of the by-law to the contrary the following site-
specific provisions shall apply to lands zoned R4.1-6.
-169-
Comprehensive Zoning By-law 1-2014
January 2023
e) Location of Parking Spaces
Notwithstanding any other provisions of the by-law to the contrary, parking for the permitted
uses and structures may also be located in the interior (east) side yard.
6.4.1.7 `RESIDENTIAL ZONE 4 URBAN EXCEPTION 7 (R4. 1- 7)'
a) For lands shown as R4. 1- 7 on Map 69 Schedule " A " of this By- law.
b) Permitted Uses
i)
Those uses permitted under Section 6. 4. 1 Residential Zone 4 Urban (R4. 1),
excluding a nursing or rest home
c) Permitted Buildings and Structures
i)
A maximum of 10 units within 2 residential buildings;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
Provisions of the ( R4. 1) Section 6. 2 shall apply to the lands zoned R4. 1- 7.
ii) Notwithstanding the zone provisions of ( R4. 1) the following regulations shall apply
to lands zoned ( R4. 1- 7);
iii) Minimum westerly side yard -- 3 m
-170-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.4.2
RESIDENTIAL ZONE 4 RURAL/URBAN (R4.2)
(High Density Residential -
Ruthven/Cottam)
a) Permitted Uses
i)
Main use
Residential;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii)
Accessory use
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i)
Permitted buildings
and structures
One converted dwelling containing a maximum 8 dwelling units;
Townhouse dwelling containing a maximum 8 residential units;
Apartment building;
One Group home;
Nursing or Rest home;
Buildings and structures accessory to the Main use.
c) Regulations
Townhouse dwelling
Apartment building
i)
Lot area (minimum)
850 m2 (9,150 ft2)
950 m2 (10,225 ft2)
ii) Lot frontage (min)
45 m (148 ft)
50 m (165 ft)
iii) Open Space (min)
30 %
iv) Lot coverage (max)
45 %
v) Front yard depth (min)
8 m (26 ft) or established setback
vi) Rear yard depth (min)
The rear yard setback is equal to the height of the building or a minimum of 10 m
(33 ft), whichever is greater.
vii) Interior Side yard
width (minimum)
4.5 m (14.5 ft)
viii) Exterior side yard
width (minimum)
4.5 m (14.5 ft)
ix) Main building height
(maximum)
11 m (36 ft)
-171-
Comprehensive Zoning By-law 1-2014
January 2023
d) SUPPLEMENTAL REGULATIONS
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii)
The following supplementary regulations shall also apply to lands zoned (R4.2):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
Subsection 6.4.2 e) RESIDENTIAL ZONE 4 RURAL/URBAN (R4.2) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall
also be permitted, subject to the provisions of the zone category and any other provisions of this by-
law applicable to such accessory use.
6.4.2.1 'RESIDENTIAL ZONE 4 RURAL/URBAN 1 (R4.2-1)' (R3-1) N
a) For lands shown as R4.2.1 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in Section 6.4.2;
ii) One apartment building with a maximum of 40 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures under Section 6.4.2.
d) Zone Provisions
i)
Provisions of the (R4.2) Section 6.4.2 shall apply to lands zoned (R4.2-1);
ii) Notwithstanding zone provisions of (R4.2), the following regulations shall apply to
lands zoned (R4.2-1):
i)
Minimum lot area - 127 m2 per dwelling unit;
ii) Minimum lot frontage - 28 m;
iii) Minimum front yard - 7.5 m;
iv) Minimum rear yard - 13 m;
v) Minimum interior side yard - 5 m;
vi) Maximum height - 11 m;
vii) Parking requirements - 1.5 spaces per dwelling unit.
-172-
Comprehensive Zoning By-law 1-2014
January 2023
6.4.2.2 'RESIDENTIAL ZONE 4 RURAL/URBAN 2 (R4.2-2)' (R3-2) N
a) For lands shown as R4.2.2 on Map 24B Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in Section 6.4.2;
ii) A rest home and nursing home.
c) Permitted Buildings and Structures
Those buildings and structures under Section 4.2.
d) Zone Provisions
Those provisions of the (R4.2) Section 6.2 shall apply the lands zoned R4.2-2.
6.4.2.3 'RESIDENTIAL ZONE 4 RURAL/URBAN 3 (R4.2-3)' (R3-3) N
a) For lands shown as R4.2.3 on Map 24B Schedule "A" of this By-law.
b) Permitted Uses
Those existing uses.
c) Permitted Buildings and Structures
Those existing buildings and structures.
d) Zone Provisions
All lot and building requirements for the existing buildings and structures shall be as
they existed on the date of adoption of this by-law.
6.4.2.4 'RESIDENTIAL ZONE 4 RURAL/URBAN (R4.2-4)' (R2-2) N
a) For lands shown as R4.2.4 on Map 16 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in Section 6.4.2;
ii) One townhouse dwelling with a maximum of 4 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures under Section 6.4.2.4
d) Zone Provisions
Those provisions of the (R4.2) Section 6.4 shall apply the lands zoned R4.2-4.
-173-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.5
ESTABLISHED RESIDENTIAL ZONE (ER)
(historically existing residential neighbourhoods)
a) Permitted Uses
i) Main use
Residential use;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii) Accessory use
One Bed and breakfast;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i) Permitted Buildings
and Structures
Single detached dwelling
One converted dwelling containing a maximum three dwelling units;
Townhouse dwelling containing a maximum three dwelling units;
One duplex dwelling;
Three unit townhouse dwelling;
One unit of a townhouse dwelling;
Group home;
Nursing or Rest home;
Buildings and structures accessory to the Main use.
c) Regulations
i) Lot area (minimum)
As existing at the date of passing of this By-law
ii) Lot frontage (minimum)
As existing at the date of passing of this By-law
iii) Open Space (minimum)
30 %
iv) Lot coverage (maximum)
50 %
v) Front yard depth
(minimum)
Established building line
vi) Rear yard depth
(minimum)
7.5 m
vii) Exterior Side yard
(minimum)
Established building line on both street frontages
-174-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
Additions to the front of the main building: any addition in the front yard must stay within the
established building line of the two adjacent buildings;
ii)
Additions to the exterior side yard side of the main building: any addition in the exterior side
yard must stay within the established building line;
iii) Replacement of a demolished, removed or destroyed main structure: If a property that is
zoned '(ER)' has a main building or structure demolished, removed, or destroyed, the new structure
or replacement building may be replaced at the setbacks of the original building or structure;
iv) Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
v)
The following supplementary regulations shall also apply to lands zoned (ER):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-175-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.6
RURAL RESIDENTIAL (RR)
a) Permitted Uses
i)
Main use
Residential;
Boarding, lodging, and rooming - house Residential;
Boarding, lodging, and rooming - house Agricultural;
One Home occupation
One Bed and breakfast
ii) Accessory use
One greenhouse subject to subsection 4.2
One road side stand
Accessory uses
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
One single detached dwelling
Accessory structures
c) Regulations
i)
Lot area (minimum)
a) 2,000 m2 (21,500 ft2) if residence is not connected to all
3 municipal services (water/sewer/storm);
b) 1,400 m2 (15,070 ft2) for a single detached residence
on full municipal services.
ii)
Lot frontage (minimum)
30 m (100 ft)
iii) Interior Side yard (minimum)
1.5 m
iv) Front yard Setback (minimum)
15 m
v)
Exterior Side yard (minimum)
4.5 m
vi) Rear yard (minimum)
15 m
vii) Lot coverage
(maximum)
40 % maximum including accessory buildings/structures
viii) Main building height (maximum)
11 m (36 ft)
-176-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, sanitary services) and electrical services as approved by The Corporation or any other
authority having jurisdiction.
ii)
The following supplementary regulations shall also apply to lands zoned (RR):
Subsection 3: Definitions
Subsection 4:
General Land Uses (ie: Home occupations)
Subsection 5:
General Property Regulations
(ie: municipal drain setbacks)
Subsection 6/7: Parking Regulations
iii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-177-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 6.6 e) RURAL RESIDENTIAL (RR) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.6.1 'RURAL RESIDENTIAL (RR-1)' (R1-1) N
a) For lands shown as RR-1 on Map 3 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) A townhouse dwelling with a maximum of 4 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-1) and in accordance with regulations under Subsection 6.6.
6.6.2 'RURAL RESIDENTIAL (RR-2)' (R1-2) N
a) For lands shown as RR-2 on Map 12 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) A townhouse dwelling with a maximum of 7 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-2) and in accordance with regulations under Subsection 6.6.
6.6.3 'RURAL RESIDENTIAL (RR-3)' (R1-3) N
a) For lands shown as RR-3 on Map 12 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) A personal service shop;
iii) An automobile gas station;
iv) A restaurant;
v) Two dwelling units.
-178-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-3) and in accordance with regulations under Subsection 6.6.
6.6.4 'RURAL RESIDENTIAL (RR-4)' (R1-4) N
a) For lands shown as RR-4 on Map 13 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) A duplex dwelling or semi-detached dwelling with a maximum of 2 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-4) and in accordance with regulations under Subsection 6.6.
6.6.5 'RURAL RESIDENTIAL (RR-5)' (R1-5) N
a) For lands shown as RR-5 on Map13 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) A townhouse dwelling with a maximum of 3 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-5) and in accordance with regulations under Subsection 6.6.
6.6.6 'RURAL RESIDENTIAL (RR-6)' (R1-6) N
a) For lands shown as RR-6 on Map 17 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) An automobile repair shop.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
-179-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-6) and in accordance with regulations under Subsection 6.6.
6.6.7 'RURAL RESIDENTIAL (RR-7)' (R1-7) N
a) For lands shown as RR-7 on Map 4 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) The parking and storage of one licensed tractor trailer truck and trailers.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, the following provisions shall apply to lands
zoned (RR-7)
i)
New accessory buildings are permitted on lands zoned (RR-7) and in accordance
with regulations under Subsection 6.6;
ii) Parking and indoor storage of one licensed tractor trailer truck is permitted on
lands zoned (RR-7);
iii) Parking and indoor storage of two tractor trailers is permitted on lands zoned
(RR-7);
iv) No outside storage is permitted;
v) No expansion of the existing truck storage building is permitted.
6.6.8 'RURAL RESIDENTIAL (RR-8)' (R1-1) S
a) For lands shown as RR-8 on Map 51 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR);
ii) Two multiple dwellings, each containing a maximum of 4 dwelling units.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
they existed on the date and passing of this By-law;
ii) Notwithstanding Subsection 6.6.1 above, new accessory buildings are permitted on
lands zoned (RR-8) and in accordance with regulations under Subsection 6.6.
6.6.9 'RURAL RESIDENTIAL (RR-9)' (R1-2) S
a) For lands shown as RR-9 on Map 54 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.6 Rural residential Zone Urban (RR).
-180-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.6 (RR) zone.
d) Zone Provisions
i)
Notwithstanding Subsection 6.6.1 above, the following provisions shall apply to lands
zoned (RR-9)
i)
Minimum Lot area - 6,856 m2;
ii) Minimum Lot frontage - 30 m;
iii) Maximum Lot coverage - 40%;
iv) Maximum Building height - 10.5 m;
v) Minimum Front yard - 15 m;
vi) Minimum Interior Side yard - 3 m;
vii) Minimum Exterior Side yard - 6 m;
viii) Minimum Rear yard - 50 m.
6.6.10 - deleted by 17-2016
6.6.11 'RURAL RESIDENTIAL (RR-11)' (R1-4) S
a) For lands shown as RR-11 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
i)
One single detached dwelling unit per lot serviced by a municipal water supply or
private water supply and private sanitary sewage disposal system.
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
Notwithstanding Subsection 6.6.1 above, the following special provision shall apply to
lands zoned (RR-11):
i)
Minimum lot frontage - 21 m.
6.6.12 'RURAL RESIDENTIAL (RR-12)' (25-2017)
a) For lands shown as RR-12 on Map 7 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.6.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.6.
d) Zone Provisions
i)
Notwithstanding any other provisions of this by-law to the contrary, the following
provisions shall apply to lands zoned (RR-12):
i.
150 m minimum rear yard setback for all buildings and structures
-181-
Comprehensive Zoning By-law 1-2014
January 2023
6.6.13 'RURAL RESIDENTIAL EXCEPTION 13 (RR-13)' (29-2020)
a) For lands shown as RR-13 on Map 58 Schedule "A" of this By-law.
b) Permitted Uses
i)
Residential
c) Permitted Buildings and Structures
i)
A single detached dwelling;
ii) One secondary dwelling unit;
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding Subsection 6.6, the following special provisions shall apply to lands
zoned (RR-13):
i)
Minimum lot frontage - 21 m.
ii) Maximum accessory structure height - 6.7 m.
6.6.14 'RURAL RESIDENTIAL EXCEPTION 14 (RR-14)'
a) For lands shown as RR-14 on Map 13 on Schedule "A" of this By-law. (59-2021)
b) Permitted Uses
i)
Those uses permitted under Section 6.6 (a)
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 6.6 (b)
ii) One Secondary Dwelling Unit.
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 6.6 of this By-law.
6.6.15 'RURAL RESIDENTIAL EXCEPTION 15 (RR-15)' (By-law 74-2021)
a) For lands shown as RR-14 on Map 58 on Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.6 (a)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.6 (b)
ii) One Secondary Dwelling Unit.
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding Subsection 6.6, the following special provisions shall apply to lands
zoned RR-15:
Maximum accessory structure height - 6.58 m
-182-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 6.7
LAKESHORE RESIDENTIAL (LR)
a) Permitted Uses
i) Main use
Residential use;
Boarding, lodging, and rooming - house Residential;
Group home; or
Nursing or Rest home.
ii) Accessory use
One accessory boat dock;
One Home occupation;
Accessory uses to the Main use.
b) Permitted Buildings and Structures
i)
Permitted buildings and
structures
One, single detached dwelling;
Buildings and structures accessory to the Main use.
c) Regulations
i)
Lot area (minimum)
557 m2 (5,995 ft2) if the residence is connected to all
three municipal water, sewer, and storm water services;
1,400 m2 (15,070 ft2) if the residence is not connected
to any one of three municipal water, sewer, and storm
water services.
ii)
Lot frontage (minimum)
18 m (59 ft) if serviced by a municipal storm sewer
24 m (78.5 ft) if not serviced by a municipal storm sewer
iii)
Open Space (minimum)
30 %
iv) Lot coverage (maximum)
40 %
v)
Front yard depth (minimum)
6 m (20 ft)
vi) Rear yard depth (minimum)
7.5 m (25 ft)
vii) Interior Side yard depth
(minimum)
1.5 m (5ft) with an attached garage or carport; or
1.5 m (5 ft) on one side of the main building and 3.0 m
(10 ft) on the other side when there is no attached
garage or carport.
viii) Exterior Side yard depth
(minimum)
4.5 m (15 ft)
ix) Main building height (maximum)
11 m (36 ft)
-183-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
Each dwelling shall be connected to full municipal services (storm water services, potable water
services, and sanitary services) and electrical services as approved by The Corporation or any
other authority having jurisdiction.
ii) The following supplementary regulations shall also apply to lands zoned (LR):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
Subsection 6.7 e) LAKESHORE RESIDENTIAL (LR) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
6.7.2 'LAKESHORE RESIDENTIAL (LR-2)' (R3-2) S
a) For lands shown as LR-2 on Map 59 Schedule "A" of this By-law.
b) Permitted Uses
i)
Farm produce outlet;
ii) Lawn and garden and equipment sales and services;
iii) Lumber sales and building supply outlet;
iv) Restoration and sale of antiques;
v) Offices;
vi) Retail store accessory to the above uses;
vii) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted for uses under Section 6.7.
d) Zone Provisions
Those provisions as they exist at the date of passing of this by-law.
-184-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.3 'LAKESHORE RESIDENTIAL EXCEPTION 3 (LR-3)' (R3-3) S
a) For lands shown as LR-3 on Map 59 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.7 Lakeshore Residential (LR).
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-3);
ii) Notwithstanding zone provisions of (LR), the following regulations shall apply to
lands zoned (LR-3):
i)
Minimum lot area - 1858 m2;
ii) Minimum lot frontage - 25 m;
iii) Maximum lot coverage - 35%;
iv) Minimum front yard - 6 m;
v) Minimum rear yard - 7.5 m;
vi) Minimum interior side yard - 1.5 m;
vii) Minimum exterior side yard - 3 m;
viii) Building height - 10.5 m.
6.7.4 'LAKESHORE RESIDENTIAL EXCEPTION 4 (LR-4)' (R3-4) S
a) For lands shown as LR-4 on Map 59 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A multi-unit dwelling containing a maximum of 5 dwelling units.
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-4).
6.7.5 'LAKESHORE RESIDENTIAL EXCEPTION 5 (LR-5)' (R3-5 S)
a) For lands shown as LR-5 on Map 60 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) An art gallery.
c) Permitted Buildings and Structures
i)
Those residential uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Existing buildings and structures for the art gallery.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-5);
ii) Notwithstanding the provisions of the (LR) zone, building and lot provisions for the art
gallery are as they existed prior to the passing of the by-law.
-185-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.6 'LAKESHORE RESIDENTIAL EXCEPTION 6 (LR-6)' (R3-6) S
a) For lands shown as LR-6 on Map 60 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A refinishing, display and sale of furniture and antique items.
c) Permitted Buildings and Structures
i)
Those residential uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Existing buildings and structures for the refinishing, display and sale of furniture and
antique items.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-6);
ii) Notwithstanding the provisions of the (LR) zone, building and lot provisions for the
refinishing, display and sale of furniture and antique items are as they existed prior to
the passing of the by-law and in addition, the following provisions:
i)
The refinishing, display and sale of furniture and antique items shall be restricted
to 58 m2 of floor area in the existing residence and is restricted to the existing
garage;
ii) A minimum of 5 parking spaces is required for the refinishing, display and sale of
furniture and antique items in addition to the 1 parking space required for the
existing residence.
6.7.7 'LAKESHORE RESIDENTIAL EXCEPTION 7 (LR-7)' (R3-7) S
a) For lands shown as LR-7 on Map 60 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.7 Lakeshore Residential (LR).
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-7);
ii) Notwithstanding zone provisions of (LR), the following regulations shall apply to
lands zoned (LR-7):
i)
Minimum lot area - 1858 m2;
ii) Minimum lot frontage - 25 m;
iii) Maximum lot coverage - 35%;
iv) Minimum front yard - 6 m;
v) Minimum rear yard - 7.5 m;
vi) Minimum interior side yard - 1.5 m;
vii) Minimum exterior side yard - 3 m;
viii) Building height - 10.5 m.
-186-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.8 'LAKESHORE RESIDENTIAL EXCEPTION 8 (LR-8)' (R3-8) S
a) For lands shown as LR-8 on Map 59 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A flower and plant growing operation;
iii) A retail establishment as a secondary use to the growing operation.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.7 Lakeshore Residential (LR);
ii) Buildings and structures for the permitted flower and plant growing operation.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-8);
ii) Notwithstanding zone provisions of (LR), the following regulations shall apply to
lands zoned (LR-8):
i)
The minimum building setback for any building used in relation to the flower and
plant growing operation shall be a minimum of 90 m from the south lot line;
ii) All development will be subject to site plan control.
6.7.9 'LAKESHORE RESIDENTIAL EXCEPTION 9 (LR-9)' (R3-9) S
a) For lands shown as LR-9 on Map 59 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A maximum of four single unit dwellings on separate lots on a private access.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-9);
ii) The private access shall be considered as a street when applying frontage and yard
provisions to lands zoned (LR-9).
6.7.10 - deleted by 17-2016
6.7.11 'LAKESHORE RESIDENTIAL EXCEPTION 11 (LR-11)' (R4-1) S
a) For lands shown as LR-11 on Map 62 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 6.7 Lakeshore Residential (LR).
-187-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-11);
ii) Notwithstanding zone provisions of (LR), the following regulations shall apply to lands
zoned (LR-11):
i)
Minimum lot frontage - 24 m;
ii) The following regulations shall apply to lawful fences and hedges located on
lands zone LR-11:
a) Maximum height - 1.5 m in the front yard;
- 1.2 m in the side and rear yard;
b) Minimum height - 0.9 m in the front, side and rear yard;
c) A lawful fence or hedge shall not extend more than half the distance from
the rear of the house to the point where the soil and sand meet to form the
shoreline;
d) A lawful fence shall be constructed so as to allow sufficient light and air flow
between properties.
6.7.12 'LAKESHORE RESIDENTIAL EXCEPTION 12 (LR-12)' (R4-2) S
a) For lands shown as LR-12 on Map 63 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A contractors yard;
iii) A trucking operation associated with garbage collection;
iv) A cable television signal-receiving site.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7 and Section 6.7.12 a).
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-12).
6.7.13
'LAKESHORE RESIDENTIAL EXCEPTION 13 (LR-13)' (R4-3) S
a) For lands shown as LR-13 on Map 63 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) An automobile salvage operation;
iii) A contractor's yard.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7.
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-13).
6.7.14 'LAKESHORE RESIDENTIAL EXCEPTION 14 (LR-14)' (R4-4) S
a) For lands shown as LR-14 on Map 63 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Multi-unit dwelling containing not more than 4 dwelling units.
-188-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7.
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-14).
6.7.15
'LAKESHORE RESIDENTIAL EXCEPTION 15 (LR-15)' (R4-5) S
a) For lands shown as LR-15 on Map 64-1 Schedule "A" of this By-law.
b) Permitted Uses
The permitted uses for lands zoned (LR-15) are limited to the following:
i)
Residential uses serviced with a municipal piped water supply and a municipal
sanitary sewage disposal system;
ii) One home occupation per dwelling unit;
iii) Accessory boat docks for the exclusive, non-commercial use of residents in the
LR-15 zone;
iv) Accessory use.
c) Permitted Buildings and Structures
The permitted buildings and structures for lands zoned (LR-15) are limited to the
following:
i)
Townhouse dwelling with a maximum of five dwelling units
ii) One townhouse dwelling unit
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding provisions of Section 6.7.1, the following provisions for lands zoned
(LR-15) shall apply:
Townhouse dwelling unit
Townhouse dwelling
Lot area (minimum)
330 m2
1500 m2
Lot frontage (minimum)
9 m
40 m
Landscaped open space
(minimum)
30%
30%
Lot coverage (maximum)
55%
45%
Building height (maximum)
10 m
10 m
Front yard (minimum)
6 m
6 m
-189-
Comprehensive Zoning By-law 1-2014
January 2023
Interior Side yard
(minimum)
2.5 m, or where there is no
garage 1.5 m on one side
and 3 m on the other side
and 0m on the common wall
side
2.5 m
Exterior Side yard (min)
6 m
6 m
Rear yard (minimum)
7.6 m
7.6 m
Total units
34 dwelling units
6.7.18 'LAKESHORE RESIDENTIAL EXCEPTION 18 (LR-18)' (R4-9) S
a) For lands shown as LR-18 on Map 64-1 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A light manufacturing use;
iii) A welding establishment;
iv) A boat storage;
v) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted in Section 6.7 and Section 6.7.18.
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-18).
6.7.19 'LAKESHORE RESIDENTIAL EXCEPTION 19 (LR-19)' (R4-10) S
a) For lands shown as LR-19 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) A mobile home park;
iii) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted in Section 6.7 and Section 6.7.19.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned LR-19;
ii) Notwithstanding zone provisions of (LR), the following regulations shall apply to lands
zoned (LR-19):
i)
Lot and building regulations for the mobile home park shall be as they existed at
the date of adoption of this by-law;
ii) Lot and building regulations for the uses permitted in section 6.7.19 shall be in
accordance with the regulations of Section 6.7.
-190-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.20 'LAKESHORE RESIDENTIAL EXCEPTION 20 (LR-20)' (R4-11) S
a) For lands shown as LR-20 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Existing uses on lands zoned (LR-20).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.7;
ii) Existing buildings and structures on lands zoned (LR-20).
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-20);
ii) Notwithstanding provisions of Section 6.7, the minimum lot area shall be 600m2
and a minimum lot frontage of 17.9m.
6.7.21 'LAKESHORE RESIDENTIAL EXCEPTION 21 (LR-21)' (R4-12) S
a) For lands shown as LR-21 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Existing uses on lands zoned (LR-21).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.7;
ii) Existing buildings and structures on lands zoned (LR-21).
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-21);
ii) Notwithstanding provisions of Section 6.7, the minimum lot area shall be 510m2
and a minimum lot frontage of 15.24 m.
6.7.22
'LAKESHORE RESIDENTIAL EXCEPTION 22 (LR-22)' (R4-13) Golfview S
a) For lands shown as LR-22 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
c) Permitted Buildings and Structures
The permitted buildings and structures for lands zoned (LR-22) are limited to the
following:
i)
One single detached dwelling per lot serviced by a municipal water supply and a
municipal sanitary sewage disposal system; or
ii) One semi-detached dwelling per lot serviced by a municipal water supply and a
municipal sanitary sewage disposal system; or
iii) One semi-detached dwelling unit per lot serviced by a municipal water supply and a
municipal sanitary sewage disposal system; and
iv) Buildings and structures accessory to the permitted uses in accordance with
subsection 6.7 of this By-law.
-191-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
Notwithstanding provisions of Section 6.7.1, the following provisions for lands zoned
(LR-22) shall apply:
Single detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area (minimum)
495 m2 (5,328 ft2) 720 m2
357 m2
Lot frontage (minimum)
15 m (49 ft)
20 m for an interior
lot and 21.5 m for a
lot with an exterior
side yard
10 m for an interior
lot with 11.5 m for
lots with an exterior
side yard
Lot coverage (maximum) 50%
50%
50%
Building height
(maximum)
10.6 m
10.6 m
10.6 m
Front yard (minimum)
5.5 m
5.5 m
5.5 m
Interior Side yard
(minimum)
1.5 m
1.5 m
1.5 m and 0m on
the common wall
side
Exterior Side yard (min)
4.0 m
4.0 m
4.0 m
Rear yard (minimum)
6.5 m
6.5 m
6.5 m
6.7.23 'LAKESHORE RESIDENTIAL EXCEPTION 23 (LR-23)' (R4-14) S
a) For lands shown as LR-23 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7 Lakeshore Residential (LR);
ii) Three multiple unit dwellings containing a combined total of a maximum of 7 units on
lands zoned (LR-23).
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7;
d) Zone Provisions
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-23).
-192-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.24 'LAKESHORE RESIDENTIAL EXCEPTION 24 (LR-24)' (R4-15) S
a) For lands shown as LR-24 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7;
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-24);
ii) Notwithstanding provisions of Section 6.7, the minimum lot area shall be 900m2
and a minimum lot frontage of 15 m.
6.7.25 'LAKESHORE RESIDENTIAL EXCEPTION 25 (LR-25)' (Golfside)
a) For lands shown as LR-25 on Map 64 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.7;
ii) Townhouse dwelling with a maximum of four units
iii) Townhouse dwelling unit.
iv) Buildings and structures accessory to the permitted uses in accordance with
subsection 6.7 of this By-law.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-25);
ii) Notwithstanding provisions of Section 6.7, the following provisions shall apply to
lands zoned (LR-25)
-193-
Comprehensive Zoning By-law 1-2014
January 2023
Townhouse dwelling
Townhouse dwelling unit
Lot area (minimum)
600 m2
220 m2
Lot frontage (minimum) 17.9 m
7 m for an interior unit with 8.8
m for an exterior unit and 12 m
for an exterior unit on a corner
lot
Lot coverage
(maximum)
35%
40% for exterior units and
50% for interior units
Building height
(maximum)
10.6 m
10.6 m
Front yard (minimum)
6 m
6 m
Interior Side yard
(minimum)
1.5 m; where there is no
garage, the interior yard will
be 1.5m on one side and 3.0
m on the other side.
1.5 m and 0 m on the common
wall side.
Exterior Side yard
(minimum)
4.5 m
4.5 m
Rear yard (minimum)
7.6 m
7.6 m
6.7.26 'LAKESHORE RESIDENTIAL EXCEPTION 26 (LR-26)' (R4-16) S
a) For lands shown as LR-26 (Montego Bay) on Map 64-1 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.7;
ii) Single detached dwelling.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-26);
ii) Notwithstanding provisions of Section 6.7 the minimum lot frontage shall be 15 m.
-194-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.27
'LAKESHORE RESIDENTIAL EXCEPTION 27 (LR-27)' (R4-17) S
a) For lands shown as LR-27 on Map 64-1 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7.
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-27);
ii) Notwithstanding provisions of Section 6.7, the minimum lot frontage for a single
detached dwelling unit not serviced by a municipal storm sewer shall be 18 m.
6.7.28
'LAKESHORE RESIDENTIAL EXCEPTION 28 (LR-28)' (R1-3) S
a) For lands shown as LR-28 on Map 57 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
Semi-detached dwelling
Semi-detached dwelling unit
Townhouse Dwelling
Townhouse Dwelling unit
Notwithstanding item b) no buildings or structures are permitted with the 6 m required
Rear Yard setback
d) Zone Provisions
i)
Provisions of the (LR) Section 6.7 shall apply the lands zoned (LR-28);
ii) Notwithstanding provisions of Section 6.7, the following provisions shall apply to
lands Zoned LR-28.
-195-
Comprehensive Zoning By-law 1-2014
January 2023
Semi-detached
dwelling
Semi-detached
dwelling unit
Townhouse
dwelling
Townhouse
dwelling unit
Lot area (min)
900 m2
435 m2
900 m2
285 m²
Lot frontage (min)
21 m
10.5 m
30 m
9 m
Lot coverage (max)
40%
45%
50 %
60%
Building height
(maximum)
10.5 m
Front yard (min)
5 m
4.5 m
4.5 m
4.5 m
Interior Side yard
(minimum)
1.5 m with an attached
garage or carport
1.5 m on one side and
3 m on the other side
with no attached
garage carport
1.5 m with an
attached garage or
carport
1.5 m on one side
and 3 m on the other
side with no attached
garage carport
0 m on along a
common wall
2.0 m
2.0 m on the
end units
0 m along a
common wall
Exterior Side yard
(minimum)
3.0 m
3.0 m
3.0 m
3.0 m
Rear yard (minimum)
6 m
Open Space
(minimum)
30%
Setback between
semi-detached or
townhouse dwelling
6 m (minimum)
6.7.29
'LAKESHORE RESIDENTIAL EXCEPTION 29 (LR-29)'
a) For lands shown as LR-29 on Map 57 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 6.7;
ii) Semi-detached dwellings
iii) Semi-detached dwelling units
iv) Apartment buildings
v) Hotel/Motel (Stay-and-Play)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 6.7;
ii) Semi-detached dwellings
iii) Semi-detached dwelling units
iv) Apartment Buildings
v) Hotel/Motel
vi) Buildings and structures accessory to the permitted uses.
-196-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
Notwithstanding provisions of Section 6.7, the following provisions shall apply to lands
zoned LR-29:
Single
detached
dwelling
Semi- detached
dwelling
Semi- detached
dwelling unit
Hotel/Motel
Apartment
building
Lot area
(minimum)
464 m2
557 m2
250 m2
1.8 ha
0.9
ha/building
Lot frontage
(minimum)
15 m
18 m
7 m for interior
units,
8.8 m for
exterior units,
11.8 m for
exterior units
on corner lots
150 m
75 m per
building
Landscaped
open space
(minimum)
30%
30%
30%
30%
30%
Lot coverage
(maximum)
50%
50%
50%
20%
40%
Building height
(maximum)
10.6 m
10.6 m
10.6 m
8 m
20 m
Maximum
number of units
n/a
20
40
20
96
Front yard
(minimum)
6 m
6 m
6 m
20 m
9 m
Interior Side
yard
(minimum)
1.5 m, or
where there
is no garage
1.5 m on one
side and 3 m
on the other
side
1.5 m, or
where there
is no garage
1.5 m on one
side and 3 m
on the other
side
1.5 m, or
where there
is no garage
1.5 m on one
side and 3 m
on the other
side
15 m
30 m
Exterior Side
yard (min)
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
Rear yard
(minimum)
6 m
6 m
6 m
7.5 m
7.5 m
-197-
Comprehensive Zoning By-law 1-2014
January 2023
e) Other Requirements
a) Permitted Uses, Buildings and Structures for lands zoned 'Lakeshore
Residential Exception 29, holding, (LR-29(h)' shall be limited to those uses
existing on the date of passing of this by-law.
b) For lands zoned 'Lakeshore Residential Exception 29, holding, (LR-29(h)' the
zoning may be amended under Section 36 of the Planning Act to '(LR-29)' once:
i)
A site plan and associated site plan agreement are prepared to the
satisfaction of the Town, and
ii) The upgrading of the municipal water supply to the Lakeshore West area has
been approved for construction by Council.
6.7.30 'LAKESHORE RESIDENTIAL EXCEPTION 30 (LR-30(h)' (16-2015 - DEFERRED)
6.7.31 'LAKESHORE RESIDENTIAL EXCEPTION 31 (LR-31(h))' (as per OMB Order PL140547)
No person shall, within the (LR-31(h)) zone, use any lot or erect, alter or use any buildings or
structure except in accordance with the following regulations:
a) Permitted Uses
Those uses permitted under Section 6.7 (a)
b) Permitted Buildings and Structures
Those buildings and structures permitted in Section 6.7(b)
c) Zone Provisions
Notwithstanding provisions under Section 6.7 c) the following provisions shall apply to
lands zoned (LR-31):
i)
Lot area (minimum) - 464 m²
ii) Lot Frontage (minimum) - 15 m
iii) Lot Coverage (maximum) - 50%
iv) Building Height (maximum) - 10.6 m
v) Front Yard (minimum) - 6 m
vi) Interior Side Yard (minimum) - 1.5 m on both sides for a dwelling with an attached
garage, 1.5 m and 3.0 m for a dwelling with no attached garage
vii) Exterior Side Yard (minimum) - 3 m
viii) Combined total lots zoned (LR-31) and (LR-32) shall not exceed 750 lots.
ix) The Holding (h) provision will be removed by by-law on a phased basis after
authorization of a development agreement by Council.
-198-
Comprehensive Zoning By-law 1-2014
January 2023
6.7.32 'LAKESHORE RESIDENTIAL EXCEPTION 32 (LR-32(h))' (as per OMB Order PL140547):
No person shall, within the (LR-32(h)) zone, use any lot or erect, alter or use any buildings or
structure except in accordance with the following regulations:
a) Permitted Uses
The uses permitted under Section 6.7 (a) including the following:
i)
Residential Uses
ii) Home occupation
iii) Accessory Uses
b) Permitted Buildings and Structures
The buildings and structures permitted in Section 6.7(b) including the following:
i)
Single detached dwelling
ii) Semi-detached dwelling
iii) Semi-detached dwelling unit
iv) Townhouse dwelling
v) Townhouse dwelling unit
vi) Accessory buildings
c) Zone Provisions
Notwithstanding provisions under Section 6.7 c) the following provisions shall apply to
lands zoned (LR-32):
i)
Lot area (minimums)
Single detached dwelling - 464 m²
Semi-detached dwelling - 557 m²
Semi-detached dwelling unit - 269 m²
Townhouse dwelling per unit - 223 m²
ii) Lot Frontage (minimums)
Single detached dwelling - 15 m
Semi-detached dwelling - 18 m
Semi-detached dwelling unit - (interior lot) - 8.5 m
- (corner lot) - 10.3 m
Townhouse dwelling unit - (interior lots) - 7 m
- (end units) - 8.5 m
- (corner lot units) - 10.3 m
iii) Lot Coverage (maximums)
Single detached dwelling - 50%
Semi-detached and Townhouse dwellings - 52%
iv) Front Yard (minimums)
Single detached dwelling - 6 m
Semi-detached dwelling or dwelling unit:
Unit 1 - 6 m,
Unit 2 - 5.4 m
Townhouse dwelling unit:
Unit 1 - 6 m
Unit 2 - 5.4 m
Unit 3 - 5 m
Unit 4 - 5.4 m
Unit 5 - 6 m
-199-
Comprehensive Zoning By-law 1-2014
January 2023
v) Building Height (maximum) - 10.6 m
vi) Interior Side Yard (minimum) - 1.5 m on both sides for a single detached dwelling,
semi-detached dwelling or townhouse dwelling with an attached garage or 1.5 m on
one side of the main building and 4.5 m on the other side with no attached garage.
No side yard setback for the common wall side of a semi-detached or townhouse
dwelling unit.
vii)
Exterior Side Yard (minimum) - 3 m
viii)
Rear yard (minimum) - 6 m
ix)
Combined total lots zoned (LR-31) and (LR-32) shall not exceed 750 lots.
x)
The Holding (h) provision will be removed by by-law on a phased basis after
authorization of a development agreement by Council."
6.7.33
'LAKESHORE RESIDENTIAL EXCEPTION 33 (LR-33)' (62-2019)
a) For lands shown as LR-33 on Map 63 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 6.7 Lakeshore Residential (LR).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 6.7 ii)Semi-detached dwelling
ii) Semi-detached dwelling unit
-200-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements shall be in accordance with the following:
i.
Provisions of the (LR) Section 6.7 shall apply to the lands Zoned (LR-33);
ii. Notwithstanding the Zone provisions of Section 6.7, the following additional
provisions shall apply to lands Zoned (LR-33):
Single Detached
dwelling
Semi-detached
dwelling
Semi-detached
dwelling unit
Lot area (min)
850 sq. m
850 sq. m
365 sq. m
Lot frontage (min)
24 m
24 m
19 m for an
interior lot, and 15
m for a lot with an
exterior side yard
Lot coverage
(max)
50%
50%
50%
Building height
(max)
11 m
11 m
11 m
Front yard (min)
6 m
4.5 m
5.48 m
Interior Side yard
(minimum)
1.5 m
3.66 m
3.66 m
Exterior Side yard
(min)
4.5 m
5.48 m
5.48 m
Rear yard (min)
7.5 m
7.5 m
3.66 m
-201-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 7
Agriculture Zone Provisions
SUBSECTION 7.1
AGRICULTURE (A1)
(general agricultural zone)
a) Permitted Uses
Agricultural Uses
Rural Residential
Specialty Crops/All other
Uses
i) Main use
Agriculture
Agricultural related service
Agriculture research stations
Agriculture co-op
Agricultural operations
Agricultural operations, intensive
Agriculture produce storage,
packaging, processing facility
and/or shipping
Aquaculture
Dog kennel
Farm produce outlet
Farm machinery/equipment sales,
rental, storage facility, parts and
servicing facility
Fish farm
Forestry Use
Fruit/vegetable processing facility
Garden centres
Greenhouses in compliance with
Section 7.1 d)
Hunting/gaming/wildlife preserve
Landing strip and flying clubs
Mushroom farm in compliance
with subsection 7.1 d)
Nursery or landscaping facility
Orchards
Riding stables
Specialty crop
Telecommunication tower
Tree farms
Wayside pits and quarries
Winery
Rural Residence
Aquaculture
Farm produce outlet
Fish farm
Forestry use
Greenhouses in compliance with
7.1 d)
Hunting/gaming/wildlife preserve
Orchards
Specialty crop as defined by
Provincial Evaluation procedures
Telecommunication tower
Tree farms
Wayside pits and quarries
Winery
ii) Accessory
use
Accessory uses
Aviary or establishment for the
raising/breeding of fish, poultry or
fur bearing animals
Boarding, lodging, and rooming -
house Agricultural;
Contractor's yard, office and shop
Farm produce outlet
One Bed and breakfast
One Home industry
One Home occupation
Residential use
Retail component
Roadside stand
Tradesman's yard and shop
Accessory uses
Boarding, lodging,
and rooming - house
Agricultural;
Contractor's office/shop
Horse farm
One greenhouse in
compliance with 7.1 d) i)
Agricultural operation
exclusive of a Livestock
Intensive Agricultural Use
One roadside stand
One Bed and breakfast
One Home occupation
Tradesman's yard and
shop
Accessory uses
Aviary or establishment for the
raising/breeding of fish,
poultry or fur bearing animals
Boarding, lodging, and
rooming - house Agricultural;
Roadside stand
One Bed and breakfast
One Home industry
One Home occupation
Residential use
-202-
Comprehensive Zoning By-law 1-2014
January 2023
b) Permitted Buildings and Structures
i) Permitted
Buildings
and
Structures
Agricultural Regulations
Rural residential
Specialty Crops/All Other Uses
Accessory structures
Agricultural buildings
Dog kennels
Enclosed storage
Farm produce outlet
Fruit/vegetable processing
facility
Greenhouses
Oil doreys
Roadside stand
A single detached dwelling
Outdoor storage
Accessory structures
greenhouse
One single detached
dwelling
Accessory structures
Agricultural buildings
Enclosed storage
Farm produce outlet
Road side stand
Greenhouses
Oil doreys
A single detached dwelling
Outdoor storage
Roadside stand
c) Regulations
Agricultural Regulations
Rural residential
Specialty Crops/All Other Uses
i) Lot area
(minimum)
40 ha (100 ac)
c) 2,000 m2 (21,500
ft.2) if residence is
not connected to all 3
municipal services
(water/sewer/storm);
d) 1,400 m2 (15,070 ft.2)
for a residence on full
municipal services.
16 ha (39.5 ac.) or 2 ha (5 ac.)
for an existing greenhouse
operation where a minimum of
0.4 ha of greenhouse exists
ii) Lot frontage
(minimum)
30 m (100 ft.)
25 m (82 ft.)
25 m (82 ft.)
iii) Interior Side
Yard (min.)
3 m (10 ft.)
iv) Front Yard
Setback (min.)
15 m (49 ft.)
v) Exterior Side
Yard
(minimum)
4.5 m (15 ft.)
vi) Rear Yard
(minimum)
15 m
vii) Lot coverage
(maximum)
10% including all accessory
buildings and structures
30% including all
accessory buildings and
structures
80% including all accessory
buildings and structures
viii) Main building
height (max)
15 m
10.5 m
15 m
ix) Accessory
structure
height (max)
14.5 m
See Section 4.2 (h)
15 m
-203-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplemental Regulations
i)
Notwithstanding any other provisions of the By-law to the contrary, the following provisions shall also
apply to a greenhouse facility:
a) Lot frontage:
60 m or as shown on an approved site plan demonstrating adequate
setbacks and buffering from abutting sensitive land uses but at no time
less than 30 m, minimum;
b) Front yard:
20 m, minimum
c) Interior side yard:
3 m or equal to the height of the sidewall of the greenhouse,
whichever is greater, when abutting a sensitive land use 15 m,
minimum;
By-law
d) Rear yard:
5 m;
89-2019
e) Lot coverage (maximum): 80%;
f) Landscaped Open Space: 25%, minimum of the required front yard setback area
ii)
Notwithstanding any other yard or setback provision of this By-law to the contrary, no residential,
institutional, commercial, industrial or recreational use located on a separate lot and other wise permitted
by this By-law, shall be established and no building or structure for such use shall be erected or altered
unless it complies with the requirements of Minimum Distance Separation I as outlined in the
Implementation Guidelines administered by the Ontario Ministry of Agriculture, Food and Rural Affairs.
iii) Notwithstanding any other yard or setback provision of this By-law to the contrary, no livestock facility or
manure storage facility shall be erected or expanded unless it complies with the requirements of
Minimum Distance Separation II as outlined in the Implementation Guidelines administered by the
Ontario Ministry of Agriculture, Food and Rural Affairs.
vi) Prohibited uses, structures and buildings: mobile homes and RV's for the purpose of living
accommodations;
v) 60 % of the goods and materials sold in the roadside stand or farm produce outlet are grown on the
property where the road side stand or farm produce outlet is placed.
vi) a new mushroom farm shall not locate within 500 m of an existing residence.
vii) Each dwelling shall be connected to full municipal services (storm water services, potable water services,
sanitary services) and electrical services where available and as approved by The Corporation or any
other authority having jurisdiction.
viii) Dog kennels shall be permitted in any Agricultural Zone as identified in Subsection 7.1 of this By-law
provided that no part of a kennel shall be permitted closer than 300 m to any existing dwelling on a lot
other than the lot on which such kennel is located.
ix) The following supplementary regulations shall also apply to lands zoned (A1):
Subsection 3:
Definitions
Subsection 4:
General Regulations (ie: Home occupations)
Subsection 5:
Parking Regulations xi) Subsection 4.15 Floodplain Development Control Area shall
apply in whole or in part to lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-204-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 7.1 e) AGRICULTURAL EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
7.1.1
'AGRICULTURE EXCEPTION 1 (A1-1)' (A1-1)
a) For lands shown as A1-1 on Map 38, Schedule "A" of this By-law.
b) Permitted Uses
i)
An indoor pistol and rifle range, archery, hunting dog training and accessory uses,
including a clubhouse, in addition to the uses permitted in subsection 7.1.1 of this
By-law.
c) Prohibitive Uses
i)
Residential use is not permitted on lands zoned A1-1.
d) Permitted Buildings and Structures for the permitted uses.
e) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.2
'AGRICULTURE EXCEPTION 2 (A1-2)' (A1-2)
a) For lands known as A1-2 as shown on Map 38, Schedule "A" of this By-law.
b) Permitted Uses
i)
Permitted uses for the (A1-2) zone are limited to a mushroom farm and all uses
accessory to a mushroom farm; and
ii) Existing dwelling units.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
Notwithstanding any other provisions of this By-law to the contrary, on those lands zoned
A1-2, the lot and building requirements shall be in accordance with the following:
i)
Minimum Lot area 14 hectares
ii) Minimum Lot frontage 280 m
iii) Maximum Lot coverage 25% maximum
iv) Minimum Setbacks:
a) The minimum required setback from all existing dwelling units except those
dwelling units existing on the lands zoned A1-2 for new buildings and structures
associated with the production of compost such as, but not exclusive to, compost
pads and pasteurization tunnels shall be 240 meters for enclosed facilities and
300 meters for open facilities;
b) The minimum required setback from all lot lines for new enclosed growing beds
shall be 50 meters;
-205-
Comprehensive Zoning By-law 1-2014
January 2023
c) The minimum required setback from all lot lines for all other uses not
included in iv) a) and b) above such as but not exclusive to packing,
packaging and shipping uses shall be 30 meters.
d) All other general provisions of this By-law shall apply to lands zoned A1-
2 except that the definition of lot coverage for this zone shall be as
follows: Lot coverage shall mean the percentage of the lot area of a lot
that is covered by the perpendicular projections onto a horizontal plane
of the area of all buildings and any structures with a height one meter or
greater above grade. The determination of lot coverage shall not apply
to such things as internal roads, parking areas, ponds, concrete pads, or
any other similar facilities.
7.1.3
'AGRICULTURE EXCEPTION 3 (A1-3)'
(A1-3)
a) For lands known as A1-3 as shown on Map 41, Schedule "A" of this By-law.
b) Permitted Uses
i)
A contractor's office in addition to the uses permitted in Subsection 7.1 of this By- law;
ii) Enclosed storage of goods and materials used in the contractor's office.
c) Prohibitive Uses
i)
Outside storage is not permitted on lands zoned A1-3.
d) Permitted Buildings and Structures for the permitted uses:
e) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.4
'AGRICULTURE EXCEPTION 4 (A1-4)' (A1-4)
a) For lands known as A1-4 as shown on Map 41, Schedule "A" of this By-law.
b) Permitted Uses
i)
A maximum of three (3) residential dwelling units in the existing structure.
c) Permitted Buildings and Structures for the permitted uses:
i)
Existing building containing residential units;
ii) Buildings and structures for the accessory uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with subsections 7.1.3 and 7.2 of this By-law;
ii) Parking Requirements - Notwithstanding any other requirements of this By-law to the
contrary, a minimum of 2 parking spaces shall be provided per dwelling unit in the
A1-4 zone;
iii) New development for lands zoned (A1-4) shall be serviced by municipal piped water
and are subject to site plan control.
-206-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.5
'AGRICULTURE EXCEPTION 5 (A1-5)'
(A1-5)
a) For lands known as A1-5 as shown on Map 46, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A ceramic shop.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.6
'AGRICULTURE EXCEPTION 6 (A1-6)'
(A1-6)
a) For lands known as A1-6 as shown on Map 46, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A truck lettering and sign establishment.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.7
'AGRICULTURE EXCEPTION 7 (A1-7)'
(A1-7)
a) For lands known as A1-7 as shown on Map 47, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) Storage yard for truck tractors
iii) Truck transportation depot
iv) A tool and die machine shop
v) An automobile body shop and restoration shop
c) Prohibitive Uses
i)
Outside storage is not permitted on lands zoned A1-7.
d) Permitted Buildings and Structures
i)
Maintenance building for truck trailers
ii) Buildings and structures for the permitted uses
-207-
Comprehensive Zoning By-law 1-2014
January 2023
e) Zone Provisions
Notwithstanding Subsection 7.1, all lot and building requirements for the permitted uses
and structures of the (A1-7) zone shall be in accordance with the following:
i)
Minimum Lot area 2.2 hectares
ii) Minimum Lot frontage 120 meters
iii) Maximum Floor area of Main building 285m2
iv) Minimum Front yard 30 meters
v) Minimum Rear yard 30 meters
vi) Minimum Interior Side yard 10 meters
vii) Minimum Exterior Side yard 30 meters
All other provisions shall be in compliance with subsection 7.1 of this by-law.
7.1.8
'AGRICULTURE EXCEPTION 8 (A1-8)'
(A1-8)
a) For lands known as A1-8 as shown on Map 48, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A subsurface weeping system together with any necessary accessory uses, such as
partially enclosed holding tanks, but not to include open ponds and above- ground
spraying operations in accordance with the regulations of the Ministry of the
Environment for the purpose of disposing of the waste water from the canning factory
existing to the east, in addition to the uses permitted in Subsection 7.1 of this By-law.
iii) Accessory uses
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.9
'AGRICULTURE EXCEPTION 9 (A1-9)'
(A1-10)
a) For lands known as A1-9 as shown on Map 48, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) Warehousing of food products from Agriculture crops
iii) Canning and jarring of food products
iv) Spraying of and disposal of waste water from a canning factory
c) Prohibited Uses
Food processing is prohibited.
d) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
e) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be
in accordance with Subsection 7.1 of this By-law.
-208-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.10
'AGRICULTURE EXCEPTION 10 (A1-10)'
(A1-11)
a) For lands known as A1-10 as shown on Map 48, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) An automobile towing service and automobile storage compound.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.11
'AGRICULTURE EXCEPTION 11 (A1-11)'
(A1-13)
a) For lands known as A1-11 as shown on Map 50, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A television sales and service establishment.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.12
'AGRICULTURE EXCEPTION 12 (A1-12)'
(A1-17)
a) For lands known as A1-12 as shown on Map 55, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) Automobile, truck, industrial equipment, farm equipment, lawn and garden equipment
and recreation vehicle sales and service establishment;
iii) Service shops; lumber yards and building supply outlets; bulk sales establishments;
iv) Tradesman's and contractor's yards and shops;
v) Warehousing;
vi) Non-effluent producing industrial uses, excluding heavy manufacturing uses;
vii) Transportation and truck terminals;
viii) Accessory uses including retail and office uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
-209-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.13
'AGRICULTURE EXCEPTION 13 (A1-13)'
(A1-18)
a) For lands known as A1-13 as shown on Map 59, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A specialty workshop;
iii) Accessory retail sales.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.14 'AGRICULTURE EXCEPTION 14 (A1-14)'
(A1-19)
a) For lands known as A1-14 as shown on Map 59, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) An automobile salvage operation and automobile repair garage.
c) Permitted Buildings and Structures
i)
Permitted buildings of Subsection 7.1;
ii) Permitted buildings and structures for the automobile salvage operation and
automobile repair garage are limited to buildings and structures existing at the
date of passing of this by-law.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
All lot and building requirements of the existing buildings and structures associated
with the automobile salvage operation and automobile repair garage shall be as
existing on the date of adoption of this by-law.
7.1.15
'AGRICULTURE EXCEPTION 15 (A1-15)'
(A1-20)
a) For lands known as A1-15 as shown on Map 60, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1
ii) A welding and fabricating establishment.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
-210-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.16
'AGRICULTURE EXCEPTION 16 (A1-16)'
(A1-21)
a) For lands known as A1-16 as shown on Map 61, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) A truck terminal.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.17
'AGRICULTURE EXCEPTION 17 (A1-17)'
(A1-22)
a) For lands known as A1-17 as shown on Map 61, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) A lawnmower and small engine sales and service establishment.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.18
'AGRICULTURE EXCEPTION 18 (A1-18)'
(A1-23)
a) For lands known as A1-18 as shown on Map 61, Schedule "A" of this By-law.
b) Permitted Uses Uses
i)
Uses permitted in Subsection 7.1;
ii) A plumbing, heating, refrigeration, air conditioning and masonry contractor's yard.
c) Prohibited Uses:
i)
Outside storage of goods and materials associated with the plumbing, heating, air
conditioning and masonry contractor's yard shall be prohibited.
d) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
e) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
-211-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.19
'AGRICULTURE EXCEPTION 19 (A1-19)'
(A1-26)
a) For lands known as A1-19 as shown on Map 38, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) Small scale, dry, light industrial uses and accessory uses including accessory retail facility.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law;
ii) The maximum floor area for the light industrial building shall be 1,200 m2.
7.1.20
'AGRICULTURE EXCEPTION 20 (A1-20)'
(A1-28)
a) For lands known as A1-20 as shown on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) A wood chipping processing and storage facility;
iii) Cardboard and paper material recycling and warehousing facility.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
The existing barn will be the only building used for the cardboard and paper
material recycling and warehousing facility.
7.1.21
'AGRICULTURE EXCEPTION 21 (A1-21)'
(A1-32)
a) For lands known as A1-21 as shown on Map 53, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) A Central Thermal Energy Generating Facility
iii) Ancillary and secondary uses to the generating facility.
c) Prohibited Uses
i)
Outside storage shall be prohibited.
d) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
e) Zone Provisions
i)
The maximum building size (floor area) for the central thermal energy generating
facility shall be 4,654 m2;
ii) Truck access for the facility will be restricted to County Road 34.
-212-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.22
'AGRICULTURE EXCEPTION 22 (A1-22)'
(A1-33) S
a) For lands known as A1-22 as shown on Map 59, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection
ii) one home occupation in a detached accessory structures for a contractor's office
(including display and storage) and a contractor's shop and yard.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
only one dwelling per lot.
ii) the required lot area shall be 7.0 hectares.
7.1.23
'AGRICULTURE EXCEPTION 23 (A1-23)'
(A1-37)
a) For lands known as A1-23 as shown on Map 61, Schedule "A" of this By-law.
b) Permitted Uses
Uses permitted for lands zoned (A1-23) zone shall be limited to the following:
i)
Agricultural Uses as defined in Subsection 7.1 of this By-law;
ii) Greenhouses serviced by municipal piped water in accordance with subsection 7.1 of
this By-law;
iii) Single unit detached dwelling in accordance with Subsections 7.1 of this By- law;
iv) Supplementary housing to the greenhouse operations in accordance with
subsection 7.1 of this By-law;
v) Uses accessory to the foregoing permitted uses;
vi) Notwithstanding the above, fruit and vegetable stands or retail outlets for the sale of
goods and materials grown on-site are prohibited on lands zoned (A1-23).
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.24
'AGRICULTURE EXCEPTION 24 (A1-24)'
(A1-38)
a) For lands known as A1-24 as shown on Map 39, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1.
c) Permitted Buildings and Structures for the permitted uses.
-213-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provision:
i)
no dwelling shall be constructed closer than 550 m to the base of any wind
turbine.
7.1.25
'AGRICULTURE EXCEPTION 25 (A1-25)'
(A1-40 (h)) (87-2012)
a) For lands known as A1-25 (h) as shown on Map 58, Schedule "A" of this By-law.
b) Permitted Uses
Uses permitted for lands zoned (A1-25) zone shall be limited to the following:
i)
Agricultural;
ii) Accessory uses to Agriculture.
c) Permitted Buildings and Structures
Those buildings and structures permitted for lands zoned (A1-25) are limited to the
following:
i)
One single, detached residential building;
ii) Accessory buildings to the Agricultural Uses;
iii) Accessory buildings to the residential use.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
All lot and building requirements shall be in accordance with subsections 7.1 of this
By-law for lands zoned '(A1-25)';
ii) The holding (h) provision for this site shall be removed when Council authorizes an
approved site plan agreement.
7.1.26
'AGRICULTURE EXCEPTION 26 (A1-26)'
(A1-36) S
a) For lands known as A1-26 as shown on Map 54, Schedule "A" of 0this By-law.
b) Permitted Uses
Uses permitted for lands zoned (A1-26) zone shall be limited to the following:
i)
Agricultural Uses;
ii) Greenhouse uses;
iii) Nursery or tree farm;
iv) Retail nursery outlet and retail floral shop;
v) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted for lands zoned (A1-26) are limited to the
following:
i)
Agricultural accessory and secondary buildings for the storage and maintenance of
farm equipment;
ii) One single, detached residence;
iii) Greenhouses in accordance with Subsection 7.1 of this by-law;
iv) Accessory buildings to the Agricultural Uses;
v) Accessory buildings to the residential use.
-214-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
All lot and building requirements shall be in accordance with subsections 7.1 of this
By-law for lands zoned '(A1-26)';
ii) The holding (h) provision for this site shall be removed when Council authorizes an
approved site plan agreement.
7.1.27
'AGRICULTURE EXCEPTION 27 (A1-27)'
(A1-1) N
a) For lands known as A1-27 as shown on Map 1, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) An automobile service station;
iii) Accessory uses.
c) Permitted Buildings and Structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
The service station shall only be allowed to expand by a maximum of 20% of the
total floor area of the existing building as it exists on the date of passing of this By-
law.
7.1.28
'AGRICULTURE EXCEPTION 28 (A1-28)'
(A1-2) N
a) For lands known as A1-28 as shown on Map 2, Schedule "A" of this By-law.
b) Permitted Uses
i) Uses permitted in Subsection 7.1;
ii) Automobile sales and leasing;
iii) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following special
provisions:
i)
No building will be permitted to be constructed in association with the automobile
sales and leasing use;
ii) the automobile sales lot use shall not exceed an area of 60 m x 60 m
7.1.29
'AGRICULTURE EXCEPTION 29 (A1-29)'
(A1-4) N
a) For lands known as A1-29 as shown on Map 9, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
-215-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
The minimum lot area of lands zoned (A1-29) shall be 3 hectares;
ii) The minimum lot frontage of lands zoned (A1-29) shall be 30 m.
7.1.30 'AGRICULTURE EXCEPTION 30 (A1-30)' (A1-5) N
a) For lands known as A1-30 as shown on Map 12, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
c) Prohibited Uses
mushroom farm.
d) Permitted Buildings and Structures for the permitted uses.
e) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
The minimum lot area of lands zoned (A1-30) shall be 8 hectares;
ii) The minimum lot frontage of lands zoned (A1-30) shall be 35 m.
7.1.31
'AGRICULTURE EXCEPTION 31 (A1-31)'
(A1-6) N
a) For lands known as A1-31 as shown on Map 12, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
Two existing single, detached residences are permitted on one lot provided that
the smaller dwelling cannot be enlarged;
iii) A severance is not permitted for the separation of the two existing residences.
7.1.32
'AGRICULTURE EXCEPTION 32 (A1-32)'
(A1-8) N
a) For lands known as A1-32 as shown on Map 18, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) An automobile body repair shop;
iii) Accessory uses to the automobile body repair shop.
-216-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.33 'AGRICULTURE EXCEPTION 33 (A1-33)'
(A1-10) N
a) For lands known as A1-33 as shown on Map 22, Schedule "A" of this By-law.
b) Permitted Uses
Permitted uses for lands zoned (A1-33) are limited to the following:
i)
One single detached residence;
ii) Heavy equipment storage;
iii) Accessory uses to the automobile body repair shop.
c) Permitted Buildings and Structures
i)
Buildings for the permitted uses;
ii) Building to enclose the heavy equipment.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
provisions that will apply to lands zoned (A1-33).
i)
Minimum lot area - 7,500 m2;
ii) Minimum lot frontage - 115 m;
iii) Minimum front yard - 7 m;
iv) Minimum Side yard - 7 m
v) All heavy equipment shall be within enclosed storage.
7.1.35
'AGRICULTURE EXCEPTION 35 (A1-35)'
(A1-12) N
a) For lands known as A1-35 as shown on Map 26, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) A trucking and excavating operation;
iii) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
-217-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.36 'AGRICULTURE EXCEPTION 36 (A1-36)'
(A1-13) N
a) For lands known as A1-36 as shown on Map 29, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) Underground brine solution extraction operation;
iii) Commercial sale of brine solution;
iv) Outside storage of brine and brine-water in above ground tanks and in earthen ponds;
v) Outside storage of heavy equipment;
vi) Accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following provisions
applying to lands zoned (A1-36):
i)
The yard requirement for the earthen storage pond is defined as follows:
a. Minimum Front yard - 175 m;
b. Minimum Side yard - North side - 75 m;
c. Minimum Side yard - South side - 185 m;
d. Minimum Rear yard - 350 m.
ii) In addition to the yard requirements for the earthen storage pond contained above,
the capacity of the earthen storage pond shall not exceed 5,450,000 litres;
iii) The construction or erection of any new buildings and structures or expansions to
existing buildings and structures to be used for the permitted uses identified above
in this by-law, but excluding those uses permitted under Subsection 7.1, shall
require an amendment to this By-law.
7.1.37 'AGRICULTURE EXCEPTION 37 (A1-37)'
(A1-14) N
a) For lands known as A1-37 as shown on Map 31, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
ii) Trucking operation;
iii) Accessory uses.
c) Permitted Buildings and Structures
i)
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following special
provisions:
i)
The trucking operation shall only be allowed to expand by a maximum of 20% of the total
floor area of the building as it exists on the date of passing of this By- law.
ii) Outside storage shall be limited to the area existing on the date of passing of this by-law
and will not be allowed to expand.
-218-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.38 'AGRICULTURE EXCEPTION 38 (A1-38)'
(A1-15) N
a) For lands known as A1-38 as shown on Map 32, Schedule "A" of this By-law.
b) Permitted Uses
i)
Existing automobile wrecking establishment;
ii) Accessory uses.
c) Permitted Buildings and Structures
i)
Existing Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the buildings and structures associated with the
automobile wrecking establishment shall be as they existed on the date of adoption of this
By-law.
All other zone provisions of the (A1) zone shall apply to the subject lands.
7.1.39 'AGRICULTURE EXCEPTION 39 (A1-39)'
(A1-17) N
a) For lands known as A1-39 as shown on Map 35, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1 and in addition:
i)
A farm machinery sales and service establishment;
ii) Accessory uses to the permitted uses.
c) Permitted Buildings and Structures
i)
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following
special provisions:
i)
Minimum lot frontage - 78 m;
ii)
Minimum lot area - 2.8 ha.
7.1.40 'AGRICULTURE EXCEPTION 40 (A1-40)'
(A1-20) N
a) For lands known as A1-40 as shown on Map 1, Schedule "A" of this By-law.
b) Permitted Uses
Those uses for lands zoned (A1-40) will be limited to the following:
i)
Residential use;
ii) Accessory uses to the permitted use.
c) Permitted Buildings and Structures
i)
One multiple dwelling;
ii) One single, detached residence;
iii) Accessory structures.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following special
provisions applies to lands zoned (A1-40):
i)
maximum dwelling units in the multiple dwelling - 10 units;
-219-
Comprehensive Zoning By-law 1-2014
January 2023
ii) Minimum lot frontage - 15 m;
iii) parking - the minimum number of parking spaces shall be 1.5 parking spaces per
residential unit.
7.1.41 'AGRICULTURE EXCEPTION 41 (A1-41)'
(A1-22) N
a) For lands known as A1-41 as shown on Map 13 Schedule "A" of this By-law.
b) Permitted Uses
Those uses for lands zoned (A1-41) are limited to the following:
i)
Motorcycle parts, service and sales;
ii) Outside storage;
iii) Accessory uses to the permitted use.
c) Permitted Buildings and Structures
i)
Buildings and structures for the permitted uses;
ii) Accessory structures.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following special
provisions applies to lands zoned (A1-41):
i)
Maximum floor area for the motorcycle shop - as existing at the date of passing of the
by-law;
ii) Outside storage - as existing at the date of passing of the by-law.
7.1.42 'AGRICULTURE EXCEPTION 42 (A1-42)'
(A1-25) N
a) For lands known as A1-42 as shown on Map 1, Schedule "A" of this By-law.
b) Permitted Uses
Those uses for lands zoned (A1-40) will be limited to the following:
i)
Uses permitted in Subsection 7.1;
ii) Existing contractor's shop;
iii) Existing storage facility;
iv) Existing transport truck facility;
v) Accessory uses to the permitted use.
c) Permitted Buildings and Structures
i)
Buildings for the permitted uses;
ii) Accessory structures.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following special
provisions applies to lands zoned (A1-42):
i)
Transport truck parking and storage area is restricted to the existing area used at the
date of passing of this by-law;
ii) Minimum lot and area requirements are as the lot is existing at the date of
passing of this by-law.
-220-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.43 'AGRICULTURE EXCEPTION 43 (A1-43)'
(A1-26) N
a) For lands known as A1-43 as shown on Map 31 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following:
i)
The minimum lot area of lands zoned (A1-43) shall be 15 hectares.
7.1.44 - deleted by 17-2016
7.1.45 'AGRICULTURE EXCEPTION 45 (A1-45)'
(A1-30) N
a) For lands known as A1-45 as shown on Map 6, Schedule "A" of this By-law.
b) Permitted Uses
Those Uses permitted in Subsection 7.1;
c) Prohibited Uses
i)
Intensive livestock operation is prohibited on lands zoned (A1-45).
d) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
e) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following:
i)
Existing buildings and structures on lands zoned (A1-45) shall not be used for
intensive livestock operations.
7.1.46 'AGRICULTURE EXCEPTION 46(A1-46)'
(A1-31) N
a) For lands known as A1-46 as shown on Map 17, Schedule "A" of this By-law.
b) Permitted Uses
Permitted uses for lands zoned (A1-46):
i)
Uses permitted under Section 7.1;
ii) A trucking operation.
c) Permitted Buildings and Structures
i)
Those buildings and structures for the permitted uses.
d) Zone Provisions
All requirements for the permitted buildings and structures shall be in accordance with
Subsection 7.1 of this By-law with the exception of the following shall apply to lands zoned
(A1-46):
i)
A maximum of 2 transport tractors shall be parked on site at one time;
ii) A maximum of 2 transport trailers shall be parked on site at one time.
-221-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.47 'AGRICULTURE EXCEPTION 47 (A1-47)'
(A1-32) N
a) For lands known as A1-47 as shown on Map 3, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Prohibited Uses
Intensive livestock is a prohibited use in the (A1-47) zone.
e) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following:
i)
In accordance with Section 3.1.20, a maximum of 2 animal units are permitted on lands
zoned (A1-47).
7.1.48 'AGRICULTURE EXCEPTION 48 (A1-48)'
(A1-38) N
a) For lands known as A1-48 as shown on Map 19, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in Subsection 7.1.
c) Permitted Buildings and Structures
Those buildings and structures permitted under Subsection 7.1;
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following:
i)
Minimum front yard setback (residence) - as it existed at the date of passing of this by-law;
ii) Minimum rear yard setback (barn) - as it existed at the date of passing of this by- law;
iii) Maximum height (barn) - as it existed at the date of passing of this by-law.
7.1.49 - deleted by 17-2016
7.1.50 'AGRICULTURE EXCEPTION 50 (A1-50)'
(A1-41) N
a) For lands known as A1-50 as shown on Map 9, Schedule "A" of this By-law.
b) Permitted Uses
i) Those uses permitted in Subsection 7.1;
ii) The sorting, refining, blending and composting of greenhouse by-products for the
purpose of redistribution into the market.
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following:
-222-
Comprehensive Zoning By-law 1-2014
January 2023
i)
By-products may include man made mineral fiber (rock wool), vines (including fruits
and vegetables attached thereto), cocoa and other similar materials but shall not
include raw greenhouse waste, including but not limited to fruits and vegetables,
except in accordance with normal farm practices and in compliance with applicable
regulations and protocols, non bio-degradable material (excluding materials incidental
to the agricultural process), fish waste or any hazardous materials and chemicals;
ii) Buildings and structures associated with the sorting, refining, blending and composting
of greenhouse by-products for the purpose of redistribution are subject to site plan
control.
7.1.51 - deleted by 17-2016
7.1.52 'AGRICULTURE EXCEPTION 52 (A1-52)'
a) For lands shown as A1-52 on Map 9 Schedule "A" of this By-law.
b) Permitted Uses
i) Those uses permitted under Section 7.1 Agriculture (A1).
c) Permitted Buildings and Structures
i) Those buildings and structures permitted in Section 7.1.
d) Zone Provisions
Notwithstanding Subsection 7.1 Zone Provisions, the following shall apply to lands within the
A1-52 zone:
i)
Minimum Lot area - 7,000 m2;
ii) Minimum Lot frontage - 100 meters;
iii) Minimum Front yard Setback - 20 meters;
iv) Minimum Interior Side yard - 1.5 meters;
v) Minimum Exterior Side yard - 15 meters;
vi) Maximum Height of All Buildings/structures - 10 meters.
e) Holding (H) Provision
i)
Soil testing with necessary approvals, and if deemed required, remediation of the
soil, will be required prior to the removal of the 'Holding (h)' provision;
ii) In addition, a site plan agreement authorized by Council will be required prior to the
removal of the 'Holding(h)' provision.
7.1.52 'AGRICULTURE EXCEPTION 53 (A1-53)'
(87-2013) (Platinum Acres)
a) For lands known as A1-53 as shown on Map 59, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in Subsection 7.1;
ii) agricultural products packaging and shipping.
c) Permitted Buildings and Structures
i)
Buildings and structures for the permitted uses;
ii) agricultural products packaging and shipping.
d) Zone Provisions (AMENDED BY By-law 72-2021)
Notwithstanding Subsection 7.1 Zone Provisions, the following shall apply to lands within the
A1-52 zone:
i)
Minimum Lot area - 6,400 m²;
-223-
Comprehensive Zoning By-law 1-2014
January 2023
ii) Minimum Lot frontage - 50 meters.
7.1.53 'AGRICULTURE EXCEPTION 54 (A1-54)'
(78-2014)
a) For lands known as A1-53 as shown on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1 Agriculture Zone 1 (A1);
ii) Notwithstanding the provisions of Section 7.1 of By-law No. 1-2014 to the contrary an
additional permitted use described as a Transport Terminal shall be permitted. For
further clarity a Transport Terminal on lands Zoned A1-54 shall be limited to the storing,
parking and dispatching of freight-carrying trucks and further limited to the transportation
of agricultural products including but not necessarily limited to locally grown produce,
grain and seed.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) Zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1.;
ii) Notwithstanding the provisions of By-law No. 1-2014 to the contrary, a Transport
Terminal as permitted in clause (b)ii) above, shall:
a) Be subject to an executed site plan control agreement between the landowner, and
the Corporation;
b) Be limited to an area not to exceed 0.6 ha (1.5 ac.), and
c) Have all other applicable provision of this By-law be in compliance.
-224-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.54 'AGRICULTURE EXCEPTION 55 (A1-55)'
(95-2014)
a) For lands known as A1-55 as shown on Map 4, Schedule "A" of this By-law.
b) Permitted Uses
i)
Uses permitted in Subsection 7.1;
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Subsection 7.1 in the (A1) Zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law with the exception of the following provisions
applying to the lands Zoned (A1-55):
i)
Minimum lot area - 2.9 ha (7.1 ac.)
7.1.55 'AGRICULTURE EXCEPTION 56 (T- A1-56)' (78-2015)
a) For lands known as A1-56 as shown on Map 56, Schedule "A" of this By-law.
i)
Notwithstanding the provisions of Subsection 4.19 of By-law No. 1-2014 to the contrary,
a home industry shall include an automobile repair establishment as defined in the by-
law and for which the following shall apply:
a) The size of an automobile repair establishment shall not exceed 180 sq. m;
b) The storage of unplated or derelict vehicles is prohibited;
c) The storage of licensed vehicles is limited to those vehicles being repaired and
returned to the vehicle's owner;
d) All other applicable provisions of Section 4.19 shall be in compliance.
ii) The authorization of the temporary use shall lapse on July 13, 2016.
7.1.56 'AGRICULTURE EXCEPTION 57 (A1-57)' (103-2015)
a) For lands shown as A1-57 on Map 53 (County Road 34 E) Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 7.1 in the (A1) Zone; Buildings and
structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding any provisions of By-law 1-2014, as amended, the lands subject to the A1-
57 special provisions shall be deemed to be a single lot or parcel of land for zoning
purposes.
-225-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.57 'AGRICULTURE EXCEPTION 58 (A1-58)' (104-2015)
a) For lands shown as A1-58 on Map 49 (Albuna Townline) Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1
c) Permitted Buildings and Structures
A garden suite or a secondary dwelling unit;
Those buildings and structures permitted under Section 7.1 in the (A1) Zone;
Buildings and structures accessory to the permitted uses.
d) Zone Provisions
vii) Minimum lot area - 0.39 ha
viii) Minimum lot frontage - 39 m
ix) Minimum side yard for a garden suite or secondary dwelling unit - 3 m
x) Minimum rear yard for a garden suite or secondary dwelling unit - 3 m
7.1.58 'AGRICULTURE EXCEPTION 59 (A1-59)' (29-2016)
a) For lands shown as A1-59 on Map 4 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 7.1 in the (A1) Zone; Buildings and
structures accessory to the permitted uses.
d) Zone Provisions
i)
Minimum lot area - 1.6 ha
ii) Minimum lot frontage - 60 m
-226-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.59 'AGRICULTURE EXCEPTION 59 (A1-59)' (31-2017)
a) For lands shown as A1-59 on Map 43 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1 (Rural Residential)
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 7.1 (Rural Residential) in the (A1)
Zone;
Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law with the exception of the following special
provisions:
i)
The maximum permitted height of one accessory building shall be 7.6 m;
ii) The maximum accessory building coverage shall be 15%;
Notwithstanding any other provisions of this by-law to the contrary the outdoor storage or
display of raw material or finished product shall be prohibited.
7.1.61 'AGRICULTURE ZONE 1 EXCEPTION 61 (A1-61)' (11-2018)
a) For lands shown as A1-61 on Map 44 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1
c) Permitted Buildings and Structures
Those buildings and structures permitted under Section 7.1 Buildings
and structures accessory to the permitted uses
d) Zone Provisions
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, the
lands zoned A1-61 shall be deemed to be a single existing lot or parcel of land for zoning
purposes.
-227-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.62 'AGRICULTURE ZONE 1 EXCEPTION 62 (A1-62)' (32, 33 & 84-2018)
a) For lands shown as A1-62 on Map 53 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, the
lands zoned A1-62 and/or A1-57 in combination shall be deemed to be a single existing lot
or parcel of land for zoning setback purposes.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for
lands zoned A1-62 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed MMPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible marihuana odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF, is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-62;
iii) Item g) is deleted and replaced as follows:
a. an MMPF growing area shall be located a minimum of 100 m from an existing off-site
residential use or institutional use;
b. an MMPF processing area shall be located a minimum of 65 m from an existing off-
site residential use;
c. item g) shall not be applicable to an on-site bunkhouse.
All other items listed under Section 4.46 remain applicable to lands zoned A1-62.
-228-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.63 'AGRICULTURE ZONE 1 EXCEPTION 63 (A1-63)' (33 & 84-2018)
a) For lands shown as A1-63 on Map 48 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for
lands zoned A1-63 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed MMPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible marihuana odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-63;
iii) Item g) shall not be applicable to on-site residential uses including a bunkhouse on the
lands zoned A1-63.
iv) Item g) shall not be applicable to an existing off-site residential use located on lands at
1158 Road 3 E and used as part of the lands zoned A1-63.
All other items listed under Section 4.46 remain applicable to lands zoned A1-63.
7.1.64 'AGRICULTURE ZONE 1 EXCEPTION 64 (A1-64)' (34 & 84-2018)
a) For lands shown as A1-64 on Map 48 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
-229-
Comprehensive Zoning By-law 1-2014
January 2023
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-64 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved
for use by Health Canada or demonstrate no negative impact to the satisfaction of the
Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
a. Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
b. Items d), e) and i) are not applicable to lands zoned A1-64;
c. Item g) shall not be applicable to on-site or off-site residential uses including bunkhouses
under the same ownership of an individual or corporation of the lands zoned A1-64.
All other items listed under Section 4.46 remain applicable to lands zoned A1-64.
7.1.65 'AGRICULTURE ZONE 1 EXCEPTION 65 (A1-65)' (52 & 84-2018)
a) For lands shown as A1-65 on Map 48 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-65 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used, as part of an Air Treatment Control system, must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-65;
-230-
Comprehensive Zoning By-law 1-2014
January 2023
iii) Item g) shall not be applicable to on-site residential uses including a bunkhouse on the
lands zoned A1-65.
iv) Item g) shall not be applicable to existing off-site residential uses located on lands at 1533,
1535, 1539 and 1543 County Road 34 E and associated with the lands zoned A1-65.
All other items listed under Section 4.46 remain applicable to lands zoned A1- 65.
7.1.66 'AGRICULTURE ZONE 1 EXCEPTION 66 (A1-66)' (63-2018)
a) For lands shown as A1-66 on Map 53 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-66 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-66;
iii) Item g) shall not be applicable to on-site residential uses including a bunkhouse on the
lands zoned A1-66.
All other items listed under Section 4.46 remain applicable to lands zoned A1-66.
7.1.67 'AGRICULTURE ZONE 1 EXCEPTION 67 (A1-67)' (64 & 84-2018)
a) For lands shown as A1-67 on Map 40 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
-231-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-67 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved
for use by Health Canada or demonstrate no negative impact to the satisfaction of the
Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-67;
iii) Item g) shall not be applicable to on-site residential uses including a bunkhouse on the
lands zoned A1-67.
All other items listed under Section 4.46 remain applicable to lands zoned A1-67.
-232-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.68 'AGRICULTURE ZONE 1 EXCEPTION 68 (A1-68)' (65-2018)
a) For lands shown as A1-68 on Map 47 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-68 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved
for use by Health Canada or demonstrate no negative impact to the satisfaction of the
Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or
supportive of the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-68;
iii) Item g) shall not be applicable to on-site residential uses including a bunkhouse on the
lands zoned A1-68.
All other items listed under Section 4.46 remain applicable to lands zoned A1-68.
7.1.69 'AGRICULTURE ZONE 1 EXCEPTION 69 (A1-69)' (74-2018)
a) For lands shown as A1-69 on Map 52 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
-233-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for
lands zoned A1-69 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed MMPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible marihuana odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
iv) Item c) is deleted and replaced as follows: An existing residential use accessory to or
supportive of the agricultural uses on-site, including a MMPF, is permitted
v) Items d), e) and i) are not applicable to lands zoned A1-69;
vi) Item g) is deleted and replaced as follows:
a. an MMPF growing area shall be located a minimum of 100 m from an existing off-
site residential use or institutional use;
b. item g) shall not be applicable to an on-site bunkhouse.
All other items listed under Section 4.46 remain applicable to lands zoned A1-69.
7.1.70 'AGRICULTURE ZONE 1 EXCEPTION 70 (A1-70)'
a) For lands shown as A1-70 on Map 53 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-70 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed MMPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible marihuana odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
-234-
Comprehensive Zoning By-law 1-2014
January 2023
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: An existing residential use accessory to or
supportive of the agricultural uses on-site, including a MMPF, is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-70;
iii) Item g) is deleted and replaced as follows:
a. an MMPF growing area shall be located a minimum of 100 m from an existing off-site
residential use or institutional use;
b. item g) shall not be applicable to an on-site bunkhouse or off-site dwelling under the
same ownership as the lands zoned A1-70.
All other items listed under Section 4.46 remain applicable to lands zoned A1-70.
7.1.71 'AGRICULTURE ZONE 1 EXCEPTION 71 (A1-71)' (95-2018)
a) For lands shown as A1-71 on Map 44 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for
lands zoned A1-71 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed MMPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible marihuana odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: An existing residential use accessory to or
supportive of the agricultural uses on-site, including a MMPF, is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-71;
iii) Item g) is deleted and replaced as follows:
a. an MMPF growing area shall be located a minimum of 100 m from an existing off-site
residential use or institutional use;
b. item g) shall not be applicable to an on-site bunkhouse or off-site dwelling under the
same ownership as the lands zoned A1-71.
All other items listed under Section 4.46 remain applicable to lands zoned A1-71.
7.1.72 'AGRICULTURE ZONE 1 EXCEPTION 72 (A1-72)' (96-2018)
a) For lands shown as A1-71 on Map 44 Schedule "A" of this By-law.
-235-
Comprehensive Zoning By-law 1-2014
January 2023
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-72 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: An existing residential use accessory to or
supportive of the agricultural uses on-site, including a MMPF, is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-72;
iii) Item g) is deleted and replaced as follows:
a. an MMPF growing area shall be located a minimum of 100 m from an existing off-site
residential use or institutional use;
b. item g) shall not be applicable to an on-site bunkhouse or off-site dwelling under the
same ownership as the lands zoned A1-72.
All other items listed under Section 4.46 remain applicable to lands zoned A1-72.
7.1.73 - withdrawn
7.1.74 'AGRICULTURE ZONE 1 EXCEPTION 74 (A1-74)' (33-2019)
a) For lands shown as A1-74 on Map 48 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A medical marihuana production facility (MMPF)
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
-236-
Comprehensive Zoning By-law 1-2014
January 2023
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for lands
zoned A1-74 a medical marihuana production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person. Prior
to the beginning of any growing operations of the licensed MMPF the owner/operator must
demonstrate to the satisfaction of the Town, including the submission of a maintenance
schedule that the ATC is installed and operational as per the design specifications to
maintain no perceptible marihuana odour or transmission of odour control agents beyond the
property line.
Odour control agents used as part of an Air Treatment Control system must be approved for
use by Health Canada or demonstrate no negative impact to the satisfaction of the Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i)
Item c) is deleted and replaced as follows: A residential use accessory to or supportive of
the agricultural uses on-site, including a MMPF is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-74;
All other items listed under Section 4.46 remain applicable to lands zoned A1-74.
7.1.75 - deferred
7.1.76 - deferred
7.1.77 - refused
7.1.78 'AGRICULTURE ZONE 1 EXCEPTION 78 (A1-78)' (90-2019)
a) For lands shown as A1-78 on Map 49 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1 (Rural Residential);
ii) A bunkhouse accessory to a greenhouse located at 1755 Road 4 E (County Road 18)
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 (Rural Residential) in the
(A1) zone;
ii) A bunkhouse
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law with the exception of the following special
provisions;
i)
The minimum required easterly side yard setback shall be 25 m;
-237-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.79 'AGRICULTURE ZONE 1 EXCEPTION 79 (A1-79)'
a) For lands shown as A1-79 on Map 23 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1;
ii) A cannabis production facility (CPF)
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 in the (A1) zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
Notwithstanding any other provision of By-law 1-2014, as amended, to the contrary, for
lands zoned A1-79 a cannabis production facility shall require the installation and
maintenance of an Air Treatment Control (ATC) system designed by a qualified person.
Prior to the beginning of any growing operations of the licensed CPF the owner/operator
must demonstrate to the satisfaction of the Town, including the submission of a
maintenance schedule that the ATC is installed and operational as per the design
specifications to maintain no perceptible cannabis odour or transmission of odour control
agents beyond the property line.
Odour control agents used as part of an Air Treatment Control system must be approved
for use by Health Canada or demonstrate no negative impact to the satisfaction of the
Town.
Notwithstanding Section 4.46 of the by-law to the contrary the following shall apply:
i) Item c) is deleted and replaced as follows: An existing residential use accessory to or
supportive of the agricultural uses on-site, including a CPF, is permitted
ii) Items d), e) and i) are not applicable to lands zoned A1-79;
iii) Item g) is deleted and replaced as follows:
a. item g) shall not be applicable to an on-site bunkhouse.
All other items listed under Section 4.46 remain applicable to lands zoned A1-79.
-238-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.80 'AGRICULTURE ZONE 1 EXCEPTION 80 (A1-80)'
a) For lands shown as A1-80 on Map 53 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1 (Rural Residential);
ii) A non-accessory bunkhouse;
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 (Rural Residential) in the
(A1) zone;
ii) A non-accessory bunkhouse in an existing single detached dwelling in the A1-80 zone;
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 7.1 of this By-law.
7.1.81 'AGRICULTURE EXCEPTION 81 (A1-81)' (By-law 105-2020)
a) For lands shown as A1-81 on Map 52 (Graham Side Road) Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 in the (A1) Zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding any provisions of By-law 1-2014, as amended, the lands subject to the A1-81
special provisions shall be deemed to be a single lot or parcel of land for zoning purposes.
7.1.82 'AGRICULTURE EXCEPTION 82 (A1-82)' (By-law 1-2021)
a) For lands shown as A1-82 on Map 30 (County Rd 14 E) Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1 (a)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 (b)
ii) One Secondary Dwelling Unit
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding Section 4.35.1 v. and vi. of By-law 1-2014, as amended, the following
shall apply to the lands subject to the A1-82 Exception:
i) Maximum area of a secondary dwelling unit not to exceed 43% of the total building
area of the existing and proposed buildings.
ii) Maximum number of bedrooms - three (3)
-239-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.83 'AGRICULTURE EXCEPTION 83 (A1-83)' (By-law 47-2021)
a) For lands shown as A1-83 on Map 23 on Schedule "A" of this By-law.
b) Permitted Uses
i) Those uses permitted under Section 7.1 (a)
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 (b)
ii) One Secondary Dwelling Unit.
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 7.1 of this By-law.
7.1.84 'AGRICULTURE EXCEPTION 84 (A1-84)' (By-law 58-2021)
a) For lands shown as A1-84 on Map 44 on Schedule "A" of this By-law.
b) Permitted Uses
i) Those uses permitted under Section 7.1 (a)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 (b)
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding any other provisions of the by-law to the contrary the minimum lot
frontage shall be 24 m, minimum.
7.1.85 'AGRICULTURE ZONE 1 EXCEPTION 85 (A1-85)' (By-law 58-2022; 59-2022 and 60-2022)
a) For lands shown as A1-85 on Map 53 Schedule "A" of this By-law.
b) Permitted Uses
i) Those uses permitted under Section 7.1 (Rural Residential);
ii) A non-accessory bunkhouse;
c) Permitted Buildings and Structures
i) Those buildings and structures permitted under Section 7.1 (Rural Residential) in the (A1)
zone;
ii) A non-accessory bunkhouse in an existing single detached dwelling in the A1-85 zone;
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in accordance
with Section 7.1 of this By-law.
-240-
Comprehensive Zoning By-law 1-2014
January 2023
7.1.86 'AGRICULTURE EXCEPTION 86 (A1-86)' (By-law 89-2021)
a) For lands shown as A1-86 on Map 61 (Seacliff Drive) Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 7.1 (Rural Residential)
ii) Agriculture-related storage in combination with agriculture-related office space
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 (Rural Residential) in the (A1) Zone;
ii) A building for agriculture-related storage in combination with agriculture-related office space;
iii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding any provisions of By-law 1-2014 to the contrary the following shall apply:
i) Total lot coverage for all buildings and structures shall be limited to 30%, and
ii) Section 4.2 g), h) and i) shall not apply.
7.1.87 'AGRICULTURE EXCEPTION 87 (A1-87)' (By-law 33-2022)
a) For lands shown as A1-87 on Map 45 (1483 Road 4 W) Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 7.1 (a)
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 7.1 (b) One Secondary Dwelling Unit
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
Notwithstanding Section 4.35.1 v. and vi. of By-law 1-2014, as amended, the following shall apply to
the lands subject to the A1- 87 Exception:
i) Maximum area of a secondary dwelling unit not to exceed 43% of the total building area of the
existing and proposed buildings.
ii) Maximum number of bedrooms one (1)
-241-
Comprehensive Zoning By-law 1-2014
January 2023
AGRICULTURE - RESTRICTED (A2)
SUBSECTION 7.2
(retained farmland)
a) Permitted Uses
i) Main use
Agriculture
Agriculture research stations
Agricultural operations
Agricultural Operations, intensive
Commercial retail Wineries
Farm produce outlet
Farm produce processing facilities
Greenhouses
Hunting/gaming/wildlife preserves
Intensive livestock
Landing strip and flying clubs
Nursery or landscaping facility
Orchards
Roadside stand
Riding stables
Specialty crop as defined by
Provincial Evaluation procedures
Tree farms
Wayside pits and quarries
Winery
ii) Accessory use
Aviary or establishment for the raising/breeding of fish, poultry or fur
bearing animals
Accessory uses to greenhouses
Accessory uses to Agricultural Uses, excluding a dwelling;
Boarding, lodging, and rooming - house Agricultural;
Fruit and vegetable stand;
Farm market;
Retail component
b) Permitted Buildings and Structures
i)
Permitted
Buildings and
Structures
Accessory structures
Agricultural buildings
Dog kennels
Farm market in compliance with iv) below
Fruit and vegetable stand in compliance with iv) below
Greenhouses and associated structures
Oil doreys
c) Regulations
Agricultural Regulations
Specialty Crops/Greenhouses
All Other Uses
i) Lot area (minimum)
40 ha (100 ac.)
16 ha (39.5 ac.) or
2 ha (5 ac.) for an existing greenhouse
operation where a minimum of 0.4 ha
of greenhouse exists
ii)
Lot frontage
(minimum)
30 m (100 ft)
25 m (ft)
iii) Interior Side
yard (minimum)
3 m (10 ft)
iv)
Front yard
Setback (min.)
15 m (50 ft)
v)
Exterior Side
yard (minimum)
4.5 m (15 ft)
-242-
Comprehensive Zoning By-law 1-2014
January 2023
vi) Rear yard
(minimum)
15 m (50 ft)
vii) Lot coverage
(maximum)
10 % including all
accessory buildings
and structures
30% including all
accessory buildings
and structures
80% including all
accessory buildings and
structures
viii) Main building
Height
(maximum)
10 m (33 ft.)
7.0 m (23 ft.)
15 m (50 ft.)
ix) Accessory
structure height
(maximum)
15 m (50 ft.)
See Section 4.2(h)
15 m (50 ft.)
d) SUPPLEMENTAL REGULATIONS
Notwithstanding any other provisions of the By-law to the contrary, the following provisions shall
also apply to a greenhouse facility:
a) Lot frontage:
60 m or as shown on an approved site plan demonstrating adequate
setbacks and buffering from abutting sensitive land uses but at no time
less than 30 m, minimum;
b) Front yard:
20 m, minimum
c) Interior side yard: 3 m or equal to the height of the sidewall of the greenhouse,
whichever is greater, when abutting a sensitive land use 15 m,
minimum;
By-law
d) Rear yard:
5 m;
89-2019
e) Lot coverage (maximum): 80%;
f) Landscaped Open Space: 25%, minimum of the required front yard setback area
i)
A single detached dwelling or secondary dwelling unit accessory to a permitted use is
prohibited on lands zoned 'Agriculture - Restricted (A2)'
ii) Prohibited uses, structures and buildings: mobile homes and RV's for the purpose of
living accommodations.
iii) 60 % of the goods and materials sold in the fruit and vegetable stand or farm market
are grown on the property where the fruit and vegetable stand or farm market is
placed.
iv) The following supplementary regulations shall also apply to lands zoned (A2):
Subsection 3:
Definitions
Subsection 4: General Provisions (ie: Home occupations)
Subsection 5: Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part
to lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-243-
Comprehensive Zoning By-law 1-2014
January 2023
7.2 e) AGRICULTURE - RESTRICTED EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the
zone category, the provision(s) of this subsection apply; otherwise the other zone category
provisions and all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto
shall also be permitted, subject to the provisions of the zone category and any other provisions
of this by-law applicable to such accessory use.
1. That Section 7.2 of By-law 1-2014 be amended by adding the following Subsection 7.2.1,
Agriculture - Restricted Exception 1 (A2-1):
7.2.1 'AGRICULTURE - RESTRICTED EXCEPTION 1' (A2-1) (By-law 71-2018)
a) For lands shown as A2-1 on Map 52, Schedule "A" of this By-law.
b) Permitted Uses
Notwithstanding subsection 7.2 a) ii) or 7.2 d) ii) of this by-law to the contrary, a bunkhouse
accessory to a permitted greenhouse is a permitted accessory use.
7.2.1 'AGRICULTURE - RESTRICTED EXCEPTION 1' (A2-1) (By-law 10-2020)
a) For lands shown as A2-1 on Map 63, Schedule "A" of this By-law.
Notwithstanding any other provision of the by-law to the contrary the following shall apply to
lands zoned A2-1:
i)
Minimum Lot frontage shall be 15.24 m (50 ft.)
7.2.1 'AGRICULTURE - RESTRICTED EXCEPTION 2' (A2-2) (By-law 14-2021)
a) For lands shown as A2-2 on Map 30, Schedule "A" of this By- law.
Notwithstanding any other provision of the by-law to the contrary the following shall apply to
lands zoned A2-2:
i)
Minimum Lot frontage shall be 15.24 m (50 ft.)
-244-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 8
Commercial Zone Provisions
SUBSECTION 8.1
NEIGHBOURHOOD COMMERCIAL (C1)
a) Permitted Uses
i) Main use
Commercial, Neighbourhood (See Definition 3.3.19)
ii) Accessory use
Residential Unit in a commercial building in accordance with
Subsection 4.3 c) of this by-law
Enclosed storage
One residential unit
iii) Prohibited Uses
Outdoor storage
b) Permitted Buildings and Structures
i)
Permitted buildings and
structures
Existing buildings
Commercial building
c) Regulations
i) Lot area (minimum)
465 m2;
ii) Lot frontage (minimum)
15 m
iii) Front yard (minimum)
0 m
iv) Rear Yard (minimum)
7.5 m
v) Interior Side yard
(minimum)
a)
2 m when adjacent a commercial zone;
b)
2 m plus 1 m for each floor above the first floor when adjacent a
residential zone.
vi) Exterior Side yard
(minimum)
3 m
vii) Accessory structure
regulations:
a) must be located behind the front face of the main building;
b) maximum 1 storey in height;
c) a maximum of 10% lot coverage;
d) must have sufficient clearance for emergency access to the main;
-245-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
Outside storage is only permitted within an enclosed area.
ii)
Outside, enclosed storage, if it contains combustible materials (ie Propane tanks) must be
setback 20 m from the side lot line adjacent an Education (EG) Zone and any Residential
zones or a sensitive land use defined by MOE.
iii)
Each commercial building shall be connected to full municipal services (storm water services,
potable water services, sanitary services) and electrical services as approved by The
Corporation or any other authority having jurisdiction.
iv)
A drive-through restaurant or drive-through food outlet shall not be permitted on an interior lot
when adjacent to residential land use.
v)
Accessory Residential Units:
i)
shall be located behind the commercial on the main floor or above the commercial uses;
ii) shall comprise a maximum of 75% of the total building floor area;
iii) shall have a separate entrance from the commercial business;
iv) shall have parking in compliance with Subsection5 of this By-law.
vi)
The following supplementary regulations shall also apply to lands zoned (C1):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
Subsection 8.1 e) NEIGHBOURHOOD COMMERCIAL (C1) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
-246-
Comprehensive Zoning By-law 1-2014
January 2023
8.1.1 'NEIGHBOURHOOD COMMERCIAL EXCEPTION 1 (C1-1)' (28-2016)
For lands shown as C1-1 on Map 64-1 (970 Heritage Road) Schedule "A" of this By-law.
a) Main Uses;
Bakery
Convenience Store
Day Nursery
Office
Personal Service Establishment
b) Accessory Uses;
Residential unit
Enclosed storage
c) Permitted Buildings and Structures;
Existing Buildings
Commercial building
d) Zone Provisions;
i.
Minimum front yard - 2 m for an existing building, otherwise 5 m
ii. Minimum interior side yard - as given on the date of passing
iii. Minimum exterior side yard - 4 m for an existing building, otherwise 26 m from the
center line of the Heritage Road road allowance
iv. Minimum rear yard - 7.6 m
8.1.2 'NEIGHBORHOOD COMMERCIAL EXCEPTION 2 (C1-2(h))'
(as per OMB Order PL 140547)
No person shall, within the (C1-2(h)) zone, use any lot or erect, alter or use any buildings or
structure except in accordance with the following regulations:
a) Permitted Uses
Those uses permitted under Section 8.1 (a) including the following:
i)
Convenience store;
ii) Office;
iii) Commercial School;
iv) Day Nursery;
v) Light Repair Shop (exclusive of lawn and garden equipment and scooters);
vi) Medical Office;
vii) Personal Service Shop;
viii) Professional Studio;
ix) Retail Store (exclusive or motor vehicles or heavy machinery sales and service);
x) Restaurant or Take-out Food Outlet;
xi) Veterinary clinic with indoor facilities only.
-247-
Comprehensive Zoning By-law 1-2014
January 2023
b) Permitted Buildings and Structures
Those buildings and structures associated with the permitted uses under Section 8.1.1(a)
c) Zone Provisions
Notwithstanding provisions under Section 8.1.1 the following provisions shall also apply to
lands zoned (C1-2(h)):
a) The Holding (h) provision will be removed by phase after authorization of a development
agreement by Council."
-248-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 8.2
CENTRAL COMMERCIAL (C2)
a) Permitted Uses
i)
Main use
appliance sales and
service;
art studio and art gallery;
assembly hall, convention
or conference hall;
automobile service
establishments (existing);
automotive parts and
supplies store;
automatic car wash and
detailing;
bakery and bakeshop;
boarding house and
rooming house buildings
and service
supply store;
coin-operated car wash
convenience store;
craft studio;
dental clinic;
drive-through facility
(restaurant or financial);
existing residential use;
financial institutions;
Fitness centre
funeral home and rest parlour;
gas bar and service station;
grocery store;
home supply and hardware store;
home supply specialty shop;
hotel or inn;
institutional use;
medical clinic;
municipal, provincial or federal government;
office;
personal service shop;
physio/chiropractic/naturopathic clinic;
places of amusement/entertainment/ recreation;
plumbing and plumbing supply facility;
public and municipal use;
private or public clubs and meeting hall;
restaurants and/or tavern;
retail store;
school, educational institution, trade school;
small goods repair shop;
temporary outdoor vendor;
veterinary clinic;
ii) Accessory use
Enclosed storage
Residential Unit in a commercial building in accordance
with Subsection 4.3 c) of this by-law
Outside display and sale of goods and materials
Outdoor patio accessory to a restaurant/bar
Accessory uses
b) Permitted Buildings and Structures
i) Permitted buildings and
structures:
Existing buildings;
Commercial buildings;
Mixed Use buildings containing commercial and residential
uses in accordance with Subsection 4.3 c) of this by-law.
c) Regulations
i)
New building regulations:
a) Front yard: established building line;
b) Building height: average height of adjacent buildings or
to a maximum of three storeys or 16.5 m (54 ft);
-249-
Comprehensive Zoning By-law 1-2014
January 2023
c) Exterior Side yard: established building line or 3 m
(10 ft);
d) Interior Side yard: 0 m interior side yard where
infilling between two buildings at a 0m interior side
yard; or 4.5 m when abutting an existing residential
land use;
e) Rear yard: established building line or 4.5 m (15ft)
where abutting a residential land use.
ii)
Accessory structure
regulations:
a) must be located behind the front face of the main
building;
b)
maximum 1 storey in height;
c)
a maximum of 10% lot coverage;
d) must have sufficient separation clearance for
emergency access to the main building.
d) Supplementary Regulations
i)
Outside storage is only permitted within an enclosed area.
ii) Each commercial building shall be connected to full municipal services (storm water
services, potable water services, sanitary services) and electrical services as approved by
The Corporation or any other authority having jurisdiction.
iii) A drive-through restaurant or drive-through food outlet shall not be permitted on an interior
lot when adjacent to residential land use.
iv) Accessory Residential Units:
i) shall be located behind the commercial use on the main floor or above the commercial
uses;
ii) shall comprise a maximum of 75% of the total building floor area;
iii) shall have a separate entrance from the commercial business;
v) shall have parking in compliance with Subsection 5 of this By-law.
v)
The following supplementary regulations shall also apply to lands zoned (C2):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-250-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 8.2 e) CENTRAL COMMERCIAL (C2) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
8.2.1 'GENERAL COMMERCIAL EXCEPTION 1 (C2-1)' (C1-3) GN
a) For lands shown as C2-1 on Map 6, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Subsection 8.2 a) Central Commercial (C2); or
ii) A maximum of 5 residential units within the existing building: 2 units maximum are
permitted on the main floor;
iii) One detached residence.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses under Section 8.1.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with the regulations of this (C2) By-law.
8.2.2 'GENERAL COMMERCIAL EXCEPTION 2 (C2-2)' (Gosfield North Com)
a) For lands shown as C2-2 on Map 6, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Subsection 8.2 a) Central Commercial (C2); or
ii) residential use as a secondary use.
c) Permitted Buildings and Structures
i)
Those buildings and structures for the required uses;
ii) One detached residence;
iii) one multiple converted residence.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with the regulations of this (C2) By-law;
ii) Notwithstanding the provisions of Section 8.2, the following special provisions shall apply
to lands zoned (C2-2):
a) Minimum side yard setback abutting a residential zone:3m
b) Minimum rear yard setback abutting a laneway:3m
c) Minimum exterior side yard: 6m
d) Maximum lot coverage: 40%
e) Minimum front yard setback: established building line.
-251-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 8.3
TRANSITIONAL COMMERCIAL (C3)
a) Permitted Uses
i) Main use
Bed and breakfast;
Business Office;
Commercial or trade school;
Commercial storage unit;
Convenience store;
Day Nursery;
Financial establishment;
Light repair shop;
Offices;
Personal service shop;
Retail store;
Residential;
Restaurant;
Retirement home.
ii) Accessory use
Residential Unit in a commercial building in accordance with
Subsection 4.3 c) of this by-law
Outside display and sale of goods and materials
Outdoor patio accessory to a restaurant
Accessory uses
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
Existing buildings;
Commercial buildings;
Mixed Use buildings containing commercial and residential uses;
Single detached residences;
Duplex residences;
Converted residence with a maximum 3 residential units.
c) Regulations
i)
Minimum Lot area
418 m2 (4500 ft2)
ii) Minimum Lot frontage
16 m (53 ft)
iii) Maximum Lot coverage
50%
iv) Minimum landscaped
space
30%
v) New main building
regulations
a) Front yard: established building line or 4 m minimum for the
front face of the building;
b) Building height: average height of adjacent buildings or to a
maximum of three storeys or 16.5 m;
-252-
Comprehensive Zoning By-law 1-2014
January 2023
c) Exterior Side yard: established building line or 4 m;
d) Interior Side yard: i) when abutting an existing residential land
use: 4.5 m for the first floor and an additional 1.5 m for each
additional floor; or ii) when abutting a commercial land use: 2 m
for the first floor and 1 m for each additional floor;
e) Rear yard: established building line or 6 m where abutting a
residential land use.
vi) Accessory structure
regulations
a) must be located behind the front face of the main building in
either an interior side yard or a rear yard;
b) maximum 1 storey in height;
c) a maximum of 10% lot coverage;
d) must have sufficient separation clearance for emergency
access to the main building.
d) Supplementary Regulations
i)
Outside storage is only permitted within an enclosed area.
ii)
Each commercial building shall be connected to full municipal services (storm water services,
potable water services, sanitary services) and electrical services as approved by The
Corporation or any other authority having jurisdiction.
iii) A drive-through restaurant or drive-through food outlet shall not be permitted on an interior lot
when adjacent to residential land use.
iv)
Accessory Residential Units:
i) shall be located behind the commercial use on the main floor or above the commercial uses;
ii) shall comprise a maximum of 75% of the total building floor area;
iii) shall have a separate entrance from the commercial business;
v) shall have parking in compliance with Subsection5 of this By-law.
v)
The following supplementary regulations shall also apply to lands zoned (C3):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-253-
Comprehensive Zoning By-law 1-2014
January 2023
8.3 e)
TRANSITIONAL COMMERCIAL (C3) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the
zone category, the provision(s) of this subsection apply; otherwise the other zone category
provisions and all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory
thereto shall also be permitted, subject to the provisions of the zone category and any
other provisions of this bylaw applicable to such accessory use.
8.3.1 TRANSITIONAL COMMERCIAL EXCEPTION 1 (C3-1) (88-2017)
a) For lands shown as C3-1 on Map 4, Schedule "A" of this By-law.
c) Permitted Uses
Notwithstanding any other subsection of this by-law to the contrary, the permitted use
shall be limited to a parking lot accessory to an existing restaurant use on abutting lands
zoned 'Transitional Commercial (C3) and municipally known as 366 County Road 34
West.
d) Other
For clarification purposes, a permitted parking lot shall be subject to site plan control.
-254-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 8.4
GENERAL COMMERCIAL (C4)
a) Permitted Uses
i) Main use
Assembly hall, convention centre
automobile gas stations
automobile, RV, farm/garden equipment
sales and service;
automatic car wash and automobile
detailing facility
bulk sales;
coin operated car wash;
commercial education facility;
commercial self storage;
contractor's yard;
convenience stores;
drive-through facility (restaurant, bank);
financial institutions;
fitness centre
funeral home or rest home;
garden centre and landscaping supply;
grocery stores;
home building and supply stores;
home supply specialty shop (tiles, carpeting);
hotels and motels;
laundromats;
long term care facilities;
lumber yards and building supply outlet;
micro brewery;
minor commercial centre
personal service shops;
pharmacy;
place of amusement, entertainment facilities;
private and public recreation
professional or medical offices;
retail establishments;
recreation or community centres;
restaurant, taverns, outdoor patios;
retirement homes and seniors homes;
roadside stand;
taxi office and dispatch;
trade school;
warehousing and wholesale establishments;
ii) Accessory use
Secondary Residential Units
Outside display and sale of goods and materials
Outdoor patio accessory to a restaurant/bar
Accessory uses
b) Permitted Buildings and Structures
i) Permitted
structures
buildings and
Existing buildings;
Commercial buildings;
Mixed Use buildings containing commercial and residential uses.
c) Regulations
ii) Minimum Lot area
464
2
m (5,000 ft2)
iii) Minimum Lot frontage
15 m (50 ft)
iv) Maximum Lot coverage
60%
v) Minimum
space
landscaped
15%
-255-
Comprehensive Zoning By-law 1-2014
January 2023
vi) New main building
regulations
a) Front yard: established building line or 4 m minimum for the
front face of the building;
b) Building height: average height of adjacent buildings or to a
maximum of three storeys or 16.5 m;
c) Exterior Side yard: established building line or 4 m;
d) Interior Side yard: i) when abutting an existing residential land
use: 4.5 m for the first floor and an additional 1.5 m for each
additional floor; or ii) when abutting a commercial land use: 2 m
for the first floor and 1 m for each additional floor;
e) Rear yard: established building line or 6 m; 6m where abutting
a residential land use.
vii) Accessory structure
regulations
a) must be located behind the front face of the main building in
either an interior side yard or a rear yard;
b) maximum 1 storey in height;
c) a maximum of 10% lot coverage;
d) must have sufficient separation clearance for emergency
access to the main building.
d) Supplementary Regulations
i) Outside storage is only permitted within an enclosed area.
ii) Each commercial building shall be connected to full municipal services (storm water services,
potable water services, sanitary services) and electrical services as approved by The
Corporation or any other authority having jurisdiction.
iii) A drive-through restaurant or drive-through food outlet shall not be permitted on an interior lot
when adjacent to residential land use.
iv) Accessory Residential Units:
i) shall be located behind the commercial on the main floor or above the commercial uses;
ii) shall comprise a maximum of 75% of the total building floor area;
iii) shall have a separate entrance from the commercial business;
iv) shall have parking in compliance with Subsection 5 of this By-law.
v) The following supplementary regulations shall also apply to lands zoned (C4): Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-256-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 8.4 e) GENERAL COMMERCIAL (C4) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
8.4.1 'GENERAL COMMERCIAL EXCEPTION 1 (C4-1)' (C2-5)K
a) For lands shown as C4-1 on Map 73, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Subsection 8.4 a) General Commercial (C4).
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses under Section 8.4.
d) Zone Provisions
ii) All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.4 of this By-law;
iii) Notwithstanding regulations and provisions for the (C4) zone under Subsection 8.4, the
interior side yard setback for the lands abutting the Chrysler Canada Greenway shall be
10 meters.
8.4.2 'GENERAL COMMERCIAL EXCEPTION 2 (C4-2)' (C2-4)K
a) For lands shown as C4-1 on Map 68, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Subsection 8.4 a) General Commercial (C4); or
ii) A place of worship.
c) Permitted Buildings and Structures
Those buildings and structures for the required uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.4 of this By-law.
8.4.3 'GENERAL COMMERCIAL EXCEPTION 3 (C4-3)' (C1-1) K
a) For lands shown as C4-3 on Map 66, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Subsection 8.4 a) General Commercial (C4).
c) Permitted Buildings and Structures
i) Those buildings and structures for the permitted uses.
-257-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.4 of this By-law with the exception of the following special
provisions:
i)
Minimum Lot area- 0 m2;
ii) Minimum Lot frontage - 0 m;
iii) Minimum yard Dimensions For Main buildings:
-
Front 30 m
-
Rear yard 2 m
-
Side yard 4 m
-
Exterior Side yard 6 m
iv) Maximum Building height - 1 storey to a maximum of 10 m height;
v) Maximum Required Parking 39 spaces
8.4.4 'GENERAL COMMERCIAL EXCEPTION 4 (C4-4)' (C1-3) K
a) For lands shown as C4-4 on Map 66 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Subsection 8.4 a) General Commercial (C4); or
ii) An office use in an existing single-family residence.
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with this By-law with the exception of the following special provision:
Minimum number of parking spaces - 5 spaces on site.
8.4.5 'GENERAL COMMERCIAL EXCEPTION 5 (C4-5(h))' (Remark Farms/Timbercreek)
a) For lands shown as C4-5 on Map 78, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Subsection 8.4 a) General Commercial (C4) and in
addition, the following uses;
Accessory uses;
commercial education facility;
contractor's yard;
recreation or community centres;
convenience stores;
drive-through facility (restaurant or financial institution);
financial institutions;
funeral home or rest home;
garden centre and landscaping supply;
grocery stores;
home building and supply stores;
home supply specialty shop (tiles, carpeting);
hotels and motels;
long term care facilities;
lumber yards and building supply outlet;
micro brewery ;
-258-
Comprehensive Zoning By-law 1-2014
January 2023
personal service shops;
places of amusement, entertainment or recreation;
private and public park;
private and public recreation facilities;
professional offices;
retail establishments;
retirement homes and seniors homes;
restaurant, taverns, outdoor patios;
storage rental facilities;
taxi office and dispatch;
trade school;
warehousing at 50% total floor area;
wholesale establishments.
c) Permitted Buildings and Structures
i)
Those buildings and structures for the permitted uses and in addition the following
buildings and structures;
Accessory structures for the permitted uses;
Buildings and structures for the permitted uses;
Secondary Residential unit;
Outside display and sale of goods and materials;
Outdoor patio accessory to a restaurant/bar.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.4 of this By-law;
ii) Notwithstanding regulations and provisions for the (C4) zone the following special
provisions shall apply to lands zoned (C4-5):
a) Minimum lot area - 3,000 m2;
b) Minimum lot frontage - 30 m;
c) Minimum interior side yard - 1.5 m if adjacent to a non-residential zone or 3 m for
the first storey and an additional 1.5 m for each storey above the first when adjacent
to a residential property;
d) Minimum exterior side yard - 4 m;
e) Maximum height of all main buildings and structures - 2 storeys or 10 meters.
f) Minimum rear yard setback - 4 m if adjacent to a non-residential zone or 6 m if
adjacent to a residential zone;
g) Maximum lot coverage - 60%;
h) Minimum front yard setback - 4 m minimum or the established building line if infilling
between two existing buildings.
e) Special Provisions
Notwithstanding Subsection 11.1.3 Zone Provisions, the following shall apply to lands within
the (C4-5) zone:
a) Accessory structures:
i) must be located behind the front face of the main building and shall be located in
only the interior side yard or rear yard of the main structure;
ii) maximum of 1 storey in height;
iii) is allowed to have a maximum of 10% lot coverage of the allowable 60 % maximum.
-259-
Comprehensive Zoning By-law 1-2014
January 2023
b) Parking:
Parking is to be located in the side yard, exterior side yard or rear yard;
i)
a maximum of 10 parking spaces are permitted within the County Road setback for
the commercial building.
c) Accessory uses:
Permitted accessory uses shall include the following, but are not limited to: outside
storage within a confined area; outdoor garbage within a bin; parking garages or facilities;
trails, walkways, patios. Accessory uses such as outside storage or garbage shall
typically be located to screen the public from the public.
d) Site Plan control shall apply to new commercial buildings, new mixed use buildings
or the introduction of commercial uses within an existing building.
e) Holding (h) provision will be removed:
When the site is serviced with water, sewer and storm; and Council enters into a site
plan agreement for development of the subject property.
8.4.6 'GENERAL COMMERCIAL EXCEPTION 6 (C4-6)' (64-2019)
a) For lands shown as C4-6 on Map 64 and Map 68 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 8.4 General Commercial (C4).
c) Permitted Buildings and Structures
Those buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements shall be in accordance with the following:
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.4 of this By-law;
ii) Notwithstanding regulations and provisions for the (C4) zone the following special
provisions shall apply to lands zoned (C4-6):
a) Openings (detailed in an approved site plan) on the east and south sides of a
structure within 15.24 m (50 ft) of a Residential zone shall be limited to:
i)
fixed pane windows and/or;
ii) fire exits as required by the Ontario Building Code.
iii) Notwithstanding Section 5.17 Table 5, the minimum number of parking spaces required
for this site shall be 30 spaces.
8.4.7 'GENERAL COMMERCIAL ZONE 4 EXCEPTION 7 (C4-7)' (By-law 37-2021)
a) For lands shown as C4-7 on Map 66 (45 & 49 Division St. N.) Schedule "A" of this By-law.
b) Permitted Uses
i)
Office
c) Permitted Buildings and Structures
i)
An Office
ii) Buildings and structures accessory to the main use
d) Zone Provisions
Notwithstanding any other provisions of the by-law to the contrary the following site-specific
provisions shall apply to lands zoned C4-7.
i) Maximum Permitted Height - 8.5 m
-260-
Comprehensive Zoning By-law 1-2014
January 2023
ii) Northerly Side Yard Setback- 4.5 m, minimum
Notwithstanding any other provisions of the by-law to the contrary the northerly side yard,
forward of the rear wall of the building, shall be limited to passive landscaped open space.
-261-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 8.5
WATERFRONT MIXED USE COMMERCIAL (C5)
a) Permitted Uses
i) Main use
Assembly hall, convention centre
Bed and breakfast;
Commercial or trade school;
Convenience store;
Day Nursery;
Financial establishment;
Light repair shop;
Micro brewery
Offices;
Personal service shop;
Retail store;
Residential;
Restaurant.
ii) Accessory use
An caretaker residential unit
Outside display and sale of goods and materials
Outdoor patio accessory to a restaurant
Accessory uses
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
Existing buildings;
Commercial buildings;
Mixed Use buildings containing commercial and residential
uses;
Single detached residences;
Duplex residences;
Converted residence with a maximum 3 residential units.
c) Regulations
i)
Minimum Lot area
371 m2 (4,000 ft2)
ii) Minimum Lot frontage
15 m (49 ft)
iii) Maximum Lot coverage
50%
iv) Minimum landscaped
space
30%
v) New main building
regulations
a) Front yard: established building line or 4 m (13 ft) minimum for the
front face of the building;
-262-
Comprehensive Zoning By-law 1-2014
January 2023
b) Building height: average height of adjacent buildings or to a
maximum of three storeys or 16.5 m (54 ft);
c) Exterior Side yard: established building line or 4 m (13 ft);
d) Interior Side yard: i) when abutting an existing residential land
use: 4.5 m (15 ft) for the first floor and an additional 1.5 m (5 ft)
for each additional floor; or ii) when abutting a commercial land
use: 2 m (6.5 ft) for the first floor and 1 m for each additional
floor;
e) Rear yard: established building line or 6 m (20 ft) where
abutting a residential land use.
vii) Accessory structure
regulations:
a) must be located behind the front face of the main building in
either an interior side yard or a rear yard;
b) maximum 1 storey in height;
c) a maximum of 10% lot coverage;
d) must have sufficient separation clearance for emergency
access to the main building.
d) Supplementary Regulations
i)
Outside storage is only permitted within an enclosed area.
ii) Each commercial building shall be connected to full municipal services (storm water services,
potable water services, sanitary services) and electrical services as approved by The
Corporation or any other authority having jurisdiction.
iii) A drive-through restaurant or drive-through food outlet shall not be permitted on an interior lot
when adjacent to residential land use.
iv) Accessory Residential Units:
i)
shall be located behind the commercial on the main floor or above the commercial uses;
ii)
shall comprise a maximum of 75% of the total building floor area;
iii)
shall have a separate entrance from the commercial business;
iv) shall have parking in compliance with Subsection 5 of this By-law.
v)
The following supplementary regulations shall also apply to lands zoned (C5):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
vi) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-263-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 8.5 e) WATERFRONT MIXED USE COMMERCIAL (C5) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
8.5.1
'WATERFRONT MIXED COMMERCIAL EXCEPTION 1 (C5-1)' (C5-1) K
a) For lands shown as C5-1 on Map 76, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.5.a) of this By-law;
ii) A scale house operation.
c) Permitted Buildings and Structures for the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.5 of this By-law.
8.5.2
'WATERFRONT MIXED COMMERCIAL EXCEPTION 2 (C5-2)' (C5-2) K
a) For lands shown as C5-2 on Map 76, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.5.a);
ii) A warehouse facility;
iii) A take-out restaurant may be permitted in a trailer situated on the subject lands.
c) Permitted Buildings and Structures
Those permitted under 8.5 a) as permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the warehouse shall be as they existed on the
date of passing of this By-law;
ii) The lot and building requirements for all other permitted uses shall be in accordance
with subsections 8.5 of this By-law;
iii) All other provisions that pertain to lands zoned C5 shall also apply to lands zoned
C5-2 except that the minimum front yard shall be 4.5 meters, the minimum rear yard
shall be 0 meters, the minimum interior side yard shall be 1.5 meters, the exterior
side yard shall be 3 meters and the maximum building height shall be 10 meters and
3 stories.
8.5.3
'WATERFRONT MIXED COMMERCIAL EXCEPTION 3 (C5-3)' (68-2017)
a) For lands shown as C5-3 on Map 76, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.5.a);
-264-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 8.5(b).
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall
be in accordance with Section 8.5(c) of the By-law.
e) Definitions
Notwithstanding Subsection 3.8.11 (Micro Brewery) the maximum size of a micro-
brewery shall be 650 sq. m (7,000 sq. ft.)
f) Parking and Municipal Services
Notwithstanding Subsection 5.20 (Surface Treatment) required parking spaces
excluding required accessible spaces, shall be contracted and maintained with a
compacted, graded and dust controlled gravel surface.
-265-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 8.6
RURAL COMMERCIAL (C6)
a) Permitted Uses
i) Main use
automobile gas stations
automobile repair shop;
bulk sales;
car wash and detail facility;
commercial self storage
convenience stores;
contractor's yard;
drive-through facility (restaurant or financial
institution);
farm produce outlet
funeral home;
garden centre and landscaping supply;
grocery stores;
home building and supply stores;
home supply specialty shop (tiles,
carpeting);
hotels and motels;
laundromats;
long term care facilities;
lumber yards and building supply centres;
micro brewery
personal service shops
places of amusement, entertainment
private and public recreation facilities
offices
recreation or community centres
restaurant, taverns, outdoor patios;
retail establishments;
retirement homes and seniors homes;
roadside stands
storage rental facilities;
taxi office and dispatch;
warehousing;
wholesale establishments;
ii) Accessory use
Accessory Residential Units
Outside display and sale of goods and materials
Outdoor patio accessory to a restaurant/bar
Accessory uses
b) Permitted Buildings and Structures
i) Permitted buildings and
structures
Existing buildings;
Commercial buildings;
Mixed Use buildings containing commercial and residential uses.
c) Regulations
i)
Minimum retail space
a) all retail units within the (C6) zone shall have a minimum floor
area of 2,500 ft2
ii) Minimum Lot area
557 m2 (6,000 ft2)
iii) Minimum Lot frontage
22 m (75 ft)
iv) Maximum Lot coverage
60%
-266-
Comprehensive Zoning By-law 1-2014
January 2023
v) Minimum landscaped
space
30%
vi) New main building
regulations
a) Front yard: established building line or 4 m minimum for the
front face of the building;
b) Building height: average height of adjacent buildings or to a
maximum of three storeys or 16.5 m;
c) Exterior Side yard: established building line or 4 m;
d) Interior Side yard: i) when abutting an existing residential land
use: 4.5 m for the first floor and an additional 1.5 m for each
additional floor; or ii) when abutting a commercial land use: 2
m for the first floor and 1 m for each additional floor;
e) Rear yard: established building line or 6 m ( ft) where abutting
a residential land use.
vii) Accessory structure
regulations
a) must be located behind the front face of the main building in
either an interior side yard or a rear yard;
b) maximum 1 storey in height;
c) a maximum of 10% lot coverage;
d) must have sufficient separation clearance for emergency
access to the main building.
d) Supplementary Regulations
i)
Each commercial building shall be connected to full municipal services (storm water services,
potable water services, sanitary services) and electrical services as approved by The
Corporation or any other authority having jurisdiction.
ii)
A drive-through restaurant or drive-through food outlet shall not be permitted on an interior
lot when adjacent to residential land use.
iii)
Accessory Residential Units:
i) shall be located behind the commercial on the main floor or above the commercial uses;
ii) shall comprise a maximum of 75% of the total building floor area;
iii) shall have a separate entrance from the commercial business;
iv) shall have parking in compliance with Subsection 5 of this By-law.
iv)
The following supplementary regulations shall also apply to lands zoned (C6):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
v)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-267-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 8.6 e) RURAL COMMERCIAL (C6) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
8.6.1
'RURAL COMMERCIAL EXCEPTION 1 (C6-1)' (C3-1) S
a) For lands shown as C6-1 on Map 19, Schedule "A" of this By-law.
b) Permitted Uses
The uses permitted in the (C6-1) zone shall be limited to the following:
i)
The existing service garage, office, truck parking and storage yard;
ii) Those uses permitted in subsection 8.6 a) of this By-law.
c) Permitted Buildings and Structures
All existing buildings and structures as they existed on the day of the passing of this by-
law.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.1 of this By-law.
8.6.2 - deleted by 17-2016
8.6.3
'RURAL COMMERCIAL EXCEPTION 3 (C6-3)' (C2-4) S
a) For lands shown as C6-3 on Map 58, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.6 a) of this By-law;
ii) In addition to those uses in subsection 8.6 a), an automobile body shop and
accessory uses to the automobile body shop.
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law.
8.6.4
'RURAL COMMERCIAL EXCEPTION 4 (C6-4)' (C2-7) S
a) For lands shown as C6-4 on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.6 a) of this By-law;
ii) In addition to those uses in subsection 8.6 a), a truck terminal and truck service
establishment.
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
-268-
Comprehensive Zoning By-law 1-2014
January 2023
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law.
8.6.5
'RURAL COMMERCIAL EXCEPTION 5 (C6-5)' (C2-3) S
a) For lands shown as C6-5 on Map 58, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.6 a) of this By-law;
ii) In addition to those uses in subsection 8.6 a):
-
Offices;
-
A garage for the restoration and storage of antique and classic automobiles;
-
Contractor's yard excluding the storing and operating of heavy equipment such as
bulldozers, cranes and loaders;
-
Accessory uses
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law.
8.6.6
'RURAL COMMERCIAL EXCEPTION 6 (C6-6)' (C3-1) N
a) For lands shown as C6-6 on Map 10, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.6 a) of this By-law;
ii) In addition to those uses in subsection 8.6 a):
-
Warehousing;
-
Furniture retail establishments;
-
Sales and service establishments;
-
Tradesmen shop;
-
Repair and service establishments;
-
Secondary retail and office uses;
-
Accessory retail and office uses;
-
Accessory uses
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law. Notwithstanding the provisions of
Section 8.6 (C6), the following special provisions shall apply to lands zoned (C6-6):
i)
Minimum Lot area - 1 hectare;
ii) Minimum Lot frontage - 30 m;
iii) Maximum Lot coverage - 35% (includes accessory buildings and structures);
iv) Minimum Building setback - 10 m from all Lot lines;
v) Maximum Height - 10 m;
-269-
Comprehensive Zoning By-law 1-2014
January 2023
vi) Parking Requirements - a minimum of 77 parking spaces shall be provided on
those lands zoned C6-6. All parking spaces shall have a minimum of 2.7 m width by
6 m in length.
8.6.7
'RURAL COMMERCIAL EXCEPTION 7 (C6-7)' (C2-6) S (Chartwell)
a) For lands shown as C6-7 on Map 58, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in subsection 8.6 a) of this By-law;
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law. Notwithstanding the provisions of
Section 8.6 (C6), the following special provisions shall apply to lands zoned (C6-7):
i)
Minimum Front yard Setback - 14 m;
ii) Minimum Interior Side yard - 3 m;
iii) Minimum Exterior Side yard - 10 m;
iv) Minimum Rear yard - 3 m;
e) Parking Requirements - 1 space for every 4 beds;
f) The property is subject to site plan control.
8.6.8
'RURAL COMMERCIAL EXCEPTION 8 (C6-8)' (C3-1) S
a) For lands shown as C6-8 on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted in subsection 8.6 a) of this By-law; and
ii) The existing service garage, office, truck parking and storage facilities.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 8.6 of this by-law;
ii) Buildings and structures as they existed on the day of the passing of this by-law.
d) Zone Provisions
i)
Setback requirements for the existing buildings shall be as they existing on the
date of passing of this by-law;
ii) Minimum Lot area and frontage requirements are as they existed at the date of
passing of this by-law.
e) The property is subject to site plan control.
-270-
Comprehensive Zoning By-law 1-2014
January 2023
8.6.9
'RURAL COMMERCIAL EXCEPTION 9 (C6-9)' (C3-2(h)) S
a) For lands shown as C6-9 on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in subsection 8.6 a) of this By-law;
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law. Notwithstanding the provisions of
Section 8.6 (C6), the following special provisions shall apply to lands zoned (C6-6):
i)
Minimum Lot area - 4,000 m2;
ii)
Minimum Lot frontage - 50 m;
iii)
Maximum Lot coverage - 35% (includes accessory buildings and structures);
iv) Minimum Building setback - 10 m from all Lot lines;
v)
Maximum Height of main buildings - 10.5 m;
vi) Minimum rear yard - 20 m;
vii) Rear yard landscape buffer - 10 m depth from rear lot line;
viii) Maximum Height of accessory buildings/structures - 3 m;
ix) Maximum storage size - 10 m2.
e) Special Provisions:
i)
All rear bay doors will remain closed during production or processing times;
ii) Rear yard landscaped buffer will include the provision of an assortment and
combination of fences, berms, trees, or shrubs, etc. to provide a sound barrier. The
location and amount will be approved at time of site plan approval and reflected in
the subsequent site plan agreement;
iii) Dust suppressants will be applied to all gravel areas to ensure minimization of air
borne particulates;
iv) Any outside storage will be contained within an enclosure.
8.6.10
'RURAL COMMERCIAL EXCEPTION 10 (C6-10)' (R2-3) S
a) For lands shown as C6-10 on Map 60, Schedule "A" of this By-law.
b) Permitted Uses
The permitted uses are limited to:
i)
those uses identified under Subsection 8.6;
ii) residential uses.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 8.6 of this by-law;
ii) Buildings and structures as they existed on the day of the passing of this by-law;
iii) Single residence.
d) Zone Provisions
i)
Setback requirements for the existing buildings shall be as they existing on the date
of passing of this by-law;
ii) Minimum Lot area and frontage requirements are as they existed at the date of
passing of this by-law.
-271-
Comprehensive Zoning By-law 1-2014
January 2023
8.6.11
'RURAL COMMERCIAL EXCEPTION 11 (C6-11)' (R2-6) S (deleted by 27-2017)
For lands shown as C6-11 on Map 61, Schedule "A" of this By-law.
b) Permitted Uses
i)
The permitted uses under Subsection 8.6;
ii)
Residential uses.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 8.6 of this by-law;
ii)
Buildings and structures as they existed on the day of the passing of this by-law;
iii)
Single detached residence.
d) Zone Provisions
i)
Setback requirements for the existing buildings shall be as they existing on the
date of passing of this by-law;
ii)
Minimum Lot area and frontage requirements are as they existed at the date of
passing of this by-law.
8.6.12
'RURAL COMMERCIAL EXCEPTION 12 (C6-12)' (108-2014)
a) For lands shown as C6-12 on Map 49, Schedule "A" of this By-law.
b) Permitted Uses
Automobile, RV, farm/garden equipment sales and service; Automobile rental;
Commercial self-storage;
Contractor's yard;
Garden centre and landscaping supply;
Home building and supply store;
Lumber yards and building supply outlet;
Warehousing and wholesale establishments
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 8.6 in the (C6) Zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law.
8.6.13 'RURAL COMMERCIAL (C6) EXCEPTION 13 (C6-13)'
a) For lands shown as C6-13 on Map 54 Schedule "A" of this By-law. (92-2020)
b) Permitted Uses
i)
Those uses permitted under Section 8.6 Rural Commercial (C6); or
ii) A church;
c) Permitted Buildings and Structures
i)
Buildings and structures for the permitted uses;
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Subsection 8.6 of this By-law.
-272-
Comprehensive Zoning By-law 1-2014
January 2023
8.6.14 'RURAL COMMERCIAL EXCEPTION 14 (C6-14)'
a) For lands shown as C6-14 on Map 56 on Schedule "A" of this By-law.
b) Permitted Uses
i)
Veterinary Clinic
ii) Personal Service Shop
iii) Farm Produce Outlet
c) Permitted Buildings and Structures
i) Buildings and structures for the permitted uses
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be as
existing on the date of passing of this By-law.
-273-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 9
Industrial Zone Provisions
SUBSECTION 9.1
LIGHT INDUSTRIAL (M1) ZONE
a) Permitted Uses
i) Main
use
Automobile, truck, industrial equipment, farm
equipment, landscaping equipment, construction
equipment and recreation vehicle:
i) parts distributer and supplier;
ii) repair and service facility;
iii) rental and sales facility;
Automatic Car wash and detailing facility;
Bakery;
Beverage bottling
Building Material and supply centre;
Building Material Recycling Centre
Bulk Sales and Wholesale facilities
Call Centres or telemarketing centres;
Computer wholesale and services facility;
Contractors office, shop and yard Convention
centre;
Electronic manufacturing/sales/repair shop;
Fine woodworking and artisan shop;
Food catering Service;
Food product preparation/packaging/shipping;
Furniture repair and refinishing;
Light Industrial uses;
Lighting distributer and repair shop;
Lumber yard;
General or Medical office;
Medical Marihuana subject to Section 4.46;
Machinery, Tool/Equipment Rental Facility;
Repair shop for small, electrical products;
Manufacture of musical instruments,
ceramics/jewellery/toys/cutlery/glassware and
other small metal and glass products;
Micro brewery
Packaging and distributing services;
Private club and athletic facility;
Office;
Repair and assembly of signs, billboards, and
other electronic advertising fixtures; Restaurant or
take out outlet;
Commercial Self-storage facility;
Small motor repair shop;
Storage and handling yards for goods, materials
and products delivered or to be delivered by
commercial carriers, water and/or land;
Tradesman's shop and contractor yard;
Transportation truck and bus depot;
Truck and bus depot
Vehicle gas and service station;
Veterinary clinic and/or office;
Warehouse;
Wholesale/bulk storage facility;
ii) Accessory use
Outdoor storage
Enclosed storage
iii) Secondary Uses
a.
offices;
b.
retail component;
c.
showrooms, merchandising centres and retail or wholesale outlets;
cafeterias
b) Permitted Buildings and Structures
i)
Permitted Buildings
and Structures
Industrial buildings
Accessory buildings and structures
-274-
Comprehensive Zoning By-law 1-2014
January 2023
c) Regulations
i)
Lot area (min)
1,300 m2 (14,000 ft2)
ii) Lot frontage (min)
24 m (80 ft)
iii) Open Space (min)
15% minimum
iv) Lot coverage (max)
50 % including all accessory buildings and structures
v) Front yard depth (min)
7.5 m (25 ft) or established building line
vi) Interior Side yard (min)
3.0 m (10 ft.) or 10.5 m (34.5 ft) when abutting a Residential Zone
vii) Rear yard depth (min)
7.5 m (25 ft) or 10.5 m (34.5 ft) when abutting a Residential Zone
viii) Exterior Side yard (min)
6 m (20ft.)
d) Supplementary Regulations
i)
The following supplementary regulations shall also apply to lands zoned (M1):
Subsection 3: Definitions
Subsection 4: General Provisions
Subsection 5: Parking Regulations
ii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-275-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 9.1 e) LIGHT INDUSTRIAL (M1) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
9.1.1
'LIGHT INDUSTRIAL EXCEPTION 1 (M1-1)' (C3-2 (h)) S
a) For lands shown as (M1-1) on Map 54, Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted in the (M1) zone Section 9.1 as well as those uses listed herein:
i)
Auto parts supply;
ii) Beverage bottling;
iii) Call centers or telemarketing centers;
iv) Computer wholesale and services facility;
v) Convention centre;
vi) Distribution of dairy products;
vii) Electronics manufacture and repair;
viii) Fine woodworking and craftsman shop;
ix) Furniture repair and refinishing;
x) Laundry and linen supply;
xi) Packaging and distribution services;
xii) Private club and athletic facility;
xiii) Storage and warehousing facilities;
xiv) Truck and bus depot
c) Permitted Buildings and Structures
Buildings and structures for the permitted uses.
d) Zone Provisions
Notwithstanding Subsection 9.1 c) Regulations, the following shall apply to lands within
the (M1-1) zone:
i)
Minimum lot area - 4,000 m2;
ii) Minimum lot frontage - 50 m;
iii) Minimum rear yard - 7.5 m or 20 m when abutting a Residential Zone;
iv) Rear yard landscaped buffer - 10 m depth from rear lot line;
v) Maximum height of main buildings - 10.5 m;
vi) Maximum height of storage enclosure - 3 m;
vii) Maximum storage enclosure size - 10 m².
e) Special Provisions:
i)
All rear bay doors will remain closed during production or processing times;
ii) Rear yard landscaped buffer will include the provision of an assortment and combination of
fences, berms, trees, or shrubs, etc. to provide a sound barrier. The location and amount will
be approved at time of site plan approval and reflected in the subsequent site plan
agreement;
iii) Dust suppressants will be applied to all gravel areas to ensure minimization of air borne
particulates;
iv) Any outside storage will be contained within an enclosure.
-276-
Comprehensive Zoning By-law 1-2014
January 2023
9.1.2
'LIGHT INDUSTRIAL EXCEPTION 2 (M1-2)' (M1-1) K
a) For lands shown as M1-2 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 9.1 Light Industrial (M1);
ii) Existing uses;
iii) The storage of materials used for fishing but does not include the storage of fish or fish
products.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
i)
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-2);
ii) Notwithstanding provisions of Section 9.1, on those lands zoned (M1-2) there are no lot
frontage or area requirements nor are there any yard requirements except that no part
of any building or structure shall be built closer than 1.5 m to any lot line.
9.1.3
'LIGHT INDUSTRIAL EXCEPTION 3 (M1-3)' (M1-2) K
a) For lands shown as M1-3 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 9.1 Light Industrial (M1);
ii) A professional office and accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
i)
Provisions of the (M1) Section 9.1 shall apply the lands zoned (LR-26);
ii) Notwithstanding provisions of Section 9.1, the following shall apply to lands zoned (M1-3):
i)
Minimum front yard - 7 m;
ii) Minimum rear yard - 3 m;
iii) Minimum south side yard - 1.8 m;
iv) Minimum north side yard - 3 m.
9.1.4
'LIGHT INDUSTRIAL EXCEPTION 4 (M1-4)' (M1-2) K
a) For lands shown as M1-4 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 9.1 Light Industrial (M1);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-4).
-277-
Comprehensive Zoning By-law 1-2014
January 2023
9.1.5
'LIGHT INDUSTRIAL EXCEPTION 5 (M1-5)' (M1-2) S
a) For lands shown as M1-5 on Map 49 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 9.1 Light Industrial (M1);
ii) Residential use;
iii) A caretakers residential unit.
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted in Section 9.1;
ii) One single, detached residence.
d) Zone Provisions
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-5).
9.1.6
'LIGHT INDUSTRIAL EXCEPTION 6 (M1-6)' (M1-2) N
a) For lands shown as M1-6 on Map 22 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted under Section 9.1 Light Industrial (M1);
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1;
d) Zone Provisions
Notwithstanding the provisions of the (M1) zone, Section 9.1, the minimum lot frontage of
17 m shall apply the lands zoned (M1-6).
9.1.7
'LIGHT INDUSTRIAL EXCEPTION 7 (M1-7)' (M1-2) Domric N
a) For lands shown as M1-7 on Map 18 Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 9.1 Light Industrial (M1);
ii) Wholesale sales and service outlet for petroleum equipment and supply;
iii) Processing facilities for food and animal food are specifically prohibited.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-7).
9.1.8
'LIGHT INDUSTRIAL EXCEPTION 8 (M1-8)' (M1-3) N
a) For lands shown as M1-8 on Map 18, Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 9.1 Light Industrial (M1);
ii) On site housing for not more than 30 workers in an existing building is permitted for lands
zoned (M1-8).
-278-
Comprehensive Zoning By-law 1-2014
January 2023
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-8).
9.1.9
'LIGHT INDUSTRIAL EXCEPTION 9 (M1-9)' (M1-3) Domiric N
a) For lands shown as M1-9 on Map 18 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted for lands zoned (M1-9) shall be limited to a mini storage and self
rental units facility.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.1.
d) Zone Provisions
i)
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M1-9);
ii) Notwithstanding provisions of Section 9.1, on those lands zoned (M1-9) the maximum
building height shall be 12 feet; the minimum setback from the north property line shall be
8 ft; and there shall be no doors or entrances on the side of the building facing the north
property line.
9.1.10 'LIGHT INDUSTRIAL EXCEPTION 10 (M1-10)' (Agris Co-op) (94-2014)
a) For lands shown as M1-10 on Map 15 Schedule "A" of this By-law.
b) Permitted Uses
Bulk Sales and Wholesale facilities - excluding the sale and/or storage of oil, gas, propane or
natural gas;
Call centers or telemarketing centers;
Computer wholesale and service facility;
Contractors' office, shop and yard;
Food catering service;
Light distributor and repair shop;
Machine, tool or equipment rental facility;
Repair shop for small electrical products;
Micro brewery;
Packing and distributing services;
Repair and assembly of signs, billboards, and other electronic advertising fixtures;
Commercial self-storage;
Wholesale bulk storage facility;
Maintenance and repair accessory to a permitted use;
Those uses permitted under Section 8.2 Central Commercial Zone 2 (C2).
c) Permitted Buildings and Structures
i)
Those buildings and structures permitted under Section 9.1 in the (M1) Zone;
ii) Buildings and structures accessory to the permitted uses.
d) Zone Provisions
i)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 9.1.
-279-
Comprehensive Zoning By-law 1-2014
January 2023
9.1.11 'LIGHT INDUSTRIAL EXCEPTION 11 (M1-11)'
a) For lands shown as M1-11 on Map 5 Schedule "A" of this By-law.
b) Permitted Uses
A cabinet manufacturer and accessory uses, including an office accessory to the foregoing
permitted uses. Notwithstanding the foregoing the existing easterly building may be used for
storage purposes only. Outside storage shall be limited to an area not exceeding 54 sq. m
located to the rear of the westerly most building.
c) Permitted Buildings and Structures
Buildings and structures as included in the site plan agreement made the 11th day of November,
2020, and detailed on Schedule 'A-2020' of said agreement.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with Section 9.1.
-280-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 9.2
MEDIUM INDUSTRIAL (M2) ZONE
a) Permitted Uses
i) Main use
All the uses identified in the (M1) zone and
in addition, the following:
Ambulance station;
Automobile body repair shop
Automobile Repair Establishment
Commercial printer, engraver, stereotyping,
publishing, photographic studio;
Dairy or soft drink distributer;
Concrete casting and statue manufacturing;
Furniture manufacturing;
Dry cleaning facility;
Medium Industrial uses;
Laboratory and RD facility;
Laundry, linen and uniform supply and
cleaning facility;
Machinery, Tool/Equipment Repair shop;
Manufacture and/or repair of scientific or
precision tools, instruments and equipment
Manufacture of goods from textiles/fur/
glass/leather/plastics/wood/yarns/and
tobacco;
Micro brewery ;
Manufacture facility making tools, dies,
moulds, patterns, jigs and fixtures;
Manufacture facility making cosmetics,
pharmaceutical products and toiletries;
Manufacture facility for:
i) electronic parts;
ii) computer components;
iii) technical instruments;
Manufacture and assembly of small motors;
Meat packing and distributing facility;
Manufacture of greenhouse components;
Powder coat or protective coating
application facility;
Plastic injection moulding shop;
Towing Service;
Welding shop for the manufacturing of
metal products;
ii) Accessory use
Enclosed storage
Outdoor storage
iii) Secondary Uses
offices;
retail component;
showrooms, merchandising centres and retail or wholesale outlet; cafeterias
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
Industrial buildings
Accessory buildings and structures
c) Regulations
i)
Lot area (min)
1,400m2 (15,069ft2)
ii) Lot frontage (min)
30 m (100ft.)
iii) Open Space (min)
15% minimum
-281-
Comprehensive Zoning By-law 1-2014
January 2023
iv) Lot coverage (max)
50 % including all accessory buildings and structures
v) Front yard depth (min)
7.5 m (25 ft) or established building line
vi) Interior Side yard (min)
3.0 m (10 ft.) or 15 m (50 ft.) when abutting a Residential Zone
vii) Rear yard depth (min)
4.5 m (25 ft) or 15 m (50 ft) when abutting a Residential Zone
viii) Exterior Side yard (min)
6 m (20 ft.)
d) Supplementary Regulations
i)
The following supplementary regulations shall also apply to lands zoned (M2):
Subsection 3: Definitions
Subsection 4: General Provisions
Subsection 5: Parking Regulations
ii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands situated
within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
Subsection 9.2 e) GENERAL INDUSTRIAL (M2) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
9.2.1
'GENERAL INDUSTRIAL EXCEPTION 1 (M2-1)'
9.2.2
'GENERAL INDUSTRIAL EXCEPTION 2 (M2-2)' (M1- 1) S
a) For lands shown as M2-2 on Map 44 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted for lands zoned (M2-2) shall be limited to a transfer station for the
storage, crushing and recycling of asphalt, concrete, brick and tile, an asphalt plant and
accessory uses.
c) Permitted Buildings and Structures
Those buildings and structures permitted in Section 9.2.
d) Zone Provisions
Provisions of the (M1) Section 9.1 shall apply the lands zoned (M2-2).
-282-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 9.3
HEAVY INDUSTRIAL (M3) ZONE
a) Permitted Uses
i) Main use
All the uses identified in the (M1) and (M2) zone;
Building and construction material recycling facility;
Asphalt and Concrete batching plant;
Fertilizer dealerships, warehousing and processing facility;
Grain warehousing and processing facility;
General Salvage Operation;
Heavy Industrial uses;
Materials transfer facility;
Motor Vehicle Salvage Operation
Petroleum resource operations.
ii) Accessory use
Outside storage
Enclosed storage
iii) Secondary Uses
offices;
retail component;
showrooms, merchandising centres and retail or wholesale outlets; cafeterias;
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
Industrial buildings
Accessory structures and buildings
c) Regulations
i)
Lot area (min)
1,400m2 (15,069 ft2)
ii) Lot frontage (min)
30 m (100ft.)
iii) Open Space (min)
15% minimum
iv) Lot coverage (max)
50 % including all accessory buildings and structures
v) Front yard depth (min)
7.5 m (25 ft) or established building line
vi Interior Side yard (min)
3 m (10 ft.) or 15m (50 ft) when abutting a Residential Zone
vii) Rear yard depth (min)
4.5 m (25 ft) or 15 m (50 ft) when abutting a Residential Zone
viii) Exterior Side yard (min)
6 m (20 ft.)
-283-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplementary Regulations
i)
The following supplementary regulations shall also apply to lands zoned (M3):
Subsection 3: Definitions
Subsection 4: General Provisions
Subsection 5: Parking Regulations
ii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
Subsection 9.3 e) HEAVY INDUSTRIAL (M3) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
9.3.1 'HEAVY INDUSTRIAL ZONE 3 EXCEPTION 1 (M3-1)' (120-2017)
a) For lands shown as M3-1 on Map 54 Schedule "A" of this By-law.
b) Permitted Uses
All uses identified in the (M1), M2 and (M3) zone;
A waste transfer station
c) Permitted Buildings and Structures
Industrial buildings
Accessory structures and buildings
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
accordance with 9.3 (c).
Notwithstanding Section 9.3 (c) the easterly side yard setback shall be 15 m minimum and the
permitted use shall be limited to a passive green space buffer and may include berming,
landscaping and/or fencing abutting the existing agricultural use to the east.
-284-
Comprehensive Zoning By-law 1-2014
January 2023
e) Other Requirements
i)
Permitted Uses, Buildings and Structures for lands zoned 'Heavy Industrial Zone 3
Exception 1, holding, (M3-1(h)' shall not include a waste transfer station.
ii) For lands zoned 'Heavy Industrial Zone 3 Exception 1, holding, (M3-1(h)' the zoning
may be amended under Section 36 of the Planning Act to '(M3-1)' once:
a. An Environmental Clearance Approval is issued by MOECC and a site plan and
associated site plan agreement are prepared, specific to the waste transfer
station use, to the satisfaction of the Town.
-285-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 9.4
EXTRACTIVE INDUSTRIAL (M4) ZONE
a) Permitted Uses
i) Main use
Pits and quarries for the purpose of extracting natural materials
from the earth including soil, sand, ground, stone, rock, shale,
minerals and other similar materials;
The processing of natural materials extracted from the subject
site including screening, sorting, washing, crushing, storing and
other similar operations allied to an extractive industrial
operation;
ii) Accessory use
Accessory uses
iii) Secondary Uses
offices;
retail component;
showrooms, merchandising centres and retail or wholesale
outlets; cafeterias
iv) Prohibited Uses
Residential uses
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
Industrial buildings and structures
Accessory buildings and structures
c) Regulations
i)
Lot area (min)
N/A
ii) Lot frontage (min)
N/A
iii) Front yard depth (min)
30 m or as required by the Pit Licence issued by the Ministry
of Natural Resources & Forestry under the Aggregate
Resources Act as amended.
iv) Interior Side yard (min)
30 m or as required by the Pit Licence issued by the Ministry
of Natural Resources & Forestry under the Aggregate
Resources Act as amended.
v) Exterior Side yard (min)
30 m
d) Supplementary Regulations
i)
The following supplementary regulations shall also apply to lands zoned (M4):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii)
The following Subsections shall apply in whole or in part to lands situated within the
following restricted areas shown on the Zone Maps:
Natural Environment Zone - Subsection 11.1;
Wetland Zone - Subsection 11.2
-286-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 9.4 e) EXTRACTIVE INDUSTRIAL (M4) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
9.4.1
'EXTRACTIVE INDUSTRIAL EXCEPTION 1 (M4-1)' (M2-2) S
a) For lands shown as M4-1 on Map 44 Schedule "A" of this By-law.
b) Permitted Uses
The uses permitted in Section 9.4 a) i) Agricultural uses subject to Section 7.1
Buildings and structures accessory to the permitted uses
c) Permitted Buildings and Structures
Existing buildings and structures, as well as buildings and structures for the permitted
uses.
d) Zone Provisions
All lot and building requirements shall be in accordance with Section 9.4
Notwithstanding Section 9.4 no buildings or structures used for the processing of
natural materials from the earth including soil, sand, gravel, stone or rock or for the
processing of chemical materials shall be located within 100 metres of any lot line or
within 100 metres of any dwelling. No pit excavation shall be established or extended
within 15 metres of a lot line, Zone boundary or street allowance or to within 60 metres
of a dwelling.
e) Other Provisions
Development of the property for the continuation of the exiting Parks & Open Space
Uses shall be subject to site plan control.
-287-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 10
GREEN ZONE PROVISIONS
SUBSECTION 10.1
PARKLAND (PG)
a) Permitted Uses
i)
Main use
Public Park
Greenway
ii) Accessory use
Uses accessory to the main use
b) Permitted Buildings and Structures
i) Permitted Buildings and Structures
Pavilion
Play structures
Accessory structures
c) Regulations
i) Lot coverage (max)
30%
ii) Main building height (max)
15 m
iii) Accessory structure height (max)
7.0 m
d) Supplementary Regulations
i) The following supplementary regulations shall also apply to lands zoned (PG):
Subsection 3: Definitions
Subsection 4: General Provisions
Subsection 5: Parking Regulations
ii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-288-
Comprehensive Zoning By-law 1-2014
January 2023
Subsection 10.1 e) PARKLAND (PG) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall also
be permitted, subject to the provisions of the zone category and any other provisions of this by-law
applicable to such accessory use.
10.1.1
'PARKLAND EXCEPTION 1 (PG-1)' (PG-1) K
a) For lands shown as PG-1 on Map 76 Schedule "A" of this By-law.
b) Permitted Uses
Those uses permitted for lands zoned (PG);
A public or private marina ;
Sports playing fields;
Conservation areas;
Private and public clubs
Recreation or community clubs;
Uses accessory to the permitted uses
c) Permitted Buildings and Structures
Those buildings and structures required for the permitted uses in Section 10.1.1(a).
d) Zone Provisions
All lot and building requirements for the permitted uses shall be in accordance with
Section 10.1.
-289-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 10.2
RECREATIONAL (RG)
a) Permitted Uses
i)
Main use
Arena
Curling Club
Golf course
Greenway
Private or Public Marina
Public outdoor market
Private or Public Club
Private or Public Park
ii) Accessory use
Accessory use to the main use
A caretakers residential unit
Retail component
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
Buildings and structures for the main use
Accessory structures
c) Regulations
i)
Lot area (min)
2,000 m2 (21,530 ft2)
ii) Lot frontage (min)
15 m (50 ft)
iii) Interior Side yard (min)
The greater of 50% of the building height when adjacent to a zone that
permits a residence or a minimum of 3 m (10 ft) from an interior side
yard adjacent to a zone that does not permit a residence.
iv) Front yard Setback (min)
7.5 m (24.5 ft) or established building line
v) Exterior Side yard (min)
4.5 m (15 ft)
vi) Rear yard
(min)
The greater of 50% of the building height when adjacent to a zone that
permits a residence or a minimum of 15 m from rear yard adjacent to a
zone that does not permit a residence.
vii) Lot coverage (max)
30% including all accessory buildings and structures
viii) Main building height (max)
15 m (50 ft)
ix) Accessory structure height
(max)
7.5 m (24.5 ft)
-290-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplemental Regulations
i)
The following supplementary regulations shall also apply to lands zoned (RG):
Subsection 3: Definitions
Subsection 4: General Provisions
Subsection 5: Parking Regulations
ii)
Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
Subsection 10.2 e) RECREATIONAL (RG) EXCEPTIONS
Where there is a conflict between the provisions of this subsection and the provisions of the zone
category, the provision(s) of this subsection apply; otherwise the other zone category provisions and
all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto shall
also be permitted, subject to the provisions of the zone category and any other provisions of this by-
law applicable to such accessory use.
10.2.1 'RECREATIONAL (RG-1)' (R4-7) S
a) For lands shown as RG-1 Map 64-1 on Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 10.2 Recreational (RG);
ii) A marina and accessory uses
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
compliance with Section 10.2.
10.2.2 'RECREATIONAL (RG-2)' (R4-8) S
a) For lands shown as RG-2 Map 64-1 on Schedule "A" of this By-law.
b) Permitted Uses
i)
Those uses permitted under Section 10.2 Recreational (RG);
ii) A marina;
iii) A self-storage rental facility;
iv) Warehousing facility;
v) And accessory uses
c) Permitted Buildings and Structures
Those buildings and structures existing at the date of passing of this by-law.
d) Zone Provisions
All lot and building requirements for the permitted buildings and structures shall be in
compliance with Section 10.2.
-291-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 10.3
CEMETERIES (CG)
a) Permitted Uses
i)
Main use
Cemetery
Memorial garden
ii) Accessory use
Accessory uses to the main use
Office
Retail component
b) Permitted Buildings and Structures
i) Permitted Buildings and Structures
Chapel
Crematorium(s)
Mausoleum(s)
Accessory structures
c) Regulations
i)
Lot area (min)
2,000 m2 (21,530 ft2)
ii) Lot frontage
(min)
15 m (50 ft)
iii) Interior Side yard (min)
The greater of 50% of the building height when
adjacent to a zone that permits a residence or a
minimum of 3 m from an interior side yard adjacent
to a zone that does not permit a residence.
iv) Front Yard Setback (min)
7.5 m or established building line
v) Exterior Side yard
(min)
4.5 m (15 ft)
vi) Rear Yard (min)
15 m (49 ft)
vii) Lot coverage (max)
30% including all accessory buildings and structures
viii) Main building height (max)
15 m (49 ft)
ix) Accessory structure height (max)
7.5 m (24.5 ft)
d) Supplemental Regulations
-292-
Comprehensive Zoning By-law 1-2014
January 2023
i)
The following supplementary
regulations shall also apply to lands
zoned (CG):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii) Subsection 4.15 Floodplain Development Control
Area shall apply in whole or in part to lands
situated within the following restricted areas
shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-293-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 10.4
PUBLIC UTILITIES/FACILITIES (MG)
a) Permitted Uses
i) Main use
Municipal services facility
Storm Water Management Facility
Sewage Treatment
Waste disposal site
Water facility
Wind farms
ii) Accessory use
Uses accessory to the main use
b) Permitted Buildings and Structures
i)
Permitted
Buildings and
Structures
Municipal facility
Building and structures accessory to the main use
c) Supplemental Regulations
i)
The following supplementary regulations shall also apply to lands zoned (MG):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii)
Future municipal service facilities, waste disposal sites, sewage treatment facilities, water
facilities, or other municipal facility will require consideration under the provincial
Environmental Assessment process and will dictate lot regulations applicable to the facility.
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
-294-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 10.5
CAMPGROUND/TRAILER PARK (TG)
a) Permitted Uses
i) Main use
Facilities used exclusively for seasonal accommodation,
comprising: a lawfully existing campground;
a lawfully existing mobile home park (trailer park);
lawfully existing tourist cabins
ii) Accessory use
Accessory uses to the main use
b) Permitted Buildings and Structures
i) Permitted Buildings/Structures
Accessory buildings and structures
c) Regulations
i) Lot area (min)
As existing at the date of passing of this By-law
ii) Lot frontage (min)
As existing at the date of passing of this By-law
iii) Interior Side Yard (min)
3 m (10 ft)
iv) Front Yard Setback (min)
15 m (49 ft) or established building line
v) Exterior Side Yard (min)
4.5 m (15 ft)
vi) Rear Yard (min)
15 m (49 ft)
vii) Lot coverage (max)
30% including all accessory buildings and structures
viii) Main building height (max)
15 m (49 ft)
ix) Accessory structure height (max)
7.5 m (24.5 ft)
d) Supplemental Regulations
i) The following supplementary regulations shall also apply to lands zoned (TG):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1. Natural Environment Zone - Subsection 11.1;
2. Wetland Zone - Subsection 11.2,&
3. ERCA Floodplain Development Control Area
-295-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 10.6
EDUCATION (EG)
a) Permitted Uses
i) Main use
School - Elementary or Secondary
Church/Chapel/religious institution/place of worship
College
High School
Museum
School, Commercial
Specialized training facility
University
ii) Accessory use
Accessory uses to the main use
Outdoor storage
Office
Retail component
b) Permitted Buildings and Structures
i) Permitted Buildings and
Structures
Museum
Chapel
Crematorium(s)
Mausoleum(s)
Accessory structures
c) Regulations
i) Lot area
(min)
2,000 m2 (21,530 ft2)
ii) Lot frontage (min)
15 m (50 ft)
iii) Interior Side Yard (min)
The greater of 50% of the building height when adjacent to a
zone that permits a residence or a minimum of 3 m from an
interior side yard adjacent to a zone that does not permit a
residence.
iv) Front Yard Setback (min)
7.5 m or established building line
v) Exterior Side Yard
(min)
4.5 m (15 ft)
vi) Rear Yard (min)
7.5 m
vii) Lot coverage (max)
30% including all accessory buildings and structures
viii) Main building height (max)
15 m
ix) Accessory structure height (max)
7.5 m
-296-
Comprehensive Zoning By-law 1-2014
January 2023
d) Supplemental Regulations
i)
Notwithstanding Subsection 4.2 of this By-law, new accessory buildings and monuments used for
purposes related to a museum are permitted within 1 m of the exterior side-yard abutting the
Chrysler Canada Greenway Right-of-way, and, permitted within 3 m of any interior lot line
abutting a residential Zone.
ii) The following supplementary regulations shall also apply to lands zoned (EG):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
iii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to lands
situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
10.6 e) EDUCATION (EG) EXCEPTION REGULATIONS
Where there is a conflict between the provisions of this subsection and the provisions of the
zone category, the provision(s) of this subsection apply; otherwise the other zone category
provisions and all other related supplementary provisions of this by-law apply.
Where an additional main use is permitted under this subsection, any use accessory thereto
shall also be permitted, subject to the provisions of the zone category and any other
provisions of this bylaw applicable to such accessory use.
10.6.1 EDUCATION EXCEPTION 1 (EG-1) (126-2017) (New School Site)
For lands shown as EG-1 on Map 67, Schedule "A" of this By-law.
Notwithstanding any other provisions of the by-law to the contrary the
following shall apply to lands zoned EG-1:
i) minimum side yard abutting an existing R1.1 zone shall be 7.5 m.
10.6.2 EDUCATION EXCEPTION 2 (EG-2) (455 Cty. Rd 34 W)
-297-
Comprehensive Zoning By-law 1-2014
January 2023
SECTION 11
ENVIRONMENT PROVISIONS
SUBSECTION 11.1
NATURAL ENVIRONMENT (NE)
a) Permitted Uses
i) Main use
Natural Environment Area
Agricultural operations
ii) Accessory use
Accessory uses to the main use
b) Permitted Buildings and Structures
i) Permitted Buildings
& Structures
Buildings and structures for the protection of the natural environment
Accessory buildings and structures
c) Regulations
i) Lot area (min)
As existing at the date of passing of this Comprehensive Zoning By-law
ii) Lot frontage (min)
As existing at the date of passing of this Comprehensive Zoning By-law
d) Supplemental Regulations
i) The following supplementary regulations shall also apply to lands zoned (NE):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
iii) Floodplain mapping has been received by Essex Region Conservation Authority (ERCA) in
February, 2014. This mapping will remain current and be updated regularly.
-298-
Comprehensive Zoning By-law 1-2014
January 2023
SUBSECTION 11.2
WETLAND (WE)
a) Permitted Uses
i) Main use
Wetland
Agricultural Operations
ii) Accessory use
Accessory uses to the main use
b) Permitted Buildings and Structures
i) Permitted Buildings
& Structures
Buildings and structures for the protection of the natural environment
Accessory buildings and structures
c) Regulations
i) Lot area (min)
As existing at the date of passing of this Comprehensive Zoning By-law
ii) Lot frontage (min)
As existing at the date of passing of this Comprehensive Zoning By-law
d) Supplemental Regulations
i) The following supplementary regulations shall also apply to lands zoned (WE):
Subsection 3:
Definitions
Subsection 4:
General Provisions
Subsection 5:
Parking Regulations
ii) Subsection 4.15 Floodplain Development Control Area shall apply in whole or in part to
lands situated within the following restricted areas shown on Schedule "A":
1.
Natural Environment Zone - Subsection 11.1;
2.
Wetland Zone - Subsection 11.2,&
3.
ERCA Floodplain Development Control Area
Subsection 11.3- deleted by 17-2016