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Township of La Vallee
Zoning By-law
Draft
May 2026
Table of Contents
1
How to Use this By-law ................................................................... 1
2
Administration.................................................................................. 2
3
Conformity Requirements ............................................................... 8
4
Definitions ...................................................................................... 12
5
General Provisions ........................................................................ 41
6
Specific Use Provisions ................................................................ 53
7
Parking and Vehicle Provisions ................................................... 61
8
Establishment of Zones ................................................................66
9
Zones .............................................................................................. 67
Zoning By-law
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1 How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to identify the zone symbol
that applies to the property in question.
Step 2 - Determine What Uses are Permitted in the Zone
Refer to the Permitted Uses section of the applicable Zone to determine what uses are
permitted. If the desired use is included on the list, it is permitted in the Zone. If a use is not
included on the list, it is not permitted in that Zone.
Step 3 - Determine What Zone Regulations Apply
Each zone contains performance standards that regulate the form of lots and buildings.
These standards are requirements that must be achieved to obtain approval from the
municipality.
Step 4 - Determine if any General Provisions Apply
The Zoning By-law contains provisions that apply in all circumstances, or to particular
development types. Review the entire document to ensure all applicable provisions have
been addressed.
Step 5 - Clarify the Meaning of a Use
Many terms in this Zoning By-law are defined in the Definitions section. If necessary, consult
this section for clarification on the precise meaning of terms used in the provisions. Any term
not included in the Definitions section is understood to have its common and ordinary
meaning.
Official Plan
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2 Administration
2.1
Title
1.
This By-law shall be known as the Zoning By-law or By-law No. ______ of the
Township of La Vallee and shall consist of the text and schedules attached hereto.
2.
This by-law may be cited by its long title, its short title, or by its by-law number,
and any such citation is to be taken as meaning the by-law, as amended.
2.2
Defined Area
1.
The provisions of this By-law shall apply to all lands within the municipal
boundaries of the Township of La Vallee.
2.3
Scope
1.
No lands shall be used and no buildings or structures shall be erected, altered,
enlarged or used within the Township of La Vallee except in compliance with the
provisions of this By-law.
2.4
Enforcement
1.
This By-law shall be administered by the Clerk or such other persons as may from
time to time be designated by Council, and no permit for the use of land or for the
erection or use of any building or structure or approval of application for any
municipal license within the jurisdiction of the Council shall be issued or given
where the proposed building, structure or use would be in violation of any
provision of this By-law.
2.5
Violations and Penalties
1.
Every person who uses any lot, or erects or uses any building or structure or any
part of any lot, building or structure in a manner contrary to any requirement of
this By-law, or who causes or permits such use or erection, or who contravenes
any provision of this By-law or causes or permits a contravention, shall be guilty of
an offence and upon conviction shall be liable:
a.
On a first conviction to a fine of not more than $25,000; and
b.
On a subsequent conviction to a fine or not more than $10,000 from each
day or part thereof upon which the contravention has continued after the
day on which the conviction was first made.
2.
Where a corporation is convicted under this Section, the maximum penalty that
may be imposed is:
a.
On a first conviction, a fine of not more than $50,000; and
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b.
On a subsequent conviction, a fine of not more than $25,000 for each day or
part thereof upon which the contravention has continued after the day on
which the corporation was first convicted.
3.
Every such penalty established in this section shall be recoverable under Section
67 of the Planning Act, R.S.O. 1990, c. P.13 and/or the Provincial Offences Act,
and/or any other applicable legislation.
2.6
Validity
1.
A decision of a Court stating that one or more of the provisions of this By-law are
invalid in whole or in part does not affect the validity, effectiveness, or
enforceability of the other provisions or parts of the provisions of this By-law.
2.7
Other By-laws, Licenses, Permits and Regulations
1.
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the area affected by this By-law,
or from applying for and obtaining any permit, license, permission, authority or
approval required by this or any other By-law or regulation of the Township of La
Vallee or by any other provincial or federal law in force from time to time.
2.8
Reference to Legislation
1.
Where this Zoning By-law makes reference to legislation, then the references shall
be deemed to mean the statute currently in force and any amendments thereto
and all applicable regulations thereunder.
2.9
Conflict
1.
In the event of a conflict between this By-law and amendments thereto, and any
general or special By-law, the more restrictive By-law shall prevail.
2.10 Effective Date
1.
This By-law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act, R.S.O. 1990, c. P.13.
2.11 Metric and Imperial Terms
1.
Where imperial measurements are included in this By-law, they are provided for
convenience and do not form part of the By-law. The metric measurements
contained in this By-law are the only measurements to be used in determining
compliance with the By-law.
2.
The abbreviations "m" and "m2" are used in this By-law text and mean
"metres" and "square metres," respectively.
Official Plan
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2.12 Zone Classification
1.
For the purposes of this By-law, the Township of La Vallee is divided into the
following zones, as named and described in the following sections. The boundaries
of each zone are shown on the attached Schedules, which are attached to and
form part of this By-law.
Table 2.12-A: Zones
Name of Zone
Zone Symbol
Rural Zone
RU
Agriculture Zone
AG
Village Zone
V
Mobile Home Park Zone
MHP
Industrial Zone
M1
Aggregate Industrial Zone
MX
Waste Disposal Site Zone
WD
Open Space Zone
OS
Conservation and Environmental Protection Zone
CEP
2.13 Holding Zone "h" Designation
1.
Any zone classification may be placed in a Holding Zone by adding to the zone
symbol the letter "-h." No development is permitted on lands where the "-h"
symbol appears until the applicable conditions specified in this by-law have been
met and the "-h" is lifted by an amendment to this By-law under Section 36 of the
Planning Act.
2.14 Exceptions, Suffixes, Schedules or Overlays
2.14.1 General
1.
Where an exception, suffix, schedule or overlay applies, the provisions imposed by
that exception, suffix, schedule or overlay prevail over any other provision in this
By-law.
2.14.2 Exception Zones
1.
A zone symbol followed by the suffix "-X" shall correspond to a numbered site-
specific exception zone listed in this by-law under the applicable zone.
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2.
An Exception Zone may:
a.
Allow a use that would not be otherwise permitted;
b.
Prohibit a use that would otherwise be permitted; and/or
c.
Make modifications to the regulations applicable to the property subject to
the Exception Zone.
2.15 Temporary Use By-laws
1.
Temporary use by-laws enacted by the Township under Section 39 of the Planning
Act, R.S.O. 1990, C.P. 13 are shown on the zoning schedules of this By-law as
exceptions and details concerning the temporary use are included in the exception
text within the applicable zoning category.
2.16 Interpretation of Zone Boundaries
1.
When determining the boundary of any zone as shown on any Schedule forming
part of this By-law, the following provisions shall apply:
a.
A boundary indicated as following a highway, street, private road or lane
shall follow the centre line of such highway, street, private road or lane.
b.
A boundary indicated as following a waterbody or the right-of-way of a
railway or an electrical, gas or oil transmission line shall follow the centre line
of such waterbody or right-of-way.
c.
A boundary indicated as following the high-water mark shall follow such
high-water mark, and in the event of a change in the high-water mark, the
boundary shall be construed as moving with the actual high-water mark.
d.
A boundary indicated as approximately following lot lines shown on a
Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall
follow such lot lines.
e.
Where a boundary is indicated as approximately parallel to a street line or
other feature, indicated in clause (a), (b), or (c) above, and the distance from
such street line or other feature is not indicated, and clause (d) above is not
applicable, such boundary shall be construed as being parallel to such street
line or other feature, and the distance shall be determined according to the
scale shown on the appropriate Schedule.
f.
A boundary indicated as following the limits of the Township of La Vallee
shall follow such limits.
g.
In the event a dedicated street, lane or right-of-way shown on any Schedule
forming part of this By-law is closed, the property formerly in such street,
lane or right-of-way shall be included within the zone of the adjoining
property on either side of such closed street, lane or right-of-way.
Official Plan
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h.
Pursuant to clause (g), if a closed street, lane or right-of-way is the boundary
between two or more different zones the new zone boundaries shall be the
former centre line of the closed street, lane or right-of-way.
i.
Wherever it occurs, the limit of the Township of La Vallee is the boundary of
the zone adjacent to it.
j.
Where any zone boundary or a dimension is left uncertain after the
application of the above provisions, then the boundary or dimension shall be
determined from the zoning schedule using the scale bar thereon.
2.17 Minimum Requirements
1.
The provisions of this By-law are held to be the minimum requirements for the
promotion of the health, safety, comfort, convenience, and general welfare of the
inhabitants of the Township of La Vallee.
2.18 Cumulative Standards
1.
Notwithstanding anything contained in this By-law, where any land, building or
structure is used for more than one purpose, all provisions of this By-law relating
to each use shall be complied with.
2.19 Definitions
1.
The definitions established in Section 4 of this By-law shall apply to the terms used
in this By-law. Where a term is not defined, its common usage shall apply.
2.20 Meaning of Use
1.
Unless contrary to the intent of the provision, the terms "use" or "to use" in this By-
law include anything done or permitted by the owner or occupant of any land or
buildings, directly or indirectly or by or through any trustee, tenant, servant, or
agent, acting for, or with, the knowledge or consent of such owner or occupant,
for the purpose of making use of the said land or building.
2.21 Meaning of Shall
1.
In this By-law, the word "shall" shall always be interpreted as mandatory.
2.22 Number
1.
In this By-law, unless the contrary intention is indicated, words used in the singular
shall include the plural.
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2.23 Tenses
1.
Despite the tense used in a provision:
a.
Every provision of this by-law is to be applied in the circumstances as they
exist at the time in question; and
b.
Every obligation imposed by this by-law is a continuing one so long as either
the use, the circumstances, the reason for the obligation, or the events which
caused, precipitated or gave rise to the obligation continue.
2.24 Editorial References
1.
Appendices, footnotes, headings, indices, marginal notes, tables of contents,
illustrations, references to former enactments or enabling legislation do not form
part of this By-law and are editorially inserted for convenience of reference only.
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3 Conformity Requirements
3.1
Compliance
1.
No land, building or structure shall be used and no building or structure shall be
erected or enlarged, altered or placed for any purpose within the area defined by
this By-law, except as specifically, or by necessary implication, authorized by this
By-law and in conformity with all the applicable provisions of this By-law.
3.2
Compliance of Severances
1.
Subject to the granting of such minor variances as may be approved, no lands shall
be severed from any existing lot if the effect of an approval for severance is to
cause the original, adjoining, remaining or new building, structure, lot or use of
land to be in contravention of any provision of this By-law.
3.3
Application to Building
1.
Where a use does not take place within a building, but a regulation in this By-law
imposes a requirement premised on the use being in a building, the requirement
applies, with necessary modifications, as though the actual area occupied by the
use was in a building.
3.4
Remedial Nature
1.
This By-law is remedial in nature and shall be interpreted in a benevolent manner
and read and applied in a way that will ensure the effective implementation of its
provisions and intent.
2.
Without limiting the generality of provision (1), where a situation arises that is not
covered by a specific regulation, or where two or more regulations are equally
applicable, all provisions must be complied with or, where it is not possible to
comply with all of the applicable provisions, development must comply with the
most restrictive provisions.
3.5
Non-Conforming Uses
3.5.1
Continuance of Existing Uses
1.
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law, provided it continues to be used for that purpose.
2.
A non-conforming use of any land, building or structure shall not be changed or
enlarged except to a use which is in conformity with the provisions of the zone in
which the land, building or structure is located, or upon obtaining permission from
Council pursuant to the Planning Act, R.S.O. 1990 c. P.13.
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3.
Where any lot existing on the date of the passing of this By-Law is rendered non-
complying due to expropriation or dedication for public use:
a.
The lot shall be deemed to conform with this By-Law with respect to those
provisions made non-complying by metric conversion, expropriation or
dedication for public use; and
b.
The non-complying provisions shall not prevent the use of such lot, or the
erection, alteration or use of a permanent building or structure thereupon,
provided that:
i.
The use of land remains the same, in accordance with all other
provisions of this By-Law; and
ii.
The degree of non-conformity is not increased.
3.5.2
Prior Building Permits
1.
Nothing in this By-law shall prevent the erection or use of any building or structure
for which a building permit has been issued under the Building Code Act, 1992,
S.O. 1992, c. 23 prior to the passing of this By-law, provided the building or
structure, when erected, is used and continues to be used for the purpose for
which it was erected and provided the permit has not been revoked under the
Building Code Act, 1992, S.O. 1992, c. 23.
3.5.3
Road Widening
1.
Nothing in this By-law shall prevent the use of any land, building or structure or
the erection of any building or structure on a lot which does not comply to the
minimum lot frontage and/or lot area and/or front yard setback and, in the case of
a corner lot, the exterior side yard setback, as a result of a road widening taken by
the Township of La Vallee or the Ministry of Transportation of Ontario, provided
the development complies with all other requirements of this By-law.
3.5.4
Reconstruction of Existing Use
1.
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer
condition of any non-complying building or structure which is destroyed or
rendered uninhabitable by fire or other natural cause, provided the height and
gross floor area are not increased and the new building or structure is erected on
the same building footprint.
2.
An existing non-complying building or structure may be renovated, provided the
renovation does not further increase the extent of non-compliance.
3.5.5
Addition to Existing Building or Structure
1.
Nothing in this By-law shall prevent the extension or addition to a building or
structure used for a purpose specifically permitted within the zone in which such
building or structure is located and which building or structure existed at the date
of passing of this By-law, but which building or structure does not comply with one
Zoning By-law
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or more of the zone regulations of this By-law, provided such extension or addition
does not further increase the extent of non-compliance.
3.5.6
Existing Undersized Lots
1.
Despite any other provision of this By-law, where a vacant lot having a lesser lot
frontage and/or lot area than is required by this By-law is held under distinct and
separate ownership from adjoining lots, according to the register for land in the
Land Titles or Registry Office on the date of the passing of this By-law, it may be
used for a purpose permitted in the zone in which the lot is located, provided that:
a.
The lot has an area of 2,000 square metres or greater; and
b.
The development meets all other applicable zone regulations in this By-law;
and
c.
The lot has a minimum frontage of 7.5 metres on a street; and
d.
No part of any existing lot shall be reduced in area or frontage by the
conveyance or alienation of any portion of the lot so as to create a situation
of non-conformity or increase the degree of non-compliance with this By-
Law.
3.5.7
Existing Building or Structure on Undersized Lots
1.
Where an existing building is located on a lot having less than the minimum
frontage or area required by this By-Law, or having less than the minimum setback,
front yard, or rear yard required by this By-Law, the building may be enlarged,
reconstructed, repaired or renovated, provided that the development or work
does not further expand the degree of non-compliance.
3.6
Multiple Zones Applying to One Lot
1.
Where a lot is divided into more than one zone, each portion of the lot shall be
used in accordance with the provisions of the applicable zone.
2.
Notwithstanding provision (1), a zone boundary between multiple zones applying
to a lot shall not be considered as a lot line for the purpose of interpreting setback
requirements.
3.7
One Lot for Zoning Purposes
1.
Where a group of occupancies located on separate but abutting lots are under
common ownership and/or shared management, including but not limited to
shared parking, infrastructure, or site access, the group of occupancies may be
considered as one lot for the purposes of applying zone regulations.
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3.8
Land Without Buildings
1.
Where land is used for, or in connection with, any use but without having erected
any buildings or structures, all yards required by the applicable zone shall be
provided and maintained as yards, except where the land or lot is used for:
a.
Agriculture;
b.
Gardening; or
c.
Open space.
3.9
Building to be Moved
1.
No building, including residential buildings, shall be moved within the limits of the
Township of La Vallee or shall be moved into the Township from a location beyond
the Township limits, without a permit from the Chief Building Official.
3.10 Construction Methods
1.
Unless otherwise required in this By-law, no provision of this By-law shall be
interpreted to restrict the development of any building or structure on the basis of
construction methods, provided the development meets the provisions of the
Ontario Building Code, 1992, S.O. 1992, c.23.
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4 Definitions
In this By-law, the following definitions shall apply:
Abut
Means to share a common lot line, and abutting has a corresponding meaning.
Accessory
When used to describe a use, building or structure, shall mean a use, building or structure
naturally or normally incidental, subordinate and exclusively devoted to a main use, building
or structure and located on the same lot therewith.
Accessory Dwelling - see Dwelling, Accessory
Additional Dwelling - see Dwelling - Additional
Accessory Use
Means a land use that is accessory to a principal use.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock
or other material prescribed under the Aggregate Resources Act suitable for construction,
industrial, manufacturing and maintenance purposes, but does not include metallic ores,
asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or
other material prescribed under the Mining Act or exempted under the Regulations of the
Aggregate Resources Act.
Agricultural Use
Means the use of land, building(s) or structure(s) for:
1.
The growing of crops, including but not limited to:
a.
nursery and horticultural crops;
b.
activities related to (a), such as soil preparation, manure or fertilizer
spreading, planting, spraying, grain drying, irrigating, harvesting; and
c.
the storage and sale of the crops produced on the lands;
2.
Animal husbandry, including the raising, boarding, and keeping of all forms of
livestock, including poultry and fish, aquaculture, apiaries and all related activities
such as breeding, training, feeding and grazing;
3.
Agri-forestry, maple syrup production;
4.
The production of animal products including but not limited to milk, eggs, wool,
fur, or honey, and all related activities such as the collection, storage and sale of
the products produced on the lands;
Zoning By-law
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5.
The use and storage of all forms of on-farm buildings and structures, equipment or
machinery needed to accomplish the activities described in this definition,
but does not include:
6.
Commercial activities related to agriculture such as abattoirs, tanneries and retail
sales outlets, except a farm produce outlet; or
7.
manufacturing and processing activities involving farm crops or animal products
such as cheese factories, grain mills or retail seed sales.
Agriculture-Related Use
Means those farm-related uses that are intended to provide direct products and/or services
to farm operations as a primary activity, are compatible with local farm operations, and are
limited to:
1.
Non-accessory storage of farm products and farm-related machinery; or
2.
Sorting or packing of farm products.
Aisle
Means the traveled way by which motor vehicles enter and depart parking spaces,
loading/delivery spaces or a parking area.
Alter
When used in reference to a building, structure or part thereof, means:
1.
To change any one or more of the internal or external dimensions of such building
or structure; or
2.
To change the type of construction of the exterior walls or roof of such building or
structures; or
3.
To change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
When used in reference to a lot means:
1.
To change the boundary of such lot with respect to a street or lane, whether such
alteration is made by conveyance or alienation of any portion of the lot, or
otherwise; or
2.
To change any dimension or area relating to such lot, including width, depth or
area of a lot; or
3.
To change physical attributes of the exterior of a development, including yards,
landscaped open space or parking areas; or
4.
To change the use of such lot or the number of uses located thereon.
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When used in reference to a shoreline means to change, straighten, divert or interfere in any
way with the channel of any waterbody or the lands surrounding the high-water mark of a
waterbody.
Altered and alteration shall have corresponding meanings.
Animal Shelter
Means a building or structure where animals, birds or other livestock are examined or
treated and which may be kept on a short-term basis and may include the premises of a
veterinarian or veterinary surgeon, but does not include a kennel.
Apartment Building - see Dwelling - Apartment
Arena
Means a facility for sport activities and includes ice surfaces for hockey and curling and other
surfaces for any sporting activity.
Artisan Shop or Studio
Means a building or part thereof used:
1.
As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or
artisan or any similar artist or craftsman, where unique articles are made or
fabricated and offered for sale; or
2.
For the instruction of art, music, languages or similar disciplines.
Attached
Means a building or structure otherwise complete in itself which is connected to, and which
depends for structural support upon, a division wall or walls shared in common with an
adjacent building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly or partly within the
roof framing.
Auto Body Shop
Means a building or structure where painting, refinishing, restoration, alterations, or repairs
are made to motor vehicles and where the services are performed for gain or profit, but does
not include a salvage yard or auto automotive service station.
Automotive Sales Establishment
Means land or buildings used for the display, storage and sales or leasing, or renting of new
and/or used motor vehicles and recreational vehicles and related products, and may include
accessory uses such as an automotive service station and/or auto body shop, administrative
offices and a customer lounge.
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Automotive Service Station
Means a building and/or lot used for the sale of fuels or energy products, for motor vehicles
or recreational vehicles and may include an auto repair garage, the servicing, repairing,
lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and
related products, but shall not include an auto body shop, automotive sales establishment, or
gas bar.
Bank
Means a place that provides a range of financial services and includes a trust
company or other financial institution, and may include an accessory use bank
machine.
Basement
Means that portion of a building below the first floor which is partly underground.
Bed and Breakfast Establishment
Means a private dwelling in which guest rooms are provided for gain as temporary
accommodation on a daily basis for the travelling or vacationing public as an accessory use
and where the proprietor lives on the premises.
Boarding House
Means a dwelling which contains three (3) or more rooming units wherein, for remuneration,
lodgings, with or without meals, are provided to the public.
Boat House
Means a one-storey accessory building used for the storage of boats and boating equipment.
Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats,
marine vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock,
boat house or other mooring facility.
Buffer Strip
Means an area of land used for no other purpose than for the erection of a fence, or the
planting and maintaining of a continuous row of natural evergreens or a continuous
unpierced hedgerow of natural shrubs, with the remainder of which used for landscaping.
Building
Means any structure consisting of walls, roof and floors used or intended for sheltering any
use or occupancy. A building shall include a shipping container, sea can, or similar storage
structure when the structure is placed on the ground for any purpose other than loading and
unloading a shipment in conjunction with an industrial or commercial use for up to a
Zoning By-law
16
maximum of 28 consecutive calendar days. The word "building" shall include the whole of
such structure or part thereof.
Building Envelope
Means the buildable area on a lot, defined by all of the required yards and setbacks and the
maximum height provisions, within which a building can be erected.
Building Height
Means the vertical distance between the established grade and:
1.
In the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is the highest [see Figure 4.1]; or
2.
In the case of all other types of roofs, the mean height level between the base of
the roof (eaves or deck line) and highest point of the roof (ridge) [see Figure 4.1].
Where the height is designated in terms of storeys, it shall mean the designated number of
storeys above and including the first storey.
Figure 4.1: Building Heights
Building, Main
Means a building in which is conducted the principal uses of the lot on which it is situated.
Building Line
Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum
distance between that lot line and any portion of a building or structure which may be
erected.
Building, Mixed-Use
Means a building containing more than one permitted land use that is designed and
constructed as a single building.
Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing,
electrical, heating, hardware, air conditioning, home improvement and similar goods are
Zoning By-law
17
stored, displayed, or kept for retail or wholesale sale and may include a bulk storage yard,
but which shall not include a salvage yard.
Building, Temporary
Means a building intended for removal or demolition within a prescribed time period.
Camp Site
Means a parcel of land within a campground that is maintained as a site for the location of
accommodations such as a tent, tent trailer, recreational vehicle or truck camper, but
excluding a mobile home.
Campground
Means an area of land, managed as a unit, providing short-term accommodation or overnight
camping for tents, tent trailers, recreational vehicles or truck campers, and may include
accessory uses, buildings and structures such as an accessory dwelling, laundromat,
convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or
other goods or supplies and equipment rentals that are accessory to the operation of the
campground.
Cannabis Production Facility
Means a facility used for the cultivation, production, processing, testing, destruction,
packaging, and/or shipping of cannabis and cannabis-based products.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering of
one or more motor vehicles.
Car Wash
Means a commercial building or portion thereof used for the washing or cleaning of motor
vehicles.
Cemetery
Means a cemetery within the meaning of the Cemeteries Act and includes a mausoleum,
columbarium or other building or structure intended for the interment of human remains.
Chief Building Official
Means an officer or employee of the Municipality charged with the duty of enforcing the
provisions of the Building Code Act, 1992, S.O. 1992, c.23.
Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis and
treatment of patients and, without limiting the generality of the foregoing, the building may
include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries
directly associated with the clinic.
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Commercial Greenhouse, Nursery or Garden Centre
Means a building and/or outdoor area primarily used for the growing of flowers, sod,
vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for
wholesale or retail sale on or off the premises and may include the incidental sale of
gardening supplies, planting materials fertilizers and equipment.
Communications Facility
Means an installation which transmits receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone
tower, radio or television broadcast tower or similar facility approved by Industry Canada.
Community Centre
Means a multi-purpose facility that offers a variety of recreational, cultural, social, or
instructional programs.
Community Garden
Means a site used by community members and/or a community organization for the growing
of produce, flowers and native plants for non-profit use through individual or shared plots
located on municipally owned lands.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority use
given to preservation, protection or conservation of their ecological uniqueness, wildlife
production and their natural features and may include non-commercial recreational uses.
Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities for
the administration or management of the business and the stockpiling or storage of supplies
used in the business, but does not include the crushing of virgin or recyclable aggregates or
materials nor the wholesale or retail sale of building supplies or home improvement supplies.
Convenience Store
Means a retail store used primarily for the sale of grocery and other daily household
necessities.
Corporation
Means the Corporation of the Township of La Vallee, except where reference is made in this
By-law to a private corporation, in which case the definition shall mean a body corporate
with share capital to which the Business Corporations Act, R.S.O. 1990, c. B.16 applies.
Council
Means the Council of the Corporation of the Township of La Vallee.
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Day Care
Means a facility for the temporary care of children in exchange for compensation and where
such care is provided in a private residence, other than the home of a parent or guardian of
any such child, the service is offered for a continuous period not exceeding 24 hours.
Deck
Means a structure above the ground cantilevered from a dwelling or building or supported by
the ground with no roof or walls except for visual partitions and which is used as an outdoor
living area.
Detached
When used in reference to a building or structure, means a building or structure which is not
structurally dependent on, nor adjoins on any side, any other building.
Development
Means the creation of a new lot, a change of land use, or the construction of buildings or
structures requiring approval under the Planning Act, R.S.O. 1990, c. P. 13 and includes
redevelopment, but does not include activities that create or maintain infrastructure
authorized under an Environmental Assessment process, works subject to the Drainage Act,
R.S.O. 1990, c. D. 17 or underground or surface mining of minerals or advanced exploration
on mining lands.
Dock
Means an accessory structure used for the mooring of boats, marine vessels or watercraft
which is designed to float freely on the surface of the water and which may be secured or
anchored to the shoreline.
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant or a
window or an automated machine, to persons remaining in motor vehicles that are in a
designated queuing space, and may be combined with other land uses. Kiosks within a
parking structure necessary for the operation of the parking facility or kiosks associated with
a surface parking area are not considered drive-through facilities.
Driveway
Means an unobstructed private way used to provide access to a lot from a street or lane.
Driving Range
Means a public or private area operated for the purpose of developing golfing techniques,
including miniature golf courses, but excluding a golf course.
Dwelling
Means a building or part of a building occupied or capable of being occupied as a residence,
or sleeping place, by one or more persons, where food preparation and sanitary facilities are
provided, but shall not include a hotel or motel.
Zoning By-law
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Dwelling - Accessory
Means a detached dwelling which is accessory to a permitted residential use.
Dwelling - Additional
Means a dwelling unit contained within a building that is secondary and subordinate to an
associated principal dwelling unit in the same building, and its creation does not result in the
creation of a semi-detached, row dwelling or apartment dwelling.
Dwelling - Apartment
Means a building containing three or more dwelling units but shall not include a row dwelling
or triplex dwelling.
Dwelling - Duplex
Means a building that is divided horizontally into two dwelling units, each of which has an
independent entrance.
Dwelling - Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured in
accordance with applicable standards in the Ontario Building Code and designed to provide a
permanent residence for one or more persons, but does not include a recreational vehicle.
Dwelling - Row
Means a building that is divided vertically into three or more dwelling units, each of which
has an independent entrance at grade.
Dwelling - Seasonal
Means a dwelling constructed for occupancy exclusively in the spring, summer, or autumn
and does not meet Ontario Building Code requirements for winter occupancy.
Dwelling - Semi-Detached
Means a building on a single foundation divided vertically into two separate dwelling units by
a common wall.
Dwelling - Single-Detached
Means a detached building containing one dwelling unit.
Dwelling - Triplex
Means a building containing three dwelling units, with at least one unit divided horizontally
from the other units.
Dwelling Unit
Means one or more habitable rooms, or suites of two or more rooms, designed or intended
for use and/or occupancy by one or more individuals as a household, in which separate
culinary and sanitary facilities are provided for the exclusive use of such household, and
Zoning By-law
21
which is accessed by a private entrance from outside the building or from a common hallway
or stairway inside the building.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Emergency Service Facility
Means a use providing police, fire, ambulance, or paramedic services.
Equestrian Establishment
Means the use of land, buildings and structures for operation of a horse riding academy or
horse riding stables.
Equipment Sales, Service, Rental and Repair Establishment
Means a building or part of a building and land where machinery or equipment for use in
construction undertakings, commercial vehicles, and other similar goods are kept for sale at
retail or wholesale and which may be serviced washed or repaired and may include an auto
body shop.
Erect
Means to build, construct, reconstruct, renovate, alter or relocate and, without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation such
as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing
building or structure by an addition, enlargement or extension.
Established Grade
Means:
1.
When used with reference to a building, the average elevation of the finished level
of the ground adjoining a wall of the building, measured along the length of the
wall, exclusive of any artificial embankments or berms or steps;
2.
When used with reference to a structure, the average elevation of the finished
surface of the ground immediately surrounding such structure;
3.
When used with reference to a street, road or highway, the elevation of the street,
road or highway established by a public authority.
Existing
Means existing as of the date of the passing of this By-law.
Fairground
Means land, buildings and structures used for entertainment, agricultural and related
exhibits, competitive events, food concessions, a carnival or midway which are conducted on
a seasonal or temporary basis and may include grandstands, barns and other accessory
buildings and structures normally associated with such a use.
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Farm Produce Outlet
Means an accessory use to a farm which consists of the retail sale of agricultural products
produced on the farm where such outlet is located.
Farmer's Market
Means land, buildings and structures used for the sale of farm products, crafts and other
merchandise of a local farming or rural community and designed for individual retailers.
Flood Elevation or Floodline
Means a line representing the vertical flooding limit of a one-in-one-hundred-year storm
event, as established by floodplain mapping or by a public authority.
Floodplain
For river, stream and small inland lake systems, means the area adjoining a watercourse that
has been or may be subject to flooding hazards.
Floor Area, Gross
Means the total area of all floors contained within a building measured between the exterior
faces of the exterior walls of the building, or, where there are no walls, the total area of a
floor within the outer perimeter of the floor.
Floor Area, Net
Means usable or habitable space above or below grade, measured from the exterior face of
the exterior walls of the building or structure but shall not include:
1.
Any private garage, porch, veranda, unfinished basement, or attic; or
2.
Any part of a building or structure below grade which is used for building services,
storage or laundry facilities; or
3.
Any part of the building or structure used for the storage or parking of motor
vehicles; or
4.
Any part of a commercial shopping area used as a hallway, corridor passageway,
utility room, public washroom, balcony or mezzanine not otherwise used for the
display or sale area for merchandise.
Forestry Use
Means the general raising, management and harvesting of wood and shall include the raising
and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and
silva culture practices.
Frontage - see Lot Frontage
Funeral Home
Means a building or part thereof used for the purpose of furnishing funeral services to the
public, but shall not include a crematorium.
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Garage - Private
Means a single-storey accessory building or portion of a main building which is designed or
used for parking or storage of motor vehicles of the occupants of the premises in which there
are no facilities for repairing or servicing of such vehicles for remuneration or commercial use
and includes a carport.
Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery
Garden Suite
Means a one-unit detached residential building containing sanitary and kitchen facilities that
is accessory to an existing permanent residential building and that is designed to be portable,
but shall not include a mobile home, or a recreational vehicle.
Gas Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and which
may include a building, structure or booth used for the sale of gasoline products and
convenience items including but not limited to beverages, prepared foods, newspapers,
lottery tickets sundries and may include other accessory features such as a comfort station
and ATM.
Gazebo
Means a freestanding, roofed accessory structure which is not enclosed, or enclosed only
with transparent screening such as glass or netting, and which is utilized for the purposes of
relaxation in conjunction with a main use but shall not include any other use or activity
otherwise defined or classified herein.
Golf Course
Means a public or private area operated for the primary purpose of playing the sport of golf
but may also include such accessory buildings and structures as are necessary for the
operation and maintenance of the golf course including club house facilities, a restaurant,
banquet, conference and other uses of a social, recreational and entertainment nature
normally associated with golf course development.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Township, in which three to 10 persons (excluding supervisory or operating staff) live
together under responsible supervision consistent with the requirements of its residents for
a group living arrangement and which is licensed and/or approved under Provincial Statutes
and in compliance with municipal By-laws.
Guest Cabin
Means an accessory building, located on the same lot as the main building, which is used for
sleeping accommodation but does not contain any cooking facilities and may contain sanitary
facilities.
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Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is
used or maintained for gain or hire by providing accommodation.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring
processes, including lands in a floodplain or subject to a flooding hazard or erosion hazard.
Hazardous Substances
Means substances which, individually or in combination with other substances, are normally
considered to pose a danger to public health, safety and the environment, and which
generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive,
radioactive or pathological.
Heavy Industrial Use - see Industrial Use
Helipad
Means a landing area used for the landing and take-off of helicopters and may include
incidental emergency service facilities, fuelling facilities and passenger and cargo areas.
Herein
Means in this By-law, and shall not be limited to any particular section of this By-law.
High-Water Mark
Means the mark made by the action of water under natural conditions on the shore or bank
of a body of water, which action has been so common and usual and so long continued that it
has created a difference between the character of the vegetation or soil on one side of the
mark and the character of the vegetation or soil on the other side of the mark.
Highway
Means a street under the jurisdiction of the Ontario Ministry of Transportation.
Home Occupation
Means a privately-operated occupation, enterprise or business which is permitted under the
laws of the Province of Ontario and Canada and carried out as an accessory use to a dwelling
unit.
Home Industry
Means a home occupation in which a product is manufactured or a service is rendered that is
characterized as a light industrial use.
Hotel
Means a building designed or used for the accommodation of the travelling or vacationing
public and containing five or more guest rooms served by a common building entrance, and
which may also include accessory uses such as accommodation for permanent staff and one
or more beverage rooms, dining rooms, meeting rooms, restaurant or similar uses.
Zoning By-law
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Industrial Use
Means the use of land, building or structures for the purposes established in the following
definitions, but does not include a mine, pit or quarry or noxious industry, but which may
include accessory uses such as transportation, wholesaling, storage, shipping and receiving
incidental to the industrial use:
Light Industrial Use (Class I Industry)
Means a place of business for a small scale, self-contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a
package and has a low probability of fugitive emissions, noise, odour, dust or
vibration. Such industries operate in the daytime only with infrequent movement of
products, few heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I
Industry' have a corresponding meaning.
Medium Industrial Use (Class II Industry)
Means a place of business for medium-scale process and manufacturing with
outdoor storage of wastes or materials and where there are periodic or occasional
outputs of fugitive emissions, noise, odour, dust and/or vibration. Shift operations
may occur and there is frequent movement of products and/or heavy trucks during
daytime hours. 'Medium Industrial Uses' or 'Class II Industry' have a corresponding
meaning.
Heavy Industrial Use (Class III Industry)
Means a place of business for uses characterized as having emissions such as noise,
smoke, odour, fumes or vibrations, or extensive outside storage, as part of their
normal operations. 'Heavy Industrial Uses' or 'Class III Industry' have a
corresponding meaning.
Institutional Use
Means any land, building, structure or part thereof used to provide non-profit or non-
commercial purposes for governmental, educational, charitable, fraternal or other public
services.
Kennel
Means a commercially-operated building or structure where four or more dogs over the age
of six months are kept, bred or boarded.
Landfill- see Waste Management Facility
Landscaping
Means consisting principally of organic materials and vegetative in-ground plantings such as
trees, shrubs, hedges, ornamental flowers and grasses, and may also include some accessory
ground cover such as riverwash stone, mulch or similar pervious material.
Zoning By-law
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Lane
Means a public thoroughfare other than a street or pedestrian way, improved or not, which
has a right-of-way width of 10 metres or less and which provides a secondary means of travel
for vehicular traffic to abutting lots and which is not intended for general traffic circulation.
Light Industrial Use - see Industrial Use
Livestock
Means animals associated with an agricultural use such as, but not limited to, cattle, horses,
goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial
purposes.
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions,
intended for the keeping or housing of livestock and includes all manure or material storages.
Loading/Delivery Space
Means an unobstructed area of land which is used for the temporary parking of one or more
commercial motor vehicles while merchandise or materials are being loaded or unloaded
from such vehicle.
Lot
Means all contiguous land under one ownership.
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot,
excluding the horizontal area of any floodplain or wetland area located on such lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of two
parts of the same street which have an interior angle or intersection of not more than 135
degrees.
Lot Coverage
Means that percentage of land or lot area covered by buildings.
Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and rear lot
lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of
the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth"
shall mean the length of a straight line joining the middle of the front lot line with the apex of
the triangle formed by the side lot lines.
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are not
parallel, it shall be the width of a lot measured as a straight line between the intersections of
Zoning By-law
27
the side lot lines at points equal to the front yard setback back from and parallel to the front
lot line.
Lot, Interior
Means a lot other than a corner or a through lot which has frontage on a street.
Lot Line
Means a boundary line of a lot or the vertical projection thereof.
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a
street [see Figure 4.2].
Lot Line, Front
Means:
1.
In the case of an interior lot, the line dividing the lot from the street, street
allowance or private road;
2.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line;
3.
In the case of a corner lot with two street lines of equal length, the lot line where
the principal access to the lot is provided shall be deemed to be the front lot line;
4.
In the case of a lot with water access, the front lot line shall be on the street side.
5.
In the case of a through waterfront lot with water access only, the longest
shoreline shall be deemed to be the front lot line [see Figure 4.2];
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line [see Figure 4.2].
Lot Line, Interior Side
Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a lot with
more than four sides, any lot line not otherwise defined as a front, rear or exterior side lot
line shall be considered as an interior side lot line [see Figure 4.2].
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets and where
such lot qualifies as being both a corner lot and a through lot, such lot shall be considered as
a corner lot.
Lot Width
Means the average horizontal dimension between the two longest opposite sides measured
along a line 6 metres back from and parallel to the front lot line.
Zoning By-law
28
Marina
Means a use, building and/or structure with or without docking facilities where boats are
moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent, and where
accessory uses shall include the sale of boat accessories, marine fuels and supplies and
pump-out facilities.
Medical Clinic - see Clinic
Medium Industrial Use - see Industrial Use
Mine
Means a mine as defined in the Mining Act, R.S.O. 1990, c. M14, and mining shall have a
corresponding meaning.
Mineral Aggregate Operation
Means:
1.
Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, R.S.O. 1990, c. A.8 or successors
thereto, or a pits and quarries control by-law enacted under the Municipal Act,
2001, S.O. 2001, c. 25; and
2.
Associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate resources and derived products such as asphalt and
concrete, or the production of secondary related products.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with remaining
mineral development potential that has not been permanently rehabilitated to another use.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities.
Mixed-Use Building - see Building, Mixed-Use
Mobile Home - see Dwelling - Mobile Home
Mobile Home Park
Means land which has been provided and designed for the location thereon of two or more
occupied mobile homes.
Motel
Means a building or buildings designed or used for the accommodation of the travelling or
vacationing public, containing therein three or more guest rooms, each guest room having a
separate entrance directly from outside and may include an accessory eating establishment
but does not include a bed and breakfast establishment.
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Motor Home - see Recreational Vehicle
Motor Vehicle or Vehicle
Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm
tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any
kind of power, including muscular power, but does not include a snowmobile.
Municipal Service Centre
Means a facility in which the Municipality provides municipal services and
administration and may also include offices and other ancillary uses.
Municipality
Means the Corporation of the Township of La Vallee.
Museum
Means a building or buildings used, or to be used, for the preservation of a collection of
paintings and/or other works of art, and/or objects of natural history, and/or of mechanical
scientific and/or philosophical inventions, instruments, models and/or designs, and dedicated
or to be dedicated to the recreation of the public, together with any libraries, reading rooms,
laboratories and/or other offices and/or premises used or to be used in connection
therewith.
Non-Complying
Means any existing building, structure or lot which does not comply with one or more of the
zone regulations and standards of this By-law.
Non-Conforming
Means any existing use, building, structure or lot which is does not conform to the permitted
use provisions of any Zone in this By-law.
Non-Residential
Means a use, building or structure that is designed, intended or used for purposes other than
those of a dwelling or a residential use.
Nursing or Convalescent Home - see Residential Care Facility
Nursery - see Commercial Greenhouse, Nursery or Garden Centre
Office
Means a building, structure or part thereof used for conducting the affairs of businesses,
professions, services, industries, governments, or like activities.
On-Farm Diversified Use
Means a use that is ancillary to the principal agricultural use of a property and includes, but is
not limited to, educational displays, veterinary clinic, restaurant, bakery, retail store, retail
food store, micro-brewery, micro-distillery, place of assembly, solar installations, agri-tourism
uses, and uses that produce value-added agricultural products.
Zoning By-law
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Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian
walkways, patios, swimming pools or similar areas but not including any driveway, ramp,
parking spaces or aisles, loading spaces or manoeuvring areas and similar areas.
Open Storage
Means the storage of goods, merchandise or equipment outside of a building or structure on
a lot or portion thereof, but does not include a storage use located in a building, a salvage
yard, a parking area, a loading space or a parking space.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area, loading
space or parking space which is used in conjunction with a business located within the
building or structure on the same property, for the display of goods, merchandise, equipment
and seasonal produce and products and may include garden supplies and Christmas trees,
new merchandise or the supply of services.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally
incompetent person, an executor, an administrator or a guardian.
Park
Means an area of land, whether enclosed or not, which is used for recreational or leisure
uses including but not limited to a beach, playground, play field, athletic field, field house,
community centre, bleachers, swimming pool, wading pool, splash pad, greenhouse,
botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green,
boat livery, bathing station, curling rink, refreshment concession, campground, fairground,
and conservation area.
Parking Area
Means an open area of land, accessory to a permitted use, not located on a public street,
private road or lane which is used for the parking of motor vehicles, but shall not include any
area where motor vehicles for sale or repair are kept or stored.
Parking Space
Means an area used for the temporary parking of one motor vehicle.
Parking Space, Barrier-Free
Means a parking space for the temporary parking of a motor vehicle that can be used by
persons with physical, mental or sensory disabilities.
Permitted
Means permitted by this By-law.
Zoning By-law
31
Person
Means an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
Personal Service Establishment
Means a building wherein a personal service is performed including but not limited to a
barber shop, beauty salon, aesthetician, shoe repair, photographic store, laundromat or a dry
cleaning distribution station but excludes a manufacturing or fabrication of goods for sale.
Pit
Means land or land under water from which aggregate is being or has been excavated to
supply material for construction, manufacturing or industrial purposes, but shall not include
rehabilitated land or an excavation incidental to the erection of a building or a structure for
which a building permit has been granted by the Township, or an excavation incidental to the
construction of any public works.
Place of Amusement
Means commercial premises wherein amusement facilities are provided such as a video
arcade, arcade, billiard or pool room but does not include an adult entertainment parlour or
bingo hall.
Place of Assembly
Means a place designed and used to accommodate gatherings of people such as arts and
craft shows, trade fairs, fashion shows, public meetings, banquets, conference meetings,
reception halls, a private club or a fraternal organization and similar activities.
Place of Worship
Means a building or an open area dedicated to religious worship or activities and may
include:
1.
an accessory dwelling; and
2.
other secondary meeting facilities; and
3.
accessory uses such as an auditorium, religious education facilities, parish hall,
rectory, manse; and
4.
cemetery.
Porch or Veranda
Means a covered, unenclosed entrance to a building usually with a separate roof and used as
an outdoor living space.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes stockpiling and
Zoning By-law
32
storage of bulk materials used in the process and which is not of permanent construction, but
which is to be dismantled at the completion of the construction process.
Portable Concrete Plant
Means a building or a structure with equipment designed to mix cementing materials,
aggregate, water and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process and which is not of permanent construction, but which
is to be dismantled at the completion of the construction process.
Principal
Means primary, main, or dominant.
Private Garage - see Garage, Private
Private Road
Means a private right-of-way over private property which affords access to two or more
abutting lots or a road created through the registration of a plan of condominium, but does
not include a road established or maintained by a public authority.
Public Authority
Means the Municipality and any Boards or Commissions thereof, and any Ministry or
Department of the Governments of Ontario or Canada, or other similarly recognized public
utility or agencies established or exercising any power or authority under any special or
general statute and includes any committee or local authority established by By-law of
Council.
Public Street - see Street
Quarry
Means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction,
industrial or manufacturing purposes, but shall not include an excavation incidental to the
erection of a building or structure for which a building permit has been granted by the
Township, or an excavation incidental to the construction of any public works.
Reconstruction
Means to re-build, erect or assemble a previously existing building or structure.
Recreational Vehicle
Means any vehicle so constructed that is suitable for being attached to a motor vehicle for
the purpose of being drawn or is propelled by the motor vehicle and is capable of being used
for living, sleeping, eating or accommodation of persons on a temporary, transient or short-
term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a
motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus
converted into a motor home. The definition of a recreational vehicle shall not be interpreted
to include a mobile home, recreational equipment such as boats, boat or vehicle trailers,
personal watercraft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for
recreational purposes and which are normally stored or parked on a lot.
Zoning By-law
33
Recreational Vehicle Campground - see Campground
Redevelopment - see Development
Renovate
Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an
existing building.
Residential Care Facility
Means an establishment providing supervised or supportive in-house care for those who
need assistance with daily living that may also provide ongoing medical or nursing care or
counselling and social support services and which may include services such as medical,
counselling, and personal services.
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Residential Zone
Means a zone under this by-law permitting primarily residential land uses.
Restaurant
Means premises, including a drive-through service facility, in which the principal business is
the preparation and serving of food and refreshments to the public for consumption at tables
within or outside the building and which may include the preparation of food in a ready-to-
consume state for consumption off the premises.
Retail Store
Means a building wherein goods, wares, merchandise, groceries, substances or articles are
offered for sale to the general public, and may include the limited storage of goods, wares,
merchandise, substances or articles, and shall not include any other use defined herein.
Retirement Home
Means a building or part of a building providing residence mostly to senior citizens who do
not require assistance with daily living, and which may provide ancillary health, personal
service, and recreational services to serve the residents of the home.
Road - see Street
Rooming Unit
Means a room or rooms rented as sleeping and living quarters, without cooking facilities and
may include an individual bathroom.
Row House - see Dwelling, Row
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further use,
Zoning By-law
34
dismantled or abandoned. This definition may include a junk yard, a wrecking yard, a scrap
metal yard, and an automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or
from a satellite.
School
Means a Provincially-approved institution for academic instruction and shall include a public,
private or separate school, a vocational school, or a post-secondary school such as a college
or university.
Sea Can - see Shipping Container
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in separate,
secured storage areas or lockers and may include the exterior storage of boats and water-
related equipment, recreational equipment and recreational vehicles.
Semi-Detached Dwelling - see Dwelling, Semi-Detached
Sensitive Land Use
Means buildings, amenity areas, or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse effects from
contaminant discharges generated by a nearby major facility. Sensitive land uses may be a
part of the natural or built environment.
Septage
Means untreated sanitary waste from a septic tank, privy or holding tank.
Setback
Means:
1.
With reference to a street, the shortest horizontal distance between the front lot
line and the nearest building line.
2.
With reference to a waterbody, the shortest horizontal distance between the
specified feature and the nearest building line.
3.
With reference to a building, structure or land use and not applicable under
paragraph (1) or (2), shall mean the shortest horizontal distance from the building,
structure or land use in question.
Zoning By-law
35
Sewage and Water Services
Means:
1.
Private Communal Sewage Services
a.
Means a sewage works within the meaning of Section 1 of Ontario Water
Resources Act, R.S.O. 1990, c. O.40 that serves six or more lots or private
residences and is not owned by the Township.
2.
Private Communal Water Services
a.
Means a non-municipal drinking-water system within the meaning of Section
2 of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32 that serves six or
more lots or private residences.
3.
Individual On-Site Sewage Services
a.
Means individual sewage systems as defined in Ont. Reg. 332/12, under the
Building Code Act, 1992, S.O. 1992, c. 23 that are owned, operated and
managed by the owner of the property upon which the system is located.
4.
Individual On-Site Water Services
a.
Means individual, autonomous water supply systems that are owned,
operated and managed by the owner of the property upon which the system
is located.
5.
Sewage Works
a.
Means any works for the treatment and disposal of sewage in a wastewater
stabilization pond and includes hauled sewage.
Shipping Container
Means a pre-manufactured box that is designed to facilitate the transportation of goods by
one or more means of transportation and includes, but is not limited to, intermodal shipping
containers and transport box trailers.
Shoreline
Means a lot line or portion thereof which abuts or parallels the high-water mark of a
waterbody.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, formed by the street
lines abutting a corner lot and a third line drawn from a point on a street line to another
point on a street line, each such point being the required sight distance from the point of
intersection of the street lines.
Zoning By-law
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Sign
Means any writing, letter work or numeral, any pictorial representation, illustration, drawing,
image or decoration, any emblem, logo, symbol or trademark or any device with similar
characteristics which:
1.
Is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and
2.
Which is used to advertise, inform, announce, claim, give publicity or attract
attention.
Sleep Cabin - see Guest Cabin
Solar Collector
Means a small-scale ground-mounted or rooftop-mounted or wall-mounted device consisting
of photovoltaic panels that collect solar power from the sun.
Storage Container - see Shipping Container
Storey
Means that portion of a building other than a basement included between the surface of any
floor and the surface of the floor, roof deck, ceiling or roof immediately above it.
Street
Means a public thoroughfare, lane, road or highway affording principal means of access or
entrance to abutting properties, and which has been assumed and is maintained by a public
authority.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and a
street or a private road.
Structure
Means anything constructed or erected, the use of which requires location on the ground or
attached to something having location on the ground and, without limiting the generality of
the foregoing, includes vehicular parking facilities, a recreational vehicle, a sign, a fence, a
swimming pool, a deck, or a septic tank.
Swimming Pool
Means an open or covered pool designed to be used for swimming, wading, diving or
recreational bathing which is at least 50 centimetres in depth and may include a hot tub,
inflatable pool or whirlpool.
Tavern
Means a "tavern" as defined by the Liquor License Act.
Temporary Building - see Building, Temporary
Zoning By-law
37
Temporary Car Shelter
Means a temporary structure erected to provide shelter primarily to a motor vehicle during
winter months and is designed to be dismantled or removed.
Top of Bank
Means a boundary where the majority of normal discharges and channel-forming activities
takes place. The top of bank boundary will contain the active stream channel, active
floodplain, and their associated banks.
Tourist Commercial Establishment
Means a commercial use oriented to serving the needs of tourists which operates throughout
all or part of the year and that has facilities for serving meals and furnishing equipment,
supplies or services in connection with recreational purposes.
Townhouse - see Dwelling - Row
Trailer, Travel Trailer or Recreational Vehicle - see Recreational Vehicle
Trailer Park - see Campground
Triplex - see Dwelling, Apartment
Use
Means the purpose for which a lot or a building or a structure is designed, arranged,
occupied or maintained, and used has a corresponding meaning.
Use, Accessory - see Accessory Use
Veterinary Establishment - see Animal Shelter
Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk
storage and distribution of goods, merchandise, or materials but shall not include facilities for
a transportation depot.
Waste Management Facility
Means land or a site which is licensed or approved by the Ministry of the Environment and/or
its agents where ashes, garbage, refuse, domestic waste, industrial waste, or municipal
refuse compost, excluding radioactive or toxic chemical wastes is disposed of or dumped.
Waterbody
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation
channel.
Zoning By-law
38
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open excavation
on a temporary basis for use by a road authority solely for the purpose of a particular project
or contract of road construction and not located on the road right-of-way.
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open excavation on
a temporary basis for use by a public authority solely for the purpose of a particular project
or contract of road construction and not located on the road right-of-way.
Wetlands
Means lands that are seasonally or permanently covered by shallow water, as well as lands
where the water table is close to or at the surface. In either case the presence of abundant
water has caused the formation of hydric soils 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. Periodically soaked or wetlands being used for agricultural purposes
which no longer exhibit wetland characteristics are not considered to be wetlands for the
purposes of this definition.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are used in
combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a small-scale wind facility designed and used for converting the kinetic energy in wind
into mechanical energy or electrical energy.
Wrecking Yard - see Salvage Yard
Yard
Means an area of a lot abutting a building that is intended for such purposes as privacy
space, landscaping, parking or access [see Figure 4.2].
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line [see Figure 4.2].
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of the main
building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be
measured from the intersection of the side lot lines to the closest point of the main wall of
the main building [see Figure 4.2].
Zoning By-law
39
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a building
closest to the side lot line [see Figure 4.2].
Yard, Exterior Side
Means a side yard adjacent to a street [see Figure 4.2].
Yard, Interior Side
Means a side yard other than an exterior side yard [see Figure 4.2].
Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone Regulations" or
referred to as a zoning regulation and governs the erection of any building or structure or the
use of land.
Zoning By-law
40
Figure 4.2: Lot Line and Yard Definitions
Zoning By-law
41
5 General Provisions
5.1
Accessory Buildings, Structures and Uses
5.1.1
General
1.
Accessory uses, buildings and structures shall be permitted in all zones.
2.
All accessory uses, buildings and structures to a permitted principal use shall be
located on the same lot and in the same zone as the principal use.
3.
Accessory uses, buildings and structures shall not be erected or established prior
to the erection or establishment of the main building or use, except for a
permitted temporary building.
4.
Accessory uses, buildings and structures shall comply with the zoning regulations
established in Table 5.1-A.
Table 5.1-A: Zoning Provisions for Accessory Buildings, Structures and Uses
Zoning
Mechanism
Provisions
RU, AG
V
M1
MX
OS, WD
Minimum Front
Yard Setback
Same as principal building
Minimum Rear
Yard Setback
3 m
1 m
3 m
Same as
principal use
Same as
principal use
Minimum
Exterior Side
Yard Setback
Same as principal building
Minimum
Interior Side
Yard Setback
3 m
3 m
3 m
Same as
principal use
Same as
principal use
Maximum
Height
10.5 m
7 m
7 m
Same as
principal use
10 m
Maximum Lot
Coverage
2%
10%
10%
Same as
principal use
No maximum
Zoning By-law
42
Zoning
Mechanism
Provisions
RU, AG
V
M1
MX
OS, WD
(included in
total lot
coverage
requirement
for principal
use)
Separation
Distance from
Principal
Building
3 m
3 m
3 m
3 m
3 m
Separation
Distance
Between
Accessory
Buildings or
Structures
2 m
2 m
2 m
2 m
2 m
5.
Despite Table 5.1-A, a minimum front yard and exterior side yard setback of 3
metres shall be required for the following accessory buildings or structures:
a.
A shelter for use by children waiting for a school bus, if the shelter is located
in a Rural (RU) or Agriculture (AG) Zone;
b.
Any farm produce outlet, if the structure is located in a Rural (RU) Zone;
c.
A freestanding satellite dish/receiver or solar collector (but not including a
communications facility);
d.
A sign erected in compliance with the zone regulations of this By-law or a By-
law enacted under the Municipal Act, 2001, S.O. 2001, c. 25;
e.
A temporary car shelter; or
f.
A solar collector.
6.
An accessory building or structure shall not be used for human habitation, except
where explicitly permitted by this By-law.
7.
A car port attached to a principal dwelling shall not be subject to the provisions of
this section.
Zoning By-law
43
5.1.2
Wind Turbines
1.
Where a wind turbine is permitted by this By-law, the turbine shall be set back a
minimum distance, measured from the limit of the property, equal to the distance
of the height of the wind turbine structure plus the length of one blade.
5.1.3
Shipping Containers
1.
A shipping container is not permitted as an accessory use in the Village zone.
2.
Notwithstanding provision (1), where one or more shipping containers are used as
building components for a primary building:
a.
The building, including shipping container components, shall comply with
Ontario Building Code standards for that use; and
b.
The building shall be subject to provisions for the primary use under this By-
law.
5.1.4
Recreational Vehicles
1.
A recreational vehicle may be used on a lot for human habitation on a temporary
basis for a maximum duration of 90 consecutive days.
5.1.5
Shoreline Buffers and Structures
5.1.5.1
General Provisions
1.
No person shall erect, alter or use any structure located in navigable water, except
in compliance with the standards of the Lake of the Woods Control Board, the
Lakes and Rivers Improvement Act, and the Canadian Navigable Waters Act, as
revised or amended from time to time.
2.
A lot used for residential purposes shall maintain a shoreline buffer, vegetated in
its natural state, with the following dimensions:
a.
A minimum depth of 15 metres; and
b.
A minimum of 75 percent of the width of the lot along the shoreline.
3.
Notwithstanding provision (2), a pedestrian pathway with a maximum width of 2
metres may be included in a shoreline buffer.
5.1.5.2
Boat Houses
1.
A maximum of 1 single-storey one-bay boat house shall be permitted as an
accessory use to a permitted dwelling on a lot with waterfront access.
2.
A permitted boat house shall not be erected closer than 5 metres from any interior
side lot line or exterior side lot line.
Zoning By-law
44
3.
A boat house shall not exceed 100 square metres in floor area, including an
accessory porch or other projection.
4.
A boat house shall not exceed the following maximum projections into the water:
a.
Where the boat house is on a lot fronting upon a narrow watercourse for
which the average width measured perpendicularly from the property
shoreline to the opposite shoreline is less than 30 metres: 6 metres from the
high water mark; or
b.
For all other cases: 15 metres from the high water mark.
5.
A boat house shall not be used for sleeping accommodation or human habitation.
6.
The maximum height of a boat house shall be 4 metres.
7.
The provisions for boat houses in this section do not apply to a marina.
5.1.5.3
Docks
1.
Docks shall be limited to floating or cantilevered forms.
2.
Docks for residential purposes shall be subject to the provisions in Table 5.1-B.
Table 5.1-B: Zoning Provisions for Docks
Mechanism
Provision
Maximum dock area
30 m2
Minimum dock width
1.8 m
Minimum dock width for boat slips connecting to
principal dock
1.2 m
Maximum dock projection
15 m
Minimum side yard
As per applicable zone
Maximum number of docks per lot
1
3.
No dock shall be permitted which constitutes a navigation or safety hazard.
4.
No dock with a crib area of greater than 15 square metres shall be constructed
without a valid permit issued by the Ministry of Natural Resources.
5.1.6
Temporary Car Shelter
1.
Temporary car shelters shall be permitted on a parking space or driveway.
2.
The following setback provisions shall apply to a temporary car shelter:
Zoning By-law
45
a.
Minimum front yard or exterior side yard setback: 3 m; and
b.
Minimum interior side yard setback: 1.5 m.
5.1.7
Swimming Pools
1.
Above-ground and in-ground private swimming pools, whether open or covered,
shall be permitted accessory to any residential use, subject to the following
provisions:
a.
Open pool areas shall be entirely enclosed by a fence with the following
characteristics:
i.
The fence is constructed with vertically boarded wood, chain link,
masonry, plastic, metal construction or a material having an equivalent
degree of strength;
ii.
The fence shall have no rails or other horizontal or diagonal bracing or
attachments on the outside that may facilitate climbing;
iii. The fence shall have no opening with a horizontal dimension greater
than 75 millimetres and having a minimum height of 1.5 metres above
the established grade; and
iv. The fence shall be installed to include a self-closing and self-latching
gate, which shall be placed at the top of the gate on the pool side;
b.
For the purposes of provision (1)(a), enclosure requirements may be satisfied
by any combination of fencing, structures, or the wall of an above-ground
pool, provided that:
i.
The entire enclosure is a minimum of 1.5 metres in height above the
established grade;
ii.
Unauthorized entry to the pool area cannot be gained through a
building or structure; and
iii. A self-latching gate or equivalent is installed to prevent unauthorized
entry.
c.
Any building or structure accessory to the swimming pool shall be subject to
the accessory provisions of this by-law;
d.
No part of an outdoor swimming pool, including an associated apron or
platform:
i.
Shall be constructed closer to a street line than the regulations for a
main building in the zone within which it is located; and
ii.
Shall be constructed closer to a lot line in the rear yard than the
minimum setback required for an accessory use or structure;
Zoning By-law
46
e.
Notwithstanding the provisions of this section, outdoor swimming pools
which are accessory to a hotel or motel use may be located in the front yard,
provided the swimming pool meets all other applicable regulations; and
f.
A hot tub shall be exempt from the provisions of this section, provided that
the hot tub is adequately secured by a cover equipped with a self-locking
device, which shall be kept locked in place over the hot tub when not in use.
5.1.8
Ground-Mounted Solar Panels
1.
Notwithstanding the provisions of this by-law to the contrary, ground-mounted
solar panels with a name plate capacity of 10 kilowatts or less may be permitted
accessory to a permitted use provided the ground-mounted solar panels are set
back a minimum of 1 metre from a lot line.
5.2
Accessory Residential Uses and Additional Dwelling Units
1.
Except in the AG zone, a maximum of one accessory dwelling or one additional
dwelling is permitted.
2.
Where an accessory dwelling is permitted, water and sanitary services to the
accessory dwelling shall be provided from the principal building.
3.
Notwithstanding the provisions of this section, a lot used for an agricultural use
and developed with permitted additional dwelling units and accessory dwellings
may also provide farm worker housing.
4.
A maximum of 1 guest cabin may be permitted, provided that the guest cabin:
a.
Is located on a lot accessory to a permitted single-detached, semi-detached,
or row dwelling;
b.
Does not exceed 23 square metres in gross floor area;
c.
Is not located on a lot that contains a garden suite; and
d.
Is not connected to a sewage system or pressurized water system.
5.
Where a mobile home is used as a single-detached dwelling in accordance with
Section 6.4(2) of this by-law, an additional dwelling is not permitted.
6.
A permitted accessory dwelling or guest cabin shall comply with the regulations in
Table 5.2-A.
Zoning By-law
47
Table 5.2-A: Zoning Provisions for Accessory Dwellings and Guest Cabins
Zoning Mechanism
Provision
Minimum Front Yard Setback
Same as principal building
Minimum Rear Yard Setback
1.2 m
Minimum Exterior Side Yard Setback
Same as principal building
Minimum Interior Side Yard Setback
1.2 m
Maximum Height
4 m
Maximum Lot Coverage
(included in total lot coverage requirement for
principal use)
10%
Separation Distance From Principal Building
2 m
5.3
Development Along Waterbodies
5.3.1
Water Bodies
1.
Subject to the provisions of this By-law, the minimum setback from the top of bank
of a waterbody for a dwelling, a non-residential or accessory building or structure
or an individual on-site sewage service shall be:
a.
30 metres from the Rainy River; and
b.
15 metres from other waterbodies.
2.
For the purposes of provision (1), a setback shall be measured as the shortest
horizontal distance from the nearest main wall of the building or the edge of the
filter bed/tile bed to the high-water mark.
3.
No dwelling, non-residential or accessory building or structure or an individual on-
site sewage service shall be permitted within 30 metres of the boundary of a
significant wetland or fish habitat.
4.
Notwithstanding provision (1), the following uses are permitted within the
required setback from a waterbody:
a.
Buildings or structures intended for flood or erosion control or slope
stabilization;
b.
Conservation use, excluding any buildings or structures;
c.
Forestry Use, excluding any buildings or structures;
Zoning By-law
48
d.
Parks, excluding any buildings or structures;
e.
Hydro-electric generating facilities;
f.
Marine facility; and
g.
Marina.
5.4
Frontage on a Street
1.
No person shall erect any building or structure or use any land in any zone unless
the lot upon which such building or structure is to be erected, or the land to be
used, has access to a street.
2.
Despite provision (1), access to a lot without frontage on a public road shall be
permitted for the following uses, where all other applicable zone regulations are
met:
a.
For a permitted use on a lot served by an existing private road;
b.
For a resource-related use on Crown Land;
c.
For a communications facility;
d.
For a public use;
e.
For a wayside pit or wayside quarry;
f.
For uses accessory to agricultural, forestry, or mining uses, which are not
used for human habitation;
g.
For a water access lot or island; and
h.
For any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities.
3.
Despite provision (1), where a development or subdivision agreement exists
between the Township and a landowner, access to an unassumed, unopened or
unmaintained public right-of-way shall be deemed to comply to the provisions of
this section, provided that the development is in conformity with the zone
regulations set out in the corresponding zone or any exception thereto.
4.
Despite provision (1), where a legal right-of-way is registered on title and provides
for a right-of-way to an existing lot which is developed for a residential use as of
the date of approval of this By-law, such uses shall be deemed to comply with the
provisions for access of this By-law.
Zoning By-law
49
5.5
Land Suitability For Use
1.
Despite any other provision of this By-law, no habitable building or structure shall
be erected, altered or used on land which is unsafe for development by reason of
unstable bedrock, unstable soils, steep slopes, low-lying or marshy conditions, or
unstable character.
5.6
Occupancy Restrictions
1.
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof:
a.
Any private garage or other building or structure which is accessory to a
residential use, except in accordance with the provisions of this by-law.
b.
Any truck, bus, coach or streetcar body, whether or not the same is mounted
on wheels.
5.7
Open Storage and Outdoor Display
1.
No person shall use any lot or part thereof for open storage or outdoor display,
except as permitted by this By-law.
2.
Open storage shall not be permitted:
a.
Within any required front yard or exterior side yard; or
b.
Closer than 5 metres to any interior side lot line or rear lot line.
3.
An outdoor display area shall be permitted as an accessory use to any permitted
commercial use or industrial use, provided that the outdoor display area does not
reduce any required parking area or loading space required by this By-law.
4.
All outdoor display areas shall be set back a minimum of 3 metres from any front
lot line, exterior side lot line or interior side lot line.
5.
Despite the provisions of this section, the following temporary uses shall be
permitted to occupy a designated parking area:
a.
Seasonal sales of Christmas trees; or
b.
A temporary yard sale of a maximum of five days' duration.
6.
Despite the provisions of this section, temporary stockpiling of construction or
surfacing materials may be permitted in any yard during a period of construction,
to a maximum of 180 days' duration.
5.8
Permitted Projections
1.
Every part of any yard required by this By-law shall be left open and unobstructed
by any structure from the ground to the sky.
Zoning By-law
50
2.
Despite provision (1), structures listed in Table 5.8-A shall be permitted to project
into the minimum yards required by this By-law for the following specified
distances:
Table 5.8-A: Permitted Projections
Structure
Maximum Projection into Required Yard
Chimney breasts, cornices, sills, bay
windows, pilasters, eaves or gutters, solar
collectors where attached to a building,
shutters cornices, parapets or other
ornamental structures
0.75 metres into any required front yard,
rear yard or interior side yard
Canopies which are at least 2 metres in
vertical clearance above the established
grade, with or without supporting posts
3 metres into any required yard
Canopies for entrances to apartment
buildings and commercial buildings
A distance equal to 50 percent of the
setback of the building from the street line
Window awnings
1.2 metres into any required yard
Steps, ramps and walkways
No maximum into any required yard
Porch, uncovered platform landing, patio or
deck, balconies or steps
3 metres into any required front, exterior
side, side or rear yard
Air conditioner
0.5 metres into any yard
Fire escapes, exterior staircases from a
building having two storeys or more above
grade
1.5 metres into an interior side or rear yard
only
Heat pump
1.5 metres into an interior side yard or rear
yard
Fences, hedges, shrubs, trees, freestanding
walls, flagpoles, light standards, garden
trellises, clothes lines, bicycle racks and
similar structures or features
No restrictions apply, subject to provisions in
this By-law for corner sight triangles
5.9
Sight Triangle
1.
Within any area defined as a sight triangle, the following uses shall be prohibited:
a.
A building, structure, or use which would obstruct the vision of drivers of
motor vehicles;
b.
A fence, tree, hedge, bush or other vegetation, other than agricultural crops;
c.
Any portion of a delivery space, loading space, driveway or parking space;
and
d.
A berm or other ground surface which exceeds the elevation of the street by
more than 0.6 metres.
Zoning By-law
51
2.
For the purposes of this By-law, a sight triangle distance of 6 metres shall apply,
unless otherwise determined through a Site Plan Control or Plan of Subdivision
process.
3.
Despite provision (2), in any zone where a street crosses a railway at the same
grade elevation, a sight triangle of 45 metres shall be required, measured from the
point of intersection of the centre line of the railway right-of-way and the street
line abutting the lot.
5.10 Permitted Projections Above the Height Limit
1.
The height regulations in this By-law shall not apply to any of the following:
a.
Air conditioning system;
b.
Chimney;
c.
Church spire, belfry or turret;
d.
Communications facility;
e.
Drying tower;
f.
Elevator or stairway enclosure;
g.
Enclosed mechanical and electrical equipment;
h.
Farm buildings and structures including but not limited to a barn, silo or
windmill;
i.
Flag pole;
j.
Hydroelectric transmission tower or pole;
k.
Ornamental dome or clock tower;
l.
Receiving and transmitting antenna;
m.
Receiving stations;
n.
Satellite dish/receiver;
o.
Skylight;
p.
Solar collector/commercial solar collector;
q.
Ventilating fan or skylight;
r.
Water tower; and
s.
Wind Turbine/commercial wind turbine.
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52
2.
The minimum setbacks in all directions for a communications facility shall be the
equivalent of the height of the tower, except where such facility is authorized
and/or approved by Industry Canada.
5.11 Streets, Parks, Playgrounds and Community Gardens
1.
In any zone established by this By-law, streets, walkways, bike paths, parks, and
community gardens are permitted.
5.12 Temporary Buildings or Structures During Construction
1.
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure, scaffold or other equipment essential to
construction works for which a building permit has been granted, but only until
such time as the work has been finished or abandoned or such equipment is no
longer required.
2.
Temporary accommodation for a business which is intended to occupy a building
or structure which is under construction may be temporarily permitted on the
same lot in the form of a mobile, relocatable, portable or transportable building or
structure provided:
a.
A Building Permit is obtained from the Municipality; and
b.
Such temporary accommodation is removed from the lot immediately upon
completion of construction or abandonment of construction.
5.13 Through Lots
1.
Where a lot is a through lot or corner through lot, the minimum required front
yard setback applies to both the front and rear lot lines, in accordance with the
provision of the zone in which the lot is located, and the minimum required rear
yard setback does not apply.
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6 Specific Use Provisions
6.1
Dangerous, Hazardous or Noxious Uses
1.
No land, building or structure shall be used in the Municipality for the industrial
manufacture or distribution of coal oil, rock oil, fuel oil, burning fluid gas, naphtha,
benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum
products or other combustible or inflammable or liquid material which is likely to
create danger to health, or danger from fire or explosion except as otherwise
explicitly permitted in this By-law.
2.
No land or building in any zone shall be used for any purpose which from its nature
or from the materials used is declared to be a health hazard under the Health
Protection and Promotion Act, R.S.O. 1990, c. H.7 without the consent of the local
Medical Officer of Health, as provided in that Act.
3.
Except as may otherwise be explicitly permitted under this by-law, no use shall be
permitted which, from its nature or the materials used therein, is defined as a
noxious trade, business or manufacturer under the Health Protection and
Promotion Act, R.S.O., 1990, c. H.7 and the Regulations passed thereunder.
6.2
Gas Bars
1.
In a gas bar use:
a.
Fuel pumps and fuel pump islands may be located in any required yard;
b.
No portion of any fuel pump island shall be erected closer than 6.0 metres
from any road allowance;
c.
The maximum width of a driveway access from a street shall be 7.0 metres;
d.
The minimum distance between driveway accesses from a street shall be 9.0
metres;
e.
A canopy or roof may be erected over fuel pumps and fuel pump islands, or
may be extended from the main building to the pump island, provided:
i.
a minimum setback of 3.0 metres is provided between the canopy and
any lot line; and
ii.
No portion of the canopy or roof is located within a corner sight
triangle.
6.3
Group Homes
1.
A group home shall be permitted in all zones that allow residential uses.
2.
Where a group home is permitted under provision (1), the group home shall be
subject to the performance standards enacted in this By-law applicable to the
dwelling type in which the group home operates.
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6.4
Mobile Homes
1.
A mobile home shall only be permitted as explicitly established by this By-law.
2.
Notwithstanding provision (1), where a mobile home is constructed with a
foundation in accordance with Ontario Building Code Parts 4 or 9, as applicable,
the mobile home shall be classified as a single-detached dwelling for the purpose
of this by-law.
6.5
Home Occupations and Home Industries
6.5.1
General Provisions
1.
A home occupation or home industry may be permitted accessory to a permitted
principal residential use.
2.
The maximum number of home occupations or home industries on a lot is:
a.
Two home occupations, where the lot is not used for a home industry; or
b.
One home occupation and one home industry.
3.
Neither a home occupation nor a home industry shall be permitted in association
with an apartment dwelling.
4.
The provisions of this by-law shall apply cumulatively to all home occupations or
home industries on a lot.
5.
A home occupation or home industry shall be operated by the owner or occupant
of the principal dwelling on the lot.
6.
Despite provision (5), a home occupation or home industry may employ a
maximum of two additional employees who do not reside at the principal dwelling.
7.
Excepting telemarketing or mail-order sales in which purchased merchandise is
delivered directly to the customer, items offered for sale in association with a
home occupation or home industry shall be produced on the premises.
8.
No home occupation or home industry may create a public nuisance in regard to
noise, traffic, parking, health, or safety.
9.
Signage for a home occupation or home industry shall:
a.
Be limited to a maximum of one sign to advertise the home occupation;
b.
Not exceed 1.5 square metres in surface area;
c.
Be located within the boundaries of the lot accommodating the home
occupation;
d.
Where illumination is proposed, restrict illumination only to the sign.
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10.
A home occupation or home industry shall be legal and must have obtained all
necessary permits or licenses from the Township and any other applicable
government body having jurisdiction.
6.5.2
Provisions for Home Occupations
1.
The following home occupations shall be permitted in any zone where a dwelling is
permitted:
a.
Professional and consulting services including but not limited to an architect,
engineer, financial advisor, accountant, consultant, legal services, physician,
dentist, or teleworker;
b.
Instructional services including but not limited to music lessons, dance, art,
or academic tutoring;
c.
Home craft businesses including but not limited to quilter, potter, jeweler,
painter/visual artist, or small-scale assembler;
d.
A day nursery or home daycare;
e.
Distribution sales office or mail-order sales including but not limited to
cosmetics, clothing or small household appliances;
f.
An office for a trades contractor, including plumber or electrician;
g.
Repair services, including but not limited to small appliances or computers,
but not including auto repair or similar services;
h.
High technology uses, including but not limited to internet services, call
centre services, desktop publishing, computer hardware and software
development;
i.
Personal care services, including but not limited to a hairdresser or hair
stylist, barber, massage therapist, or aesthetician;
j.
Sale of bait for recreational fishing purposes;
k.
Pet grooming, but not including overnight keeping of animals;
l.
A small-scale catering establishment;
m.
A studio; or
n.
Seed sales.
2.
In a RU or AG Zone, a home occupation shall be permitted to be operated in an
accessory building or structure, provided that the home occupation does not
comprise more than 140 square metres of floor area.
3.
A home occupation shall cumulatively not occupy more than 25 percent of the net
floor area of the dwelling.
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4.
Despite the provisions of this by-law, no outdoor storage shall be permitted for a
home occupation.
6.5.3
Provisions for Home Industries
1.
The following home industries shall be permitted in any zone in which a dwelling is
permitted:
a.
An agri-tourism use to a permitted agricultural use;
b.
Uses that produce value-added agricultural products from the farm
operation on the property;
c.
A farm produce outlet;
d.
A welding or repair shop;
e.
A commercial school bus or commuter transportation service;
f.
A retail outlet for farm supplies and machinery;
g.
The sale of firewood;
h.
An appliance repair shop; and
i.
An auto body and auto repair shop.
2.
A home industry shall be located in a building accessory to the principal residential
building.
3.
Outdoor storage for a home industry shall be limited to the storage of firewood.
4.
A home industry shall cumulatively not occupy more than 140 square metres.
6.6
Bed and Breakfast Establishments
1.
Bed and breakfast establishments shall not be subject to the provisions of this by-
law for home occupations.
2.
A bed and breakfast establishment shall be permitted as an accessory use to any
permitted single-detached dwelling.
3.
A bed and breakfast establishment shall be limited to a maximum of 3 guest
rooms.
4.
The use of a dwelling as a bed and breakfast establishment shall not change the
residential character of the dwelling.
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5.
A sign for the purposes of advertising a bed and breakfast establishment shall be
permitted, provided:
a.
A maximum of 1 sign is erected;
b.
The sign does not exceed 1.5 square metres in area;
c.
The sign is erected on the lot accommodating the bed and breakfast
establishment; and
d.
The sign does not encroach beyond the lot boundaries.
6.7
Regulations Affecting Vertically Attached Dwelling Units
1.
Minimum interior side yard and minimum rear yard setbacks are deemed to be 0
metres between individual dwelling units that are permitted to be vertically
attached.
6.8
Agriculture-Related Uses and On-Farm Diversified Uses
1.
An on-farm diversified use is permitted if the principal use of the lot is agriculture.
2.
Agriculture-related uses and on-farm diversified uses shall be subject to the
Minimum Distance Separation requirements of this By-law.
3.
The maximum combined area of all agriculture-related uses and on-farm
diversified uses on a lot is 1 hectare, including:
a.
Buildings;
b.
Structures;
c.
Outdoor storage areas;
d.
Parking areas; and
e.
Well and septic systems associated with the use.
4.
An on-farm diversified use is limited to 2 percent of the total lot area.
5.
An agriculture-related use or on-farm diversified use shall not create a nuisance to
adjacent lots, including impacts related to noise, dust, or odours.
6.9
Kennel
1.
A kennel structure associated with a kennel use shall be considered as a building
for zoning purposes.
2.
Notwithstanding the provisions of this By-law to the contrary, buildings associated
with a kennel use shall be set back a minimum of 12 metres from a lot line.
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3.
Buildings used for kennel purposes shall be set back a minimum of 100 metres
from a residential use building on an abutting or adjacent lot.
4.
A dog run associated with a kennel use may not be located in a front yard or
exterior side yard.
6.10 Special Setbacks for Hazardous Land Uses
6.10.1 Waste Management Facility
1.
A waste management facility shall be located a minimum of 500 metres from any
residential land use.
2.
No development or land use shall be permitted within 30 metres of the licensed fill
area of an active waste management facility.
3.
No waste management facility shall be permitted within 30 metres from the high-
water mark of any waterbody or wetland.
4.
No waste management facility shall be permitted on land covered by water or in
any area subject to flooding.
6.10.2 Pits and Quarries
1.
No sensitive land use shall be permitted within 70 metres of the zone boundary of
a pit measured as the shortest horizontal distance between the lot line of the
sensitive land use and the zone boundary of the pit or the nearest face of the
excavation, whichever is the closest.
2.
No sensitive land use shall be permitted within 300 metres of a quarry measured
as the shortest horizontal distance between the lot line of the sensitive land use
and the zone boundary of the quarry or the nearest face of the excavation,
whichever is the closest.
6.10.3 Industrial Uses
1.
Development of sensitive land uses in proximity to industrial uses shall be subject
to the following provisions:
a.
The minimum separation distance between a sensitive land use and a Class I
Industrial (Light Industrial) use shall be 20 metres and shall be measured as
the shortest horizontal distance between the limits of the sensitive land use
to the lot line of the Class I Industrial Use.
b.
The minimum separation distance between a sensitive land use and a Class II
Industrial (Medium Industrial) use shall be 70 metres and shall be measured
as the shortest horizontal distance between the limits of the sensitive land
use to the lot line of the Class II Industrial Use.
c.
The minimum separation distance between a sensitive land use and a Class III
Industrial (Heavy Industrial) use shall be 300 metres and shall be measured
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59
as the shortest horizontal distance between the limits of the sensitive land
use to the lot line of the Class III Industrial Use.
2.
Provision (1) above applies to:
a.
An expansion of a sensitive land use in proximity to a Class I, Class II, or Class
III Industrial use; and
b.
An expansion of a Class I, Class II, or Class III Industrial use in proximity to a
sensitive land use.
6.10.4 Minimum Distance Separation Formulae I and II
1.
The Minimum Distance Separation Formulae I and II of the Ministry of Agriculture,
Food and Agribusiness shall apply to new or expanding livestock facilities in
proximity to sensitive land uses on adjacent lots, or vice-versa, but shall not apply
between a dwelling and a livestock facility on the same lot.
2.
Any new sensitive land use located on a lot greater than 1 hectare created after
the date of passing of this By-law shall comply with the Minimum Distance
Separation Formulae I, as amended from time to time.
3.
The Minimum Distance Separation Formulae I shall not apply to the construction
of buildings and structures accessory to a permitted existing dwelling.
6.11 Use by Public Authority
1.
The provisions of this By-law shall not apply to limit the use of any land or to the
erection or use of any building or structure for a utility installation or municipal
infrastructure for the purpose of a public service, including on Crown Lands, by:
a.
The Township, including any departments, agencies, or utilities;
b.
The Province of Ontario, including any Ministries, agencies, boards, utilities,
corporations, or other bodies;
c.
The Government of Canada, including any Departments, agencies, boards,
utilities, corporations, or other bodies; or
d.
Contractors performing works for any public authority.
2.
Wayside pits, wayside quarries, portable asphalt plants and portable concrete
plants shall be permitted in any zone, except:
a.
In a Village Zone;
b.
The Conservation and Environmental Protection Zone; and
c.
On any lot on which sensitive natural heritage features have been identified.
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6.12 Helipads
1.
No development or land use shall be permitted within 60 metres of a helipad.
6.13 Water and Sewage Disposal Systems
1.
No land can be used or the intensity of any use of land expanded or any building
placed, erected, altered, enlarged or used unless the land is serviced by private
services approved under the Ontario Water Resources Act, R.S.O. 1990, c. O.40 or
the Building Code Act, 1992, S.O. 1992, c. 23.
2.
Uses exempted under the Building Code Act, 1992, S.O. 1992, c. 23 or prohibited
or regulated by this By-law shall not be subject to provision (1).
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61
7 Parking and Vehicle Provisions
7.1
General
1.
Except as provided herein, no motor vehicles shall be parked or stored in any zone
unless the motor vehicle is located within a garage, carport, driveway, or parking
area.
2.
No parking space in a Village zone shall be used for the outdoor parking or storage
of a motor vehicle unless such motor vehicle is used in operations incidental to the
residential use of the lot on which it is parked or stored and bears a motor vehicle
license plate or sticker which is currently valid.
3.
Any recreational vehicle which is self-propelled or does not require a trailer to be
transported shall be permitted in a Village zone, provided it is parked in a
permitted parking space or is located in an interior side yard or rear yard.
7.2
Parking Space and Parking Area Provisions
1.
Each standard parking space shall have the following dimensions:
a.
Minimum width: 2.6 metres; and
b.
Minimum length: 5.5 metres
2.
A parking area containing spaces for more than 4 motor vehicles shall:
a.
Be constructed of crushed stone, asphalt paving, concrete, paver stones, or
similar materials; and
b.
Include a continuous buffer strip along the perimeter of the parking area,
which may be interrupted by permitted driveways and walkways, and which
has a width of:
i.
3 metres when abutting a street; and
ii.
1.5 metres when not abutting a street.
7.3
Aisle and Driveway Provisions
1.
Ingress and egress directly to and from every parking space shall be by means of a
driveway, lane or aisle having the following dimensions:
a.
A minimum width of 6 metres for two-way traffic; or
b.
Where parking is angled, a minimum width of 4 metres for one-way traffic.
2.
A driveway or lane which does not provide ingress and egress directly to a parking
space, shall have the following dimensions:
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62
a.
A minimum width of 3.5 metres, where designed for one-way vehicular
circulation; or
b.
A minimum width of 6 metres, where designed for two-way vehicular
circulation.
7.4
Barrier-Free Parking
1.
Barrier-free parking shall be provided at a rate of:
a.
One barrier-free parking space for any use requiring 10 standard parking
spaces or more; and
b.
One barrier-free parking space for each 25 standard parking spaces.
2.
Where barrier-free parking spaces are required or provided, each barrier-free
parking space shall be included in the total number of parking spaces required
under the provisions of this by-law.
3.
Each barrier-free parking space shall have the following dimensions:
a.
Minimum width: 3.7 metres; and
b.
Minimum length: 6.0 metres.
7.5
Minimum Parking Requirements
1.
Unless permitted elsewhere in this By-law, where two or more uses are permitted
in the same building or structure, or on the same lot, then the off-street parking
regulations for each use shall be calculated as if each use is a separate use, and the
total number of off-street parking spaces so calculated shall be provided.
2.
If an addition is made to a building or structure that has the effect of increasing
the gross floor area of a building, or a change to the use of a building occurs,
parking spaces shall be provided for the addition or the area of the building subject
to the change in use, in accordance with the requirements of this by-law.
3.
Where the calculation of the minimum number of parking spaces required results
in a fraction, the minimum requirement shall be the next higher whole number.
4.
Tandem parking of vehicles is permitted to accommodate the parking
requirements for:
a.
Single-detached dwellings;
b.
Semi-detached dwellings;
c.
Duplex units;
d.
Row dwellings;
e.
Mobile homes;
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f.
Group homes;
g.
Home occupations; or
h.
Home industries.
5.
In any zone, off-street parking shall be provided for any building, structure, or use
established, erected, enlarged or changed in accordance with the minimum
number of parking spaces set out in Table 7.5-A as follows:
Table 7.5-A: Parking Regulations
Use
Minimum Number of Required
Parking Spaces
Residential:
Accessory dwelling
Garden suite
Mobile home dwelling
Row dwelling
Semi-detached dwelling
Single-detached dwelling
1.5 space per dwelling
Residential:
Apartment dwelling
1 resident space per dwelling unit
0.15 per unit shall be provided for visitor parking
in addition to the minimum required resident
parking
Residential:
Additional dwelling
1 space per dwelling
Residential:
Boarding house
0.5 space per occupant
Animal shelter
1 space per 30 m2 of gross floor area
Auto body shop
Automotive service station
3 spaces per service bay
Auction hall
Place of assembly
The greater of 1 space for every 5 seats or 1
space for every 12 m2 of assembly space
Bed and breakfast establishment
1 space for each guest room available to the
travelling public in addition to the required
parking for the dwelling
Building supply store or depot
Bulk storage yard
Equipment and vehicle storage yard
1 space for each 22 m2 of gross floor area and
1 space for each 35 m2 of open storage
Clinic
3 spaces per medical practitioner
Convenience store
1 space per 18 m2 of gross floor area
Crisis Care Facility
2 spaces, in addition to the required parking for
a dwelling; or
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Use
Minimum Number of Required
Parking Spaces
If not located in a dwelling, 1 space per 38 m2 of
gross floor area
Day care
1 space per employee and 1 space per 5 children
Equipment sales, service, rental and repair
establishment
1 space per 35 m2 of open storage or gross sales
area plus 1 space per employee
Commercial greenhouse, nursery or garden
centre
1 space per 30 m2 of gross floor area
Gas bar
None
Office
Personal service establishment
Retail store
Service outlet or shop
1 space per 28 m2 of gross floor area
Group home
2 spaces plus the required parking for the
dwelling
Home occupation
Home industry
1 parking space in addition to the required
parking for the dwelling
Maximum 3 parking spaces in addition to the
required parking for the dwelling
Hotel
Motel
1 space per guest unit, plus
1 space per 12 m2 of gross floor area dedicated
to administrative, banquet and meeting facilities
Agricultural use
Agriculture-related use
Industrial use
1 space per 30 m2 of gross floor area
Place of amusement
Recreational commercial establishment
1 space for every 4 persons of building capacity
Place of worship
1 space for every 6 seats or 4.0 metres of bench
space of its maximum seating capacity
Residential care facility
1 space for every 4 patient beds; plus
1 space for every 4 employees
Restaurant
Tavern
1 parking space per 10 m2
School - elementary
1.5 spaces per classroom plus 6 spaces for
visitors
School - secondary or private
4 spaces per classroom plus 8 spaces for visitors
Industrial use
The greater of 1 space for each 93 square metres
of floor area or for each 3 employees
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7.6
Loading/Delivery Space Regulations
1.
For every building or structure erected for a commercial, institutional or industrial
land use involving the receiving, shipping or unloading of merchandise or other
goods, loading/delivery spaces shall be required in accordance with the following
zoning regulations:
a.
Minimum loading/delivery space height clearance: 4.2 metres
b.
Minimum loading/delivery space width: 3.5 metres
c.
Minimum loading/delivery space length: 9 metres
d.
Minimum aisle or driveway width leading to a loading/delivery space: 6
metres
e.
Minimum number of loading/delivery spaces:
i.
0 spaces for net floor area less than 300 square metres;
ii.
1 space for net floor area of 301 to 2,300 square metres;
iii. 2 spaces for net floor area of 2,301 to 7,400 square metres; and
iv. 3 spaces for net floor area of greater than 7,400 square metres; and
f.
Minimum setback of any required loading/delivery space from any lot line: 3
metres.
2.
Loading spaces may not be located in a front yard or exterior side yard, unless set
back from the front lot line or exterior side lot line a minimum of 15 metres.
3.
All loading spaces shall be located on the same lot as the associated use.
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66
8 Establishment of Zones
1.
For the purpose of this By-law, the following Zones are established:
a.
Rural Zone (RU);
b.
Agriculture Zone (AG);
c.
Village Zone (V);
d.
Mobile Home Park Zone (MHP);
e.
Industrial Zone (M1);
f.
Aggregate Industrial Zone (MX);
g.
Waste Disposal Site Zone (WD);
h.
Open Space Zone (OS); and
i.
Conservation and Environmental Protection Zone (CEP).
2.
Zones established in provision (1) may be referred to by its full name or its
associated code.
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9 Zones
9.1
Rural Zone (RU)
1.
No person shall use any land or erect, alter or use any building or structure in the
Rural (RU) Zone except in accordance with the following zone regulations:
9.1.1
Permitted Uses
1.
Agricultural use;
2.
Conservation use;
3.
Cemetery;
4.
Equestrian establishment;
5.
Farmer's market;
6.
Forestry use;
7.
Fuel depot;
8.
Hunt camp;
9.
Kennel;
10.
Mineral exploration;
11.
Peat extraction and processing; and
12.
Wildlife management.
9.1.2
Conditional Uses
1.
The following uses are permitted, subject to the provisions of Table 9.1-B:
a.
Single-detached dwelling.
2.
The following uses are permitted, subject to the provisions of Table 9.1-C:
a.
Animal shelter;
b.
Artisan shop or studio;
c.
Clinic;
d.
Contractor's yard;
e.
Convenience store;
f.
Day care;
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68
g.
Emergency service facility;
h.
Gas bar;
i.
Light industrial use (Class I Industry);
j.
Institutional use;
k.
Municipal service centre;
l.
Museum;
m.
Office;
n.
Personal service establishment;
o.
Place of assembly;
p.
Place of worship;
q.
Restaurant;
r.
Retail store;
s.
School;
t.
Tavern;
u.
Tourist commercial establishment; and
v.
Warehouse.
3.
The following uses are permitted, subject to the provisions of Table 9.1-D
a.
Auto body shop; and
b.
Automotive service station.
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9.1.3
RU Zone Regulations
1.
The provisions of Table 9.1-A shall apply to the permitted uses in the RU zone:
Table 9.1-A: RU Zone Regulations
Mechanism
Requirement
Minimum Lot Area
1.0 hectare
Minimum Lot Frontage
100 m
Maximum Lot Coverage
10%
Minimum Front Yard
15 m
Minimum Side Yard
7.5 m
Minimum Exterior Side Yard
15 m
Minimum Rear Yard
15 m
Maximum Building Height
10.5 m
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2.
Notwithstanding provision (1), the provisions in Table 9.1-A do not apply and the
provisions in Table 9.1-B apply to conditional uses listed in Provision 9.1.2(1):
Table 9.1-B: Provisions for single-detached dwellings in the RU zone
Mechanism
Requirement
Minimum Lot Area
1.0 hectare
Minimum Lot Frontage
90 m
Maximum Lot Coverage
10%
Minimum Front Yard
15 m
Minimum Side Yard
7.5 m
Minimum Exterior Side Yard
15 m
Minimum Rear Yard
15 m
Maximum Building Height
10.5 m
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3.
Notwithstanding provision (1), the provisions in Table 9.1-A do not apply and the
provisions in Table 9.1-C apply to conditional uses listed in Provision 9.1.2(2):
Table 9.1-C: Provisions for small-scale commercial and industrial uses in the RU zone
Mechanism
Requirement
Minimum Lot Area
1.0 hectares
Minimum Lot Frontage
90 m
Maximum Lot Coverage
15%
Minimum Front Yard
15 m
Minimum Side Yard
15 m
Minimum Exterior Side Yard
15 m
Minimum Rear Yard
15 m
Maximum Building Height
10.5 m
Maximum Gross Floor Area
100 m2
4.
Notwithstanding provision (1), the provisions in Table 9.1-A do not apply and the
provisions in Table 9.1-D apply to conditional uses listed in Provision 9.1.2(3):
Table 9.1-D: Provisions for automobile service stations and vehicle repair shops
Mechanism
Requirement
Minimum Lot Area
1.0 ha
Minimum Lot Frontage
36 m
Maximum Lot Coverage
35%
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72
Mechanism
Requirement
Minimum Front Yard
15 m
Minimum Side Yard
4.5 m
Minimum Exterior Side Yard
7.5 m
Minimum Rear Yard
7.5 m
Maximum Building Height
10.5 m
Minimum Floor Area
40 m2
Minimum Landscaping Coverage
10%
Landscaped Buffer Strip
3.0 m
Open Storage
Prohibited, except for merchandise offered
for sale
9.1.4
RU Zone Exceptions
1.
(Reserved)
Zoning By-law
73
9.2
Agriculture Zone (AG)
1.
No person shall use any land or erect, alter or use any building or structure in the
Agriculture (AG) Zone except in accordance with the following zone regulations:
9.2.1
Permitted Uses
1.
Agricultural use;
2.
Animal shelter;
3.
Cannabis production facility;
4.
Conservation use;
5.
Equestrian establishment;
6.
Farm produce outlet;
7.
Forestry use;
8.
Kennel;
9.
Mineral exploration; and
10.
Single-detached dwelling.
Zoning By-law
74
9.2.2
AG Zone Regulations
1.
The provisions of Table 9.2-A shall apply to the permitted uses in the AG zone:
Table 9.2-A: AG Zone Regulations
Mechanism
Requirement
Minimum Lot Area
40 hectares
Minimum Lot Frontage
100 metres
Maximum Lot Coverage
15%
Minimum Front Yard
15 m
Minimum Side Yard
15 m
Minimum Exterior Side Yard
15 m
Minimum Rear Yard
15 m
Maximum Building Height
10.5 m
9.2.3
AG1 Subzone
1.
In the AG1 subzone, the following land uses are prohibited:
a.
Single-detached dwelling.
9.2.4
AG Zone Exceptions
1.
(Reserved)
Zoning By-law
75
9.3
Village Zone (V)
1.
No person shall use any land or erect, alter or use any building or structure in the
Village Zone (V) except in accordance with the following zone regulations:
9.3.1
Permitted Uses
1.
Single-detached dwelling;
2.
Artisan shop or studio;
3.
Bank;
4.
Clinic;
5.
Community centre;
6.
Convenience store;
7.
Day care;
8.
Farmer's Market;
9.
Hotel;
10.
Institutional use;
11.
Motel;
12.
Municipal service centre;
13.
Museum;
14.
Office;
15.
Park;
16.
Personal service establishment;
17.
Place of amusement;
18.
Place of assembly;
19.
Place of worship;
20.
Recreational commercial establishment;
21.
Residential care facility;
22.
Restaurant;
23.
Retail store;
Zoning By-law
76
24.
School; and
25.
Tavern.
9.3.2
V Zone Regulations
1.
The provisions in Table 9.3-A shall apply to the permitted uses in the V zone:
Table 9.3-A: V Zone Regulations
Mechanism
Requirement
Residential Uses
Non-Residential Uses
Minimum Lot
Area
1.0 ha.
1.0 ha.
Minimum Lot
Frontage
20 m
20 m
Maximum Lot
Coverage
10%
40%
Minimum
Front Yard
6 m
8 m
Minimum
Side Yard
4 m
6 m
Minimum
Exterior Side
Yard
6 m
8 m
Minimum
Rear Yard
10 m
15 m
Maximum
Building
Height
10.5 m
10.5 m
Zoning By-law
77
Mechanism
Requirement
Residential Uses
Non-Residential Uses
Minimum
Floor Area
No minimum
60 m2
Landscaped
Buffer Strip
None
3 m
9.3.3
V Zone Exceptions
1.
(Reserved)
Zoning By-law
78
9.4
Mobile Home Park Zone (MHP)
1.
No person shall use any land or erect, alter or use any building or structure in the
Mobile Home Park Zone (MHP) except in accordance with the following zone
regulations:
9.4.1
Permitted Uses
1.
Mobile home park.
9.4.2
MHP Zone Regulations
1.
The provisions of Table 9.4-A shall apply to the permitted uses in the MHP zone:
Table 9.4-A: MHP Zone Regulations
Mechanism
Requirement
Minimum Lot Area
2.0 hectares
Minimum Site Area Per Unit
275 m2
Minimum Lot Frontage
90 m
Maximum Lot Coverage
30%
Minimum Front Yard
9.0 m
Minimum Side Yard
7.5 m
Minimum Exterior Side Yard
9.0 m
Minimum Rear Yard
9.0 m
Maximum Building Height
4.0 m
2.
Minimum landscaped area for mobile home park: 10%
Zoning By-law
79
9.4.3
MHP Zone Exceptions
1.
(Reserved)
Zoning By-law
80
9.5
Industrial Zone (M1)
1.
No person shall use any land or erect, alter or use any building or structure in the
Industrial (M1) Zone except in accordance with the following zone regulations:
9.5.1
Permitted Uses
1.
Abattoir;
2.
Auto body shop;
3.
Cannabis production facility;
4.
Contractor's yard;
5.
Equipment sales, service, rental and repair establishment;
6.
Light industrial use (Class I Industry);
7.
Medium industrial use (Class II Industry);
8.
Heavy industrial use (Class III Industry);
9.
Open storage;
10.
Salvage yard; and
11.
Warehouse.
9.5.2
Conditional Uses
1.
A dwelling unit is permitted subject to the following:
a.
A maximum of 1 dwelling unit is permitted; and
b.
The dwelling unit is accessory to a permitted use for the purpose of
accommodating lodgings for a caretaker, owner or manager.
Zoning By-law
81
9.5.3
M1 Zone Regulations
1.
The provisions in Table 9.5-A shall apply to the permitted uses in the M1 zone:
Table 9.5-A: M1 Zone Regulations
Mechanism
Requirement
Minimum Lot Area
1 ha.
Minimum Lot Frontage
30 m
Maximum Lot Coverage
50%
Minimum Front Yard
15 m
Minimum Side Yard
10 m
Minimum Exterior Side Yard
10 m
Minimum Rear Yard
10 m
Maximum Building Height
12 m
Minimum Floor Area
140 m2
Minimum Landscaping Coverage
10%
Buffer Strip
3 m
Open Storage Location
May not be located in a front or exterior
side yard
Open Storage Setback
No minimum
Zoning By-law
82
Mechanism
Requirement
Open Storage Screening Requirements
Must be screened from adjacent streets by
means of fencing or landscape features
with a minimum height of 1.5 metres
1.
Where an industrial use in the M1 Zone includes an accessory retail and/or office
use, the retail or office use shall:
a.
Not exceed a combined 40 percent of the total floor area, if located in the
main building; and
b.
Not exceed a combined maximum floor area of 278 square metres, if located
in an accessory building.
9.5.4
M1 Zone Exceptions
1.
(Reserved)
Zoning By-law
83
9.6
Aggregate Industrial Zone (MX)
1.
No person shall use any land or erect, alter or use any building or structure in the
Aggregate Industrial (MX) Zone except in accordance with the following zone
regulations:
9.6.1
Permitted Uses
1.
Mineral aggregate operation; and
2.
Open storage.
9.6.2
MX Zone Regulations
1.
The provisions of Table 9.6-A shall apply to the permitted uses in the MX zone:
Table 9.6-A: MX Zone Regulations
Mechanism
Requirement
Minimum Lot Area
4.0 hectares
Minimum Lot Frontage
100 m
Minimum Excavation Setback
-
Front Lot Line
15 m
From Road Allowance
30 m
From Abutting Lands Used for Residential,
Institutional, Commercial or Recreational
Uses
300 m
Minimum Setback for Building,
Equipment, Machinery or Stockpiling
-
From Lot Line
30 m
From Road Allowance
30 m
Zoning By-law
84
Mechanism
Requirement
From Lands Used or Zoned for Residential
Purposes
90 m
Buffer Strip
Where an aggregate use abuts a
residential, institutional, commercial or
open space use, a buffer strip together with
screening measures shall be provided along
the property line having a minimum width
of 6.0 metres
Retail Use Area
80 square metres
Open Storage
230 square metres
9.6.3
MX Zone Exceptions
1.
(Reserved)
Zoning By-law
85
9.7
Waste Disposal Site Zone (WD)
1.
No person shall use any land or erect, alter or use any building or structure in the
Waste Disposal Site (WD) Zone except in accordance with the following zone
regulations:
9.7.1
Permitted Uses
1.
Solid waste disposal facility;
2.
Waste processing and transfer facility.
9.7.2
WD Zone Regulations
1.
The provisions of Table 9.7-A shall apply to the permitted uses in the WD zone:
Table 9.7-A: WD Zone Regulations
Mechanism
Requirement
Minimum Lot Area
20 hectares
Minimum Lot Frontage
100 m
Minimum Front Yard
30 m
Minimum Side Yard
30 m
Minimum Rear Yard
30 m
Maximum Building Height
10.5 m
Minimum Landscaped Area
20%
9.7.3
WD Zone Exceptions
1.
(Reserved)
Zoning By-law
86
9.8
Open Space Zone (OS)
1.
No person shall use any land or erect, alter or use any building or structure in the
Open Space (OS) Zone except in accordance with the following zone regulations:
9.8.1
Permitted Uses
1.
Boat launch;
2.
Campground;
3.
Cemetery;
4.
Community garden;
5.
Conservation use;
6.
Driving range;
7.
Fairground;
8.
Farmer's market;
9.
Golf course;
10.
Marina;
11.
Park; and
12.
Wildlife management.
9.8.2
OS Zone Regulations
1.
The provisions of Table 9.8-A shall apply to the permitted uses in the OS zone:
Table 9.8-A: OS Zone Regulations
Mechanism
Provisions
Minimum Lot Area
0.4 hectares
Minimum Lot Frontage
30 m
Minimum Front Yard
10 m
Minimum Rear Yard
10 m
Minimum Interior Side Yard
10 m
Minimum Exterior Side Yard
10 m
Zoning By-law
87
Mechanism
Provisions
Maximum Height
10.5 m
Maximum Lot Coverage
15%
Maximum Floor Area Per Building
50 m2
9.8.3
OS Zone Exceptions
1.
(Reserved)
Zoning By-law
88
9.9
Conservation and Environmental Protection Zone (CEP)
1.
No person shall use any land or erect, alter or use any building or structure in the
Conservation and Environmental Protection (CEP) Zone except in accordance with
the following zone regulations:
9.9.1
Permitted Uses
1.
Agricultural use;
2.
Conservation use;
3.
Forestry use;
4.
Mineral exploration;
5.
Park; and
6.
Wildlife management.
9.9.2
CEP Zone Regulations
1.
No fill shall be placed on or removed from land in the CEP zone, whether
originating on such lands or elsewhere.
9.9.3
CEP Zone Exceptions
1.
Notwithstanding the uses permitted in Section 9.9.1, on lands zoned CEP(1), only
the following uses shall be permitted:
a.
Conservation use.
Zoning By-law
89
Schedules
Zoning Map A: Township of La Vallee