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Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 92
Section 20 DEFINITIONS
20.0 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and
interpretations given in this Section shall govern. In this
By-law, the word "shall" is mandatory and not directory;
words in the singular include the plural, words in the
plural include the singular; the word "used" includes
"arranged", "designed" or "intended to be used". The
word "occupied" shall include "designed to be occupied"
and "arranged to be occupied".
20.A
Abattoir
Shall mean a building, structure or lot or part thereof, licensed, and used for the
slaughter of livestock or other animals for the purpose of processing or rendering.
Accessory Building - see Building, Accessory
Accessory
When used to describe a use, building or structure, means a use, building or
structure naturally or normally incidental, subordinate and exclusively devoted to
a main use, building or structure and located on the same lot therewith.
Adventure Game
Shall mean an outdoor sport or recreation operated commercially in which
participants attempt to capture a flag or some other object and return it to their
home base, and may carry one or more of the following equipment: paint pellet
2
pistols with a CO cartridge, paint pellets, safety goggles to prevent pellets from
striking participant's eyes, and armbands to identify team participants.
Adult Video Rental Outlet see Video Rental Outlet, Adult
Adverse Effects
Shall mean one or more of:
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a)
Impairment of the quality of the natural environment for any use
that can be made of it;
b)
injury or damage to property or plant and animal life;
c)
harm or material discomfort to any person;
d)
an adverse affect on the health of any person;
e)
impairment of the safety of any person;
f)
rendering any property or plant or animal life unfit for use by
humans;
g)
loss of enjoyment of normal use of property; and
h)
interference with normal conduct of business. (Provincial Policy
Statement)
Aggregate
Shall mean 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. (Provincial Policy Statement)
Agricultural Product Processing Establishment
Shall mean a use, building or structure where animal or vegetable products
derived from an agricultural use are processed or manufactured for subsequent
sale or distribution.
Agricultural Use
Shall mean a use of land, building or structure including a farm used for:
a)
the growing of crops, including all related activities such as soil
preparation, manure or fertilizer spreading, planting, spraying, grain
drying, irrigating, harvesting and also including the storage and sale of the
crops;
b)
animal husbandry including the raising, boarding, and keeping of all forms
of livestock and fish, and all related activities such as breeding, training,
feeding and grazing;
c)
the production of animal products such as milk, eggs, wool, fur, or honey,
including related activities such as the collection, storage and sale of the
products; and
d)
including the use and storage of all forms of equipment or machinery
needed to accomplish the foregoing activities.
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Agricultural use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, other than a Farm
Produce Outlet, or manufacturing and processing activities involving farm crops
or animal products such as cheese factories, grain mills or retail seed sales, but
may include the production and incidental sale of maple syrup and maple syrup
related products.
Airfield, Private
Shall mean land used for the purpose of landing, storing, taxiing or taking off of
private aircraft and uses, buildings and structures accessory thereto, but shall not
include a commercial airport or airport governed by the Aeronautics Act.
Alter
Shall mean:
a)
When used in reference to a building, structure or part thereof, means:
i)
to change any one or more of the external dimensions of such
building or structure; or
ii)
to change the type of construction of the exterior walls or roof of
such building or structures; or
iii)
to change the use of such building or structure or the number or
types of uses or dwelling units contained therein.
(b)
When used in reference to a lot means:
i)
to change the boundary of such lot with respect to a street or lane;
or
ii)
to change any dimension or area, relating to such lot; or
iii)
to change the use of such lot or the number of uses located thereon.
(c)
When used in reference to a shoreline:
i)
means to change, straighten, divert or interfere in any way with the
channel of any watercourse.
Artisan Shop - See Studio
Assembly Hall - see Place of Assembly
Township of Lanark Highlands Zoning By-law No. 2003-451
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Attached
Shall mean a building or structure otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in
common with adjacent buildings or structures.
Attic
Shall mean that portion of a building immediately below the roof and wholly or
partly within the roof framing, which is not used as a habitable room.
Auditorium - see Place of Assembly
Auto Body Shop
Shall mean an establishment where automotive cleaning, polishing, body repair or
repainting is conducted, but shall not include a salvage yard.
Auto Repair Garage
Shall mean a building used for the storage, repair and servicing of motor vehicles,
having at least one (1) service bay, where repairs essential to the actual operation
of a vehicle are performed.
Automotive Sales Establishment
Shall mean a building and/or lot used for the display and sale of new and used
motor vehicles and may include the servicing, repair, and cleaning of motor
vehicles, the sale of automotive accessories and related products and the leasing or
renting of motor vehicles, but shall not include any other automotive use defined
in this By-law.
Automotive Service Station (see also Gasoline Retail Facility)
Shall mean a building where gasoline, propane, oil grease, anti-freeze, tires, spark
plugs and other automotive accessories are kept for retail sale, and where motor
vehicles may be oiled, greased, or repaired but shall not include any other
automotive use defined in this By-law.
20. B
Bank
Shall mean a chartered bank, finance company office, co-op, trust company, loan
company or similar establishment.
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Bake Shop
Shall mean an establishment where the producing, mixing, compounding or
baking of bread, biscuits or other bakery products is undertaken and may include
the retail sale on the premises of the finished products.
Basement
Shall mean that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height from finished floor to
finished ceiling above the average level of ground adjacent to the exterior walls of
the building. (See illustration)
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Batch Plant, Asphalt or Concrete
Shall mean an industrial facility used for the production of asphalt, concrete or
similar products, used in building or construction and includes facilities for the
administration or management of the business, the stockpiling of bulk materials
used in the production process of finished products manufactured on the premises
and the storage and maintenance of required equipment
Bed and Breakfast Establishment
Shall mean a dwelling in which guest rooms are made available for the temporary
accommodation of the travelling or vacationing public. Such an establishment
may offer meals to those persons temporarily residing in the establishment
(guests).
Berm
Means a landscaped mound of earth. (See also Landscaped Open Space)
Bingo Hall
Shall mean a building or premise or part thereof used for bingo or a bingo event
and is duly registered under the Gaming Control Act and is in compliance with
municipal By-laws and approvals.
Boarding House or Rooming House
Shall mean a dwelling or portion thereof used for the accommodation of up to ten
(10) persons in which the owner or head lessee supplies, for compensation,
lodging with or without meals but does not include any other establishment
otherwise defined in this By-law.
Boat House
Shall mean a building or structure or part thereof not over 4.8 m (15.7 ft.) in
height, used for the storage of private boats and equipment accessory to their use,
as an accessory use to a residential use, no part of which shall be used for any
residential or commercial purpose. Despite anything in the foregoing to the
contrary, rooftop decks or patios and screened enclosures (i.e. gazebos) shall be
allowed provided that the total aggregate height of all boat house structures does
not exceed the maximum height limit by more than 1.2 m (4.0 ft.). This definition
shall not be deemed to limit the construction of a boat house or boat livery in
association with a marina.
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Building
Shall mean a structure used for sheltering any use or occupancy. The word
"building" shall include the whole of such structure or part thereof and shall
include any building types as regulated by the Ontario Building Code.
a)
Accessory Building shall mean a building not used for human habitation
customarily incidental and subordinate to the principal use or building and
located on the same lot with such principal use or building.
b)
Attached Building - see Attached
c)
Main Building shall mean a
building in which is
conducted the principal uses
of the lot on which it is
situated. In any residential
zone a dwelling containing
one or more dwelling units
shall be deemed to be a Main
Building on the lot on which
it is situated. (See illustration)
d)
Temporary Building shall
mean a building or structure
intended for removal or
demolition within a
prescribed time as set out in a building permit.
Building Envelope
Means the buildable area
on a lot, as defined by all
of the required yards and
setbacks and the
maximum height
provisions, within which a
building can be erected.
(See illustration)
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Building Height
Shall mean the vertical distance between the finished grade and the exterior
surface of a flat roof, the deck line of a mansard roof or the mean height between
the bottom of the eave and the highest point of the roof surface for any other type
of roof. (See illustration)
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Normal required setback is the greater of the average setback or 14 m from the
centre line of a municipal road or 17 m from a County Road. Established
setback applies within a village or hamlet only.
Building Line
Shall mean a line within a lot drawn parallel to a lot line establishing the
minimum distance between that lot line and any portion of a building or structure
which may be erected under the provisions of this By-law. (See illustration)
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Building Official
Shall mean the officer or employee of the Corporation of the Township of Lanark
Highlands charged with the duty of enforcing the provisions of the Building Code
Act.
Building Setback - see Setback
Building Supply Outlet
Shall mean a building or part of a building or a place where building supplies such
as lumber, millwork, siding, roofing, plumbing, electrical, heating, air
conditioning, home improvement and similar goods are stored, displayed or kept
for sale at retail or wholesale.
Business Office - see Office
20. C
Camp (Hunt Camp, Fishing Camp)
Shall mean a building or structure intended to provide basic shelter and
accommodation on a temporary basis for persons engaged in such activities as
hunting, fishing, snowmobiling, hiking or other similar forms of recreation.
Camping Ground
Shall mean a tourist camp owned and operated by the Corporation or the County,
any local board of either the Corporation or the County, a Conservation Authority,
or any Ministry or Commission of the Governments of Ontario or Canada. (See
also Recreation Camp, Recreational Vehicle Park)
Campsite
Shall mean a plot or parcel of land within a campground intended for the
exclusive temporary occupancy by a recreational vehicle, tent or similar
transportable accommodation together with all yards and open space and may
include on-site services such as a fire pit, hydro, water and sewage disposal.
Carport
Shall mean covered parking structure, the perimeter of which is open on at least
two sides, which is used primarily for storage of one or more vehicles.
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Car Washing Establishment
Shall mean a building or portion thereof used for the manual or mechanical
washing or cleaning of motor vehicles for gain.
Cellar
Shall mean that portion of a building between two floor levels which is partly
underground and which has more than one-half of its height from finished floor to
finished ceiling below the grade adjacent to the exterior walls of the building. (See
illustration p. 96)
Cemetery
Shall mean land or a structure that is set apart or used as a place for the interment
of the dead or in which the remains of human bodies are stored and is governed
under the Cemeteries Act.
Chief Building Official - see Building Official
Chip Wagon - see Licensed Refreshment Sales Vehicle
Church - see Place of Worship
Cinema/Theatre
Shall mean a building or part of a building used for the commercial presentation
of motion pictures, theatrical and other staged entertainment, but specifically
excluding drive-in theatres.
Clinic
Shall mean a building or part of a building used for the medical, dental, surgical,
or therapeutical treatment of human beings but does not include accommodation
for in-patient care, or a public or private hospital.
Club
Shall mean premises used as a meeting place by an association of dues-paying
members which owns, hires or leases the premises; the use of such premises being
restricted to members and their guests for social, recreational or athletic purposes.
Commercial Fishing or Hunting Camp
Shall mean buildings or premises or a structure intended to provide basic
accommodation on an occasional basis for hunting and/or fishing purposes
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including a fish farm for angling and which buildings are constructed in
accordance with the Building Code standards for cottages.
Commercial Garden
Shall mean lands used for the growing of flowers, vegetables, shrubs, trees and
similar vegetation for wholesale or retail sale. This definition shall include a
building or part of a building or a place where gardening supplies such as
gardening equipment, products and planting materials are stored, displayed or kept
for sale at retail or wholesale.
Commercial Greenhouse
Shall mean a building used for the growing of flowers, vegetables, shrubs, trees,
and similar vegetation for wholesale or retail sale. This definition shall not
include any premises for the growing of mushrooms.
Commercial Sports or Recreation Facility
Shall mean a use of land, buildings or structures for the provision of facilities such
as golf driving ranges, mini-golf, water slides, go-kart tracks and batting cages.
Commercial Vehicle
Shall mean a motor vehicle having permanently attached thereto a truck or
delivery body and includes ambulance, hearses, fire apparatus, police patrols,
motor buses, tractors, transport trucks (rigs), delivery vans, courier services and
similar vehicles used for a commercial trade.
Communications Facility
Shall mean an installation which transmits, receives and/or relays communications
such as a microwave relay tower, telephone, cellular telephone tower, radio or
television broadcast tower or similar facility.
Community Center - see Place of Assembly
Condominium
Shall mean land and or buildings under the control of a corporation under the
Condominium Act in which the land or the units and their appurtenant common
interests are held in fee simple or be leasehold by the owners.
Conservation Use
Shall mean the use of land which is intended to remain open in character, with the
Township of Lanark Highlands Zoning By-law No. 2003-451
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priority use given to the preservation of its natural state or special environmental
quality and may include commercial and non-commercial recreational uses,
forestry and agriculture only if conservation of the resource is not jeopardized.
Contractor's Yard
Shall mean premises used for the storage of materials and the parking and storage
of vehicles and equipment used in undertaking construction, trades and similar
projects, including accessory uses such as an office.
Convenience Store
Shall mean a building or part of a building used primarily for the sale of grocery
and confectionery items and incidentally for the sale of such other merchandise as
is required to fulfil the day to day needs of a surrounding area.
Converted Dwelling - see Dwelling, Converted
Corporation
Shall mean the Corporation of the Township of Lanark Highlands.
Council
Shall mean the Council of the Corporation of the Township of Lanark Highlands.
County
Shall mean the Corporation of the County of Lanark.
Custom Workshop
Shall mean a building or part of a building where non-offensive, non-dangerous
custom production of articles or things is carried on but does not include an
establishment where the manufacture of goods is performed on a mass production
or assembly line basis nor any industrial use otherwise defined in this By-law.
20. D
Day Nursery
Shall mean a day nursery as defined in the Day Nurseries Act.
Deck
Shall mean a structure abutting a dwelling or building with no roof or walls except
Township of Lanark Highlands Zoning By-law No. 2003-451
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for visual partitions and railings which is constructed on piers or a foundation
above-grade for use as an outdoor living area.
Deer Yard
Shall mean an area where deer concentrate during the winter months.
Density
Shall mean the ratio between the number of dwelling units and the total lot area.
Derelict Motor Vehicle
Shall mean a motor vehicle that is inoperable as a means of transportation and
does not qualify to be licensed under the Highway Traffic Act.
Detached
When used in reference to a building, shall mean a building which is not
dependent on any other building for structural support or enclosure.
Development
Means the creation of a new lot, a change in land use, or the construction of
buildings and structures requiring approval under the Planning Act; but does not
include activities that create or maintain infrastructure authorized under an
environmental assessment process; or works subject to the Drainage Act.
(Provincial Policy Statement)
Dock, Floating
Shall mean an accessory structure used for the mooring of marine vessels which is
designed to float freely on the surface of the water body and which may be
secured to the shoreline. (See illustration p. 106)
Dock, Permanent
Shall mean an accessory structure used for the mooring of marine vessels which is
secured to the shoreline and/or the bottom of the water body by concrete, metal or
wood pillars or such other foundation, the design of which facilitates the
construction of a more or less permanent structure. (See illustration p. 106)
Driveway
Shall mean an unobstructed passageway used to provide vehicular access to one
lot to a public highway, right-of-way or private road. This definition shall include
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shared driveway where such driveway provides access to no more than two lots.
Dry Cleaning/Laundry Outlet
Shall mean a building used for the purpose of receiving goods of fabric primarily
for distribution to a Dry Cleaning/Laundry Plant. Such establishment may also
include the cleaning, minor tailoring or repair and associated processing on site of
such goods of fabric as are brought by the household customer but shall not
include the cleaning or associated processing of such goods of fabric as brought in
bulk by non-household customers.
Dwelling
Shall mean a building used or intended to be used for human habitation and in
which all usual domestic functions may be carried on, but shall not include any
uses specified under Section 4.17 - Home Based Businesses of this By-law or
any tourist establishment as defined herein.
Dwelling, Accessory
Shall mean a single detached dwelling which is accessory to a permitted non-
residential use, located on the same lot therewith and is occupied either by the
family of the owner of such non-residential use or by the family of a person
employed on the lot where such dwelling is located.
Dwelling, Accessory Apartment
Shall mean a separate and self-contained dwelling unit (e.g. includes cooking,
sanitation and sleeping facilities) in or added to a single detached dwelling unit
and which has a separate entrance. Examples include an apartment in a house or a
basement apartment.
Dwelling, Apartment
Shall mean a building consisting of four or more independent dwelling units
which have a common entrance from street level and are served by a common
corridor.
Dwelling, Converted
Shall mean a building originally constructed as a single detached dwelling unit
which has been converted but not enlarged by partition and/or the addition of
sanitary and cooking facilities into two dwelling units.
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Dwelling, Duplex
Shall mean a building that is divided horizontally into two separate dwelling units
each of which has an independent entrance. (See illustration)
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Dwelling, Mobile Home
Shall mean any dwelling that is designated to be made mobile, and constructed or
manufactured in accordance with current CSA standards and the provisions of the
Building Code to provide a residence for one or more persons, but does not
include a park model unit, a travel trailer, tent trailer or trailer otherwise designed.
Dwelling, Park Model Trailer
Shall mean a manufactured building designed and constructed in conformance
with CAN/CSA-Z241 Series M "Park Model Trailer" as set out in the Building
Code, and is used or intended to be used for accommodation on a seasonal or
recreational basis only.
Dwelling - Row or Townhouse
Shall mean a building consisting of a series of three (3) or more dwelling units in
a continuous row divided vertically into separate units by a common wall above
grade. (See illustration)
Dwelling, Seasonal
Shall mean a single detached dwelling used as an occasional resort for vacation,
recreation, rest and relaxation purposes by a person who regularly resides at
another location.
Dwelling, Semi-detached
Shall mean a building that is divided vertically into two dwelling units, each of
which has an independent entrance. (See illustration p. 108)
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Dwelling, Single detached
Shall mean a detached building of not more than one dwelling unit. (See
illustration p. 108)
Dwelling, Triplex
Shall mean the whole of a dwelling that is divided horizontally and/or vertically
into three separate dwelling units each of which has an independent entrance
either directly from the outside or through a common entrance. (See illustration p.
108)
Dwelling Unit
Shall mean a building occupied or capable of being occupied as the home or
residence of one or more persons, where food preparation and sanitary facilities
are provided, but shall not include a boarding house, hotel, motel, rental cottage
or cabin or similar commercial use of a private or semi-private institution.
20.E
Easement
Shall mean the legal right acquired by contract to pass over, along, upon or under
the lands of another.
Equestrian Establishment
Shall mean an establishment primarily engaged in the operation of a riding
academy or riding stables.
Equipment Rental Establishment
Shall mean land, buildings or structures wherein the primary use is the rental of
machinery, equipment, furniture and fixtures or other goods.
Erect
Shall mean build, construct, reconstruct, remove or relocate and shall include any
preliminary physical operations such as cutting, grading, excavating, filling or
draining, or any altering of an existing building by an addition, extension, or other
structural change or the doing of any work for which a building permit is required
under the Building By-law of the Corporation. The words "erected" and
"erection" shall have corresponding meanings.
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Established Building Line
Shall mean the average setback from the centre line of a street of existing
buildings on one side of a continuous 300 m (984.2 ft.) strip of land where three
(3) or more of the lots having street frontage upon the said side of the street or
road have been built upon. Such definition shall apply only to a village or hamlet.
(See illustration p. 16)
Established Grade
Shall mean:
a)
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.
b)
when used with reference to a structure, the average elevation of the
finished surface of the ground immediately surrounding such structure;
c)
when used with reference to a street, road or highway, the elevation of the
street, road or highway.
Existing
Shall mean existing on the day of the final passing of this By-law by Council.
Exterior Side Lot Line - see Lot Line, Exterior Side
20. F
Fairgrounds
Shall mean an area maintained for the purpose of presenting an annual fair and
may include exhibit buildings, livestock buildings, the stabling of horses, the
storage and sales (e.g. auction sales, trade shows), booths and refreshment
pavilions, public and private parks including temporary camping facilities solely
associated with functions on the fairgrounds, recreational activities (e.g. midway)
associated with a fair and ancillary uses.
Farm Implement Sales and Repair Establishment
Shall mean a building, structure or area where farm equipment and farm supplies
are kept for sale, lease or loan and where such equipment may be repaired or
serviced.
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Farm Produce Outlet
Shall mean a use accessory to a farm which consists of the retail sale of
agricultural products produced on the farm where such outlet is located.
Farmer's Market
Shall mean an establishment or premises where the farm products of a local
farming community are sold at retail from covered or uncovered areas designed
for individual retailers.
Feed Mill
Shall mean a building or structure used for the processing, sale or distribution of
food products, meal or feeds including other nutritional or dietary products
specifically produced for domestic livestock or domestic pets.
Fence
Shall mean any barrier or structure constructed of chain link metal, wood, stone,
metal, brick or other similar materials or combinations of such materials which is
erected for the purpose of screening, safeguarding, retaining or enclosing property
or delineating property lines. A fence may include a solid or continuous hedge as a
component.
Fish Habitat
Shall mean the spawning grounds and nursery, rearing, food supply, and migration
areas which fish depend directly or indirectly in order to carry out their life
processes. (Provincial Policy Statement)
Fishing or Hunting Camp - see Camp
Flea Market
Shall Mean
a)
a building or part of a building where second hand goods, articles and
antiques are offered or kept for retail sale to the general public but shall
not include any other retail establishment otherwise defined herein;
b)
an occasional or periodic market or sales event held in an open area, which
may include a street, or within a building or structure where independent
sellers offer goods, new and used, for sale to the public, but not including
private garage sales;
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c)
a building or open area in which stalls or sales areas are set aside and
rented or otherwise provided, and which are intended for use by various
unrelated individuals to sell articles that are either home grown, home
made, handcrafted, old, obsolete, or antique and may include the selling of
goods at retail by businesses or individuals who are generally engaged in
retail trade.
Ancillary uses to a flea market shall include administrative services, food
concessions and recreational facilities.
Flood Plain
Shall mean the area usually low lands, adjoining a watercourse which has been, or
may be subject to flooding hazards (see illustration). (Provincial Policy Statement)
Flooding Hazards
Shall mean the inundation by the 100 year flood of lands or areas adjacent to a
shoreline or a river or stream system and not ordinarily covered by water.
Flood Proofing
Shall mean a combination of structural changes and/or adjustments incorporated
into the basic design and/or construction or alteration of individual buildings,
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structures or properties subject to flooding so as to reduce or eliminate flood
damages.
Floor Area
Shall mean the horizontal area of a storey, measured between the exterior faces of
the exterior walls and at the floor level of such storey.
a)
Dwelling Unit Area
Shall mean the aggregate of the floor areas of all habitable rooms in a
dwelling unit, but excluding the thickness of any exterior walls.
b)
Gross Floor Area
Shall mean the aggregate of all of the floor areas of a building or structure.
c)
Ground Floor Area
Shall mean the floor area of the ground floor of a building, and in the case
of a dwelling, excludes any portion of such first storey which is not a
habitable room.
Forestry Use
Shall mean the planting, managing and harvesting of timber resources including
the cultivation of Christmas trees.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Frontage - see Lot Frontage
Fuel Depot
Shall mean land, building or structures used for the bulk, storage, distribution and
sale of gasoline, propane, heating oil, motor oil or other fuels.
Funeral Home
Shall mean a building or part of a building wherein undertaking services are
offered and may include subsidiary activities such as the sale of caskets and
funeral accessories, memorial services, provided such activities are clearly
secondary and incidental to the main undertaking service.
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20. G
Garage
Shall mean an enclosed accessory building or portion of a main building used for
the parking or storage of motor vehicles and household equipment incidental to
the residential occupancy.
Garden Centre
Shall mean an establishment used for the retail sale of gardening equipment,
products and planting materials.
Garden Suite
Shall mean a one-unit detached residential structure containing bathroom and
kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable.
Gasoline Retail Facility (Gas Bar)
Shall mean an establishment where the retail sale of gasoline or other petroleum
products for motor vehicles constitutes the sole use, such as a gas bar, or an
accessory use such as a self serve facility in combination with a retail store. This
definition shall not include an automotive service station. (See also Automotive
Service Station)
Gazebo
Shall mean a freestanding, roofed accessory structure which is not enclosed,
except for screening or glass and which is utilized for the purposes of relaxation,
normally in conjunction with a residential dwelling but shall not include any other
use or activity otherwise defined or classified in this By-law.
Golf Course
Shall mean a public or private area or premises operated for the primary purpose
of playing golf but may also include such uses, buildings and structures as are
necessary for the operation and maintenance of the golf course such as a club
house, restaurant, banquet, conference and other uses of a social, recreational and
entertainment nature normally associated with a golf course. A golf course shall
also include a driving range.
Grade - see Established Grade
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Ground Floor
Shall mean the floor that is level with or immediately above grade.
Group Home
Shall mean a single housekeeping unit in a residential dwelling in which three (3)
to ten(10) persons (exclusive of supervisory staff or operating staff) live under
supervision consistent with the particular needs of its residents and which is
licensed and/or approved under Provincial Statutes and in compliance with
municipal By-laws.
20. H
Habitable Room
Shall mean a room designed for living, sleeping, eating, or food preparation,
including a den, library, sewing room, or enclosed sun room.
Hamlet or Village
Shall mean lands within the boundaries of a built-up community, as described and
illustrated in the Official Plan for the Corporation, where development is
concentrated and includes vacant lots and vacant lands.
Height - see Building Height
Heliport
Shall mean a designated public or private landing pad where helicopters can land
or take off.
High Water Mark
Shall mean 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 (see also Public Highway)
Shall mean a public improved road under the jurisdiction of the Province of
Ontario.
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Hobby Farm
Shall mean a lot primarily used for residential purposes where accessory uses may
include small scale market gardening for retail sale, a Farm Produce Outlet and/or
the keeping of up to five (5) farm animals for the personal use or breeding by the
residents living thereon.
Holding Zone
Shall mean a zone established under the enabling authority of Section 36 of the
Planning Act where uses may be permitted subject to meeting certain conditions
set out in the Official Plan.
Home Based Business
Shall mean a legal business or occupation conducted for gain in a dwelling unit or
an accessory building, which is an accessory use or clearly secondary to the
principal residential use and falls within any of the following categories:
a)
Professional and Consulting Services
b)
Personal Services
c)
Instructional Services
d)
Home Craft Businesses
e)
Private Daycare
f)
Offices for Contractors and Trades Businesses
g)
Repair Services
h)
Information or High Technology Services
i)
Transportation Services
j)
Distribution sales offices or mail order sales
k)
Maple Syrup production and value added products
l)
Tourist Outfitting for outdoor recreation
m)
Farm Produce Outlet
Home for the Aged, Nursing Home, or a Long Term Care Facility
Means a building or premises used in accordance with the provisions of the
Nursing Homes Act, or the Homes for the Aged and Rest Homes Act, the Long-
Term Care Act or a home for the aged as provided for under the Charitable
Institutions Act respectively, and amendments thereto. (See also Retirement
Home)
Home Occupation - see Home Based Business
Hotel
Shall mean a separate building, or two or more connected or adjacent buildings,
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used mainly for the purpose of catering to the needs of the travelling public by the
supply of food and also by the furnishing of sleeping accommodation of not less
than six (6) bedrooms as distinguished from any other building or connected
buildings used mainly for the purpose of supplying food and lodging such as a
boarding house.
20. I
Industrial Use shall mean the use of land, building, or structure for the purpose
of manufacturing, assembling, making, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, or storage or adapting for sale
of any goods, substances, article or thing, or any part thereof and the storage of
building and construction equipment and materials, as distinguished from the
buying and selling of commodities and the supplying of personal services.
Class I Industry - Light Industrial
Shall mean a place of business for a small scale, self contained plant or building
which produces, manufactures, assembles or stores a product which is contained
in a package and has a low probability of fugitive emissions e.g. noise, odour, dust
and vibration. Such industries operate in the daytime only with infrequent
movement of products and /or heavy trucks and no outside storage. Examples
include electronics manufacturing and repair, high technology industries, furniture
repair and refinishing, beverage bottling, package and crafting services, small
scale assembly, auto parts supply.
Class II Industry - Medium Industrial
Shall mean a place of business for medium scale process and manufacturing with
outdoor storage of wastes or materials (e.g. it has an open process) and where
there are periodic or occasional outputs of fugitive emissions e.g. noise, odour,
dust and/or vibration. Shift operations occur and there is frequent movement of
products and /or heavy trucks during daytime hours. Examples include dry
cleaning services, printing establishments, paint spray booths, welding shops,
courier and transport services, heavy vehicle repairs, bulk fuel storage, raw
product storage (aggregates, logs/lumber), warehousing, contractors yard.
Class II Industry - Medium Industrial
Shall mean large scale industries with substantial variations in industrial
processes, shift operations, large production volumes, outdoor storage of raw and
finished products and therefore emissions e.g., noise vibration, odour, particulate
and gaseous discharges or combinations may be anticipated. Examples of heavy
industries include refineries, salvage yard, pulp and paper mill etc.
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Influence Area
Shall mean an area adjacent to an industrial use, waste management facility,
septage site, waste water treatment facility, or an area outside of lands licensed as
a pit or quarry where a sensitive land use may be subject to one or more adverse
effects.
Institutional Use
Shall mean a building used for non-commercial purposes and operated by an
organized body or society, including churches, schools, day care centres,
municipal service facilities, homes for the aged, facilities for charitable
organizations, social service clubs and public hospitals.
20. J
Junk Yard - see Salvage or Wrecking Yard
20. K
Kennel shall mean any premises where domestic pets, birds or other livestock are
kept or boarded or bred as a commercial service.
20. L
Lane
Shall mean a subsidiary public thoroughfare or way which affords a secondary
means of access to abutting property.
Landscaped Open Space
Shall mean a combination of trees, shrubs, flowers, grass or other horticultural
elements, together with decorative stonework, paving, screening or other
architectural elements, all of which is designed to enhance the visual amenity of a
property and/or to provide a screen to mitigate any objectionable adjacent land use
but does not include parking areas, traffic aisles or driveways or ramps for
vehicles.
Laundromat
Means a building or structure where coin-operated laundry machines, using only
water, detergents and additives, are made available to the public for the purpose of
laundry cleaning.
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Licensed Refreshment Sales Vehicle
Shall mean a vehicle which is currently licensed pursuant to the Highway Traffic
Act and which is equipped for the preparation, storage, heating, cooking, cooling
or sale of foodstuffs or beverages within or from the vehicle and may include
exterior seating e.g. picnic tables.
Livestock Facility
Shall mean livestock barns where animals or poultry are housed, including beef
feedlots, and the associated storage of manure. (Provincial Policy Statement)
Livestock Sales Outlet
Shall mean a building or structure where livestock such as cattle, goats, sheep,
horses or the young thereof are bought and sold.
Loading Space
Shall mean a space or bay located on a lot or within a building which is used or
intended to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise, or materials in connection with the use
of the lot or any building thereon, and which has unobstructed access not
necessarily in a straight line to a street or lane.
Lot
Shall mean a parcel or tract of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act.
Lot Area
Shall mean the total horizontal area within the lot lines of a lot.
Lot, Corner
Shall mean a lot situated at the intersection of two or more streets or on the
inner side of a bend in a single street having an angle of intersection or bend of
not more than one hundred and thirty-five degrees. (See illustration p. 121.)
Lot Coverage
Shall mean the percentage of lot area covered by the ground floor area of all
buildings located thereon.
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Lot Depth
Shall mean the horizontal distance between the front and rear lot lines. If the front
and rear lot lines are not parallel, "lot depth" means the length of a straight line
joining the middle of the front lot line with the middle of the rear lot line. If there is no
rear lot line, "lot depth" means the length of a straight line joining the middle of the front
lot line with the apex of the triangle formed by the side lot lines. (See illustration p. 122.)
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Lot Frontage
Shall mean the width of a lot measured between the points of intersection of the
side lot lines with a line 7 m (22.9 ft.) back from and parallel to the front lot line.
Where such lot lines are not parallel the lot frontage shall be measured
perpendicularly from the line joining the centre of the front and rear lot lines at a
point 7 m (22.9 ft.) from the front lot line. (See illustration above and p. 121)
Lot, Interior
Shall mean a lot situated between adjacent lots and having frontage on only one
street. (See illustration p. 121)
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Lot Line
Shall mean the boundary of a lot or the vertical projection thereof.
Lot Line - Exterior Side
Shall mean a lot line located between the front and rear lot lines and dividing the
lot from a street. (See illustration below)
Lot Line, Front
Shall mean the lot line that divides a lot from the street, provided that in the case
of corner or through lot, the shorter lot line abutting a street shall be deemed to be
the front lot line. In the case of a through lot or corner lot where the lot lines are
the same length, the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line. In the case of a standard waterfront lot, the
shoreline shall be deemed to be the front lot line. In the case of a through
waterfront lot, the shortest shoreline shall be deemed to be the front lot line. (See
illustration below)
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Lot Line, Rear
Shall mean the lot line furthest from and opposite to the front lot line. If a lot has
less than four lot lines there shall be deemed to be no rear lot line. (See illustration
p. 123.)
Lot Line, Interior Side
Shall mean any lot lines other than the front lot line and the rear lot line. (See side
lot line illustration p. 123.)
Lot, Through
Shall mean a lot bounded on two opposite sides by streets. (See illustration p.
121.)
Lot Width
Shall mean the average horizontal dimension between the two longest opposite
sides.
Lumber Yard
Shall mean a lot and accessory buildings or structures where the primary use is the
storage of construction grade wood and building supplies for sale at retail or
wholesale.
20. M
Main Building - see Building, Main
Main Wall
Shall mean any exterior walls of a building and all structural members essential to
the support of fully enclosed space of roof exclusive of permitted projections.
Maple Syrup Processing Establishment
Shall mean land, buildings and/or structures used to collect, manufacture, and/or
store maple syrup products produced on the property where such use is
established. This also includes the retail sales of maple syrup (value-added)
products as well as a building or structure used as a pancake house style restaurant
in operation.
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Marina
Shall mean a lot, building and/or structure on a water body with or without
docking facilities where boats and boat accessories are berthed, constructed,
stored, serviced, repaired or kept for sale or rent and where the accessory facilities
for the sale of marine fuels, lubricants, parts and boating accessories may be
provided.
Marine Facility
Shall mean a non-commercial building or structure which is used to moor, berth,
or store a boat. This definition may include a boat launching ramp, a boat lift,
marine railway, dock or boat house, but does not include any building used for
human habitation or a marina. A marine facility shall also include a water intake
facility and any flood or erosion control structure.
Maximum shall mean the greatest number or amount permitted.
Medical Clinic- see Clinic
Medical Practitioner
Shall mean a doctor, dentist, chiropractor, osteopath, optometrist, or oculist duly
qualified and licensed to practice medicine but does not include a veterinarian.
Mine
Shall mean a mine as defined in the Mining Act. Mining shall have a similar
meaning
Mine Hazard
Shall mean any feature of a mine as defined under the Mining Act or any related
disturbance of the ground that has not been rehabilitated. (Provincial Policy
Statement)
Miniature Golf Course
Shall mean an area of land, building or structure or premises or part thereof
operated for profit or gain as a commercial place of amusement in which facilities
are provided to stimulate the game of golf or any aspect of the game on a small
scale, but does not include a golf ball driving range.
Minimum
Shall mean the least or smallest amount or number permitted.
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Mini Warehouse and Public Storage
Shall mean a commercial building or part of a building wherein general
merchandise, vehicles, furniture and household goods are stored in separate,
secured storage areas or lockers which are generally accessible by means of
individual loading doors.
Minimum Distance Separation Formulae I and II
Shall mean the "Minimum Distance Separation I and II" of the Ontario Ministry of
The Environment and the Ontario Ministry of Agriculture and Food (March 1998
and any subsequent amendments thereto).
Mobile Home - see Dwelling, Mobile Home
Mobile Home Lot or Site
Shall mean an area, similar to a lot, located in a mobile home park, intended to be
occupied or occupied by a mobile home or a permitted accessory use.
Mobile Home Lot or Site Line
Shall mean a line similar to a front lot line, rear lot line, interior or exterior side
lot line as if it were applied to a Mobile Lot of Site.
Modular Home
Means a single detached dwelling consisting of two or more modules which has
been prefabricated or manufactured in a factory remote from the site where it is
intended to be used and transported to the site for installation on a permanent
foundation, but does not include a mobile home or a Park Model Trailer as
otherwise defined.
Motel or Motor Inn - see Hotel
Motor Home - see Recreational Vehicle
Multiple Dwelling - see Dwelling, Apartment
Municipality shall mean the Corporation of the Township of Lanark Highlands.
20. N
Natural Heritage Features
Means features and areas, such as significant wetlands, fish habitat, significant
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portions of the habitat of endangered and threatened species, significant wildlife
habitat and significant areas of natural and scientific interest, which are important
for their environmental and social value as a legacy of the natural landscapes of an
area.
(Provincial Policy Statement)
Negative Impacts
Shall mean:
a)
in regard to fish habitat, the harmful alteration, disruption or destruction of
fish habitat, except where it has been authorized under the Fisheries Act,
using the guiding principle of no net loss of productive capacity.
b)
in regard to other natural heritage features and areas, the loss of the natural
features or ecological functions for which an area is identified. (Provincial
Policy Statement)
Non-complying
Shall mean a use, building or structure which is listed as a permitted use in the
zone in which it is located but which contravenes one or more of the regulations
or zone requirements of the By-law for the zone in which such use, building or
structure is located, as of the date of passing of this By-law.
Non-conforming
Shall mean a use which does not conform with the list of permitted uses in a
particular zone or zones of this By-law as of the date of its final passing by
Council.
Noxious Use
Shall mean an offensive trade or industrial nuisance, or dangerous manufacturer,
within the meaning of the Health Protection and Promotion Act or any regulations
issued by the Ministry of Environment and Energy or any use which is offensive
or dangerous by means of the emission of odour, smoke, dust, noise, gas fumes,
vibration or refuse matter.
Nursery
Means land and structures used for the growing of sod, flowers, bushes, trees, or
other gardening, landscaping, or orchard stock for wholesale or retail sale. (See
also Commercial Garden, Garden Centre)
Nursing Home - see Home for the Aged, Nursing Home or a Long Term
Care Facility
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20. O
Office
Shall mean a building or structure or part thereof used for the purpose of
providing accommodation for the office of a professional person or other persons
and for any purpose incidental thereto.
Officer
Shall mean a person duly appointed by the Corporation to enforce the provisions
of this By-law or other By-laws under the Planning Act.
Official Plan
Shall mean the Official Plan of the Corporation of the Township of Lanark
Highlands.
Open Space - see Landscaped Open Space
Open Storage
Shall mean the storage of goods, merchandise or equipment on a lot or portion
thereof, including such uses as building materials supply yards but does not
include the outdoor display of goods, merchandise or equipment for the purpose
of sales or advertisement except for the storage of vehicles for sale.
20. P
Park
Shall mean any area of land, whether enclosed or not, maintained by the
Corporation or other public authority for the enjoyment, health and well-being of
people and open to the public with or without charge.
Parking Lot or Parking Area
Shall mean any open space, other than streets, used or intended to be used for the
temporary storage of more than four (4) motor vehicles.
Parking Space
Shall mean a space, exclusive of driveways, ramps or columns, to park one
vehicle for purposes other than the display or offering for sale of commodities.
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Parking Space, Handicapped
Shall mean a parking space specifically designated for the exclusive use of a
person, holding a permit, who has a physical or other disability.
Permitted
Shall mean permitted by this By-law.
Person
Shall include an individual, an association, a chartered organization, a firm, a
partnership, a corporation, an agent or trustee and the heirs, executors,
administrators or other legal representatives of a person to whom the context can
apply according to law.
Personal Service Establishment
Shall mean a building or part of a building in which persons are employed in
furnishing services and otherwise administering to individual and personal needs
of patrons. Examples are: barber shops, beauty parlours, hair dressing shops, and
shoe repair shops.
Pit
Shall mean any licensed open excavation made for the removal or aggregate (as
defined) 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 Corporation, or
an excavation incidental to the construction of any public works.
Pit, Wayside
Shall mean a temporary pit opened and used by or for a public authority solely for
the purpose of a particular project or contract or road construction and not located
on the road right of way. (Provincial Policy Statement)
Place of Assembly
Shall mean a building specifically set aside for and primarily engaged in the
operation of arts and craft shows, trade fairs, fashion shows, public meetings,
conference meetings and similar activities.
Place of Worship
Shall mean a building or an open area dedicated to religious worship and may
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include a church hall, church auditorium, Sunday School, parish hall and church
day nursery.
Playground - see Park
Porch
Shall mean a covered entrance to a building usually with a separate roof and
unenclosed and used as an outdoor living area.
Portable Asphalt Plant
Shall mean a facility:
a)
with equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process;
b)
which is not of permanent construction but which is to be dismantled at
the completion of the construction project. (Provincial Policy Statement)
Printing and Publishing Establishment
Shall mean a building or part thereof used primarily for printing, regardless of the
method, and publishing of newspapers, periodicals, books, maps and similar
publications and also includes the sale and servicing of printing and duplicating
equipment.
Private Club - see Club
Private Road
Shall mean a road under private ownership which provides access or serves two
or more legally conveyable lots and may include a right-of-way registered on title.
(See also Driveway)
Provincial Highway - see Highway (see also Public Highway)
Public Access Point
Shall mean public land designated by the appropriate authority and developed and
maintained by the authority as a public access to a navigable water body.
Public Body
Shall mean a municipality, a local board, a ministry, department, board,
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commission, agency or official of a provincial or federal government.
Public Highway ( see also Highway)
Shall mean all allowances for roads or streets made by the Crown surveyors, all
highways laid out or established under the authority of any statute, all roads or
streets on which public money has been expended for opening them or on which
statute labour has been usually performed, all roads passing through Indian lands,
all roads or streets dedicated by the owner of the land to public use, all alterations
and deviations of and all bridges over any such allowance for road, highway or
street. (See also Lane)
Public Service Use
Shall mean a building, structure or lot used for public services by the Township of
Lanark Highlands or the County of Lanark and any Boards or Commissions
thereof, and any Ministry or Commission of the Governments of Ontario and
Canada, any telephone, communications or railway company, any company
supplying natural gas, Ontario Power Generation, Hydro One Networks Inc., any
Conservation Authority, Public Utilities Company or similarly recognized
agencies.
Public Utility
Shall mean a public utility as defined in the Public Utilities Act.
20. Q
Quarry
Shall mean any licensed open excavation made for the removal aggregate (as
defined), 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
Corporation, or an excavation incidental to the construction of any public works.
Quarry, Wayside
Shall mean a temporary quarry opened and used by or for a public authority solely
for the purpose of a particular project or contract or road construction and not
located on the road right of way.
(Provincial Policy Statement)
20. R
Recreation Camp
Shall mean a facility operated by a private or public organization where children
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and/or adults are temporarily accommodated in tents, cabins, cottages and/or
lodge houses and may include such uses as a church camp, a day camp or a scout
camp.
Recreational Commercial Establishment
Shall mean an establishment, premises, or building where any recreational, social
or cultural uses are operated commercially for profit on lands in private
ownership, such as health clubs, golf courses, open or covered skating or curling
rinks, ski lodge, pools, open or covered badminton or tennis courts, fitness centre,
squash courts, bowling alleys, gymnasia, band shell or open theatre, and other
similar uses.
Recreational Facility
Shall mean any building or structure or specific area planned for, used for, or
related to recreational activities and shall include picnic areas, beaches, change
rooms, outdoor shelters, playground areas and equipment, hiking trails, sports
fields and similar uses.
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 or
a park model trailer, as defined. For the purposes of this definition, a recreational
vehicle, shall be considered a structure for the purposes of establishing setbacks
only. A recreational vehicle shall not be deemed to include a mobile home or a
manufactured home. The definition of a recreational vehicle shall not be
interpreted to include recreational equipment such as boats, boat or vehicle
trailers, personal water craft, snowmobiles, all terrain vehicles (ATVs) or other
equipment used for recreational purposes and which are normally stored or parked
on a lot.
Recreational Vehicle Park
Means an establishment comprising land, buildings, structures or premises which
is used to provide temporary or seasonal accommodation for recreational vehicles
and tents and where accessory uses, buildings and structures are permitted
including administrative facilities, comfort stations, laundry facilities, sewage
pump-out facilities, recreational and commercial facilities primarily designed to
service patrons of the recreational vehicle park and the incidental sale of
recreational vehicles.
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Recreational Vehicle Sales and Storage and Repair
Shall mean land, buildings or structures used for the display, storage, repair and/or
sale of boats, trailers, campers, snowmobiles and other recreational vehicles.
Redevelopment
Shall mean the removal or rehabilitation of buildings or structures and the
construction, reconstruction, or erection of other buildings or structures in their
place. (See also Development)
Registered Plan
Means a plan legally registered as per the Registry Act or the Land Titles Act.
Rental Establishment
Shall mean a building or part of a building wherein the primary use is the rental of
machinery, equipment, furniture and fixtures.
Restaurant
Shall mean a building or structure where food is prepared and offered for sale to
the public for consumption within the premises and may include a take-out facility
secondary to the principle use.
Retail Store
Shall mean a building or part of a building wherein merchandise, goods or wares
is offered or kept for retail sale upon the premises but does not include any
establishment otherwise defined or classified within this By-law. Storage of
limited quantities of such merchandise, sufficient only to service such store and
the servicing of such merchandise may be permitted in a retail store as ancillary
uses, provided such uses are necessary and secondary to the main retailing
function of the store.
Retirement Home
Shall mean a residence providing accommodation primarily for retired persons or
couples where each private bedroom or living unit has a separate private bathroom
and separate entrance from a common hall but where common facilities for the
preparation and consumption of food are provided and common lounges,
recreation rooms and medical care facilities may also be provided. Such a facility
shall be for adults who are capable of living independently without nursing care.
(See also Home for the Aged, Nursing Home, or a Long Term Care Facility)
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Right-of-Way - see Easement
Road - see Public Highway, Highway
Row House - see Dwelling, Row or Townhouse
Rural Cooperative
Shall mean a single planned development on a property owned in common
including an incorporated cooperative, non-profit organization, land trust or
family farm, where the ownership and responsibility for the maintenance of all
land uses, buildings, structures, services rests with the members.
20. S
Safari
Means a zoo or the use of land where wild, exotic or domestic animals are kept
and are displayed or shown to the public and may include organised walking tours
or vehicle excursions therein by guides and may include accessory uses e.g.
administrative facilities, restaurant, retail outlet.
Sales or Auction Barn
Shall mean any land, buildings or structure used predominantly as a livestock
auction or sales facility and may include the auction of agriculturally related
chattels on an incidental or accessory basis.
Satellite Dish/Receiver
Shall mean a structure designed, used or intended to be used to send or receive
signals to or from a satellite.
Salvage or Wrecking Yard
Shall mean land, buildings or structures where derelict, discarded, abandoned or
inoperable motor vehicles and/or other goods, wares, merchandise, articles or
things are stored, recycled and/or sold wholly or partly in the open. This
definition shall include a junk yard, a scrap yard or any automobile wrecking yard,
but shall not include any solid waste landfill site.
Sauna
Means an accessory building or structure wherein facilities are provided for the
purpose of a sauna or steam bath and may include a change room and shower and
may be constructed as part of a boat house.
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Sawmill
Shall mean a building, structure or uses of land where timber or logs are debarked,
cut, sawed, either to finished lumber or as an intermediary step.
Sawmill, Portable
Shall mean equipment which is portable (e.g. may be drawn by a vehicle) and is
used on a temporary basis for the cutting of saw logs.
School
Shall mean a building or part of a building used for the purpose of teaching
academic subjects and maintained for educational, philanthropic, or religious
purposes.
School, Private
Shall mean any school other than a public school.
School, Public
Shall mean any school established and maintained at public expense.
Seat
Shall mean a place on or in which one sits, and where provided by benches, forms
or pews, each 0.60 m (1.96 ft.) of such seating shall be the equivalent of one seat.
Sensitive Land Use
Means buildings, amenity areas or outdoor spaces where routine or normal
activities occurring as reasonably expected times would experience one or more
adverse effects from contaminant discharges generated by a nearby facilities and
includes a dwelling, day care centre, an educational or health facility.
Service Shop
Shall mean a building or part of a building whether in conjunction with a retail
store or not, used for the repair or servicing or goods, commodities, articles, or
materials, but not the manufacturing thereof. Automobile repairs and services are
not permitted under this definition. This definition shall be deemed to include a
welding shop.
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Setback
Shall mean:
a)
with reference to a public highway, highway or street, the least horizontal
distance between the centre line of the street allowance and the nearest
building line, measured at right angles to such centre lines;
b)
with reference to a private road or right-of-way, the least horizontal
distance between the boundary of the right-of-way and the nearest building
line;
c)
with reference to a water body, the least horizontal distance between the
high water mark and the nearest building line.
d)
with reference to a lot, the least horizontal distance between the lot line
and the nearest building line, measured at right angles to such lot line.
e)
with respect to a pit or quarry, shall mean the least horizontal distance
between a lot line and the face of an excavation as prescribed by under the
Aggregate Resources Act.
Sewage and Water Systems
a)
Full Municipal Sewage and Water Services:
Shall mean piped sewage and water services that are connected to a
centralized water and waste water treatment facility. (Provincial Policy
Statement)
b)
Communal Services
Shall mean sewage works and sewage systems and water works that
provide for the distribution, collection or treatment of sewage or water but
which:
! are not connected to full municipal sewage and water services;
! are for the common use of more than five residential units/lots;
! are owned, operated, and managed by a municipality or, another public
body, or a condominium corporation or single owner which has entered
into an agreement with the municipality or public body, pursuant to
Section 51 of the Planning Act, providing for municipal/public body
assumption of the communal services in the event of default by the owner.
(Provincial Policy Statement)
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c)
Individual On-Site Systems
Shall mean individual autonomous water supply and sewage disposal
systems, that are owned, operated and managed by the owner of the
property upon which the system is located and which do not serve more
than five residential units/lots.(Provincial Policy Statement)
d)
Partial Services
Shall mean connection to one communal service or full municipal service
where the other connection will be to an individual on-site system.
(Provincial Policy Statement)
Shooting Range or Rifle Club
Means land buildings, structures or premises used for recreational target practice,
skeet shooting, gun or hunter safety instruction and is operated by a club or
organization.
Shopping Centre
Shall mean a group commercial and service establishments or retail stores which
are designed, developed and managed as a unit, usually in a single building,
having the off-street parking provided on the site.
Shoreline
Shall mean those lands extending from the average annual water level which have
potential and direct significant impact on near shore waters and the shore
ecosystem through run-off, and where land use activity is primarily water
oriented.
Sight Triangle
Shall mean a triangular area of a lot formed by two intersecting street lot lines or
their projection and a straight line joining points on the street lot lines at a
distance from that intersection.(See illustration p. 34)
Sign
Shall mean an advertisement by means of painting on, or attaching bills, letters,
lights, or numerals to any building, structure or device and shall include the
structure or device upon which the advertisement is painted, placed or attached.
Significant
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Shall mean:
a)
in regard to wetlands and areas of natural and scientific interest, an area
identified as provincially significant by the Ministry of Natural Resources
using evaluation procedures established by the Province, as amended from
time to time.
b)
in regard to other features and areas in policy 2.3, ecologically important
in terms of features, functions, representation or amount, and contributing
to the quality and diversity of an identifiable geographic area or natural
heritage system. Criteria for determining significance may be
recommended by the Province, but municipal approaches that achieve the
same objective may also be used.
c)
in regard to other matters, important in terms of amount, content,
representation or effect.
Sleep Cabin
Shall mean an accessory building or structure, located on the same lot as the
principal building or structure, the accessory use being for sleeping
accommodation in which sanitary facilities may be provided, but shall not contain
cooking facilities.
Solarium
Shall mean a glassed-in structure
or room projecting from an
exterior or main wall of a
building which may be used for
sunning, therapeutic exposure to
sunlight, or for a use where the
intent is to optimize exposure to
sunlight.
Solid Waste Disposal Site - see
Waste Management Facility
Storey
Shall mean that portion of a
building, other than a cellar,
between the surface of any floor
and the surface of the floor,
ceiling or roof next above it. A
basement may be counted as a
partial storey. (See also
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Basement or Cellar)
Storey, First
Shall mean the lowest storey of a building, wherein the floor is generally at grade
elevation. (See illustration p. 138)
Street - see Public Highway or Highway
Street Line
Shall mean the limit of the road or street allowance and the dividing line between
a lot and a street (see also Lot Line, Front).
Structure
Shall mean anything constructed or erected, either permanent or temporary, the
use of which requires location on the ground or attachment to something having
location on the ground and for the purposes of this By-law, shall include a sewage
disposal system whether it is an on-site or communal system, also a swimming
pool, a deck, a dock and a recreational vehicle.
Studio
Shall mean a building or part thereof used,
a)
as the workplace of a photographer, artist, or artisan or
b)
for the instruction of art, music, languages or similar disciplines.
Swimming Pool
Shall mean an open or covered pool which is at least 50 cm (19.6 inches) in depth
and may include a hot tub or whirl pool.
20. T
Temporary Cement and Concrete Batching Plant
Shall mean a mobile cement and concrete batching plant that conforms to the on-
site inspection carried out by the Ministry of Environment and Energy, is in
operation for not more than a 24 month period commencing on the date of the
establishment of the use on site and shall be of a form such that a building permit
is not required to erect and operate the unit.
Temporary Living Quarters
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Shall mean a recreational vehicle, mobile home, camper trailer or similar vehicle
or shelter, utilized as living quarters on a short term basis only and occupied by a
contractor or householder while a permanent residence or a non-residential
building is being constructed on the same lot, such temporary use being valid only
for the life of the building permit for the permanent structure as determined by the
Building Official.
Tent and Trailer Park - see Recreational Vehicle Park
Theatre - see Cinema
Tourist Campground
Shall means any parcel of land which is used to provide temporary
accommodation for the public or members of an organization, in tents, where
electrical service to individual campsites is not provided, whether or not a fee is
charged or paid for such accommodation.
Tourist Establishment
Shall mean premises or buildings to be used for the purpose of sleeping
accommodation on a temporary basis by tourists or vacationers, including a hotel,
motel, cabin, or lodge or bed and breakfast, including accessory uses such as
dining, meeting and beverage rooms and similar uses.
Townhouse - see Dwelling, Row or Townhouse
Trailer, Travel trailer or Tourist Trailer - see Recreational Vehicle
Transportation Depot or Truck Terminal
Shall mean land, or a structure or a building where commercial vehicles are kept
for hire, rental and/or lease, or stored and/or parked for remuneration and/or from
which such vehicles are dispatched for hire as common carriers and where such
land, structure or building may be used for the storage and/or distribution of
goods, wares, and merchandise.
Transfer Station or Depot
Shall mean land, buildings or parts of buildings used for the temporary storage,
and subsequent dispersal of garbage, refuse, domestic or industrial waste,
exclusive of liquid industrial waste or hazardous waste.
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20. U
Use
Shall mean the purpose for which any land, building, structure, or any
combination thereof is designed, arranged, occupied, or maintained. "Uses" shall
have a corresponding meaning. "Use" when used as a verb, or "to use" shall have
corresponding meanings.
Utility
Shall mean a public utility as defined by the Public Utilities Corporation Act.
20. V
Veterinary Establishment
Shall mean a building or a part of a building used by a veterinary surgeon for
treating domestic animals, birds, or other livestock but shall not include a
commercial kennel or research facility unless otherwise zoned.
Verandah - see Porch
Video Rental Outlet
Shall mean a building or part of a building wherein the primary use is the rental of
video tapes and may include the rental of video cassette recorders, video cameras
and video games.
Video Rental Outlet, Adult
Shall mean an establishment where pre-recorded video tape, DVD's, video discs,
game cartridges, video cameras of video players/recorders are offered for rent or
rented as a principal or accessory business activity and includes the sale of
electronic home entertainment products, computer disks, software, CD-ROMs or
other computerized systems designed or advertised as designed to appeal to erotic
or sexual appetites or inclinations.
20. W
Warehouse
Shall mean a building or part of a building used primarily for the operation of
general merchandise warehousing, cold storage and other storage facilities and
also includes a centre for the distribution of wholesale goods and commodities for
resale to retailers; to industrial, commercial institutional or professional users; to
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other wholesalers.
Waste Management Facility
Shall mean a site which is licensed or approved by the Ministry of the
Environment and/or its agents where garbage, refuse, domestic or industrial waste,
excluding radioactive or toxic chemical wastes is disposed of or dumped. This
definition shall include waste transfer stations, recycling depots and composting.
Water Frontage
Shall mean a lot which has one or more lot lines abutting a water body
Water body
Shall mean any lake, river, stream, bay, natural watercourse or canal whether
seasonally or permanently covered by water, but excludes a drainage or irrigation
channel.
Wayside Pit - see Pit, Wayside
Wayside Quarry see Quarry, Wayside
Wetland
Shall mean lands that are seasonally or permanently covered by shallow water, as
well as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic or water tolerant plants. The four
major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or
"wet", or which no longer exhibit wetland characteristics are not considered to be
wetlands for the purposes of this definition. (Provincial Policy Statement)
Wholesale Outlet
Shall mean a building used or intended to be used for the bulk storage and sale of
quantities of goods, commodities, wares, merchandise, or materials for resale or
business use.
Wildlife Habitat
Shall mean areas where plants, animals and other organisms live, and find
adequate amounts of food, water shelter and space needed to sustain their
populations. Specific wildlife habitats of concern may include areas where species
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concentrate at a vulnerable point in their annual life cycle; and areas which are
important to migratory or non-migratory species. (Provincial Policy Statement)
Woodlands
Shall mean treed areas that provide environmental and economic benefits such as
erosion prevention, water retention, provision of habitat, recreation and the
sustainable harvest of woodland products. Woodlands include treed areas,
woodlots or forested areas and vary in their level of significance. (Provincial Policy
Statement)
Workshop - see Custom Workshop
Wrecking Yard - see Salvage Yard
20. X
20. Y
Yard
Shall mean an open, uncovered space appurtenant to a building or structure, on
the same lot as the building or structure. (See illustration p. 145 and 146)
Yard, Front
Shall mean a yard extending across the full width of a lot between the front lot
line and the nearest part of any main building or structure for which such yard is
required. (See illustration p. 145 and 146)
Yard, Rear
Shall mean a yard extending across the full width of a lot between the rear lot line
and the nearest part of any main building or structure for which such yard is
required. (See illustration p. 145 and 146)
Yard, Side
Shall mean a yard extending from the front yard to the rear yard between the side
lot line and the nearest part of any main building or structure for which such yard
is required. (See illustration p. 145 and 146)
Yard, Exterior Side
Shall mean a side yard immediately adjacent to a street. (See illustration p. 145
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and 146)
Yard, Interior Side
Shall mean a side yard other than an exterior side yard. (See illustration p. 145 and
146)
Yard, Required
Shall mean a yard, the minimum depth or width of which is regulated by this By-
law.
20. Z
Zone
Shall mean:
a)
a land use category as defined and regulated in this By-law;
b)
a designated area of land use shown on any Schedule to this By-law.
Zoning
Shall mean the demarcation of an area into zones and the establishment of
regulations to govern the use of the land within these zones, etc., and the location,
bulk, height, shape, use and coverage of structures within each zone. The terms
"zone provisions" and "zone requirements" shall have corresponding meanings.
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