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THE CORPORATION OF THE TOWNSHIP OF UMERICK
ZONING BY-LAW
(BY-LAW NO. 2013-20)
SECTION 1 - PURPOSE
This Comprehensive Zoning By-law is intended to prohibit the use of land and th~
or use of buildings or structures for or except for such purposes as set down' t
to prohibit the erection or use of buildings on land which is subject to floo
by reason of its rocky, marshy or unstable ch~racter the cost of constructio
waterworks, sewage, or drainage facilities is prohibitive; to regUlate t
1
locationi size, floor area, spacing, character and use of buildings 0
ct
to regulate
the miniml,lm frontage and depth of a parcel of land and the p rtion 0
area thereof that
any building or structure may occupy; to require loading ~md
'ng fac
es for buildings
or structures erected or us.ed for certain purposes; to prohibit the
king or establishment
of pits and quarries within defined areas and to regul
he. making or establishment of pits
and quarries within defined areas of the municipali
,.
SECTION 2 - mLE
This By,.law shall be cited as "Zoning
may be regulated by the Township,
as shown on the attached schedul .
. 1 -20" and shall apply to all land, which
ed land, within the Township of Limerick
BY-LAW 3-S00F THE TOWN .
OF U~RICKAND ALL AMENDMENTS HERETO ARE H.EREBY REPEALED.
SAVE AND EXCEPT BY-LAW
-2S-01 AND ALL PRQVISIONS OF BY-LAW NO.3-SO RELATED
THERETO -.
Y PA.S.SED tHIS 5TH DAY OF NOVEMBER. 2013.
·g~na.1 Signed by:
rk-Treasurer
jennifer Trumble
--
I hereby certify that the following is a true copy of By-law No. 2013 .. 20 as enacted by the Council of the
Corporation of the Township of Limerick on the 5th day of November ... 2013.
Jennifer Trumb.le
TOWNSHIP OF UMERICK .. COMPREH.ENSIVE ZONING BV-LAW
THE TOWNSHIP OF UMERICK
COMPREHENSIVE ZONING
-
W
,
NOVEMBER 5TH, 2013
TOWNSHIP OF UMERICK
ZONING BY-LAW
TABLE OF CONTENTS
SECTION 1 - PURPOSE
SECTION 2 - mu:
SECTION 3 - STATEMENT OF INTENT - VEGETATIVE BUFFER ZONES
SECTION 3 - DEFINmONS
SECTION 4 - ADMINISTRATION
4.1
ZONING ADMINISTRATION
4.2
ISSUANCE OF BUILDING PERMITS
4.3
APPUCA lIONS FOR BUILDING PER
4.4
INSPECTION OF LAND OR B
4.5
4.6
4.7
4.8
VIOLATIONS AND PENA
OCCUPATION OF BUlL
CERTIFICATE OF CONVERSION
""
I
VAUDITY, EFFECTIVE D? A
··ONS
ED WIDTH OF ROAD
RONMENTAL PROTECTION (EP) AND ENVIRONMENTAL
Page
1
1
2
4
34
34
34
34
35
35
35
36
36
38
38
38
38
40
40
41
OTECTION WETLAND (EPW) ZONES
42.
ENV[RONMENTALLY SENSITIVE LANDS
43
LANDS ADJACENT TO WATERBODIES, WATERCOURSES,
EMBANKMENTS, FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE LANDS 43
5.10
NON-CONFORMING USES
44
5.11
NON-COMPUANCE OF EXISTING USES
5.12
REPLACEMENT OF BUILDINGS OR STRUCTURES
5.13
EXISTING UNDERSIZED LOTS
5.14
YARD ENCROACHMENTS PERMITTED
5.15
LANDS SEVERED BY PUBUC UTIUTY UNES
45
46
46
47
48
5.16
TEMPORARY USES
5.17
PUBLIC USES AND UTIUTIES AND COMMUNItY FACIUTIES
5.18
MULTIPLE USES ON ONE LOT
5.19
DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A
NON .. RESIDENTIAL SEmNG
5.20
PROHIBITED USES
5.21
OBNOXIOUS USES
5.22
SPECIAL OCCASION USES
5.23
TRUCK, BUS AND COACH BODIES
5.24
SWIMMING POOLS
5.25
ACCESSORY BUILDINGS
5.26
FRONTAGE ON A STREET
5.27
RESIDENTIAL EXrERIOR SIDE YARDS
5.28
SIGHT TRIANGLES
5.29
5.30
5.31
5.32
5.33
5.34
5.35
5.36
5.37
5,38
5.39
5.40
5.41
5.42
5.43
HOME OCCUPATIONS
HOME INDUSTRY
OFF STREET PARKING PROVISION
LOADING SPACE REQUIREMENTS
GROUP HOMES
GARDEN SUITES
AREAS OF INFLUENCE
AGRICULTURE - MINIMUM
SECONDARY FARM OCC
WATERTAKING PERMIT~
OPEN STORAGE
EXTERNAL DESIGN
"
HEIGHT EX
ONS \.
~NT
G OF MOTOR VEHICLES AND TRACTOR
48
48
49
49
50
51
51
52
52
52
53
S3
54
54
55
56
61
6Z
62
62
63
63
64
64
65
65
65
65
ARD - MARINE FACIUTIES AND COMMUNAL DOCKS
66
OODBURNING FURNACES
66
LERS, MOTORIZED MOBILE HOMES/RECREA TIONAL
. ,LES, CAMPER TRAILERS, TRUCK CAMPERS
66
ULAR HOMES
67
UMITED SERVICE RESIDENTIAL DEVELOPMENT
5.51
MINIMUM GROSS FLOOR AREA IN A DWELLING UNiT
5.52
MOBILE CANTEENS
SECTION 6 - MA - MARGINAL AGRICULTURE ZONE
SECTION 7 - RR - RURAL RESIDENTIAL
67
67
67
68
68
69
73
SECTION 8 - LSR - UMITED SERVICE RESIDENTIAL
SECTION 9 - LSRI - UMITED SERVICE RESIDENTIAL ISLAND
SECTION 10 - WR - WATERFRONT RESIDENTIAL
SECTION 11- R1 - RESIDENTIAL FIRST DENSITY ZONE
SECTION 12 ... R2 ... RESIDENTIAL SECOND DENSITY ZONE
SECTION 13 - UC - URBAN COMMERCIAL ZONE
SECTION 14 - RC - RURAL COMMERCIAL ZONE
SECTION 15 - RRC - RECREATIONAL/RESORT COMMERCIAL
SECTION 16 - RI- RURAL INDUSTRIAL ZONE
SECTION 17 - MX,. MINERAL EXTRACTIVE ZONE
SECTION 18 - M - MINING ZONE
SECTION 19 ,. WD - WASTE DISPOSAL
SECTION 20 - CF - COMMUNI!Y FACI'.I" Z
TAL PROTECTION WEiLAND ZONE
75
78
80
83
85
87
90
93
97
101
104 .
105
108
110
112
/, MENTAL PROTECTION ZONE
113
NIMUM DISTANCE SEPARATION IMPLEMENTATION GUIDEUNES (2006)
THE CORPORATION OF THE TOWNSHIP OF UMERICK
ZONING BY-LAW
(BY-LAW NO. 2013-20)
SECTION 1 .. PURPOSE
This Comprehensive Zoning By-law is i.ntended to prohibit the use of land and the er
of buildings or structures for or except for such purposes as set down in this b - a··
1
the erection or use of buildings on land whiCh is subject to flooding, or on la
fits
rocky, marshy or unstable character the cost of construction of satisfactory w
or drainage facilities is prohibitive; to regulate the height, bulk, location, si.z;e, f
, spacing,
character and use of buildings or structures; tq regulate the minimu
ont e and depth of a
parcel of land and the portion of th~ area thereof that any buil 'ng or
ure may occupy; to
requireloClding and parking facilities for buildings or struct
rected
r used for certain
purposes; to prohibit the making or establishment Cif pits and quar
ifhin defined areas and
to regulate the making or establishment of pits an
arrJS< wit in defined areas of the
municipality.
SECTION 2 - mLE
This By-law shall be cited as "Zoning By-law
3-.
If ~nd shall apply to all land, which may
., within the Township of Limerick as shown
be regulated by the Township, indudi
on the attached schedules.
BY-LAW 3-80 OF THE TOWNS
AND EXCEPT BY-LAW NO. t-~OO
KAND ALL AMENDMENTS H:ERETO ARE HEREBY REPEALED. SAVE
L PROVISIONS OF BY-LAW NO. 3-80 RELATED THERETO.
I) FINALLY PASSED THIS 5TH DAY OF NOVEMBER, 2013.
Original Signed by:
Clerk-Treasurer
Jennifer Trumble
I hereby certify that the following is a true copy of By-law No. 2013-20 as enacted by the Council of the
Corporation of the Township of Limerick on the 5th day of November ... 2013.
Jennifer Trumble
Clerk-Trea$u.rer. TQwlI$hip of Limerick
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
2
Following is a "Statement of Inte.nt" endorsed by the Council of the Township of limeriCk.
Although it is included as guidanc~ for Township Officials and Ratepayers alike, it does NOT
constitute a part of the New Conforming By-laws as drafted and passed by Coundl on November
5th, 2013. lnstead, it is hoped by Council that it will be effective in prompting better management
practices for the use of shoreline properties throughout the Township.
SHOREUNE BUFFERS
The 1m porta nce/Fu nction of Shoreline Buffers
There are several benefits from buffers located along the land water interface 0
and rivers. These benefits include:
;-
1.
Protection of shoreline from wind and wave erosion
2.
Reduction of contaminants from upland areas
herbicides, etc.
3.
Control of nuisance wildlife (eg gee~e)
4.
Provi.de wildlif~ habitat diversity and transition zon
Principles of Buffer Cteation/Maintenanc
1)
Minimum depth of buffer 1,5 m. .
ssible- more is better
2)
Buffer should extend into the I
ytes) where practical
3)
A minimum of 75% of the shoreline
erty width should be buffer
4)
Water flow across the buffer, t~rd e lake or stream, should be diffused across
ot Co centrated in a channel
5)
. a be revegetated with a mixture of native grasses, shrubs,
,
specific conditions
6)
on, and use selective pruning to aUow "view corridors
fl
etation removal
7)
at can be maintained throughout any development process and
should be selected for revegetation plans
1)
e 1- area closest to the water should be a minimum 8 metres in depth and be
vegetated with native trees and shrubs appropriate for site conditions
2)
Zone 2 - the middle. zone should be at least 15 metres in depth and contain managed
forest
3)
Zone 3 - the zone farthest from the water should be a minimum of 7 metres deep and
consist primarily of maintained turfgrass, although woody vegetation is more desirable
and is encouraged.
3
Uses Within Shoreline Buffer
1)
Zone 1: Area closest to the water should be relatively und.isturbed native vegetation.
Uses to include footpaths, boat docks, etc
2)
Zone 2: This area can support limited rec:reational uses such as wood chip trails within
the view corridor. Tree maintenance (pruning, dead tree removal, and rev
tation) is
3)
allowed,
Zone 3: Residential uses such as lawns, gardens, garden compost, or p
management facilities such as infiltration trenches
Uses Strongly Discouraged or Prohibited Within the Buffer
1)
Impervious cover
2)
Septic tanks and weeping beds
3)
Clear cutting
4)
Structures other than a pump house or dock
5)
Parking lots
6)
Motorized vehicles
7)
Grazing or livestock
8)
Pesticide or fertilizer application
9)
Storage or disposal of wastes
View Corridors
ater
1)
Clearing for a view corridor should
ited to no more than 12 metres at the lake or
2)
3)
4)
river bank, or a maxi· m of 2
of
.oreline width, whichever is less
Clearing within the
should retain 60% of basal area of trees
Shoreline access path
'nd through view corridor and be limited to a width of
3 metres: less i
. hin
orridor_should be limited to 1/3 of tree height with no clearing
n one metre in height
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
4
SECTION 3 - DEFINtnONS
For the purposes of this By-law, the definitions and interpretations in this Section shall govern
unles.s the cont~xt indicates otherwise. The word "shaU" is mandatory and not directory. Words
used in the present tense include the future tense and the reverse. Words used in the plural
number include the singular number and the reverse.
3.1
"ABANDONED" shall mean the faill,lre to proceed expeditiously with the co
a work, specifically abeyance of construction for six months.
3.2
"ACCESSORY BUILDING" shall mean a detached building or structur , .
of which
is customarily incidental and subord.inate to a principal use
ildin~r structure and
located on the same lot therewith and includes, but is not limite
the following: sauna,
dock, boathouse, gazebo, pump house, deck, detache,
rivate 9
ge and detached
carport.
3.3
II ACCESSORY USE~' shall mean a use custo
H
. .
,
exclusively devoted to the main use of th lot, b
same lot as such main use.
tal and subordinate to, and
or structure and located on the
3.4
"ADJACENT LANDS (WETLAND)"
an ind.ividual Environmental Pr·cgs~Q
n t
se lands within 120 metres (393,7 ft.) of
nd Zone.
3.5
"AGRICULTURE/AGRICULTURAL U
hall mean the use of land, buildings or structures
for the purposes of the growin~f
crops, flower gardening; market gardening; berry
crops, tree crops, .ries, a : aries, apiarie.s or farms for the grazing, breeding, raising,
boarding of livestock or
o· er similar uses carried onin the field of general agriculture,
including the s
uch
duce, crops or livestock on the same lot.
3.6
- NTENSIVE" shall mean lands which are used for the purposes of
Ii estock which either exceed 150 livestock units, or exceed 50 livestock
estock density of greater than 5 livestock units per tillable hectare.
3.
LTURAL PRODUCE SALES OUTLET" shall mean a seasonal use accessory to a
w ich consists of the retail sale of agricultural products such as fruit, vegetables,
er or farm produce, the majority of which are produced on the farm where such outlet
is located.
5
3.8
I "ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder or
other supporting member of a building or structure or any increase in the area or cubic
~ contents of a building or structure. When used in reference to a lot, the word "alter" means
to decreqse the width, depth or area of any required yard, setback, landscaped open space
or parking area or to change the location of any boundary of such lot with respect to a
public highway or laneway, whether such alteration is made by conveyance or alienation
of any portion of said lot or otherwise. The words "altered" and "alteration
i
,
. all have a
corresponding meaning.
3.9
"AR~.NA~I shall mean a building or structure constructed around an
spectator seating, two or more seating areas for visiting teams and pro
made for
storage and access of ice cleaning equipment and all other r~, . d
. ipment used for
the purpose of organized activities including sports and other gr
functions.
3.10
"ASSEMBLY HALL" shall mean a bl,lilding, or part of a b
'ng, in which facilities are
3.11
3.12
3.13
provided for such ~urposes as meetings for ~ivic educa~al,
litical; r~lig~ous or social
purposes and shallmclude a banquet hall, pnv
. or fraternal organization.
a final product but shall not inclu
operation discharging large amount
"AUCTION OUTL~T~' shall
merchandise, substances, articles or
or offers a higher pric than al),~th
of finished parts or materials into
ca.le manufacturing operation or any
UI ding or part of a building where goods,
s are sold at a public sa.le to the person who bids
is willing to pay.
n
y vehicle, including a motor vehicle, propelled or driven.
power, but does not include railway cars powered by steam,
other vehicles running upon rails or a motorized snow vehicle,
tractor, self-propelled implement of husbandry or road.,building
meaning of the Highway Traffic Act.
BODY SHOP" shall mean a building where automotive cleaning,
, body repair and repainting is conducted but shall not include any other
omotive use.
3.15
"AUTOMOBILE SALES AGENCY (New and Used)" shall mean a building and/or Jot used
for the display and sale of new and used automobiles and may indl,lde the servicing, repair
and repainting of automobiles, the leasing or renting of utility or boat trailers and
automobiles and the sale of automotive accessories and related productS, but shall not
include any other defined automotive use.
TOWNSHIP OF UMERICK .. COMPJl.EHENSIVE ZONING BY-LAW
6
3.16
"AUTOMOB!LE SERVICE STATION" shall mean a building or place where gasoline,
propane, natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories, spark
plugs, batteries and other related items for automobiles, trucks, motorcycles, and
snowmobiles are stored or kept for sale, or where such veh.icles may be oiled, greased,
washed or have their ignitions or brakes adjusted, tires inflated, batteries charged or more
generally where repair or equipping of alJtomobiles is executed or performed.
An
automobile service station may operate on a self-serve basis.
3.17
"BASEMENT" shall mean that portion of a building or structur
underground and below the ,first floor and which has at least one hal
above the adjoining ground level.
3.18
"BASEMENT, WALKOUT" shall mean that portion of
ing which is partly
underground, but which has more than 50% of the floo
ter than .5 metres
below grade, and which has an entrance and exit at grade Ie
3.19
"BED AND BREAKFAST ESTABUSHMENT"
mtl;. a single detached dwelling
containing not more than 3 guest roo
maintained for the short-term
accommodation of the public, in whiC;h th,
er or
d lessee supplies, for hire or gain,
lodgings with or without meals, bu '
nclude other establishments otherwise
defined or classified herein.
3.20
"BOARDING OR ROOMING
mean a dwelling in which long-term lodging
with or without meals is supplied fo
In to not more than 4 guest rooms but does not
meCln or inc,lude a m tel, ho~ h spital or similar commercial, community facility or
institutional use, an
ment uilding or a bed and breakfast establishment.
3.21
.II mean a detached accessory building or structure which is
sheltering of a boat or other form of water transportation and
equipment incidental to the residential occupancy, which does not
ft.) in height, 3.04 (lO ft.) metres in width and 5.48 metres (18 ft.) in
ne in this by-law, and shall not be lJsed for human habitation.
G (when used as a noun)" shall mean:
a structure occupying an area greater than ten square metres consisting of a wall,
roof and floor or any of them or a structural system serving the function thereof
including all plumbing, works, fixtures and service systems appurtenant thereto;
ii)
a structure occupying an area of ten square metres or less that contains plumbing,
including the plumbing appurtenant thereto;
iii)
a sewage system (as defined in the Ontario Building Code); or
iv)
structures designated in the Building Code (Building Code means regulations made
under Section 34).
,i
7
3.23
"BUILDING HEIGHT" shall meqn the vertical distance between the average finished grade
around the perimeter of the building and:
i)
the highest point of a flat roof;
ii)
the deck line of a mansard roof;
iii)
the mean height between the eaves and ridges of a gabled or hip ro
but exclusive of:
i)
a roof or penthouse structure accommodating an elevato,
ventilating fan or other similar equipment; a , ~
ke
ck; barn; silo;
communications tower; drive-in theatre screen; or other
. rian structure which
does not provide habitable living space.
"BUlL,D,ING SUPPLY OUTL,ET" shall mean an establis~en nvolved in the storage,
display and sales of building supplies incl
I
lurrfber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioni . and SImi r items.
3.25
"BUILDING, PRINCIPAL" shall mea
o structure in which the primary use is
conducted.
3.26
"BULK STORAG~ YARD" shal
p ace where land is used for the storage in the
open of goods and materials, machi
, petroleum products and/or equipment, but does
not include the stor e of sims as would require approval under the Health
Promotion and Pro
. n Act, s amended, not does it include a salvage yard as defined
by. this by,.law.
3.27
TlVE OR PROFESSIONAl. OFFICE" shall mean any building or
in which one or more persons are employed in the management or
gency, business, brokerage, labour or fraternal organization and shall
. es for doctors, dentists, optometrists, chiropractors, drug less practitioners,
icitors; engineers, architects, land surveyors or chartered accountants and for
p
t>se incidental thereto the administrative office or offices of a non-profit
anization or a business, administrative or professional office or offices.
3.2.8
"BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the
municipality appointed by the Corporation with the duty of administering and enforcing
the provisions of all municipal by-laws.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
8
3.29
"CABIN, SLEEPING" shall mean an a~cessory~nd subordinate detached building or
structure with a maximum of 29.7 sq. m (320 sq. ft.) designed as sleeping accommodation
only, to permit the better or more convenient enjoyment of the principal seasonal
residential dwelling and shall not contain any plumbing or sanitary waste disposal systems
or facilities for cooking. In no case shall the definition of a sleeping cabin be deemed to
include a premises for the temporary accommodation of members of the public for a fee.
In the case of a sleeping cabin to be located on a lot which is at least
times the
minimum lot frontage and lot area required by this By-law, a maximum of 5
(600
sq. ft.) may be permitted.
3.30
"CABIN, TOURIST" shall mean a detached building for the sleeping
dation of
guests ,i,n which sanitary facilities may be provided but shall n,' ont~ any facilities for
the preparation or cooking of food.
3.31
"CAMP, CHARITABLE" shall mean a seasonal c~mp operat
approved under the Charitable Institutions Act.
3.32
"CAMPER TRAILER" shall mean any vehicle in wh
e assembly can be erected, while
stationary, using the trailer body and rei
comp,B' ents for support and utilized for
temporary living, shelter and sleepin
tion with Or without cooking facilities,
which is collapsible and compact wh
n by an automobile.
3.33
"CAMPING ESTABUSHMEN sea tourist establishment consisting of at least
five (5) camping lots and comprising
used or maintained asgrQunds for the camping
or temporary parking/of travail rs, motorized mobile homes, recreational vehicles,
truck campers, ca '
railers' or tents but does not include parks or camping grounds
maintained by any mi
or: epartment of the Government of Ontario or Canada or any
Crown corpora
n or board.
3.34
ean a building or structure of which is used for the parking or storage
r automobile or commercial vehicles of less than one tonne capacity
either servicing nor repairing of automobiles is carried on for remyneration.
3.
H" shall mean building or structure for the operation of automobile washing.
'?
WAS", AUTOMAnC" shall mean a car wash where the labour is not supplied by
tne patron.
3.35.2 "CAR WASH, COIN OPERATED" shall mean a car wash where the patron supplies the
labour.
9
3.36
"CARTAGE OR EXPRESS TRUCK TERMINAL" shall mean a building, structure or place
where trucks or tractor trailers are rented, leased, kept for hire, or stored 01" parked for
remuneration, or from which trucks or transports, stoted or parked on the property, are
dispatched for hite as common carriers, and which may include a warehouse.
3.37
"CELLAR" shall mean the portion of a building or structure which is partly underground
and below the first floor and which has at least one half of its clear heig
elow the
adjoining ground level.
3.3.8
"CERTIFICATE OF OCCUPANCY" shall mean a certificate issued by
ilding
Official for the occupancy of any land, building or structure, residenf ,
ercial or
industrial purposes to the effect that the proposed use or ac
.
co~es with this By-
law.
3~39
'~CHIEF BUILDING OFFICIAL" shall mean the officer or emp
e of the municipality and
appointed by the Corporation with the duty of administe .
tho
rovisions of the Ontario
Building Code, Building By.,.law and Zoning By"
3.40
"CEMETERY" shall mean a cemetery or co u
Act, as amended.
3.41
"C.HURCH'· shall mean a buil
school, convent, monastery 0
recognized religion that is:
include a church hall, auditorium, sunday
a ed uses, dedicated to public worship by a
3.42
i)
ii}
iii}
charitable a
ing to
ct of religious worship; and
ed both as to the conti nuity of its existence and as to its
d practices.
~ .... rnggn a building or part thereof used by qualified medical practitioners,
opaths, or drugless practitioners, numbering mote than two for public or
. I, surgical, physiotherapeutic or other human health purposes, but does not
rivateor public hospital.
B" see "PRIVATE CLUB" and "COMMERCIAL CLUB".
3.44
"COMMERCIAL" shall mean the use of land, buildings or structures for the purpose of
buying and selling commodities and supplying services as distinguished from such uses
as the manufacturing or assembling of goods; warehousing, transport terminals,
construction and other similar uses.
TOWNSHIP OF UMERICK - COMPR.~"'~.NSWE ZONING BY-LAW
10
3.45
3.46
3.47
3.48
3.49
3.50
3.51
3.52
3.53
"COMMERCIAL CLUB" shall mean a building or part of a building where (j club is operated
for gain or profit and may include facilities for physical fitness and recreation.
"COMMERCIAL VEHICLE" ~hall. mean any automobile having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, fire apparatus; police
patrols, motor busses including school busses and tractor trailers used
r hauling
purposes on the highway.
;'CONSERVAll0N/CONSERVAll0N USES" shall mean the prese
improvement and use of land and/or water for the purpose of planne
these natural resources.
;
"COMMUNITY CENTRE" shall mean any tract of land,
ilding
uildings used for
community activities whether used for commercial purpose
not,'the control of which
is operated under the Community Centres Act, as amend
fro
time to time.
"CONTRACTOR'S YA.RD" shall me(jn a pi ce wend is used for the storage in the
open, of goods and materials, machinery
d/or ~ipment normally utilized by the
construction industry and may inclu
f machinery, but does not include the
storage of such items as would r
pp val under the Health Promotion and
Protection Act, R.S.O. 1980, Ch . .
mended, nor does it include a salvage yard
as defined by this by-law nor e~ui
m(lterials used for blasting.
ean the Corporation of the Township of Limerick.
E.KEEPING" shall mean a temporary dwelling unit in a tourist
ent designed for human habitation and equipped with a kitchen, and having a
'in common with the other buildings in a group, should the cottage be part
of .similar cottages.
UNCL" shall mean the Municipal Council of the Township of Limerick,
3.55
"CRAFT SHOP" sh(jll mean a building or structure where manufacturing is performed by
tradesmen or craftsmen requiring manual or mechanical skills and may include a
carpenter's shop, a locksmith's shop, a gunsmith'sshop, a tinsmith's shop, a potter's shop,
a jeweler's shop, sculptor's studio or similar Uses. A craft shop may also involve the sale
of goods or materials manufactured on the premises.
11
3.56
"DAY NURSERY" shall mean a facility operated for pre-school age children within the
meaning of The Day Nurseries Act, as amended.
3.57
"DECK" shall mean a horizontal surface supported on piers or by other mea
roof or other covering and which may be surrounded by a railing, the heig
governed by the Ontario Building code.
3 .- 58
"DEER YARD" shall mean any area where deer concentrate in the winter
,
~
3.59
"DEREUCT VEHICLE" shall mean an automobile, whether or not I
ct or operable, which:
i)
is not currently licensed or is not exempt from licenci
underthe provisions of the Highway Tra
Act; a
ii)
has not been moved under its oWn p
any period of 21 consecutive
days; and
iii)
is not located in an enclosed buildi
any adjacent lands which are
but shall not include an autom
ept for sale or repair upon premises which
are lawfully used hereunder fo , an· frno He body shop, automobile service station or
an automobile sales agency.
3.60
a)
II shit\ mean the construction, erection, or placing of a building
, aking of an addition or alteration to a building or structure
sing the size or usability thereof, and includes such related
nd the placing or dumping of fill and/or any other operations
ral environment in, on, over or under land or water.
vision development shall mean more than four lots.
:hall mean a structure built itt or anchored to the shore at which boats or other
ting vessels are berthed or secured to and which may provide a foundation for a
house.
3.62
"DOCK, COMMUNAL" shall mean any dock owned anq/or used by more than one
interest.
3.63
"DRY CLEANING SHOP" see "LAUNDRY AND DRY CLEANING SHOP".
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
12
3.64
"DRIVE-IN RESTAURANT" see "RESTAURANT, DRIVE-IN",
3.65
"DRIVE-THRU FAOUYV" means premises use to provide or dispense products or services
through an attendant or a window or an automated machine, to persons remaining in
vehicles that are in a designated stacking aisle, A drive-through facility may be i,n
combination with an eating establishment, a restaurant, a drive-in restaurant, and a take-
out restaurant."
3.66
'~DRJVEWAY" shall mean an area of land which provides vehicula
travelled portion of a street to a parking aisle.
3.67
"DUPLEX" see "DWELUNG, DUPLEW',
3.68
"DWE.LUNG" shall mean a building or structure or part 0,
the
and capable of being occupied for human habitation, and i
des a building that would
be or. could be intend~d to b~ used !or such pur ose exc~t f
Its state of disrepair and
shallmclude any mobile dwelling unit.
,
3.69
"DWELUNG, ACCESSORY" shall mean a SI~
permitted non-residential use, locat
the owner or the person employed
deta~ed dwelling which is accessory to a
lot therein and is occupied by either
re such qwelling is located.
3.70
"DWELUNG UNIT" shall mea'
, te 0
0 or more rooms, designed or intended for
use by one or more persons, in which
tary conveniences ate provided, in which facilities
are proviqed for coo ing, or
in
lIation of cooking equipment, in which a heating
system is provided a·' contaiing a private entrance from outside the building or from a
common hall or stairw
3.71
' SORY" shall mean a dwelling unit which is part of and i\lccessory
-residential building other than an automobile service station or
~~l!9r Such dwelling unit shall be occupied by the owner of the non-
ilding or by a person employed on the lot Where such dwelling unit is loc,ated.
3.
G, CONVERTED" shall mean a dwelling erected prior to passing of this By-law
red to contain not more than 2 dwelling units,
3.73
II WELUNG, PUPLEX" shall mean a building that is divided horizontally and/or vertically
into two dwelling units, each of which has an independent entrance either directly or
through a common vestibule,
13
3.74
"DWELLING, MULTIPLE" shall mean a separate building containing three or more
dwelling units whith are horizontally and/or vertically attached with masonry walls and
which have separate private entrances from the exterior of the building or from a common
hallway.
3.75
"DWELLING, S~ONA."" shall mean a detClched building constructed Clnd used as a
secondary place of residence for seasonal vacatiqns and recreational purpos
nd not as
the principal residence of the owner or occupant thereof.
3.76
"DWELLING, SEMI-DETACHED" shall mean a separate building con
dwelling units separated vertically by a common wall, each unit having
Clnd exit facilities.
3.77
"DWELLING, SINGLE DETACHED" shall mean a separat
to be occupied as a single housekeeping unit.
ned Clnd intended
3.78
"DWELLING UNIT, BACHELOR" shall mean a
nit consisting of one bathroom
Clnd not more than two habitable rooms rovidi
J rein living, dining, sleeping and
kitchen accommodation in appropriate in
al or wmbination room or rooms,
3.79
"EATING ESTABUSHMENT" shall
ui 'mg or part of a building where food is
prepared and/or cooked for ..
blic, and includes a restaurant, a drive-in
restaurant, a take-out restaura t, a
ar, a dairy bar, coffee shop, dining room, cafe,
ice cream parlour, tea or lunch room
reshment stand but does not include a boarding
or rooming house or chip w
chip truck. An eating establishment may include a
drive-thru facflity a
d in
is Bylaw.
3.80
E
i
, shall mean any facility intended primarily for the use of
es which include social, cultural, athletic or recreational activities,
ny centre established under the Elderly Persons Centres Act, as
ENTAL IMPACT STUDY (EIS)" shall mean a $tudy prepared in accordance
'Ii$hed procedures, as outlined in Section 3.2.8 of the County of Hastings Official
n, to identify and access the impacts of development on provincially significant
ands, waterways and wetlands.
3.82
i'EQUIPMENT SALES/RENTAL AND REPAIR ESTABLISHMENr' shall mean a building or
part of a building, structure or yard in which articles, machinery and equipment, including
heavy machinery are offered for rent and may be servicec;:l or repaired, and may be offered
or kept for rent, lease or hire under agreement for compensation.
TOWNSHIP OF UMERICK - C;:OMPREHENSJVE ZONING BY-LAW
14
3.83
"ERECT" when used in this By-law includes construction, reconstruction, and relocation of
buildings and structures, and without limiting the generality of the work, also includes:
i)
any preliminary physical operat.ionsuch as excavating, filling, regrading or draining;
ii)
altering any existing building or structure by adding, enlarging, extending,
remodeling, renovCiting, moving, demolishing, or effecting other structural
changes;
iii)
any work for the doing of which a building permit is required under \iti~w
By-law of the Corporation; and
iv)
erect, erected or erection shall have a corresponding meaning.
3.84
"ESTABUSHED BUilDING UNE" shall mean the average setb
sting buildings.
buildings have been
th street frontage.
A building I.ine is considered to be established when at .Ieast tli
erected on anyone side of a continuous 300 metres (984.
) of la
3.8S
"ESTABUSHED GRADE" shall mean the average surface eleva, n of the ground level or
sidewalk adjoining the front wall of the buildin
tructtrr'e
3.86
"EXISTING" un.less otherwise described, stl
. ting as of the date of the passing
3.87
3.88
3.89
3.90
of this By-ICiw.
"EXTERIOR SIDE LOT UNE" s~Wl
f
"EXTERIOR SIDE YARD" see "YARD
PLY DEALER" shall mean an establishment for the repair
ements including the sale of fuel, lubricants and related
nt on the same premises.
T
" shall mean a building or part of a building in which the wholesale
tJt'he general public is carried on. The. outlet mayor may not be in the
which the goods were produced nor must the outlet be located on the same
i
'hich the factory is located .
..
EA MARKET" shall mean a building or part of a building where second hand goods,
. les and antiques are offered or kept for sale at retail to the general public but shall
hot include any other establishment otherwise defined or classified herein.
15
3.92
"FLOOD PLAIN'~ shall mean:
i)
the area, usually low lands, adjoining a watercourse which has been, or may be,
covered by flood waters; or
ii)
where the high water mark is not known, any land situated between a watercourse
and a line parallel to and at a distance of 15 metres (49.2 ft.) measured at right
angles from the top of the bank of a watercourse; or
iii)
where the high water mark is not known and the bank of a water
not
discernible, the horizontal area, 20 metres (6S.6 ft.) wide, on
the
centre of a watercourse.
3.93
~IFLOOR A.REA. GROSS" shall mean the total floor area of all t, ~ tore
fa blJilding and
shall indudethe floor area of any apartment or areas common to
tenants, which floor
areas are measured between exterior faces of the exter"
ails 0
e building at each
floor level, but excluding car parking areas within the bing and any finished or
unfinished basement or cellar. For the purpose of this
fini
n, the walls of an inner
court are and shall be deemed to be exterior
3.94
"FLOOR. GROUND" shall mean the lowe
above the finished grade level.
3.95
"FLOOR AREA, GROUND" sh
or area of the lowest storey of a building,
approximately at or first above
1m
.eCl grade level, of which the area is measl,Jred
between the exterior faces of the
rior walls at the floor level of such storey, but
exch,ldes car parking
eas withllhe: uilding and any finished or unfinished basement or
cellar. For the pur
of thi'. paragraph, the walls of an inner court are and shall be
deemed to be exterio
~.96
ean a building or part of a building wherein food and other
kept for sale at retail to the general public and which operates on a
d carry basis and shall include a grocery store.
ORESTRY USES/GOOD
FORESTRY PRAeneES"
shall
mean
the
na
ent of forest resources and the proper implementation of harvest, renewa.1 a.nd
aintenance activities know to be appropriate for the forest and environmental conditions
er which they are being applied and that minimize detriments to forest values
including significant ecosystems, important fish and wildlife habitat, soil and water quality
and quantity, forest productivity and health and the aesthetics and recreational
opportunities of the landscape,
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
16
3.98
"FOUNDAnON" shall mean a system or arrangement of structural members including
footings, rafts or piles through which the loads from a building are tran.sferred to
supporting soil or rock.
3.99
"FRONT LOT UNE" see "LOT UNE, FRONT".
3.100 "FRONT YARD" see "YARD, FRONT",
3.101 "FUEL STORAGE TANK" shall mean a tank for the bulk storage of p
fuel, oil, gas or flammable liquid or fluid but does not include a conta
liquid or fluid legally and properly kept in a retail store or a tank
incidental to some other use of the premises where such tank
ocategf
3.102 "FUNERAL HOME" shall mean a building, or a portio
, designed for the
purpose of furnishing funeral supplies and services to the
lic and includes facilities
intended for the preparation of the dead human body for' te . ent or cremation.
3.103 "GARAGE, COMMERCIAL" shall me~n a buildin
ucture or lot where commercial
or maintained,
motor vehicles are stored or where vehicl
3.104 "GARAGE, PRIVATE" shall mean a
used for the parking o.t storage
ding or a part of the principal building
. enger motor-vehicles or commercial vehicles
In neither servicing nor repairing is carried on
of less than one tonne capaci
for remuneration.
into one I
n a manufactured detached dwelling consisting of separate
Ions which are designed to permit easy delivery to and assembly
it on a specific site, and which are re.usableand designed to permit
r transport back to the factory or to another site at an appropriate
eas
!i
o circumstances shall a garden suite be defined to include a single wide or
obile home, a motorized mobile home, a travel trailer, tent trailer or trailer
'designed,
BAR" shall mean one or more pump islands, each consisting of one or more gasoline
pumps and shelter having a floor area of not more than 9:3 square metres (100 square
feet), excluding washrooms, which shall not be used for the sal.e of any product other than
liquids and small accessories required for the operation of motor vehicles and shall not be
used for repairs, oil changes or greasing, but this definition shall not include a kiosk on a
pump island.
17
3.108 "GASOUNE PUMP ISI,.A.ND" shall mean a structure which is an accessory use intended
to provide gasoline for vehicles.
3.109 "GAZEBO" shall iTlean a freestanding, roofed accessory structure which is not enclosed,
except for screening anQ which is utilized for the purposes of relaxation in conjunct jon
with a residential dwelling but shall not inch,lde any other use or activity otherwise defined
or clCissified in this By-law.
3.1:1.0 "GIFT SHOP" shall mean a building or part of a building where crafts,
similar items are offered or kept for sale at retail to the general public b
any other establishment otherwi.se defined or classified in this By-ICiW. ';'
3.111 "GOLF COURSE" shall mean a public or private area operated
e purpose of playing
golfand includes a par 3 or larger golf course, a miniatu
. If (oU
and driving range.
3.112 "GREENHOUSE" shall mean a building for the
0
vegetation which are primarily intended to e tran
lants, shrubs; trees .and similar
ed outdoors.
3.113 "GROUP HOME'! shall mean a dwem
ich not less than three and no more
than six people receive specialized
ed (residential care and accommodation by
virtue of their physical, mental,
ial or legal status and which is approved or
licensed in accordance with a
e Parliament of Ontario, Without limiting the
generality of the foregoing, grou
sinclude a home for foster children, a home for
elderly persons, a h
for devefOo,mentally delayed or physically disabled persons and a
home for people
lescing after hospital treatment and are under medk.al
supervision but does·
e a facility maintained and operated primarily for persons:
i)
aced on probation under the Probation Act, The Criminal Code
e Juvenile Delinquent Act (Canada); or
en released on parole under the Ministry of Correc,:tionCiI Services Act;
role Act (Canada) or the Provincial Offences Act; or
re admitted to the institution for correctional purposes.
L H SPA" shall mean a building or buildings and associated land, facilities and
·ssory buildings and uses which provide for the physical and emotional treatment of
the human body.
3.115 "HEREAFTER" shall mean after the date of the passing of this By-law.
3.116 "HEREIN" shall mean in this By-law and shall not be limited to any particular section of
this By-law.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-I.,AW
18
3.117 "HIGH WATER MARK" shaJI 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.
3.118 "HOME INDUS"rRY" shall mean an Industry which is clearly incidental Or sec
residential use of a single detached dwelling and is conducted either enti~~it!
single dwelling or in an accessory building to a single dwelling, by an '
Such industries shall include: a woodworking shop; a welding shop; a
shop, a blacksmith shop or similar use.
3.119 "HOME OCCUPATION" shall mean a use which is clearly incld
I or secondary to the
residential use of a dwelling and is conducted entirel
'thin
,$
a dwelling by an
inhabitant thereof and shall not use more than 25% of the g
floor area of the dwelling,
Sl,Ich uses may, among others, include an outlet or
Ice
r a real estate agent;
hairdresser; dressmaker; dentist; doctor; Chirop~ .
otherapist; licensed masseur or
masseuse or osteopath or other profession I; or a
~nd breakfast establishment.
3.120 "HOSPITAJ., PRIVATE" shall mean
efined by the Public Hospitals Act, as
amended from time to time.
3.121 "HOSPITAL, PUBUC" shall m
al as defined by the Public Hospitals Act, as
3.122
3.123
amended from time to time.
/
uildin or structure used for the purpose of catering to the needs
plying sleeping accommodations, and mayor may not
ts and which may include permanent staff accommodation
ensed under the Liquor Licence Act .
. 11 mean a base camp for recreational activities such as hunting which
or temporary accommodation only, in a remote location where
munity services are usually not available and shall not mean a dwelling
II"nnnm,l:)rr'al facility and shall not be used for habitation on a permanent bClsis.
ENSIVE AGRICULTURE" see "AGRICUl TURf, INTENSNE",
3.12S "INTE.RlOR SIDE YARD" see '-'YARD, SIDE".
19
3.126 "KENNEL" shall mean a building or structure where dogs, cats or other domestic
household pets are kept, boarded and/or bred, and shaH contain no more t.han 12 dogs
over the age of 4 months and in Which enclosed outside runs shall be permitted, but shall
not apply to the keeping of animals in a veterinary establishment for the purpose of
observation and/or recovery necessary to veterinary treatment.
3.127 "LANE" shall mean a thoroughfare or way, which affords only a s~condary m
to abutting property.
3.l28 ".LA.NPSCAP~D" shall mean an area not built upon and not used for
than as a landscaped area and which shall include at least a hedgerow
similar type of vegetation not less than .3 metres (1 ft.) in hei,"
at
time of planting
and Which, when fully grown, will reach a height of not less
n 2 metres (6.6 ft.),
extending the full length of the landscaped area and be.
·ntain
a healthy growing
condition. A landscaped ar~a do~s not include driveways, pa
spaces or parking aisles ..
3.129 "LAUNDRY AND DRY CLEANING SHOP'~ shal
ilding or part of a building used
for the purpose of receiving articles or go ds of
to be subjected to a commercial
process of laundering, dry cleaning, dry dye
Or cle . n9 elseWhere and for the pressing
and distribution of any such article
hkh have been SUbjected to any such
process and shall include self-s
u
ry and/or self-service dry cleaning
establishments.
3.130 "UVESTOCK" shall mean dairy, be
ine, poultry, cattle, horses, mink, rabbits, sheep,
goats, ratites, fur b
Is, deer and elk, game animals, birds or any other
domesticated anim
II mean one or more barns or permanent structures with
ns, intended for keeping or housing of livestock as defined
G SPACE" shall mean an l,mencumbered area of land which is provided and
·pon the same lot or lots upon whieh the principal use is located and which
is provided for the tempqrary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicle, and
such parking shall not be for the purpose of sale or display;
ii)
is suitable for the temporary parking of one commercial motor vehicle;
iii)
is not upon or partly upon any street, lane or alley; and
iv)
has adequate access to permit ingress and egress of a commercial motor vehicle
from a street by means of driveways, aisles, manoeuvring areas or similar areas, no
TOWNSHIP OF UMERlCK - COMPREHENSIVE ZONING BY-lAW
20
3.133
3.134
3.135
3.136
part of which shall be used for the temporary parking or storage of one or more
motor vehicles.
"LODGE" shall mean an establishment catering to the vacationing public by providing
meals and sleeping accommodation to at least five (5) guests in rooms or cabins, but shall
not include any establishment otherwise defined here.in.
"LOGGING" shall mean the removal or cutting of merchantable timber eithmiP or
clear or total cutting operations but does not include. the selective ha
.
of
. ture
timber nor does it im;:Jude the clearing of land incidental to puttin
Into a
condition necessary for the bona fide exercise of a use specifically per
erein and
selective harvesting as used herein means the harvesting of
re t1~er while causing
a minimum of damage to adjacent growth in accordance with g
forestry practice.
"LOT" shall mean a parcel of land, the boundaries of
hic
are defined in the last
registered instrument by which legal or equita
. Ie t
he said parcel was lawfully and
effectively conveyed or which is a whole 10 as sho
a Registered Plan of Subdivision
subject to the provisions of the Planning .
of a corner lot having street lin
or less, the lot area of such lot's
point of intersection.
/
re - ithin the lot line of a lot and in the case
the corner with a radius of 6 metres (19.7 ft.)
ated as if the lot lines were projected to their
3.137 "LOT, CORNER" sh· '
private roads, having
t situc;lted at the intersection of two or more. streets or
intersection of not more than 135 degrees. The front lot
d to be either lot line abutting the street.
line on a corne
~ all mean that percentage of the lot area covered by all buildings or
lodihg any part of a building or structure which is constructed entirely
For the purposes of calculc;lting lot coverage, the lot coverage of each zone
r
ed to apply only to that portion of such lot that is located within the. said
,. DEPTH" shall mean the horizontal distance between the midpoints of the front and
rear lot lines, and where there is no rear lot line, lot depth means the length of a line within
- the Lot between the midpointofthe front lot line and the most distance point of the apex{s)
ofa triangle formed by the side lot lines.
21
3.140 "LOT FRONTAGE" shall mean the horizontal distance between the side lot lines measured
along the front lot line, but where the front lot line is not a straight line or wbere the side
lot lines are not parallel, the lot frontage is to be measured nine (9) metres (29.5 ft.) back
from the front lot line and parallel to the chord of the lot frontage. Pontie purpose of this
paragraph the chord of the lot frontage is a straight line joining the two points where the
side lot lines intersect the front lot line.
3.141 "LOT, INTERIOR" shall mean a lot other than a corner lot
3.142 "~OT UJ'"E" sball mean any boundary of a lot.
3.143 "LOT UNE, EXTERIOR SIDE'; shall mean the longer of the lo~ . es o~orner lot which
abuts a street.
3.144 "LOT UNE, FRONT" shall mean the line that divides a lot
a street, a private road or
a navigable waterway. In the case of a lot with frontage o,ia
t, the front lot line shall
be deemed to be the line that divides the lot ~
e4ftreet. In the case of q lot with
frontage on a private road and a navigable aterw
high water mark shall be deemed
to be the front lot line. In the case of a corn
ot eit
lot line may be deemed to be the
front lot line. In the case of a lot wi
a private road only, the front lot line
shall be deemed to be the line that
from the private road.
3.145
arthest from and opposite to the front lot line
and where the side lot lines conver
the rear of the lot to form a triangular shaped
PQrcel of land, the rea· lot line;all
ean the apex of the triangle formed by the side lot
lines. Furthermore"
re the
ar lot line is situated adjacent to a body of water, such lot
line shall be the line f
. the high water mark of a body of water.
3.146
ean any lot line other than the rear or front lot line.
Shall meail a lot bounded oil two opposite sides by streets provided
. t if any lot qualifies as being both a corner lot and a through lot as herein
"
. lot shall be deemed a corner lot for the purpose of this By .. law.
UMBER YARD" shall mean an area where finished and unfinished lumber is stored but
S not include an establishment or area otherwise defined in this by-law.
3.149 "MARINA, PUBUC/PRIVATE" shalll1lean a building or structure with access to a body of
water, where boats and boat accessories are berthed, stored, serviced, repaired or kept for
sale and where facilities for the sale of marine fuels and lubricants may be provided ..
TOWNSHIP OF LIMERICK - COMPREHENSIVE ZONING BY-LAW
22
3.150 "MARINE FACIUTY" shall mean an accessory builcjing or structure which is used to take
a boat into or out of a water body to moor, berth or store a boat and includes a boat
launching ramp, boat lift, pumping station, dock or boathouse and a water pump house
butshall not include any building used for human habitation or any boat service, repair or
sales facility and shall comply with the minimum side yard requirements ofthe respective
zone.
3.151 "MERCHANDISE SERVICE SHOP" shall mean a building or part ofa build
connected with a retail shop or not in which persons are employed in f
or .servicing of articles, machines, goods or materials as opposed to t
same. Merchandise service shops include such establishments as sma
such items as lawn mowers, chainsaws and snowmobiles.
"
.;
3.152 ·.'MINIMUM DISTANCE SEPARAll0N" shall mean a se .
for in Section 5.36 and Appendix l.
i)
Minimum Distance Separation I provid
imui'distance separation for new or
expanding development from existi g lives
acilities.
ii)
Minim\.Jm Distance Separation n pro. es min
m distance separation for new or
expanding livestock facilities f '
Qr approved development.
3.153 "MOBILE CANTEEN" shall mea
hether mechanically propelled ot otherwise
from which refreshments are
I
r consumptipn by the public and shall include chip
trucks, coffee tru(.ks, hot dog c, a~
cream carts.
3.154 "MOBILE HOM
EAllGNAL VEHICLE" shall mean any motor vehicle so
tained, self-propelled unit capable of being utilized for the
mmodatiOri of p.ersons.
3.155
n shall mean a factory built, det~ched structural unit designed to be
e' g transported after fabrication to a lot, and which is suitable for year
. ancy in similar fashion as a dwelling (,mit, except for minor and incidental
/
d assembly operations, placement on defined supporting structures and
l1s to utilities.
TEL" shall mean an establishment which consists of one or more than one building
containing more th~n one rental unit for the purpose of catering to the travelling public,
to whom the automobile is the principal means of transportation, by furnishing sleeping
accommodations with or without meals and which may include permanent staff
accommodation and mayor may not be licensed under the Liquor Licence Act.
3 -. 157 "I\IiULnPLE DWELUNG" see "DWELUNG, MULTIPL.E".
23
3.158 "MUNICIPAL/PUBUC UnunESYARD" shall mean a lot which may include a building or
structure and also associated storage structures used for the storage, maintenance or
repair of equipment, machinery or motor vehicles used in connection with civil works and
shall include a public works yard.
3.159 "MUNlaPALITY~' shall mean the Corporation of the Township of Limerick.
3.160 "NON-COMPLYING USE" shall mean a permitted land use, building 0
at the date of the passing of this By-law which does not fulfill the requir
provisions (e.g. yard setbacks) for the zone withi.n Which it is locat
continue to be used or exist, provided there is no change in t ,
use (
the structure).
ezone
hich may
. enlargement of
3.161 "NON-CONFORMING, USE" shall mean a lawful and speci
se, building, structure or
land existing at the date of the passing of this By-!J.w
. Ich does not fulfill the
requirements of the use provisions for the z
wHFch it is located, but which may
continue to be used for such purposes or ctiviti,
video there is no change in that
use.
3.162 "NUISANCE" shall mean any
dangerous to health or that pr
the suppression of a disease. ;
sting that is or may become injurious or
Inders or may prevent or hinoerin any manner
3.163 "NUItSERY/GARD'
NTR GREENHOUSE" shall mean:
i)
ou .. ' trees or other plants are grown for transplanting or for sale,
de the s.ale of related accessory supplies.
ii)
r the growing of sod, flowers, bushes, trees or other gardening,
or orchard stock for wholes.ale or retail sale.
ilding or structure, and lands associated therewith, for the growing of flowers,
I' ; vegetables, plants, shrubs, trees or similar vegetation together with
. dening tools and implements which ate sold at retail from such building or lot
to the general public.
3.164 "NURSERY SCHOOL" shall mean a day OlJrsery within the meaning of the Day Nurseries
Act, as amended from time to time, and shall include a day care centre.
TOWNSHIP OF UMERICK - COMPREHENSIVe ZONING BY-LAW
24
3.165 "NURSING HOME" shall mean:
i)
a building in which the proprietor supplies for hire or gain, lodging with Or without
meals and, in addition, provid~s nursing, medical or similar care and treatment, if
required, and includes a rest home, or convalescent home, and any other
establishment required to operate under the appropriate statute.
ii)
any premises in which persons are cared for, lodged, either by
institution within the meaning of the appropriate statute or
addition to sleeping accommodC)tion and meals, personal care,
es or
medical care and treatment are provided or made available, but
t include
a Maternity boarding house. Por the purpose of thi,
finitig1, 'personal care'
means personal services such as the provision of aid to
idents in walking or
climbing or descending stairs, in getting in or
of bed,
feeding, dressing,
bathing or in other matters of personal hygiene, an . cludes the preparation of
special diets, the provision of tray service for mea~ the· pervision of medication
and other similar types of personal assi
e aAfPresident' means a person who
l
is cared for or lodged for hire in su· prehl
3.166 "OPEN SPACE/OPEN SPACE USES"
. e open, un.obstructedspace on a lot,
3.1(;7
including the open, unobstructed s
e to an occupants of any residential or
commercial building or struct
uitable and used for the growth of grass,
flowers; bushes and other vege
I a
ay include any surface pedestrian walk, patio,
pool, or similar area, but does not in~ . e any driveway, ramp or parking spaces, parking
an uvering areas or similar areas.
an accessory storage area outside of the principal or main
.. CEil shall mean a building or structure that is used to provide heat or
tht main building on a lot but is separate from the main building on the
ATE" shall mean a park other than a public park.
tRK. PUBUC" shall mean a recreational area owned or controlled by the Corporation
or by any Board, Commission or other Authority established under any statute. of the
Province of Ontario or Government of Canada.
3.171 "PARKING AISLE" shall mean an area of land which abuts and provides direct vehicular
access to one or more pC)rking spaces.
25
3.172 ~'PARKING AREA" shall mean an area of land which is provided and maintained upon the
same lot or lots upon whith the principal use is lOcated or upon a privately owned lot
situated within 60 metres (196.9 ft.) of the said lot and which areas comprise all parking
spaces of at least the minimum number required according to the provisions of this By-
law, and all driveways, aisles, vehicular maneuvering areas, entrances, exits and similar
areas used for the purpose of gaining access to or egress from the said parkin spaces.
3.173 ,ipARKlNG LOT" shall mean any parking area other than a parking area a
to a
3 .. 174
permitted use.
"PARKING SPAC~" shaJi mean an area of land having a width of not less
.7 metres
(8.9 ft.) and a length of not less than 6 metres (19.69 ft.), exd
. e of~les or any other
land used for access or vehicular maneuvering, for the tempora
arking of one motor
vehicle. A parking space may be located in the open ot.~· in a pr i:e garage, carport,
building or other covered area and shall have adequate
ss to permit ingress and
egress of a motor vehicle from a street by means f driv
ys,
sles or similar areas.
3.175 "PERSON(S),' shall mean any human bei'l9, asso
n, firm, partnership, private club,
incorporated company, corporation, age~ trust
and the heirs, executors, or other
legal representatives of a person to
"xt can apply according to law.
3.176 "PERSONAL SERVICE SHOP"
ilding or part of a building in which persons
3.177
are employed in furnishing se,
personal needs of persons. Persona
shops, hairdressing
ns, sh
p
o erwise administering to the individual and
ice shops, include such establishments as barber
rand shoeshine shops and depots for collecting dry
cleaning and laund
, (i under water from which unconsolidated aggregate is being
nd that has not been rehabilitated, but does not mean land or
avatedfor a building or other work on the excavation site or in
order has been made under the Aggregate Resources Act.
CR~.E.N~' shall mean a continuous hedgerow of evergreen trees or shrubs,
'an 1.6 metres in height, immediately adjacent to the lot line or portion thereof
rig which such planting screen is required herein.
3.179 " RIVATE CLUB" shall mean a building or part of a building used as a meeting place for
members sharing a common interest and includes a fraternal lodge or organization and a
labour union hall. Such private clubs shall not be operated for profit.
3 .- 180 "PRIVATE GARAG~" see IIGARAGe, PRIVATE".
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
26
3.181 "PRIVATE PARK" see "PARK, PRIVATE".
3.182 "PRIVATE ROAD" shall mean a street other than a "street" as defined in this By-law.
3.183 "PROVINClAll Y SIGNIFICANT WETLANDS" shall mean Wetlands in the Great Lakes -
St. Lawrence Region as defined in ':An fvaluation System for Wetlands of Ontario South of
the Precambrian Shield" Second Edition 1984 as amended from time to time.
3.184 "PUBUC USE" shall mean the Corporation of the municipality a
s or
Commissions thereof: any telecommunications companYI any compan
atural
gas to the municipality, the electric authority, the County of Hastings an
partment
of the Government of Ontario and Ca,nada, or other similarly r,
niz~gencies.
3.18S "PUBUC GARAG.E" see "GARAGE, PUBUC".
3.1E16 "PUBUC PARK" see "PARK, PUBUC".
3.187 "QUARRY" shall mean land or land uncle
being or has been excavated and that has
or land l!nder water excavated for a
which consolidated aggregate is
bilitated, but does not mean land
3.188 "REAR lOT UNE" see "LOT U
3.189 "REAR YARD" see "Y
3.190
3 -
.;'
ean the use of land for parks, playgroundS, tennis courts,
" and outdoor skating rinks, athletic fields, golf courses, picnic
ding clubs, day camps, community centres, snow skiing and all
er with necessary and accessory buildings and structures, but does not
or a track for the racing of animals, motor vehicles, snowmobiles or
ONAl USE, ACnYE OUTDOOR" shall mean uses such as golf courses, lawn
ling greens, tennis courts, outdoor skating rinks ~nd swimming pools, together with
ssary and accessory buildings ~nd structures.
3.192 "RECREATIONAL USE, PASSIVE OUTDOOR" shall me~n such uses as hiking and ski trails,
nature observation locations and open space as opposed to (for example) tennis courts,
golf courses and baseball diamonds.
27
3.193 "RECREATIONAL ESTABUSHMENT, COMMERCIAL" shall mean a building u.sed or
intended to be used for a theatre, bowling CJlley, curling rink, swimming pool, billiard
parlour, health club, athletic club or similar uses.
3.194 "RESIDENTIAL" shall mean the use of land, buildings, or structures for human habitation.
3.195 "RESTAURANT" shall. mean a building or part of a building where food is pre·
cooked and offered for sale or sold to the public and where dining tables and
are provided. A restaurant may include a drive-thru facility as defined
rvice
3.196 "RESTAURANT, DRIVE-IN" shall rhean premises consisting of a buil
structure,
together with a parking lot, where food is prepared and/or co.
d an~ered for sale or
sold to the public for consumption either in a motor vehicle par
n the parking lot or
for consumption on the premises and where dining ta. may I;)
.rovided but tCJble
service is not provided. A restaurant may include a drive-thru
iHty as defined by this By-
law.
3.197 "RESTAURANT, TAKE-OUT" shall mean
prepared and/or cooked and offered for sa
tables nor table service are provide
defined by this By-law.
part of a building where food is
e public and where neither dining
t may Include a drive-thru facility as
3.198 "RETAIL STORE" shall mean a
. or part of a building where goods, merchandise,
substances, articles or things are 0
for retail sale directly to the generCJI public and
includes storage on t
store ~mi
of such goods, merchandise, substances, articles
or things sufficient
'ce such store .
. _ ce" shall mean a retail store serving the daily or occasional
the immediate area with a variety of goods such as groceries,
. airy products, patent medicines, sundries, tobacco, stationery,
5 and newspapers.
ARD" shall mean a fenced lot (md/or land for the storage and/or handling of
p.
rial, which without limiting the generality of the foregoing, may include vehicles,
s, metal, used bicycles, waste paper and/or other scrap material and salvage.
3.201 nSANITARY SEWER" shall mean a system of underground conduits, operated either by
the Corporation or by the Ministry of the Environment, which carries sewage to a place of
treatment which meets with the approval of the Ministry of the Environment.
3.202 "SAUNA" shall mean an enclosed structure which does not exceed 10 square metres
(107.6 sq. ft.) in area with an approved heating device to produce steam.
TOWNSHIP OF LlI\II.~RlCK - COMPREHENSIVE ZONING BY-LAW
28
3.203 "SAW AND/OR PLANING MILL;' shall mean a building, structure or area where timber is
cut, sawed or planed, either to finished lumber or as an intermediary step a.nd may include
facilities for the kiln drying and storage of lumber and m~y or may not include the
distribution of such products on a wholesale or retail basis,
3.204 "SCHOOL" shall mean a public, separate, or high school under the jurisdictio
of Education or the Roman Catholic Separate School Board, a priva
continuation school, a technical school, a vocational school, a college, a
educ~tional institution, but not a commercial school.
~.205 "SEASONAL RESIDENCE" see "DWELUNG, SEASONAL",
3.206 "SECONDARY FARM OCCUPATION" shall mean an op
ion con If . ed by individuals
residing on a farm property that is clearly secondary and in
~t~1 to the principal use of
farming on the subject property and is intended to rovidectjv}farmers with a secondary
or supplementary means of income. The ty
. f u
permitted as secondary farm
occupations shall be limited to those involved in t~nufacture or fabrication of goods
(i.e, farm gates, hay bale elevators, a
feed~), uses considered to be trade
occupations (Le. electrician, plumber,
er, mechanic), and those occupations
which are primarily and directly relat
re and farming.
3.207 "SELECTIVE CUmNG/PAR
trees under a recognized harvesting
good forestry practic s and ~o
regeneration.
NG SYSTEMS" shall mean the removal of
em from a forest or woodlot in accordance with
causing undue damage to standing growth and
shall mean a building (or part thereof) containing individual
a fully enclosed room that is used for storage of inCictive and
HED DWELUNG" see "DWELUNG, SEMI-DEtACHED",
.. shall mean the least horizontal dimension between the centre line of a street
wance, measured at right angles to such centre line, and the nearest part of any
ing, structure or excavation on the lot, or the nearest open storage use on the lot.
3.211 "SHOREUNE" shall mean Ciny lot line or portion thereof that abuts a water body,
3.212 "SIDE LOT UNE" see "LOT UNE, SIDE",
3.213 "SIDE YARD" see "YARD, SIDE",
29
3.214 "SINGLE DETACHED DWELUNG" see "DWELLING, SINGLE DETACHED".
3.21S i'SIGHT TRIANGLE" shall mean an area free of buildings or structures, which area is
determined by measuring from the point of intersection of street lines on a corner lot or
where a corner is rounded from the point at which the extended street lines meet, the
dis~nce~equired by this By-law a~ong each such street line and joinin~ su,ch ~nts with a
strCilght line thereby creating a tnangular-shaped parcel of land. ThiS tnang~ aped
parcel of land located between the intersecting street lines and the s
.. ning
the points located the required distance along the street lines is the sig
3.216 "SOLAR COl,.LECTOR" shedl mean any structure subordina
to a ~ncipal structure
designed specifically for the collection of solar energy for exp
ental or ornaniental
purposes or for the purposes of converting such enela for h
. g, lighting, water
production or any other domestic or commercial use that
be obtained from such
source. For the purposes of this by-law, a solar
lIector
II
considered an accessory
structure.
3.217 uSTORMWATER MANAGEMENT" shall
stormwater runoff quality and quanti
and short term management of
quire the construction and installation
of permanent stormwater faCilities.
3.218 "STREET" shall mean a publi
as defined under the Highway Traffic Act, as
amended, from whic:h access may
en to an abutting I.ot and which is dedicated,
assumed and maintai
by a ~ni ality, a county, or the Province of Ontario. A street
does not include.
road allowance, a lane or an una.ssumed road on a
Registered Plan which
deemed not to be a Registered Plan under the Planning
Act.
II mean the limit of the street allowance and is the dividing line
d'a street.
" shall mean anything constructed or erected, the use of which requires
ati
or in the ground, or which is attached to something having location on or in
ground.
3.221 " AKE-OUT RESTAURANT" see "RESTAURANt, TAKE-OUT".
3.222 "TAVERN" shall mean "a tavern" as defined by the Liquor Licence Act, as amended from
time to time.
TOWNSHIP OF UMERJCK - COMPREHENSIVE ZONING BY-LAW
30
3.223 "TEA ROOM':' shall mean a public room accommodating no more than 20 persons, where
tea and light refreshments, but not complete meals, are served for immediate
consumption within the building. A tea room does not include premises licensed under
the Liquor Licence Board of Ontario or any other form of eating establishment as defined
herein.
3.224 "TENT" shall mean every kind of temporary shelter for sleeping that is not
affixed to the site and that is capable of being easily moved.
3.225 "THROUGH LOT" see "lOT, THROUGH",
3.226 "TOP OF BANK'; (Slope) shall mean a point or line which is th
egln
of a significant
change in the land surface, then from which the land surface slop
ownward. When two
(2) or more slopes are located together, the slope that i
. hest a t' arthest away from
the top of the slope shall be the slope considered for the to
f bank.
~
3.227 "TOURIST ESTABUSHMENT" shall mean an
mise( operated to provide sleeping
commodation for the use of the
3.228
accommodation for the travelling public 0
public engaging in recreational activiti
connection with which sleeping ac
generality of the term, also includes
docks, eating establishments a
in
es the services and facilities in
's provided, and without limiting the
ca
and a housekeeping cortage as well as
stores but does not include:
i)
a c:amp operated by a cha .
Ie corporation approved under the Charitable
ii)
iii)
Institutions Act
a summer
the meanings of the regulations under The Health
n Act; or
embers and operated without profit or gain.
TRUCK" shall mean a self.,.ptopelled motor vehicle designed for the
an attached trailer but not forthe carriage of any load when operating
3
RAILER" shall mean any vehicle so constructed that it is suitable for being
achei::l to a motor vehicle for the purpose of being drawn or propelled by the motor
'cle, notwithstanding that such vehicle is jacked-up or that its running gear is removed;
but not including any vehicle unless it is used or intended for the temporary living, sleeping
or eating accommodation of persons therein, and shall be deemed to include a tent, truck
Camper or camper trailer! and may not be placed on a foundation.
31
3.230 liTRAVEL "tRAILER PARK" shall mean a parcel of land maintained for the temporary
parking of tents or travel trailers on individual sites, ~nd shall be subject to the provisions
of this By-law.
3.231 "TRAVEL TRAIUR $lTlE" shall mean an area of land within a travel trailer park that is or is
intended to be occupied by one tent or one trailer or similar vehicle within the meaning
of a trailer as defined above with adequate access to a driveway or public str
3.232 "TRUCK CAMPER" shall mean any unit so constructed th~t it may b
motor vehicle, as a separate unit, and capable of being utilized for th
sleeping or eating accommodation of persons.
3.233 "USE" shall mean the purpose for which any land, building 0
designed, or intended to be used, occupied or maintain .
3.234 "USE, ACCES.SORY" shall mean a use customarily inc'
principal use or building loc~ted on the s~me I ~'
3.235 "VETERINARY CUNJC' shall mean a buil
or pa~f a building in which facilities are
3.236
3.
provided for the prevention, cure a
conjunction with which there may be
the treatment period.
. tl
disease and injury to animals and in
pr
ded for the sheltering of ~nimals during
"WAREHOUSE" shaH mean a bUild~ or part of a building used for the storage and
distribution of goods,
areSi
handise, substances, articles or things and may include
facilities for a whol
or ret . commercial outlet but shall not include a truck terminal.
II mean any land orland covered by water (such as in the
upon, into, in or through which a building or structure in which
uid industrial waste, is deposited or processed and any machi.nery or
e tion required for the treatment or disposal of waste and shall include
tment plant or sewage lagoon.
3.239 "WATER FRONTAGE" shall mean all property abutting a water body measured along the
high water mark.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
32
3.240 "WATERBODY" shall mean any bay, lake, wetland, canal or natural watercourse but
excludes a drainage or irrigation channel.
3.241 "WATERBODY, NARROW" shall mean an area where the. minimum average distance from
shoreline to shoreline is 150 metres (492.1 ft.) for a lake and 50 metres (164.0 ft.) for a river.
3.242 "WATERCOURSE" shall mean any surface stream or river and includes a na
for an intermittent stream and a municipal drain as defined by "The Drai
amended.
3.243 "WAYSIDE PIT" shall mean:
,
i)
a temporary sand or gravel pit opened and used by a g
nmental authority or
authorized contractor for the purpose of a parti
r pubJi
oject such as road
construction, or
ii)
a minor sancl and gravel pit on a farm unit requi
for the. use of that farm
unit.
3.244 "WAYSIDE QUARRY" shall mean a tempo
authority or authorized contractor fa
uarry~ened and used by a governmental
e of a partjcular public project such as
road construction.
3.245 "WETLANDS" shall mean Ian
sonally or permanently covered by shallow
water, as well as lands where the w
ble is close to or at the surface. In either case,
the presence of abun
t wate;as . used the formation of hydric soils and has favoured
the dominance of
hydr
hytic or water tolerant plants. The four major types of
sh . , bogs and fens.
a wooded area in which the majority of trees are at least 10.2
es) in diameter and in which there is a minimum of a fifty (50) percent
foliage.
P" shall mean a building or structure where manufacturing is performed by
des
pie reql,Jiring manual or mechanical skills and may include a carpenter's shop, a
odworker's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, an
olsterer's shop, a welder's shop or similar uses.
3.248 "YARD" shall mean the space appurtenant to a building or structure on the same lot which
is open, uncovered, and unoccupied except for such accessory buildings, .structures, or
uses which are specifically permitted by this By-law. In determining yard measurements,
the minimum horizontal distcmce from the respective lot I.ines shall be used.
33
3.249 "YARD, FRONT" shall mean the yard extending across the full width of the lot between
the front lot line of the lot and the nearest part of any buildings or structures on the lot
The .iminimum
i
- front yard shall mean the distance between the front lot line and the
nearest wall of any principal or accessory building on the lot, according to the context in
which the term is used,
3.250 "YARD, REAR" shall mean the yard extending across the full width of the lot
rear lot line of the lot and the nearest part of any principal building or struct
Where a rear yard is required for an accessory building in this By-law
ition
shall apply except that the words "accessory building" shall be substi
"ncipal
building", The "minimum" rear yard shall mean the minimum distanc
the rear
lot line and the nearest wall of any principal building or acc)
ry
ing on the lot,
according to the context in which the term is used,
3.251 "YARI), SIDE'~ shall mean the yard extending from the front
d to the rear yard between
the side lot line and the nearest part of any build'
or s
ctur on the lot
3.252 "YARD, INTERIOR SIDE" shall mean the 'de yar
ding from the. front yard to the
rear yard between the side lot line and the'
t p
f any building or structure on any
lot and excluding any exterior side y
, .um" interior side y~rd shaH mean the
minimum di.stance between an inter
ot
e and the nearest wall of any principal
or accessory building on the 10
the context in which the term is used,
3.253 "YARD, EXTERIOR SIDE" shall meal.tle side yard of a corner lot in which the side yard
extends from the fro
yard to~e rKr ;ard between the side street line and the nearest
part of any buildin
cture on the corner lot. The "minimum" exterior side yard shall
mean the distance be
exterior side lot line and the nearest wall of any principal
or accessory bul
_,ot, according to the context in which the term is used.
3.254
p designated area of land use shown on the schedules of this By-law,
TOWNSHIP OF uMERlCK - COMPREHENSIVE ZONING BY-LAW
34
SECTION 4 - ADMINISTRATION
4.1
ZONING ADMINISTRATl9N
This By,.law shall be admini.stered by a person appointed by the Council of the municipality
as the Chief Building Official.
4.2
ISSUANCE OF BUILDiNG PERMITS
Where land is proposed to be used or a bl,Jilding or structure is propos
r
ed or
used in violation of this By-law, no permit or licence required under
aw of the
Corporation for the use of the land or for the erection or
. use 4>tthe building or
structure shall be issued.
4.3
APPUCA T10NS FOR BUILDING PEitMITS
In addition to the requirements of the Ontario
ing odet the Corporation's Building
By-law or any other by-law of the Corporati n, Jve
lication for a building permit shall
be accompanied by plans (which dependi
... on thV'ature and location of the work to
be undertaken may be required, by .
. n, to be based upon an actual survey
prepared by an Ontario Land Surve
an appropriate scale and showing the
following:
i)
the true shape and dimensi
< the lot to be used or upon which it is proposed
to erect any building orqtru
re;
ii)
the propose
tion, eight and dimensions of the building, structure or work in
respect of whi .
mit is being applied for;
iii)
the 10ca\"1:.:.
uilding or structure already erected or partly erected on such
10 .
iv)
the
locations Clnd dimensions of yards, landscaped open spacest parking
ading spaces required by this By-law;
sed grading or change in elevation or contour of the land and the proposed
d for the disposal of storm and surface water from the land and from any
Iding or structures thereon;
a statement signed by the owner or his agent duly authorized thereinto in writing,
filed with the Chief Building Official, which stCitement shall set forth in detail the
intended use of each building and structure or part thereof and giving all
information necessary to determine whether or not every such building or structure
conforms with the regulations of this By-law.
4.3.1 In addition to the above requirements, every application which involves the installCition,
enlargement or reconstruction of a well or a sewage system (as defined in the Ontario
35
Building Code)shall be accompanied by:
i)
in the case of a well, a well driller's report demonstrating a water pumping capacity
satisfactory to the Chief Building Official;
ii)
in the case of a well, a bacteriological analysis demonstrating a potable water
supply; and
iii)
in the case of a weU and/or sewage disposal system, approval in wri .
appropriate responsible authority for the proposed well or metho
age
disposal.
4.3.2 In addition to the above, where lands lie within established fill or flood
building
permit application in respect of such land shall be accompan'
by
ritten approval
and technical recommendations of the Conservation Authori
public body h.~vlng
jurisdiction.
4.4
INSPECnON OF LAND OR BUILDINGS
Where the Chief Building Official has reason to b
that any person has used IClnd or
used a building or structure contrary to
By-I, he/she, or Cln employee of .the
municipality authorized by him/her,
asonable hour, enter and inspect the
land, building or structure.
4.5
VIOLATIONS AND PENALnE
Any person who cont
the purposes of thi
a separate offence a
provisions of t
venes .t
p
isions of the By-law is guilty of an offence, and for
day that a breach of this By-law continues shall constitute
s
mary, the offender shall be liable to be fined under the
ffences Act.
of
offender upon the breach of any of the provisions of this By-law shall
bt to a prosecution against the same offender upon any continued or
t breach of any such provision and any court of competent jurisdiction may
'ffender repeatedly for repeClted breaches of the By-law.
ccupation of all neW buildings and converted dwellings shall require a Certificate of
Occupancy from the MUnicipal Building Department in accordance with the Ontario
Building Code and any other Municipal by-laws.
TOWNSI-IlP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
36
4.7
CERTIFICATE OF CONVERSION
Where a Certificate is for the conversion of a seasonal dwelling to a permanent dwelling,
the following additional regulations apply.
i)
ii)
iii)
iv)
v)
vi)
vii)
a rezoning to a zone category deemed appropriate by the municipality shall be
required;
the applicant shall prepare a site plan showing the location and size
and proposed buildings and structures and the location of the e .
sanitCl.ry sewage disposal system, as well;
the applicant shall comply with the regulations of the appr
respect to sewage disposal for year-round occupancy.
;-
the applicant has been issued a building permit in acco
nee with the Ontario
Building Code in effect at the time of the zone c
the applicant has satisfied the municipality that th
inspected and approved by the appropriate autho' ,
the applicant shall submit a letter of co
m a heating contractor that the
heating system is adequate for permanent
ound occupancy;
that the applicant has entered int
ree
t with the municipality indicating
that the municipality will no
onsible for road maintenance, waste
collection, insulation value or
4.8
VAUDITY EFFEC
4.8.1
V~lidit,x
r~sion of this By-law, including anything contained on the
,
for any reason declared by a court of competent jurisdiction
all not affect the validity of this By-law as a whole or any part
the section, clause, or provision so declared to be invalid and it is
be the intention that all the remaining sections, clauses or provisions
shall remain in full force and take effect until repealed, notwithstanding that
provisions thereof shall have been declared to be invalid.
is By-law shall come into force and take effect upon being passed by the Council of the
municipality.
4.8.3 Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the character,
37
location, bl,llk, height and use of build.ings and structures are Gimended insofar only as it is
necessary to give effect to the provisions of this By-law and the provisions of this By-law
shall govern unless otherwise specified.
4.8.4 Repeal of Existing Zoning By-law
By-law No. 3-80 as amended of the Corporation of the Township of Limerick
y
repealed save and except for the By-laW No. Z ..,2008 -01 for "Limerick
located in part of Lots 12, 13 and 14, Concession 4. The provisions of
ame.nded by By-law No. Z-2OO8-01 will continue to apply to these land
..
Schedule "0" of this By-law.
,
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
38
SECUON 5 - GENERAL PROVISIONS
5.1
APPUCATION
This By-law shall apply to all lands within the municipality, and shall take effect on the day
it is enCicted save and except those lands as described in Section 4.8.4.
5.2
INTERPRETATION
Nothing in this By-law shall be construed to exempt any person from
requirement of any by-law of the Municipality or the Corporation
ounty of
Hastings or from any law of the Province of Ontario or Canad
r an
gulations under
the provisions of the Conservation Authorities Act of a Conse
ion Authority having
Jurisdiction or from any other law in force from time to ti: .
5 .. 2.1 In this By-law, the word "shall" is mandatory.
5.3
ZONES
5.3.1 For the purpose of this By-law, t
boundaries of which are shown on
has been divided into zones, the
hedules A,B ,C & D.
5.3.2 The attached Schedules A, B, C
and are attached hereto and formin·
il.ed maps for portions of the. municipality
rt of this Bylaw.
5.3.3 The zones are refer.
e following names or symbols and are identified on the
ing symbols:
GRICUl TURE ZONE
ENTIALZONE
RVICE RESIDENTIAL ZONE
SERVICE RESIDENTIAL ISLAND ZONE
ERFRONT RESIDENTIAL ZONE
RESIDENTIAL FIRST DENSITY ZONE
RESIDENTIAL SECOND DENSITY ZONE
MULTIPLE RESIDENTIAL ZONE
URBAN COMMERCIAL ZONE
RURAL COMMERCIAL ZONE
RECREATIONAL/RESORT COMMERCIAL ZONE
SYMBOL
MA
RR
LSR
!SRI
WR
Rl
R2
MR
UC
RC
RRC
RURAL INDUSTRIAL ZONE
MINERAL EXTRACTIVE ZONE
MINING ZONE
WASTE DISPOSAL ZONE
COMMUNITY FACILITY ZONE
OPEN SPACE ZONE
ENVIRONMENTAL PROTECTION WETLAND ZONE
ENVIRONMENTAL PROTECTION ZONE
RI
MX
M
WD
CF
OS
EPW
EP
39
5.3.4 Where the boundary of any zone is uncertain, and the boundary is
ing a
street, lane, railway right-of-way, electric transmission line, right-of-wa~
erCOUfse,
then the centre line of the street, lane, railway right-of-way, ele, '. tran
Ission line, right-
of-way or watercourse is the zone boundary.
5.3.5 Where the boundary line of a zone does not correspond to
roperty line, to the centre
I~ne ofa street, highway line, right-of-way or watercours~ the
cation of said boundary
Ime shall be scaled from the scale shown on th a
elSchedules.
5.3.6 Where the boundary of any zone is uncen;,n.., ..... nd n
ithstanding the provisions of this
subsection, the dimensions contain
ing by-law shall apply.
5.3.7 Where the regulations of a zon
uirement that the minimum yard of a lot or
parcel of land shall be a sp
JZu er of metres, such minimum yard shall be
determined by measuring at right a
from either the street line of the public street or
the lot Hne abutting s h yard i~e Irection of such lot or parcel of land a diStance equal
to the said specific
er of
tres in the relevant regulation of such zone.
5.3.8
.< Section 5.13, the minimum lot area shall be as contained in
this By-law for the zone in which the lot is 10cCited or such larger
ayired by the appropriate authority pursuant to the provisions of the
and Protection Act.
"'sing a generic term (and lower case letter) refer to the following:
a Rural zone includes: Rural;
a Residential zone includes: Rural ResidentiCll, Limited Service Residential, Limited
Service Residenti.al Island, Waterfront Residential, Residential First Density,
Residential Second Density, Multiple Residential;
iii)
a
Commercial
zone
includes:
Urban
Commercial,
Rural
Commercial,
Recreational/Resort Comm~rcial;
iv)
an Industrial zone includes: Rural Industrial, Mineral Extractive and Min.ing.
TOWNSHIP ()F UMERICK - COMPREHENSIVE ZONING BY-LAW
40
5.4
HOLDING ZONES
Where any zone symbol as shown on the attached schedules is followed by the symbol
"h", this signifies that no person shall use any land, erect, alter, enlarge, use or maintain
any building or structure until such time as the holding symbol has been removed by the
municipality in accordance with the provisions of the Planning Act. Upon removal of the
holding symbol the permitted use of the subject property and the erection of
buildings
or structures thereon shall be undertaken in accordance with the pro .
f the
underlying zoning category.
5.4.1 General Provisions
All special provisions of this Section 5 "General Provisio.
to any land, lot, builcting, structure or use within tones su
"Holding" criteria.
, where applicable
t to the aforementioned
5.5
pROHIBmONS
5.5.1 No person shall use any land or erec
permitted use established or erecte
By-law for the zone in which it' .-
or structure within a zone except for a
. cce with the regulations provided by this
5.5.2
No person, except a public authori
agect in the implementation of public works or
5.5.3
services shall reduce i area or
n ge any lot already built upon, either by conveyance
this By-law, or so th
permitted by t
lot coverage of the building exceeds the maximum permitted by
. or frontage of the lot will be less than the minimum
he zone in which the lot is located.
m
cial 01" industrial zone, not more than one permittect use shall be
R ess ~pecifically permittect in this By-law. This section shall not prohibit
ent of a home occupation or home industry in conjunction with a dwelling
se IS permitted.
purpose fot which any land or building is used shall not be changed, no new building
ddition to any existing building shall be erected and no land shal.! be severed from a
I t, if such change, erection or severance creates a situation that contravenes any of t.he
provisions of this By-law applicable to each individl!al remaining building, accessory
building or lot.
5.5.5
5.5.6
5.5.7
41
Except as otherwise provided in this By-law, no building or structure shall be erect~d,
altered, extended or enlarged except upon a lot nor shal.1 any land be used for any
permitted use unless it comprises a lot as defined herein; but this provision shall not
prevent the use of any parcel or tract of land for agricultural purposes excluding the
erection or enlargement of any building or structure except a fence.
No person shall erect or use any building as a dwelling upon any lot on Whi~bUilding
already exists, or whith is in the coUrse of construction or for which a buildin .
. it hq,s
been issued.
Notwithstanding anything contained in this By-law, no person shall
cupy any
building for residential purposes:
i)
ii)
iii)
unless such building has been substantially com
in accordance with the plans and specifications fi
"'hed in al,l respects
upon applicqtion for the
building permit,
unless such building is serviced with a
4t'e source of potable water and
an approved sanitary sewage syste (as e
in the Ontario Building Code);
notwithstanding qnything containea~'lllcnis B~aw, rio tellar/bas,ement or part of
a cell~1r/basement of any buil
sed as a whole dwelling unit, and the
whole or any part of a cell
shall not be used for c~lculating the
required minimum gros, .
minimum ground floor area of any dwelling
or dwelling unit.
5 .. 5.8
i)
Notwithst~ndi g anyt~
ntained in the By-law, n6 person shall use any
ii)
e or I d for any purpose that would have a negative impact on
in the municipality.
As part of the building permit,
, on
process, the applicant may be reqllired to obtain Ministry of
val for any use.
ermit shall be issued for any building or structure which requires a
nless the building permit application is accompanied by approval in
from the appropriate responsible authority for the proposed method of
"e disposal.
5.6.1
otwithstanding any other provision contained in this By-law, no building or structure
shall be hereafter erected in any zone closer than the sum of the front yard or exterior side
yard requirement for such zone and the following where applicable:
TOWN,SHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
42
i)
15.25 metres (50.0 ft.) from the centre line of any former County road unless the
provisions of the applicable County By-law require a larger setback in which case
the provisions of that By-law shall apply;
ii)
10 metres (32.8 ft.) from the centre of the right-of-way of all other public roads in
the municipality.
5.6.2 Notwithstanding the provisions of this by-law to the contrary, where a build
or accessory use thereto is to be erected in a built-up area where there is
building line, such dWelling or accessory use is not to be erected clos
Or to the centre line of the road or street, as the case may be, than the e
line on the date of passing of this By-law.
5.7
ENVIRONMENtAL
PROTECTION
EP
AND
E
WEtLAND (EPW) ZONES
L PROTEcnON
5.7.1. Lands ZonectEnvironmental Protection
5.7.2
i)
Water bodies and permanent w
zoned Environmental
Protection (EP).
ii)
Lands that may pose a
and property bec.ause of inherent
physiographic character::'
oodplains, erosion hazards, poor drainage,
organic soil, steep slo
r similar physical limitations have. been zoned
Environmental Protection (E
iii)
Notwithstandi
Secti~5.. to the contrary, lands zoned as Environmental
Protection
e use 'n calculating minimum lot area and minimum lot frontage
Significant Wetlands within the. municipality have. been zoned
nmental Protection Wetland (EPW).
buildings, structures or uses, or additions, alternations or replacement of
. tsting buildings or structures, notwithstanding Section 5.12 hereof to the
contrary, shall only be permitted where an Environmental Impact Statement (EIS),
prepared in accordance with Section 3 .. 2.8 of the Official Plan, assesses to the
satisfaction of the municipality, the Ministry of Natural Resources, the C:onservation
Authority and the Health Unit that the proposed development will have no impact
on the Wetland.
iii)
Notwithstanding Section 5.3.8 to the contrary, lands zoned as Environmental
Protection Wetland may be used in calculating minimum lot area and minimum lot
frontage reql.)irements.
43
5.8
ENVIRONMENTALLY SENStnvE LANDS
Environmentally Sensitive Lands are those lands identified as natl,lral heritage areas and
systems having significant biological, geological, zoological or other un'
natural
featur~s such as wildlife habitat, areas of natural and scientific interes
.. t of
threatened or endangered species, woodlands arid valley lands.
Development of thes.e lands shall be in accordance with the
designation,
5.9
.LANDS.
ADJACENT
TO
WA'fERBODIES
FL ODPLAINS AND ENVIRONMENTALLY SENS
Notwithstanding anything in this By ... law, no p
constructed Within those areas outlined in
bsecti
. a~
iss~ed for any building to be
9.1, 5.92 and 5.9;3 here.in without
, the Ministry of Natural Resources
the prior written approval of the Conserva
. tho'
and/or the Canadian Parks Service h
5.'.1. No building or structure, includi
drain (except Where a municipal drain forms
ed within the flood plain of a watercourse,
not shown on any schedule forming part of this
part of a road allowance) shal
notwithstanding that such watercou
By-law.
5.9.2 Notwithstanding anyt
in
is By-law, no building or structure (including a sleeping
defined in the Ontario Building Code) shall be located:
cabin) or sewa
i)
5.9.3
i)
res (98.4 ft.) of the high water mark of a water body or permanent
, notwithstanding thatsuch body of water or watercourse is not shown
y schedule forming part of this By-law; or
, hin 15 metres (49,2 ft.) of the top of bank; or
within 120 metres (393 ft.) of an Environmental Protection Wetland Zone.
The provisions of subsections 5.9.1 and 5.9.2 shall not apply to buildings, structures
and services requiring direct access to the water as an operational necessity sl,Ich
as a
marina, marine facility, boathouse, a walkway, pump house, or ga~ebo as
defined in this Bylaw.
tOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY",LAW
44
ii)
iii)
iv)
Notwithstanding any other provisions of this By-law, where ownership of the lot
extends to the existing water mark, any use permitted by Section 5.9.3(i) may be
erected and used in the yard abutting the existing water mark, provided such
accessory buildings or structures are located no closer than 3 metre (9.8 ft.) to the
s.ide I.ot line.
A pump house shall be limited to 2.97 sq. m (32 sq. ft.) with a heigh
than 2.5. m (8 ft.).
A gazebo shaH be limited to 13.38 sq. m. (144 sq. ft.) with a heig
ore than
3.04 m (10 ft.) but with a minimum setback from a high
r rn~ of 3 metres (9.8
ft.),
'
5.10
NON-CONFORMING USES
5.10.1 Continuation of Existing Uses
The provisions of this By-law shall
structure for any purpose prohibite
lawfully used for such purpose
.1 ..
to be used for that purpose. f
revent the use of any lot, building or
By-law if such lot building, or structure was
assing of this By-law, so long as it continues
. all not apply to prevent the erection or use for a purpose
ny building or structure, the plans fot which have prior to the
en approved and a permit issued by the municipality's Chief
long as the building or structure when erected is used and continues
rurpose for which it was erected and provided that the erection of such
or structure is commenced within one year after the day of the passing of this
he building or structure is completed within a reasonable time after the
ereof is commenced.
oration to a Safe Condition
The provisions of this By-law shall not apply to prevent the strengthening to a safe
condition of any non-conforming building or structure or part thereof provided such
strengthening does not increase the height size or volume, of such building or structure.
45
5.10.4 Rebuilding or Repair or Strengthen to Safe Condition Perrnit~ec:t on Lands_Zoned as
Environmental Protection and Environmental protection Wetland
Nothing in this By-law shall prevent the rebuilding or repair of any no
building or structure that is damaged or destroyed, or the str'engtheni'
condition of any building or structure which dO.es not conform to the pr
law, subsequent to the passage of this by""law, provided that the dimens
building or structure are not increased and the use of the building or st
5.11
NON .. COMPUANCE .OFEXlSnNG USES
5.11.1 Building on Existing Lots
i)
Where a building has been lawfully er
'orllt the date of passing of this By-
law on a lot having less than the m' imum
ntage and/or lot area, or having
less than the minimum front yar,
e ya
rear yard or IJsable open space
required by this By-law, t
ng may be enlarged, demolished,
reconstructed;
repaired
0
ate, provided
the
said
enlargement,
reconstruction, repair 0
oes not serve to further reduce a required
yard or required usable
e, and provided that all other provisions of this
By-law are complied with, i
ing the minimum required 30.0-metre setback
from the highater m~of water body or water course.
ii)en
lawflJlly erected prior to the date of passing of this By-
, and the said building has less than the minimum 30.0-metre
Igh water mark of a water body or watercourse, then the building
aired, renovated, or strengt.hened to a' safe condition, but no
e t of the gross floor area or increase of height is permitted within the
O-metre setback from the high water mark except by amendm.ent to this By-law
-' roval of a rhinor variance.
TOWNSHIP OF uMERI(K - C;:OMPREHENSIVE ZONING BV-LAW
46
5.12
REPLACEMENT OF BUILDINGS OR STRUCTURES
A building or structure, induding a legal non-conforming and/or legal non complying
building or structure, may be replaced with a new building or structure in the case of partial
or complete destruction (or demolished by permit), providing such building or structure
has an adequate supply and source of potable water appropriate to the needs of the
residents and a septic sewage system (as defined in the Ontario Buildin
ode) and
approved by the appropriate responsible authority. The provisions of Secti
shall
apply in the case of the reconstruction of a legal non-complying buildi.
5.13
EXlSllNG UNDE~IZED LOTS
I
Where a lot hCJving a lesser lot area and/or lot frontage than th
quired herein is held
under distinct and separate ownership from abutting
, as s
n by a registered
conveyance in the records of the Registry or Land Titles 0
on the date of passing of
this By-law, or where such a lot is created as a result of a~exp
riation, such smaller lot
may be used and a building or structure may
ctectriJitered or used on such smaller
lot, provided that; the parcel has a minimu
front(!
i)
A lot in the . Limited Service Resi I
Zone, the Limited Service Residential
Island (LSRI) Zone, or the W
Idential (WR) Zone, has a minimum of
eighty percent (80%) o~.J:e
minimum frontage required by the zone in
which the lot is situated. pro'i
... at an adeql;late supply and source of potable
water appropriate to the ne
f the residents is available for the proposed use,
providedsuch recti 0 n,JJter Ion or use does not contravene any other provisions
of this by-I
nd prrided that all relevant requirements of the appropriate
authority are C
fflit.h.
ii)
A lot in
otli, than those specified in paragraph (i) above, has a minimum
of'
p
%) of the minimum frontage required by the zone in which the
ted; provided that an adequate supply and source of potable water
o the needs of the residents is aVCJilable for the proposed use; and
ovided such erection, alteration or use does not contravene any other provisions
f
's by-law and that all relevant requirements of the appropriate authority are
plied with.
47
5.14
YARD ENCROACHMENTS PERMmED
5.14.1 Except as otherwise provided in this By,..law, every part of any required yard shall be open
and un.obstr'ucted by any building or structure from the ground to the sky, except for:
i)
sills, belt courses, chimneys, cornices, eaves, gutters, peJriiJpets, pilasters or other
ornamental features, provided however that the sa.me shall not proje
ore than
.6 metres (2 ft.) into any required yard;
ii)
drop Clwnings, clothes poles, garden trellises, TV or tadio a
satellite dish antennae, or similar accessories;
iii)
fences, solar collectors, parking lots, retaining walls, gCilte
s in industrial zones,
driveways, patios and other such uses CI~ specific
ermitt ~ n this By-law;
iv)
signs:
v)
(a)
b)
provided however that the
provisions of any Sign By-I
Transportation;
erected in accordan.ce with the
icipality, Cou.nty or the Ministry of
in an industrial,
ri
tural, or rural commercial zone, one
temporary, port
gn per lot frontage may be located with the
written appro
roperty oWner and Council.
The temporary
portable sign shall bated on private property and shaH not interfere
with pa ·king or
IC Irculation on the site or adjoining roadway;
p .islands and fuel pumps of automobile service stations,
t the same shall be erected in accordance with the applicable
y-Iaw;
, provided however that the same shall project into any required side
r yard a distance of not more than 1.5 metres (4.9 ft);
'essory buildings, provided however that the same shall be erected in
accordance with the applicable provisions of this By-law, and
Notwithstanding the yard provisions of this By-law to the contrary, unattached
decks and patios may project into any required yard and the minimum requited
setback from the high water mark of a water body or watercourse, provided that
they are not more than 0.6 metres (2.0 feet) above finished grade. Such unattached
decks and patios shall be subject to all provisi'Ons of this By-law for accessory
buildings and structures as set out in Section 5.25 of this By-law.
TOWNSHIP OF UMERiCK ,. COMPR.EHE.NSIVE ZONING BY-LAW
48
5.14.2 Notwithstanding the yard provisions of this By-law to. the contrary, canopies, steps and
unenclosed and uncovered attached decks and porches may project into any required
front or rear yard a maximum distance of 2.5 metres (8.2 ft.), but shall riot encroach into
the minimum requirecl setback from the high water mark This however, does not permit
a balcony and/or porch to extend into a required yard if in fact the balcony
lor porch
is em addition to the house intended to circumvent the intent of this se
the
purp.ose of this section, a "deck" shall mean a horizontal surface suppo
r by
other means, free of any roof or other covering, and which may be surro
iling,
the height of which is governed by the Ontario Building Code.
5.14.3 Notwithstanding any other provisions of this By-law, a railway s
shall be permitted in
an industrial zone within a required yard. Where such,
abuts a k sidential zone, the
railway spur shall conform to the yard and setback requirem
of t'he zone in which it is
located.
5.15
NDS SEVERED BY PUBUC uttUTY UN
5.16
Where lands are acquired for the plJ
0
ublic utility line and such acquisition
deprives a parcel of land of street .fr$nt;
th
art O.f such parcel so deprived of street
frontage shall be deemed for t
'Ir~/ this By-law to have frontage on such street
providing the land has a perm .
of access to such street.
~event the Lise of any land, or the erection or use of any
r
onstruction camp, work camp, tool shed, scaffold, or other
ding a temporary sales or rental office, which is incidental to and
ction work of the premises, but only for so long as such use, building
sary for such construction work which has not been finished or
"Abandoned
ii in this Section shall mean the failUre to proceed expeditiously
truction of a work, specifically abeyance of construction for six months.
USES AND. UnUTIESAND COMMUNITY.FAQUTIES
5.17.1 Notwithstanding anything contained in this By-law, the municipality or any local board
th~reof, any telecommunications company, any transportation system owned, operated,
or authorized by or for the municipality, any Department of the Federal or Provincial
Government or any Conservation Authority established by the Government of Ontario,
may, for purposes of public service, use any land or erect or use any building or structure
in any zone except Environmental Protection or Environmental Protection Wetland
49
provided:
i)
that such use, building or structure, shall be in compliance with the height,
coverage, landscaped open space and yard regulations prescribed for such a zone;
ii)
that there shall be no open storage of goods, materials, or equipment in the yards
of any residential zone; and
iii)
that any building or structure erected or used in any residential zone
character and shall be maintained in general harmony with the bui.1
type permitted in the said zone.
5.17.2 Nothing in this By-law shall prevent the use of any land as a public park,
street or
for the location of a properly authorized traffic sign or signal,
ny siglf or notice of any
.
,
Municipal, Provincial or Federal government department or auth . .
5~17.3 Where in a zone in this by-law under the heading of "Pe
. ed Uses" a public use is
specifically per·mitted within a zone, then such use shall on be . rmitted within that zone.
5.17.4 Where in this by-law a public use is not
public use shall be permitted in any zone.
5.17.5 The minimum distances of buildings
any lot line shall be nil and fronc
5.18
MULllPLE USES ON ONE.LOT
.... ,-
ferred to in any tone, then such
ur
owned or operated by any utilit.ies from
, e of any road shall be 10 metres (32.8 ft.).
Notwithstan.ding a
. g contained in this By-law, where any land or building is used for
more than one urpos
r:
isions of this By-law relating to each use shall be complied
with, provided
.. 'ng shall be located closer than three (3) metres (9.8 ft.) to any
other buil ing 0
except a building accessory to such dwelling. A dwelling or
dwelling I' un'
s an accessory use will be allowed where permitted by this By-ICiw in
Srction 5.19 below.
IDENTIAL
. erson shall use any lot or erect, alter or use any building or structure for the purpose
o a dwelling or dwelling unit where the zoning is not residential except in accordance with
the following regulations:
i)
A single detached dwelling may be permitted with a private water supply and
sewage system (as defined in the Ontario Building Code)having the approval of the
appropriate authorities.
TOWNSHIP OF I.IMERICK - COMPREHENSIVE ZONING BY-LAW
50
5.20
ii)
A dwelling as a separate structure shall have a minimum gross floor area of 89
square metres (958.0 sq. ft.) and where there is more than one floor, a miniml,lm
ground floor area of 44.5 square metres (479,0 sq. ft.). A dwelling unit as an
apartment within. a non-re.sidentiql building shall hqve a minimum gross floor area
of S5 square metres (592.0 sq. ft.).
iii)
A dwelling unit shall have separate bathroom and kitchen facilities from those of
the non-residential use.
iv)
Each dwelling unit shall have separate parking spaces as required
rking
requirements hereto.
v)
The dwelling unit shaH have a separate building entrance to th
non-residential use.
vi)
SeparCJte storage facilities containing a minimum of 2
provided for each dwelling unit.
vii)
in a commercial zone, one dwelling unit shall b
a hon-residential
building provided it is located on the second storey
ch building, or at the rear
of such building if on the main floor.
viii)
Notwithstanding the provisions of claus~,2Qi)lthis subsection, the gross floor
area of the residential portion of a non-res~Jal building in a Commercial zone
shall not exceed one hundred (100
cent o~e norHesidential floor area.
ix)
A single detached dwelling a 4t
r
ucture shall be permitted if occupied
by the owner, caretaker, wat
si
ar person, provided that such person is
employed on the lot on
elling house is located.
x)
A dwelling l!nit shall be er
a portion of a non-residential building, except
in the case of an automobil
ice station or qutomobile sales agency, motor
vehicle dealership or ~or hicle repair garage where such dwelling unit shall
not be permr
pecifically permitted in this By-law the following Uses are prohibited
g coal oil or petroleum products;
ning hides or skins;
manyfaquring gas;
I
manufacturing gh.)e;
v)
a track for the racing of motor vehicles, motorcycles, go-carts or snowmobiles; and
vi)
locating or storing on any land for any purpose whatsoever, any disused railroad
car, truck, bus or coach body, whetheror not the same is s.ituated on a foundation.
51
5.20 .. 2 In addition to the uses prohibited in Clause 5.20.1 of this subsection, any use is prohibited
which by its nature or the materials used therein is declared under the Health Promotion
and Protection Act to be a health hazard.
5.20.3 In addition to the uses prohibited in Clause 5.20.1 of this subsection, al.1 uses of l(,Ind and
the erection or use of any building or structure for a purpose not permitted under the
"Permitted Use" subs~ction of one or more zones established by this By-law
and shall
be deemed to be prohibited in each such zone, except for those uses of
the
erection or use of any building or structure for a pUrpose expressly p
the
appliCable provisions of this By-law.
5.21
OBNOXIOUS USES
5.22
Notwithstanding anything contained herein, no land s
be use
d no building or
structure shall be erected, altered or used for any purpose wti
is obnoxious, and without
limiting the generality of this su bsection, for any Rurpose
t cr tes or is likely to become
a nuisance or offensive, or both;
i)
ii)
iii)
iv)
iv)
by the creatIon of noise or vibrati
f the limits of the Environmental
Protection Act;
by reason of the emission 0
excess of the limits of
e , smoke, dust or objectionable odour in
ntal Protection Act except in the case of
p lance with reasonable agricUltaral practices;
by reason of the ~nsigh:Z. S
e of goods, ~ares, mer:handise, s~lvage, refuse
matter, motor ehlCles,..p8lle , or parts of vehicles or trailers, machmery or other
ction.
. ~
for exterior iIIu.mini3tion shall be installed with the light
nd deflected away from adjacent lots and waterbodies.
n of those things described in Clauses 5.21(;), 5.21(ii) and 5.21(iii)
this by-law shall prevent the use of land in any zone where a residential use is
mitted for the purpose of a garage sale or yard sale but such use shall notbe conducted
e than twice in one calendar year and for not more than 48 consecutive hours,
5.22.2 Nothing in this by-law shall preyent the use of land in any zone for the pyrpose of special
occasion events such as a concert, a fundraisihg event, fair or other similar use provided
such use is not operated more than once in one calendar year and for not more than 72
continuous hours. The municipality may issue a special occasion permit in accordance
with the municipal by-laws.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONJNG BY·LAW
52
5.23
TRUCK. BUS AN.D COACH BODIES
Except as otherwise specifically permitted in this By-Iaw, no truck, bust co
structure of any ki'nd, other than a dwelling unit erecte.d and used in accord
and all other By-laws of the municipality shall be used for human habit
goods and materials Wi.thin any area affected by this by-law, whether
mounted on wheels or other form of mounting or foundation.
5.24
SWIMMING POOLS
5.
Notwithstanding any other provisions of this By-law a swim'ng pool is permitted as an
accessory use in a.ny residential, agricultural, commercial, com~ity facility or open space
zone provided that
,
i)
no part of such pool shall be loca
loser
ny lot line or street line than the
minimum distance required f
ce
building located on such lot;
ii)
except in the case of an in-gr
I, t e maximum height of such pool shall be
2.5 metres (B.2 ft.) abov
ed grade;
iii)
any building or structut r
r changing clothing or for pumping or filtering
facilities, or other similar ac
ry uses shall meet all of the accessory building
requirements of the zoQlin
ich the pool is located;
iv)
except in th
e of an'above ground pool, every swimming pool shall be enclosed
by a fence of at
t. 2 metres (5.0 ft.) in height that is located at a distance of
not mo
45 ,
tres (14.B ft.) from the pool or by the walls of a dwelling in
co 'unct
fence located as described above. An above ground swimming
II .£.,enclosed by a fence included as part of the swimming pool's standard
t'and where such fencing is not provided, by a fence erected in
cordance with the criteria set out above.
'total lot coverage of accessory buildings and structures including detached private
g'arages shall not exceed five (5) percent of the lot area except where a swimming pool or
tennis court is provided; in which case the total lot coverage for accessory uses shall not
exceed twenty (20) percent. In no case shall the lot coverage of all buildings on a lot
exceed the maximum lot coverage of the principal use set out in the applicable provisions
of this By-law.
53
5.25.2 Any accessory building which is not part of the main building shall be erected to the rear
of the projected front or exterior side wall of the main building with the exception of a
pump house, a dock, an unattached deck or a ga~ebo. Where accessory buildings are
located behind the main buildings, they shall be located in accordance with the provisions
of the particl,J let r zone.
5~25.3 Where an accessory building is attached to the main building, the front ya
rear yard and area requirements of this By-law shall be complied with as if
sory
building was part of the main building.
5.25.4 No persoll shall I,Jse an accessory building for human habitation exce
is permitted as an accessory building.
5.25.5 An accessory building shall not be bui.lt c.loser to any lot '"
required by this By-law except that common semi-detached
mutual side lot line.
"'minimum distance
ages may be erected on a
5 -. 2.5.6 6xcept in accordance with Section 5.16, no
erection of a principal building or structur
'Idingshall be erected prior to the
5.25.7 The minimum distance of an acces
accessory building shall be sha
rom a principal building or any other
(9.8 ft.).
5.26
FRONTAGE ON A STREET
5.27
No person shall er
ing or structure in any tone, except in a Limited Service
Residential (lSR) Zon
Ited Services Residential Island (LSRI) Zone, unless the lot
upon which su
structure is to be erected fronts upon a street as defined in
this By-Ia . For
oses of this By-law a street does not include an unopened road
allowance,
an unassumed road on a Registered Plan which has been deemed
not
.8!1i1:elred Plan under the Planning Act. The above provisions shall not apply
the erection of any building on a lot on a registered plan of subdivision where
" .. agreement has been entered into but in which the streets will not be
ntil the end of the maintenance period.
ENllAL EXT mOR SIDE YARDS
Notwithstanding any provisions of this By-law to the contrary, the minimum required
exterior side yard may be reduced to a minimum of three (3) metres (9.8 ft.) provided that
for every one (1) metre or part thereof, the exterior side yard is reduced below the
minimum requirement, the minimum front yard shall be correspondingly increased by the
same distance.
TOWNSHIP OF UMERICK - COMPREHENSIV"E ZONING BY-LAW
54
5.28
SIGHT TRIANGLES
Unless otherwise specified in this By-law, on a corner lot, within the trian9ular space
formed by the street lines and a line drawn from a point in one street line to a point in the
other street line, each point being measured nine (9) metres (29.5 ft.) along the street lines
from the point of intersection of the street lines, no building or structure
ch would
obstruct the vision of drivers of motor vehicles shall be ere(:teq and no
hedges, fences or walls shall be planted, erected or maintained of gre
(1) metre (3.3 ft.) above the centre line of the adjacent road at the I
the two street lines do not intersect at a point, the point of intersection
shall be deemed to be the intersection of the tangents to the f
et li",t
5.29
HOME OCCUPATIONS
one
here
Home occupations are categorized as Type 'A' and Typ~'B' . . e occupations. Home
occupations Type 'A' and Type 'B' are permitte '
ze)fies as indicated in this By-law in
accordance with the following;
i)
there is no display, other tha
n 0
maximum size of .55 square metres (6.0
sq. ft.) to indicate to persons
at, ny part of the dwelling is being used for
a purpose other than
rthermore, such a sign shall be setback a
minimum of 3 metres (.
ny lot line;
ii)
such home occupation is de
secondary to the main residenti~1 use and does
not change th residen~ ch racter of the dwelling nor create or become a public
nuisance; in
iculat,' regard to noise, obnoxious Odours, emission of smoke,
traffic or park;
iii)
such h
a.? n does not interfere with television or radio reception;
iv)
... 5" percent of the gross floor area of the dwelling is used for the
s ~home occupation uses except in the case of a bed and breakfast
ent in which situation the provisions of subsection 5.293 shall apply.
e 'A home occupations shall be conducted entirely within the principal residence and
be limited to Qdministrative office type uses only and may employ one (1) employee
o er than those residing in the dwelling.
55
$.29.2 Additional Provisions for Type 'B' Home Occ;upations
..
.
Type 'B' home occupations shall be conducted entirely within the principal residence and
shall be limited to personal service and medical occupations such as hairdressers, day
nurseries limited to 5 children or less, doctors and dentists offices and may employ one
(1) person in addition to persons residing in the residence.
5.29.3 Additional Provisions for Bed and Breakfas~ as a.Home Occupation
Where a bed and breakfast establishment is established as a home oc
than 3 guest rooms shall be maintained for the accommodation of the
5.30
HOMEINDUSTRY
Home industries are categori;z:ed as Type 'A' and Type
industries Type 'A' ano Type 'B' are permitted in the to
home industries.
Home
as
dicated in this By-l(3w in
accordance with the following:
i)
ii)
iii)
iv)
there is no open storage of goods
ateri
there is no display, other tha
(3ximum size of .55 square metres (6.0
sq. ft.) to indicate to person
t any part of the dwelling or accessory
building is being used f
ther than residential. Furthermore, such a
sign shall be set b(3ck au,
0 3 metres (9.8 ft.) from any lot line;
the home industry is clearly
ndary to the main residentiC!1 use and does not
change the te ideiltial ;aracter of the dwelling nor create or become a public
nuisance; in
'cular 'n regard to noise, noxious odours, emission of smoke,
traffic or parkin
where
e yard and/or rear yard abuts a residential zone, then such
interior
nd/or rear yard shall be a miniml)m of 15 metres (49.2 ft.). This
15'
e
.2 ft.) area shall be maintained in an open space condition and the
age of goods or materials shall not be permitted within this 15 metre
ft) area;
. me industry does not interfere with television or radio receptioOi
're. are no goods, wares or merchandise, publicly offered or exposed for sale on
the premises outside of any buildings; and
on site parking is provided in accordance with Section 5.31.
5.30.1 Additional Provisions for Type' A' Home Industries
Type 'A' Home Industries shall include craft shops, woodworking, repair and service shops
and similar type uses and associated retail sales in accordance with the following:
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY..,LAW
56
i)
any accessory strl!ctl.,lre used for a Type 'A' home industry shall not exceed 44.6 sq.
metres (480 sq. ft.);
ii)
not more than one (1) person not residing in the residence on the lot shall be
permitted.
5.30.2 Additional Provisions for Type 'B' Home Industries
Type 'B' Home industries shall include craft shops, woodworking, light m
repair and service shops and other similar type uses and associa
accordance with the following:
i)
any accessory structure used for a Type 'B' home indu '
metres (538.2 sq. ft.);
s in
ii)
not more than two (2) persons not residing in
n the lot shall be
permitted;
iii)
the minimum lot size for a Type 'B' home industry
all <
2 hectares (4,94 ac,).
iv)
one commercial vehicle associated with
mdustry is permitted.
5.31
OFF St<REET PARKING PROVISION
For every building or structure to be
fo, tered for, or its use converted to any of
the uses specified in the followi~
reet parking facilities shall be provided and
maintained either on the sameflot d\, W IC the principal use is located or, where this is
not possible, on a lot within 60 met
96.9 ft.) of the lot on which the principal use is
located and in accord nce wit~e lowing table and other provisions contained in this
subsection unl.ess
ifically provided.
a)
'ate or Public Hospital
or Nursing Home
Private or Commercial Club,
or Recreational Establishment -
Two (2) spaces for every dwelling unit.
One (1) space for every 2 docking berths.
One (1) space for every two (2) beds.
One (1) space for every three (3)
persons to be accommodated in the design
capacity of the bUilding.
e)
f)
g)
Funeral Home -
Church or Place of Worship,
Community Hall, Arena
Schools
h)
Government or Public
Utility Building-
i)
j}
Business or Professional
Office -
p . ing or Rooming HOllse,
(j a.nd Breakfast or -
I)?
Place of Assembly such
as Halls, Fraternal Organi;zations,
57
One (1) space for every 3 chapel .seating
spaces or fraction thereof with a minimum of
10 spaces.
One (1) space for every three (3) persons to
be accommodated according
permitted capaCity.
One (1) space per
space for each 10 pea
design -capacity,
the
auditorium.
aximiJiTi
ssembly hall or
n
(1) space for every twenty-three (23)
quare metres (247.6 sq. ft.) of gross floor
area or where such use conflicts with the
office of a do.ctor or dentist, there shall be a
minimum of three (3) parking
spa~es
provided on the same lot.
One (1) space for every guest room and one
(1) space for every eight (8) square metres
(86.1 sq. tt) of gross floor area devoted to
public use .
One (1) space for each bed room.
Labour
Union Halls, Dance Halls,
Community Centres,
Theatres
One (1) space for every three (3) persons of
maximum design capacity.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-lAW
58
t)
Warehouse or Bulk
Storage Yard -
59
One (1) space for every employee
working on the premises during the peak
business period.
u)
Post Offices, Museums,
and
v)
w)
i)
v)
Libraries -
Home Occupation or
Home Industry -
Uses Permitted by this
By-law Other than Those
Listed Above but Excluding
Accessory Uses to Single
Detached Dwellings -
;:
One space for every forty-six
metres (495.2 sq. ft.) or'
public floor area.
eighteen (18) square
, or area devoted to
(1) sPac;;e for every twenty-eight (28)
qlJare metres (301.4 sq. ft.) of gross floor
~t be readily .accessible at all times and arranged in such a
vide,
cess and maneuvering space for the parking and removal of
Ithout the necessity of moving any other motor vehicle, except
I. not apply in the case of a single detached dwelling.
egress to and from the parking aisles prescribed by this section shall
provided by a sufficient number of adequate, unobstructed driveways having a
i .' urn width of six (6) metres (19.7 ft.), except that in the case of a single
ached dwelling, the width may be reduced to 3.5 metres (11.5 ft.).
All off-street parking spaces, driveways and aisles required herein shall be
constructed and maintained with a stable surface.
Where a ramp to parking aisles provides access from a street, such a ramp shall
not be located closer than seven and one half (7.5) metres (24.6 ft.) from the street
line and a level stopping space shall be provided between the ramp and the street
grade so as to provide adequate vision to the street in both directions.
Where a lot, building qr structure accommodates more than one type of use, the
parking requirement for the whole building shall be the sum of the requirements
tOWNSHJP OF UMERICK - COMPREHENSJVE ZONING BY-LAW
60
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xviii)
for the separate parts of the lot, building or structure occupied by the separate
types of uses.
The parking requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the gross floor area as
it existed at that date is not increased or the use changed. If an addition is made
or the use is changed, then additional parking spaces shall be provided up to the
number required for such addition.
Where the application of ratios results in a fraction of a parking space, ·Y:l4~E!i1
number of spaces shall be increased to the next whole number.
In the case of a PClrking structure completely or partly below fini
not be necessary to comply with the setback requirements of th
ular zone,
except that the minimum distance between such a s~
tllre ~
the street line
shall be 7.5 metres (24.6 ft.).
Where parking requirements are related to seatin~-apacity /"seating is by open
benches, each .6 metres (2.0 ft.) of open bench shall
counted as one seat.
The lights used for illumination of parkina..~paces'Aisle
nd driveways shall be so
arranged as to divert the light away frorm~.aceAfiots and streets.
A structure not more than four and ne halfi .. metres (14.8 ft.) in height and not
more than four and one half (4.5) sq . e metr~ 48.4 sq. ft.) in area may be erected
in the parking area for the us·
ki
attendants.
No sign shall be erected in
ng rea other than a directional sign, signs
necessarily incidental t~
. peration of a commercial parking lot, and a
sign which gives the name o,t eo nero The maximuitl size ()f any such sign shall
be one (1) square metre (lo.d J.ft.).
No gClsoline
ump o~thr~ervice station equipment shall be located or
maintained e,
y parking space or aisle .
. t more than SO percent of the aggregate area of the side
ar
all be occupied by parking spaces, aisles or driveways.
En ance
s to parking spaces shall not pass through zones other than the
re uiring the parking spaces.
tt-tt'reet parking abuts a residential zone, a wooden fence at least 1.5
s (4.9 ft.) in height shall be erected and maintained and the land within three
etres (9.8 ft.) of the residential zone shall be maintained in an open space
dition.
o parking or loading facility or part thereof shall be located and no land shall be
.used for the parking or storage of any vehicle within 1 metre (3.3 ft.) of any lot line
or street line, or within 3 metres (9.8 ft.) of the boundary of any residential zone.
Notwithstanding Section 5.31.1 of this by-law to the contrary, where any building,
structure, use or activity is permitted or is legally in existence at the date of passing
of this By-law and is subsequently changed in use or enlarged or extended in floor
area, number of employees, number of dwelling units, seating capacity or
otherwise which results in an increase of the minimum required parking facilities
61
and/or a reduction of the number of parking spaces provided and such number
of parking spaces or part thereof cannot be provided in accordance with the
minimum requirements, then such required parking spaces shall be established by
the Council of the municipality from time to time for the determined deficiem;y.
5.31.3 Barrier-Free Parking
Barrier-free parking spaces shall be provided for all commercial uses listed in S
.31.1
at the rate of 1 space per 500 sq. metres (5,382.0 sq. ft.) with a minimu
Handicap parking spaces should be a minimum of 3,5 metres (11.5 ft.)
in close proxirnity to the commercia.1 establishment.
5.32
LOADING .SPACE REQUIREMENTS
i)
ii)
iii)
iv)
vii)
No person shall erect or Use any buil
comrnerdal or industrial purpose invol
spaces are provided and maintaine
a)
280 sq. m (3,014 sq. ft.) - 9
b)
exc.eeding 930 sq. m
ru
. e in any zone for any
ement of goods unless loading
ce with the following provisions:
0.8 sq. ft.) 1 space
2 loading spa
m~ Imum of 1 additional loading space for
each 14
0.0 sq. ft.) or fraction thereof in excess of
930 sq.
(1
sq. ft.) .
Each loading space shall be
ast 9.0 metres (29.5 ft.) long, 3.5 metres (11.5 ft.)
wide and have
vertica!if'earance of at least 4.0 metres (13.1 ft.).
The require.
ing s. ces shall be provided on the lot occupied by the building
or structure fo
e said loading spaces are required and shall not form a
part of
et 0
ane.
F
I or industrial use, no loading space or part thereof shall be
I
no land shall be used for loading purposes within 1.5 metres (4.9 ft.)
e, or within 3 metres (9.8 ft.) of Clny street line or boundary of any
idential zone, or within 3 metres (9.8 ft.) of the lot line of a residential use.
>s to loading spaces shall be by means of a driveway at I.east 6 metres (19.7
fwide contained within the lot on which the spaces are located and leading to
a street or lane located within or adjoining the zone in which the use is located.
The driveways and loading spaces shall be maintained with a stable surfCl.ce which
is treated so as to prevent the raising of dust or loose particles.
The loading requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the gross floor area as
it existed at the date is not increased. If an addition is made, then additional
loading spaces shall be provided up to the number required for such addition.
TOWNSHIP OF UME~CK - COMPREHENSIVE ZONING BY-LAW
62
5.33
GROUP HOMES
Group Homes are permitted ~ubject to rezoning and are also subject to the following
requirements:
i)
ii)
Iii)
iv)
v)
vi)
A group home may be established in any zone in which, at the time of application,
there is a permitted residential use as a principal use.
b.
T,he establishment of a new or the expansion of an existing group h'
all be
by amendment to this by-law.
A group home may be permitted to establish in the following
w@tmgs:
a)
a single detached dwelling unit;
b)
a converted single detached dwelling unit (all u
c)
a semi-detached dwelling (both units);
d)
a duplex (both units).
A group home, including accessory buildings and str
res, shall comply with the
zone requirements of the appropriate residential ~,9ne
the dwelling type being
occupied.
"
Facilities lawfully existing on the
ate 0
age of this by-law which meet
Provinci~llicensing standards shall
ermi
to continue in operation.
All group home facilities exis .
. e of passage of this by-law shall be
permitted to expand their 0
d that which existed on the date of the
passing of this by-law 0
5.34
GARDEN SUITES
5.35
Notwithstanding any
the By-law shal
of this By-law to the contrary, a garden suite as defined in
, mitted use in any zone or any lot.
person shall erect any residential structure ,in any zone within 500 metres
.4 ft.) of lands zoned MX - Mineral Extractive (for a quarry) without the
roval of the Ministry of Natural R.esources upon successful ~pplication for a
, minor variance and provided the residential use is a permitted use on the adjacent
lands within the area of influence.
ii)
No person shall erect any residential structure in any ione within 300 metres
(984.25 ft.) of lands zoned MX - Mineral Extractive (for a pit operating below the
ground water table) without the approval of the Ministry of Natural Resources
upon successful application for a minor variance and provided the residential use
is a permitted use on the adjacent lands within the area of influence.
5.36
5.37
63
iii)
No p.erson shall erect any residential structure in any zone within 150 metres
(492.13 ft.) of lands zoned MX - Mineral Extractive (for' a pit operating above the
ground water table) without the approval of the Ministry of Natural Resources
upon sl,lccessful application for a minor variance and provided the residential use
is a permitted use on the adjacent lands within the area of influence.
iv)
No person shall erect any residential structure within the area OU
attached schedules as being an Area of Mineral Aggregate Pr
the approval of the Ministry of Natural Resources upon succes
a rezoning and provided the residential use is a permitted u
question.
the
v)
No person shall erect a residential structure in a'.
"500 m (1,640.4 ft.)
of lands zoned Wp - Waste Disposal without the a'
. val of the Ministry of the
En~iron~ent lJ?on suc~essful application for a mjpor '. ri~nce and pro~ided the
residential use IS a permitted use on the
tifnds Within the area of Influence.
All development shall comply with t
in the publication"Minimuml
Guidelines," Publication No. 7rJrl,
Printer, Toronto, 2006, as amended
/
um istalice Separation Formulae cont.ained
aration (MDS) Formulae, Implementation
. 0 Agriculture, Food and Rural Affair's, Queen's
time to time.
Notwithstanding th~
lots existing at the dat
ve, to} Minimum Distance Separation I (MDS 1) shaH not apply to
. Ing of this By-law which have an area of 2.0 hectares (4.94
acres) or less.
Farm Operations, as defined herein, are permitted within the MA zoning
. bject to the following provisions:
he secondary farm occupation is clearly secondary and incidental to the principal
use of farming on the subject property;
Not more than one (1) secondary farm occllpation use shall be permitted on a farm
property;
iii)
The secondary farm occupation operation does not result in the loss of productive
farm land;
TOWNSHIP OF liMERICK - COMPREHENSIVE ZONING BY-LAW
64
5.38
iv)
v)
vi)
vii)
viii)
Ix)
x)
xi)
xii)
The secondary farm occupation shall only be conducted by an individual residing
on the farm property and who is physically involved in conducting the farm
operation on a day-to-day basis; one full-time equivalent employee shall be
permitted in conjunction with the secondary farm o(cupation;
The types of uses permitted as secondary farm occupC!tions shall be limited to
those involved in the manuf(!cture or fabrication of goods, uses considered to be
trade occupations, and other occupations which are primarily and di
related
to agriculture and farming;
All secondary farm occupations shall be conducted inside 0
d/or
structu res;
A secondary farm operation shall be operated as part of the f
cease if the farm use is discontinued;
The secondary farm occupation shall not be operated in a
or interfere with the ability of the farmer to cond.
the far
subject property;
nnet that will impede
~ g operation on the
I'
A secondary farm occupation shall be conducted w~ly within an accessory
building or structure or structures th
binetr floor area of which shall not
exceed 186 sq. metres (2,002.2 sq. ft.).
uil-
. and structures must be designed
in such a ~anner.~h~t. the.y can ~e~a·
verted~v~rted
.. to. a farming use and must
be located In proximity to the
a .
bUilding;
The minimum setback for su
ing~ from the rear and side property lines
shall be 15:2 metres (50
A separate access driv
he secondary farm occupation use shall not
bepermittedi
Secondary far
closer to an
occupa.,tns
all not be located in any front yard and shall not be
lic ro
than the principal building on the lot.
subject of an application to the Ministry of the Environment for a
r under the Ontario Water Resources Act RSO 1990, Chapter 0.40 and
ental Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall be subject to
nt to this by-law and shall be zoned to a special Open Space Zone.
pen storage of goods or materials shall be permitted In those zones where permitted
only if the goods are accessory to a use permitted in the zones and in accordance with
other provisions of this by-law.
65
5.40
EXTERNAL DESI~N
The following building materials shall not be used for more than 5 percent of the exterior
vertical facing of any wall of any residential building within the municipality:
i)
building paper;
ii)
asphalt roll-type siding;
iii)
insulbrick.
5.41
HEiGHTmEXCEPTIONS
Notwithstanding the height provisions herein contained, nothi
in thi~-Iaw shall apply
to prevent the erection, alteration or use of the following accesso
. uildings or structures
provided the principal use is a use permitted within the z
'n whic
<is located: a church
spire, barn, silo, belfry, flag pole, light sta.ndard, clock tower,
. ney, water tank, windmill,
radio or television antenna, air conditioner duct innta
quipment required for
processing and external equipment associated
I building equipment.
5.42
ABANPONED EQUIPMENT
5.43
Unused and/or discarded motor
equipment shall not be located m:""OIDr
from a street or road or from
implements and similar abandoned
y zone in a location where they will be visible
LERTRUCKS
all be used for the storage or parking of a derelict vehicle,
icipality shall be used for the parking of a motor vehicle which is
unless:
. "permitted use;
h repairs are effected within an enclosed building; or
such repairs are completely effected within a period of not more than 21 days and
while the vehicle is parked upon a driveway or rear yard as herein provided; or
iv)
such repairs are effected while the vehicle is parked in a location such that it is not
visible from any adjacent lands which are not occupied by the owner of the vehicle,
5.43.3 No land in the mllnicipality shall be used for the outdoor storage of motor vehicle parts
unless such motor vehicle parts are stored in a location such that they are not visible from
any adjacent lands which are not occupied by the owner of such parts.
TOWNSHIP OF UMERJCK - COMPREHENSIVE ZONING BY-LAW
66
5.43.4 No tractor trailer truck shC!1I be parked on a regular or continuous basis within any
residential zone (Rl, R2, MR) as established in this by-law.
5.44
INTERIOR SIDE YARD - MARINE FACIUTIES AND COMMUNAL DOCKS
5.44.1 Marine facilities shall not be permitted to locate closer than 3 metres (9.8 ft.) t
side lot line.
5.45
OUTDOOR WOODBURNING FURNACES
5.46
5.
An outdoor wood burning furnace shall comply with the folio /
i)
ii)
minimum setback from:
a)
a lot line abutting a residential zone
100 metres (328.1 ft.)
b)
any other lot line
-
60 metres (196.6 ft.)
that no outdoor furnace shall be con
ed dfinstalled on a lot without the
issuance of a building permit for constru
from the municipality. For the
purposes of this subsection, the te
"constr~ ion" has the same meaning as set
out in Section 1(1) of the Bui!·
Cod
ct, S.O. 1992, c. 23 as amended.
OBllE HOMES RECREATIONAL VEHICLES
iz
mobile home or recreational vehicle or truck camper or
er trc er shall be permitted to be parked or stored on a lot in a
e above mentioned or Similar vehicles shall not be used for human
cept in a Resort/Recreational Commercial Zone.
named vehicles shall not be used in any zone for carrying on business.
67
5.47
MODULAR HOMES
5.47.2, A modular home shan be permitted in a residential zone, subject to the following:
i)
a building permit is required to erect a modular home;
ii)
modular homes may be permitted, but are not required to be placed On a
permanent foundation.
iii)
servicing for modular homes must be approved by the appropriate a
5.48
FENCES
No fence exceeding a maximum height of 1.8 metres (5.9 ft.) .
I be .tcted in an urban
,
area. Notwithstanding the above, a fence in excess of 1.8 metres
ft.) in height may be
erected for a public use or where provincial/federal r.
. tions r
ire a fence to be
erected in excess of 1.8 metres (5.9 ft,).
5.49
KENNELS
5.49.1 Kennels shall be separated from aresidentl
inimum of 200 metres (656.2 ft.).
5.49.2 No more than 12 dogs over the age
5.49.3 No kennel shall be erected wi in
which are held in separate and disti
/
s (147.6 ft.) of the lot line of adjacent lands
nership.
5.49.4 Enclosed exercise a
or run
hall be provided.
5.49 -. 5 A minimum of
, tres (100 square feet) shall be provided for each animal.
ed as of the date of passing of this by-law which does not comply
setback or yard requirements, such kennel shall not be extended,
constructed or altered if the effect of such extension, enlargement,
'h or alteration thereof is to further reduce or encroach on the setback, yard
at is or are less than required.
VICE RESIDENTIAL DEVELOPMENT
Development thCit is proposed on a lot located on a private road or with water access only
shall be rezoned to a Limited Service Residential Zone before a building permit may be
issued by the municipality.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZON.ING BY-LAW
68
Legal access to the lot shall be proven, to the satisfaction of the municipality, before a
building permit may be issued.
A limited service agreement shall be entered into with the municipality before a building
permit may be issued. This shall ensure that the municipality does not maintain and will
not be expected to maintain the private road leading to the property or perform any other
services normally associated with public highways in the municipality.
5.51
MINIMUM GROSS FLOOR AREA IN A DWELUNG UNIT
i)
single detached dwelling (including triplex,
fourplex, townhouse and low-rise apartment
complex)
ii)
seasonal dwelling
iii)
converted dwelling
plus 13 sq. metres (139.9 sq. ft.) for each additiona be
om
iv)
accessory dwelling unit
74 sq. metres (796.6 sq. ft.)
v)
accessory dwelling unit
See Section 5.19
(non-residential setting and in Res
Recreational Zone)
5 -. 52
MOBILE CANTEENS
rated in accordance with Mobile. Canteen Bylaw
Mobile canteens shall be located an
2013-12.
/
69
SECTION 6 ~MA -MARGINAL AGRICULTURE ZONE
6.1
Within a Marginal Agriculture Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance With the regulations
contained or referred to in this section.
6.2
PERMmED USES
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvii)
XViii)
xxiv)
xxv)
agricultural uses, including a livestock facility,
conservation uses, including forestry, reforestation and other a
with the conservation of soil or wildlife,
;
wood lots,
wayside pits and quarries,
open space uses,
a kennel,
an apiary,
a fur farm,
a riding club or boarding stable,
a greenhouse,
a golf course,
passive recreational ou .
a warehouse,· .
{
a grain drying facility,
a livestock ass
bly ar~r
a hunt cam ,
\..
a single detac
ffng,
a bed a
I produce sales outlet,
building or use to the above uses, including a single detached
ing as an accessory use to agritulture,
'e 'A' and Type 'B' home occupation, in accordance with the provisions of
" ion 5.29 of this By-law,
a Type 'A' and Type 'B' home industry, in accordance with the provisions of Section
530 of this By-law,
a secondary farm occupation in accordance with the provisions of Section 5.37 of
this By-law,
logging.
TOWNSHIP OF UMERICK . COM.PRE.HENSIVE ZONING BY-LAW
70
6.3
ZONE REGULATIONS
a)
For.Residential Uses and Uses Other than Hunt Camps .. Logging Operations.
private Kennels and Accessory Buildings
i)
Lot Area (Minimum)
6 hectares (15 acres)
ii)
Lot Frontage (Minimum)
60 metres (196.9
iii)
Front Yard (Minimum)
20 metres
iv)
Rear Yard (Minimum)
10 metres (
v)
Interior Side yard (Minimum)
8 metres (2
vi)
Exterior Side Yard (Minimum)
10
res @f.8 ft.)
vii)
Gross Floor Area (Minimum)
59' s.
(635.2 sq. ft.)
viii)
Lot Coverage (Maximum)
ix)
Building Height (Maximum)
x)
Off-street parking shall be provided in ac,dan.
b)
For Accessory Buildings
c)
i)
ii)
iii)
iv)
v)
Front Yard (Minimum)
Rear Yard (Minimum)
Interior Side Yarf:fI'
Exterior Side Yarn (
Height (Maximum) ;-
See Section 5.25.2
3.0 metres (9.8 ft.)
3.0 metres (9.8 ft.)
20 metres (65.6 ft.)
4.5 metres (14.8 ft.)
. g 0" 'er provisions of this by-law, hunt camps shall be subject to
al provisions in addition to all other applicable provisions of this
The minimum lot areCi for CI hlJnt camp shall be 20.24 hectares (50.0 acres).
The maximum gross floor area of a hunt camp shall be 55.74 square metres
(600.0 square feet).
The minimum distance of buildings or structures from a residential zone
shall be 200 metres (656.2 ft.).
iv)
A building permit shall be required for any buildings or struct\.lres on the
site.
v)
The Chief Building Official shall decide if buildings or structures on the site
are fit for hl,lman occupancy. Cottage Standards as outlined in the Ontario
Building Code may be applied.
71
d)
ForLC?gg~ng -()JHtrations
Notwithstanding other provisions of this by-law, no logging operation shall be
permitted within:
i)
120 metres (393.7 ft.) of settlement areas or urban areas;
ii)
120 metres (393.7 ft.) of an area zoned Open Space;
iii)
120 metres (393.7 ft.) from the high water mark of any lake, ri
except an intermittent stream;
iv)
120 metres (.393.7 ft.) from the boundary of a Provincial
v)
23 metres (75.5 ft.) from the boundary of a TownShip Ro
vi)
30 metres (98.4 ft.) from a residence on an adja~
t pr
but nothing in this by-law shall prevent remov
buffer zone of 15 metres (49.2 ft.).
6.4
GENERAL PROVISIONS
All special provisions of Section 5"General
land, lot, building, structure or use Wl
6~5
SPECIAL MA - MARGINAL A
L
6.5.1 MA"1 Lot 17 Con e sion 3 Lime
;-
all apply, where applicable, to any
arginal Agriculture Zone.
Notwithstanding a
shown on the attache
visio"2 of this by-law to the contrary; on lands loned MA-l and
dfeS, the following special provisions shall apply:
residential use (minimum) (from an MX Zone) 158.5 m (520 ft.)
'isions of this by-law shall apply.
Notwithstanding any provisions of this by.,.law to the contrary, on lands zoned MA-2 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
setback from high water mark for any principal structure or subsurface septic
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
72
treatment and disposal (minimum)
304.8 m (1,000 ft.)
All other provisions of this by-law shall apply.
6.5.3 MA-3--h (Lot 30~ Concession 2. Limerick Township)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
shown on the attached schedules, the following special provisions shall appl
Zone. Provisions
i)
setback from high water mark for any principal stru
re 0
bsurface septic
treatment and disposal (minimum)
Removal of Holding ('h') Symbol
The Holding ('h') provision shall be removed 0
the Ministry of the EnVironment, that t
deslg
system shall not adversely affect the wate
lity of
eutrophication would occur.
All other provisions of this by-I
6.5.4 MA-4 Lot 18
oncession 4 Lime
/
04.8 m (1,000 ft.)
un
is satisfied, in consultation with
e septic treatment and disposal
eenburg Lake such that increased
Notwithstanding a
vision of this by-law to the contrary, on lands zoned MA-4 and
shown on the attach
eSt the following spedal provisions shall apply:
nit shall not be permitted closer than:
121.9 m (400 ft.) to an area zoned MX-1 to the north;
91.44 rn (300 ft.) to an area zoned MX-2 to the east;
304.8 m (1,000 ft.) to an area zoned MX-3 to the west.
A11 other provisions of thiS by-law shall apply.
73
SECTION 7 - RR - RURAL RESIDENTIAL
7.1
Within a RR'" Rural Residential Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
7.2
PERMmED USES
i)
a single detached dwelling,
ii)
an accessory building or use,
iii)
a Type 'A' or Type 'B' Home Occupation in accorda,
wit~e provisions of
Section 5.29 of this By-law,
iv)
a Type 'A' Home Industry in accordance with the t
ection 5.30 of this
By-law,
7.3
ZONE REGULATIONS
a)
For Single Detached Dwellings
.'
i)
ii)
iii)
iv)
v)
Front Yard (Minimum)
Rear Yard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
4000 sq. metres (43,057.1 sq. ft.)
60 metres (196.9 ft.)
20 metres (65.6 ft.)
10 metres (32.8 ft.)
8 metres (26.2 ft.)
74.3 sq. metres (800 sq. ft.)
20 metres (65.6 ft.)
30 percent
See Section 5.25.2
3 metres (9.8 ft.)
3 metres (9.8 ft.)
3 metres (9.8 ft.)
4.5 metres (14.8 ft.)
TOWNSHIP OF I,lMERICK - COMPREHENSIVE ZONING BY-LAW
74
7.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shaH apply, where applicable, to
~ny land, lot, building, structure or use within the RR - Rural Residential Zone.
7.S
SPECIAL RR - RURAL RESIDENTIAL ZONES
75
SECTION 8 - L$R ~ ~MITEDuSERVICE RESIDENTIAL
8.1
Within a LSR - Limited Service Residential Zone, no person shall use any land; erect, alter;
enlarge, use or' maintain any building or structure for any use other than a$ permitted in
this section and also such use, building or structure shan be in accordance with the
regulations contained or referred to in this section.
The intent ofthe of the Limited Service Residential Zone is to recognize existi
ntial
development on private roads or where there is no access by Mun'
roads. In a Limited Service Residential Zone, there is no commitment
e ent by
the iTlunicipality to assume responsibility for ownership or maintena
y private
road. Due to road conditions of privately maintained roads,
re is.t commitment or
requirement by the municipality to ensure that emergency ve
sare able to access
.
. ....
privately owned roads; The intent of the Limited Service!'
identia
ne is to recognize
residential development on private roads.
8.2
PERMmED USES
i)
ii)
iii)
a single det.ached dwelling,
an access()ry building or use, .
a Type 'A' home occupation,
this By-law.
leeping cabin,
a' e with the provisions of Section 5.29 of
8.3
ZONE REGULATlO~S
a)
4000 sq. metres (43,057.1 sq. ft.)
. e on a Private Road or
igable Waterway (Minimum)
46 metres (150.1 ft.)
t Yard (Minimum)
10 metres (32.8 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
8 metres (262 ft.)
Setback from High Water Mark
(Minimum)
30 metres (98.4 ft.)
vii)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
viii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
ix)
Lot Coverage (Maximum)
20 percent
x)
Building Height (MaximlJm)
7.5 metres (24.6 ft.)
xi)
Off-street parking shall be provided in accordance with Section 5.31.
b)
For Accessory Buildings Not Attached To The Principal Building
tOWNSH -. P OF UMERICK - COMPREHENSIVE ZONING BY-LAW
76
i)
ii)
iii)
iv)
v)
Front Yard (MinimLlm)
Rear Yard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
c)
For: Lots.on a Narrow Water Body
See Section 5.25.2
3 metres (9.8 ft.)
3 metres (9.8 ft.)
3 metres (9;8 ft.)
45 metres (14.8 ft.)
Where a lot (with or without road frontage) fronts on a na
defined in this by.,.law, the required water frontage shal.1 be 100
8.4
GENERAL PR9V1SIONS
AU special provisions of Section 5 "
any land, lot building, structur
8.5
SPEClAL.LSR - UMITED 5
8.5.1 LSR-l Lots 3 and
t
sions" shall apply, where applicable, to
he LSR - Limited Service Residential Zone.
Limerick Townsho
rov,
s of this by-law to the contrary, on lands zoned lSR-l and
edules, the following special proviSions shall apply:
ea (minimum)
74.8 ha (185 acres)
Frontage (minimum)
579 m (1,900 ft.)
evelopment shall be permitted where permanent legal access is available from a
registered right-of-way a minimum of 20 metres (66 ft.) in width and where an
agreement has been entered into between the landowner and the municipality,
pursuant to which the landowner shall assume all responsibility for the
mc;lintenance of such right-of-way.
All other provisions of this by-law shall apply.
77
8.5.2 LSR-2 (Lot 6. Concession 6. Limerick Townshipl& (Lot 14. Concession 6)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned LSR-2 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
No development, as defined in this by-law, shall be permitted bel
ood
elevation of 313.93 m GSc.
All other provisions of this by-law shall apply.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
78
SEcnON 9 - LSRI - UMrrED SERVICE RESJDEN11AL ISLAND
9.1
Within a LSRI - Limited Service Residential Island Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
The intent of the Limited Service Residential Island Zone is to recogni
development on islands which are accessible by water only. In a Limited
ntial
Island Zone, there is no commitment or requirement by the muni
responsibility to provide access between an island and the mainland.
access and isolated nature of the lands zoned in the ~~ 'ted ~ice Residential
Island(LSRI) Zone, there is no commitment or requirement by t
unicipality to ensure
that emergency vehicles are able to access these lands.
9.2
PERMIT[ED USES
i)
a single detached dwelling
ii)
an accessory building or lJse, indu .
iii)
a Type " A" horne occupation, ,
this By-law.
9 .. 3
ZONE REGULA nONS
a)
~ mum)
2.0 hectares (4.9 acres)
rontage (Minimum)
60 metres (196.9 ft.)
idth at Rear Lot Line (Minimum)
45 metres (147.6 ft.)
ck from High W~ter Mark (Minimum) 30 metres (98.4 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
Lot Coverage (Maximum)
3% percent
Building Height (Maximum)
7.5 metres (24.6 ft:.)
Off-street parking shall be provided on the mainland in accordance with
Section 5.34 of this By-law, on the mainland. Location of the parking
facilities shall not be located on a public road allowance.
xi)
Where private communal docking facilities are proposed, such facilities
shall be located a minimum of 60 metres (196.9 ft.) from the nearest
residential use, or residential zone.
b)
For Accesso[y Buildings Not Attached To The Principal Building
i)
Rear Yarq (Minimum)
3 metres (9.8 ft .. )
ii)
Interior Side Yarq (Minimum)
3 metres (9.8 ft.)
iii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8
v)
Setback from high water mark or flood line
of a body of water, whichever is the greater 30 metres
vi)
In the case of boathouses and docks, where a rear yard
abuts a body of water, then suc,::h rear YQrd Qnd/or interi
red uced to zero metres.
c)
For Lots on a Narrow Water Body
79
Where a lot fronts on a narrow water bod as defi
d i this by-law, the required
Wi;lter fronti;lge shQl1 be 100 metres (32
9.4
GENERAL PROVISIONS
9.5
All special provisions of Section 5 IJ
any land, lot building, structuret8!.s1
40ne.
rOVisions" shall apply, where applicable, to
the LSRI - Ljmited Service Residential Islanq
IDENllAL ISLAND ZONES
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
80
SECTION 10 - WR - WATERFRONT RESIDENTIAL
10.1
Within a WR - Waterfront Residential Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and al.so such use, building or structure shall be in accordance with the regulations
contained or referred to in this section. Waterfront residential shall front on a Municipally
maintained road and navigable waterway.
10.2
PERMlTrED VSES
i)
ii)
iii)
a single detached dwelling,
an accessory building or use,
f
a Type 'A' home occupation, inaccord.ance with the pro
this By-law.
/
ns of Section 5.29 of
10.3
ZONE REGULATIONS
a)
For the Principal Building
i)
ii)
iii)
iv)
v)
vi)
i)
ii)
iii)
iv)
v)
Lot Area (Minimum)
Road Frontage (Mini
Water Frontage,~
Front Yard (Mihiinum1
Rear Yard (Minimum)
Setback from Ht;t w
(Min'
)
.4,000 sq. metres (43,057.1 sq. ft.)
46 metres (150.1 ft.)
46 metres (150.1 ft.)
20 metre~ (65.6 ft.)
20 metres (65.6 ft.)
30 metres (98.4 ft.)
r
(Minimum)
74.3 sq. metres (800 sq. tt)
ard (Minimum)
3 metres (9.8 ft.)
e Yard (Minimum)
20 metres (65.6 ft.)
o
overage (Maximum)
10% percent
i ihg Height (Maximum)
75 metres
Off-street parking shall pe provided in accordance with Section 5.31.
Rear Yard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
Gross Floor Area
3 metres (9.8 ft.)
3 metres (9.8 ft.)
3 metres (9.8 ft.)
4.5 metres (14.8 ft,)
23 sq. metres (247.6 sq. ft.)
81
10.4
GENERALPROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot building, structure or use within the WR - Waterfront Residentia.1 Zone,
10.5
~PECIAL WR _~ W~TERFRONT RESIDENTIAL ZONES
10.5.:1, WR-l (Lots 1 and 2. Concession I. Limerick Township)
Notwithstanding any provisions of this by-law to the contrary, on I.and
shown on the attached schedules, the following special proviso
sha
Zone Provisions
i)
ii)
iii)
Lot Area (minimum)
Lot Frontage (minimum)
Development shall be permitted w
registered right-of-way a l11inimu
agreement has been entere
pursl.,lant to which the la
maintenance of such ri
74.8 ha (185 acres)
579 m (1,900 tt)
nt legal access is available from a
es (66 ft.) in width and where an
the landowner and the municipality,
s
II assume all responsibility for the
All other provisions ofthis by-law s
;
10.5.2 WR-2. Lot.
erick Townshi
rov ons of this by-law to the contrary, on lands zoned WR-2 and
edules, the following special provisions shall apply:
··a (minimum)
frontage (minimum)
setback from high water mark (minimum)
interior yard (minimum) (east side)
All other provisions of this by-law shal.1 apply.
2,063.89 sq. m (22,216.3 sq. ft.)
27.432 m (90 ft.)
22.9 m (75 ft.)
1.8 m (5.9 ft.)
TOWNSHIP OF LlMERlCK - COMPREHENSIVE ZONING BY-LAW
10.5.3 WR·3 (Lot 4. Concession 5. Limerick Township)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned WR-3 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
ii)
iii)
lot area (minimum)
lot frontage (minimum)
setback from high water mark (minimum)
All other provisions of this by-law shall apply.
1,849.41 sq. m (19,907.5
22,86 m (75 ft.)
20.1 m (66 ft.)
83
SEcnONll- Rl_~.RESIDENTJAL FIRST DENSITY ZONE
11.1
Within a R1 - Residential First Density Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
11.~
PERMmED USES
i)
single detached dwelling,
ii)
a public park,
iii)
an accessory building or use to the above uses,
iv)
a Type 'A' and Type 'B' home occupation, according to t
. rovisions of Section
529 of this By-law,
v)
a Type 'A' home industry, according to the. provisio
law,
11.3
ZONE REGULAnONS
a)
i)
ii)
4,000 sq. metres (43,057.1 sq. ft.)
45 metres (147.6 ft.)
75 metres (24.6 ft.)
nh.cl9r Side Yard (Minimum)
2 metres (6.7 ft.)
erior Side Yard (Minimum)
4.5 metres (14.8 ft.)
Gross Floor Area (Minimum)
743 sq. metres (800 sq. ft.)
Lot Coverc:lge (Maximum) (all buildings) 25 percent
Building Height (Maximum)
7.5 metres (24.6 ft.)
Landscaped Open Space (Minimum)
30 per~ent
Number of Dwelling Units per Lot (Maximum.)
1
Off-street parking shall be provided in accordance with Section 5.31.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
84
b)
For Accessory Buildings
i)
ii)
iii)
iv)
RearYard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
2.5 metres (8.2 ft)
2.5 metres (8.2 ft.)
7.5 metres (24.6 ft.)
4.5 metres (14.8 ft.)
11.4
GENERAL PROVISION~
All special provisions of Section 5 "General Provisions" shall apply, w
any land, lot building, structure or use within the R1 - Residential First ,
Where a dwelling which existed at the time of the passing of tli
-law is located on a
lot in the R1 Zone, such dwelling and lot shall be
ed to
. mply with all the
requirements of the R1 Zone.
11.5
PECIAL Rl - RESIDENTIAL FIRST DENSITY
11.5.1 Rl-l
ts 9 and 10 Concession 1
Notwithstanding any provisions of t
R1-1 and shown on the attacheiJ'SQ1
e contrary, on lands zoned
e following special provisions shall
apply:
The following shall bEtthe only~r
i)
ii)
oming house;
in, as defined below.
Nllmber of Guest Rooms (Maximum)
Number of Sleeping Cabins (Maximum)
¥
Gross Floor Area of Each Sleeping Cabin
(3.7 x 4.9 m)(12.14 x 16.1 ft.) (Maximum)
3
3
18 .. 13 sq. m (195.2 sq. ft.)
Sleeping Cabin shaH mean a detached accessory building or strucbJre, located on the same
lot as the principle building or structure.
All other provisions of this by-law shall apply ..
85
SECTION 12 - R2 - RESIDENTIAL SECOND DENSITY ZONE
12.1
Within a R2 - Residential Second Density Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
12.2
PERMmED USES
i)
a single detached dwelling,
ii)
a duplex dwelling,
iii)
a converted dwelling,
iv)
a boarding or rooming house,
v)
a public park,
vi)
an accessory building or use to the above uses,
vii)
a Type 'A' and Type 'B' home occupation accordi
e provisions of Section
529 of this By-law,
viii)
a Type 'A' home inOlJstry, accordin
law.
1~.3
ZONE REGULATIONS
a)
i)
ater and private sewage
di~sal system
4,000 sq. metres (43,057.1 sq. ft.)
__
~t'frontage (Minimum)
- private water and private sewage
disposal system
45 metres (147.6 ft.)
vi)
vii)
viii)
ix)
x)
xi)
Front or Rear Yard
7.5 metres (24.6 ft.)
Interior Side Yard (Minimum)
2 metres (6.7 ft.)
Exterior Side Yard (Minimum)
4.5 metres (14.8 ft.)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
Lot CoverCige (Maximum) (all buildings) 25 percent
Building Height (Maximum)
7.5 metres (24.6 ft.)
Landscaped Open Space (Minimum) 30 percent
Number of Dwelling Units per Lot (Maximum)
2
Off-street parking shall be provided in accordance with Section 5.31.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
86
1
b)
Fora Converted Dwelling and a Boarding or Rooming House
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
c)
lhe minimum gross floor area of a one bedroom dwelling unit shall be 42
sq. metres (452.1 sq. ft.) plus an additional 13 sq. metres (139.9 sq. ft.) for
each additional bedroom..
The minimum lot area per dwelling unit shall be 1400 sq. me
sq. ft.) (for a converted dwelling).
No addition or enlargement shall be made to the exter
the dwelling.
;
No external stairway other than an open fi
.11 be provided.
Such dwelling shall be certified by theDChie Building Official to be
structurally suitable for such co
on . .qr
The 3 metre (9.8 ft.) strip t
adjacent to any lotl.ine shall be
landscaped.
Off-street parkiMII~
ided in accordance with section 5.31.
The sewage syst~m ~efined in the Ontario Building Code) shall be
inspected and a~oved by the appropriate authority.
Minimum)
ior Side Yard (Minimum)
ior Side Yard (Minimum)
Building Height (Maximum)
.2.5 metres (8.2 ft.)
2.5 metres (8.2 ft.)
7.5 metres (24.6 ft.)
4.5 metres (14.8 ft.)
pedal provisions of Section 5 "General Provisions" shall apply I where applicable, to
any land, lot, building, structure or use within the R.2 - Residential Second Density Zone.
12.5
SPECIAL R2 - RESIDENTIAL SECOND DENSITY ZONES
87
SECTION 13 - UC - URBAN COMMERCIA~ZON~
:13.1
Within a UC - Urban Commercial Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
13.2
PERMmED USES
i)
ii}
iii)
iv)
v}
vi}
vii)
viii)
ix)
x}
xi}
xii}
xiii}
a retail store, including a gift shop, craft shop, antique shop and
store,
a service shop including a personal and merchandise s
ice shit.
a lawn; garden and farm equipment and supplies sales ou _
an eating establishment including a banquet hall
staurant, take-out
restaurant and drive-in restaurant,
a food market inCluding a butcher shop,
a tavern,
a Liquor Control Board or Brewer's
a bank and/ortl1,lst company,
a printing or publishing estab .
a business, administrative an
a theatre, cinema or ot
a taxi depot,
a commercial recreational
establishment . r other ~ila use,
a funeral ho
\
d' fc,
rcial club,
n depot,
001,
eterinary clinic,
such
as a bowling or billiard
lic or private PCirking area, including parking facilities associated with the
ncipal use(s} permitted under this section,
an automobile service station or sales agency,
dwelling units in the form of apartments as an accessory use in buildings in which
commercial uses are permitteci, except automobile service stations or other uses
involving the sale of gasoline or other similar petroleum products, in accordance
with the provisions of SectiQns 5.19 and 5.20,
xxiv}
an accessory building or use to the above uses.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
88
13.3
ZONE REGULATIONS
a)
For All Uses Except An Automobile-Service Station
i)
Lot Area (Minimum)
4000 sq. metres (43,057.
ii)
Lot Frontage (Minimum)
45 metres (147.6
iii)
Front Yard (Minimum)
6 metres (19.7 ft.)
iv)
Rear Yard (Minimum)
6 metr~s (19.7 ft.)
v)
Interior Side Yard (Minimum)
ft.)
vi)
Exterior Side Yard (Minimum)
.)
vii)
Lot Coverage (Maximum)
viii)
Building Height (Maximum)
7.5 met
ix)
Off-street parking and off-street loading fad
accordance with Sections 5.31 CI
x)
all be separate from access to a
b)
FrAn Automobile
i)
Lot Area {Mini
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minim .
45 metres (147.6 ft.)
iii)
Lot De th (Mini~m)
45 metres (147.6 ft.)
iv)
Fron
(Min' um)
15 metres (49.2 ft.)
v)
urn)
7.5 metres (24.6 ft.)
t wh
the rear yard abuts a residential zone, the rear yard shall be
of 15 metres (49.2 ft.) of which the 4.5 metres (14.8 ft!) aojacent
lot line shall be retClineo in Cln open space condition).
ard (Minimum)
7.5 metres (24.6 ft.)
{except where one or both side yards abut a residential zone, the side yard
shall be a minimum of 15 metres (49.2 ft.) of which the 4.5 metres (14.Bft.)
adjacent to the lot line shall be retained in an open space condition).
A sight triangle of 15 metres (49.2 ft.) minimum shall be provideo on CI
corner lot.
vii)
Light st~nds ano signs may be locClted in any required minimum yard at a
minimum distance Of 2.5 metres (B.2 ft.) from any street line.
viii)
Fuel pump IslanQs and fuel pumps may be located in any required
minimum yard at a minimum distance of 6 metres (19.7 tt) from any street
line. A sight triangle is not to be construed to be part of the required
minimum yard for the purposes of this paragraph. Where a lot is a corner
89
lot, no portion of any pump island or gasoline pump shall be located closer
than 3 m to a straight line between a point in the front lot line and a point
in the exterior side lot line, each point being distant 15 m from the
intersection of such lot lines.
ix)
The distance between means of access or ramps shall be 12 metres (39.4
ft.) and on a corner lot, no ramp may be located within 15 metres (492 ft.)
of the intersection of the street lines,
x)
Each ramp shall have a width of 7.5 metres (24.6 ft.) and the i
ngle
formed between the lot line and the centre line of
II be
between seventy (70) and ninety (90) degrees.
xi)
No ramp shall be located within 4.5 metres (14.8 ft.) of aline,
xii)
Off-street parking and off-street loading fad" . s sh.fbe provideq in
accordance With Sections 5.31 and 5.32.
13.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Pr ~ I.
any land, lot, building, structure or I,)se wit 'n the
13.5
SPECIAL UC ~ URBAN COMMER
all apply, where applicable, to
rban Commercial Zone.
Umerick_Townshi
Notwithstanding any provisions of .
shown on the attache schedu~ t
-law to the contrary, on lands zoned UC-1 and
following specialprbvisions shall apply:
. dining eating establishment.
~ isions of this by-law shall apply.
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
90
SEcnON 14 - RC - RURAL COMMERCIAL ZONE
14.1
Within a RC - Rural Commercial Zone, no person shall use any land, erect, alter, enlarge or
maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained
or referred to in this section.
14.2
PERMnTED USES
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
a farm implement dealer, including the sale and service of agri
and lawn and garden equipment,
an auction outlet,
a food market including a butcher shop and retail meat e
a fertilizer mixing and sales establishment,
a greenhouse, nursery or garden centre,
a merchandise service shop,
self-storage buildings,
a flea market,
a kennel,
a personal service shop,
a diesel, propane and/or nat
an automobile service s
tr(1i1er sales agency,
{
a veterinary clinic,
uti ,
obile sales agency, a mobile home or travel
an eating establishme
restaurant a
cling a banquet hall, tea room, restaurant, take-out
estC1urant,
r the sale, service, storage or repClir of small internal
es such as snowmobiles, outboard motors, lawnmowets and
-, including the sale of parts and petroleum products incidental thereto,
d' or wholesale outlet for the storage, display and sale of lumber, building
lies and other similar new goods or materials,
11 store, including a gift shop, craft shop, antique shop and convenience retail
re,
Cln agricultural produce sales outlet,
a gas bar,
a Liquor Control Board or Brewer's Retail Outlet,
an accessory building or use to the above uses,
one dwelli'ng or dwelling unit as an accessory use for the OWner or operator of a
principal use to any of the foregoing except automobile service stations or other
uses involving the sale of gClsoline or other similar petroleum products, in
accordance with the provisions of Section 5.19.
91
14.3
ZONE REGULATIONS
a)
For The Principal Building
i)
Lot Area (Minimum)
4,000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Front Yard (Minimum)
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum)
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
vii)
Building Height (Maximum)
1 ft.
viii)
Lot Coverage (Maximum)
40 percent
ix)
Off-street parking and off-street loadin
II be provided in
accordance with Sections 5.31 and 5.32.
x)
Access to an accessory dwelling unit shall b
commercial use.
b)
For Accessory Buildings
c)
i)
ii)
iii)
iv)
1.5 metres (4.9 ft.)
1.5 metres (4.9 ft.)
8 metres (26.2 ft.)
4.5 metres (14.8 ft.)
r Residential. se
he above provisions, where an interior side yard and/or a rear
residential zone or any existing residential use, then such interior side
e a minimum of 5 metres (16.4 ft.) and such rear yard shall be a
'nimum of 10 metres (32.8 ft.). The 3 metre (9.8 ft.) strip immediately adjacent to
e 'ar and/or interior side lot lines shall be landscaped.
PROVISIONS
Ii.. I special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot building, structure or use within the RC - Rural Commercial Zone.
14.5
SPEC~L.~.C -. RURAL COMMERCIAL ZONES
TOWNSHIP OF UMERlCK- COMPREHENSIVE ZONING BY·LAW
92
14.5.1 RC-l (Lots 19 and 20. Concession 2. Limerick Township)
-
_.
Notwithstcmding any provisions of this by-law to the contrary, on I.ands zoned RC-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a gas bar,
ii}
a Liquor Control Board or Brewer's Retail Outlet,
iii)
a retail store, including a gift shop, craft shop, antique
retail store,
iv)
an egting establishment,
v)
an aGcessory building or use to the above uses,
vi).
. one dwelling or dwelling ~nit as an accessory ~sej9r .th, ow~er or operator of a
principal use to any of the foregOing except a
bll~ervlce stations or other uses
involving the sale of gasoline or other simil r petr
products, in accordance with the
provisions of Sect.ion 5.19.
All other provisions of this by-law sh
93
SECTION 15 ... RRC - RECREATIONAURESORT COMMERCIAL
15.:1.
Within a RRC Rec:reational/Resort Commercial Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
15.2
PERMITTED USES
a marina, including a boat sales and serviceestablishmeht an
and petroleum products incidental thereto,
a tent and/or travel trailer park,
a tourist establishment including hotels, 10Qges, houseke
c:ottages anQ tourist
cabins,
a gift shop,
an eating establishment including a tea room and
a bed and bi"eakfastestablishment,
a convenience retail store,
a miniature golf course, driving ra
r oth~milar recreationally oriented use,
a publi~ or private park,
one dwelling or dwelling uni
principal use, in accord
cc sory use for the owner or operator of a
. rovisions of Section 5.19,
an accessory building 0
x)
xi)
s or Uses
inimum)
8000 sq. metre$ (86, 114.1 sq. ft.)
lo
ontage (Minimum)
45 metres (141.6 ft.)
o t Yard (Minimum)
8 metres (26.2 ft.)
Rear Yard (Minimum)
8 metres (26.2 ft.)
Interior Side Yard (Minimum)
8 metres (26.2 ft.)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
lot Coverage (maximum)
40 percent
Building Height (Maximum)
75 metres (24.6 ft.)
Off-street parking and off-street loading facilities shall be provided in
accordance with Sections 5.31 and 5.32.
Access to an accessory dwelling unit shall be separate from access to a
commercial use.
All means of ingress and egress shall have a minimum width of 6 metres
(19.7 ft.) anQ in the case of a corner lot, no means of ingress or egress shall
TOWNSHIP OF llMERlCK - COMPREHENSIVE ZONING BY-LAW
94
be located within 15 metres (49.2 ft.) of the intersection of the street lines,
or, where a corner is rounded, the points at which the extended streetlines
meet.
b)
For Accessoty Buildings
c)
i)
ii)
iii)
iv)
Rear Yard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
1.5 metres (4.9 ft
1 metres (
8 metres (2
4.5 metres (1
i}
Notwithstanding the above provisions, wher
ar yard and/or an interior
side yard abuts a residential ,zone or any e~ti
esidential use, then such
interior side yard shall be a mi
of~metres (16.4 ft.) and such rear
yard shall be a minimum of 10 met
2.8 ft.}. The 3 metre (9.8 ft.) strip
immediately adjacent to tear a d r interior side lot lines shall be
landscaped.
ii)
Water oriented com
ch as marinas or docks shall be located
a minimum of 6 .
ft,) from the nearest residential zone or use.
d)
Additional Zone Re ulatiOila
,
the above provisions, a marina use shall be subject to the
ov~ns in addition to all other applicable provisions ofthis By-
re a rear yard and/or interior side yard abuts a navigable body of water,
e such rear yard and/or interior side yard may be reduced to zero metres
from established setbacks to high water marks.
No entrance channel, turning basin, dock; or boat mooring area shall be
located closer than 60 metres (196.9 ft.) to a res.idential zone, a residential
use or a street line.
iii)
Facilities for the refuelling of marine craft shall be provided at a separate
pier or dock area from boat mooring facilities.
iv)
Catwalks shall have a minimum width of 1 metres (3 ft.) and boat mooring
docks shall have a minimum width of 1.2 metres (3.9 ft.).
e)
Additional Zone Regulations For A Tent and/or Travel Trailer Park
95
Notwithstanding the above provisions, a tent and/or travel trailer park use shall be
subject to the following special provisions in addition to all other applicable
provisions of this By-law:
i)
ii)
iii)
Lot Area ( Minimum)
4.0 hectares (9,9 acres)
The minimum distance of buildings or structures or a tent or
site from any lot line shall be 15 metres (49.2 ft.).
The minimum distance. of buildings or structures ot a t
site from the centre of the public road allowance shall
ft.).
iv)
Travel Trailer Park Density
~ per
ailer
(49.2
(Maximum)
of 50 sites
. re to a maximum
v)
Travel Trailer Site Area
(Minimum)
vi)
Travel Trailer Site Frontage
(Minimum)
vii)
Building Height (Maxi
viii)
Maximum Number 0
Trailers on a Tra .
Site
,
. metres (2,142.8 sq. ft.)
6 metres (19.7 ft.)
4.5 metres (14.8 ft.)
1 travel trailer
ix)
Lot Coverage (Maxim
25 percent
x)
No ca psite, b~in or structure except a marine facility for launching
and/
rvicin of boats or a water pump house is permitted within 30
f the high water mark of any water body.
xi)
f a new tent and trailer park or the expansion of an existing
uire an amendment to this by'-Iaw.
twithstanding the above provisions, motels, hotels housekeeping cottages and
tourist cabins shall be subject to the following special provisions in addition to all
other applicable provisions of this By-law.
i)
Lot Area ( Minimum)
2.0 hectares (4.9 acres)
ii)
Maximum Density
1
unit/4000
sq.
metres
(43,057.1 sq. ft.) to a maximum of 50 units
iii)
No campsite, building or structure except a marine facility for launching
and/or servicing of boats or a water pump house is permitted within 30
TOWNSHIP OF UMERlC::K - CO.M.PRE.HENSIVE ZONING BY-LAW
96
metres (98.4 ft.) of the high water mark of any water body.
15.4
GENERAL PROVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land lot, building, structure or use within the RRC - Recreational/Res.ort Commercial
Zone.
15 .. 5
SPECIAL RRC - RECREAnONAURESORT COMMERCIALZONES
15.5.1 RRC-1 (Reserved)
15.5.2 RBC-2CLot 16. Concession 5. Limerick Township)
Notwithstanding any provisions of this by-law to the cont ry,
lands zoned RRC-2 and
shown on the attached schedules, the followin
cial
ovisions shall apply:
Perl'!littedUses
The following shall be the only perm
i)
a tourist establishment
Zone Provisions
i)
o \ailer sites (maximum)
20
97
SECTION 16 - RI - RURAL INDUSTRIAL ZONE
16.1
Within a RI - Rural Industrial Zone, ho person shall use any land, erect, alter, enl~rge, l;.lse
or maintain any building or structure for any use other than as permitted in this section and also
such use, building or structure shall be in accordance with the regulations contained or referred
to in this section.
16~2
PERMmED USES
1
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
xvii)
xviii)
a cartage or express truck terminal,
a cheese factory,
a yard for the open or concealed storage of goods or
a fuel storage tank depot, including bulk fuel sales,
an agricultural equipment supply and repair outl
a woodworking shop/showroom,
a contractor's yard, including maintenanc;
a bulk storage yard,
an automobile service st~tion, inclu ing an
obile body shop,
a Illmber mill, sawmill and a planing· ., dry
, chipper, repair depot,
a feed and seed mill,
a merchandise service shop,
a machine or welding s~
an assembly operation, ~
a retail and/or wholesale buil
.. supply outlet,
~ factory outle \-
elling or dwelling unit for a caretaker or security guard, in
isions of Section 5.19,
or use to the above uses including a bank, a cafeteria and a
the purpose of selling goods manufactured, stored and/or
the premises, provided such outlet is part of the principal building,
s not more than five (5) percent of the gross floor area of the principal
For All Principal Buildings or Uses
i)
ii)
iii)
iv)
v)
Lot Area (Minimum)
Lot Frontage (Minimum)
Front Yard (Minimum)
Rear Yard (Minimum)
Interior Side Yard (Minimum)
20234.2 sq. metres (217 SOD sq. ft.)
45 metres (147.6 ft.)
8 metres (26.2 ft.)
8 metres (26.2 ft.)
3 metres (9,8 ft.)
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
98
b)
vi)
EXterior Side Yard (Minimum)
8 metres (26.2 ft)
vii)
Lot Coverage (Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section 5.31.
x)
Off-street loading facilities shall be provided in accordance with Section
5.32.
xi)
A sight triangle of 15 metres (49.2 ft.) minimum shall be pr:
corner lot.
xii)
Open Storage uses shall be set back in accordance with
provisions set out in this subsection and where acces
Rural Industrial use, no open storage Use shall be permi .
exterior side yard.
Notwithstanding the above provisions, where an in rio
e yard and/or rear yard
abuts a residential zone then such int
ide
rd and/or rear yard shall be a
minimum of 22 metres (72.2 ft.). Tbis 2
72.2 ft) area sha.ll be maintained
in an open space condition and t~n-~o, e of goods or materials shall not
be permitted within this 22 m
~.2~rea.
c)
For Lands A
in
rivate Road Allowance or 0
osite a
Residential Z~ne
Where any lot line in aT'Jjt -
ral Industrial zone abuts a public roeld allowance or
a private ro
lIowan e or where the lot on the opposite side of a street or a
public or priva
Ilowance is in a residential zone, a buffer planting strip
adjoini
, ng lot line shall be provided on the RI Zone lot
T e buffer/planting strip shall consist of an earth berm and/or a continuous
unpierced hedgerow of tree, evergreens or shrubs, not less than 2.0 metres
(6.6 ft.) high and 3 metres (9,8 ft.) wide immediately adjoining the lot line
or portion thereof along which such planting strip is required. The earth
berm shall not be greater than a 3:1 slope.
ii)
Maint~nan~e
A buffer/planting strip shall be planted, nurtured and ma.intained by the
owner or owners of the lot on which the strip is located.
·99
iii)
Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
iv)
Interru ption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks exte·
buffer/planting strip or it shall be permissible to interru
metres (9.8 ft.) of the edge of such driveway or within L
the edge of such walk.
16.4
GENERALPROVISIQNS
All special provisions of Section 5 i'General Provisions" sha
. ply, where applicable, to
any land, lot, building, structure Or use within the
- Ru1 Ind. trial Zone.
16 .. 5
16~5 .. 1 RI-1 L
4 Concession 2 Li
Notwithstanding any provisio
shown on the attached schedu
,
Permitted Uses
i)
to the contrary, on lands zoned RI-l and
owing special provisions shall apply:
twitlistanding any provisions of this by-law to the contrary, on lands zoned RI-2 and
. n on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a communications tower (md accessory building.
toWNSHIP OF UMERJCK - COMPREHENSIVE ZONING BY-LAW
100
All oth~r provisions of this by-law shall apply.
16.5.3 RJ-3 (Lot 27, Concession 8. L~merick.Townshipl
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RI-3 and
shown on the att:~cheQ schedules, the following special provisions shall appl
Permitted Uses
The following use shan be permitted in addition to the uses of the RI z
, "
i)
one dwelling or dwelling unit as an accessory use for th
ner or operator of a
principal use.
All other provisions of this by-law shall ap Iy.
101
SECTION 17- MX" MINERAL EXTRACTIVE ZO~E
17.1
Within a MX - Mineral Extractive Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
17.2
PERMmED USES
i)a pit or quarry, including drilling and blasting, as licensed,
iI)
open space, conservation, forestry aMd agricultU"ral uses,
iii)
the processing of mineral aggregates, including aggreg;
washing, as licensed,
iv)
asphalt plants, ready-mix concrete plants and ag
ate tra
. r stations,
v)
a single detached dwelling accessory to an extractive
vi)
accessory buildings or uses to the above uses,
vii)
a wayside pit or quarry.
17.3
ZONE REGULATIONS
a)
For_Excavation Are
i)
ii)
iii)
i)
ii)
iii)
Setback from re
1?in enor
side lot lines (Minimu~
Setba
from fr~ a
exterior
side
'es ( . imum)
Setbac
idential,
rcia. ommuriity facility
al zone or use (Minimum)
ack from any road
-of-way (Minimum)
Setback from natural water course
en and Enclosed Pit or
Setback from rear and interior
side lot lines (Minimum)
Setback from front and exterior
side lot lines (Minimum)
Setback from residential,
commercial, community facility or
industrial zone or use (Minimum)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
30 metres (98.4 ft.)
90 metres (295.3 ft)
TOWNSHIP OF UME.RICK - COMPREHENSIVE ZONING BY-LAW
102
iv)
v)
Setback from any road
right-of-way (Minimum)
Setback from natural water course
30 metres (98.4 ft.)
30 metres (98.4 ft_.)
c)
~orAccessory Buildings to Pit or Quarry Operations
i)
ii)
iii)
All yards (Minimum)
Setback from residential,
commercial, community facility or
industrial zone or use (Minimum)
Setback from any road
right-of-way (Minimum)
30 metres (98.4
90 metres (
d)
For Conservation. Forestry and Agricultural U
i)
The zone regulations contained in
riculture Zone of this By-
law shall apply.
e)
For Open Space Uses
f)
i)
The zone regulations
in the Open Space Zone of this By-law shall
apply.
Landscaping
i)
land r\ot less than 15 metres (49.2 ft.) in width shall be reserved
purposes between any MX zone and any adjacent
cia community facility Or industrial zone or use and along any
treet line or lot line. Where an MX zone abuts a residential zone,
roadway is the only separation between two such areas, then no
-_~Iqregate extraction use shall be made of any kind within 30 metres (98.4
ft.) of the abutting lot line and no parking use shall be made of any land
within 7.5 metres (24.6 ft.) of the abutting lot line. The intervening land
shall be kept in an open space condition with grass, trees and shrubs and
retained as part of the normal operation of the extraction activity.
17.4
GENERAL PROVISIONS
All special provisions of Section 5 :'General ProvisiOns" shall apply where applicable to any
land, lot, building, structure, or use within the MX - Mineral Extractive Zone.
11.5
SPECIAL MX - MINERAL EXTRACTIVE ZONES
103
17.5.1 MX-1 Clot 18. Concession 4. Limerick Township)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned MX-1 and
shown on the qtto~ched schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
the operation of ~ gravel pit is permitted not closer than 121.
adjacent residence.
All other provisions of this by,.law shall apply.
17.5.2 MX .. 2 CLot 17. Concession 4. Limeri,.;~ ToVllnsh.ip)
Notwithstanding any provisions of this by-law
shown on the attached schedules, the folio ing sp
The following shall be the only pert'"
;
.
cOiWtrary, on lands zoned MX-2 and
rovisions shall apply:
i}
the operation of agrav;
adjacent residence..
,
oed not closer than 91.44 m (300 ft.) of an
isions of this by-law to the contrary, on lands zoned MX-3 and
d schedules, the following special provisions shall apply:
:eo operation of a gravel pit is permitted not closer than 304.8 m (1,000 ft.) of an
adjacent residence.
All other provisions of this by-law shall apply.
TOWNSHIP OF UMERICK . COMPREHENSIVE ZON.ING BY-LAW
104
SECTION .18 ~ _M - MINING ZONE
18.1
Within a M - Mining Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure of any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained
or referred to in this section.
18~~ PERMmED USES
i)
a mine that is approved and operated in accordance with the
18.3
ZONE REGULATIONS
The zone regulations for a mine will be detet"mined thro .
amendment process and will address, among other thi
buffering, conservation of natural environment and setbacks
18.4
GE_NERAL PROVlSIONS
ecific zoning by-law
etbac, rom wi)ter, access,
eighbouring land uses.
All special provisions of Section 5 "General
land, lot building, structure or use w·
'sion " hall apply where applicable, to any
iningZone.
18.5
SPECIALM - MINING ZONES
105
SECTION 19 - WD - WASTE DISPOSAL ZONE
19.1
Within a WD - Waste Disposal Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure of any use other than as permitted in this section
and also such use, building or structure shall be in accordance With the regulations
contained or referred to in this section.
19.2
PERMmED USES
i)
a sanitary landfill site,
ii)
a sewage treatment plant,
iii)
a sewage lagoon,
iv)
a waste transfer station,
v)
a waste processihgfacility including the recycH
ocessing of waste
materials into new products,
vi)
a salvage yard,
vii)
agricultural, open space, conservation a
viii)
accessory buildings or uses to the
19.3
ZONE REGULAnONS
a)
riculturalCons
ses
i)
The zone regulations
apply.
.
/
e Marginal AgriCulture Zone of this By-law shall
b)
iv)
egLJlations of the Open Sp~ce Zone of this By-law shall apply.
Lot Area (Minimum)
2 ha (4.9 acres)
Lot Frontage (Minimum)
60 metres (196.6 ft.)
Yard Requirements:
'
All yards (Minimum)
15 metres (49.2 ft.)
A strip of land not less than 15 metres (49.2 ft.) in width shall be reserved
for landscaping purposes between any salvage yard site and any adjacent
community facility, commercial or industrial zone or use, and along any
adjacent street line or adjoining lot line. Where a salvage yard site abuts a
residential zone or use or a roadway is the only separation between two
such areas, then no salvage yard use of any kind shall be made within 30
TOWNSHIP OF UMERICK - COMPREHENSIVE ZONING BY-LAW
106
metres (98.4 ft.) of the adjacent lot line. The land reserved for landscaping
purposes shall be kept in an open space condition with grass, trees and
shrubs and maintained as part of the norma.1 operation of the salvage yard
activity.
v)
No land shall be used for the storage or mechanized processing of goods,
WClres, merchandise, articles or things within 300 metres (984.3 ft.) of any
residential or commercial zone or use, nor closer than 100 metre (328.1 ft.)
to a lot line or a street line.
Without limiting the gene
subsection, mechanized processing includes the use of
equipment to crush, compact, separate, refine, incinera
goods, wares, merchandise, articles or things.
vi)
The salvage yard site shall be sufficiently screened by a
combination of the two so that waste material.
ng s
on the site are not visible from adjacent r ds. Th
reening shall extend
a minimum of 3 metres (9.8 ft.) above gra
to a h. ght equal to that of
the goods, wares, merchandis~, articles orthin
~ing stored or processed
within the salvage yard site, whi
ver is;e g ater. All fences shall be
constructed of an opaque ma
tr shall be painted or otherwise
preserved and kept painted om ti
time, so as to maintain the fences
in good condition.
vii)
An accessory weighin
cording office shall be permitted no
closer th~m 30 metres
street line.
viii)
A salvage yard .
located on land covered by water or subject
to flooding an
s a
so located that no direct drainage leads to a
watercourse.
ix)
No 0
burnin;sha be permitted.
x)
No
e of tt s shall be permitted.
xi)
rage or processing of any goods, wares, merchandise,
Ings all fluids shall be drained and disposed of in CI manner
y the Mini~try of the Environment if they are not stored for the
ses of resale.
er Waste Dis osal Uses
No person, including the municipality, shall establish, alter, enlarge or
extend a sanitary landfill site, a sewage treatment plant, a sewage lagoon, a
transfer station, or a waste processing facility lmless a Provincial Certificate
of Approval has been issued by the Ministry of the Environment
ii)
All waste disposal sites shall be established and operated in accordance
with the requirements of the Environmental Protection Act and the
Environmental Assessment Act.
iii)
A strip of land not less than 15 metres (49.2 ft) in width shall be reserved
for landscaping purposes between any sanitary landfill site, sewage
107
treatment plant, sewage lagoon, transfer station orwaste processi.ng facility
and any adjacent commercial, community facility or industrial zone or use
and along any adjacent street line or adjoining lot line. Where such uses
abut a residential zone or an existing residential use or a roadway is the
only separation between two such areas, then no waste disposal use shall
be made of any kind within 30 metres (98.4 ft.) of the abutting lot line. The
land reserved for landscaping purposes shal.1 be kept in em
condition with grass, trees, and shrubs and maintained as part oji· _Kbo
operation of the waste disposal activity.
19.4
GENERAL PKOvtslONS
,
All special provisions of Section 5 "General Provisions" shall ap
where appljcal;>le, to
any land, lot, building, structure or use within the WD -
e Dispo
19.5
SPECIAL WD - WASTE DISPOSAL ZONES
TOWNSHIP OF UMERICk - COMPREHENSIVE ZONING BY-LAW
108
SECTION 20 - CF - COMMUNITY FACIUTY.ZONE
20.1
Within a CF - Community Fqcility Zone, no p.erson shall use any land, erect, alter, enlarge, .
use or maintain any building or structure for any use other than as permitted in this section
qnd also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
20.2
pERMmED USES
i)
any undertaking established ot maintained by a government
rity,
agency or commission,
ii)
a place of worship, with accessory uses induding a cemetery an
iii)
a cemetery,
iv)
any undertaking of a utility company, such as a n
mpany or telephone
company,
v)
a school,
vi)
a commercial or private dub or fraternal
vii)
a public or private hospital;
viii)
a community centre or arena,
ix)
a nursing home or extended care fae
x)
a nursery school,
xi)
a library,
xii)
an elderly person's cen .
xiii)
a public park,
xiv)
any other institutional or 0
xv)
charitable ca
xvi)
xvii)
r use to the above uses.
20.3
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
Front Yard (Minimum)
10 metres (32.8 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
7.5 metres (24.6 ft.)
vi)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
vii)
Lot Coverage (Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with SectioI15.31.
b)
For Accessory Buildings
i)
ii)
iii)
iv)
Rear Yard (Minimum)
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
Building Height (Maximum)
1.5 metres (4,9 ft.)
1.5 metres (4.9 ft.)
10 metres (32.8 ft.)
4.5 metres (14.8 ft.)
c)
For Lands Abutting A Residential Zone or Residential Use
l09
Notwithstanding the above provisions, where a rear yqrd and/o
s .e yard
abuts a residential zone or existing residential use then such irite
yard shall
be a minimum of 10 metres (32.8 ft.) and such rear yar· . all
minimum of 15
metres (49.2 ft.). The 1 metre (3.3 ft.) strip immediately
. cent to the rear yard
and/or interior side yard shall be landscaped.
20.4
GENERAL PROVISIONS
All special provisions of Section 5 "Gener
Provis
shall apply, Where applicable, to
any land, lot, building, structure or use wit
he CF ~ommunity Facility Zone.
20.5
PECIAL CF - COMMUN
TOWNSHI.P OF UMERICK - COMPREHENSIVE ZON.ING BY-LAW
110
SEcnON 21 - OS - OPEN SPACE ZONE
21.1
Within an OS - Open Space Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this sect.ion
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
21.2
PERMiTtED USES
21.3
i)
ii)
iii)
iv)
v)
vi)
vii)
open space and conservation uses; including forestry, refor
activities connected with the conservation of soil and wildlife,
agricultural uses but not intensive agricultural uses,
a fairground,
a woodlot,
a public or private park, conservation area, playg
park, public boat
launch or swimming or picnicking area, playing field,
rational trail, swimming
pool, wading pool, beach, picnic area
andstgpd,
ating rink, tennis court,
bowling green, golf course or other simi r
dbr recreational uses, both passive
and active,
A..
an accessory dWelling. or dwellin9~.Jf. :0. Ii¢a ca. retaker or security guard, in
accordance with the provisio
.i~19 of this By-law,
an accessory building or use
oveuses, including an accessory commercial
building or use to serv
a)
~Fo!!!r:A!IJh~'
i)
distance of buildings or structure from any lot line shall be
(32.8 ft).
inimum distance of buildings or structures from the centre line of any
shall be 30 metres (98.4 ft.),
Building Height (Maximum)
Lot coverage (Maximum)
6 metres (19.7 ft.)
50 percent
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to
any land, lot, building, structure or use within the OS - Open Space ~one.
21.5
SPECIAL OS - OPEN SPACE ZONES
21.5.1 OS-l (Lot 4. Concession 5. Limerick Township)
111
Notwithstanding any provisions of this by-law to the contrary, on lands zoned 05-1 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
No additions or enlargements to existing buildings or structures shall b.' _~itted.
All other provisions of this by-law shall apply.
TOWNSHIP OF UMERJCK - COMPREHENSIVE ZONING BY-LAW
112
SECTION 22 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE
22.1
Within an EPW - Environmental Protection Wetland Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in accordance
with the regulations contained or referred to in this section.
22.2
PERMrrrED USES
i)
a conservation use excluding any buildings,
ii)
a building or structure required by a public authority for flood
or fot conservation or wildlife management purposes,
iii)
an accessory use to the above uses, excluding any buH
iv)
hunting,
v)
fishing.
2.2 .- 3
ZONE REGULATIONS
i)
ii)
The minimum setback from wetlan
Additional zone regulations shall
applic.atjon in consultation
Natural Resources.
shall oe 3 1 metres (98.4 ft.).
lishtKJ by the municipality at the time of
naJC:on./ation Authority and the Ministry of
22.4
GENERAL PROVISIONS
22.5
All special provisions
any land, lot, buildi
,
Zone.
eneral Provisions" shall apply, where applicable, to
r use within the EPW - Environmental Protection Wetlcmd
MENTAL PROTECTION WETLAND ZONES
113
SECDON 23 - EP - ENVIRONMENTAL PROTECTION ZONE
23.1
Within an EP - Environmental Protection Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
this section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
23.2
PERMmEDUSES
23.3
i)
conservation uses, including forestry, reforestation and other a
with the. conservation of soil and wildlife,
ii)
agricultural uses,
iii)
a conservation area, excluding any buildings,
iv)
a building or structLlre required by a public auth
"or erosion control
or for conservation or wildlife management purpose,
v)
passive outdoor recreational uses,
vi)
public and private parks, excluding any
UI i
vii)
an accessory use to the above
g any buildings, subject to the
approval of Council in consultati
Conservation Authority and the
Ministry of Natural Resources
GENERAL PROVISIONS
5 General Provisions shall apply, where applicable, to any
se within the EP - Environmental Protection Zone.
TOWNSHIP OF UMERICK - COMPR~HENSIVE ZONING BY-LAW
114
TOWNSHIP OF UMERICK
ZONING BY=LAW2013
Q 20