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ZONING BY-LAW NO. 18-22
ADOPTED APRIL 5, 2018
CONSOLIDATED VERSION
JANUARY 2023
This office consolidation includes all amendments adopted by Council prior to January 1,
2023. The document contained herein is prepared for the purposes of convenience only.
For accurate references, the user is encouraged to refer to the original amending by-laws.
AMENDMENTS
ZONING BY-LAW No. 18-22
TOWNSHIP OF MALAHIDE
(As of January, 2023)
BY-
LAW
No.
DATE
ADOPTED
OWNER
LOCATION
ZONE
CHANGE
MAP
NO.
PURPOSE
18-20
21 June 2018
Carrel Farm Inc.
Pt Lot 21
Con 9
A1 to RC
A - 29
-enlargement of existing farm equipment
sales & service business
18-31
3 May 2018
1964540 Ontario Inc.
(Vanderwyst)
Pt Lot 22
Con 12
A3 & M2
to A3-5 & M2-7
A- 17
-lot creation for a surplus farm dwelling
18-40
7 June 2018
Skipwell Farms Ltd.
Pt Lot 79
STR
A1 to A4-12
A1 to A2
A - 64
-lot creation for a surplus farm dwelling
18-41
7 June 2018
L. Dawson & 943448
Ont Inc.
Pt Lot 6
Con 8
A1 to A4
A1 to A2-1
A - 7
-lot creation for a surplus farm dwelling
18-49
21 June 2018
Tonckensdale Farms
Ltd.
Pt. Lot 21, 22
Con 11
A3 to A4
A - 17
-enlargement of existing residential lot
18-57
2 August 2018
B. & G. Teeple
Pt Lot 6
Con 3
n/a
A - 79
-permits temporary use (garden suite) for
max 20 years
18-64
6 September
2018
J. & L. Jones
Pt. Lot 11
Con South
Gore
HR-H-1 to HR
Sch J
-removal of H symbol to permit
development on 9 residential lots
18-65
20 September
2018
H. & G. Bartsch
Pt. Lot 35
Con 4
A1 to A1-18
A - 77
-permit mini-barn construction business
18-67
4 October 2018
Lankhuijzen Farms Ltd.
Pt Lot 32
Con 3
A1 to A4-13 &
A4-14
A1 to A2
A - 86
-lot creation for two surplus farm
dwellings
18-68
4 October 2018
Lankhuijzen Farms Ltd.
Pt. Lot 20
Con 2
A1 to A4-15
A1 to A2
A - 92
-lot creation for a surplus farm dwelling
-woodworking
and
cabinet
making
business as a home occupation
18-73
21 March 2019
1841591 Ontario Inc.
(Guenther)
Pt. Lot 11
Con 9
A1-2 to A1-2-H-
1
A - 26
-permits
food
processing
plant,
restaurant, truck terminal & all other
permitted uses of the A1 zone
19-08
10 January 2019 General Amendment -
Housekeeping By-law
Township -
wide
refer parent by-
law
refer
parent
by-law
-refer parent by-law
19-09
10 January 2019
General Amendment -
Housekeeping By-law -
Remove H symbol
Springfield,
South Gore,
Calton &
Copenhagen
VR1-H-1 to
VR1,
HR-H-1 to HR
Sch D,
Map 3
Sch J
Sch M
Sch N
-refer parent by-law
19-13
7 February 2019
D. & C. Tisdale
Pt. Lot 11
Con 10
n/a
A - 13
-permits temporary use (garden suite) for
max 20 years
19-24
21 February
2019
P. Wagler
Pt. Lot 99 -
101
Con NTR
A1-4 to M3-3-
H-1
A - 48
-permits food processing plant, furniture
finishing establishment &
warehouse/showroom accessory to a
furniture finishing establishment
19-31
4 April 2019
1788165 Ontario Inc.
(Demaree)
Pt. Lot 13, 14
Con 2
A3 to A4-16
A3 to A2-2
A - 90
-lot creation for a surplus farm dwelling
BY-
LAW
No.
DATE
ADOPTED
OWNER
LOCATION
ZONE
CHANGE
MAP
NO.
PURPOSE
19-36
25 April 2019
Toth Volume Gun
Irrigation Ltd.
Pt. Lot 11
Con 5
RC to HR
Sch A
-creation of three lots for residential
purposes
19-44
23 May 2019
Skipwell Farms Inc.
Pt. Lot 75 - 77
Con. SSTR
A1 to A4-17
A - 51
& 52
-lot creation for a surplus farm dwelling
19-45
23 May 2019
Kesty Vindasius
Pt. Lot 26,27
Con 2
A3 to A4 & A2
A - 93
-lot creation for a surplus farm dwelling
19-52
6 June 2019
Skipwell Farms Inc.
Pt. Lot 74 - 76
Con STR
A1 to RR & A2
A - 51
-lot creation for a surplus farm dwelling
19-53
6 June 2019
Roy & Marilyn Willsey
Pt. Lot 18
Con 10
n/a
A - 11
-permits temporary use (garden suite) for
max 20 years
19-61
4 July 2019
Robert & Michelle
DeRyk
Pt. Lot 108
Con STR
A1 to RR-1 &
A2-3
A - 59
-lot creation for a surplus farm dwelling
19-70
1 August 2019
Gay Lea Foods Co-
operative Ltd.
Pt. Lot 4
Con 1 & 2
OS to OS-7
A - 97
-permit recreational and educational
purposes in addition to existing uses
19-77
5 September
2019
B & AM Reymer Ltd.
Pt. Lot 89
Con STR
A3 to A4-18 &
A2
A - 55
-lot creation for a surplus farm dwelling
19-78
5 September
2019
Nancy Silverthorn
Pt. Lot 92
Con STR
A1 to A4-19 &
A2-3
A - 55
-lot creation for a surplus farm dwelling
19-82
19 September
2019
Harry & Gail Van
Kasteren
Pt. Lot 11
Con 8
A3 to A1-19-H-
1
A1 to A1-19
A - 35
-enlargement of lands for agricultural and
agricultural-related uses
19-89
17 October 2019
PH Engineering
Solutions Inc.
Pt. Lot 21
Con 3
I to RC-16
A - 83
-permit engineering business
19-93
7 November
2019
Robert & Michelle
DeRyk
Pt. Lot 11
Con 5
A2 to RR-2
A-62
-lot creation for a surplus farm dwelling
19-110
5 December
2019
J. & L. Walker Farms
Ltd
Pt. Lot 104
Con NTR
A3 to A3-6
A-49
-permit food processing plant (milk
processing facility)
20-16
19 March 2019
Andrew & Connie
Thiessen
Pt Lot 15, Con
4,
HC to HR
Sch K
-lot creation and zone change
20-17
19 March 2019
Daryl & Katharina Good
Pt. of Lot 10,
Con 2
A4 to A4-9
A-89
-permits special use for animal kennel
20-49
13 August 2019
Niholm Holsteins Ltd.
(Jordan Vallance)
Pt. Lot 3, Con
11
A1 to RR
A1 to A2-5
A-24
-lot creation for a surplus farm dwelling
20-58
17 September
2020
Bradley Near & Sara-
Lynn Boegel
Pt. Lot B, Plan
18,
VR1 to VR1-4
Sch D2
-permit second dwelling in front yard
20-60
1 October 2020
2660711 Ontario Inc.
(J. Penner)
Pt. Lot 87, Con
3 (Pt. Lot 14,
Con 7)
HWC to RR-3
Sch H
-permit four-unit residential dwelling
BY-
LAW
No.
DATE
ADOPTED
OWNER
LOCATION
ZONE
CHANGE
MAP
NO.
PURPOSE
20-61
1 October 2020
Norman & Beverly
Stansell
Pt. Lot 101,
Con 101
A1 to A1-11
A-58
-lot addition
20-65B
15 October 2020
Kenneth, Anthony &
Mary Stover
Pt. Lot 28 and
Pt. Lot 29, Con
3
A2 to A4
A-85
-lot creation for a surplus farm dwelling
20-69
5 November
2020
Thomas and Suzanne
Pettit
Pt. Lot 22, Con
7
A2 to A2-6
A-1
-permit milk processing facility
20-70
19 November
2020
General Housekeeping Township -
wide
-refer parent
by-law
A-58
and
various
-refer parent by-law
20-72
19 November
2020
Bill Reymer
Pt. Lot 85 and
Lot 86,
Concession
STR
A1 to A3
A-54
-merging of parcels and lot creation in
Town of Aylmer
20-73
19 November
2020
Dohner Farm Ltd.
Pt. Lot 34, Con
1
A3 to A4-21
& A2
A-104
-lot creation for a surplus farm dwelling
20-77
3 December
2020
MacVicar Farms Ltd.
Pt. Lot 24, Con
12
A3 to A4 &
A2
A-17
-lot creation for a surplus farm dwelling
20-78
3 December
2020
Robert, Jean & Jason
Nicholson
Pt. Lot 12, Con
5
RR to RR-4
A-63
-side yard deficiency for shop
20-79
3 December
2020
David & Jacqueline
Fehr
Pt. Lot 34, Con
9
A1 to A4 & A2
A-32
-lot creation for a surplus farm dwelling
20-85
17 December
2020
Cornelius & Margaretha
Penner
Pt. Lot 21, Con
9
VR1 to VR1-H-
1
D4
-Holding provision placed on parcel
21-04
7 January 2021
Dwight & Lydia Steven
Pt. Lot 21, Con
3
A1-12 to A1-12-
T
A-83
-Temporary Use for a place of worship
(Lapsed / No Longer in Effect)
21-11
4 February 2021
Gregory Underhill
Pt. Lot 25, Con
2
A2 to A4
A-93
-lot creation for a surplus farm dwelling
-No text change
21-31
22 April 2021
Lorraine Renton
Lots 54 & 55,
Plan 226
GC to GC-5
O4
-Permit three (3) existing single-unit
residential dwellings accessory to a
commercial use
21-42
3 June 2021
Graham & Janet
Saarloos
Pt. Lot 82, Con
NTR
A1 to A2-9 &
A4
A-44
-lot creation for a surplus farm dwelling
21-48
17 June 2021
Algar Farms Ltd
Pt. Lot 23, Con
2
A3 to A2 & A4
A-92
-lot creation for a surplus farm dwelling
-No text change
21-49
17 June 2021
Alaina & Alexander
Balazsy
Pt. Lot 14, Con
7
OS to RR-5
H
-permit accessory building in front yard
21-60
2 September
2021
Seeberger
Pt. Lot 25, Con
8
remain A3-2
A-39
-expand
range
of
permitted
manufacturing uses and permit a two (2)
unit dwelling as an accessory use
21-67
7 October 2021
Wallace
Pt. Lots 15 And
16, Con 7
A1 to A2 and
A4
A-3 &
A-4
-lot creation for two (2) surplus farm
dwellings
-No text change
BY-
LAW
No.
DATE
ADOPTED
OWNER
LOCATION
ZONE
CHANGE
MAP
NO.
PURPOSE
21-73
21 October
2021
Sebok
Pt. Lots 34 And
35, Con 1
A3 to A1
A-104
-Lot creation for one (1) new farm parcel
-No text change
21-80
4 November
2021
Zimmer/Hare
Pt. Lot 11, Con
8
A1 to A2-10
and A4
A-35 &
A-36
-lot creation for a surplus farm dwelling
21-81
18 November
2021
Dawson
Pt. of Lots 4
and 5, Conn 9
A1 to A2 and
A4
A-15
-lot creation for a surplus farm dwelling
-No text change
21-82
18 November
2021
Glinski
Pt. Lot 23, Con
3
A1 to HR and
A1-132
A-83
-lot creation for three (3) residential lots
21-83
18 November
2021
Loewen
Pt. Lots 23 and
24, Con Gore
NTR
A1 to A4
A-47
-lot creation for a surplus farm dwelling
-No text change
22-03
6 January 2022
Empey
Pt. Lot 19, Con
North Gore
A4 to A4-23-H-
1
A-46
-permit motor vehicle repair garage for
MTO inspections
22-21
7 April 2022
John & David Loewen
Pt. Lots 96 &
97, Con 7,
(NTR), and Pt.
Lot 24, Con
Gore NTR
A3-4 to A3
A-47
-remove transport truck repair facility as
permitted use
-No text change
22-22
7 April 2022
John & David Loewen
Pt. Lots 23 and
24, Con Gore
NTR
A1 to A1-20-H-
1
A-47
-permit transport truck repair facility
22-28
5 May 2022
Empey
Pt. Lot 19, Con
North Gore
A4-23-H-1 to
A4-23
A-46
-Remove holding (H-1)
22-29
5 May 2022
Goodhue
Pt. Lot 23, Con
12
A3 to A2 and
A4
A-17
-lot creation for a surplus farm dwelling
-No text change
22-36
2 June 2022
Bogarts/Burks
Pt. Lot 9, Con
10, South
Dorch
A2 to A1, A4 to
A1, A2 to A4
A-14
-housekeeping to correct error
-No text change
22-42
16 June 2022
G & M Howe & Sons
Ltd
Pt. Lot 5, Con 5
A1 to A1-21
A-61
-min. lot area relief for severance
22-43
16 June 2022
Scott Hayhoe Farms
Pt. Lot 32, Con
3
A1 to A4, A1 to
A2
A-86
-lot creation for a surplus farm dwelling
-No text change
22-46
7 July 2022
Rockx Farms Ltd.
Pt. Lot 11, Con
11, South
Dorch
A1 to RR, A1 to
A2-11
A-21
-lot creation for a surplus farm dwelling
-min lot frontage relief
22-47
4 August 2022
Berkelmans
Pt. Lot 31, Con
9
A1 to A2, A1 to
A4-24
A-31
-lot creation for a surplus farm dwelling
-Relief for barn
22-50
6 October 2022
Hope Creamery
Pt. Lot 25, Con
8 N
A3-2 to A3 and
M3-4
A-39
-Processing milk and cheese products
-Permit the expansion of the existing
buildings to a maximum floor area of
800m2
22-64
6 October 2022
DeSutter-Rasanu
Pt Lot 30, Con
6 N, Con STR,
Pt Lot 103
A1 to A2 and
A4-25
A-58
-lot creation for a surplus farm dwelling
-To recognize the existing front yard
setback of 5.5 metres, where the By-law
requires 15 metres.
BY-
LAW
No.
DATE
ADOPTED
OWNER
LOCATION
ZONE
CHANGE
MAP
NO.
PURPOSE
22-65
6 October, 2022
Hiebert-Rasanu
Pt Lot 33, Con
4 S
A4 to RR
A-77
-lot addition to permit the conveyance of
land from the subject property to the
adjacent, undersized existing parcel
- No text change
22-79
1 December,
2022
Miller-Rasanu
Pt Lot 31, Con
5 N
A1 to A3
A-67
-to permit an agricultural lot split
-No text change
PURPOSE AND EFFECT
BY-LAW NO. 18-22
TOWNSHIP OF MALAHIDE
COMPREHENSIVE ZONING BY-LAW
By-law No. 18-22 of the Township of Malahide is a comprehensive zoning by-law passed by Council on
April 5, 2018 pursuant to Section 34 of the Planning Act, R.S.O., 1990 as amended or revised from time
to time.
The By-law regulates the use of land and the character, location and use of buildings and structures
throughout the Municipality. It divides the Municipality into a number of specific land use zones. For each
zone, the permitted uses and the regulations governing these uses (namely, the siting and size of
buildings and structures) are listed.
If a use is not specifically permitted by the By-law, it is deemed to be prohibited with the exception of
certain public uses. If the existing use of a property is not listed as a permitted use and does not qualify
as a public use, then the use is a non-conforming or an illegal use depending upon when it was
established. Non-conforming uses legally established on the day of the passing of this By-law are
protected and allowed to continue. Expansions to enlarge or extend non-conforming uses, however,
require public notice and the approval of the Municipality.
The zone maps or schedules which form part of the By-law identify individual properties and the zoning
which applies to them. Regulations which apply to more than one land use zone or throughout the
Municipality regardless of how lands are zoned are contained in a separate section, entitled General
Regulations.
Amongst other more specific changes, the new Zoning By-law contains up-dated and revised definitions,
new standards for development, new and revised land use zones and improved mapping. In addition, the
By-law implements various provisions of the Municipality's Official Plan. Under the provisions of the
Planning Act, the Zoning By-law must be consistent with the Provincial Policy Statement and must
conform to the County of Elgin Official Plan and the Township of Malahide Official Plan.
The By-law does not exempt any person or corporation from having to comply with the requirements of
the Ontario Building Code, the Catfish Creek Conservation Authority, the Kettle Creek Conservation
Authority or the Long Point Region Conservation Authority. It also does not exempt any person or
corporation from having to comply with other by-laws of the Municipality or from obtaining any necessary
or required license, permit or approvals from any other authority or public agency having jurisdiction in
the Township.
Amendments may be made at any time to the Zoning By-law in response to development proposals,
requests for changes in land use and other planning issues that may arise. The Official Plan establishes
the basis for evaluating and adopting such amendments. Depending on the nature of the proposed
amendment, surrounding property owners or residents of the Municipality as-a-whole are notified and
given an opportunity to express their support of, or opposition to, the proposed amendment.
This By-law replaces By-law No. 05-27, being the Township of Malahide Zoning By-law adopted on April
25, 2005, and all amendments thereto. Minor variances granted to By-law No. 05-27, however, continue
to remain in effect.
In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements
for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of
the Municipality.
Zoning By-law No. 18-22
Township of Malahide
TABLE OF CONTENTS
SECTION
TITLE
PAGE NO.
1.0
INTERPRETATION AND ADMINISTRATION
1
2.0
DEFINITIONS
5
3.0
ZONES AND ZONE MAPS
35
4.0
GENERAL REGULATIONS
39
5.0
AGRICULTURAL ZONES
57
6.0
RESIDENTIAL ZONES
79
7.0
COMMERCIAL ZONES
89
8.0
INDUSTRIAL ZONES
101
9.0
INSTITUTIONAL, OPEN SPACE & PUBLIC UTILITY ZONES
113
10.0
ENACTMENT
119
LIST OF SCHEDULES
SCHEDULE "A" - RURAL AREA
SCHEDULE "B" - AVON
SCHEDULE "C" - LYONS
SCHEDULE "D" - SPRINGFIELD
SCHEDULE "E" - KINGSMILL CORNERS
SCHEDULE "F" - ORWELL
SCHEDULE "G" - TALBOT WEST
SCHEDULE "H' - DINGLE STREET
SCHEDULE "I" - SUMMERS CORNERS
SCHEDULE "J" - SOUTH GORE
SCHEDULE "K" - LUTON
SCHEDULE "L" - MOUNT SALEM
SCHEDULE "M" - CALTON
SCHEDULE "N" - COPENHAGEN
SCHEDULE "O" - PORT BRUCE
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
1
1.0
INTERPRETATION AND ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Township of Malahide Zoning By-law".
1.2
LANDS AFFECTED
The provisions of this By-law shall apply to all land within the corporate limits of the Township
as now or hereafter legally constituted.
1.3
SCOPE
No land shall be used, no lot shall be altered, and no buildings or structures shall be erected,
altered, or used within the Township except in conformity with this By-law.
1.4
INTERPRETATION
Unless specified otherwise, the following shall apply throughout this By-law:
a)
the particular shall supersede the general;
b)
where a term or phrase is defined in general terms herein, it shall not be construed to
mean any other term or phrase which is more specifically defined herein unless it is
specifically stated otherwise;
c)
if a use is not listed as a permitted use, it is deemed to be prohibited with the exception of
public uses as stipulated herein;
d)
the word "shall" is to be construed as mandatory and not discretionary;
e)
unless the contrary intention specifically appears otherwise, words imparting the singular
number or the masculine gender only shall include more persons, parties, or things of the
same kind than one, and females as well as males, and the converse;
f)
a "building" or "structure" shall include any part or portion thereof;
g)
any Act, Regulation or Publication of a public authority referred to herein shall include any
predecessor thereof, any amendments or revisions made thereto or any subsequent Act,
Regulation or Publication enacted in place thereof;
h)
changes in road names and modifications to lot fabric, including the addition of new lots,
shall be reflected in subsequent consolidated versions of this document and an
amendment to the Zoning By-law shall not be required to reflect said modifications;
i)
text shown in italics found at the introduction to Section 5 through Section 9 inclusive to
this By-law is provided for descriptive and convenience purposes only and shall not
comprise part of the By-law;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
2
j)
(amended by By-law No. 19-08 General Amendment)
the zone legend and accompanying information found immediately preceding Schedule 'A'
Index Map is provided for descriptive and convenience purposes only. Any modification to
wetland classifications and delineations, as well as the limits of areas regulated by the
conservation authority having jurisdiction, shall be reflected in subsequent consolidated
versions of this document and an amendment to the Zoning By-law shall not be required.
1.5
MEASUREMENTS
All standards of measurement applied in this By-law shall be subject to the normal rules of
rounding numbers, within the degree of precision specified by the number of digits following the
decimal point, if any, so that:
a)
for a whole number, measurements of less than 0.5 shall be rounded downward to the
next whole unit;
b)
for a whole number, measurements of 0.5 and greater shall be rounded upward to the
next whole unit;
c)
for a number having one decimal place, measurements of less than 0.05 shall be rounded
downward to the next one-tenth unit;
d)
for a number having one decimal place, measurements of 0.05 and greater shall be
rounded upward to the next one-tenth unit; and
e)
for numbers expressed as a ratio or as a percentage, rounding shall not be applied.
1.6
LICENCES AND PERMITS
No municipal permit, certificate, or license shall be issued where the said permit is required for
a proposed use of land or a proposed erection, alteration, enlargement or use of any building or
structure that is not in compliance with this By-law.
1.7
CONSERVATION AUTHORITIES
Where lands lie within an area regulated by the Catfish Creek Conservation Authority pursuant
to Ontario Regulation 146/06, the Kettle Creek Conservation Authority pursuant to Ontario
Regulation 181/06, or the Long Point Region Conservation Authority pursuant to Ontario
Regulation 178/06, no building permit shall be issued by the Township for a building or structure
in compliance with this By-law without permission having first been given by the Authority having
jurisdiction.
1.8
REMEDIES
Where any building or structure is or is proposed to be erected, altered, reconstructed, extended
or enlarged, or any building or structure is, or is proposed to be used, in contravention of this
By-law, the same may be restrained by an action of any person or of the Township under the
Planning Act or the Municipal Act.
Where a person or corporation, guilty of an offense under this By-law has been directed to
remedy any violation and is in default of doing any matter or thing required, such matter or thing
shall be done at his or its expense. Where a person or corporation has refused or neglected to
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
3
reimburse the Township for the cost of such work, thing or matter done, the same may be
recovered by the Township in like manner as taxes.
1.9
APPLICATION OF OTHER LEGISLATION
Nothing in this By-law shall serve to relieve any person from the obligation to comply with the
requirements of the Ontario Building Code or any other by-law of the Municipality in force from
time to time or the obligation to obtain any license, permit, authority or approval required by the
Municipality or any other public authority or body and without limiting the generality of the
forgoing, shall include the Catfish Creek Conservation Authority, the Kettle Creek Conservation
Authority, the Long Point Region Conservation Authority and the Ministry of Transportation in
the following circumstances:
a)
where lands lie within an area regulated by the Catfish Creek Conservation Authority
pursuant to Ontario Regulation 146/06, the Kettle Creek Conservation Authority pursuant
to Ontario Regulation 181/06, or the Long Point Region Conservation Authority pursuant
to Ontario Regulation 178/06 as shown on the Zone Maps, no use shall be established
and no building or structure shall be erected without permission having first being given
by the authority having jurisdiction.
b)
where lands lie within the permit control area established by the Ministry of Transportation
adjacent to Highway No. 3 pursuant to the Public Transportation and Improvement Act, no
use shall be established and no building or structure shall be erected without a permit
having first being issued by the Ministry.
1.10
VALIDITY
Should any section, clause or regulation of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of this By-law shall not be affected.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
4
(This Page Left Blank Intentionally)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
5
2.0
DEFINITIONS
For the purposes of this By-law, the definitions herein shall govern.
2.1
ABATTOIR
shall mean a building erected, used or intended for the slaughtering of animals for the purposes
of processing meat into food for human consumption and/or where meat products are produced,
processed, handled, sold or stored.
2.2
ACCESSORY
when used to describe a use, building, or structure shall mean a use, building, or structure that
is:
a)
incidental, subordinate and exclusively devoted to a main permitted use, building or
structure;
b)
located on the same lot as the main permitted use, building or structure;
c)
unless specified otherwise in this By-law, not used for human habitation.
2.3
ADULT ENTERTAINMENT ESTABLISHMENT
shall mean a building or structure erected, used or intended for use in the pursuance of any
trade, calling, business or occupation, for the purpose of a live performance, exhibition or activity
designed to appeal to erotic or sexual appetites or inclinations, a principal feature or
characteristic of which is the nudity or partial nudity of any person, and in respect of which the
word nude, naked, topless, bottomless or sexy, or any other word, picture, symbol or
representation having like meaning or implication is used on a sign advertisement or
advertisement device and, without limiting the generality of the foregoing, includes any
performance, exhibition or activity involving striptease dancers, go-go dancers, exotic dancers,
wet clothing contests or best body parts contests and additionally includes a body rub parlour
but not a massage therapy establishment.
2.4
AGRICULTURAL SALES ESTABLISHMENT
shall mean the use of land, buildings or structures for the purposes of the sale of goods,
materials or services that support or are otherwise associated with agricultural uses including,
but not limited to, the sale, processing and storage of feed, fertilizer and chemical products.
2.5
AGRICULTURAL USE
shall mean the cultivation of land, the production of crops and the processing and selling of such
products and the breeding, care, raising and keeping of livestock and the selling of such livestock
or the products of such livestock and, without limiting the generality of the foregoing, includes
apiaries, aquaculture, greenhouses, fish hatcheries, fur farming, market gardening, rabbitries,
sod farming, production of maple syrup and the raising and the harvesting of bush, field, tree or
vine crops.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
6
2.6
AGRICULTURAL USE, RESTRICTED
shall mean an agricultural use with the exception of the breeding, raising and care of livestock
governed by the Nutrient Management Act and regulations pursuant thereto; fur farming and
mushroom farming.
2.7
AGRI-TOURISM USE
shall mean the use of land, buildings or structures in agricultural zones for purposes that promote
the enjoyment, education or participation in activities related to agriculture or the farm operation.
2.8
ALTER
shall mean, when used in reference to a building or structure, to change any one or more of the
internal or external dimensions of such building or structure or to change the type of construction
of the exterior walls or roof thereof, and when used in reference to a lot, shall mean to change
the width, depth, or area thereof or to change the frontage, depth, or area of any required yard,
setback, or parking area, or to change the location of any boundary of such lot with respect to a
road, whether such alteration is made by conveyance or alienation of any portion of the said lot
or otherwise.
2.9
ANIMAL CLINIC
shall mean a building erected, used or intended for, use by a veterinarian and his assistants for
the purpose of providing for the care and treatment of pets raised or housed for recreational or
hobby purposes, and, without limiting the generality of the foregoing, includes dogs, cats, and
birds but does not include livestock.
2.10
ANIMAL HOSPITAL
shall mean a building erected, used or intended for use by a veterinarian and his assistants for
the purpose of providing for the care and treatment of livestock and may include an animal clinic.
2.11
ANIMAL KENNEL
shall mean the use of land, buildings or structures or combination thereof within which four (4)
or more domesticated animals, other than poultry, more than four (4) months of age are housed,
groomed, bred, boarded, trained or sold and which may offer provisions for minor medical
treatment.
2.12
ART GALLERY
shall mean a building erected, used or intended for the public display of works of art such as
paintings, sculpture, pottery, glass and weaving.
2.13
ATTACHED
shall mean a building otherwise complete in itself, which depends for structural support, or
complete enclosure, upon a division wall or walls shared in common with an adjacent building
or buildings.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
7
2.14
AUCTION SALES ESTABLISHMENT
shall mean the use of land, buildings or structures for the retail sale of articles or goods to the
members of the public bidding the highest offer for the article or goods during the sale
proceedings.
2.15
BAKE SHOP
shall mean a building where bakery products are offered for sale, some or all of which may be
prepared on the premises.
2.16
BALCONY
shall mean a stage or platform, other than a stoop, projecting from the main wall of a building
and accessible only from inside such building.
2.17
BANQUET HALL
shall mean a privately owned and operated building designed, used or intended for use as a
meeting place by the public for which rental charges are paid, and may include associated dining
rooms and beverage rooms but does not include a club or restaurant as defined elsewhere in
this By-law.
2.18
BASEMENT
shall mean that portion of a building partly underground, but having less than one-half (1/2) its
clear height below the average lot grade.
2.19
BED & BREAKFAST ESTABLISHMENT
shall mean a single unit detached dwelling in which rooms are made available by the person or
persons occupying the said dwelling for the accommodation of the travelling or vacationing
public and within which meals may be offered.
2.20
BOARDING HOUSE OR ROOMING HOUSE
shall mean a dwelling, in which the proprietor resides and supplies lodging for hire or gain to
more than two (2) persons and may include the provision of meals to such persons.
2.21
BUFFER STRIP
shall mean an area used for no other purpose than the planting of a continuous row of trees or
an un-pierced hedgerow of natural evergreens or shrubs, not less than 1.2 metres in height at
the time of planting, immediately adjacent to the lot line or portion thereof, along with such
planting strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower
beds, man-made landscape materials or a combination thereof and may also contain a closed
board, picket or chain-linked fence which is a minimum of 1.2 metres high.
2.22
BUILDING
shall mean a structure, whether temporary or permanent, erected, used or intended for
sheltering any use or occupancy and consisting of a wall, roof and floor, or any one or more of
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
8
these, or a structural system serving the functions thereof, including all the works, fixtures and
service systems appurtenant thereto, but shall not include a boundary wall, fence, travel trailer,
camping trailer, truck camper, motor home or tent.
2.23
BUILDING LINE
shall mean a line within a lot drawn parallel to a lot line which establishes the minimum distance
between the lot line and building or structure which may be erected. Where the lot line is a
curve, the building line shall be a line drawn parallel to the chord of the arc constituting the lot
line.
2.24
BUILDING SUPPLY OUTLET
shall mean the use of land, buildings or structures or combination thereof for the storage, milling
and sale of a broad range of building materials, tools and related items.
2.25
BULK SALES ESTABLISHMENT
shall mean the use of land, buildings or structures for the purpose of buying, selling, and storing
fuel oil, wood, lumber, building materials or similar bulk commodities but excludes any
manufacturing, assembling or processing of these commodities.
2.26
BUSINESS OR PROFESSIONAL OFFICE
shall mean a building erected, used or intended for the management, direction or conducting of
an agency, business, profession, labour or fraternal organization but excludes such uses as
retail trade; the manufacturing, assembly or storage of goods; or places of assembly and
amusement.
2.27
BUTCHER SHOP
shall mean a retail store for keeping or preparing fresh or cured meat for sale by retail but shall
not include premises where only pre-packaged meat or meat products are offered for sale.
2.28
CABIN
shall mean a building designed, used or intended primarily for sleeping purposes but not
including kitchen facilities and usually associated with a campground or trailer park, church camp
and similar outdoor uses.
2.29
CAMPGROUND OR TRAILER PARK
shall mean the use of land for seasonal recreational activity as grounds for the camping or
parking of tents, motor homes, travel trailers, park models or truck campers but not mobile
homes and consisting of at least five (5) camping sites.
2.30
CAR WASH
shall mean a building erected, used or intended for the installation and operation of automatic
or semi-automatic equipment for the washing of motor vehicles, machinery and equipment.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
9
2.31
CATERER'S ESTABLISHMENT
shall mean a building in which food and beverages are prepared for consumption off the
premises and are not served to customers on the premises or to take-out.
2.32
CELLAR
refer to the definition of BASEMENT.
2.33
CEMETERY
shall mean the use of land, buildings, or structures or combinations thereof for the interment of
the deceased or in which human bodies have been buried and may include a crematorium,
mausoleum and a columbarium.
2.34
CLINIC
shall mean a building, other than a hospital, used by medical doctors, dentists, optometrists,
podiatrists, chiropractors and/or drugless practitioners, the practice of health discipline,
radiological technicians, registered psychologists and their staff for the purpose of public or
private medical, surgical, physiotherapeutic or human health and may include administrative
offices, waiting rooms, treatment rooms, laboratories, ophthalmic dispensers, pharmacies, blood
donor facilities, specimen collection centres and dispensaries directly associated with the facility,
but does not include overnight accommodation or operating rooms.
2.35
CLUB
shall mean a building erected, used or intended for use as a meeting place for the members of
an organization, association, fraternal order or similar group, not operated for profit and wherein
athletic facilities, banquet facilities, dining rooms and beverage rooms may be provided.
2.36
COMMERCIAL FISHING OPERATION
shall mean an establishment involved in the harvest and processing of marine life, for the
purpose of retail or wholesale trade, and shall include all buildings and structures associated
with such operation.
2.37
COMMERCIAL GREENHOUSE
shall mean the use of land, buildings or structures or combination thereof where fruits,
vegetables, flowers, trees, shrubs or plants are produced by controlled temperature and/or
humidity for the purpose of selling such products, and which may include a garden centre as a
commercial accessory use.
2.38
COMMERCIAL USE
shall mean the use of land, buildings or structures or combination thereof for the purposes of
buying and/or selling commodities and supplying services for profit or intended for profit.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
10
2.39
COMMUNITY CENTRE
shall mean a building erected, used or intended for community activities and not for commercial
purposes, the control of which is vested in the Township, a local board or trustees.
2.40
COMMUNITY GARDEN
shall mean a clearly defined space on a lot, open and accessible to the general public, for the
purposes of the growing and harvesting of fruits and vegetables, but does not include the retail
sale of such produce.
2.41
CONSERVATION AREA
shall mean lands owned by a conservation authority, which may or may not be open to the
public, for the protection, maintenance and enhancement of the natural environment including
soil, water, vegetation and wildlife.
2.42
CONSERVATION AUTHORITY
shall mean the Catfish Creek Conservation Authority, the Kettle Creek Conservation Authority
or the Long Point Region Conservation Authority.
2.43
CONTRACTOR'S YARD OR SHOP
shall mean the use of land, buildings or structures or combination thereof for use by any building
trade or other construction or service contractor for the purpose of:
a)
storing equipment, vehicles, or materials and may include construction and heavy
equipment and commercial motor vehicles but not including derelict motor vehicles; or
b)
performing shop work or assembly; or
c)
the base of operations for persons who are employed by or associated with the business,
including the assembly or rally of such persons for transportation to a work site off the
premises.
2.44
COUNTY
shall mean The Corporation of the County of Elgin.
2.45
CUSTOM WORKSHOP
shall mean a building, or portion thereof, where goods are produced to special order and sold
on the premises, but shall not include a building or structure where the manufacture of goods
is performed on a mass production or assembly line basis.
2.46
DAY CARE FACILITY
shall mean a premises that receives more than five persons who are not of common parentage,
primarily for the purpose of providing temporary care or guidance, or both temporary care and
guidance, for a continuous period not exceeding twenty-four hours. Care may be provided for
children, seniors and/or persons with disabilities.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
11
2.47
DEAD STOCK DEPOT/TRANSFER STATION
shall mean the use of land, buildings or structures for the purposes of the collection, storage and
disposal of dead farm animals in accordance with the Dead Animal Disposal Act and regulations
thereto.
2.48
DECK
shall mean a structure made of wood, concrete or other material projecting from a building or
freestanding, open to the sky, and intended for the purpose of outdoor dining, lounging and other
similar accessory uses.
2.49
DOG POUND
shall mean the use of land, buildings or structures or combination thereof, for the purpose of
impounding dogs pursuant to a by-law of the Township, and where such dogs are kept for a
minimum redemption period as defined in the Animals for Research Act.
2.50
DOMESTICATED ANIMAL
shall mean a household animal kept for a person's enjoyment and, without limiting the generality
of the foregoing, may include dogs, cats, rodents such as gerbils, hamsters, fancy rats, and
guinea pigs; avian pets, such as canaries, parakeets, pigeons and parrots; reptile pets such as
turtles, lizards and snakes; and aquatic pets such as tropical fish, salamanders and frogs but
shall exclude exotic animals and livestock as defined herein.
2.51
DRIVEWAY
shall mean a private passageway for a motor vehicle, having at least one end thereof connected
to a road, and providing the principal means of vehicular access to a lot.
2.52
DRY CLEANING ESTABLISHMENT
shall mean a building erected, used or intended for dry cleaning, dry dyeing, cleaning or pressing
of articles or goods of fabric is carried on and in which only non-flammable solvents are used
which emit no odours or fumes, and in which no noise or vibration causes a nuisance within or
outside the premises.
2.53
DWELLING
shall mean a building, occupied or capable of being occupied exclusively as a home, residence
or sleeping place by one or more persons and shall include a factory-built modular dwelling
designed and constructed in accordance with the specifications of the Canadian Standards
Association CAN/CSA-A277 but shall not include living quarters for a caretaker, watchman, or
other person or persons which are accessory to a non-residential building or structure.
2.54
DWELLING UNIT
shall mean one or more habitable rooms occupied or capable of being occupied by a person or
household as an independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the use of such person or household, with a private
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
12
and secure entrance from outside the building or from a common hallway or stairway inside the
building in which the dwelling unit is located.
2.55
DWELLING UNIT, SECOND
shall mean a self-contained space or enclosure within a single unit dwelling or within an
accessory building erected, used or intended for habitation by a person or household and which
contains at least one (1) room, a kitchen and lavatory facilities designated for the use of its
occupants.
2.56
DWELLING, APARTMENT
shall mean a dwelling, consisting of four (4) or more dwelling units which units have a common
entrance from the street level and the occupants of which have the right to use, in common, halls
and/or stairs and/or elevators and yards.
2.57
DWELLING, CONVERTED
shall mean a dwelling originally designed as a single unit detached dwelling which because of
its size or design is or is capable of being converted by partition and the addition of sanitary
facilities and cooking facilities into more than one (1) dwelling unit.
2.58
DWELLING, DOUBLE DUPLEX
shall mean a dwelling that is divided horizontally into four (4) dwelling units each of which has
an independent entrance either directly or through a common vestibule.
2.59
DWELLING, DUPLEX
shall mean a dwelling that is divided horizontally into two (2) dwelling units each of which has
an independent entrance either directly or through a common vestibule.
2.60
DWELLING, SEASONAL FARM
shall mean a dwelling designed and intended for the housing of seasonal farm labour, and their
families, who are employees of the owner or operator of a farm and may include a mobile home,
bunkhouse or similar dwelling.
2.61
DWELLING, SEMI-DETACHED
shall mean a dwelling that is divided vertically above grade into two (2) dwelling units, each of
which has an independent entrance either directly or through a common vestibule.
2.62
DWELLING, SINGLE UNIT
shall mean a completely detached dwelling used or intended for occupancy by not more than
one (1) household living independently.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
13
2.63
DWELLING, TOWNHOUSE
shall mean a dwelling that is divided vertically into three (3) or more dwelling units, each of which
has independent entrances, to a front and rear yard immediately abutting the front and rear walls
of each dwelling unit.
2.64
DWELLING, TRIPLEX
shall mean a dwelling that is divided horizontally and/or vertically into three (3) separate dwelling
units each of which has an independent entrance either directly from the outside or through a
common entrance but excludes a converted dwelling.
2.65
EFFECTIVE DATE
shall mean the date that this By-law shall be deemed to come into full force and effect pursuant
to the provisions of the Planning Act.
2.66
ERECT
shall mean to build, construct, reconstruct, alter or relocate and, without limiting the generality
of the foregoing, shall include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
2.67
ESTABLISHED BUILDING LINE
shall mean the average distance from the street line of existing buildings on one side of one
block where more than one-half of the lots having street access upon the said side or the block
have been built upon.
2.68
EXISTING
shall mean existing as of the date of the passing of this By-law.
2.69
EXOTIC ANIMALS
shall mean wild and/or non-domesticated animals regardless of whether they are raised or kept
in captivity and, without limiting the generality of the foregoing, may include bears, wolfs, lions,
tigers, bobcats, cougars, raccoons, crocodiles, venomous snakes, constricting snakes,
venomous lizards or venomous spiders but shall exclude domesticated animals and livestock as
defined herein.
2.70
FACTORY OUTLET
shall mean a building accessory to an industrial use wherein products manufactured, produced,
processed or stored on the premises are kept or displayed for wholesale or retail sale, or wherein
orders are taken for the delivery of such products.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
14
2.71
FARM OR IRRIGATION POND
shall mean a body of water located outdoors, contained by natural or artificial means and
designed, used or intended for agricultural purposes including irrigation and watering for
livestock but not for recreational purposes.
2.72
FARM EQUIPMENT SALES & SERVICE
shall mean the use of land, buildings or structures or combination thereof where farm vehicles
and equipment are stored for the purpose of sale, lease, or hire and where such vehicles and
equipment are repaired or serviced for purposes of being maintained in an operable condition.
2.73
FARM FUEL SALES
shall mean the use of land, buildings or structures or combination thereof where fuel specifically
intended for use in farm vehicles and equipment is stored in bulk for the purpose of dispensing
and sale, and may include the storage and sale of gasoline, diesel fuel, propane, natural gas
and lubricants.
2.74
FARM MARKET
shall mean the use of lands, buildings or structures where fruit, vegetables and meats produced
by the local farm community and accessory to an agricultural use are offered for sale to the
general public, and may include areas for dry storage, cold storage and office space accessory
to the farm market use.
2.75
FARM PRODUCE OUTLET
shall mean a use which is permitted on a seasonal basis, and is accessory to a permitted farm,
which consists of the retail sale of agricultural products produced in the area which such outlet
is located, and which does not include any permanent buildings or structures.
2.76
FEED MILL
shall mean a building erected, used or intended for use for the preparation, processing,
preserving, grading or storing of agricultural products for eventual consumption by livestock or
domestic pets, and may include the retail and wholesale sale of such products.
2.77
FIRST STOREY
shall mean the storey that has its floor closest to grade and its ceiling more than 1.8 m above
grade.
2.78
FITNESS CENTRE
shall mean a building erected, used or intended for facilities, machines and equipment made
available to the public or to members, for a fee, for the purposes of physical training and
improving physical health and fitness.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
15
2.79
FLEA MARKET
shall mean the use of lands, buildings or structures or combination thereof where stalls or areas
are partitioned off and rented or otherwise provided for the selling of articles, goods or things
that are either homemade, homegrown, handcrafted, old, obsolete, antique or used and may
include the selling of food prepared and intended for consumption on the premises.
2.80
FLOOR AREA
shall mean the sum of the areas of all floors of a building measured from the outside of all exterior
walls exclusive of any attic, basement, garage, verandah, porch or sunroom unless such
enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and
excluding any floor area with a floor to ceiling height of less than two (2.0) metres.
2.81
FLOOR AREA, NET
shall mean that portion of the floor area of a building which is used exclusively for a non-
residential use defined or specifically permitted herein but excluding:
a)
any part of such building used for any other non-residential use defined herein or
specifically permitted elsewhere in this By-law;
b)
any part of such building used as a dwelling unit, a public concourse or a common hallway
or stairway not used exclusively by the said non-residential use;
c)
any part of such building used solely for the storage of electrical equipment or of equipment
to heat, cool or otherwise control the environment of such building or a portion thereof; or
d)
the thickness of any exterior walls of such building.
2.82
FOOD PROCESSING PLANT
shall mean a building in which agricultural products are prepared, processed, preserved, graded
or stored for eventual human consumption.
2.83
FORESTRY USE
shall mean the raising and harvesting of wood and, without limiting the generality of the
foregoing, shall include the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees
and other forest products.
2.84
FRUIT AND VEGETABLE STAND
shall mean a structure designed, used and intended for the purpose of the sale of agricultural
products and readily portable and open to the air on at least one side, accessory to an
agricultural use.
2.85
FUNERAL HOME
shall mean a building erected, used or intended for the preparation of corpses by a licensed
undertaker for interment and includes facilities for accommodating the public.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
16
2.86
GARAGE, PRIVATE
shall mean a building or structure, erected, used or intended for the storage of a motor vehicle
and the storage of household equipment incidental to residential occupancy, wherein no service
for profit is rendered; and where such building or structure is within two (2.0) metres of the main
building, it shall be deemed to be attached to or part of the main building and not an accessory
building.
2.87
GARDEN CENTRE
shall mean the use of land, buildings or structures or combination thereof for the purpose of
selling trees, shrubs and plants, lawn and garden equipment, furnishings and supplies.
2.88
GAS BAR
shall mean the use of land, buildings or structures or combination thereof for the sale of gasoline,
propane, oil and allied products for motor vehicles and the introduction of such liquids into motor
vehicles and may include the sale of small items required for the operation of motor vehicles,
but does not include provisions for motor vehicle repairs, oil changes, lubrications, or similar
mechanical services.
2.89
GOLF COURSE
shall mean the use of land for the purpose of playing golf and buildings and structures accessory
thereto and without limiting the generality of the foregoing, includes a driving range, a miniature
golf course or combination thereof.
2.90
GRADE
shall mean the average elevation of proposed or finished ground adjoining or adjacent to all
exterior walls of a building.
2.91
GRAIN HANDLING FACILITY
shall mean the use of land, buildings or structures or combination thereof for the commercial
drying, cleaning, handling or storing of crops.
2.92
GROUP HOME
shall mean a dwelling in which a minimum of three (3) and a maximum of five (5) persons,
excluding staff or the receiving household, live under responsible supervision consistent with
their needs and licensed or approved under the laws of the Province of Ontario or the
Government of Canada or otherwise under the jurisdiction of the Ontario Ministry of Community
and Social Services and, without limiting the generality of the foregoing, may include satellite
residences for seniors and accommodation for persons with developmental disabilities.
2.93
HALF STOREY
shall mean the portion of a building located wholly or partly within a sloping roof, having side
walls not less than one (1.0) metre in height, and a ceiling with a minimum height of two (2.0)
metres over an area equal to at least fifty (50) percent of the area of the floor next below.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
17
2.94
HALFWAY HOUSE
shall mean a dwelling in which a maximum of five (5) persons, excluding staff or the receiving
household, live under responsible supervision consistent with their needs and licensed or
approved under the laws of the Province of Ontario or the Government of Canada for psychiatric
patients who are transitionally or permanently discharged from a psychiatric hospital; persons
who have been placed on probation under the provisions of the Probation Act, the Criminal Code
of Canada, the Young Offenders Act, or who have been released on parole under the provisions
of the Ministry of Correctional Services Act or the Parole Board of Canada or persons who have
been charged under the Young Offenders Act but who have been placed in open or secure
custody.
2.95
HAZARD LAND
shall mean land that is subject to flooding or land with steep slopes, or that is rocky, low-lying,
marshy, unstable, hazardous, subject to erosion or to natural or artificial perils, and includes
lands lying below the regulatory floodline and hazardous lands as defined by the Provincial
Policy Statement, 2014.
2.96
HEIGHT
shall mean, when used with reference to a building or structure, the vertical distance between
the horizontal plane through grade and a horizontal plane through:
a)
the highest point of the roof assembly in the case of a building with a flat roof, a deck roof
or a domed roof;
b)
the average level of a sloped roof, between ridges and the eaves, provided that such roof
having a slope of less than twenty (20) degrees with the horizontal shall be considered a
flat roof;
c)
in a multi-peaked sloped roof, the average level between the ridge of the highest peak and
the eaves;
d)
the average level between eaves and ridges in the case of a roof type not covered in
subsections a), b) or c).
2.97
HEREIN
shall mean within this By-law.
2.98
HOME OCCUPATION
shall mean an occupation, accessory to a residential use, for gain or support and owned,
managed and conducted by persons residing on the lot on which the home occupation is
conducted along with those persons whom reside elsewhere as may be specified herein. Where
a home occupation is permitted within a dwelling, such uses may include the offices, workrooms
or consulting rooms of a business profession, trade, craft or hobby but such uses do not include
or permit group instruction or a retail store with the exception of the sale of arts, crafts and other
handmade articles or things. Where a home occupation is permitted within an accessory
building, such uses may also include a carpentry shop, a welding shop, a machine shop, a
service shop or a contractor's yard or shop.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
18
2.99
HOTEL
shall mean a building, erected, used or intended for the purposes of catering, for gain or profit,
to the needs of the public by supplying food and furnishing sleeping accommodation consisting
of not less than six (6) guest rooms and may include a tavern.
2.100 HOUSEHOLD
shall mean a single and independent housekeeping unit occupying and using only one dwelling
unit.
2.101 INDUSTRIAL MALL
shall mean a building or group of buildings erected, used or intended for use which are held in
single ownership or by members in a condominium corporation or cooperative, and divided into
units for separate and independent occupancy by industrial uses for which common loading and
parking facilities and other common services may or may not be provided.
2.102 INDUSTRIAL USE
shall mean the use of land, buildings or structures or combination thereof for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating,
altering, repairing, distributing, warehousing, storing or adapting for sale any goods, substance,
article or thing, including the storage of building and construction equipment and materials.
2.103 INSTITUTIONAL USE
shall mean the use of land, buildings or structures or combination thereof for public or social
purposes but not for the purpose of gain or profit and may include governmental, religious,
educational, charitable, philanthropic or other similar but non-commercial uses.
2.104 LANDING STRIP
shall mean the use of land, accessory to an agricultural or residential use, for the purpose of
those residing thereon for the landing and taking off of non-commercial aircraft and may include
buildings and structures accessory thereto.
2.105 LANDSCAPED OPEN SPACE
shall mean the use of land for the growth and maintenance of grass, flowers, shrubbery and
other landscaping materials, both natural and artificial, accessory to a building or structure, and
includes any surfaced walk, patio, or similar area, but does not include any access driveway or
ramp, parking lot, deck or any open space beneath or land within any building or structure.
2.106 LAUNDRY ESTABLISHMENT
shall mean a building erected, used or intended for the drying, ironing and finishing of laundered
goods and where no odours, fumes, noise or vibration which create a nuisance outside the
business are emitted and may include a self-service, coin operated laundromat.
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2.107 LIBRARY
shall mean a library, branch library, bookmobile, or distributing station operating under the Public
Libraries Act.
2.108 LIGHT ASSEMBLY AND FABRICATION
shall mean the use of land, buildings, or structures for the manufacturing, assembling, or
processing of component parts to produce finished products suitable for retail, wholesale or
service trade, and including repairing, servicing, distributing, warehousing, storing or adapting
for sale any good, substance, article or thing but excluding any uses which emit any noise or
noxious smell that can be detected outside of the building or on land adjacent to the lands
occupied by the light assembly and fabrication use.
2.109 LIVESTOCK
shall mean farm animals kept for use, for propagation or intended for profit or gain and without
limiting the generality of the foregoing include beef cattle, birds, dairy cattle, deer and elk, fur-
bearing animals, game animals, goats, horses, poultry, ratites, sheep, swine and other animals
identified by the Ministry of Agriculture, Food and Rural Affairs as constituting livestock but shall
exclude domesticated animals and exotic animals as defined herein.
2.110 LIVESTOCK MARKETING YARD
shall mean the use of land, buildings or structures or combination thereof for the temporary
confinement of livestock for the purpose of sale, auction and distribution.
2.111 LOT
shall mean a parcel or tract of land which is
a)
the whole of a lot on a registered plan of subdivision, so long as such registered plan or
portion thereof is not deemed, pursuant to the Planning Act, not to be a registered plan of
subdivision; or,
b)
all of the land held or owned under distinct and separate ownership from the ownership of
the fee or equity of redemption in abutting land, or
c)
a unit in a registered plan of condominium.
2.112 LOT, CORNER
shall mean a lot situated at the intersection of and abutting upon two (2) roads which intersect
at an angle of not more than one hundred and thirty-five (135) degrees.
2.113 LOT, INTERIOR
shall mean a lot other than a corner lot.
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2.114 LOT, THROUGH
shall mean a lot bounded on two opposite sides by roads; provided, however, that if any lot
qualifies as being both a corner lot and a through lot, such lot shall be conclusively deemed to
be a corner lot.
2.115 LOT AREA
shall mean the total horizontal area within the lot lines of a lot, except in the case of a corner lot
having street lines rounding at the corner, where the lot area of such lot shall be calculated as if
the lot lines were projected to the intersection.
2.116 LOT COVERAGE
shall mean that percentage of the area of a lot covered by the perpendicular projection onto a
horizontal plane of all buildings and roofed or otherwise covered structures but excluding arbors,
pergolas, trellises and similar structures and balconies, canopies and overhanging eaves which
are two (2.0) metres or more in height above finished grade.
2.117 LOT FRONTAGE
shall mean the horizontal distance between the side lot lines of a lot measured at right angles.
Where such side lot lines are not parallel, the lot frontage shall be measured perpendicularly to
the line joining the mid-point of the front and the centre of the rear lot line at a point six (6.0)
metres back from the front line, and where such side lot lines meet, lot frontage shall be
measured perpendicularly to the line joining the apex of the triangle formed by the side lot lines
and a point six (6.0) metres back from the front lot line.
2.118 LOT DEPTH
shall mean the horizontal distance between the front and rear lot lines. Where these lines are
not parallel, the lot depth shall mean the length of a straight line joining the mid-points of the
front lot line and the rear lot lines. Where there is no rear lot line, lot depth shall mean the length
of a straight line joining the middle of the front lot line with the apex of the triangle formed by the
side lot lines.
2.119 LOT LINES
shall mean the boundary lines of a lot defined as follows:
a)
Front Lot Line, shall mean, except in the case of a corner lot, the line dividing the lot from
the street. In the case of a corner lot, the shorter boundary line abutting the street shall be
deemed the front lot line and the longer boundary line abutting the street shall be deemed
to be the side lot line. In case each of such lot lines should be of equal length, the front lot
line shall be deemed to be the front lot line as established in the block by prior construction.
In the case of a through lot, the shorter boundary dividing the lot from the street shall be
deemed the front lot line and the opposite longer boundary shall be deemed the rear lot
line. In case each of such lot lines should be of equal length, the front lot line shall be
deemed to be the front lot line as established in the block by prior construction.
b)
Rear Lot Line, shall mean the lot line of a lot having four (4) or more lot lines which is
farthest from or opposite to the front lot line.
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c)
Side Lot Line, shall mean a lot line other than a front or rear lot line. In the case of a corner
lot, the side lot line dividing the lot from the street shall be deemed to be the exterior side
lot line and the other side lot line shall be deemed to be the interior side lot line.
2.120 MACHINE SHOP
shall mean a building erected, used, or intended for the servicing or repair of equipment and
machinery and/or small engines.
2.121 MAIN BUILDING
shall mean the building erected, used or intended for the permitted and principle use of the lot
or part thereof.
2.122 MAIN WALL
shall mean the exterior front, side or rear wall of a building, and all structural members essential
to the support of a fully enclosed space or roof.
2.123 MARINA
shall mean the use of land, buildings or structures or combination thereof for the storage and
rental of boats, and/or where boats, boat motors or boat accessories are sold, repaired or
refueled, and may include buildings and structures for the sale of boating accessories, supplies
and/or refreshments.
2.124 MARKET GARDEN
shall mean the use of land, buildings or structures or combination thereof for the purpose of
buying and selling fruits and vegetables.
2.125 MICRO BREWERY
shall mean a building or structure erected, used or intended for the making of beer and/or wine
and offered for retail sale for consumption off the premises.
2.126 MINIMUM DISTANCE SEPARATION (MDS I AND MDS II)
shall mean formulae used for the purposes of determining, in the case of MDS I, the minimum
distance required for non-agricultural uses establishing or expanding in proximity to livestock
facilities located on a separate lot, and in the case of MDS II, the minimum distance required for
establishing or expanding livestock facilities in proximity to non-agricultural uses located on a
separate lot.
2.127 MINI-STORAGE WAREHOUSE
shall mean a building containing individual storage units accessible by the user and used for the
storage of goods, wares, merchandise, non-perishable foodstuffs, substances, articles or things
but shall not include the storage of fuels, solvents, paints or other inflammable substances.
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2.128 MOBILE FOOD OUTLET
shall mean a self-propelled motor vehicle or a unit towed by a motor vehicle, from which food
and refreshments are made available to the general public for a fee.
2.129 MOBILE HOME
shall mean a building designed and constructed in accordance with the specifications of the
Canadian Standards Association CAN/CSA-Z240 for occupancy as a dwelling; transported or
designed to be transported on its own or in one (1) or more separate sections or modules each
on its own wheels, on a flatbed or by other means and joined together to form one (1) dwelling
unit and its running gear comprising the hitch and wheel assembly, if any, removed and placed
on a totally enclosed concrete foundation which extends below the frost line and which is
constructed in accordance with the Ontario Building Code or equivalent.
2.130 MOBILE HOME PARK
shall mean the use of land for the placement of mobile homes on leased sites.
2.131 MOTEL
shall mean a building, or two (2) or more detached buildings erected, used or intended for the
purpose of catering, for gain or profit, to the needs of the travelling public by furnishing sleeping
accommodation with or without supplying food.
2.132 MOTOR HOME
shall mean a motor vehicle chassis designed to provide temporary living quarters for recreation,
camping and travel purposes.
2.133 MOTOR VEHICLE
shall mean a wheeled self-propelling device for the transportation of passengers and goods and
without limiting the generality of the foregoing, includes automobiles, trucks, buses, ambulances,
hearses, motor homes and tractors.
2.134 MOTOR VEHICLE BODY SHOP
shall mean the use of land, buildings or structures or combination thereof for the repair of
damage to a motor vehicle caused by collision, accident, corrosion or age, and, without limiting
the generality of the foregoing, includes the reconstruction of motor vehicles, the painting or
repainting of motor vehicles and the rebuilding or conversion of automotive engines or engine
parts, but shall not include a motor vehicle sales establishment, motor vehicle service
establishment, impounding yard or a gas bar.
2.135 MOTOR VEHICLE REPAIR GARAGE
shall mean the use of land, buildings or structures or combination thereof for the repair or
replacement of parts in a motor vehicle and, without limiting the generality of the foregoing,
includes the repair, replacement or reconditioning of mufflers, exhaust systems, shock
absorbers, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators,
heating or cooling systems, ignition systems, tires, wheels, windshields, windows and other
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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mechanical or electrical parts or systems, the installation of undercoating, engine tuning,
lubrication and engine conversion or replacement and includes the sale of automobiles ancillary
to motor vehicle repair garage functions, but does not include a motor vehicle body shop, a
motor vehicle service establishment or a gas bar.
2.136 MOTOR VEHICLE SALES ESTABLISHMENT
shall mean the use of land, buildings or structures or combination thereof where motor vehicles
are kept for sale and where motor vehicles may be oiled, greased and where repairs essential
to the operation of motor vehicles are performed.
2.137 MOTOR VEHICLE SERVICE ESTABLISHMENT
shall mean the use of land, buildings or structures or combination thereof for the sale of gasoline,
propane, oil, grease, antifreeze, tires, batteries and other accessories for motor vehicles where
motor vehicles may be oiled, greased or cleaned, or have their ignition adjusted, tires inflated or
batteries charged or where only minor or running repairs essential to the operation of motor
vehicles are performed.
2.138 MUNICIPAL DRAIN
shall mean a drainage works as defined by the Drainage Act.
2.139 MUNICIPALITY
shall mean the Corporation of the Township of Malahide.
2.140 MUSEUM
shall mean a building erected, used or intended for use as a repository for historical artifacts,
relics or documents which may be periodically placed on display for public viewing.
2.141 MUSHROOM FARM
shall mean the use of land for the purpose of growing mushrooms for gain or profit.
2.142 NORMAL FARM PRACTICE
shall mean a practice that is conducted by a farm business in a manner consistent with
(a) proper and accepted customs and standards as established and followed by similar farm
businesses under similar circumstances, and
(b) any standards prescribed by the Province of Ontario,
and includes a practice that makes use of innovative technology in a manner consistent with
proper advanced farm management practices and with any standards prescribed by the
Province of Ontario.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
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2.143 NON-AGRICULTURAL
shall mean a use, building or structure which is used, intended or designed for purposes other
than those of an agricultural use.
2.144 NON-COMPLYING
shall mean a building or structure which is not in compliance with the regulations herein but does
not include a non-conforming use, building or structure.
2.145 NON-CONFORMING
shall mean a use, building or structure which is not a use, building or structure permitted in the
zone in which the said use, building or structure is situated.
2.146 OCCUPANCY
shall mean to reside in as owner or tenant on a permanent or temporary basis.
2.147 OUTDOOR AMENITY AREA
shall mean contiguous landscaped space accessible to a dwelling or dwelling unit and situated
on the same lot therewith, designed, used or intended to be used for the passive enjoyment and
recreational needs of the occupants.
2.148 OUTDOOR FURNACE
shall mean an outdoor appliance designed, used or intended for burning solid fuel for the
purpose of the heating of buildings but shall not include a heating device used in the operation
of a sugar bush or the production of maple syrup.
2.149 OUTSIDE STORAGE
shall mean the storage of goods, materials or equipment in the open air on a lot or portion
thereof.
2.150 PAINTBALL PARK
shall mean the use of lands for the purposes of organized outdoor recreational activity in which
the participants engage in interactive play using low speed paint ball guns firing or capable of
firing non-hazardous, environmentally friendly propellant, protective gear and other equipment
as may be necessary or required, where members of opposing teams attempt to secure a
common flag, or variations thereof.
2.151 PARKING LOT
shall mean an area, whether or not enclosed, exclusive of aisles, entrances and exit lanes,
accessible to an aisle, street or road and designed, used or intended for the purposes of the
temporary parking of motor vehicles.
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2.152 PARKING SPACE
shall mean a space, whether or not enclosed, having a minimum width and a minimum length
as prescribed herein, exclusive of aisles, entrance and exit lanes, accessible to a street or road
and designed, used or intended for the purpose of the temporary parking or storage of a motor
vehicle.
2.153 PARKING SPACE, ACCESSIBLE
shall mean a parking space designed, used or intended for the purpose of the temporary parking
or storage of a motor vehicle by persons who require or use wheelchairs, canes, crutches,
walkers or other mobility assistance devices and who may require additional aisle space to
accommodate a lift or ramp.
a) Type A Parking Space shall mean an accessible parking space intended to accommodate a
motor vehicle equipped with a mechanical lift and/or wheelchair ramp, and which
incorporates a delineated space adjacent to the motor vehicle for the deployment of the lift
and/or ramp.
b) Type B Parking Space shall mean an accessible parking space intended to accommodate a
motor vehicle which does not require additional space to accommodate a lift and/or ramp.
2.154 PARK MODEL
shall mean a dwelling, designed and constructed in accordance with the specifications of the
Canadian Standards Association CAN/CSA - Z241 for occupancy as a dwelling.
2.155 PARK, PRIVATE
shall mean a park other than a public park, regardless of whether or not such park is maintained
or operated for gain or profit, but excludes an amusement park.
2.156 PARK, PUBLIC
shall mean lands owned and maintained by a public authority for the enjoyment, health and well-
being of the public and normally open to the public and may include a conservation area.
2.157 PERMITTED
shall mean permitted by this By-law.
2.158 PERSON
shall include an individual, an association, a firm, a partnership, an incorporated company,
municipal corporation, agent or trustee and their heirs, executors, or other legal representatives
of a person to whom or which the context of this By-law may apply according to law.
2.159 PERSONAL CARE ESTABLISHMENT
shall mean a building wherein a service is performed directly to an individual and includes,
without limiting the generality of the foregoing, a barber shop, a beauty salon, a tanning salon
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and the premises of a manicurist, beautician, chiropractor, massage therapist and similar
personal care services but excludes a clinic.
2.160 PERSONAL SERVICE ESTABLISHMENT
shall mean a building wherein a service is provided for the alteration, care, making of and repair
of wearing apparel and includes, without limiting the generality of the foregoing, a shoe repair
shop, and a tailor or dressmaking shop.
2.161 PIT OR QUARRY
shall mean any opening or excavation of or in the ground pursuant to a license issued under the
Aggregate Resources Act for the purposes of removing soil, rock, sand, gravel, earth, clay, muck
or limestone or any combination thereof and may include the processing thereof such as
screening, sorting, washing, crushing, stockpiling and other similar operations; the importation
of asphalt and concrete for recycling /resale purposes and site rehabilitation.
2.162 PIT OR QUARRY, WAYSIDE
shall mean a pit or quarry opened and used by a public road authority, its agents or contractors,
in accordance with a permit issued under the Aggregate Resources Act, solely for the purpose
of a particular project or road construction contract.
2.163 PLACE OF ENTERTAINMENT OR AMUSEMENT
shall mean a building erected, used or intended for use as a bowling alley, billiard or pool room,
amusement arcade, internet café or any combination thereof.
2.164 PLACE OF WORSHIP
shall mean a building erected, used or intended for religious worship and may include a church
hall, church auditorium, parish hall, church day nursery, mosque or synagogue.
2.165 PLANT NURSERY
shall mean the use of land, buildings or structures where trees, shrubs or plants are grown for
the purpose of buying and selling of such products, and which may include a garden centre as
a commercial accessory use.
2.166 PORCH
shall mean a roofed, open gallery or portico attached to the exterior of a building.
2.167 PROPANE TRANSFER FACILITY
shall mean the use of land where propane is stored for the purpose of dispensing and sale, and
may include such facilities which are accessory to a campground or trailer park.
2.168 PUBLIC AUTHORITY
shall mean the:
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CONSOLIDATED VERSION - January, 2023
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a)
Township of Malahide,
b)
County of Elgin,
c)
Government of Canada,
d)
Province of Ontario,
e)
Catfish Creek Conservation Authority,
f)
Kettle Creek Conservation Authority,
g)
Long Point Region Conservation Authority
and any other agency, board, commission, committee or other body established or exercising
any power or authority under any general or special statute of Ontario or the Government of
Canada with respect to any of the affairs or purposes of the Township or a portion thereof, and
includes any committee or local authority established by by-law of the Township.
2.169 RECREATIONAL FACILITIES
shall mean a building designed and intended to accommodate one or more leisure or sporting
activities and shall include an arena, aquatic centre, tennis, squash and racquetball courts,
dance studios and fitness centres.
2.170 REGULATORY FLOODLINE
shall mean the limits of the floodplain established from time to time by the conservation authority
having jurisdiction.
2.171 REQUIRED
shall mean required by this By-law.
2.172 RESIDENTIAL USE
shall mean the use of a lot, a building or structure as a dwelling.
2.173 RESTAURANT
shall mean a building erected, used or intended for the serving of food or refreshments to the
public where the serving and consumption of food or refreshments takes place entirely within
such building or at outside tables immediately adjacent to such building and may include a dining
lounge licensed under the Liquor License Act.
2.174 RESTAURANT, TAKE-OUT
shall mean a building, erected, used or intended for the serving of food or refreshments to the
public where the servicing and consumption of food or refreshments takes place entirely off the
premises.
2.175 RESTAURANT, DRIVE-THROUGH
shall mean a building, erected, used or intended for the sale of food or refreshments to the
general public, and where such food or refreshment may be made available to a person while in
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his motor vehicle or while within the building, and where provision may be made for the
consumption of such food or refreshment by the person while in his motor vehicle, within the
building or elsewhere on a lot.
2.176 RETAIL STORE
shall mean a building, erected, used or intended for the selling or buying of goods, wares,
merchandise, articles, or things at retail and/or the providing of a service, primarily to or from the
public.
2.177 RETAIL STORE, CONVENIENCE
shall mean a retail store supplying groceries and other daily household necessities to an
immediate surrounding residential area.
2.178 RETAIL STORE, GENERAL
shall mean a retail store within which is conducted the selling of groceries, cigarettes, tobacco,
confectionery goods, sundry items and other general merchandise, and may include part of a
motor vehicle service establishment or gas bar.
2.179 RETIREMENT HOME
shall mean a building in which the proprietor supplies lodging and provides nursing, medical and
similar care and treatment, if required and includes any retirement home as defined by the
Retirement Homes Act, 2010.
2.180 RIDING SCHOOL
shall mean the use of land, buildings, or structures or combination thereof for the purpose of
riding, training, showing, and boarding of horses and where persons are given instructions in the
riding of horses and other aspects of horsemanship.
2.181 ROAD
shall mean an open common and public road, lane, highway or commons vested in the
Township, the County, the Province of Ontario or any other public authority having jurisdiction
over the same, and includes a bridge or any other structure forming part of a road on, over, or
across which a road passes, and a road constituting a common element in a registered plan of
condominium, but does not include an unopened road allowance.
2.182 ROAD, ARTERIAL
shall mean a road, under the jurisdiction of the County, constructed and maintained to
accommodate high volumes of vehicular traffic over long distances, where maintaining traffic
flow is given priority over access to abutting properties.
2.183 ROAD, COLLECTOR
shall mean a road, under the jurisdiction of the County, constructed and maintained to provide
linkages between arterial roads and local roads where maintaining traffic flow and access to
abutting properties are given equal priority.
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2.184 ROAD, LOCAL
shall mean a road, under the jurisdiction of the Township, constructed and maintained to
accommodate low volumes of vehicular traffic and provide linkages to arterial roads and to
collector roads where access to abutting properties is given priority over maintaining traffic flow.
2.185 ROAD, PRIVATE
shall mean an improved highway, street or road which affords the principal means of vehicular
access to a lot and which is not under the jurisdiction of the Township, the County or the
Province.
2.186 SALVAGE YARD
shall mean the use of land, buildings or structures or combination thereof, where motor vehicles,
merchandise, articles, goods or things are stored for the purpose of salvage, kept for sale and/or
processed and/or re-cycled for further use and, without limiting the generality of the foregoing,
may include a junk yard, a scrap metal yard, and a motor vehicle wrecking yard.
2.187 SATELLITE DISH
shall mean a parabolic or spherical antenna used for the purposes of receiving television or
microwave transmissions or other signals from orbiting satellites or other similar devices.
2.188 SAWMILL
shall mean the use of land, buildings or structures for the sawing, planing, sanding and finishing
of wood and wood products and may include the sale of wood and wood products.
2.189 SCHOOL, PRIVATE
shall mean a school, other than a public school or commercial school, recognized as a private
school under the Education Act and under the jurisdiction of a board of trustees or governors
and may include a boarding school.
2.190 SCHOOL, PUBLIC
shall mean a school operated by and under the jurisdiction of a public authority.
2.191 SECONDARY FARM OCCUPATION
shall mean an agriculturally-related occupation conducted on a lot, where the main use of the
lot is for agricultural purposes, within an accessory building by persons residing in a dwelling
situated on the said lot along with those persons who reside elsewhere as may be specified
herein.
2.192 SERVICE SHOP
shall mean a building where appliances and household machinery are sold, serviced, or repaired
and includes the business premises of a tradesman such as a carpenter, an electrician, a
plumber and similar trades but excludes any manufacturing, processing or wholesaling.
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2.193 SETBACK
shall mean the horizontal distance from the centre line of the street allowance, measured at right
angles to such centre line, to the nearest part of any building or structure on a lot.
2.194 SETTLEMENT AREA
shall mean areas identified in the Township's Official Plan as settlement areas namely the
Village of Springfield, the Village of Port Bruce and the Hamlets of Avon, Calton, Copenhagen,
Kingsmill Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners as
delineated on Schedule "B" through Schedule "O" inclusive to this By-law.
2.195 SEWAGE TREATMENT PLANT
shall mean the use of land, buildings or structures or combination thereof for the collection and
treatment of sanitary sewage, in accordance with a 'Certificate of Approval' issued by the
Ministry of the Environment, Conservation and Parks.
2.196 SHIPPING CONTAINER
shall mean a container designed and constructed in accordance with the International
Organization for Standardization (ISO) or similar organization intended for and used in the
transportation and shipping industry which may be used for the storage of goods, wares,
merchandise, substances, articles or things accessory to an agricultural, commercial or
industrial use.
2.197 SHOPPING CENTRE
shall mean a building or group of buildings designed, erected and managed as a unit and which
building or buildings are designed to function as a unit accommodating a minimum of five (5)
separate and independent commercial uses.
2.198 SIGN
shall mean a name, identification, description, device, display or illustration which is affixed to,
or represented directly or indirectly upon a building, structure or lot and which directs attention
to an object, product, place, activity, person, institution, organization or business.
2.199 STORAGE CONTAINER
shall mean a pre-fabricated, heavy gauge steel, fully assembled structure intended for the
storage of goods, wares, merchandise, substances, articles or things accessory to an
agricultural, commercial or industrial use.
2.200 STOREY
shall mean the portion of a building:
a)
that is situated between the top of any floor and the top of the floor next above it, or
b)
that is situated between the top of the floor and the ceiling above the floor, if there is no
floor above it.
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2.201 STREET
refer to the definition of ROAD.
2.202 STREET LINE
shall mean the limit of the road allowance and is the dividing line between a lot and a road.
2.203 STRUCTURE
shall mean any material, object or work erected as a unit or constructed or put together of
connected or dependent parts or elements whether located under, on, or above the surface of
the ground, and includes a car shelter and similar structures but does not include an air
conditioning unit, a boundary wall, fence, hot tub, sign or swimming pool.
2.203.1 SUPPLEMENTARY FARM HOUSING
(Amended by By-law No. 19-08 General Amendment)
shall mean a single unit dwelling or mobile home located on a farm, which due to its size and
nature of operation requires additional farm labour, and is used for the accommodation of such
persons employed as additional farm labour.
2.204 SWIMMING POOL
shall mean any in-ground swimming pool regulated under the Swimming Pool Safety Act.
2.205 TARGET RANGE
shall mean the use of land, buildings or structures or combination thereof licensed by the Chief
Firearms Officer of Ontario, for the purposes of the recreational discharge of fire arms, and may
include an indoor/outdoor rifle range, shotgun range, pistol range, trap range, skeet range, air
rifle range, air pistol range and archery range.
2.206 TAVERN
shall mean a building erected, used or intended for the sale of alcoholic beverages to the public
to be consumed on the premises and operating under the Liquor License Act.
2.207 TOP-OF-BANK
shall mean a line determined at a point where the oblique plane of the slope meets the horizontal
plane.
2.208 TRAVEL TRAILER
shall mean a portable structure, including a camping trailer, designed, used, or intended for the
living, sleeping, eating, or accommodation of persons therein for seasonal recreational activity
and constructed such that it is suitable for being attached to a motor vehicle for the purpose of
being drawn or propelled by the motor vehicle.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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2.209 TRUCK CAMPER
shall mean a portable structure designed to be loaded onto, or affixed to, the bed or chassis of
a truck, and capable of providing temporary living quarters for recreation, camping or travel use.
2.210 TRUCK TERMINAL
shall mean the use of land, buildings or structures where trucks, buses and/or transports are
stored, rented, leased, kept for hire, or parked for remuneration or from which trucks and/or
transports are dispatched as common carriers, or where goods are stored temporarily for further
shipment.
2.211 USE
shall mean, when used as a noun, the purpose for which any land, building or structure is
erected, used, or intended to be used, or for which it is occupied, used or maintained. When
used as a verb, or as in the expression "to use", shall mean anything done or permitted to be
done by the owner or occupant of any land, building or structure, directly or indirectly, or by or
through any trustee, tenant, servant, or agent, acting for or with the knowledge or consent of
such owner or occupant, for the purpose of making use of the said land, building, or structure.
2.212 UTILITY STATION
shall mean the use of land, buildings or structures or combination thereof associated with the
supply and distribution of utilities and, without limiting the generality of the foregoing, may include
a water or sewage pumping station, a water storage reservoir, an electric power transformer
station, a telephone repeater station and a micro wave tower.
2.213 WAREHOUSE
shall mean a building erected, used or intended for the storage of goods, wares, merchandise,
articles or things and may include the selling or distribution thereof at wholesale.
2.214 WASTE DISPOSAL SITE
shall mean any land, or land covered by water, licensed under the Environmental Protection Act,
upon, into, or through which, or building or structure in which, waste is deposited or processed,
and any machinery and equipment or operation required for the treatment or disposal of waste.
2.215 WATERCOURSE
shall mean a natural channel for the flow of water but does not include a drain as defined under
the Drainage Act.
2.216 WETLAND
shall mean lands that are seasonally or permanently covered by shallow water as well as lands
where the water table is close to or at the surface such that the presence of abundant water has
caused the formation of hydric soils and has favoured the dominance of either hydrophytic or
water tolerant plants, but shall not include periodically soaked or wet lands being used for
agricultural purposes which no longer exhibit wetland characteristics.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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2.217 WILDLIFE PRESERVE
shall mean lands where plants, animals and other organisms, excluding fish, survive in self-
sustained populations, and from which they derive services such as cover, protection or food.
2.218 WIND FARM
shall mean any devices and related equipment that is used, or designed to be used, for the
commercial production of electrical power where wind is the energy source, including one or
more wind turbines, vertical axis wind turbines and horizontal axis wind turbines but excluding
power poles, power lines, data lines and equipment such as transformers and switching stations
related to the transmission or distribution of power from a Wind Farm.
2.219 WINERY, ESTATE
shall mean a building or structure accessory to a vineyard and situated on the same lot therewith,
where the vineyard occupies a minimum of 2 hectares, for the production of wine including the
retail sale of wine and wine related products and hospitality facilities as accessory uses not
exceeding four hundred (400) square metres of floor area in total and where food and wine may
be prepared and served for the enjoyment of the general public.
2.220 WINERY, FARM
shall mean the use of land, buildings, structures and equipment for the making of wine from fruit
grown primarily on the premises including fermentation, storage and aging and may include
storage, display, processing, wine tasting, a tied house licensed by the Alcohol and Gaming
Commission of Ontario, and retail, administrative facilities and outdoor patio area, but shall not
include a restaurant, banquet facility, or on-site commercial kitchen.
2.221 YARD
shall mean a space, appurtenant to a building or structure, located on the same lot as the main
building or structure, and which space is open, structurally uncovered and unoccupied from the
ground to the sky except for such accessory buildings, structures or uses as are specifically
permitted by this By-law.
2.222 YARD, EXTERIOR SIDE
shall mean a side yard immediately adjoining a road.
2.223 YARD, FRONT
shall mean a yard extending across the full width of the lot between the front lot line of the lot
and the nearest main wall of any main building or structure on the lot. FRONT YARD DEPTH
shall mean the least horizontal dimension between the front lot line of the lot and the nearest
part of the main wall of any main building or structure on the lot.
2.224 YARD, INTERIOR SIDE
shall mean a side yard other than an exterior side yard.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
34
2.225 YARD, REAR
shall mean a yard extending across the full width of the lot between the rear lot line of the lot
and the nearest main wall of any main building or structure on the lot. REAR YARD DEPTH
shall mean the least horizontal dimension between the rear lot line of the lot and the nearest part
of the main wall of any main building or structure on the lot.
2.226 YARD, SIDE
shall mean a yard extending from the front yard to the rear yard and from the side lot line of the
lot to the nearest main wall of any main building or structure on the lot. SIDE YARD WIDTH shall
mean the least horizontal dimension between the side lot line of the lot and the nearest part of
the main wall of any main building or structure on the lot.
2.227 ZONE
shall mean an area delineated on a Zone Map and established and designated by this By-law
for a specific use.
2.228 ZONE MAP
shall mean a map or maps incorporated in this By-law and showing graphically the location, size
and boundaries of zones established by this By-law together with other explanatory text and
symbols.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
35
3.0
ZONES AND ZONE MAPS
3.1
ESTABLISHMENT OF ZONES
For the purpose of this By-law, the maps hereto annexed as Schedule "A", Map 1 to Map 104
inclusive; Schedule "B", Schedule "C", Schedule "D", Schedule "E", Schedule "F", Schedule "G",
Schedule "H", Schedule "I", Schedule "J", Schedule "K", Schedule "L", Schedule "M", Schedule
"N" and Schedule "O", shall be referred to as the zone maps of the Township of Malahide Zoning
By-law and the zone maps shall be divided into one or more of the following zones:
ZONE CATEGORY SYMBOL
Agricultural Zones
General Agricultural
A1
Special Agricultural
A2
Large Lot Agricultural
A3
Small Lot Agricultural
A4
Residential Zones
Rural Residential
RR
Hamlet Residential
HR
Village Residential One
VR1
Village Residential Two
VR2
Mobile Home Park
MH
Commercial Zones
General Commercial
GC
Hamlet Commercial
HC
Rural Commercial
RC
Highway Commercial
HWC
Local Commercial
LC
Industrial Zones
General Industrial
M1
Rural Industrial
M2
Farm Industrial
M3
Extractive Industrial
M4
Other Zones
Institutional
I
Open Space
OS
Public Utility
U
3.2
USE OF ZONE SYMBOLS
The symbols listed in Section 3.1 shall be used to refer to land, buildings, and structures and the
uses thereof permitted in this By-law in the said zones, and wherever in this By-law the word
"zone" is used, preceded by any of the said symbols, such zones shall mean any area within the
Township delineated on the zone maps and designated thereon by the said symbol.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
36
3.3
HOLDING SYMBOLS
Where a zone symbol listed in Section 3.1 is used in conjunction with the holding symbol "H" as
shown on the zone maps, no buildings or structures shall be erected or altered, save and except
existing main buildings and structures and accessory buildings and structures permitted in the
said zone and in accordance with the standards of the said zone, until the "H" symbol is removed
in accordance with the Planning Act.
Where the holding symbol "H" is accompanied by a numbered suffix (e.g. H-1, H-2) as shown
on the zone maps, removal of the "H" symbol shall be contingent upon the following matters
being concluded.
a)
H-1 Services, Agreements, Site Plan Approvals
To ensure the orderly development of lands and the adequate provision of municipal
services, the required security shall be provided for the development agreement or
subdivision agreement, and Council shall be satisfied that the conditions of the approval
of the plans and drawings for a site plan, or the conditions of the approval of a draft plan
of subdivision, ensure a development agreement or subdivision agreement is executed by
the applicant and the Township, prior to the removal of the "H-1" symbol.
b)
H-2 Noise and Vibration Attenuation
To ensure that mitigating measures are undertaken in areas adjacent to transportation and
utility corridors, an agreement shall be entered into, following consultation with relevant
agencies, covering requirements for incorporating appropriate noise and/or vibration
attenuation measures into the design of the development, prior to the removal of the "H-
2" symbol.
c)
H-3 Environmental Impact Study
To determine the extent to which development will be permitted and ensure that
development will not have a negative impact on relevant components of Natural Heritage
Features (identified in the Township of Malahide Official Plan, the Provincial Policy
Statement and the Ministry of Natural Resources), an agreement shall be entered into
specifying appropriate development conditions and boundaries, based on an
Environmental Impact Study prepared to the satisfaction of the Township, prior to removal
of the "H-3" symbol.
d)
H-4 Erosion/Slope Instability Hazards
To refine the One Hundred Year Erosion Limit (identified by the Conservation Authority
having jurisdiction), assess the potential impacts of development and identify measures to
avoid or address potential erosion/slope instability hazards, an agreement shall be entered
into specifying appropriate development conditions and boundaries, based on a
geotechnical study that has been prepared to the satisfaction of the Township, prior to
removal of the "H-4" symbol.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
37
e)
H-5 Site Plan Control
To ensure that development takes a form compatible with adjacent land uses, agreements
shall be entered into following public site plan review specifying the issues allowed for
under the site plan control provisions of the Planning Act, prior to the removal of the "H-5"
symbol.
f)
H-6 Landfill Sites
To ensure that development in the vicinity of operating and closed landfill sites will occur
in a safe manner and in accordance with the Environmental Protection Act, agreements
shall be entered into specifying any necessary studies and protective measures to the
satisfaction of the Township, demonstrating that the development in the form and manner
proposed will not be adversely affected, prior to the removal of the "H-6" symbol.
3.4
COMPOUND ZONES
Where two or more zone symbols divided by a "/" are shown on the zone maps as applying to a
lot, the lot may be used for any use permitted in any one of the zones included in the compound
zone symbol, or for any combination of uses thereto, subject to the following:
a)
the general use regulations and the special use regulations applicable to the zones
included in the compound zone shall apply;
b)
in the case of a conflict between combinations of uses from two (2) or more zones, the
greater or more restrictive regulations shall apply.
3.5
MULTIPLE ZONES
Where a lot is subdivided into more than one zone, the regulations applicable to these zones
shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines
for the purposes of this By-law.
3.6
SPECIAL USE REGULATIONS
Within any zone, special use regulations shall apply and, in addition to such special use
regulations, the general use regulations shall also apply unless a contrary intention appears
otherwise, in which case the special use regulations shall supercede and prevail over the general
use regulations of the zone.
3.7
'SITE-SPECIFIC' ZONES
All zones may be subdivided into one or more defined areas within which greater or lesser
restrictions shall apply. These 'site-specific' zones shall be identified by reference to the symbol
of a zone together with a number so as to differentiate 'site-specific' zones within a zone from
each other and from other areas within the zone. Within a 'site-specific' zone, all requirements
of this By-law including the General Regulations (Section 4) and the General Use Regulations
and the Special Use Regulations applicable to the zone within which the 'site-specific' zone is
located shall apply and, unless a contrary intention appears otherwise, the following shall apply:
a)
if the 'site-specific' zone establishes regulations different from the General Regulations of
this By-law including the General Use Regulations and Special Use Regulations applicable
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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to the zone within which the defined area is located, the exceptions shall supersede and
prevail over such corresponding regulations of this By-law;
b)
if the 'site-specific' zone permits one (1) or more uses for the defined area, such permitted
use or uses shall be the only purpose or purposes for which land, building or structures
within the defined area shall be used unless the contrary intention appears otherwise;
c)
if the 'site-specific' zone specifically permits one (1) or more uses in addition to those
otherwise permitted in the zone within which the defined area is located, any and all of the
other exceptions applicable to the defined area shall also apply to the additional permitted
use or uses and not only to the uses not otherwise permitted in the zone;
d)
where a 'site-specific' zone is followed by reference to the name of the owner, tenant,
company name, municipal address or other description shown in italics and contained in
parentheses, the said reference is intended for information purposes only and does not
constitute part of this By-law.
3.8
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones as
shown on a zone map, the following shall apply:
a)
unless otherwise shown, the boundary of the zones as shown on the zone maps are the
centre lines of the road allowances or lot lines and the projection thereof;
b)
where zone boundaries are indicated as approximately parallel to the line of any road and
the distance from such road is not indicated, such zone boundaries shall be construed as
being parallel to such road and the distance there from shall be determined by the use of
the scale shown on the zone maps;
c)
unless otherwise indicated, a road, lane, railway or electrical transmission line right-of-
way, or watercourse included on the zone maps, is included within the zone of the
adjoining lands on either side thereof; and where such road, lane, right-of-way, or
watercourse serves as a boundary between two (2) or more different zones, a line midway
in such road, lane, railway or electrical transmission line right-of-way, or watercourse and
extending in the general direction of the long division thereof is considered the boundary
between zones unless specifically indicated otherwise;
d)
in the event a road or street shown on a zone map is closed, the lands formerly on the
said road or street shall be included within the zone of the adjoining property on either side
of the said closed road or street, and the zone boundary shall be the former centre line of
the said closed road or street;
e)
where zone boundaries appear to follow a lot line, they shall be deemed to follow the lot
line.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
39
4.0
GENERAL REGULATIONS
The regulations of this section apply in all zones except as may be indicated otherwise herein.
4.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Wherever a use is listed as a permitted use in a particular zone, uses, buildings or structures
accessory, incidental or subordinate to that use are also permitted in accordance with the
standards applying in the zone in which the said use, building or structure is located.
4.2
BED AND BREAKFAST ESTABLISHMENTS
The following regulations shall apply:
a)
guest bedrooms shall be restricted to a maximum of five (5);
b)
guest parking spaces in a front yard shall be restricted to a maximum of three (3).
4.3
BUFFER STRIPS AND FENCES
The following regulations shall apply:
a) a buffer strip shall be located within the zone for which it is required; it shall be planted,
nurtured and maintained by the owner of the lot on which the buffer strip is located, and
replacement of trees and plants be made by the owner, as necessary from time to time.
b) in all cases where access driveways extend through a buffer strip, it shall be permissible to
interrupt the strip within 3.0 metres of the edge of such driveway.
c) a buffer strip may form part of any required landscaped open space, including the required
front, side and rear yards.
d) where a commercial or industrial zone abuts a residential, institutional, or open space zone,
a strip of land not less than 4.5 metres in width adjacent to and inside the commercial or
industrial zone boundary shall not be used for any other purpose than a buffer strip.
e) where an institutional zone abuts a residential zone, a strip of land not less than 3.0 metres
in width adjacent to and inside the institutional zone boundary shall not be used for any other
purpose than a buffer strip.
f) unless specifically permitted otherwise, no fence within the Municipality shall be greater than
2.4 metres in height.
4.4
BUILDING AND STRUCTURE PROJECTIONS
No part of any building or structure on any lot shall project beyond the lot line or street line of
such lot.
4.5
COMMUNITY GARDENS
The following regulations shall apply:
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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a) community gardens shall be permitted in the Village Residential One (VR1) Zone, the
Village Residential Two (VR2) Zone and the Hamlet Residential (HR) Zone as an
accessory use.
b) a building or structure shall comply with the requirements for an accessory building or
structure of the zone in which it is located.
c) community gardens shall be located in a rear yard or in an interior side yard.
d) a minimum of two (2) parking spaces shall be required in addition to any other parking
requirements of the zone in which it is situated.
4.6
CONSTRUCTION USES
Uses, buildings and structures incidental to construction are permitted in any zone provided they:
a)
are used only for as long as they are necessary for, or as a result of, construction work in
progress which has neither been finished nor abandoned, or a period of 1 year whichever
is the lesser;
b)
are removed when the construction work for which they are required is terminated.
4.7
ELECTRICITY GENERATION FACILITIES AND TRANSMISSION AND DISTRIBUTION
SYSTEMS
Electricity generation facilities and transmission and distribution systems are permitted in any
zone and shall not be subject to lot coverage, lot line setbacks or any other yard requirements
in the zone in which they are located, but shall be subject to any regulatory requirements for the
utility involved.
4.8
ENTRANCE REGULATIONS
No person shall erect any building or structure or otherwise use any lot in any zone unless such
lot abuts a road, or a reserve on the opposite side of which is located a road, or unless such lot
has access to a road by means of a legally registered right-of-way or easement over an abutting
lot, and unless the Ministry of Transportation, the County or the Township, as the case may be,
has issued an entrance permit or otherwise granted permission to provide access for vehicular
traffic from such lot or from such abutting lot, as the case may be, to the said road.
Notwithstanding the foregoing, a building or structure may, however, be erected on a lot within a
registered plan of subdivision in accordance with a subdivision agreement in respect of such
plan of subdivision, or on a lot created by consent and in accordance with an agreement with the
Township, despite the fact that the road on which the lot has access to has not been assumed
and is not being maintained by the Township.
4.9
ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of this By-law, where a single-detached
dwelling or accessory use thereto is to be erected within a built-up area where there is an
established building line, such dwelling or accessory use may be erected closer to the street line
or to the centre line of the street or road, as the case may be, than required by this By-law
provided such dwelling or accessory use is not erected closer to the street line or to the centre
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
41
line of the street or road, as the case may be, than the established building line on the date of
passing of this By-law.
4.10
EXISTING LOTS
Existing lots with less than the minimum lot area, and/or minimum lot frontage requirements of
this By-law may be used and buildings and structures erected or altered thereon for the purposes
specified in the zone in which they are situated, provided:
a)
such lots are serviced or capable of being serviced by approved sanitary sewage facilities
where such facilities are required for the said use, building or structure;
b)
all other requirements of this By-law are satisfied.
4.11
EXPROPRIATIONS AND DEDICATIONS
Where the area of a lot is reduced by means of an acquisition of part of the lot by any authority
having power of expropriation, and where such acquisition causes the lot as reduced, or any
building or structure existing lawfully on the lot on the date of such acquisition, to have a lot area,
lot frontage, lot coverage, parking, area of landscaped open space, setback, front yard depth, side
yard depth or rear yard depth that does not conform to the requirements hereof for the zone in
which such lot is located, then nothing in this By-law shall apply to prevent the continued use of
the lot as reduced as if no such acquisition had taken place, provided that:
a) No further change is made in the dimensions, area or any other characteristics of the lot as
reduced, subsequent to the date of such acquisition, that would increase the extent of the
said non-conformity; and
b) No building or structure or addition thereto is erected on the lot as reduced, subsequent to
the date of such acquisition, except in accordance with all the provisions hereof for the zone
in which such lot is located.
In the case of a road widening dedication, the land that has been or will be dedicated shall be
included in any calculation for the purpose of determining lot area, coverage, height, parking,
landscaped open space, floor area, floor area ratio, and the location of any permitted building or
structure relative to the required side or rear yards, provided any building or structure is located
wholly within the boundary of the land remaining after the dedication.
4.12
GRADING
4.12.1
Excavations
No person shall make any excavations or remove any topsoil, earth, sand or gravel from any lot,
alone or in conjunction with any construction work, unless the written permission of the Township
or a building permit with respect to such construction work has first been obtained, and except
in accordance with any requirements of the Township with respect to retention of topsoil, grading
and finished elevations.
4.12.2
Removal or Levelling of Hills
This By-law shall not apply to prevent the removal or leveling of hills for the purposes of
increasing or improving land for agricultural uses so long as no excavation takes place below
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
42
the average grade of the land surrounding the said hill and so long as a permit has been obtained
with respect to such removal or leveling under the Aggregate Resources Act, as amended or
revised from time to time.
4.13
GROUP HOMES
Within a settlement area, no group home shall be established within 250 m of another group
home while outside a settlement area, no group home shall be established within 1000 m of
another group home and, in all cases, no group home shall be established within 500 m of a
halfway house.
4.14
HALFWAY HOUSES
Within a settlement area, no halfway house shall be established within 500 m of another halfway
house while outside a settlement area, no halfway house shall be established within 5000 m of
another halfway house and, in all cases, no halfway house shall be established within 500 m of
a group home or a school.
4.15
HAZARD LANDS
No buildings or structures, with the exception of bridges and those designed, used, or intended
for flood or erosion control purposes under a permit issued by the conservation authority having
jurisdiction, shall be erected or used on lands which exhibit a hazardous condition as a result of
their instability, susceptibility to flooding, erosion, subsidence, inundation or the presence of
organic soils or steep slopes.
4.16
HEIGHT EXCEPTIONS
The height regulations of this By-law shall not apply to any farm building or structure, ornamental
dome, skylight, chimney, tower, elevator, enclosure, flag pole, antennae, radio or television
receiving or transmitting equipment, cupola, steeple, place of worship spire, wind tower or any
accessory mechanical fixtures unless specifically stated otherwise.
4.17
LOADING SPACE REGULATIONS
4.17.1
Required Loading Spaces
The owner or occupant of any lot, building or structure used or erected for any purpose involving
the receiving, shipping loading or unloading of animals, goods, wares, merchandise or raw
materials, shall provide and maintain, on the same lot, facilities comprising one or more loading
spaces in accordance with the provision of this subsection.
The number of loading spaces required on a lot shall be based on the total net floor area of all
the uses on the said lot for which loading spaces are required, in accordance with the following:
a)
less than 250 square metres of total net floor area - 0 loading spaces;
b)
over 250 square metres up to and including 500 square metres of net floor area -1 loading
space;
c)
over 500 square metres up to and including 2,500 square metres of net-floor area - 2
loading spaces;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
43
d)
over 2 500 square metres up to and including 7,500 square metres of net-floor area - 3
loading spaces;
e)
over 7,500 square metres of net-floor area - 3 loading spaces plus 1 additional loading
space for each 10,000 square metres or part thereof of total net floor area in excess of
7,500 square metres.
4.17.2
Dimensions of Loading Spaces
A loading space required hereby shall have minimum dimensions of 3.5 metres by 10 metres
and a minimum vertical clearance of 4 metres.
4.17.3
Location of Loading Spaces
Required loading spaces shall be provided on the same lot occupied by the building or structure
for which the said loading spaces are required, and shall not form a part of any street or lane.
4.17.4
Yards Where Permitted
Loading spaces shall be permitted in any yard, except that:
a)
no part of any loading space shall be located in the front yard or closer than 3 metres to
any lot line; and
b)
in the case of a through lot, no loading spaces shall be permitted in any part of the front
yard.
4.17.5
Access To Loading Spaces
Access to loading spaces shall be provided by means of one or more unobstructed driveways
which:
a)
have a minimum unobstructed width of at least 3.5 metres, regardless of the direction of
traffic flow thereupon, and provide sufficient space to permit the manoeuvring of vehicles
on the lot so as not to obstruct or otherwise cause a hazard on adjacent streets;
b)
are contained within the lot on which such loading spaces are located and lead either to
an improved street or to a lane; and
c)
comply in all other respects with the requirements for driveways providing access to
parking areas and spaces set out in this By-law.
4.17.6
Surface And Drainage Of Loading Spaces And Driveways
a)
All loading spaces and driveways providing access thereto shall be provided and
maintained with a stable surface, treated so as to prevent the raising of dust or loose
particles. Loading spaces and driveways required for all commercial zones shall be either
asphalt, concrete or other hard surfaced material. All other required loading spaces and
driveways may be crushed stone or gravel.
b)
The access point to the loading area shall be well defined.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
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4.17.7
Addition To Existing Use
When a building or structure has insufficient loading spaces on the date of passing of this By-
Law to comply with the requirements herein, (this By-Law shall not be interpreted to require that
the deficiency be made up) prior to the construction of any addition, any loading spaces required
by this By-Law for such addition shall be provided in accordance with all provisions hereof
respecting loading spaces.
4.17.8
Exemption For GC Zones
Notwithstanding any other provision hereof to the contrary, no loading spaces shall be required
for any building, structure or use located within a GC Zone.
4.18
MODEL HOMES
The following regulations shall apply:
a) the lands on which the model homes are situated have received draft plan approval under
the Planning Act and a subdivision agreement has been executed;
b) the model homes shall comply with the provisions and regulations of this By-law upon
registration of the plan of subdivision; and
c) the number of model homes for any draft approved plan of subdivision shall not exceed the
lesser of ten (10) dwelling units or ten percent (10%) of the total number of lots.
4.19
MUNICIPAL DRAINS AND NATURAL WATERCOURSES
Notwithstanding any other provisions of this By-law, no permanent buildings or structures shall
be erected or used:
a) closer than 7.5 metres from the top-of-bank of a municipal drain having a width of less than
4.5 metres from top-of-bank to top-of-bank or from the centre line of a municipal tile drain;
b) closer than 18.5 metres from the top-of-bank of a municipal drain having a width of between
4.5 metres and 7.5 metres from top-of-bank to top-of-bank;
c) closer than 30.5 metres from the top-of-bank of a municipal drain which is 7.5 metres or
more from top-of-bank to top-of-bank;
d) closer than 15.0 metres from the top-of-bank of a natural watercourse or within an area that
is equal to 15.0 metres plus one-half the width of the stream from the centerline of the
watercourse;
e) closer from the top-of-bank of the Lake Erie shoreline except for lands shown on Schedule
"O" than:
D=3h + 100R (or) 30 metres (whichever is greater)
Where D = setback (in metres), h = elevation above Lake Erie (metres), 100 = constant
representing 100 years of protection and R = rate of erosion in metres per year at the point
under consideration.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
45
f) on lands which exhibit, or potentially exhibit, a hazardous condition as a result of their
susceptibility to flooding, erosion, subsidence, inundation or the presence of organic soils
or steep slopes.
4.20
NON-COMPLYING BUILDINGS AND STRUCTURES
Where a building or structure has been erected on an existing lot having less than the minimum
lot frontage and/or area, minimum setback, front yard depth, side yard width or rear yard depth
or where such building or structure has more than the maximum height or more than the
maximum lot coverage or more than the maximum floor area permitted herein, the said building
or structure may be used, altered, repaired or renovated provided such standards are not further
reduced or extended and all other standards herein are complied with.
4.21
NON-CONFORMING USES
Nothing in this By-law shall apply:
a)
to prevent the use of any land, building or structure for any purpose prohibited in this By-
law if such land, building or structure was lawfully used for such purpose on the day of the
passing of this By-law, so long as it continues to be used for that purpose;
b)
to prevent the erection or use for a purpose prohibited in this By-law of any building or
structure for which a permit has been issued under the Building Code Act, prior to the day
of passing of this By-law, so long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and so long as the permit
has not been revoked under Building Code Act;
c)
to prevent the alteration or repair of any building or structure or part of any such building
or structure which does not comply with this By-law, so long as such alteration or repair
does not increase the height, size or volume or change the use of such building or
structure.
4.22
OIL AND GAS WELLS
This By-law shall not apply to the use of any land for the exploration and/or production of natural
gas or crude oil, or to the erection, alteration, or use of any building or structure accessory
thereto.
4.23
OUTDOOR FURNACES
Where permitted by this By-law, no outdoor furnace shall:
a)
be erected within ten (10) metres of a lot line;
b)
be erected within one hundred and fifty (150) metres of a dwelling situated on a separate
lot.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
46
4.24
PARKING REGULATIONS
4.24.1
Required Parking Spaces
The parking space requirements provided in the following table shall apply to all uses, buildings
and structures in all zones with the exception of the General Commercial (GC) Zone. The
number of required spaces shall be calculated per square metre (m2) of the floor area of the
main building except where expressed otherwise. Parking spaces shall be provided at the time
a use is established or changed or a building or structure is erected or enlarged.
USE
REQUIREMENT
1
abattoir
1 per 25 m2 of retail floor space plus 1 per each employee
employed on the largest shift
2
animal clinic
1 per 30 m2
3
animal hospital
1 per 45 m2
4
apartment dwelling
1.25 per dwelling unit
5
art gallery
1 per 50 m2
6
auction sales establishment
1 per 30 m2
7
bake shop
1 per 25 m2
8
banquet hall
1 per 7 seats or 1 per 35 m2 , whichever is the greater
9
bed & breakfast establishment
2 plus 1 per guest room
10
boarding house or rooming house
0.5 per guest room
11
clinic
1 per 15 m2
12
club
1 per 7 seats or 1 per 35 m2 whichever is the greater
13
converted dwelling
1.5 per dwelling unit
14
day care centre
1 per 40 m2
15
dog kennel
1 per 30 m2
16
double duplex dwelling
1.25 per dwelling unit
17
drive-in restaurant
1 per 10 m2
18
dry cleaning establishment
1 per 35 m2
19
duplex dwelling
1.5 per dwelling unit
22
dwelling unit
1 per unit
21
fitness centre
1 per 30 m2
22
flea market
1 per 30 m2
23
food processing plant
1 per each employee employed on the largest shift
24
funeral home
1 per 20 m2
25
garden centre
1 per 30 m2 plus 1 per 100 m2 outside display space
26
gas bar
1
27
general retail store
1 per 25 m2
28
golf course
4 per hole
29
group home
1 plus 0.5 per bed
30
half-way house
1 plus 0.5 per bed
31
hotel
1.5 per guest room
32
industrial use
1 per each employee employed on the largest shift
33
laundry establishment
1 per 35 m2
34
machine shop
1 per 25 m2
35
market garden
1 per 30 m2 plus 1 per 100 m2 of outside display space
36
micro brewery
1 per 40 m2 of processing area
37
mini-storage warehouse
5
38
motel
1.5 per guest room
39
museum
1 per 50 m2
40
retirement home
1 per 2.5 beds
41
office
1 per 30 m2
42
paintball park
1 per 50 m2 of playfield
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
47
USE
REQUIREMENT
43
personal care establishment
1 per 20 m2
44
personal service establishment
1 per 15 m2
45
place of entertainment or amusement
1 per 35 m2
46
place of worship
1 per 5 seats or the equivalent bench space or 1 per 10 m2
where there is no fixed seating, whichever is the greater
47
school, elementary
3 plus 1 per classroom
48
school, secondary or private
3 per classroom
49
restaurant
1 per 10 m2
50
retail store
1 per 25 m2
51
semi-detached dwelling
2 per dwelling unit
52
service shop
1 per 50 m2
53
shopping centre
1 per 25 m2
54
single unit dwelling
2
55
take-out restaurant
1 per 10 m2
56
tavern
1 per 10 m2
57
townhouse dwelling
1.5 per dwelling unit
58
triplex dwelling
1.5 per dwelling unit
59
warehouse
1 per each employee employed on the largest shift
4.24.2
Accessible Parking Spaces
Accessible parking spaces shall, in the case of a Type A parking space as defined, have a
minimum width of 3.4 m and, in the case of a Type B parking space as defined, have a minimum
width of 2.4 m and shall be provided adjacent to the primary entrance of the building they are
intended to serve and clearly signed or marked as "Accessible Parking Spaces".
To facilitate access to the motor vehicle, every accessible parking space shall be provided with
an abutting access aisle, 1.5 m in width, extending the full length of the accessible parking space
and be clearly identifiable by high tonal contrast diagonal lines, concrete or other hard
distinguishing surface treatment to discourage parking on or within them which access aisle may
be shared by two accessible parking spaces
All designated accessible parking spaces shall be signed or marked in accordance with the
Integrated Accessibility Standards Regulation and the Highway Traffic Act and, in the case of
Type A parking spaces as defined, signed or marked as "Van Accessible".
The number of accessible parking spaces required shall be part of the total parking requirement
in accordance with the following:
Required
Spaces
Required No. of Spaces for Accessible Parking
Type A Type B
1 - 50
1
1
51 - 75
1
2
76 - 100
2
2
4.24.3
Location
The location of a parking space required herein shall be located on the same lot or within the
same building or structure as the use building or structure for which the said parking is required.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
48
4.24.4
Dimensions of Parking Spaces
A parking space required herein shall have a minimum width of 2.7 m and a minimum length of
5.5 m except in the case of accessible parking spaces which shall have a minimum width as
specified in subsection 4.21.2 to this By-law.
4.24.5
Additions to Existing Uses
The parking space requirements of this By-law shall apply to any existing building or structure
so long as the floor area of the said building or structure is not increased and the building or
structure is used for a purpose which does not require additional parking spaces as required by
this By-law than were required by virtue of its size or use on the effective date. Where a use is
changed or the floor area of a building or structure is enlarged or there is an increase in the
number of divisible units (e.g. seating capacity), then such additional parking spaces shall be
provided to the number required for such change.
4.24.6
Calculation of Required Parking Spaces
When calculating the number of required parking spaces, the following shall apply:
a)
where a building, structure or lot accommodates more than one use, the required parking
spaces shall be the sum of the required parking spaces for the individual uses. Parking
spaces for one use shall not be considered as providing the required parking spaces for
any other use.
b)
where seating accommodation is provided by benches, 0.6 m of bench space shall be
equivalent to one (1) seat.
c)
calculation of the required parking spaces results in a fraction, the required parking spaces
shall be the next highest whole number notwithstanding Section 1.5 of this By- law to the
contrary.
4.24.7
Parking Regulations In Residential Zones
The following regulations shall apply:
a)
no motor vehicle shall be parked or stored in any residential zone other than a private
passenger automobile, a motor home, travel trailer, or truck camper, or in the case of a
commercial motor vehicle as provided for in this By-law;
b)
no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall be
parked or stored outdoors in the Village Residential One (VR1) Zone, Village Residential
Two (VR2) Zone, Hamlet Residential (HR) Zone or Mobile Home (MH) Zone;
c)
all parking spaces in any residential zone shall be located in an attached or detached
private garage, or in a driveway, or in a side or rear yard provided that the lot coverage of
the spaces shall not exceed 15% of the total lot area;
d)
no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall idle
for an extended period of time in any residential zone.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
49
4.25
PROHIBITED USES
The following shall be prohibited in any zone except where specifically permitted otherwise:
a)
the use of a truck, bus, coach, railway car, shipping container or streetcar body or any
portions thereof for the purposes of conducting or operating a business or trade;
b)
the use of any travel trailer, truck camper or motor home for the living, sleeping, or eating
or accommodation of persons;
c)
the making or establishment of pits and quarries;
d)
the tanning or storage of uncured hides or skins;
e)
the boiling of blood, tripe, bones or soaps for commercial purposes;
f)
the manufacturing of glues or fertilizers from dead animals or from human or animal waste;
g)
an abattoir, livestock yard, livestock exchange, or dead stock depot;
h)
the keeping of exotic animals;
i)
the extracting of oil from fish;
j)
a track for the driving, racing or testing of automobiles, motorcycles, snowmobiles or any
other motorized vehicles;
k)
a salvage or scrap yard, or the collection, storage or sale of:
i)
automobiles which are not in running condition;
ii)
partially or completely dismantled automobiles or other vehicles; or
iii)
parts of automobiles or other vehicles;
except where the automobiles or other vehicles are accessory to a permitted automotive
use;
l)
a disposal site for solid waste;
m)
the refining, storage or use in manufacturing of coal, rock, fuel, oil, natural gas, propane,
burning fluids, naphtha, bensole, benzene, gasoline, dynamite, dualim, nitro-glycerin, gun
powder, petroleum or any other combustible, inflammable, volatile or otherwise dangerous
liquids, gases or solid materials except where specifically permitted hereby or in
conjunction with a permitted industrial use. This provision shall not apply to prevent the
aboveground storage of such substances where such storage is incidental and accessory
to an agricultural use associated with a normal farm practice, or the use of natural gas,
propane or fuel oil for domestic purposes, such as heating and cooking, in conjunction with
a residential, commercial or industrial use;
n)
an airport or landing strip;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
50
o)
any use which causes the emission of corrosive gases, toxic gases, or radioactive gases
or into any zone other than an M1 Zone, of electromagnetic fields, heat, glare, dust, dirt,
fly ash, or smoke, or which does not comply with emission regulations as may be
established from time to time by the Province of Ontario, the Government of Canada, or
any agencies thereof;
p)
the location or storage on any land for any purpose whatsoever any railroad car or part
thereof, street car or part thereof, truck body or part thereof, bus body or part thereof,
whether or not the same is situated on a foundation;
q)
use of any land or building, except those lands appropriately zoned for the repair or
servicing of motor vehicles unless such motor vehicle is owned by and registered in the
name of an owner or occupant of such land or building;
r)
undertaking anything but minor repairs and servicing such as the changing of tires or oil,
outside of a garage or other suitable building, on any motor vehicle within the Municipality,
except on lands lawfully occupied and used for an motor vehicle use;
s)
any establishment used as an adult entertainment establishment as defined by this By-
law;
t)
any outdoor furnace used, or intended to be used, to supply heat or hot water to any
dwelling;
u)
any form of the following:
i) Underground transmission
vii) Peat extraction;
of oil, gasoline, or other
viii) Landfills
petroleum liquid products;
ix) Chemical / biological laboratories;
ii) Wood preserving and
x) Chemical manufacturing/industrial uses;
treating;
xi) Facilities generating, treating or
iii) Outdoor storage of road
disposing hazardous waste;
salt, or other de-icing
xii) Asphalt / concrete / tar plants;
materials and dumping of salt laden snow; xiii) Automotive junk yards;
iv) Petroleum production,
xiv) Bulk fuel oil storage yards;
refining and manufacturing;
xv) Car washes;
v) Furniture and wood
xvi) Cemeteries;
stripping and refining;
xvii) Dry cleaning facilities;
vi) Electroplaters and metal
xviii) Gasoline service stations;
fabricators;
xix) Underground storage tanks.
4.26
PUBLIC USES
With the exception of any facility used for the transmission or distribution of electricity, this By-
law shall not apply to the use of any land or to the erection, alteration or use of any building or
structure for the purpose of public service by a public authority or public utility as long as:
a)
the lot coverage, setback and yard requirements of the zone in which such land, building,
or structure is located are complied with;
b)
no outside storage is located in a residential zone; in a yard on a lot adjacent to a
residential zone; or in a yard on a lot lying opposite a residential zone.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
51
4.27
RESIDENTIAL DRIVEWAYS
The following regulations shall apply:
a)
The maximum width of a driveway, measured along the sidewalk where such exists, and
along the street line shall otherwise be nine (9.0) metres.
b)
The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be nine (9.0) metres.
c)
The minimum distance between a lot line and any driveway, with the exception of a mutual
or common driveway, shall be one (1.0) metre. A driveway shall, however, be allowed to
intersect a lot line in accordance with the provisions of subsection d).
d)
The interior angle formed between the street line and the centre line of any driveway shall
not be less than forty-five (45) degrees.
4.28
SATELLITE DISHES
A satellite dish, other than a satellite dish having a diameter of one (1.0) metre or less and
mounted on a building, structure, fence or boundary wall, may be erected and used in any zone,
provided it:
a)
is not erected in an elevated position which exceeds the maximum height requirement for
an accessory building or structure, regardless of the method of elevation used;
b)
complies with the requirements for an accessory building or structure of the zone in which
it is located;
c)
is located, in the case of lands zoned Village Residential One (VR1), Village Residential
Two (VR2) or Hamlet Residential (HR), in a rear yard or in an interior side yard.
4.29
SCHOOL BUS HUTS OR SHELTERS
Where permitted by this By-law, a school bus hut or shelter shall:
a)
not exceed five (5.0) m2 in floor area;
b)
not exceed three (3.0) m in height;
c)
not be situated closer than one (1.0) m from a lot line.
4.30
SECOND DWELLING UNITS
Where in this By-law a single unit dwelling or a semi-detached dwelling is listed as a permitted
use in a settlement area, a second dwelling unit shall also be permitted either within that dwelling
or within a building accessory to the said dwelling subject to the following:
a) Where the second dwelling unit is located within a single unit dwelling or semi-detached
dwelling:
i)
a maximum of one second dwelling unit shall be permitted;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
52
ii)
an independent entrance to the second dwelling unit from outside the dwelling shall be
provided;
iii) a minimum ceiling height of 2.0 m shall be maintained where located in a basement or
cellar;
iv) the dwelling unit will be situated in a basement or cellar, the finished floor level of such
basement or cellar shall not be below the level of any municipal sanitary sewer or storm
sewer servicing the dwelling in which such dwelling unit would be located;
v)
the floor area of the second dwelling unit shall not exceed 40% of the floor area of the
dwelling to a maximum of 75m2;
vi) the second dwelling unit shall not contain more than one bedroom;
vii) a minimum of one parking space dedicated to the second dwelling unit shall be
provided;
viii) the requirements of the Ontario Building Code shall be complied with.
b) Where the second dwelling unit is located within an accessory building:
i)
a maximum of one second dwelling unit shall be permitted
ii)
the requirements herein with respect to an accessory building shall be complied with;
iii)
the second dwelling unit shall not exceed a floor area of 75 m2;
iv)
the second dwelling unit shall not contain more than one bedroom;
v)
the second dwelling unit shall be connected to the municipal water supply system and
the municipal sanitary sewage system where such services are available;
vi)
the second dwelling unit shall, where a municipal water supply system is unavailable,
be connected to a private on-site water well capable of producing a minimum of 18.9
litres/minute;
vii)
the second dwelling unit shall, where connection to the municipal sanitary sewage
system is not available, be connected to an approved private on-site sewage system;
viii)
a minimum of one parking space dedicated to the second dwelling unit shall be
provided;
ix)
the requirements of the Ontario Building Code shall be complied with.
4.31
SETBACKS FROM COUNTY ROADS
Notwithstanding any other provisions of this By-law, where a building or structure is erected or
proposed to be erected adjacent to a county road, and in the absence of an established building
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
53
line, the following minimum setbacks shall be provided or maintained from the centerline of such
road:
Name
No.
between
and
Classification
Minimum
Setback*
Avon Drive
37
Pigram Road
Belmont Road
Collector
24 m
Lyons Line
48
Pigram Road
Belmont Road
Collector
24 m
Ron McNeil Line
52
Pigram Road
Springfield Road
Collector
24 m
Glencolin Line
32
Springfield Road
Springwater Road
Collector
24 m
Nova Scotia Line
42
Imperial Road
Richmond Road
Collector
24 m
Richmond Road
43
Nova Scotia Line
John Wise Line
Collector
24 m
Springfield Road
40
Nova Scotia Line
Calton Line
Collector
24 m
Hacienda Road
32
John Wise Line
Dingle Street
Collector
24 m
Imperial Road
73
Avon Drive
Port Bruce
Minor Arterial
26 m
John Wise Line
45
Springwater Road
Springfield Road
Minor Arterial
26 m
Calton Line
45
Springfield Road
Richmond Road
Minor Arterial
26 m
*not applicable within settlement areas of Springfield and Port Bruce
4.32
SETBACKS FROM RAILWAYS
The following regulations shall apply:
a) No buildings or structures shall be erected or used within seventy five (75) metres of a railway
right-of-way.
b) Evaluation of ground-borne vibration from rail traffic shall be required within seventy five (75)
metres of a railway right-of-way and evaluation of noise from rail traffic through a Noise
Impact Study shall be required within one hundred and twenty (120) metres of a railway right-
of-way in accordance with Ministry of the Environment, Conservation and Parks guidelines.
c) Variations to the noise and vibration standards can be made if an Environmental Noise &
Vibration Study is submitted and accepted by the Township. These reports can be used as
a basis for varying the standards where site specific barriers or topographical features are
present which warrant changes. Specific standards can be applied through the development,
consent or subdivision agreement.
4.33
SEWAGE TREATMENT PLANTS AND WASTE DISPOSAL SITES
No building or structure used or intended for residential occupancy shall be erected within three
hundred (300) metres of a sewage treatment plant or a waste disposal site.
4.34
SHIPPING CONTAINERS
Where permitted by this By-law as an accessory use, no shipping container shall:
a) be erected within ten (10) metres of a lot line;
b) be erected within one hundred (100) metres of a dwelling on a separate lot;
c) exceed the maximum floor area and/or the maximum coverage requirement for an accessory
building or structure of the zone in which it is situated;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
54
d) be erected in a front yard or an exterior side yard.
4.35
SIGHT VISIBILITY TRIANGLES
Except in the General Commercial (GC) Zone, no building or structure shall be erected and no
shrubs or foliage planted in such manner as to impede the vision of a motorist approaching the
intersection, between a height of one (1.0) metres and three (3.0) metres above the centre line
grade of intersecting roads in the triangular area bounded by the front lot line, the exterior side
lot line and a line joining the points along said lines nine (9.0) metres distant from the point of
intersection of the said lines.
4.36
SWIMMING POOLS AND TENNIS COURTS
The following regulations shall apply with respect to the erection or use of a swimming pool or a
tennis court, which is not enclosed or otherwise located within a building:
a)
no swimming pool or tennis court shall, except in the case of lands zoned General
Agricultural (A1), be located in any yard other than in an interior side yard or a rear yard;
b)
no swimming pool or tennis court shall be located closer than 1.5 metres to any rear lot
line or side lot line;
c)
no part of a swimming pool shall exceed a height of 2.0 metres above grade, exclusive of
appurtenances or facilities such as diving boards or slides;
d)
every swimming pool shall be enclosed by a fence of at least 1.2 metres in height equipped
with a gate capable of being locked and located at a distance of not less than 1.0 metre
and not more than 10 metres from the pool;
e)
no water circulating or treatment equipment such as pumps or filters or any accessory
building or structure containing such equipment, shall be located closer than 2.0 metres to
any lot line.
4.37
WAYSIDE PITS AND QUARRIES, PORTABLE ASPHALT PLANTS, PORTABLE CONCRETE
PLANTS
Wayside pits, wayside quarries, portable asphalt plants and portable concrete plants used in
conjunction with a road construction project by a public authority or its agents shall be permitted
in all zones provided that any portable asphalt plant is not erected any closer than 300 metres
to an institutional use or a residential use.
4.38
YARD ENCROACHMENTS AND OBSTRUCTIONS
No part of any required yard shall be obstructed by any building or structure except for one or
more of the following:
a)
accessory buildings or structures specifically permitted in a required yard;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
55
b)
architectural adornments including, but not necessarily limited to, sills, belt courses,
chimneys, cornices, eaves, gutters, parapets, pilasters and roof trusses projecting not
more than one-half (0.5) metre into any required yard except that no eaves of any
building located within a residential zone shall be located closer than one-third (0.3)
metre to any lot line;
c)
functional and ornamental structures including, but not necessarily limited to drop
awnings, clothes poles, ornamental fountains, statues, monuments, cenotaphs,
memorials, planters, garden trellis, fences, hedgerows, satellite dishes having a diameter
of one (1.0) metre or less, and legal signs;
d)
unenclosed fire escapes or outside staircases in which the stair steps and floors are
latticed in such a manner that the proportion of voids to solids is not less than two to one
and in which guards consist only of hand rails and the structural members necessary to
their support, and which do not project more than one and one-half (1.5) metres into any
required yard;
e)
awnings, atriums and bay windows projecting not more than one (1.0) metre into any
required yard, other than any required interior side yard, in the Village Residential One
(VR1) Zone or the Village Residential Two (VR2) Zone and which do not project into any
required sight visibility triangle;
f)
open roofed porches, uncovered decks and balconies projecting not more than three and
one-half (3.5) metres into any required front yard, rear yard, exterior side yard or setback
and which do not project into any required sight visibility triangle. Enclosures to any porch
projecting into a required yard or setback shall be limited to one (1.0) metre in height
exclusive of roof supports, but this shall not prohibit the enclosure of a porch or terrace
by latticing, screening or similar method provided at least fifty percent (50%) of the
surface area is open and unobstructed to the air;
g)
central air conditioning or heat pump units, provided that such unit is located within three
(3.0) metres of the main building in a front yard or an exterior side yard, or a minimum of
1.2 metres from any other side or rear lot line;
h)
un-enclosed ramps for the physically challenged.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
56
(This Page Left Blank Intentionally)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
57
5.0
AGRICULTURAL ZONES
GENERAL AGRICULTURAL (A1) ZONE
The General Agricultural (A1) Zone applies to the majority of lands designated 'Agriculture' in the
Township's Official Plan. It includes productive agricultural land under active cultivation as well as non-
active farmland, pasture land, woodlands, ravine lands and other natural areas despite the fact they may
not be used or capable of being used for agricultural purposes. Permitted uses in the A1 zone include a
broad range of agricultural activities from the cultivation of land and production of crops to the breeding,
raising and care of livestock. Other uses such as forestry, riding schools, dog kennels, estate wineries
and wildlife preserves are also permitted in recognition that such uses are appropriately located in the
rural area and are complementary or not in conflict with agricultural uses. Lands zoned A1 are typically
large, being greater than 1 ha (2.5 acres) in size. Where new agricultural parcels are proposed to be
created, the minimum lot area of each parcel is 20 hectares (49.4 acres). Livestock buildings and
structures and additions thereto as well as manure storage facilities are required to comply with Minimum
Distance Separation II developed by the Ontario Ministry Of Agriculture, Food and Rural Affairs.
SPECIAL AGRICULTURAL (A2) ZONE
The Agricultural (A2) Zone is virtually identical to the General Agricultural (A1) Zone with the exception
that dwellings, as well as uses which normally require, or are associated with, a dwelling, are not
permitted. It also, similar to the A1 zone, applies in areas designated 'Agriculture' in the Township's
Official Plan. Application of the A2 zone is limited to instances involving a consent to dispose of a surplus
farm dwelling on condition that any subsequent dwelling would be prohibited on the remaining lands in
accordance with the Provincial Policy Statement (PPS), the County of Elgin Official Plan and the
Township's Official Plan. The minimum lot area of a parcel zoned A2 is the area of the parcel as of the
date of registration of the lot created to dispose of the surplus farm dwelling.
LARGE LOT AGRICULTURAL (A3) ZONE
The Large Lot Agricultural (A3) Zone is virtually identical to the General Agricultural (A1) Zone with the
exception that a minimum lot area of 40 hectares (98.8 acres) applies. It also, similar to the A1 and A2
zones, applies in areas designated 'Agriculture' in the Township's Official Plan. The Large Lot Agricultural
(A3) Zone represents a 'carry-over' zone from the former Township of Malahide Zoning By-law No. 05-
27. It is intended primarily as a means of identifying larger, contiguously owned and/or cultivated farmland
parcels which may or may not be further subdivided into smaller holdings provided, amongst other
matters, each parcel comprises a minimum lot area of 40 hectares.
SMALL LOT AGRICULTURAL (A4) ZONE
The Small Lot Agricultural (A4) Zone applies in areas designated 'Agriculture' in the Township's Official
Plan to parcels ranging in size from 4,000 sq. m (1 acre) to 1 hectares (2.5 acres). The A4 zone also
applies to lots created by consent to dispose a surplus farm dwelling where the size of the lot is greater
than 1 hectare. As a means of identifying lots in the rural area which are primarily residential in nature, it
essentially replaces the Agricultural Residential (AR) Zone of the Township's former Zoning By-law.
Agricultural uses are permitted with the exception of fur farming and mushroom farming. The keeping of
livestock is restricted to small-scale operations which are not governed by the provisions of the Nutrient
Management Act.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
58
5.1
PERMITTED USES, BUILDINGS AND STRUCTURES
5.1.1
Main Uses, Buildings and Structures
No lands, buildings or structures shall be erected or used in the zone prescribed except for the
purposes set out in the table below.
(Amended by By-law No. 19-08 General Amendment)
A
B
C
D
USES, BUILDINGS & STRUCTURES
A1
A2
A3
A4
1
agricultural use
2
agri-tourism use
3
animal kennel
*
*
*
4
bed & breakfast establishment
5
commercial greenhouse
6
converted dwelling
7
estate winery
8
farm produce outlet
9
farm winery
10
forestry use
11
group home
12
halfway house
13
home occupation
14
market garden
15
mushroom farm
16
plant nursery
17
restricted agricultural use
18
riding school
19
sawmill
20
seasonal farm dwelling
21
secondary farm occupation
22
single unit dwelling
23
wildlife preserve
24
supplementary farm housing
*only in site-specific zones
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
59
5.2
GENERAL USE REGULATIONS
5.2.1
Standards
The standards set out in the table below shall apply in the zones prescribed unless otherwise
stipulated herein to the contrary.
(Amended by By-law No. 19-08 General Amendment)
5.3
SPECIAL USE REGULATIONS
5.3.1
Accessory Buildings and Structures
Accessory buildings or structures in the General Agricultural (A1) Zone, Special Agricultural (A2)
Zone and the Large Lot Agricultural (A3) Zone shall be governed by the provisions of Section
5.2.1 whereas accessory buildings or structures in the Small Lot Agricultural (A4) Zone shall not:
a) be erected closer to the front lot line or the exterior side lot line than the minimum distance
required for the dwelling on the lot;
b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard;
c) be erected closer to the road than the dwelling is to that road;
d) be erected closer than five (5.0) metres to an interior side lot line;
A
B
C
D
STANDARDS
A1
A2
A3
A4
1
Minimum Lot Area (ha unless otherwise indicated)
20 ha
20 ha
40 ha
2000
2
Minimum Lot Frontage (m)
150
150
150
30
3
Minimum Front Yard Depth (m)
15
15
15
15
4
Side Yard Width - Interior (m)
5
5
5
5
5
Side Yard Width - Exterior (m)
9
9
9
9
6
Rear Yard Depth (m)
7.5
7.5
7.5
7.5
7
Maximum Lot Depth to Lot Frontage Ratio
3:1
6
Maximum Lot Coverage (%)
20
20
20
30
7
Maximum Height (m) of a Dwelling
10.5
10.5
10.5
8
Minimum Floor Area (m2) of a Dwelling
90
90
90
9
Maximum Floor Area (m2) of an Accessory Building
200
10
Maximum Number of Dwellings Per Lot
1
1
1
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
60
e) be erected closer than 1.2 metres to a rear lot line (Amended by By-law No. 19-08 General
Amendment);
f) exceed the maximum floor area prescribed in Section 5.2.1;
g) exceed ten (10) percent coverage of the lot area;
h) exceed six (6.0) metres in height or contain more than two storeys (Amended by By-law No.
19-08 General Amendment);
i)
be erected within two (2.0) metres of the dwelling;
j)
be considered an accessory building if attached to the dwelling in any way.
5.3.2
Livestock Buildings and Structures and Manure Storage Facilities for Livestock -
Minimum Distance Separation (MDS II) Formulae
No livestock building or structure or manure storage facility shall be erected, altered or used
except in accordance with Minimum Distance Separation (MDS II) Formulae as established by
the Province, as amended, and implemented under the guidelines established by the Province,
as amended.
5.3.3
Animal Kennels
(Amended by By-law No. 19-08 General Amendment)
The following provisions shall apply to animal kennels:
a)
minimum distance from a dwelling located on a separate lot
outside a settlement area
300 m
b)
minimum distance from a settlement area
450 m
5.3.4
Home Occupations
The following provisions shall apply to home occupations:
a)
shall be permitted only within a dwelling, or within an accessory building;
b)
the floor area of the dwelling including the basement area used for the home occupation
shall not exceed twenty-five (25) percent of the floor area of the dwelling or forty (40)
square metres, whichever is the lesser;
c)
the floor area of the accessory building used for the home occupation shall not exceed two
hundred (200) square metres;
d)
the external character of the dwelling as a residence shall not change or a nuisance,
particularly in regard to noise, odour, traffic or parking shall not be created;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
61
e)
outside storage shall only be permitted in an interior side yard or a rear yard provided it
does not exceed a contiguous area of one hundred (100) square metres;
f)
the maximum number of persons engaged in the home occupation but who reside on a lot
other than the lot on which the home occupation is conducted shall be limited to one (1).
5.3.5
Secondary Farm Occupations
The following provisions shall apply to secondary farm occupations:
a) shall be permitted within an accessory building;
b)
shall not exceed a maximum of three hundred (300) square metres in floor area;
c)
shall be located on the lot, behind and to the rear of dwelling on the lot, shall be located a
maximum of fifty (50) metres from the dwelling on the lot:
d)
shall be located a minimum distance of one hundred fifty (150) metres from a dwelling
situated on a separate lot;
e)
outside storage shall not exceed a contiguous one hundred fifty (150) square metres and
shall be located immediately behind and to the rear of the building in which the secondary
farm occupation is conducted;
f)
the maximum number of persons engaged in the secondary farm occupation but who
reside on a lot other that the lot on which the secondary farm occupation is conducted
shall be limited to three (3).
5.3.6
Single Unit Dwellings - Minimum Distance Separation (MDS I) Formulae
No single unit dwelling shall be erected or used except in accordance with Minimum Distance
Separation (MDS I) Formulae as established by the Province, as amended, and implemented
under the guidelines established by the Province, as amended. The foregoing shall not apply to
the alteration of an existing dwelling or the replacement of an existing dwelling with a new
dwelling provided the new dwelling is situated no closer to a livestock building or structure or
manure storage facility situated on a separate lot than the dwelling being altered or replaced.
5.4
GENERAL AGRICULTURAL (A1) ZONE - 'SITE-SPECIFIC' ZONES
5.4.1 a)
Defined Area
A1-1 as shown on Schedule "A", Map No. 6.
b)
Permitted Uses
contractor's yard or shop
all other permitted uses of the A1 zone
5.4.2 (Added by By-law No. 18-73 1841991 Ont. Inc. (Guenther))
a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
62
A1-2-H-1as shown on Schedule "A", Map No. 26.
b)
Permitted Uses
food processing plant
restaurant
truck terminal
all other permitted uses of the A1 zone
c)
Setbacks
maximum setback between a northerly
rear lot line and a truck terminal
20 m
minimum setback between a westerly side
lot line and a truck terminal
61 m
minimum setback between an easterly
side lot line and a truck terminal
250 m
d)
Lands Occupied By A Truck Terminal
A truck terminal, along with its associated landscaped open space, parking and storage
facilities, shall occupy a maximum area of 2.42 hectares.
e)
Maximum Floor Area
truck terminal
1,858 m2
f)
Application of the Holding (H-1) Symbol
The Holding (H-1) symbol applies only insofar as it relates to the establishment of a truck
terminal
5.4.3 a)
Defined Area
A1-3 as shown on Schedule "A", Map No. 46.
b)
Permitted Uses
farm-related machine shop
all other permitted uses of the A1 zone
c)
Maximum Floor Area
farm-related machine shop
200 m2
5.4.4
(deleted By-law No. 19-24)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
63
5.4.5 a)
Defined Area
A1-5 as shown on Schedule "A", Map No. 48 and Map No. 49.
b)
Permitted Uses
furniture manufacturing establishment
all other permitted uses of the A1 zone
c)
Maximum Floor Area
furniture manufacturing establishment
214 m2
5.4.6 a)
Defined Area
A1-6 as shown on Schedule "A", Map No. 52.
b)
Permitted Uses
commercial greenhouse
fruit and vegetable stand
single unit dwelling
5.4.7 a)
Defined Area
A1-7 as shown on Schedule "A", Map No. 57.
b)
Permitted Uses
private school
all other permitted uses of the A1 zone
c)
Maximum Floor Area
private school
75 m2
d)
Maximum Number of Students
private school
25
5.4.8 a)
Defined Area
A1-8 as shown on Schedule "A", Map No. 58.
b)
Permitted Uses
sale and repair of horse drawn farm machinery
all other permitted uses of the A1 zone
5.4.9 a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
64
A1-9 as shown on Schedule "A", Map No. 58.
b)
Permitted Uses
animal kennel
all other permitted uses of the A1 zone
c)
Maximum Number of Animal Pens
40
d)
Minimum Separation Distance
between an animal kennel and a dwelling
located on a separate lot
250 m
5.4.10 a)
Defined Area
A1-10 as shown on Schedule "A", Map No. 58.
b)
Permitted Uses
mobile home
all other permitted uses of the A1 zone
5.4.11 a)
Defined Area
A1-11 as shown on Schedule "A", Map No. 58.
b)
Permitted Uses
stove manufacturing establishment
all other permitted uses of the A1 zone
c)
Maximum Floor Area
stove manufacturing establishment
557 m2
d)
Maximum Number of Off-site Employees
stove manufacturing establishment
2
e)
Prohibited Uses
outside storage associated with a stove manufacturing establishment
d)
(added by By-law No. 20-61 (N & B Stansell) (As per Consent Application No. E 6/20))
Minimum Lot Area
8.0 ha
5.4.12
(Temporary Use Provisions added by By-law 21-04, now lapsed / not in effect)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
65
5.4.13.1
a)
Defined Area
A1-131 as shown on Schedule "A", Map No. 77.
b)
Permitted Uses
food processing plant
all other permitted uses of the A1 zone
5.4.13.2
(Added by By-law No. 21-82 Glinski (as per Application for Consent Nos. E56-21, E57-
21, E58-21))
a)
Defined Area
A1-132 as shown on Schedule "A", Map No. 83.
b)
Minimum Lot Frontage
110 metres
5.4.14 a)
Defined Area
A1-14 as shown on Schedule "A", Map No. 85.
b)
Permitted Uses
food processing plant
all other permitted uses of the A1 zone
5.4.15 a)
Defined Area
A1-15 as shown on Schedule "A", Map No. 93.
b)
Permitted Uses
garden centre
all other permitted uses of the A1 zone
5.4.16 a)
Defined Area
A1-16 as shown on Schedule "A", Map No. 94.
b)
Permitted Uses
landing strip
all other permitted uses of the A1 zone
5.4.17 a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
66
A1-17 as shown on Schedule "A", Map No. 46.
b)
Permitted Uses
abattoir accessory to an agricultural use
all other permitted uses of the A1 zone
c)
Maximum Floor Area
abattoir accessory to an agricultural use
300 m2
5.4.18 (added by By-law No. 18-65, Heinrich & Gertruda Bartsch)
a)
Defined Area
A1-18 as shown on Schedule "A", Map No. 77.
b)
Permitted Uses
mini-barn construction business in an existing building
two existing single detached dwellings
all other permitted uses of the A1 zone
c)
Maximum Floor Area
mini-barn construction business in an existing building
223 m2
d)
Maximum No. of Off-Site Employees
5
5.4.19 (Added by By-law No. 19-82 H & G Van Kasteren (As per Application for Consent No.
E 32/19))
a)
Defined Area
A1-19 and A1-19-H-1 as shown on Schedule "A", Map No. 35.
b)
Minimum Lot Area
12 ha
5.4.20 (Added by By-law No. 22-22 (Loewen))
a)
Defined Area
A1-20-H-1 as shown on Schedule "A", Map No. 47.
b)
Permitted Uses
transport truck repair facility
all other permitted uses of the A1 zone
c)
Prohibited Uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
67
outdoor storage in a front yard
d)
Maximum Number Of Transport Trucks
10
e)
Maximum Number Of Full-Time Employees (Non-Owner) 1
5.4.21 (Added by By-law No. 22-42 (Howe) as per application for Consent No. E 17/22)
a)
Defined Area
A1-21 as shown on Schedule 'A', Map No. 61.
b)
Minimum Lot Area
4.16 ha
5.5
SPECIAL AGRICULTURAL (A2) ZONE - 'SITE-SPECIFIC' ZONES
5.5.1 (Added by By-law No. 18-41 L. Dawson & 943448 Ont. Inc.)
a)
Defined Area
A2-1 as shown on Schedule "A", Map No. 7.
b)
Minimum Lot Area
19 ha
5.5.2 (Added by By-law No. 19-31 1788165 Ontario Inc. (Demaree) (As per Application for Consent
No. E 90/18))
a)
Defined Area
A2-2 as shown on Schedule "A", Map No. 90.
b)
Minimum Lot Frontage
145 m
5.5.3 (Added by By-law No. 19-61 DeRyk (As per Application for Consent No. E 98/18))
a)
Defined Area
A2-3 as shown on Schedule "A", Map No. 59.
b)
Minimum Lot Frontage
65 m
c)
Minimum Side Yard Width
existing accessory building
3.1 m
5.5.4 (Added by By-law No. 19-78, (further amended by By-law 20-70) N Silverthorn (As per
Application for Consent No. E 28/19)
a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
68
A2-4 as shown on Schedule "A", Map No. 55.
b)
Minimum Lot Area
7.3 ha
c)
Minimum Lot Frontage
100 m
5.5.5 (Added by By-law No. 20-49 Niholm Holsteins Ltd. (As per Application for Consent No. E 87/19)
a)
Defined Area
A2-5 as shown on Schedule "A", Map No. 24.
b)
Minimum Lot Area
19.5 ha
5.5.6 (Added by By-law No. 20-69 T & S Pettit)
a)
Defined Area
A2-6 as shown on Schedule "A", Map No. 1.
b)
Permitted Uses
food processing plant for the purposes of a milk processing facility
all other permitted uses of the A2 zone
c)
Maximum Floor Area
food processing plant for the purposes
of a milk processing facility
557 m2
5.5.7 (Added by By-law No. 20-77 MacVicar Farms Ltd. (As per Application for Consent No. E 28/20))
a)
Defined Area
A2-7 as shown on Schedule "A", Map No. 17.
b)
Minimum Side Yard Width
existing barn
3.5 m
5.5.8 (Added by By-law No. 20-79 D & J Fehr (As per Application for Consent No. E 22/20))
a)
Defined Area
A2-8 as shown on Schedule "A", Map No. 32.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
69
b)
Minimum Lot Area
3.7 ha
5.5.9 (Added by By-law No. 21-42 Saarloos (As per Application for Consent No. E 31/21))
a)
Defined Area
A2-9 as shown on Schedule 'A', Map No. 44.
b)
Minimum Lot Area
12.7 ha
5.5.10 (Added by By-law No. 21-80 Zimmer As per Application for Consent No. E 22/21))
a)
Defined Area
A2-10 as shown on Schedule 'A', Map Nos. 35 and 36.
b)
Minimum Lot Area
7.16 ha
5.5.11 (Added by By-law No. 22-46 (Rocks / Verhoog) As per Application for Consent No. E 92/21)
a)
Defined Area
A2-11 as shown on Schedule 'A', Map No. 21.
b)
Minimum Lot Frontage
142 m
5.6
LARGE LOT AGRICULTURAL (A3) ZONE - 'SITE-SPECIFIC' ZONES
5.6.1 a)
Defined Area
A3-1 as shown on Schedule "A", Map No. 30.
b)
Permitted Uses
farm equipment sales and service
all other permitted uses of the A3 zone
5.6.2 (Amended by By-law No. 21-60, Deleted by By-law No. 22-50)
5.6.3 a)
Defined Area
A3-3 as shown on Schedule "A", Map No. 40.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
70
b)
Permitted Uses
agricultural home occupation for the purposes of
a bakery and the production of jams and jellies,
including retail sales
all other permitted uses of the A3 zone
c)
Maximum Floor Area
agricultural home occupation for the purposes of
a bakery and the production of jams and jellies,
including retail sales
200 m2
d)
Maximum Number Of Off-site Employees
agricultural home occupation for the purposes of
a bakery and the production of jams and jellies,
including retail sales
4
5.6.4 a)
Defined Area
A3-4 as shown on Schedule "A", Map No. 47.
b)
Permitted Uses
transport truck repair facility
all other permitted uses of the A3 zone
c)
Prohibited Uses
outdoor storage in a front yard
d)
Maximum Number Of Transport Trucks
10
e)
Maximum Number Of Full-Time Employees (Non-Owner) 1
5.6.5 (Added by By-law No. 18-31 Gerry Vanderwyst)
a)
Defined Area
A3-5 as shown on Schedule "A", Map No. 17.
b)
Minimum Lot Area
36 ha
5.6.6 (Added by By-law No. 19-110 J. & L. Walker Farms Ltd.)
a)
Defined Area
A3-6 as shown on Schedule "A", Map No. 49.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
71
b)
Permitted Uses
food processing plant for the purposes of a milk processing facility
all other permitted uses of the A3 zone
c)
Maximum Floor Area
food processing plant for the purposes
of a milk processing facility
1,500 m2
5.7
SMALL LOT AGRICULTURAL (A4) ZONE - 'SITE-SPECIFIC' ZONES
5.7.1 a)
Defined Area
A4-1 as shown on Schedule "A", Map No.4.
b)
Permitted Uses
accessory use
dwelling, single unit
home occupation
c)
Maximum Number Of Single Unit Dwellings
2
5.7.2 a)
Defined Area
A4-2 as shown on Schedule "A", Map No. 10.
b)
Permitted Uses
breeding, caring and selling of Chinchillas
all other permitted uses of the A4 zone
5.7.3 a)
Defined Area
A4-3 as shown on Schedule "A", Map No. 31.
b)
Permitted Uses
riding school
all other permitted uses of the A4 zone
5.7.4 a)
Defined Area
A4-4 as shown on Schedule "A", Map No. 35.
b)
Permitted Uses
accessory use
butcher shop
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
72
dwelling unit
5.7.5 a)
Defined Area
A4-5 as shown on Schedule "A", Map No. 35.
b)
Permitted Uses
storage garage
all other permitted uses of the A4 zone
5.7.6 a)
Defined Area
A4-6 as shown on Schedule "A", Map No. 45.
b)
Permitted Uses
high yield water well
all other permitted uses of the A4 zone
5.7.7 a)
Defined Area
A4-7 as shown on Schedule "A", Map No. 50.
b)
Permitted Uses
farm equipment repair and light manufacturing
single detached dwelling
5.7.8 a)
Defined Area
A4-8 as shown on Schedule "A", Map No. 61.
b)
Permitted Uses
retail store, convenience
dwelling unit
private garage or carport as an accessory use
c)
Maximum Number Of Dwellings
1
d)
Minimum Number Of Parking Spaces
retail store, convenience
5
5.7.9 (Amended by By-law No. 20-17 D. & K. Good)
a)
Defined Area
A4-9 as shown on Schedule "A", Map No. 89.
b)
Permitted Uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
73
animal kennel
market garden
all other permitted uses of the A4 zone
c)
Animal Kennel - Definition
Notwithstanding Section 2.11 of this By-law to the contrary, the boarding of animals shall
not be permitted.
d)
Animal Kennel - Minimum Distance
Notwithstanding Section 5.3.3 of this By-law to the contrary, the minimum distance from a
dwelling located on a separate lot outside a settlement area shall be 125 m.
e)
Animal Kennel - Maximum Number of Dogs
(i)
adult dogs
17
(ii)
puppies
30
f)
Animal Kennel - Maximum Floor Area
Maximum floor area in existing buildings
used for an animal kennel
200 m2
5.7.10 a)
Defined Area
A4-10 as shown on Schedule "A", Map No. 90.
b)
Permitted Uses
commercial greenhouse
fruit and vegetable stand
market garden
all other permitted uses of the A4 zone
5.7.11 a)
Defined Area
A4-11 as shown on Schedule "A", Map No. 92.
b)
Permitted Uses
storage, maintenance and repair of transport trucks and trailers
all other permitted uses of the A4 zone
c)
Maximum Number Of Transport Trucks And Trailers
2
d)
Prohibited Uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
74
outside storage, maintenance and repair of
transport trucks and trailers
5.7.12 (Added by By-law No. 18-40 Skipwell Farms Ltd.)
a)
Defined Area
A4-12 as shown on Schedule "G", Map No. G4.
b)
Maximum Floor Area of an Accessory Building
existing barn
683 sq. m.
5.7.13 (Added by By-law No. 18-67 Lankhuijzen Farms Ltd.)
a)
Defined Area
A4-13 as shown on Schedule "A", Map No. 86.
b)
Minimum Front Yard Depth
10.5 m
c)
Minimum Side Yard Width
existing accessory building
4.5 m
5.7.14 (Added by By-law No. 18-67 Lankhuijzen Farms Ltd.)
a)
Defined Area
A4-14 as shown on Schedule "A", Map No. 86.
b)
Minimum Front Yard Depth
13.5 m
c)
Minimum Side Yard Width
existing single detached dwelling
2.0 m
existing accessory building
4.5 m
d)
Maximum Floor Area
existing accessory building
570 m2
e)
Maximum Lot Coverage
existing accessory building
16.5%
5.7.15 (Added by By-law No. 18-68 Lankhuijzen Farms Ltd.)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
75
a)
Defined Area
A4-15 as shown on Schedule "A", Map No. 92.
b)
Permitted Uses
woodworking and cabinet making business as a home occupation in existing accessory
buildings
all other permitted uses of the A4 zone
c)
Maximum Floor Area
Notwithstanding Section 4.3.4 c) of this By-law to the contrary, a woodworking and cabinet
making business as a home occupation shall not exceed a floor area of 395 m2 in an
existing northernmost accessory building and 424 m2 in an existing southernmost
accessory building.
d)
Maximum Number of Off-site Employees
Notwithstanding Section 4.3.4 f) of this By-law to the contrary, the maximum number of
off-site employees engaged in a woodworking and cabinet making business as a home
occupation shall be limited to three (3).
e)
Minimum Side Yard Width
existing northernmost accessory building
3.3 m
existing southernmost accessory building
3.0 m
d)
Maximum Floor Area
existing northernmost accessory building
395 m2
existing southernmost accessory building
424 m2
existing easternmost accessory building
214 m2
existing westernmost accessory building
252 m2
e)
Maximum Lot Coverage
existing accessory buildings
10.6%
5.7.16 (Added by By-law No. 19-31 1788165 Ontario Inc. (Demaree) (As per Application for Consent
No. E 90/18))
a)
Defined Area
A4-16 as shown on Schedule "A", Map No. 90.
b)
Maximum Floor Area
existing southernmost accessory building
540 m2
5.7.17 (Added by By-law No. 19-44 Skipwell Farms Inc. (As per Application for Consent No. E 56/18))
a)
Defined Area
A4-17 as shown on Schedule "A", Map No. 52.
b)
Minimum Lot Frontage
14.5 m
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
76
c)
Maximum Floor Area
existing accessory building
575 m2
5.7.18 (Added by By-law No. 19-77 B & AM Reymer (As per Application for Consent No. E 27/19))
a)
Defined Area
A4-18 as shown on Schedule "A", Map No. 55.
b)
Minimum Side Yard Width
existing accessory building
4.5 m
c)
Maximum Floor Area
existing accessory building
345 m2
5.7.19 (Added by By-law No. 19-78 N Silverthorn (As per Application for Consent No. E 28/19))
a)
Defined Area
A4-19 as shown on Schedule "A", Map No. 55.
b)
Minimum Side Yard Width
existing accessory building
3.0 m
5.7.20 (Added by General Housekeeping By-law No. 20-70)
a)
Defined Area
A4-20 as shown on Schedule "A", Map No. 58.
b)
Maximum Number of Dwellings
2
c)
Maximum Floor Area
Engine repair shop as a home occupation
in an existing accessory building
109 m2
5.7.21 (Added by By-law No. 20-73 Dohner Farm Ltd. (As per Application for Consent No. E 23/20))
a)
Defined Area
A4-21 as shown on Schedule "A", Map No. 104.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
77
b)
Minimum Side Yard Width
existing westernmost accessory building
4.6 m
existing easternmost accessory building
4.7 m
5.7.22 (Added by By-law No. 20-77 MacVicar Farms Ltd. (As per Application for Consent No. E 28/20))
a)
Defined Area
A4-22 as shown on Schedule "A", Map No. 17.
b)
Minimum Lot Frontage
20 m
b)
Minimum Lot Depth to Lot Frontage Ratio
17:1
5.7.23 (Added by By-law No. 22-03 Empey; Holding Symbol removed by By-law No. 22-28)
a)
Defined Area
A4-23 as shown on Schedule 'A', Map No. 46.
b)
Permitted Uses
motor vehicle repair garage for the purposes
of performing MTO safety inspections and
minor and incidental repairs on trucks
associated with a manure haulage business
all other permitted uses of the A4 zone
c)
Maximum Floor Area
motor vehicle repair garage for the purposes
of performing MTO safety inspections and
minor and incidental repairs on trucks
associated with a manure haulage business
140sq m
d)
Maximum No. of Employees
motor vehicle repair garage for the purposes
of performing MTO safety inspections and
minor and incidental repairs on trucks
associated with a manure haulage business
3
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
78
e)
Prohibited Uses
(i)
the maintenance, repair or safety
inspection of trucks used to transport human
waste
(ii)
the outdoor storage of trucks and
trailers associated with a manure haulage
business
5.7.24 (Added by By-law No. 22-47 (Berkelmans) as per application for Consent No. E 49 / 22)
a)
Defined Area
A4-24 as shown on Schedule 'A', Map No. 31.
b)
Maximum Floor Area of an Accessory Building
Existing detached garage
318 m2
c)
Maximum Building Height of an Accessory Building
Existing detached garage
6.37 m
Existing barn
7.53 m
5.7.25 (Added by By-law No. 22-64 - Desutter - 52339 Talbot Line- as per application for Consent No. E
67-22)
a)
Defined Area
A4-25 as shown on Schedule 'A', Map No. 58.
b)
Minimum Lot Frontage
5.5m
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
79
6.0
RESIDENTIAL ZONES
VILLAGE RESIDENTIAL ONE (VR1) ZONE
The Village Residential One (VR1) Zone applies exclusively to lots used or proposed to be used for single
unit dwellings, duplex dwellings and semi-detached dwellings in the Village of Springfield on lands
designated 'Residential' in the Township's Official Plan. Within the VR1 zone, standards apply to such
matters as lot area, frontage, setbacks from property lines, height and coverage. Lands zoned VR1 are,
or are intended to be, serviced by a municipal sanitary sewage system. A municipal water supply system
is as yet unavailable in the Village.
VILLAGE RESIDENTIAL TWO (VR2) ZONE
The Village Residential Two (VR2) Zone applies to low density residential development situated in the
Village of Port Bruce. The corresponding land use designation in the Township's Official Plan is
'Recreation Residential'. Dwellings are restricted to single unit dwellings and two unit dwellings in a
number of different configurations (e.g. semi-detached dwellings, duplex dwellings, converted dwellings).
Group homes are also permitted. Within the VR2 zone, standards apply to such matters as lot area,
frontage, setbacks from property lines, coverage and height. Standards vary based on dwelling type.
Lands zoned VR2 are, or are intended to be, serviced by a municipal water supply system. A municipal
sanitary sewage system is as yet unavailable in the Village.
HAMLET RESIDENTIAL (HR) ZONE
The Hamlet Residential (HR) Zone applies to residential development comprising single unit dwellings
and converted dwellings in the recognized settlement areas of Avon, Calton, Copenhagen, Kingsmill
Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners. The corresponding
land use designation in the Township's Official Plan is 'Hamlet'. Minimum lot area and minimum lot
frontage requirements are stipulated for the creation of new lots.
RURAL RESIDENTIAL (RR) ZONE
The Rural Residential (RR) Zone applies to residential lots designated 'Agriculture' in the Township's
Official Plan where the size of such lots does not generally exceed 4,000 square metres (approximately
1 acre). Permitted uses are restricted to single unit dwellings and converted dwellings. Bed and breakfast
establishments, home occupations and other accessory uses are also permitted. The RR zone is also
applied, depending on lot size, to a new lot being created by consent for the purposes of disposing a
surplus farm dwelling. Within the RR zone, the minimum lot area is 2000 sq m (0.5 acres). Unlike the
Small Lot Agricultural (A4) zone, the keeping of livestock is not permitted.
MOBILE HOME PARK (MH) ZONE
The Mobile Home Park (MH) Zone applies to lands on which a mobile home park is permitted, being the
placement of mobile homes on leased sites. Mobile home parks are limited to lands designated 'Hamlet',
'Village' and 'Suburban Area' in the Township's Official Plan. Existing mobile home parks are situated at
13488 Imperial Road (Lyons), 9339 Hacienda Road and in Port Bruce.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
80
6.1
PERMITTED USES, BUILDINGS AND STRUCTURES
6.1.1
Main Uses, Buildings and Structures
No lands, buildings or structures shall be erected or used in the zone prescribed except for the
purposes set out in the table below.
6.2
GENERAL USE REGULATIONS
6.2.1
Standards
The standards set out in the table below shall apply in the zones prescribed unless otherwise
stipulated herein to the contrary.
A
B
C
D
E
USES, BUILDINGS & STRUCTURES
VR1
VR2
HR
RR
MH
1
apartment dwelling
2
bed & breakfast establishment
3
boarding house or rooming house
4
community garden as an accessory use
5
converted dwelling
6
double duplex dwelling
7
duplex dwelling
8
group home
9
home occupation
10
mobile home
11
multiple unit dwelling
12
retirement home
13
second dwelling unit
14
semi-detached dwelling
15
single unit dwelling
16
townhouse dwelling
17
triplex dwelling
18
two-unit dwelling
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
81
(Amended by By-law No. 19-08 General Amendment)
6.3
SPECIAL USE REGULATIONS
6.3.1
Municipal Services
In the VR1 and VR2 zones, no dwelling shall be erected or used unless such dwelling is
connected to a municipal water supply system and/or a municipal sanitary sewage system.
6.3.2
Accessory Buildings and Structures
Accessory buildings or structures shall not:
A
B
C
D
E
VR1
VR2
HR
RR
MH
1
Minimum Lot Area (m2)
800
1850
1850
2000
4 ha
2
Minimum Lot Frontage (m)
20
25
25
30
50
3
Minimum Setback (m) from a local road
28
4
Front Yard Depth (m)
6.0
6.0
6.0
10
6.0
5
Side Yard Width - Interior (m)1
2.0
2.0
2.0
3.0
6.0
6
Side Yard Width - Exterior (m)
6.0
6.0
6.0
6.0
7
Rear Yard Depth (m)
7.5
7.5
7.5
10
7.5
8
Maximum Lot Depth to Lot Frontage Ratio
3:1
20
9
Maximum/Minimum Density (uph)
20
10
Maximum Lot Coverage (%)
30
30
30
30
40
11
Maximum Height (m)
10.5
10.5
10.5
10.5
6.0
12
Minimum Floor Area (m2) of a Dwelling
90
75
90
100
56
13
Maximum Floor Area (m2) of an Accessory Building
120
120
150
200
20
14
Minimum Landscaped Open Space (%)
30
30
30
30
15
Maximum Number of Dwellings per Lot
1
1
1
1
16
Minimum Distance from a Dwelling to a Railway (m)
30
30
30
120
FOOTNOTES
where the lot line is a dividing wall of a semi-detached dwelling, no minimum
side yard is required
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
82
a) be used for human habitation except as otherwise permitted herein for a second dwelling
unit;
b) be erected closer to the front lot line or the exterior side lot line than the minimum distance
required for the main building on the lot;
c) be erected in the front yard or, in the case of a corner lot, in the exterior side yard;
d) be erected closer to the road than the dwelling is to that road;
e) (Amended by General Amendment By-law No. 19-08) be erected closer than 1.2 metres to
any lot line except that a common semi-detached private garage or carport may be centred
on the mutual lot line;
f) exceed the maximum floor area prescribed in Section 6.2.1;
g) exceed ten (10) percent coverage of the lot area;
h) (Amended by General Amendment By-law No. 19-08) exceed six (6.0) metres in height or
contain more than two storeys;
i)
be erected within one (1.0) metre of the main building;
j) be considered an accessory building if attached to the main building in any way.
6.3.3
Accessory Buildings in the Rural Residential (RR) Zone
Where an accessory building in the Rural Residential (RR) Zone, as a result of a consent being
given, exceeds the maximum floor area for an accessory building, the said building shall be
deemed to be permitted and may be used, repaired or renovated.
6.3.4
Home Occupations
The following provisions shall apply to home occupations:
a) shall be permitted within a dwelling or within an accessory building;
b) the floor area of the dwelling including the basement area used for the home occupation
shall not exceed twenty-five (25) percent of the floor area of the dwelling or forty (40) square
metres, whichever is the lesser;
c) the floor area of an accessory building used for the home occupation shall not exceed
seventy-five (75) square metres except in the Rural Residential (RR) Zone where the floor
area of an accessory building used for a home occupation shall not exceed one hundred
(100) square metres;
d) the character of the dwelling as a residence shall not change or a nuisance, particularly in
regard to noise, odour, traffic or parking shall not be created;
e) mechanical equipment shall not be used, the operation of which would result in any noise,
fumes, dust or odours perceptible outside the dwelling or accessory building;
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
83
f) the maximum number of persons engaged in the home occupation but who reside on a lot
other than the lot on which the home occupation is conducted shall be limited to one (1).
6.3.5
Single Unit Dwellings - Minimum Distance Separation (MDS I)
In the Rural Residential (RR) Zone, no single unit dwelling shall be erected or used except in
accordance with Minimum Distance Separation I (MDS I) as established by the Province, as
amended, and implemented under the guidelines established by the Province, as amended. The
foregoing shall not apply to the alteration of an existing dwelling or the replacement of an existing
dwelling with a new dwelling provided the new dwelling is situated no closer to a livestock
building or structure or manure storage facility than the dwelling being altered or replaced.
6.4
VILLAGE RESIDENTIAL ONE (VR1) ZONE - 'SITE-SPECIFIC' ZONES
6.4.1 a)
Defined Area
VR1-1 as shown on Schedule "D", Map No. 2.
b)
Permitted Uses
motorcycle shop
all other permitted uses of the VR1 zone
6.4.2 a)
Defined Area
VR1-2 as shown on Schedule "D", Map No. 2.
b)
Permitted Uses
construction and woodworking shop
all other permitted uses of the VR1 zone
6.4.3 a)
Defined Area
VR1-3 as shown on Schedule "D", Map No. 1.
b)
Minimum Side Yard Width
1.5 m
6.4.4 (Added by By-law No. 20-58 Near and Boegel)
a)
Defined Area
VR1-4 as shown on Schedule "D", Map No. D2.
b)
Minimum Front Yard Depth
Second Dwelling Unit
1.8 m
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
84
c)
Maximum Floor Area
Second Dwelling Unit
60 m2
6.5
VILLAGE RESIDENTIAL TWO (VR2) ZONE - 'SITE-SPECIFIC' ZONES
6.5.1 a)
Defined Area
VR2-1 as shown on Schedule "O", Map No. 3.
b)
Permitted Uses
accessory use
commercial uses accessory to seasonal dwelling units
one single unit dwelling on one lot
6.6
HAMLET RESIDENTIAL (HR) ZONE - 'SITE-SPECIFIC' ZONES
6.6.1 a)
Defined Area
HR-1 as shown on Schedule "C".
b)
Permitted Uses
truck top manufacturer
all other permitted uses of the HR zone
6.6.2 a)
Defined Area
HR-2 as shown on Schedule "E".
b)
Permitted Uses
motor vehicle body shop as an accessory use
all other permitted uses of the HR zone
c)
Prohibited Uses
outside storage
d)
Maximum Floor Area
motor vehicle body shop as an accessory use
237.8 m2
e)
Maximum Number of Off-site Employees
motor vehicle body shop as an accessory use
3
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
85
f)
Minimum Number of Parking Spaces
motor vehicle body shop as an accessory use
3
g)
Maximum Height
exhaust stack ancillary to motor vehicle
body shop as an accessory use
7.62 m
6.6.3 a)
Defined Area
HR-3 as shown on Schedule "L".
b)
Permitted Uses
sorting and storage of scrap metals within a 98.1 m2
building as an accessory use
all other permitted uses of the HR zone
c)
Prohibited Uses
no scrap metals or materials associated with the business
shall be stored outside, with the exception of temporary storage
within a maximum of 3 trailers each having a maximum
volume of 17 m3.
6.6.4 a)
Defined Area
HR-4 as shown on Schedule "L".
b)
Permitted Uses
fruit and vegetable stand
market garden
one single detached dwelling
6.7
RURAL RESIDENTIAL (RR) ZONE - 'SITE-SPECIFIC' ZONES
6.7.1 (Added by By-law No. 19-61 DeRyk (As per Application for Consent No. E 98/18))
a)
Defined Area
RR-1 as shown on Schedule "A", Map No. 59.
b)
Minimum Lot Area
1,750 m2
6.7.2 (Added by By-law No. 19-93 DeRyk (As per Application for Consent No. E 97/18))
a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
86
RR-2 as shown on Schedule "A", Map No. 62.
b)
Minimum Lot Area
1,875 m2
c)
Minimum Lot Frontage
25 m
6.7.3 (Added by By-law No. 20-60 2660711 Ontario Inc. (Jake Penner) As per Township of Malahide
Official Plan Amendment No. 18)
a)
Defined Area
RR-3 as shown on Schedule "H"
b)
Permitted Uses
townhouse dwelling
accessory uses
c)
Minimum Front Yard Depth
25 m
d)
Minimum Side Yard Width
3.0 m
e)
Minimum Rear Yard Depth
64 m
f)
Maximum Floor Area
townhouse dwelling
410 sq m
g)
Maximum No. of Dwelling Units in
a Townhouse Dwelling
4
6.7.4 (Added by By-law No. 20-78 Nicholson (As per Consent Application No. E 31/20))
a)
Defined Area
RR-4 as shown on Schedule 'A', Map No. 63.
b)
Minimum Side Yard Width
existing accessory building
1.0 m
6.7.5 (Added by By-law No. 21-49 (Balazy))
a)
Defined Area
RR-5 as shown on Schedule 'H'
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
87
b)
Accessory Building
i) Notwithstanding Sub-sections 6.3.2 b), c), and d), an accessory building described as
a detached garage is permitted in front of the existing dwelling.
ii) The location of the accessory building described in i) above shall be on the east-side
of the subject property, and no closer than 6.0 m to the front lot line.
6.8
MOBILE HOME PARK (MH) ZONE - 'SITE-SPECIFIC' ZONES
6.8.1 a)
Defined Area
MH-1 as shown on Schedule "C".
b)
Minimum Lot Frontage
for a mobile home site where there is a public
or communal water supply
15.2 m
c)
Minimum Separation Distance
between a mobile home site and a sewage
disposal lagoon or a solid waste disposal site
185 m
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
88
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
89
7.0
COMMERCIAL ZONES
GENERAL COMMERCIAL (GC) ZONE
The General Commercial (GC) Zone applies to lands comprising the historic downtown cores in the
settlement areas of Springfield and Port Bruce and designated 'Commercial' in the Township's Official
Plan. Within the GC zone, a broad range of commercial uses are permitted which, for the most part, are
engaged in the selling and offering of goods and services. Also permitted are institutional uses and
residential uses. Minimum setbacks do not generally apply and maximum building coverage is permitted.
To ensure commercial uses remain prominent at 'street level', residential uses are restricted to locations
above the first floor with the exception of free-standing multiple unit dwellings. Commercial fishing
operations in Port Bruce, which were previously permitted in the Flood Fringe (FF) Zone in the Township's
former Zoning By-law, are now recognized through the application of "site-specific" (GC-#) zoning.
HAMLET COMMERCIAL (HC) ZONE
The Hamlet Commercial (HC) Zone applies to lands situated in the settlement areas of Avon, Calton,
Copenhagen, Kingsmill Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners.
The corresponding land use designation in the Township's Official Plan is 'Hamlet'. Within the HC zone,
commercial uses are permitted characterized by those which are small in scale and which are compatible
with the predominantly residential character of these small settlement areas. Due to the unavailability of
a municipal sanitary sewage system and a municipal water supply system, minimum lot areas apply to
the creation of new lots.
RURAL COMMERCIAL (RC) ZONE
The Rural Commercial (RC) Zone applies to lands situated outside of the designated settlement areas in
the rural area of the Township. It applies to non-agriculturally related commercial uses largely in existence
prior to the adoption of the Township's Official Plan which serves to generally prohibit such uses due to
their potential incompatibility with agriculture and their impact on the loss of agricultural land for non-
agricultural related purposes. In addition, a range of vehicular-oriented commercial uses are permitted
which rely upon large lot areas to accommodate building coverage, off-street parking, outside storage
and display. Unlike the compact commercial development which is characteristic of the settlement areas,
minimum setbacks are applied to ensure, amongst other matters, adequate building setbacks, on-site
landscaping and parking.
HIGHWAY COMMERCIAL (HWC) ZONE
The Highway Commercial (HWC) Zone applies to existing commercial uses outside of Springfield and
Port Bruce and outside of the designated hamlets. It also applies to lands situated at the periphery of
Springfield fronting on Highway No. 3. The HWC Zone permits a wide range of commercial uses which
typically seek out sites on well travelled highways and county roads with ample on-site parking for the
purpose of meeting the needs of the motoring public.
LOCAL COMMERCIAL (LC) ZONE
The Local Commercial (LC) Zone applies to lands situated within both urban and rural designations in
the Township's Official Plan. Cottage type industries (light assembly and fabrication) are permitted, that
is, uses that generally fall between the characteristics of a home occupation and a full scale commercial
or industrial use. The types of uses include craft and tourism type businesses, bed and breakfast
establishments and other hobby establishments which are small in scale and non-noxious, non-intrusive
and generally do not generate high volumes of vehicular traffic. To encourage owner/operator occupancy
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
90
of these establishments, a single unit dwelling is permitted as an accessory use to the main permitted
uses in the LC Zone.
7.1
PERMITTED USES, BUILDINGS AND STRUCTURES
7.1.1
Main Uses, Buildings and Structures
No lands, buildings or structures shall be erected or used in the zone prescribed except for the
purposes set out in the table below.
A
B
C
D
E
USES, BUILDINGS & STRUCTURES
GC
HC
RC
HWC
LC
1
animal clinic
2
animal hospital
3
art gallery
4
auction sales establishment
5
bake shop
6
banquet hall
7
bed & breakfast establishment
8
boarding house or rooming house
9
building supply outlet
*
10
bulk sales establishment
11
car wash
12
caterer's establishment
13
clinic
14
club
15
commercial fishing operation
*
16
contractor's yard or shop
17
custom workshop
18
drive-through restaurant
19
dry cleaning establishment
20
dwelling unit as an accessory use
21
farm equipment sales & service
22
farm fuel sales
23
fitness centre
24
flea market
25
funeral home
26
garden centre
27
gas bar
28
hotel
29
institutional use
30
laundry establishment
31
library
32
light assembly and fabrication
33
market garden
34
micro brewery
35
mini-storage warehouse
36
mobile food outlet
37
motor vehicle body shop
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
91
A
B
C
D
E
USES, BUILDINGS & STRUCTURES
GC
HC
RC
HWC
LC
38
motor vehicle repair garage
39
motor vehicle sales establishment
40
motor vehicle service establishment
41
multiple unit dwelling
42
museum
43
office, business or professional
44
parking lot
45
personal care establishment
46
personal service establishment
47
place of entertainment or amusement
48
private school
49
restaurant
50
retail store
51
retail store, convenience
52
service shop
53
single unit dwelling as an accessory use
54
take-out restaurant
* permitted only in site-specific zones
7.2
GENERAL USE REGULATIONS
7.2.1
Standards
(Amended by General Amendment By-law No. 19-08)
The standards set out in the table below shall apply in the zones prescribed unless otherwise
stipulated herein to the contrary.
A
B
C
D
E
STANDARDS
GC
HC
RC
HWC
LC
1
Minimum Lot Area (m2)
800
1850
4000
4000
1850
2
Minimum Lot Frontage (m)
20
25
40
30
30
3
Minimum Setback (m) from a local
road
28
28
28
4
Front Yard Depth (m)
6.0
6.0
10
15
6.0
15
5
Side Yard Width - Interior (m)
4.5
2.0
5.0
5.0
2.0
5.0
6
Side Yard Width - Exterior (m)
6.0
10
9.0
6.0
9.0
7
Rear Yard Depth (m)
7.5
3.0
7.5
3.0
7.5
7.5
7.5
8
Maximum Lot Coverage (%)
60
40
40
40
40
9
Maximum Height (m)
12
12
12
12
10.5
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
92
A
B
C
D
E
STANDARDS
GC
HC
RC
HWC
LC
10
Maximum Floor Area (m2)
(all floors)
929
7.3
SPECIAL USE REGULATIONS
7.3.1
Accessory Buildings and Structures
Accessory buildings and structures shall not:
a) be erected closer to the front line or a side lot line than the minimum distance required for
the main building or structure on the lot;
b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard;
c) (Amended by General Amendment By-law No. 19-08) be erected closer than one (1.2)
metres to any lot line;
d) exceed ten (10) percent lot coverage;
e) (Amended by General Amendment By-law No. 19-08) exceed six (6.0) metres in height or
contain more than two storeys.
7.3.2
Convenience Retail Stores
Convenience retail stores shall not exceed a floor area of greater than 300 square metres.
7.3.3
Dwelling Units - General Commercial (GC) Zone
On lands zoned General Commercial (GC):
a) dwelling units and multiple unit dwellings as an accessory use shall only be permitted if
located within and above the ground floor of the building in which it is situated.
b) dwelling units as an accessory use shall have a minimum lot area of 460 square metres per
unit in addition to the minimum lot area requirement of Section 7.2.1.
FOOTNOTES
where the yard abuts a residential zone
3.0 m on one side and 1.0 m on the other side
all other cases
lands situated in settlement areas
lands situated outside settlement areas
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
93
7.3.4
Front Yard Depth - General Commercial (GC) Zone
On lands zoned General Commercial (GC), no minimum front yard depth shall be required on
lands fronting along Ron McNeil Line between Inverness Street and Springfield Road
7.3.5
Gatehouses and Kiosks
A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10)
square metres in floor area shall be permitted in any required setback, front yard or exterior side
yard.
7.3.6
Existing Single Unit Dwellings
The alteration of an existing single unit dwelling or the erection or alteration of buildings
accessory thereto shall be permitted in accordance with the regulations of the Rural Residential
(RR) Zone.
7.3.7 Outside Storage
Outside storage as an accessory use shall not:
a) be permitted in a front yard except for sales displays of vehicles, equipment or machinery;
b) be permitted within any required yard;
c) be permitted within three (3.0) metres of a lot line;
d) exceed twenty-five (25) percent of the area of the lot on which it is located.
7.3.8 Minimum Lot Area - Drive-through Restaurants
a) on corner lots zoned General Commercial (GC)
1500m²
7.3.9 Minimum Lot Frontage - Drive-through Restaurants
30 m
7.4
GENERAL COMMERCIAL (GC) ZONE - 'SITE-SPECIFIC' ZONES
7.4.1 a)
Defined Area
GC-1 as shown on Schedule "D", Map No. 1.
b)
Permitted Uses
one single unit dwelling
all other permitted uses of the GC zone
7.4.2 a)
Defined Area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
94
GC-2 as shown on Schedule "D", Map No. 2.
b)
Permitted Uses
three ground floor dwelling units
all other permitted uses of the GC zone
7.4.3 a)
Defined Area
GC-3 as shown on Schedule "D", Map No. 2.
b)
Permitted Uses
building supply outlet
7.4.4 a)
Defined Area
GC-4 as shown on Schedule "D", Map No. 2.
b)
Permitted Uses
retail store for carpeting and home furniture
all other permitted uses of the GC zone
7.4.5 (Added by By-law 21-31 Renton)
a)
Defined Area
GC-5 as shown on Schedule 'A', Map No. O4.
b)
Permitted Uses
i. Three (3) existing single-unit residential dwellings are permitted accessory to a
commercial use, and in accordance with the following:
a. Existing buildings and structures can be repaired or reconstructed provided such
does not involve an increase in the total ground floor area of those buildings and
structures beyond that which existed on the effective date of the Zoning By-law;
and,
b. The property shall become subject to site plan control prior to any buildings and
structures being repaired or reconstructed as per a. above.
ii. all other permitted uses of the GC zone
7.5
HAMLET COMMERCIAL (HC) ZONE - 'SITE-SPECIFIC' ZONES
7.5.1 a)
Defined Area
HC-1 as shown on Schedule "J".
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
95
b)
Permitted Uses
garden centre
7.6
RURAL COMMERCIAL (RC) ZONE - 'SITE-SPECIFIC' ZONES
7.6.1 a)
Defined Area
RC-1 as shown on Schedule "A", Map No. 4.
b)
Permitted Uses
antique shop
all other permitted uses of the RC zone
7.6.2 a)
Defined Area
RC-2 as shown on Schedule "A", Map No. 18.
b)
Maximum Number of Vehicles
motor vehicle sales establishment
10
7.6.3 a)
Defined Area
RC-3 as shown on Schedule "A", Map No. 18.
b)
Maximum Number of Vehicles
motor vehicle sales establishment and
motor vehicle repair garage
8
7.6.4 a)
Defined Area
RC-4 as shown on Schedule "A", Map No. 32.
b)
Permitted Uses
aircraft hangar
farm equipment sales and service
one dwelling unit as an accessory use
motor vehicle repair garage
c)
Maximum Number of Vehicles
motor vehicle repair garage
20
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
96
7.6.5 a)
Defined Area
RC-5 as shown on Schedule "A", Map No. 35.
b)
Permitted Uses
furniture warehouse
all other permitted uses of the RC zone
7.6.6 a)
Defined Area
RC-6 as shown on Schedule "A", Map No. 46.
b)
Permitted Uses
tire storage
all other permitted uses of the RC zone
7.6.7 a)
Defined Area
RC-7 as shown on Schedule "A", Map No. 55.
b)
Maximum Number of Vehicles
motor vehicle sales establishment
10
7.6.8 a)
Defined Area
RC-8 as shown on Schedule "A", Map No. 57.
b)
Permitted Uses
bakery
food processing
retail store and wholesale outlet accessory to a bakery
and food processing
all other permitted uses of the RC zone
7.6.9 a)
Defined Area
RC-9 as shown on Schedule "A", Map No. 61.
b)
Permitted Uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
97
pottery shop
all other permitted uses of the RC zone
7.6.10 a)
Defined Area
RC-10 as shown on Schedule "A", Map No. 69.
b)
Maximum Number of Vehicles
motor vehicle sales establishment and
motor vehicle service establishment
6
7.6.11 a)
Defined Area
RC-11 as shown on Schedule "A", Map No. 89.
b)
Maximum Number of Vehicles
motor vehicle sales establishment
40
7.6.12 a)
Defined Area
RC-12 as shown on Schedule "G", Map No. 2.
b)
Permitted Uses
pneumatic and hydraulic pumps sales and service
all other permitted uses of the RC zone
7.6.13 a)
Defined Area
RC-13 as shown on Schedule "G", Map No. 4.
b)
Permitted Uses
car wash
furniture stripping and repair
all other permitted uses of the RC zone
7.6.14 a)
Defined Area
RC-14 as shown on Schedule "G", Map No. 4.
b)
Permitted Uses
commercial aviary
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
98
all other permitted uses of the RC zone
7.6.15 a)
Defined Area
RC-15 as shown on Schedule "H"
b)
Maximum Number of Vehicles
motor vehicle sales establishment
8
7.6.16 (Added by By-law No. 19-89 PH Engineering Solutions Inc.)
a)
Defined Area
RC-16 as shown on Schedule "A", Map No. 83.
b)
Permitted Uses
business or professional office for performing engineering work in the automation and
electrical fields including, but not limited to, testing, debugging drives, autonomous
vehicles, control panels and similar equipment.
7.7
HIGHWAY COMMERCIAL (HWC) ZONE - 'SITE-SPECIFIC' ZONES
7.7.1 a)
Defined Area
HWC-1 as shown on Schedule "A", Map No. 54.
b)
Permitted Uses
retail food store including catering and take-out restaurant
one dwelling unit
all other permitted uses of the HWC zone
c)
Maximum Floor Area
permitted commercial uses
330 m2
7.7.2 a)
Defined Area
HWC-2 as shown on Schedule "A", Map No. 54.
b)
Permitted Uses
duplex dwelling
all other permitted uses of the HWC zone
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
99
7.7.3 a)
Defined Area
HWC-3 as shown on Schedule "A", Map No. 44.
b)
Permitted Uses
transfer site for recycled materials
all other permitted uses of the HWC zone
7.7.4 a)
Defined Area
HWC-4 as shown on Schedule "H".
b)
Permitted Uses
truck terminal
all other permitted uses of the HWC zone
c) Storage and Parking Restrictions
for Commercial Vehicles
A maximum of 35 commercial vehicles are permitted to be stored, parked or serviced.
Commercial vehicles shall include, but not be limited to, transport truck cabs or trailers,
where each truck cab or each truck trailer shall count as one commercial vehicle.
7.7.5 a)
Defined Area
HWC-5 as shown on Schedule "H".
b)
Permitted Uses
petroleum sales and storage
all other permitted uses of the HWC zone
7.8
LOCAL COMMERCIAL (LC) ZONE - 'SITE-SPECIFIC' ZONES
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
100
(This Page Left Blank Intentionally)
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
101
8.0
INDUSTRIAL ZONES
GENERAL INDUSTRIAL (M1) ZONE
The General Industrial (M1) Zone applies to lands used for small-scale industrial purposes in designated
'Hamlets' as well as for large-scale industrial uses in the Village of Springfield and designated 'Suburban
Areas'. Within the M1 zone, a wide range of industrial uses are permitted as well as certain commercial
uses that are considered compatible with industrial areas or share similar attributes with industrial uses.
Uses include bulk sales establishments, contractor's yards or shops, industrial uses, machine shops and
motor vehicle repair garages and warehouses. Standards apply with respect to lot area, lot frontage,
setbacks from property lines and lot coverage. Buffering, landscaping, surface drainage, parking areas
and similar features are usually addressed separately as a matter of site plan control.
RURAL INDUSTRIAL (M2) ZONE
The Rural Industrial (M2) Zone applies to non-agriculturally related commercial and industrial uses in the
rural area of the Township. A range of industrial uses are permitted including bulk sales establishments,
contractor's yards or shops, machine shops and service shops. A dwelling unit is permitted as an
accessory use. Similar to the RC zone, the M2 zone applies to non-agriculturally related industrial and
industrial-like uses largely in existence prior to the adoption of the Township's Official Plan which serves
to generally prohibit such uses due to their potential incompatibility with agriculture and their impact on
the loss of agricultural land for non-agricultural related purposes. Standards apply with respect to lot area,
lot frontage, setbacks from property lines and lot coverage. Buffering, landscaping, surface drainage and
parking areas are usually addressed separately as a matter of site plan control.
FARM INDUSTRIAL (M3) ZONE
The Farm Industrial (M3) Zone applies primarily to agriculturally related commercial and industrial uses
on lands designated 'Agricultural' in the Township's Official Plan. Permitted uses include abattoirs,
agricultural sales establishments, feed mills, grain handling facilities and livestock marketing yards. A
dwelling unit is permitted as an accessory use. The Official Plan permits agriculturally related commercial
and industrial uses in areas designated 'Agricultural' where it is necessary that they be in close proximity
to agricultural operations or where the potential for conflict makes such uses unsuited to settlement areas.
Standards apply with respect to lot area, lot frontage, setbacks from property lines and lot coverage.
Buffering, landscaping, surface drainage and parking areas are usually addressed separately as a matter
of site plan control.
EXTRACTIVE INDUSTRIAL (M4) ZONE
The Extractive Industrial (M4) Zone applies to pits and quarries licensed under the Aggregate Resources
Act on lands designated 'Mineral Resource Areas' in the Township's Official Plan. Permitted uses are
generally limited to licensed pits and quarries. Other uses permitted include agricultural uses and forestry.
Matters associated with the actual operation of a licensed pit (e.g. truck haul routes, hours of operation,
limits of excavation, buffering, rehabilitation) are specified as part of the pit licensing requirements.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
102
8.1
PERMITTED USES, BUILDINGS AND STRUCTURES
8.1.1
Main Uses Buildings and Structures
No lands, buildings or structures shall be erected or used in the zone prescribed except for the
purposes set out in the table below.
A
B
C
D
USES, BUILDINGS & STRUCTURES
M1
M2
M3
M4
1
abattoir
2
agricultural sales establishment
3
agricultural use
4
animal hospital
5
auction sales establishment
6
building supply outlet
7
bulk sales establishment
8
car wash
9
contractor's yard or shop
10
custom workshop
11
dog pound
*
12
dry cleaning establishment
13
dwelling unit as an accessory use
14
factory outlet as an accessory use
15
farm equipment sales & service
16
farm fuel sales
17
feed mill
18
fertilizer plant
19
food processing plant
20
forestry use
21
grain handling facility
22
industrial use
23
livestock marketing yard
24
machine shop
25
micro brewery
26
mini-storage warehouse
27
motor vehicle body shop
28
motor vehicle repair garage
29
motor vehicle service establishment
30
outside storage
31
pit or quarry
32
propane transfer facility
33
salvage yard
*
34
sawmill
35
service shop
36
sewage treatment plant
*
37
truck terminal
38
warehouse
39
waste disposal site
*
* only in site-specific zones
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
103
8.2
GENERAL USE REGULATIONS
8.2.1
Standards
The standards set out in the table below shall apply in the zones prescribed unless otherwise
stipulated herein to the contrary.
(Amended by General Amendment By-law No. 19-08)
8.3
SPECIAL USE REGULATIONS
8.3.1
Accessory Buildings and Structures
Accessory buildings and structures shall not:
a) be erected closer to the front line or a side lot line than the minimum distance required for
the main building or structure on the lot;
b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard;
c) (Amended by General Amendment By-law No. 19-08) be erected closer than 1.2 metres to
any lot line;
d) exceed ten (10) percent lot coverage;
e) (Amended by General Amendment By-law No. 19-08) exceed six (6.0) metres in height or
contain more than two storeys.
A
B
C
D
STANDARDS
M1
M2
M3
M4
1
Minimum Lot Area (m2)
800
4000
4000
4000
2
Minimum Lot Frontage (m)
30
30
30
150
3
Minimum Setback (m) from a local road
28
28
4
Front Yard Depth (m)
15
15
15
5
Lot Depth (m)
30
6
Side Yard Width (m)
15
7.5
15
7.5
15
7.5
7
Rear Yard Depth (m)
15
7.5
15
7.5
15
7.5
8
Maximum Lot Coverage (%)
40
40
40
20
9
Maximum Height (m)
12
12
12
12
10
Minimum Landscaped Open Space (%)
10
10
10
FOOTNOTES
where the yard abuts a residential zone
all other cases
refer Section 8.3.6
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
104
8.3.2
Buffer Strip
Buffer strips shall be established as follows:
a) Where a lot or portion thereof in the General Industrial (M1) Zone abuts a lot or portion
thereof in any residential zone, a strip of land not less than three (3.0) metres in width
adjacent to the lot or portion thereof zoned for residential purposes shall not be used for any
other purpose other than a buffer strip.
b) Where a lot or portion thereof in the Extractive Industrial (M4) Zone abuts a lot or portion
thereof in any residential zone, institutional zone, or open space zone, a strip of land not less
than thirty (30) metres in width adjacent to the lot or portion thereof zoned for residential,
institutional or open space purposes shall not be used for any other purpose other than a
buffer strip.
8.3.3
Dwelling Units
A dwelling unit as an accessory use shall:
a) have a minimum floor area of forty (40) square metres;
b) be located within or be contiguous to the main building;
c) be used as the residence of the owner or operator; or an employee of the owner or operator
of the main use which it is accessory to;
d) be limited to a maximum on one (1) on a lot.
8.3.4
Gatehouses and Kiosks
A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10)
square metres in floor area shall be permitted in any required setback, front yard or exterior side
yard.
8.3.5
Factory Outlet
A factory outlet as an accessory use shall not:
a) exceed thirty-five (35) percent of the total floor area of the main building;
b) exceed a maximum floor area of thirty (30) square metres.
8.3.6
Minimum Setbacks - Extractive Industrial (M4) Zone
Minimum setbacks shall be established as follows:
a) for the excavation of a pit from a lot line
15 m
b) for the excavation of a pit from a street
or road allowance
30 m
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
105
c) for the excavation of a pit from any occupied
dwelling, residential zone or institutional zone
90 m
d) for buildings, plants, structures or product stockpiles
accessory to the pit and located on the pit property
from a lot line
30 m
e) for buildings, plants, structures or product stockpiles
accessory to the pit and located on the pit property
from any occupied dwelling, residential zone or
institutional zone
90 m
8.3.7
Outside Storage
Outside storage as an accessory use shall not:
a) be permitted within any required yard;
b) exceed seventy-five (75) percent of the area of the lot on which it is located.
8.4
GENERAL INDUSTRIAL (M1) ZONE - 'SITE-SPECIFIC' ZONES
8.4.1 a)
Defined Area
M1-1 as shown on Schedule "F", Map No. F2.
b)
Permitted uses
meat processing facility
retail meat store as an accessory use
one dwelling unit or one mobile home as an accessory use
8.5
RURAL INDUSTRIAL (M2) ZONE - 'SITE-SPECIFIC' ZONES
8.5.1 a)
Defined Area
M2-1 as shown on Schedule "A", Map No. 6.
b)
Maximum Floor Area
auto body shop
301 m2
8.5.2 a)
Defined Area
M2-2 as shown on Schedule "A", Map No. 13.
b)
Permitted uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
106
salvage yard
8.5.3 a)
Defined Area
M2-3 as shown on Schedule "A", Map No. 20.
b)
Permitted uses
motor vehicle sales establishment
paving contractor
8.5.4 a)
Defined Area
M2-4 as shown on Schedule "A", Map No. 36.
b)
Permitted uses
agricultural sales establishment
auction sales establishment
building supply outlet
bulk sales establishment
dwelling unit as an accessory use
farm equipment sales and service
feed mill
machine shop
mini-storage warehouse
motor vehicle repair garage
outside storage
sawmill
service shop
truck terminal
warehouse
8.5.5 a)
Defined Area
M2-5 as shown on Schedule "A", Map No. 39.
b)
Permitted uses
manufacturing of cook-stoves
all other permitted uses of the M2 zone
8.5.6 a)
Defined Area
M2-6 as shown on Schedule "A", Map No. 39.
b)
Permitted uses
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
107
salvage yard
all other permitted uses of the M2 zone
8.5.7 a)
Defined Area
M2-7 as shown on Schedule "A", Map No. 41.
b)
Permitted uses
salvage yard
all other permitted uses of the M2 zone
8.5.8 a)
Defined Area
M2-8 as shown on Schedule "A", Map No. 50.
b)
Permitted uses
manufacturing of nails
all other permitted uses of the M2 zone
8.5.9 a)
Defined Area
M2-9 as shown on Schedule "A", Map No. 57.
b)
Permitted uses
farm equipment sales and service
truck storage and repair
pepper grading terminal
storage and warehousing
woodworking shop
fitness centre accessory to an existing livestock
sales barn and marketing yard
all other permitted uses of the M2 zone
c)
Maximum Floor Area
fitness centre accessory to an existing livestock
sales barn and marketing yard
214 m2
8.5.10 a)
Defined Area
M2-10 as shown on Schedule "A", Map No. 58.
b)
Permitted uses
accessory uses
plastic products manufacturing
one mobile home as an office or as supplementary
housing accessory to the industrial use
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
108
8.5.11 a)
Defined Area
M2-11 as shown on Schedule "A", Map No. 93.
b)
Permitted uses
manufacturing of wood products
all other permitted uses of the M2 zone
8.5.12 a)
Defined Area
M2-12 as shown on Schedule "E".
b)
Permitted uses
welding shop
office accessory to a welding shop
c)
Maximum Floor Area
welding shop
853 m2
office accessory to a welding shop
d)
Maximum Floor Area
office accessory to a welding shop
102 m2
8.5.13 a)
Defined Area
M2-13 as shown on Schedule "G", Map No. 3.
b)
Permitted uses
painting and restoration of portable propane tanks
c)
Maximum Floor Area
building used for the painting and restoration
of portable propane tanks
930 m2
8.5.14 a)
Defined Area
M2-14 as shown on Schedule "G", Map No. 3.
b)
Permitted uses
motor vehicle sales establishment as an accessory use
all other permitted uses of the M2 zone
c)
Maximum Number of Vehicles
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
109
motor vehicle sales establishment as an accessory use
8
8.5.15 a)
Defined Area
M2-15 as shown on Schedule "A", Map No. 42 and Map No. 43.
b)
Permitted uses
sewage treatment plant
8.5.16
(deleted by General Amendment By-law No. 19-08)
8.5.17 (Added by By-law No. 18-31 Gerry Vanderwyst)
a)
Defined Area
M2-17 as shown on Schedule "A", Map No. 17.
b)
Permitted uses
existing single unit dwelling
all other permitted uses of the M2 zone
8.6
FARM INDUSTRIAL (M3) ZONE - 'SITE-SPECIFIC' ZONES
8.6.1 a)
Defined Area
M3-1 as shown on Schedule "A", Map No. 36.
b)
Permitted Uses
motor vehicle repair garage
all other permitted uses of the M3 zone
8.6.2 a)
Defined Area
M3-2 as shown on Schedule "A", Map No. 50.
b)
Permitted Uses
commercial welding and machine shop
commercial use as an accessory use
metal fabricating shop for agricultural equipment
one dwelling unit as an accessory use
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
110
c)
Outside Storage
Outside storage shall be restricted to that portion of the rear yard which does not form
part of the required rear yard.
d)
Minimum Off-Street Parking Spaces
30
8.6.3 (Added by By-law No. 19-24 Paul Wagler)
a)
Defined Area
M3-3-H-1 as shown on Schedule "A", Map No. 48.
b)
Permitted Uses
existing single unit dwelling
food processing plant
furniture finishing establishment
warehouse/showroom accessory to a furniture finishing establishment
c)
Maximum Floor Area
warehouse/showroom accessory to a
furniture finishing establishment
350 m2
food processing plant
600 m2
d)
Minimum Number Of Parking Spaces
one (1) space per 30 m2 of retail floor area
8.6.4 (Added by By-law No. 22-50 Jantzi, Stoll, Reimer)
a)
Defined Area
M3-4 as shown on Schedule 'A', Map No. 39.
b)
Permitted Uses
processing, packaging, storage, and shipping of locally produced
milk/cheese products
two unit dwelling as an accessory use
farm market
c)
Maximum Floor Area
800m2
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
111
8.7
EXTRACTIVE INDUSTRIAL (M4) ZONE - 'SITE-SPECIFIC' ZONES
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
112
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
113
9.0
INSTITUTIONAL, OPEN SPACE & PUBLIC UTILITY ZONES
INSTITUTIONAL (I) ZONE
The Institutional (I) Zone applies to, and may be found in, virtually all land use designations in the
Township's Official Plan where an institutional use either exists or is proposed. A range of institutional
uses is permitted ranging from municipal buildings, places of worship, schools, group homes, nursing
and rest homes and facilities owned and operated by a non-profit organization. Uses similar in character
to institutional uses (e.g. funeral homes) are also permitted. Standards apply with respect to lot area, lot
frontage, setbacks from property lines and lot coverage.
OPEN SPACE (OS) ZONE
The Open Space (OS) Zone applies to and may be found in virtually all land use designations in the
Township's Official Plan and applies generally to lands used or proposed to be used for, parks and
outdoor recreational purposes and cemeteries where buildings and structures are limited. The use of
lands zoned OS for residential purposes is restricted to those situations where accommodation is
necessary for a caretaker whose presence is required on-site. Certain open space uses (e.g.
campgrounds or trailer parks, golf courses, paintball parks) are not permitted as-of-right but rather in 'site-
specific' zones only.
PUBLIC UTILITY (U) ZONE
The Public Utility (U) Zone applies to lands throughout the Township occupied by a utility station which,
by definition, includes a water or sewage pumping station, a water storage reservoir, an electric power
transformer station, a telephone repeater station and a micro-wave tower. These and similar
infrastructure facilities is permitted in all land use designations in the Township's Official Plan.
The use of land by the Township, the County of Elgin, the Catfish Creek Conservation Authority, the
Kettle Creek Conservation Authority, the Long Point Region Conservation Authority and other public
authorities and public utilities are permitted, however, in any zone subject to the general provisions of the
By-law regarding public uses. The Township may however, from time to time and subject to the
requirements of the Planning Act, zone such lands Public Utility (U) for identification purposes as part of
a general or 'housekeeping' amendment to the Zoning By-law.
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
114
9.1
PERMITTED USES, BUILDINGS AND STRUCTURES
9.1.1
Main Uses, Buildings and Structures
No lands, buildings or structures shall be erected or used in the zone prescribed except for the
purposes set out in the table below.
A
B
C
USES, BUILDINGS & STRUCTURES
I
OS
U
1
agricultural use
2
banquet hall
3
campground or trailer park
*
4
cemetery
5
clinic
6
club
7
community centre
8
conservation area
9
day care centre
10
dwelling unit as an accessory use
11
fairgrounds
12
forestry use
13
funeral home
14
golf course
*
15
group home
16
half-way house
17
institutional use
18
library
19
marina
*
20
museum
21
paintball park
*
22
place of worship
23
private park
24
private school
25
public park
26
public school
27
recreational facilities
*
28
retirement home
29
target range
30
single unit dwelling as an accessory use
31
utility station
32
wildlife preserve
* only in site-specific zones
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
115
9.2
GENERAL USE REGULATIONS
9.2.1
Standards
The standards set out in the table below shall apply in the zones prescribed unless otherwise
stipulated herein to the contrary.
(Amended by General Amendment By-law No. 19-08)
9.3
SPECIAL USE REGULATIONS
9.3.1 Accessory Buildings and Structures
Accessory buildings and structures shall not:
a) be erected closer to the road than the minimum setback required for the main building to that
road;
b) be erected closer to the front lot line or a side lot line than the minimum distance required for
the main building or structure on the lot;
A
B
C
STANDARDS
I
OS
U
1
Minimum Lot Area (m2)
1850
550
2
Minimum Lot Frontage (m)
30
3
Minimum Setback (m) from a
local road
28
28
28
4
Front Yard Depth (m)
6.0
15
6.0
1.0
5
Side Yard Width - Interior (m)
2.0
5.0
7.5
1.0
6
Side Yard Width - Exterior (m)
6.0
9.0
1.0
7
Rear Yard Depth (m)
7.5
7.5
71.0
8
Maximum Lot Coverage (%)
40
20
9
Maximum Height (m)
12
10.5
10
Minimum Landscaped Open
Space (%)
30
FOOTNOTES
within a settlement area
outside a settlement area
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
116
c) erected in the front yard or, in the case of a corner lot, in the exterior side yard;
d) (Amended by General Amendment By-law No. 19-08) be erected closer than 1.2 metres to
any lot line;
e) exceed ten (10) percent lot coverage;
f) (Amended by General Amendment By-law No. 19-08) exceed six (6.0) metres in height or
contain more than two (2) storeys;
g) be erected within two (2.0) metres of the main building.
9.3.2 Dwelling Units
A dwelling unit as an accessory use shall:
a) have a minimum floor area of forty (40) square metres;
b) be located within or be contiguous to the main building;
c) be used as the residence of the owner or operator, or an employee of the owner or operator
of the main use which it is accessory to;
d) not exceed twenty-five (25) percent of the total floor area of the main building in which it is
located.
9.3.4 Gatehouses and Kiosks
A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10)
square metres in floor area shall be permitted in any required setback, front yard or exterior side
yard.
9.3.5 Single Unit Dwellings as an Accessory Use
A single unit dwelling as an accessory use shall only be permitted where the size of the lot
exceeds one thousand (1,000) square metres over and above the minimum lot area requirement
of Section 9.2.1.
9.4
INSTITUTIONAL (I) ZONE - 'SITE-SPECIFIC' ZONES
9.4.1 a)
Defined Area
I-1 as shown on Schedule "A", Map No. 62.
b)
Permitted Uses
motor vehicle repair garage and vehicle inspection station
contractor's yard or shop
all other permitted uses of the I zone
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
117
9.4.2 a)
Defined Area
I-2 as shown on Schedule "I".
b)
Prohibited Uses
retirement home
9.5
OPEN SPACE (OS) ZONE - 'SITE-SPECIFIC' ZONES
9.5.1 a)
Defined Area
OS-1 as shown on Schedule "A", Map No. 5.
b)
Permitted Uses
agricultural use
all other permitted uses of the OS zone
9.5.2 a)
Defined Area
OS-2 as shown on Schedule "A", Map No. 74.
b)
Permitted Uses
conservation area
9.5.3 a)
Defined Area
OS-3 as shown on Schedule "H".
b)
Permitted Uses
mobile home park
c)
Maximum Number of Mobile Homes
8
9.5.4 a)
Defined Area
OS-4 as shown on Schedule "O", Map No. O1 and Map No. O2.
b)
Permitted Uses
marina
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
118
all other permitted uses of the OS zone.
9.5.5 a)
Defined Area
OS-5 as shown on Schedule "O", Map No. O4.
b)
Permitted Uses
campground or trailer park
all other permitted uses of the OS zone
9.5.6 a)
Defined Area
OS-6 as shown on Schedule "O", Map No. O4.
b)
Permitted Uses
campground or trailer park
existing single unit dwelling
office addition to an existing single unit dwelling accessory to a campground or trailer
park
pole barn for storage purposes accessory to a campground or trailer park
all other permitted uses of the OS zone.
9.6
PUBLIC UTILITY (U) ZONE - 'SITE-SPECIFIC' ZONES
TOWNSHIP OF MALAHIDE, Comprehensive Zoning By-Law No. 18-22, as amended.
CONSOLIDATED VERSION - January, 2023
119
10.0 ENACTMENT
10.1
CONFLICT WITH OTHER BY-LAWS
Where a provision of this By-law conflicts with a provision of another by-law in force in the
Township, the provision that establishes the higher standard shall prevail.
10.2
REPEAL OF EXISTING BY-LAWS
All previous by-laws passed under Section 34 of the Planning Act shall be deemed to have been
repealed except to the extent that any of the said by-laws prohibits the use of any land, building
or structure for a purpose that is also prohibited by this By-law.
10.3
MINOR VARIANCES AND PERMISSIONS
Notwithstanding Section 10.2 of this By-law to the contrary, where a minor variance or
permission has been granted under Section 45 of the Planning Act or a predecessor thereof
from one or more of the permitted uses or standards of the Township of Malahide Zoning By-
law No. 05-27, as amended, the variance or permission granted shall be deemed to continue to
be in effect, and the use of lands or the erection of any building or structure to which said
variance or permission applies shall be deemed to conform and comply with the permitted uses
and standards of this By-law.
10.4
SEVERABILITY
In the event that any clause or provision of this By-law, including anything contained in the
attached schedules, is for any reason, deemed ultra vires by any Court of competent jurisdiction,
the same shall not affect the validity of the By-law as a whole or any part thereof other than the
section, clause or provision so declared to be invalid and it is hereby declared to be the intention
that all the remaining sections, provisions, and clauses or this By-law shall remain in full force
and effect.
10.5
EFFECTIVE DATE
This By-law shall come into force on the day it is passed subject to the provisions of the Planning
Act.
Read a FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL on
this 5th day of April, 2018.
MAYOR
CLERK