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Village of Merrickville-Wolford Zoning by-law No. 33-25
June 23, 2025
i
Village of Merrickville-Wolford
Zoning By-law No. 33-25
Office Consolidation:
May 2026
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 23, 2025
ii
Table of Contents
1
TITLE ..................................................................................................................................... 1
2
DEFINITIONS ....................................................................................................................... 2
3
GENERAL PROVISIONS .................................................................................................. 35
3.1
Accessory Use ......................................................................................................... 35
3.2
Additional Residential Units (ARUs) ..................................................................... 36
3.3
Automobile Service Stations, Gas Bars, Etc. .......................................................... 37
3.4
Backyard Hens ........................................................................................................ 38
3.5
Bed and Breakfast ................................................................................................... 39
3.6
Buildings to be Moved ............................................................................................ 39
3.7
Non-Conforming/Complying Uses and Exceptions ................................................ 39
3.8
Dangerous Substances ............................................................................................. 43
3.9
Day Nurseries .......................................................................................................... 44
3.10
Dwelling Units Below Grade .................................................................................. 44
3.11
Established Building Line in Built Up Area ........................................................... 44
3.12
Fences ..................................................................................................................... 44
3.13
Frontage on an Opened Street ................................................................................. 45
3.14
Frontage on More Than One Street ......................................................................... 45
3.15
Group Homes .......................................................................................................... 45
3.16
Agricultural Use Restrictions (Hobby Farms) ........................................................ 45
3.17
Holding Zones ......................................................................................................... 46
3.18
Home Occupations .................................................................................................. 46
3.19
Illumination ............................................................................................................. 49
3.20
Kennel ..................................................................................................................... 49
3.21
Landscaped Open Space ......................................................................................... 49
3.22
Loading Space Regulations ..................................................................................... 50
3.23
Minimum Distance Separation ................................................................................ 51
3.24
Mobile Homes and Recreational Vehicles as Temporary Dwellings ..................... 52
3.25
Objects Stored in Yards .......................................................................................... 52
3.26
Occupancy Restrictions ........................................................................................... 53
3.27
Parking Area Regulations ....................................................................................... 53
3.28
Public Uses and Services ........................................................................................ 58
3.29
Setbacks .................................................................................................................. 58
3.30
Sight Triangles and Sight Distance ......................................................................... 60
3.31
Signs ........................................................................................................................ 60
3.32
Site Plan Requirements ........................................................................................... 60
3.33
Temporary Use Zones ............................................................................................. 60
4
ZONES .................................................................................................................................. 62
4.1
Classification ........................................................................................................... 62
4.2
Zone Regulations .................................................................................................... 63
4.3
Metric Measurements .............................................................................................. 63
4.4
Zone Boundaries ..................................................................................................... 63
4.5
Zone Symbols ......................................................................................................... 63
4.6
Exception Zones ...................................................................................................... 63
4.7
Holding Zones ......................................................................................................... 63
4.8
Temporary Use Zones ............................................................................................. 63
4.9
Flood Plain Zones ................................................................................................... 64
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 23, 2025
iii
4.10
Interpretation of Zone Boundaries .......................................................................... 64
5
RESIDENTIAL ZONES ..................................................................................................... 66
5.1
RESIDENTIAL TYPE 2 (R2) ZONE ................................................................................ 66
5.1.1
Permitted Uses ........................................................................................................ 66
5.1.2
Zone Provisions ....................................................................................................... 66
5.1.3
Exception Zones ...................................................................................................... 68
5.1.4
Holding Zones ......................................................................................................... 69
5.2
RESIDENTIAL TYPE 3 (R3) ZONE ................................................................................ 71
5.2.1
Permitted Uses ........................................................................................................ 71
5.2.2
Zone Provisions ....................................................................................................... 71
5.3
LIMITED SERVICES RESIDENTIAL (LSR) ZONE .................................................... 75
5.3.1
Permitted Uses ........................................................................................................ 75
5.3.2
Zone Provisions ....................................................................................................... 75
5.3.3
Special Provisions ................................................................................................... 75
5.3.4
Exception Zones ...................................................................................................... 75
5.4
MOBILE HOME PARK (MHP) ZONE ............................................................................ 76
5.4.1
Permitted Uses ........................................................................................................ 76
5.4.2
Zone Provisions ....................................................................................................... 76
5.4.3
Special Provisions ................................................................................................... 76
5.4.4
Exception Zones ...................................................................................................... 77
6
COMMERCIAL ZONES .................................................................................................... 78
6.1
GENERAL COMMERCIAL (C1) ZONE ......................................................................... 78
6.1.1
Permitted Uses ........................................................................................................ 78
6.1.2
Zone Provisions ....................................................................................................... 79
6.1.3
Exception Zones ...................................................................................................... 79
6.2
LOCAL COMMERCIAL (C2) ZONE .............................................................................. 81
6.2.1
Permitted Uses ........................................................................................................ 81
6.2.2
Zone Provisions ....................................................................................................... 81
6.2.3
Exception Zones ...................................................................................................... 82
6.3
HIGHWAY COMMERCIAL (C3) ZONE ........................................................................ 83
6.3.1
Permitted Uses ........................................................................................................ 83
6.3.2
Zone Provisions ....................................................................................................... 84
6.3.3
Exception Zones ...................................................................................................... 84
6.4
TOURIST COMMERCIAL (C4) ZONE .......................................................................... 86
6.4.1
Permitted Uses ........................................................................................................ 86
6.4.2
Zone Provisions ....................................................................................................... 86
6.4.3
Exception Zones ...................................................................................................... 87
6.5
SHOPPING CENTRE COMMERCIAL (C5) ZONE ...................................................... 88
6.5.1
Permitted Uses ........................................................................................................ 88
6.5.2
Zone Provisions ....................................................................................................... 88
6.5.3
Exception Zones ...................................................................................................... 88
7
INDUSTRIAL ZONES ........................................................................................................ 89
7.1
LIGHT INDUSTRIAL (M1) ZONE .................................................................................. 89
7.1.1
Permitted Uses ........................................................................................................ 89
7.1.2
Zone Provisions ....................................................................................................... 90
7.1.3
Exception Zones ...................................................................................................... 91
7.2
RURAL INDUSTRIAL (M2) ZONE ................................................................................. 92
7.2.1
Permitted Uses ........................................................................................................ 92
7.2.2
Zone Provisions ....................................................................................................... 92
7.2.3
Exception Zones ...................................................................................................... 92
7.3
SALVAGE YARD (M3) ZONE .......................................................................................... 94
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 23, 2025
iv
7.3.1
Permitted Uses ........................................................................................................ 94
7.3.2
Zone Provisions ....................................................................................................... 94
7.3.3
Exception Zones ...................................................................................................... 94
7.4
WASTE DISPOSAL (M4) ZONE ...................................................................................... 95
7.4.1
Permitted Uses ........................................................................................................ 95
7.4.2
Zone Provisions ....................................................................................................... 95
7.4.3
Exception Zones ...................................................................................................... 95
8
INSTITUTIONAL (I) ZONE .............................................................................................. 96
8.1
Permitted Uses ........................................................................................................ 96
8.2
Zone Provisions ....................................................................................................... 96
8.3
Exception Zones ...................................................................................................... 97
9
OPEN SPACE (O) ZONE ................................................................................................... 98
9.1
Permitted Uses ........................................................................................................ 98
9.2
Zone Provisions ....................................................................................................... 98
9.3
Exception Zones ...................................................................................................... 98
10
HAMLET (H) ZONE .......................................................................................................... 99
10.1
Permitted Uses and Zone Provisions ....................................................................... 99
10.2
Exception Zones ...................................................................................................... 99
11
AGRICULTURAL (A) ZONE .......................................................................................... 100
11.1
Permitted Uses ...................................................................................................... 100
11.2
Zone Provisions ..................................................................................................... 100
11.3
Special Provisions ................................................................................................. 100
11.4
Exception Zones .................................................................................................... 101
12
RURAL (RU) ZONE ......................................................................................................... 103
12.1
Permitted Uses ...................................................................................................... 103
12.2
Zone Provisions ..................................................................................................... 103
12.3
Special Provisions ................................................................................................. 103
12.4
Exception Zones .................................................................................................... 104
13
AGGREGATE - PIT (AP) ZONE .................................................................................... 106
13.1
Permitted Uses ...................................................................................................... 106
13.2
Zone Provisions ..................................................................................................... 106
13.2.1
Exception Zones .................................................................................................... 106
14
AGGREGATE - QUARRY (AQ) ZONE ......................................................................... 107
14.1
Permitted Uses ...................................................................................................... 107
14.2
Zone Provisions ..................................................................................................... 107
14.3
Exception Zones .................................................................................................... 107
15
AGGREGATE - RESERVE (AR) ZONE ....................................................................... 108
15.1
Permitted Uses ...................................................................................................... 108
15.2
Zone Provisions ..................................................................................................... 108
15.3
Exception Zones .................................................................................................... 108
16
MINERAL RESOURCE (MR) ZONE ............................................................................ 109
16.1
Permitted Uses ...................................................................................................... 109
16.2
Zone Provisions ..................................................................................................... 109
16.3
Exception Zones .................................................................................................... 109
17
ENVIRONMENTAL PROTECTION (EP) ZONE ........................................................ 110
17.1
Permitted Uses ...................................................................................................... 110
17.2
Zone Provisions ..................................................................................................... 110
17.3
Special Provisions ................................................................................................. 110
17.4
Exception Zones .................................................................................................... 110
18
DEVELOPMENT (D) ZONE ........................................................................................... 111
18.1
Permitted Uses ...................................................................................................... 111
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 23, 2025
v
18.2
Zone Provisions ..................................................................................................... 111
18.3
Exception Zones .................................................................................................... 111
19
ADMINISTRATION, ENFORCEMENT AND PENALTIES ...................................... 112
19.1
Administration ...................................................................................................... 112
19.2
Interpretation ......................................................................................................... 112
19.3
Building and Other Permits ................................................................................... 112
19.4
Certificate of Occupancy....................................................................................... 112
19.5
Application for Permits ......................................................................................... 112
19.6
Inspection .............................................................................................................. 112
19.7
Violations and Penalties ........................................................................................ 113
19.8
Remedies ............................................................................................................... 113
19.9
Validity.................................................................................................................. 113
19.10
Repeal of Existing By-laws ................................................................................... 113
19.11
Approval................................................................................................................ 113
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
VILLAGE OF MERRICKVILLE-WOLFORD
ZONING BY-LAW No. 33-25
A Zoning By-law, being a By-law, comprising the following text and Schedules A and B attached hereto,
for prohibiting the use of land for or except for such purposes as may be set out in this By-law and for
prohibiting the erection, location or use of buildings or structures for or except for such purposes as may
be set out in this By-law within the said lands; and for regulating the character of buildings or structures
to be erected on the said lands.
The Council of the Corporation of the Village of Merrickville-Wolford enacts as follows:
SECTION 1: TITLE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
1
1
TITLE
This By-law may be cited as the "Zoning By-law"
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
2
2
DEFINITIONS
In this By-law, the following meanings shall apply unless the context requires
otherwise.
2A
ABATTOIR: Means a building or structure wherein animals, including poultry,
are slaughtered and processed for packaging, distribution and resale.
ACCESSORY DWELLING (See DWELLING, ACCESSORY)
ACCESSORY USE (See USE, ACCESSORY)
ADULT ENTERTAINMENT: Means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business, or occupation, goods or
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations, where:
1.
"to provide" when used in relation to services includes to furnish,
perform, solicit, or give such services in pursuance of a trade, calling,
business or occupation and "providing", "provided" and "provision"
have corresponding meanings, and
2.
"to provide" when used in relation to goods includes to sell, offer to sell
or display for sale, by retail or otherwise such goods and "providing",
"provided" and "provision" have corresponding meanings.
Notwithstanding the foregoing, adult entertainment shall not include a trade,
calling, business or occupation where the provision or sale of goods or services
appealing to or designed to appeal to erotic or sexual appetites or inclinations is
clearly subordinate to the principal trade of the enterprise. Such exemption shall
include but not be limited to video rental or sales establishments, bookstores and
convenience stores where the revenue generated from the sale or rental of such
goods and services represents less than 30% of the total gross receipts.
AGRICULTURE, GENERAL: shall mean the use of land, buildings, or
structures for agriculture, agri-tourism, agriculture-related and on-farm
diversified uses, as follows:
-
Means the growing of crops, including nursery and horticultural crops;
raising of livestock; raising of other animals for food, fur or fibre, including
poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup
production; and associated on-farm buildings and structures, including, but
not limited to livestock facilities, manure storage, value-retaining facilities,
accommodation for full-time farm labour when the size and nature of the
operation requires additional employment.
-
Agri-tourism uses shall include those farm-related tourism uses, including
limited accommodation such as a bed and breakfast, that promote the
enjoyment, education or activities related to the farm operation.
-
Agriculture-related uses shall include those farm-related commercial and
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
3
farm-related industrial uses that are directly related to farm operations in the
area, support agriculture, benefit from being in close proximity to farm
operations, and provide direct products and/or services to farm operations as
a primary activity.
-
On-farm diversified uses include, but are not limited to, home occupations,
home industries, agri-tourism uses, and uses that produce value-added
agricultural products.
-
Agricultural use shall not include kennels or cannabis production facilities,
both of which are referenced separately in this By-law.
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
4
AGRICULTURE, INTENSIVE: Means use of land, buildings and/or structures
for feedlots and other similar enterprises, mushroom farms, and greenhouses,
and may include an agricultural produce outlet where products grown on the
farm are sold.
AGRI-TOURISM shall mean the use of any lot or building which is
complementary to a principal agricultural use on a lot and which provides
education and activities to experience and enjoy the agricultural way of life in
the rural area. Such activities may include farm machinery and equipment
exhibitions, farm tours, petting zoos, corn mazes, hayrides, sleigh rides,
processing demonstrations, pick your own produce/products, farm-themed
playgrounds, educational facilities that focus on farming instruction or other
similar activities. Agri-tourism may include accessory retail sales.
Intensive
Agriculture
AISLE: Means a portion of a parking lot which abuts one or more off-street
parking spaces to which it provides access, and which is not used for the parking
of vehicles.
Aisle
ALTER: When used in reference to a building or part thereof, it means to
change any one or more of the external dimensions of such building or to
change the type of construction of the exterior walls or roof thereof. When used
in reference to a lot, the word alter means to change the area, frontage or depth
thereof; to change the width, depth or area of any required yard, landscaped
open space or parking lot; or to change the location of any boundary of such lot
with respect to a street or lane, whether such alteration is made by conveyance
or alienation of any portion of such lot, or otherwise. Altered and Alteration
shall have corresponding meanings.
Alter
ANIMAL CARE: Means caring and grooming of domestic animals, excluding
overnight care or accommodation, and shall not include an animal clinic.
Animal
Care
ANIMAL CLINIC: Means a building or part of a building used by veterinarians,
their staff and their patients to provide grooming, medical, or surgical treatments
or similar services and includes overnight care or accommodation.
Animal
Clinic
APARTMENT DWELLING HOUSE: (See DWELLING, APARTMENT
HOUSE)
Apartment Dwelling
House
AREA (See LOT, AREA)
Area
ASPHALT PLANT shall mean a facility that produces and/or recycles asphalt
or similar coated road stone and has equipment designed to heat and dry
aggregate and to mix mineral aggregate with bitumen and/or tar, and includes:
-
The stockpiling and storage of bulk materials used in the process or
finished product(s) manufactured on the premises; and
-
The storage and maintenance of equipment, and facilities for the
administration or management of the business.
-
PORTABLE ASPHALT PLANT shall mean an asphalt plant which is
not of permanent construction, but which is to be dismantled at the
completion of the construction project.
Asphalt Plant
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
5
ASSEMBLY HALL: Means a building or part of a building in which facilities
are provided for civic, educational, political, religious or social purposes and
shall include a banquet hall or private club.
Assembly Hall
ATTACHED: Means 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.
Attached
ATTIC: Means the portion of a building situated wholly or in part within the
roof and which is not a half storey.
AUCTION HALL: Means the sale, by highest bid, of new or used goods, wares,
merchandise, substances, articles or things to the general public, but does not
include the sale of vehicles or livestock.
Attic
Auction Hall
AUTOMOBILE BODY SHOP: Means a building or structure used for complete
motor vehicle repairs to bodies, frames or motors and/or painting, upholstering
and/or complete collision work, but shall not include a wrecking or salvage
yard.
Automobile
Body Shop
AUTOMOBILE CARE: Means a building or a portion of a building where
mufflers, glass, tires or other similar minor parts and items are offered for sale
and installation on motor vehicles.
Automobile
Care
AUTOMOBILE GAS BAR: Means a building and/or structure including fuel
pump islands where gasoline and/or oil is kept for sale with or without
lubricants or other items and accessories associated with the operation of
automobiles and normally sold at a gasoline pump island, but where no
servicing, repair or equipping of motor vehicles is carried on.
Automobile
Gas Bar
AUTOMOBILE RENTAL: Means a parking space or parking lot and/or a
building or part thereof where motor vehicles, as defined by the Highway
Traffic Act, are rented or kept or used for short term (daily) rental purposes.
Automobile
Rental
AUTOMOBILE SALES: Means a building and/or lot where motor vehicles, as
defined by the Highway Traffic Act, are kept for display, sale and/or long-term
lease. Permitted accessory uses may include those normally required for
performing maintenance and repair on motor vehicles, including service centre,
service bays, body shop, storage of parts, etc.
Automobile
Sales
AUTOMOBILE SERVICE STATION: Means a building and/or structure where
retail goods including gasoline, oil, grease, antifreeze, tires, sparkplugs, batteries
and other automobile accessories may be sold incidentally and where minor or
running repairs essential to the operation of motor vehicles are executed or
performed but shall not include any other use otherwise defined herein.
Automobile
Service Station
AUTOMOBILE WASHING ESTABLISHMENT: Means a building or
structure containing facilities for washing automobiles, either by production line
methods and mechanical devices, or by a self-service operation.
Automobile Washing
Establishment
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
6
2B
BACKYARD HEN: Means a female chicken that is at least four months old.
BACKYARD HEN COOP: Means an accessory building where backyard hens
are kept, and which is constructed in accordance with the Animal Control By-
law and contains lockable roofs and doors.
BACKYARD HEN RUN: Means a secure building attached to a backyard hen
coop that allows backyard hens to access outside.
BAKE SHOP: Means a building or portion of a building where baked foods are
made for retail sale on the premises.
Backyard Hen
Backyard Hen Coop
Backyard Hen Run
Bake Shop
BAKERY: Means a building or portion of a building wherein baked foods are
produced and processed for packaging, distribution and resale off the premises.
A bakeshop is a permitted accessory use in a bakery.
Bakery
BASEMENT: Means a portion of a building which is partly underground but
which has at least one-half of its height from finished floor to finished ceiling
above the adjacent finished grade.
Basement
BED AND BREAKFAST: Means a single detached dwelling in which not more
than 5 guest rooms are used to accommodate the traveling or vacationing public
for gain or profit and may include the provision of meals to the guest room
occupants, but shall not include a rooming or boarding house
Bed and
Breakfast
BEVERAGE ROOM: Means a building or portion of a building or premises,
other than a restaurant, where liquor, spirits and food are stored, sold and
consumed and which is licensed under The Liquor License and Control Act.
Beverage
Room
BOARDING OR LODGING HOUSE: (See DWELLING, BOARDING or
LODGING HOUSE).
Boarding or
Lodging House
BUILDING: Means any structure used or intended to be used for shelter,
accommodation or enclosure of persons, animals or chattels other than a lawful
boundary wall or fence.
Building
BUILDING, ACCESSORY: Means a subordinate detached building or structure
designed or intended for the better or more convenient enjoyment of the main
building, to which it is accessory and which is located on the same lot therewith.
An accessory building shall be uninhabitable unless otherwise specifically
permitted.
Accessory
Buildings
BUILDING, MAIN: Means a building designed and used for the principal use
on the lot.
Main Building
BUILDING INSPECTOR: (See CHIEF BUILDING OFFICIAL)
Chief Building Official
BUILDING LINE: Means a line within a lot drawn parallel to a lot line
Building Line
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
7
establishing the minimum distance between that lot line and any portion of a
building or structure which may be erected.
BUILDING SUPPLY OUTLET: Means a building, structure or lot where
building supplies including lumber, siding, roofing, plumbing, electrical,
heating, air conditioning and similar items are kept for display and/or sale and
may include the assembly and/or finishing of the items and contracting the
construction or installation of the items.
Building Supply
Outlet
BULK STORAGE: Means the use of a building, structure or lot for the purpose
of storing and selling coal, fuel oil, chemicals and similar items, but does not
include any manufacturing, assembling or processing uses.
Bulk Storage
BUSINESS OFFICE: (See OFFICE, BUSINESS)
Business Office
BUTCHER SHOP: Means a building or portion of a building where animals,
poultry and/or fish carcasses are processed and packaged for retail sale on the
premises but shall not include an abattoir.
Butcher Shop
2C
CANNABIS: Means a genus of flowering plants in the family Cannabaceae.
Synonyms include, but are not limited to, marijuana and marihuana. This
definition does not include the industrial or agricultural production of hemp.
CANNABIS CULTIVATION FACILITY: Means any land, building or
structure licensed and authorized to grow, cultivate, produce, dry, store and ship
cannabis for medical or non-medical purposes, and is licensed by an authorized
federal agency. This definition shall not include an Industrial Facility, as herein
defined.
CARPORT: Means a partially enclosed structure which is attached to the main
building, and which is used primarily for the storage of one or more motor
vehicles, where the enclosure does not constitute more than 60 percent of the
perimeter of the structure, and in which no business, occupation or service is
conducted for profit.
Cannabis
Cannabis Cultivation
Facility
Carport
CEMETERY: Means a place used for the interment of human bodies as defined
under the Funeral, Burial and Cremation Services Act and includes accessory
uses such as crematorium, columbarium and chapel.
Cemetery
CELLAR: Means that portion of a building which has more than one-half of its
height from finished floor to finished ceiling below the adjacent finished grade.
Cellar
CHIEF BUILDING OFFICIAL: Means an officer or employee of the
Corporation charged with the duty of enforcing the provisions of the Building
Code, the Zoning By-law and similar By-laws of the Corporation.
Chief Building
Official
CLINIC, ANIMAL: (See ANIMAL CLINIC)
Animal Clinic
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
8
CLINIC, MEDICAL: (See MEDICAL CLINIC)
Medical Clinic
CLUB, COMMERCIAL: (See COMMERCIAL SPORTS AND RECREATION
CENTRE)
Commercial Club
COMMERCIAL SCHOOL: (See SCHOOL, COMMERCIAL)
Commercial School
COMMERCIAL SPORTS AND RECREATION CENTRE: Means an athletic,
recreational or social club operated for gain or profit or for the private use of
members and may also include a Community Centre
Commercial Sports
and
Recreation Centre
COMMERCIAL STORAGE: Means a building or structure in which more than
one storage unit is rented and used for the temporary storage of household
items, vehicles and/or commercial goods and materials, but does not include any
business operation or use associated with the storage. Each unit is physically
separated from other units within the building and has its own entrance.
Commercial Storage
COMMERCIAL YARD SALE: Means the sale of new or used household items
including, but not limited to, clothing, furniture, appliances, housewares,
sporting or recreational equipment and toys which is conducted by a person or
persons on a regular basis, whether or not seasonally and whether or not on the
same lot.
Commercial Yard
Sale
COMMUNICATION FACILITY: Means any use of land that is primarily for
the transmission of electronic signals through the air and includes a transmitting
station or tower.
Communication
Facility
COMMUNITY CENTRE: Means any land, building and/or structure that is
used for community activities, including recreation activities, whether used for
commercial purposes or not, the control of which is vested in a private
corporation, the municipal corporation, a local board or agent thereof.
Community Centre
CONSERVATION: Means the maintenance of the natural environment for the
purposes of preservation, research, observation and outdoor uses such as hiking
and fishing. This definition may include the construction and use of trail
shelters and other similar structures ancillary to the foregoing uses, but shall not
include a dwelling house, a mobile home or a tourist vehicle.
Conservation
CONTRACTOR OR TRADESMAN ESTABLISHMENT: Means a building or
part of a building where mechanical, electrical, structural, plumbing or like
contractors conduct their business, whether in conjunction with a retail store or
not, and may include offices, display areas and storage areas, but shall not
include open storage.
Contractor or
Tradesman
Establishment
CONVENIENCE STORE: Means a building or part of a building wherein
convenience commercial goods and foodstuffs which serve the day-to-day needs
of local residents are offered for sale and may include an automobile gas bar.
Such stores shall be limited to a maximum gross leasable floor area of 400 m2
(4,306 ft2).
Convenience Store
CONVERTED DWELLING: (See DWELLING, CONVERTED).
Converted Dwelling
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
9
CORNER LOT: (See LOT, CORNER).
Corner Lot
CORPORATION: Means the Corporation of the Village of Merrickville-
Wolford.
Corporation
COVERAGE: (See LOT, COVERAGE)
Coverage
CUSTOM WORKSHOP: Means a building or part of a building where
individual custom productions such as drapes, venetian blinds, handmade
leather goods, orthopedic and prosthetic appliances, weaving, awnings and other
non-offensive, non-dangerous custom production is carried out but does not
include any factory production or any shop or factory otherwise classified or
defined in this By-law. A custom workshop may include an accessory retail use
up to 25% of the gross leasable floor area.
Custom Workshop
2D
DAIRY: Means a building or portion of a building where dairy products are
produced and processed for packaging, distribution and resale off premises. A
dairy may include an accessory retail use up to 25% of the gross leasable floor
area.
Dairy
DAY NURSERY, PRIVATE: Means a dwelling in which the owner or tenant
conducts a home occupation by providing temporary care, supervision and
board for less than 5 children who are not of common parentage.
Private
Day Nurseries
DAY NURSERY, LICENSED: Means a building or part of a building in which
temporary care, supervision and/or board for more than 5 children who are not
of common parentage is provided and which is licensed under the Child Care
and Early Years Act.
Licensed
Day Nurseries
DECK: Means a building component that is uncovered and unenclosed, which
may or may not be attached to one or more walls of a building. A deck includes
its associated guards, fencing, walls, visual screens, stairs, and other associated
features. A deck may or may not have a foundation.
DERELICT VEHICLE: Means any vehicle, boat or trailer, or part of any
vehicle, boat, or trailer, that is in a wrecked, discarded, dismantled, or partly
dismantled state. The aforementioned does not preclude the occupant of any
premises from repairing a vehicle for his/her own use and not for commercial
purposes.
DEVELOPMENT: Means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of substantially increasing the size or
usability of such buildings or structures, or the laying out and establishment of a
commercial parking lot.
Deck
Derelict
Vehicle
Development
DENSITY: Means the ratio of the number of dwelling units to the lot area.
Density
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
10
DEPTH: (See LOT, DEPTH)
Depth
DRIVEWAY: Means the area between the traveled portion of a street and a
parking lot used by motor vehicles for access to and from the parking lot, but
does not include an aisle. A driveway on a residential lot may be used as one or
more parking spaces, excluding the required parking spaces, where specifically
permitted herein.
Driveway
DRY CLEANING DISTRIBUTION STATION: Means a building or part of a
building used for receiving clothing articles, or fabric goods to be subjected to
the process of dry cleaning, dry dyeing, or cleaning elsewhere and for the
pressing and distribution of any such articles or goods which have been
subjected to any such process. Notwithstanding the foregoing, on-site dry
cleaning, dry dyeing, cleaning and pressing of personal clothing and household
articles are permitted.
Dry Cleaning
Distribution
Station
DRY CLEANING PLANT: Means a building or part of a building in which the
business of dry cleaning, dry dyeing, cleaning or pressing of clothing articles or
fabric goods is carried on.
Dry Cleaning
Plant
DWELLING HOUSE: Means a building containing one or more dwelling units,
each of which is occupied or intended to be occupied by one household and
excluding hotels/motels, trailers, recreational vehicles, or tents.
Dwelling
House
DWELLING UNIT: Means a suite of two or more habitable rooms designed for
use and occupied by not more than one household in which separate kitchen and
sanitary facilities are provided for the exclusive use of the household, with a
private entrance from outside the building or from a common hallway or
stairway inside the building.
Dwelling
Unit
ACCESSORY DWELLING HOUSE: Means a single detached dwelling house
which is accessory to a permitted Non-Residential use and is occupied by either
the owner of the lot or by one employee employed on the lot where such
accessory dwelling house is located.
Accessory
Dwelling
ACCESSORY DWELLING UNIT: Means a dwelling unit within a Non-
residential building which is accessory to a permitted Non-Residential use and is
occupied by either the owner of the lot or by one employee employed on the lot
where such accessory dwelling unit is located.
ADDITIONAL RESIDENTIAL UNIT: Means an accessory residential use
located within a dwelling or accessory structure, consisting of a self-contained
residential area with sleeping, kitchen, and bathroom facilities, but shall not
include a boarding house, group home, or lodging establishment, as defined
herein. A mobile home, while not regulated under the Building Code Act, shall
be included in this definition, and is required to be placed on a foundation.
Accessory
Dwelling Unit
Accessory Residential
Unit
APARTMENT DWELLING HOUSE: Means a building containing four or
more dwelling units which share a common entrance from the street level
wherein the occupants have the right to use common halls and/or stairs and/or
elevators and yards.
Apartment Dwelling
House
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
11
BOARDING/ROOMING DWELLING HOUSE: Means a single-detached
dwelling house existing at the time of the passing of this By-law in which rooms
are rented individually, with or without meals, for three or more persons who
are not a household but does not include any other establishment otherwise
defined or classified herein.
Boarding/Rooming
House
CONVERTED DWELLING HOUSE: Means a single-detached dwelling house
existing at the time of the passing of this By-law which because of size and
design, has been or can be converted by partition and the addition of sanitary
facilities and cooking facilities into more than one dwelling unit.
Converted Dwelling
House
DUPLEX DWELLING HOUSE: Means the whole of a dwelling house divided
horizontally into two dwelling units, each of which has an independent entrance
either directly from the outside or through a common vestibule.
FOURPLEX DWELLING HOUSE: Means a dwelling that is divided both
vertically and horizontally into four (4) separate dwelling units, each of which
has an independent principal entrance either directly or through a common
vestibule.
Duplex Dwelling
House
Fourplex Dwelling
House
MOBILE DWELLING HOUSE: (See MOBILE HOME)
Mobile Dwelling
MODULAR DWELLING HOUSE: Means a single-detached dwelling house
built in one or more major pieces and transported to the site where it is
assembled, as opposed to a dwelling built entirely on site. For the purposes of
this By-law, a modular dwelling shall be deemed to be a single detached
dwelling house.
Modular
Dwelling
MULTIPLE DWELLING HOUSE: Means a dwelling containing three or more
dwelling units not otherwise defined herein.
Multiple
Dwelling
SEASONAL DWELLING: Means a single detached dwelling house used as an
occasional resort for vacation, recreation, rest and relaxation purposes by a
household which regularly resides in a permanent dwelling at another location.
Seasonal
Dwelling
SEMI-DETACHED DWELLING HOUSE: Means one of a pair of dwelling
units divided vertically into two dwelling units, each of which has an
independent entrance either directly from the outside of through a common
vestibule.
Semi-Detached
Dwelling House
SINGLE DETACHED DWELLING HOUSE: Means a completely detached
dwelling house.
STREET TOWNHOUSE DWELLING HOUSE: Means a townhouse dwelling
house that abuts an open street or a private street on a common elements plan of
condominium, and is designed as an independent dwelling unit for freehold
occupancy.
Single-Detached
Dwelling House
Street Townhouse
Dwelling House
TOWNHOUSE DWELLING HOUSE: Means a dwelling house divided
vertically into 3 or more dwelling units, each of which has independent
Townhouse Dwelling
House
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
12
entrances to front and rear privacy yards.
TRIPLEX DWELLING HOUSE: Means a dwelling that is divided horizontally
into three (3) separate dwelling units, each of which has an independent
principal entrance either directly or through a common vestibule.
Triplex Dwelling
House
2E
EMPLOYEE: Means a person who is hired, contracted, engaged or otherwise
employed by another person or persons or by a company, partnership,
corporation or similar organization to perform or carry out work. For the
purpose of this definition, an employee includes any person who is employed
full time or part time, whether for a salary, commission, hourly wage, other
consideration or as a volunteer, and includes the owner, owners, partners,
principals and officers of the company, partnership, corporation or organization.
Employee
ERECT: Means to build, construct, reconstruct, alter and relocate and without
limiting the generality of the foregoing shall be taken to include any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or
draining, structurally altering any existing building or structure by an addition,
deletion, enlargement or extension, and any other work which requires a
building permit.
Erect
ESTABLISHED BUILDING LINE: Means the average of the setbacks of
existing principal buildings on lots on either side of the lot proposed to be built
upon. In the case of a corner lot, the average street line shall be deemed to be the
average setback of all buildings and structures on the block.
EVENTS VENUE: Means a venue for uses that are celebratory in nature such as
wedding ceremonies and receptions, anniversaries and corporate events, which
may also include associated cooking, banquet, licensed bar, washroom and
parking facilities. The venue may be secondary in nature to the principal rural
residential use of the property and shall respect the rural nature of the
surrounding area and avoids disruption with nearby sensitive land uses through
the use of buffering and setbacks.
Established
Building Line
Events Venue
EXISTING: Means existing as of the date of the passing of this By-law.
Existing
EXISTING USE: Means the purpose for which any land, building, structure or
combination thereof is designed, arranged, occupied or maintained as of the date
of the passing of this By-law.
Existing Use
EXTERIOR SIDE LOT LINE: (See LOT LINE)
Exterior Side
Lot Line
EXTERIOR SIDE YARD: (See YARD)
Exterior Side Yard
2F
FARM: (See AGRICULTURE)
Farm
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
13
FARM CUSTOM WORKSHOP: Means an accessory use to a permitted farm,
which consists of the supply of farm labour and/or farm machinery, on a short
term, seasonal or contract basis for general or intensive agricultural uses and/or
for transporting farm produce and supplies. This definition may include a
maintenance garage for vehicles used exclusively for the farm custom work use.
Farm Custom
Workshop
FARM IMPLEMENT SALES: Means a building and/or lot where new and/or
used farm implements are kept for display, sale and/or rental. Accessory uses
may include those normally required for performing maintenance on and repair
of farm implements, including service centres, service bays, storage of farm
implement parts, etc.
Farm Implement
Sales
FARM SUPPLY SALES: Means a building wherein farm supplies which may
include feed, seed, agricultural chemicals, hardware, farm working apparel, etc.
are sold or rented.
FENCE: Means a physical barrier or partition made of wood, metal or other
substance that is constructed for any purpose, such as marking the boundary of a
property, enclosing a property, providing privacy, preventing access by people
or animals, or dividing a property into sections, and includes every door, gate,
and other closure that forms part of a fence, and which may be regulated by the
Corporation.
Farm Supply
Sales
Fence
FLOOD LINE: Means the line representing the continuous delineation of the
horizontal extent inland of a regulated flood plain.
Flood Line
FLOOD PLAIN: Means the area, usually lowlands adjoining a watercourse,
which has been or may be covered by flood water and is below the regional
flood event as defined by the local Conservation Authority"
Flood Plain
FLOOR AREA - DWELLING UNIT: Means the habitable area contained
within the inside walls of a dwelling unit, including a loft or a basement, but
excluding any private detached garage, carport, porch, veranda, unfinished attic,
crawl space or sunroom (unless such sunroom is habitable in all seasons of the
year), and excluding public or common halls, stairways, and the thickness of
outside walls.
FLOOR AREA - GROSS: Means:
-
(for dwellings) the total area of all floors contained within the exterior
walls of the building including mezzanines, but not including the crawl
space, or any detached garage, carport, porch, veranda, or unfinished
attic.
-
for non-residential buildings) the total area of all floors contained within
the exterior walls of the building.
Floor Area -
Dwelling Unit
Floor Area -
Gross
FINANCIAL OFFICE: Means a building or part of a building in which a bank,
trust company, finance company, mortgage company or investment company is
Financial Office
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
14
located.
FINISHED GRADE: (See GRADE, FINISHED)
Finished Grade
FLOOR AREA: (See GROSS LEASABLE FLOOR AREA)
Floor Area
FORESTRY USE: Means the planting, management and/or harvesting of timber
resources including the establishment of a temporary or portable sawmill as an
accessory use for the processing of timber resources taken from the lot on which
the temporary or portable sawmill is located, but does not include the
establishment of a permanent sawmill, as herein defined.
Forestry Use
FRONTAGE: (See LOT, FRONTAGE)
Frontage
FUEL PUMP ISLAND: Means a structure on a lot of an automobile gas bar,
retail propane/compressed natural gas transfer facility or automobile service
station where the fuel pumps are located.
Fuel Pump
Island
FUNERAL HOME: Means a building used for the preparation of deceased
human bodies for interment or cremation, for the viewing of deceased persons,
and for the holding of funeral services.
Funeral Home
2G
GARAGE, PRIVATE: Means an accessory building or part of a residential
building located on a residential lot intended for the storage of one or more
vehicles, in which no business, occupation or service is conducted for profit.
Freestanding garages are accessory buildings.
GARDEN SUITE: Means a single detached dwelling containing bathroom and
kitchen facilities that is accessory to an existing residential structure, and that is
designed to be portable for which a temporary use by-law has been adopted,
pursuant to the provisions of the Planning Act.
Private Garage
GOLF COURSE: Means a public or private area operated for the purpose of
playing golf and includes a par 3 golf course, but does not include driving
ranges, miniature courses and similar uses.
Golf Course
GRADE, FINISHED: With reference to a building, means the average
elevation of the finished surface of the ground where it meets the exterior of the
front of such building and when used with reference to a structure shall mean
the average elevation of the finished grade of the ground immediately
surrounding such structure, exclusive in both cases of any artificial embankment
or entrenchment, and when used with reference to a street means the elevation
of the street established by the Corporation or other designated authority.
Finished Grade
GREENHOUSE: Means a building and/or structure used for the growing of
flowers, vegetables, shrubs, trees and similar vegetation including any part of a
building, structure or area used for the sale of garden supplies and landscaping
materials which may include seeds, bulbs, tools, etc. This definition shall not
include any premises for the growing of mushrooms.
Greenhouse
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
15
GROSS LEASABLE FLOOR AREA: Means the sum total of the area of the
floor or floors, above and below grade, measured from the exterior faces of the
exterior walls of a building or structure at the level of each floor but shall not
include:
1.
any part of the building or structure below grade which is used for
heating equipment, storage, laundry facilities and similar accessory
uses.
2.
any part of the building or structure used for the storage or parking of
motor vehicles.
Gross Leasable
Floor Area
TYPE "A" GROUP HOME: Means a single household unit in a dwelling, in
which 3 to 10 residents (excluding staff or receiving family) live together under
responsible supervision consistent with the requirements of its residents, who,
by reason of their emotional, mental, social, or physical condition, require a
group living arrangement. The home is licensed or approved under Provincial
Statute and complies with Municipal By-laws. This definition does not include
residences for custodial supervision, or boarding/rooming dwelling houses.
TYPE "B" GROUP HOME: Means a single household unit in a dwelling in
which residents live together under custodial supervision consistent with the
specialized needs of its residents. A Young Offenders Type "B" group home
shall be licensed or approved by either the Ministry of Community and Social
Services or the Ministry of Correctional Services under the Young Offenders
Act. An Adult Offenders Type "B" group home, or Community Resource
Centre, shall be licensed or approved by the Ministry of Correctional Services
under the Ministry of Correctional Services Act.
Type A Group
Home
Type B Group
Home
GUEST HOUSE: (See TOURIST GUEST HOUSE)
Guest House
2H
HABITABLE ROOM: Means a room designed to provide living, dining,
sleeping or kitchen accommodation. This definition may include a bathroom,
den, library or enclosed sunroom but shall not include any porch, verandah,
unfinished attic, unfinished basement or unfinished cellar.
Habitable Room
HEIGHT: Means the vertical distance of a building between the finished grade,
and:
1. the highest point of the roof surface or the parapet, whichever is the
greater of a flat roof; or
2. the deck line of a mansard roof; or
3. the mean level between eaves and ridge of a gabled, hip, gambrel,
cottage or other type of pitched roof.
Height
HOME FOR THE AGED: Means a building established and/or maintained by
the Corporation under the Long-Term Care Homes Act.
Home for the Aged
HOME OCCUPATION: Means an occupation conducted for gain or profit as an
accessory use to a residential use in accordance with the regulations herein.
Home Occupation
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
16
HOME OCCUPATION, RURAL: Means an occupation conducted for gain or
profit as an accessory use within a dwelling unit and/or within an accessory
building on the same lot in accordance with the regulations herein.
Rural Home
Occupation
HOSPITAL: Means a Public Institution as defined under The Public Hospitals
Act.
Hospital
HOTEL: Means a building, or part of a building, or two or more disconnected or
detached buildings, designed to be used for the purpose of catering to the needs
of the traveling or vacationing public by furnishing sleeping accommodation with
or without kitchens, with or without supplying food, and may include meeting
rooms, banquet halls, public dining rooms, and any premises licensed under the
Liquor License and Control Act and shall include an inn, a motel or motor inn
but shall not include, boarding/rooming dwelling houses, beverage rooms or
apartment dwelling houses.
Hotel
HOUSEHOLD: Means the collection of all individuals normally resident in a
dwelling unit.
Household
HOUSEHOLD PET: (See PET, HOUSEHOLD).
Household Pet
HUNTING OR FISHING CAMP: Means a building or structure which is
occupied for limited times during the year as a base for hunting, fishing and
similar outdoor activities but which is not a single detached dwelling, a
recreation vehicle, or a seasonal dwelling as defined herein.
Hunting or
Fishing Camp
HIGHWAY: (See STREET)
HIGH-WATER MARK: Means the mark made on the shore or bank of a water
body through the action of water under natural conditions, which action has
continued over such a long period of time that it has created a difference
between the character of the vegetation or soil below the mark and that above
the mark.
HOBBY FARM: Means the keeping, breeding, raising, and grazing of livestock
and/or poultry, other than domestic pets, for the personal use of the household
operating the hobby farm and excludes an agricultural use as herein defined
which is operated for commercial purposes. A hobby farm may include farm-
gate sales of agricultural products produced on site.
Highway
High-Water Mark
Hobby Farm
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
17
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
18
2I
INSTITUTION: Means a building or part of a building used for a not-for-profit
purpose by an organized body or society for promoting a particular purpose.
This definition may include a library, college, university, convent, monastery,
public museum or similar use, but shall not include an assembly hall.
Institution
INTERIOR LOT: (See LOT)
Interior Lot
INTERIOR SIDE YARD: (See YARD)
Interior Side Yard
2J
Reserved for future use.
2K
COMMERCIAL KENNEL: Means a kennel used primarily for boarding dogs
not owned by family members, or for the breeding, raising and sale of purebred
or crossbred dogs, whether owned by family members or not. Grooming may be
conducted as an accessory use.
HOBBY KENNEL: Means a kennel where dogs are housed for the primary
purpose of pleasure (pets) or hunting, and where there is no boarding.
Commercial Kennel
Hobby Kennel
2L
LANDSCAPED OPEN SPACE: Means the area of a lot comprised of lawn,
natural or ornamental shrubs, flowers and trees including space occupied by
paths, walks, courts, patios and pools, but shall not include parking lots, aisles,
driveways, loading spaces, curbs, or ramps for vehicles.
Landscaped
Open Space
LANE: Means a public thoroughfare which affords a means of access to abutting
lots but which is not a street as defined herein and is not intended for general
traffic circulation.
Lane
LAUNDROMAT: Means a building or part of a building containing two or more
washing and/or self-service dry-cleaning machines and/or dryers for use by the
public which is operated for profit or gain.
LIVESTOCK: Means beef cattle, birds, dairy cattle, deer and elk, fur-bearing
animals, game animals, goats, horses, poultry, sheep, swine, and other animals as
identified in OMAFRA's Minimum Distance Separation document.
LIVESTOCK FACILITIES: Means livestock and/or poultry barns, buildings, or
structures where agricultural animals are housed and shall include feed lots and
associated manure storage.
LIVESTOCK UNIT: Means equivalent values for various types of animals
including poultry, based on manure production and production cycles. The
number of animals that would produce 1 livestock unit are as follows:
Laundromat
Livestock
Livestock Facility
Livestock Unit
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
19
TYPE OF LIVESTOCK
NUMBER OF ANIMALS /
LIVESTOCK UNIT
BEEF:
Beef Cow1 (barn confinement)
1
Beef Cow (barn and yard)
1
Beef Feeders (barn confinement)
2
Beef Feeders (barn and yard)
2
CHICKEN:
Caged Layers (inactive stored in
barn)
125
Caged Layers (daily manure removal)
125
Chicken Breeder Layers
125
Chicken Broilers/Roosters
200
Pullets (replacement layers)
500
DAIRY:
Milking Cow 1,2 (tie stall)
1
Milking Cow (free stall)
1
Dairy Heifers (barn confinement)
2
Dairy Heifers (barn and yard)
2
DUCK
100
EMU
5
GOAT:
Adult Goats3
4
Feeder Goats (>20kg)
10
HORSE3
1
OSTRICH
3
RABBIT:
Adult Rabbit
40
SHEEP:
Adult Sheep3
4
Feeder Lambs (>20kg)
10
SWINE:
Sows/Boars
5
Feeder Hogs (30 - 120kg)
4
Weaners (4 - 30kg)4
20
TURKEY:
Meat Turkeys (>10kg)
50
Meat Turkeys (5 - 10kg)
75
Turkey Breeder Layers
75
Meat Turkeys (<5kg)
100
Pullets (replacement breeders)
500
VEAL:
White Veal
6
Red Veal (<300kg)
3
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
20
NOTES: For all other animals/poultry use 1 livestock unit per 450 kg
housed at one time.
1.
Includes calf to 150 kg (330.7 lb).
2.
A dairy/cow farm usually has milking cows, heifers, and calves.
Multiply the number of milking/nursing cows by 1.5 to account
for the followers when they are all kept on the same farm.
3.
Includes offspring until weaned.
4.
Multiply number of sows by 2.4 to determine the number of
weaners.
LOADING SPACE: Means a space or bay located on a lot which is used or
intended to be used for the temporary parking of any vehicle while loading or
unloading goods, merchandise, animals or materials used in connection with the
use of the lot or any building thereon.
Loading
Space
LOT: Means Any parcel of land described in a registered deed or shown in a
registered plan of subdivision, which is capable of being legally conveyed from
one party to another and including any parts of the parcel which are subject to
right of easement.
Lot
CORNER LOT: Means lot situated at the intersection of and abutting two streets
which intersect at an angle of less than 135 degrees.
Corner Lot
INTERIOR LOT: Means a lot situated between adjacent lots and abutting one
street.
Interior Lot
IRREGULAR LOT: Means a lot abutting more than one street, but not otherwise
defined herein.
Irregular Lot
THROUGH LOT: Means a lot bounded on two opposite sides by streets
provided, however, that if any lot qualifies as being both a corner lot and a
through lot as herein defined, such lot shall be conclusively deemed to be a
corner lot.
Through Lot
WATERFRONT LOT: Means a lot with at least one lot line abutting the
shoreline of a waterbody.
Waterfront
Lot
LOT AREA: Means the total horizontal area within the lot lines of a lot. For
calculating the minimum lot area requirement such area shall exclude areas
covered by a waterbody or watercourse, or areas located within the mapped flood
plain, or areas between the top and toe of cliffs or embankments having a slope
of 30 degrees or more from the horizontal shall not be included.
Lot Area
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
21
Lot Coverage
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
22
LOT COVERAGE: Means the percentage of the lot area covered by all buildings
or structures exclusive of canopies, balconies and overhanging eaves and private
swimming pools protruding not more than 1.5 m (4.9 ft) above finished grade.
LOT DEPTH: Means the horizontal distance between the front lot line and the
rear lot line. For the purpose of determining the required minimum lot depth for
lots which are not square or rectangular the following shall apply:
1. If the front and rear lot lines are not parallel, the lot depth shall be
measured by joining the mid-point of the front lot line with the mid-point
of the rear lot line, or with the apex of the triangle formed by the side lot
lines.
2. In the case of a corner lot with a curved front lot line, the lot depth shall
be measured by first extending the front and exterior side lot lines as
tangents, from the point where each lot line begins to curve, in a straight
line to their point of intersection. The lot depth shall then be measured
by joining the mid-point of the tangent to the front lot line and the mid-
point of the rear lot line, or with the apex of the triangle formed by the
side lot lines.
Lot Depth
LOT FRONTAGE: Means the width of the lot between the side lot lines at the
front lot line. For the purpose of determining the required minimum lot frontage
in the case of a lot without parallel side lot lines and/or without a straight front lot
line, the following shall apply:
1. the minimum required lot frontage shall be measured as the length of the
front lot line; or
2. the minimum required lot frontage shall be measured as the horizontal
distance between the side lot lines, measured between the points on the
side lot lines equal to the front yard requirement for the use in the zone in
which the lot is located.
Lot Frontage
LOT LINE, FRONT: Means the line dividing the lot from the street. For the
purpose of determining the front lot line the following shall apply:
1. In the case of a corner lot, the shorter lot line abutting a street shall be
deemed to be the front lot line and the longer lot line abutting a street
shall be deemed an exterior lot line. If such lot lines are of equal length,
the front lot line shall be deemed to be the lot line as established by
building orientation and/or main access.
2. In the case of a through lot the shorter of the lines dividing the lot from
the streets shall be deemed the front lot line. If such lines are of equal
length, the front lot line shall be deemed to be the line as established by
building orientation and/or main access.
3. In the case of a waterfront lot, the shoreline shall be deemed to be the
front lot line.
Front Lot Line
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
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4. In the case of an irregular lot, the shortest lot line abutting a street shall
be deemed to be the front lot line, or the front lot line shall be deemed to
be the lot line as established by building orientation and/or main access,
whichever is the more appropriate.
LOT LINE, REAR: Means the lot line furthest from and opposite to the front lot
line. In the case of a lot having 4 or more lot lines, the one lot line farthest from
and opposite to the front lot line shall be deemed to be the rear lot line. In the
case of a lot having 3 lot lines, there shall be deemed to be no rear lot line.
Rear Lot Line
LOT LINE, SIDE: Means the lot line or lines other than a front lot line or rear lot
line.
Side Lot Line
2M
MAIN WALL: Means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully or partially enclosed space
or roof, where such members are nearer to a lot line than the said exterior wall.
Main Wall
MARINA: Means a lot, building or structure containing docking facilities, boat
launching ramps, lifts, boathouses, and located on a waterbody, where boats and
boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and
where facilities for the sale of marine fuels and lubricants may be provided, and
may include a building or structure for the sale of accessories or refreshments,
but does not include a marine facility.
Marina
MARINE FACILITY: Means an accessory building or structure located on a
waterfront lot which is used to take a boat into or out of a waterbody, to moor, to
berth or to store a boat. This definition may include a boat launching ramp, boat
lift, dock, or boathouse, but shall not include any building used for human
habitation or a marina.
Marine Facility
MARKET: Means the sale of new or used goods, wares, merchandise,
substances, articles or things to the general public, including but not limited to:
arts, crafts and other homemade articles, fresh and prepared food products;
nursery products; and used furniture and other household items, by one or more
independent vendors, but does not include the sale of vehicles or livestock. A
market may be located in a permanent or temporary building or structure, or may
be located partially or entirely in the open. For the purposes of this By-law, a
market is considered to be a retail store.
Market
MEDICAL CLINIC: Means a building or part of a building used solely by
physicians, dentists, and/or drugless practitioners, their staff and their patients,
for the purpose of consultation, diagnosis and office treatment.
Medical Clinic
MERCHANDISE SERVICE SHOP: (See SERVICE SHOP)
Merchandise
Service Shop
MINE: Means the extraction of mineral resources either by underground or open
pit mining but does not include a pit or quarry as herein defined. A mine
Mine
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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24
includes accessory processing uses such as refining, smelting, open storage of
mineral resources, waste storage and processing, and associated handling and
transportation uses.
MINIMUM DISTANCE SEPARATION: Means the minimum distance between
livestock facilities, including permanent manure storage, and development on
surrounding lots as determined by the OMAFRA MDS Implementation
Guidelines, as amended from time to time.
MDS
MOBILE HOME: Means a dwelling house that is designed to be made mobile
and constructed or manufactured to provide a permanent residence, but does not
include a modular dwelling house, motor home, travel trailer, tent trailer, or any
other trailer otherwise designed. A mobile home may be manufactured as a
single unit or may be manufactured in two or more units and assembled on the
site. A mobile home shall be manufactured in accordance with the Z 240
standard of the Canadian Standards Association.
Mobile Home
MODULAR DWELLING: (See DWELLING, MODULAR)
Modular Dwelling
MOTEL: (See HOTEL)
Motel
MOTOR HOME: Means a self-propelled vehicle designed for living, sleeping
and eating accommodation.
Motor Home
MOTOR VEHICLE: Means a motor vehicle as defined by The Highway Traffic
Act.
Motor Vehicle
MUNICIPALITY: (See CORPORATION).
Municipality
MUSEUM: Means a lot, building and/or structure used for the storing and
exhibition of objects illustrating antiquities, natural history, arts, etc. and which
may be publicly or privately owned and/or managed.
Museum
2N
NON-COMPLYING: Means an existing use, building or structure which is a
permitted use in the zone in which it is located but which does not comply, or
agree with one or more of the required zone provisions of this By-law.
Non-Complying
NON-CONFORMING: With reference to a use, means an existing use which is
not a permitted use in the zone in which it is located, and with reference to a lot
means a lot having less than the minimum lot area and/or lot frontage required in
the zone in which such lot is located.
Non-Conforming
NURSING HOME: Means a building containing multiple rooms with common
access to eating, bathroom, recreation and leisure areas for temporary occupancy
by those requiring nursing or other care and where meals, personal care, nursing
services and medical care and treatment are provided or made available, as
defined under the Nursing Homes Act.
Nursing Home
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Village of Merrickville-Wolford Zoning by-law No. 33-25
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25
2O
OBNOXIOUS USE: Means a use which is offensive by reason of its emission of
odour, smoke, dust, noise, gas, fumes, vibration, or refuse matter, or is a use
which under The Health Protection and Promotion Act or its regulations is likely
to have an adverse affect on the health of any person.
Obnoxious
Use
OFFICE: Means a building or part of a building used or intended to be used in
the
performance
and
transaction
of
business
including
professional,
administrative and clerical activities.
Office
OPEN STORAGE AREA: Means a lot or part of a lot used for the storage of
equipment, goods or materials excluding a parking lot and a salvage yard.
Open Storage
Area
2P
PARK, PRIVATE: Means a recreational area other than a public park.
Private Park
PARK, PUBLIC: Means a recreational area consisting largely of open space,
which may include a playground, swimming pool, arena, playfield, or similar
use, owned or controlled by the Corporation, or by any Ministry, Board,
Commission or Authority established under any statute of Ontario or Canada and
includes a community centre as herein defined.
Public Park
PARKING LOT: Means an area, building or structure used for the temporary
parking of motor vehicles and includes any related aisles and parking spaces but
shall not include any part of a driveway, street or lane. This definition may
include a parking garage.
Parking Lot
PARKING SPACE: Means a portion of a parking lot or parking garage used for
the temporary parking or storage of a motor vehicle, exclusive of any aisles, or
driveways.
Parking Space
PERSONAL SERVICE SHOP: (see SERVICE SHOP, PERSONAL)
Personal Service
Shop
PET, HOUSEHOLD: Means a domestic animal which is tamed and commonly
kept in a dwelling unit either with free movement or confined in an appropriate
container but shall not include a domesticated animal which is commonly kept,
bred, raised or grazed as an agricultural use, an animal requiring unusual care
beyond normal feeding or grooming, or an animal, representing a hazard or
danger to the health, safety or wellbeing of the occupants of the dwelling unit.
Household Pet
PIT: Means a lot or portion of a lot where unconsolidated gravel, stone, sand,
earth, clay, fill, mineral or other material is being or has been removed by means
of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside pit. Uses associated
with the extractive operation using on-site aggregate are included in this
definition, including washing or screening operations, batching plants, etc.
Pit
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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26
PLACE OF ENTERTAINMENT: Means a motion picture or other theatre, arena,
auditorium, public hall, dance hall, or music hall, but does not include a place of
recreation or commercial sports and recreation centre.
Place of
Entertainment
PLACE OF RECREATION: Means a lot, building or structure in which various
forms of recreation are provided for a fee, including amusement parks, mini-golf
courses, billiard or pool room, bowling alley, curling rink, ice or roller rink, and
arcades, but does not include any place of entertainment, commercial sports and
recreation centre, public parks or private parks.
PLACE OF WORSHIP: Means premises that is used for the regular assembly of
persons for the practice of religious worship, including but not limited to a
chapel, church, temple, parish hall, mosque, synagogue, convents, seminaries,
monasteries, rectories, parsonages, parish houses, and offices for the
administration of the religious institution.
Place of
Recreation
Place of Worship
PLAY AREA: Means an outdoor area, at or above ground level, developed with
play equipment and suitably surfaced and fenced or otherwise enclosed for the
common recreation of the residents of a dwelling house.
Play Area
PRINCIPAL: (See MAIN).
Principal
PRINT SHOP: Means a retail establishment that provides printing or duplicating
services using photography, blueprint or offset printing equipment.
Printing Shop
PRINTING ESTABLISHMENT: Means an establishment used for printing,
typesetting, blueprinting, engraving, stereotyping or electro-typing and shall
include such uses as newspaper or book publishing and shall also include a print
shop.
Printing
Establishment
PRIVATE AMENITY AREA: Means a privacy yard immediately adjacent to the
dwelling unit which serves the household and with access controlled by the
household of the dwelling unit.
Private
Amenity Area
PROPANE/COMPRESSED NATURAL GAS TRANSFER AND HANDLING
FACILITY:
1. Retail propane/compressed natural gas transfer facility means a transfer
facility that is licensed under the provisions of The Energy Act, R.S.O.
1980 C.139, from which petroleum fuels (propane and compressed
natural gas) may be retailed to the public.
2. Consumer outlet propane/compressed natural gas transfer facility means
a non-retail transfer facility licensed under The Energy Act, R.S.O. 1980
C.139, where vehicles, appliances and other equipment of the business or
establishment to which the said facility belongs are refueled with
petroleum fuels (propane and compressed natural gas).
3. Gas cylinder handling facility means a facility licensed under The
Energy Act, R.S.O. 1980 C.139, where bottled gases are handled and
stored in cylinders and where there is no element of transfer.
Propane/
Compressed
Natural Gas
Transfer and
Handling Facility
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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27
4. Bulk propane storage depot means a propane transfer facility that has an
aggregate capacity in excess of 7571 litres (2000 U.S. gallons).
PUBLIC AUTHORITY: Means any School Board, Public Utility Commission,
Transportation Commission, Public Library Board, Board of Parks Management,
Board of Health, Board of Commissioners of Police, or other board or
commission or committee of a local authority established or exercising any
power or authority under any general or special Statute of Ontario with respect to
any of the affairs or purposes of a municipality or a portion thereof and includes
any committee or local authority established by By-law of the municipality.
Public
Authority
PUBLIC USE: Means the use of any land, building or structure by a public
authority.
Public Use
PUBLIC UTILITY: Means the use of any land, building or structure by a
telephone, gas or railway company or similar company for purposes of installing
and maintaining public utilities.
Public Utility
PUMP ISLAND: (See FUEL PUMP ISLAND)
Pump Island
2Q
QUARRY: Means a lot where consolidated rock has been or is being removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit metal
mine. Uses associated with the extractive operation using on-site material are
included in this definition, including crushing, washing or screening operations,
batching plants, etc.
Quarry
2R
RAILWAY SPUR: Means a rail line located on private property or on a private
right of-way which provides access from a rail line to the private property.
Railway Spur
RECREATIONAL VEHICLE: Means a vehicle designed for use principally for
recreation and includes a travel trailer, tent trailer, motor home, boat, boat trailer,
snowmobile, all terrain vehicle, etc.
Recreational
Vehicle
RECREATIONAL VEHICLE SALES: Means a building and/or lot where
recreational vehicles are kept for display and/or sale. Permitted accessory uses
may include those normally required for performing maintenance and repair
including service centre, service bays, body shop, storage of parts, etc.
Recreational
Vehicle Sales
REPAIR SHOP: (See SERVICE SHOP, REPAIR)
Repair Shop
RESTAURANT: Means a building or part of a building where food is offered for
sale to the public for consumption on or off the premises and includes
restaurants, cafes, cafeterias, ice cream parlours, tea or lunchrooms, dairy bars,
coffee shops, snack bars and which may be licensed by The Liquor Board. This
Restaurant
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Village of Merrickville-Wolford Zoning by-law No. 33-25
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28
definition does not include a take-out restaurant, although a take-out counter
within a restaurant is permitted.
RESTAURANT, TAKE-OUT: Means a building or structure where food is
offered for sale to the public solely for consumption off the premises.
Take-Out
Restaurant
RETAIL STORE: Means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are kept and offered for sale directly
to the general public but does not include any establishment otherwise defined
herein. A retail store shall also include minor fabricating, processing, assembling
and/or manufacturing operations where customers and/or employees produce a
finished product from the goods, wares, merchandise, substances or things which
are sold on the premises and without limiting the generality of the foregoing
includes such uses as picture framing, wine and beer making, and arts and crafts.
A retail store also includes the sale of used goods, wares, merchandise,
substances, articles or things and without limiting the generality of the foregoing
includes such uses as an antique store and market.
RETIREMENT HOME: Means a building which contains multiple rooms or
suites for residential occupancy with common areas for such activities as eating,
recreation, leisure, etc. and may include commercial uses to serve residents, and
which is constructed and operated in accordance with the Care Homes Section of
the Residential Tenancies Act. Such uses may include care services for residents
but shall not include a Nursing Home as herein defined.
Retail Store
Retirement Home
RIGHT-OF-WAY: (See STREET)
Right-of-Way
RIGHT-OF-WAY, PRIVATE: Means land which is owned by other than a
public authority over which right-of-way has been granted to others for access
purposes.
Private
Right-of-way
ROAD: (See STREET)
Road
ROW HOUSE DWELLING: (See DWELLING, TOWNHOUSE)
Row House
Dwelling
RURAL HOME OCCUPATION: (See HOME OCCUPATION, RURAL)
Rural Home
Occupation
RURAL COMMERCIAL/INDUSTRIAL MALL: Means one or more buildings
divided into a number of self-contained units which are occupied by uses which
are permitted uses in the zone in which a rural commercial/industrial mall is
permitted, except that the total gross leasable floor area occupied by retail stores
and personal service shops shall not exceed 25% of the total gross leasable of the
rural commercial/industrial mall.
Rural
Commercial/
Industrial Mall
2S
SALVAGE YARD: Means a lot, building and/or structure where goods, wares,
merchandise articles or things are stored, handled, processed for further use
and/or are abandoned, and includes a junk yard, a scrap metal yard, an
Salvage
Yard
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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29
automobile wrecking yard or premises, but does not include a waste disposal site.
SAMPLE AND SHOWROOM: Means a building or part of a building used for
the display of samples, patterns or other goods for viewing by the consumer and
where purchase orders are taken, provided that articles from the display are not
taken from the premises.
Sample and
Showroom
SAWMILL: Means a building or structure where timber resources are debarked,
cut, planed or similarly processed and includes storage and treating of finished
products, where the timber resources are obtained from the lot on which the
sawmill is located or are transported to the sawmill from elsewhere.
Sawmill
SCHOOL: Means a school under the jurisdiction of a Board as defined in the
Department of Education Act.
School
SCHOOL, COMMERCIAL: Means a school conducted for hire or gain, other
than a private, academic, religious or philanthropic school, and includes the
studio of a dancing teacher or a music teacher, an art school or golf school, a
school of calisthenics, a business or trade school and any other such specialized
school conducted for hire or gain.
SCHOOL, PRIVATE: Means a school conducted either for-profit or not-for-
profit and which adheres to the provincially mandated curriculum, as legislated
and regulated by the Province of Ontario, and which may also include accessory
uses and facilities including, but not limited to, student residence(s).
Commercial School
Private School
SCREENING: Means the use of landscaping, walls, fences, hedges and/or other
ornamental fixtures to shield the view from one lot to another.
Screening
SEASONAL DWELLING (see DWELLING, SEASONAL)
Seasonal Dwelling
SEMI-DETACHED
DWELLING:
(See
DWELLING
HOUSE,
SEMI-
DETACHED)
Semi-Detached
Dwelling
SELF-STORAGE FACILITY: Means the use of land, buildings or structures
containing separate, secured, individual self-storage units divided from the floor
to the ceiling by a wall with an independent entrance from the exterior of the
building, designed to be rented or leased to the general public for private storage
of personal goods, materials and equipment.
SENSITIVE LAND USE: Means any building, structure, use or associated
amenity area (indoor or outdoor) where humans may be adversely affected by
adjacent industrial land uses or facilities as defined in the MECP Land Use and
Compatibility Guideline, including but not limited to residential uses, day care
facilities, places of worship, schools, or playgrounds.
SEPARATION DISTANCE: Means the minimum horizontal distance between
a use or building and a specific use, lot, building or other specified feature.
Separation distance is measured as the most direct path between the two
specified points, without regard to roads, walkways, sidewalks, or other surface
transportation features.
Self
Storage
Facility
Sensitive Land
Use
Separation
Distance
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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30
SERVICE, INDUSTRIAL OR BUSINESS: Means a building or part of a
building used primarily to provide goods or services to other industries and
businesses and, without limiting the generality of the foregoing, includes such
uses as courier, equipment and supply, data processing, research, training, rental
and similar uses not otherwise defined herein.
Industrial or
Business Service
SERVICE SHOP, REPAIR: Means a building or part of a building wherein
articles, goods or materials such as appliances, furniture, office equipment or
similar items may be repaired or serviced. This definition shall not include any
manufacturing operation, building or structure used for the service or repair of
vehicles, or a custom workshop.
Repair Service
Shop
SERVICE SHOP, PERSONAL: Means a building or part of a building wherein a
personal service is provided. This definition may include a barber shop, a beauty
salon, a dressmaking shop, a shoe repair shop, a tailor shop, an artist's or
photographic studio or similar use.
Personal Service
Shop
SERVICE STATION: (See AUTOMOBILE SERVICE STATION)
Service Station
SETBACK: Means the least horizontal dimension between the centreline of a
street allowance or right-of-way, measured at right angles to such centreline, and
the nearest part of any excavation, building or structure on the lot, or the nearest
open storage use on the lot.
Setback
SHOPPING CENTRE: Means a group of non-residential uses which are
predominantly retail and personal service shop uses which serve the general
public and which are designed, developed and managed as a unit in one or more
main buildings by a single owner or tenant or group of owners or tenants, as
opposed to a business area comprising unrelated individual business uses, and
includes parking lots and landscaped areas. For the purposes of this By-law, a
power centre, discount centre or other similar use shall be considered to be a
shopping centre.
Shopping Centre
SIGHT TRIANGLE: Means the triangular space formed by intersecting street
lines and a line drawn from a point in one street line to a point on the other street
line, each such point being 7.5 m (24.6 ft) from the point of intersection of the
street lines measured along the street lines. Where the 2 street lines do not
intersect at a point, the point of intersection of the street lines shall be deemed to
be the intersection of the projection of the street lines or the intersection of the
tangents to the street lines.
Sight Triangle
SINGLE-DETACHED DWELLING: (See DWELLING HOUSE, SINGLE
DETACHED)
Single-Detached
Dwelling
STOREY: Means that portion of a building between any floor and the floor,
ceiling or roof next above, provided that any portion of a building partly below
grade level shall not be deemed a storey unless its ceiling is at least 2 m (6.6 ft)
above grade. Provided also that any portion of a storey exceeding 4.5 m (14.8 ft)
in height shall be deemed an additional storey for each 4.5 m (14.8 ft) or fraction
thereof of such excess.
Storey
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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31
STOREY, HALF: Means the portion of a building located wholly or partly
within a sloping roof, having a floor area of not less than one-half or more than
two-thirds of the floor area of the storey next below, sidewalls not less than 1 m
in height and a ceiling with a minimum height of 2.5 m (8.2 ft) over an area equal
to at least 50 percent of its floor area.
Half Storey
STREET, OPEN PUBLIC: Means an opened and maintained thoroughfare under
the jurisdiction of the Corporation, the County, the Province of Ontario, or the
government of Canada. This definition includes highways, roads, rights-of-way
and road allowances, but excludes a lane and a private right-of-way.
Open
Public Street
STREET, UNOPEN PUBLIC: Means a street which has not been assumed by the
Corporation as an open thoroughfare.
Unopen
Public Street
STREET, PRIVATE: Means a street, not otherwise defined herein, which is
described on a plan of subdivision or on a plan of condominium which is not
under the jurisdiction of the Corporation, but which has been approved by the
Municipality.
Private Street
STREET LINE: Means the limit of the street allowance and is the dividing line
between a lot and a street.
Street Line
STRUCTURE: Means anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment to
something having location on the ground.
Structure
SWIMMING POOL, PRIVATE: Means any body of water, permanently located
outdoors on privately owned property, contained by artificial means, and used
and maintained for the purpose of swimming, wading, diving or bathing.
Private Swimming
Pool
2T
TAXI STATION: Means a building or structure or a part thereof used in whole
or in part to dispatch taxis and includes land used to store vehicles used for the
taxi business.
TRADESPERSON'S ESTABLISHMENT: Means a building or part of a
building which, in addition to or as well as serving as an office, serves as a
storage facility for the materials and equipment of, and/or a workshop for the
undertaking of repairs, the preparation of materials, or the production of items on
a custom order basis by, one of the following tradespersons: heating and cooling
systems specialist, cabinet maker, carpenter, chimney sweep, drywaller or
plasterer, electrician, exterminator, fence installer, furniture refinisher, general
building contractor, glass installer, grounds maintenance person and landscaper,
handyman, janitor, mason, painter, plumber, printer, snow plough operator,
upholsterer, welder, window cleaner and similar tradespersons whose activities
are not otherwise defined in this By-law.
Taxi Station
Tradesperson's
Establishment
TOURIST CAMPGROUND: Means a lot which is used to provide temporary
accommodation for the public, or members of an organization in tents, or
recreational vehicles, or in tourist trailers, whether or not a fee is charged or paid
Tourist
Campground
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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32
for such accommodation, including accessory uses such as recreation and leisure
areas, restaurant, convenience store, souvenir shop, etc.
TOURIST ESTABLISHMENT: Means a building or buildings which are used to
accommodate the traveling public for gain or profit by supplying them with
sleeping accommodation with or without meals, and shall include a tourist guest
house, tourist cabins, a motel, and a hotel. Accessory uses such as recreation and
leisure areas, restaurant, convenience store, souvenir shop, etc. are included in
this definition. A resort and/or all buildings operating under the Tourist
Accommodation Act are also included in this definition.
Tourist
Establishment
TOURIST GUEST HOUSE: Means a single detached dwelling and/or an
accessory building to a single detached dwelling in which more than two guest
rooms are used to accommodate the traveling public for gain or profit and may
include the provision of meals to the guest room occupants.
Tourist Guest
House
TOURIST TRAILER: Means a trailer which is used or intended to be used for
short term or seasonal occupancy and is or is intended to be located or parked on
a site for a temporary or seasonal period.
Tourist
Trailer
TOWNHOUSE DWELLING: (See DWELLING HOUSE, TOWNHOUSE)
Townhouse
Dwelling
TRANSPORTATION TERMINAL: Means a lot, building or structure where
trucks or tractor trailers are kept for hire, rent or lease, are stored or parked for
remuneration, or from which trucks or tractor trailers are dispatched for hire as
common carriers and includes buildings or structures used for storage or
distribution of goods, wares and merchandise.
Transportation
Terminal
2U
UNDERTAKER'S ESTABLISHMENT: (See FUNERAL HOME)
Undertaker's
Establishment
USE (as a verb): Means anything permitted 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 and assent of such
owner or occupant, for the purpose of making use of the said land, building or
structure. The phrase "used for" includes "arranged for", "designed for",
"maintained for" or "occupied for".
USE (as a noun): Means any of the following depending on the context:
-
any purpose for which land, buildings or other structures may be
arranged, designated, designed, intended, maintained, or occupied; or
-
any occupation, business, activity, or operation carried on, or intended to
be carried on, in a building or other structure or on land; or
-
a name of a tract of land or a building or other structure which indicates
the purpose for which it is arranged, designated, intended, maintained, or
occupied.
Use
USE, ACCESSORY: Means a use customarily incidental and subordinate to the
Accessory Use
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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33
main use or main building and located on the same lot with such main use or
main building.
2V
VEHICLE: (See MOTOR VEHICLE)
Vehicle
VETERINARY CLINIC: (See ANIMAL CLINIC)
Veterinary Clinic
2W
WAREHOUSE: Means a building or portion of a building used for the bulk
storage of goods, wares, merchandise, or materials and includes accessory office
space, but does not include bulk storage.
Warehouse
WASTE DISPOSAL: Means either:
1. a municipal solid waste disposal facility which is owned and operated by
the Village and which is operated under a Certificate of Approval from
the Approval Authority wherein non-hazardous household, commercial
and industrial wastes are disposed, and includes related recycling and
composting operations; or,
2. a sanitary sewage treatment facility, including a treatment plant and/or
lagoon(s), which is owned and operated by a municipality or is owned and
operated under contract to a municipality, and which is operated under a
Certificate of Approval from the Approval Authority, but does not include
a private communal sewage disposal system which is operated under a
responsibility agreement with the Village or a private sewage disposal
system.
Waste Disposal
WASTE RECYCLING: Means the storage, separation, processing and/or
packaging of non-hazardous solid waste products for shipment to another
location for re-use. Waste Recycling shall require a Certificate of Approval from
the Ministry of the Environment.
Waste Recycling
WATERBODY: Means any shoreline, banks or boundaries of a bay, lake, river,
canal, or wetland, but excluding a drainage or irrigation channel and any other
watercourse.
Waterbody
WATERCOURSE: Means a defined channel, having a bed and banks or sides, in
which a flow of water regularly or continuously occurs
Watercourse
WATER FRONTAGE: Means the straight line horizontal distance between the
two most widely separated points on any one shoreline of a lot.
Water Frontage
WATERBODY SETBACK: Means the straight line horizontal distance from the
high water mark of a waterbody to the nearest part of any excavation, building,
structure or open storage use on the lot.
Waterbody
Setback
WAYSIDE PIT OR WAYSIDE QUARRY: Means a temporary pit or quarry
Wayside Pit
SECTION 2: DEFINITIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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34
located outside the limits of a street which is opened and used by a public
authority for the purpose of a construction or maintenance project undertaken by
the public authority, or for an urgent project for which no alternative source of
aggregate under license or permit is readily available in the vicinity.
Quarry
WELLHEAD PROTECTION AREA: Means an area of land surrounding a well
where human activities may need to be regulated to protect the quality and
quantity of groundwater that supplies that well.
Wellhead
Protection Area
WHOLESALE OUTLET: Means a building or portion of a building used for the
bulk storage and sale of quantities of goods, commodities, wares, merchandise,
or materials for resale or business use.
Wholesale
Outlet
2Y
YARD: Means a space, appurtenant to a building or structure, located on the
same lot as the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such buildings, accessory use
or structures as are specifically permitted elsewhere in this By-law.
Yard
YARD, REQUIRED: Means the minimum yard required by the provisions of this
By-law.
Required Yard
YARD, FRONT: Means the space extending across the full width of a lot
between the front lot line and the nearest part of any main wall of any building or
structure on the lot.
Front Yard
YARD, REAR: Means the space extending across the full width of a lot between
the rear lot and the nearest part of any rear wall of any main building or structure
on the lot. In the case of a lot which has no rear lot line, the rear yard shall be the
area between the point where the side lot lines meet and the nearest part of any
wall of any main building or structure on the lot.
Rear Yard
YARD, SIDE: Means the space extending from the front yard to the rear yard
and from the side lot line to the nearest part of any side wall of any main building
or structure on the lot.
Side Yard
YARD, EXTERIOR SIDE: Means a side yard immediately adjacent to a public
street.
Exterior
Side Yard
YARD, INTERIOR SIDE: Means a side yard other than an exterior yard.
Interior Side Yard
2Z
ZONE: Means a designated area of land shown on Schedules A and B to this By-
law to which certain provisions and restrictions apply.
Zone
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35
3
GENERAL PROVISIONS
3.1
Accessory Use
3.1.1
General
Where this By-law provides that a lot may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory building, structure or use but shall
not include:
1.
any occupation for gain or profit except as specifically permitted in this By-law; or
2.
any building used for human habitation except as specifically permitted in this By-law.
3.1.2
Location
Accessory buildings and structures shall be permitted in any zone. Except as otherwise
prohibited in Section 3.6, accessory buildings and structures shall not:
1.
be built closer to the front lot line or exterior side lot line than the minimum distance
required by this By-law for the main building on the lot, except as otherwise required in
subsection 3.2.2.2 below;
2.
be built closer to a street line than the main building or closer than 15 m (49.2 ft) to the
street line, whichever is the lesser, where the main building is set back more than the
minimum distance required by this By-law;
3.
in the case of accessory private garages in a residential zone, be built closer than 1.5 m
(4.9 ft) to any interior side or rear lot line, except that common semi-detached garages
may be centered on the mutual side lot line;
4.
in the case of all other accessory buildings or structures in a residential zone, be built
closer than 1.5 m to any interior side or rear lot line where the surface area of the main
wall facing the respective lot line is 10 m2 (107.6 ft2) or less, or closer than 3 m (9.8 ft) to
any interior side or rear lot line where the surface area of the main wall facing the
respective lot line is greater than 10 m2 (107.6 ft2);
5.
in the case of accessory buildings or structures in all other zones, be built closer than 3 m
(9.8 ft) to any interior side or rear lot line;
6.
notwithstanding the foregoing, an accessory building or structure may be located not less
than 0.5 m (1.6 ft) from a public lane; and,
7.
notwithstanding the foregoing, marine facilities may be built to the lot line where such
line corresponds to the water's edge.
3.1.3
Height
1.
Accessory buildings or structures shall not exceed 5 m (16.4 ft) in height.
SECTION 3: GENERAL PROVISIONS
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36
2.
Notwithstanding item (1) or Section 3.2, in the case of a detached private garage
containing an Additional Residential Unit (ARU), the maximum height of the garage
shall be 6.1 metres (20 feet) and shall not exceed 1.5 storeys.
3.1.4
Lot Coverage
1.
In the case of a building or structure accessory to a residential dwelling, the lot coverage
for the accessory structure, within a Residential zone, shall not exceed 10% of the lot area
or 140m2 (1,507 ft2), whichever is the lesser, and shall be included in the calculation of
the maximum lot coverage permitted in the residential zone is located.
2.
In the case of all other zones, including the Rural (RU) zone, the lot coverage of all
accessory buildings or structures shall not exceed 10% of the lot area.
3.1.5
Separation
No accessory building or structure shall be located closer than 2 m (6.6 ft) to the main building.
Notwithstanding this, a building or structure, within the Village of Merrickville, serviced by
municipal water and sewage, which contains an Additional Residential Unit (ARU) shall be at
least 4 m from another building or structure, on the same parcel, if the other building or structure
contains a residential unit.
3.1.6
Private Swimming Pools
Swimming pools are regulated under a separate By-law of the Municipality.
3.2
Additional Residential Units (ARUs)
Notwithstanding any provisions to the contrary, on land where a single detached dwelling, semi-
detached dwelling, duplex dwelling, or townhouse dwelling is a principal permitted use, and
where the land is within the R2, R3, H, or RU zoning designation, "additional residential units"
(ARUs) shall be permitted as an accessory use subject to the following provisions:
1.
The subject property shall comply with the minimum lot area and minimum lot frontage
standards for the zone in which it is located.
2.
The subject property shall have frontage on an open public road that is maintained year-
round.
3.
Additional Residential Units shall not be permitted on lands subject to flooding or natural
hazards.
4.
Additional Residential Units shall not be permitted on lands zoned EP.
5.
Notwithstanding any provisions to the contrary, the maximum lot coverage for a property
within the Village of Merrickville, serviced by municipal water and sewage, containing
an ARU shall not exceed a maximum lot coverage of 45 % for all buildings and
structures.
6.
A building or structure, within the Village of Merrickville, serviced by municipal water
and sewage, which contains an Additional Residential Unit (ARU) shall be at least 4 m
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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37
from another building or structure, on the same parcel, if the other building or structure
contains a residential unit.
7.
A maximum of two (2) Additional Residential Units in addition to the primary dwelling
shall be permitted on a property. A maximum of two (2) Additional Residential Units
may be contained within a dwelling and a maximum of one (1) Additional Residential
Unit may be contained within an accessory structure.
8.
An Additional Residential Unit shall require compliance with the provisions of the
Building Code Act and Fire Code.
9.
The proposed Additional Residential Unit shall be accessed using the driveway providing
access to the principal residential use.
10.
Each Additional Residential Unit shall require a minimum of 1 parking space.
11.
Additional Residential Units located within an accessory structure shall be limited to the
maximum building height specified in Section 3.1.3 (i.e. 6.1 m).
12.
An existing accessory building may be partially or fully converted to an Additional
Residential Unit, except that no window in a habitable room shall face an interior side lot
line or a rear lot line unless the existing accessory building conforms to the minimum
side lot line setback and rear lot line setback as is required for the principal dwelling.
13.
Additional Residential Units in an accessory structure which requires a separate septic
system and are located on a lot less than 0.4 hectares in size shall require a
hydrogeological assessment that demonstrates that the proposed development can be
supported by private services, in accordance with MECP guidelines.
14.
Additional Residential Units located on a property within the Village of Merrickville,
serviced by municipal water and/or sewage, shall be required to connect into the
municipal services.
15.
Additional Residential Units contained within an existing dwelling on private services
shall be connected to the existing well and septic systems, subject to confirmation that the
existing well and septic systems can support the proposed development.
16.
Additional Residential Units contained within an accessory structure on a property
privately serviced may connect to the well and septic system in use by the existing
dwelling, should the systems be capable of supporting the additional development, or to
an independent well and septic system, subject to confirmation that the existing well and
septic systems can support the proposed development.
3.3
Automobile Service Stations, Gas Bars, Etc.
Where automobile service stations, gas bars and retail propane/compressed natural gas transfer
facilities are permitted in this By-law, the following provisions shall apply:
1.
The minimum lot frontage shall be 45 m (148 ft);
2.
The minimum yard requirements for the main building shall be as follows:
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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38
i. front yard depth
15 m (49.2 ft)
ii. exterior side yard width
15 m (49.2 ft)
iii. interior side yard width
7.5 m (24.6 ft)
iv. rear yard depth
7.5 m (24.6 ft)
3.
The minimum distance between any portion of a fuel pump island and any front or
exterior side lot line shall be 7.5 m (24.6 ft).
4.
The distance between any portion of a fuel pump island and any rear or interior side lot
line shall be 4.5 m (14.8 ft).
5.
Where the lot is a corner lot, no portion of any pump island shall be located closer than 3
m (9.8 ft) to a straight line between a point in the front lot line and a point in the exterior
side lot line, each such point being 15 m (49.2 ft) distant from the intersection of such
lines.
6.
The minimum distance between a driveway and the intersection of street lines, measured
along the street line shall be 4.5 m (14.8 ft).
7.
The minimum interior angle of intersection between a driveway and a street line shall be
45 degrees and the maximum interior angle between a driveway and a street line shall be
90 degrees
3.4
Backyard Hens
The keeping of Backyard Hens is permitted within any zone that permits a dwelling as a principal
permitted use, in accordance with the following provisions:
1.
Backyard Hen Coops and Backyard Hen Runs shall not be located in the front yard or
exterior side yard of any lot and shall be located a minimum of 1.2 m from all interior
side and rear lot lines.
2.
Notwithstanding the provisions of the Agricultural Use Restrictions (Hobby Farms)
Section, a maximum of six (6) Backyard Hens will be permitted.
3.
Roosters shall not be permitted.
4.
Notwithstanding the foregoing, where a lot is less than 2 hectares in size, zoned Rural or
Agricultural and is outside of the Hamlet or Merrickville Urban Boundary Designation in
the Official Plan, the following shall apply:
1. A maximum of 18 chickens will be permitted.
2. Section 3.4.3 does not apply.
5.
Backyard Hen Coops and Backyard Hen Runs shall be located at least 3 m from any
dwelling located on an abutting property.
6.
A backyard hen coop shall not exceed 3 m in height or 20 m2 in size, excluding the hen
run.
SECTION 3: GENERAL PROVISIONS
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39
7.
A Backyard hen run shall not have a fence which exceeds 3 m in height or 20 m2 in size,
excluding the hen coop.
3.5
Bed and Breakfast
Where listed as a permitted use, a bed and breakfast establishment may be conducted within a
detached dwelling provided that:
1.
The number of guest rooms shall not exceed 4.
2.
A minimum of 1 parking space for each guest room shall be required.
3.6
Buildings to be Moved
No building or structure shall be moved within the limits of the Village or shall be moved from
outside the Village into the Village unless the building or structure is a permitted use and
conforms to all the requirements of the zone in which it is to be located, and then only after a
permit has been obtained from the Chief Building Official.
3.7
Non-Conforming/Complying Uses and Exceptions
3.7.1
Conformity and Compliance
1.
Save as otherwise provided in this By-law, no land, building or structure shall be used for
any purpose, and no building or structure shall be erected or altered for any purpose
except as hereafter stated in this By-law and in compliance with all of the applicable
provisions of this By-law.
2.
No person shall change the purpose for which any lot, building or structure is used, or
erect any new building or structure or an addition to any existing building or structure or
sever any lands from any existing lot if the effect of such action is to cause adverse
impact to the original, adjoining, remaining or new use, building or structure or lot to be
in contravention of this By-law.
3.
Nothing in this By-law shall apply to exempt any person from complying with the
requirements of any other By-law in force within the Municipality, or from obtaining any
license, permission, consent, permit, authority or approval required by this or any other
By-law of the Municipality or by any other Federal, Provincial or Municipal Law in force
at the time of the passing of this By-law.
4.
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed
by a governmental authority having jurisdiction to make such restrictions.
5.
Notwithstanding anything in this By-law, no person shall reduce any lot in area or
frontage, either by conveyance or other alienation of title of any portion thereof so as to
contravene any of the provisions of this By-law. However, no person shall be deemed to
have contravened any provision of this By-law by reason of the fact that any part or parts
of any lot has or have been conveyed to or acquired by any Public Authority.
3.7.2
Non-Conforming and Non-Complying Uses
SECTION 3: GENERAL PROVISIONS
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40
1.
Continuation of Non-Conforming Uses
The provision of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose prior to the adoption of this By-law, so long as it
continues to be used for that purpose.
2.
Change of Non-Conforming Uses
A use of a lot, building or structure which, under the provisions hereof, is not permitted
within the zone in which such lot, building or structure is located, shall not be changed
except to a use which is permitted within such zone or to a use which is authorized by the
Committee of Adjustment pursuant to its powers under the Planning Act, RSO 1990, as
amended.
3.
Termination of Non-Conforming Uses
A non-conforming use shall be considered to be terminated once the use ceases and the
property is used for a permitted use, or where a lot, building or structure housing a non-
conforming use remains vacant for a period of one year.
4.
Repair and Replacement of Non-Conforming and Non-Complying Uses
Nothing in this By-law shall prevent the repair, or the replacement, in whole or in part, or
the strengthening to a safe condition, of any building or structure, or part of such building
or structure, which is non-conforming or non-complying with respect to the provisions of
this By-law, provided such alteration or repair does not increase the height, size or
volume or change the use of such building or structure.
5.
Permitted Extensions to Non-Complying Uses
Except as provided for in Section 3.6.5, nothing in this By-law shall prevent an extension
or an addition being made to a use, building or structure which existed at the date of
passing of this By-law and which is a permitted use in the zone in which it is located-, but
which does not comply with one or more of the zone provisions of this By-law, provided
such extension or addition does not contravene any of the provisions of this By-law.
3.7.3
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use of any building or
structure for a purpose prohibited by this By-law, the plans for which have been approved by the
Chief Building Official prior to the date of the 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 provided the erection of such building or structure is commenced within two years after the
date of the passing of this By-law, and such building or structure is completed within a reasonable
time after the erection thereof is commenced.
3.7.4
Lots in More than One Zone
SECTION 3: GENERAL PROVISIONS
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1.
Except as provided for in Section 3.6.5.2, where a lot is divided into more than one zone,
each such portion of the lot shall be used in accordance with the provisions of this By-law
for the zone where such portion of the lot is located. Each such portion of the lot shall be
considered as a separate lot for the purpose of determining zone provisions.
2.
Notwithstanding the foregoing, where a shoreline area of a lot is placed in the
Environmental Protection (EP) Zone or in the Flood Plain overlay Zone, such area may
be considered as part of the lot for the purpose of determining the minimum required lot
area and setback from a waterbody, provided that written approval of the sewage disposal
system is obtained from the Approval Authority.
3.7.5
Lots Having Less Area and/or Frontage
1.
Except as may otherwise be provided for in Section 3.6.5.2, where a lot having a lesser
lot area and/or lot frontage than that required herein is held under distinct and separate
ownership from abutting lots as shown by a registered conveyance in the records of the
Registry or Land Titles Office at the date of the passing of this By-law, or where such a
lot is created as a result of any expropriation by or conveyance to a Public Authority, or
of any dedication required for site plan approval, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot, provided that all
other requirements of this By-law are met, and provided further that written approval of
the sewage disposal facilities is obtained from the Approval Authority.
2.
In the Limited Services Residential (LSR) Zone, where a lot having a lesser lot area
and/or lot frontage than that required herein is enlarged by a lot addition, whether or not
such lot addition results in the lot having the minimum required lot area and/or frontage,
the following provisions shall apply.
i) The lot addition need not be located in the same zone as such smaller lot.
ii) Where the lot addition is located in another zone, it shall be deemed to be located
entirely in the Limited Services Residential (LSR) Zone and the zone regulations of
this By-law shall apply as though the entire lot is located in the Limited services
Residential (LSR) Zone. Where such smaller lot and the lot addition are separated by
a road allowance, both lots shall be deemed to be one lot for the purposes of this By-
law.
3.
Where an existing building or structure is to be altered, enlarged or renovated for use as a
seasonal dwelling or a single detached dwelling, the provisions of Section 2.2 shall apply
except that any yards which would be made not to conform to the minimum yard
requirements of this By-law by virtue of the lot addition shall be deemed to conform to
the regulations of this By-law.
3.7.6
Construction Uses
1.
A building or structure, incidental to construction on the lot where such building or
structure is situated such as a construction camp or other such temporary work camp, tool
shed, scaffold or other similar building or structure shall be permitted in all zones for as
long as it is necessary for the construction in progress to be completed or abandoned, but
only while a valid building permit for such construction remains in force.
SECTION 3: GENERAL PROVISIONS
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2.
Abandoned in this subsection shall mean the failure to proceed expeditiously with the
construction work or the failure to undertake any construction work during a continuous
12-month period.
3.7.7
Yard, Setback and Height Encroachments Permitted
The following yard, setback and height encroachments shall be permitted provided such
encroachments do not encroach on any required parking or sight triangles.
1.
Ornamental Structures
Notwithstanding the yard provisions of this By-law to the contrary, sills, belt courses,
chimneys, eaves, gutters, parapets, pilasters or other ornamental structures may project
into any required yard a maximum distance of 0.5 m (1.6 ft).
2.
Window Bays
Notwithstanding the yard provisions of this By-law to the contrary, a window bay,
excluding eaves and cornices, may project into any required yard a maximum distance of
1 m (3.3 ft), provided the bay window does not exceed a maximum width of 3 m (9.8 ft).
3.
Accessory Structures
Notwithstanding the yard provisions of this By-law to the contrary, drop awnings, flag
poles, garden trellises, fences, retaining walls, fences, signs or similar accessory
structures shall be permitted in any required yard.
4.
Unenclosed Porches, Balconies, and Steps
Notwithstanding the yard provisions of this By-law to the contrary, unenclosed porches,
balconies, and steps, whether covered or uncovered, may project into any required yard a
maximum distance of 2.5 m (8.2 ft) but not closer than 2.5 m (8.2 ft) to an interior lot
line, provided they do not exceed a maximum width of 3 m (9.8 ft), and provided that
they do not encroach on the required setback from a waterbody. In the case of
encroaching porches and steps, such structures shall not be more than 1 m (3.3 ft) above
grade.
5.
Terraces, Decks and Patios
Except as otherwise permitted under Section 3.27.2, uncovered terraces, decks or patios
may extend into any yard but not closer than 2.5 m (8.2 ft) to an interior side lot line,
provided that they do not encroach on the required setback from a waterbody. In the case
of encroaching terraces and patios such structures shall not be more than 1 m (3.3 ft)
above grade.
6.
Fire Escapes
Notwithstanding the yard provisions of this By-law to the contrary, unenclosed fire
escapes, in which the stair steps and floors are latticed in such a manner that the
proportions 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, may project into any
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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43
required side or rear yard a maximum distance of 1 m (3.3 ft) but not closer than 2.5 m
(8.2 ft) to an interior side lot line.
7.
Building Setback in Built-Up Area
Notwithstanding anything else in this By-law, in any Residential Zone except the Limited
Services Residential (LSR) Zone, structures built between existing buildings or adjacent
to existing buildings which are located on the same block and which are separated by no
more than 120 m (394 ft) may be built with a setback equal to the average setback of the
adjacent buildings, but this depth need be no greater than the front yard and setback
regulations prescribed in the zone in which it is situated. Notwithstanding the foregoing,
the front yard shall not be less than 3 m (9.8 ft) for interior lots and 3.5 m (11.5 ft) for
corner lots, provided that the driveway which provides access to the required parking
space(s) is at least 6 m (19.7 ft) in length, and provided further that there is no
encroachment on the required setback from a waterbody.
8.
Height Exceptions
Notwithstanding the height provisions of this By-law to the contrary, nothing in this By-
law shall apply to prevent the erection and/or use of an elevator housing, a roof stairway,
a water tank, a skylight, a steeple or church spire, a silo, a belfry, a flag pole, a clock
tower, a chimney or smokestack, a radio or television tower or antenna, a satellite dish, a
ventilation fan housing, a firewall or a parapet wall, or a roof sign.
9.
Satellite Dishes
No satellite dish shall be located in any required yard.
3.7.8
Yard Exceptions for Waterbodies, Watercourses, Embankments and Cliffs
Where a front, side or rear yard is required in this By-law, and part of the area of the lot is usually
covered by water or marsh, or is beyond the rim of a waterbody or watercourse, or between the
stable top of slope, or limit of hazard, then the required yard shall be measured as the horizontal
distance between the nearest main wall of the main building or structure on the lot and the edge of
said area covered by water or marsh, or to the rim of said waterbody or watercourse, or to the
stable top of slope, or limit of hazard if such area is closer than the lot line.
3.7.9
Lane as Yards
Where the rear lot line of a lot adjoins any portion of a lane, one-half of the width of that portion
of such lane may be considered part of the lot for the purpose of computing the area of the lot and
for the purpose of computing the depth of any rear yard required under this By-law, provided that
the depth of any required rear yard shall not be less than 6 m (19.7 ft), exclusive of the lane.
3.8
Dangerous Substances
Pursuant to the Health Protection and Promotion Act or regulations thereunder, no use shall be
permitted which, from its nature or the materials used therein, is declared to be a noxious trade,
business or manufacture.
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3.9
Day Nurseries
Licensed day nurseries shall be permitted in all Residential Zones except the Limited Services
Residential (LSR) Zone, in all Commercial Zones, the Hamlet Zone, in the Light and Rural
Industrial Zones, and in the Rural Zone, in accordance with the following provisions:
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
540m2 (5813 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
40m (131.2 ft)
3. front yard depth (minimum)
12.5 m (41 ft) in the Rural (RU) Zone and 6 m (19.7
ft) in all other Zones.
4. exterior side yard width (minimum)
6 m (19.7 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
40%
80%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
3.10
Dwelling Units Below Grade
No dwelling unit, in its entirety, shall be located in a cellar. However, a portion of a dwelling
unit may be located in a cellar.
A dwelling unit, in its entirety, may be located in a basement, provided that the finished floor
level of such basement is located above the level of the sanitary and storm sewer servicing
systems of the building in which such basement is located or provided that the dwelling unit is
serviced by appropriate sewer pumping facilities.
3.11
Established Building Line in Built Up Area
1.
Where the front yard setback of at least one of the residential lots on either side of
another residential lot is less than the required front yard setback for the zone but was
lawfully established, the front yard setback for the middle residential lot may be reduced
to the greater of, (a) 1.5 metres, or (b) the average of the two front yard setbacks of the
other two lots.
2.
Where one of the lots on either side of the middle lot mentioned in subsection (1) is
vacant, and the other lot is less than the required front yard setback for the zone but was
legally established, the front yard setback for the middle lot may be reduced to the greater
of, (a) 1.5 metres, or (b) the average of the required front yard setback for the zone and
the front yard setback of the lot that is not vacant.
3.
Subsections (1) and (2) apply to both an addition to a residential building or to a new
residential building on the middle lot.
3.12
Fences
1.
No fence shall be constructed at a height greater than 1.22 meters in the front or exterior
SECTION 3: GENERAL PROVISIONS
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45
side yard and no greater than 1.88 m in all other yards on a lot in a residential zone.
2.
No person shall erect a fence or privacy screen unless it is; constructed of materials
specifically designed or commonly used for fencing purposes and is in good repair,
including being vertical, stable and structurally sound.
3.13
Frontage on an Opened Street
No building or structure shall be erected in any zone except the Limited Services Residential
(LSR) Zone or Tourist Commercial (C4) Zone unless the lot on which such building or structure
is located has frontage on an opened public street as herein defined. In the case of the Tourist
Commercial (C4) Zone, this provision shall only apply if the lot on which the building or
structure is located is a waterfront lot.
This provision shall not apply to:
1.
a lot on a registered plan of subdivision where an agreement between the owner and the
Corporation, which includes provisions for the construction of the streets in the
subdivision, is registered in the Registry Office or the Land Titles Office; or,
2.
to conservation, forestry, general agricultural, and hunting/fishing camps, provided that
there is no permanent dwelling on the lot.
3.14
Frontage on More Than One Street
Where a lot fronts on more than one street and is not a corner lot, the requirements for front yards
contained in this By-law shall apply to each yard abutting the street in accordance with the
provisions of the zone or zones in which such lot is located.
3.15
Group Homes
1.
Type "A" Group Homes shall be a permitted use in all zones in which a single detached
dwelling is permitted as a principal use, except in the Limited Services Residential (LSR)
Zone, in accordance with the following provisions.
2.
Type "A" Group Homes may be permitted in single detached dwellings and in both units
of semi-detached and duplex dwellings, provided that both units are occupied by one
group home operation and that the total number of residents (excluding staff or receiving
family) in both units does not exceed ten.
3.
A Group Home shall not be permitted in accessory single detached dwelling houses or in
accessory dwelling units.
4.
Type "B" Group Homes shall be permitted subject to a site-specific Zoning By-law
amendment.
3.16
Agricultural Use Restrictions (Hobby Farms)
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46
On lots within the Agricultural (A) or Rural (RU) zone that are under 2 hectares (5 acres) in size,
the maximum number of livestock units permitted shall be limited to 1 livestock unit per 0.8
hectares (2 acres) of land.
1.
The barn shall comply with the provisions of Section 3.1 for accessory buildings and
structures.
2. A hobby farm shall comply with the Minimum Distance Separation (MDS) formula as
issued by the Ontario Ministry of Agriculture, Food and Rural Affairs.
3.17
Holding Zones
1.
Any parcel or area of land in any zone of this By-law may be further classified as a
holding zone with the addition of the suffix "h". The intent is to signify Council's
approval in principle to future development of the land for the purposes indicated by the
zone symbol. The holding classification added to a given zone symbol shall restrict
development of the land until such time as the terms and conditions of the removal of the
holding symbol have been satisfied.
2.
Where a holding zone applies, no lands shall be used and no buildings or structures shall
be erected or used for any purpose other than uses existing on the date of passing of this
By-law.
3.18
Home Occupations
3.18.1 A home occupation, as herein defined, shall be permitted as an accessory use in any dwelling,
except a dwelling in the Limited Services Residential (LSR) zone, in accordance with the
following provisions.
1.
Residential Character
The home occupation use(s) shall not cause any individual or cumulative adverse effects
that change the residential character of the main residential use. The use(s) shall not:
i. be visible or apparent from adjacent properties, other than due to permitted
signage if any;
ii. cause a nuisance or annoyance or loss of enjoyment to neighbours; or,
iii. cause a significant increase in traffic on streets serving the dwelling.
2.
Compatibility
The home occupation use(s) shall not generate noise, vibration, fumes, dust, effluent,
odour, glare, magnetic fields or radiation, which is evident outside of the dwelling unit or
which exceeds limits established by existing By-laws and Provincial or Federal
legislation or policy.
3.
Size
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Village of Merrickville-Wolford Zoning by-law No. 33-25
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47
The amount of floor area deemed separate and exclusively dedicated for the home
occupation use(s) shall not exceed 33% of the total gross leasable floor area of the
dwelling unit, or 46 m2 (495 ft2), whichever is the lesser.
4.
Location
i) The floor area permitted for home occupation use(s) may be located in any
portion of the dwelling unit.
ii) Not more than 46 m2 (495 ft2) of the floor area may be located in a private garage
or in an accessory building, provided these structures comply with all other
provisions of this By-law.
5.
Employees
The home occupation use(s) may have, in addition to the residents of the dwelling unit,
no more than 2 employee(s) at a time working on the premises, provided that if the
employees require parking, it shall be provided on the lot.
6.
Exterior Effects
The home occupation use(s) shall be entirely enclosed within the dwelling unit or
accessory building(s). Goods or materials associated with the home occupation use(s)
may be stored or displayed only within the floor area of the dwelling unit and/or
accessory building permitted for home occupation uses and shall not be visible from
adjacent properties.
7.
Radio, Television and Satellite
The home occupation use(s) shall not interfere with telephone, television, radio, or
satellite reception.
8.
Health/Life/Fire Safety Hazard
The home occupation use(s) shall not be deemed to present a health, life and/or fire safety
hazard, as regulated by the Ontario Building Code, the National Fire Code, Energy of
Ontario, or the Ontario Ministry of Health, or other provincial or federal legislation.
9.
Water and Sewer Services
Any proposed home occupation use(s) which places demands on water and sewage
disposal services that could possibly exceed normal domestic requirements, whether such
services are public or private, will require approval from the government agency which
provides or regulates the service. Home occupation use(s) which are located in an
accessory building may be serviced by municipal or private water and sewer services
provided that there is no sanitary facility (toilet) located in the accessory building.
10.
Retail Sales and Rental
The home occupation use(s) shall only permit rental or retail sales at the dwelling unit of
merchandise that is:
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i) produced, assembled, repaired, or otherwise has value added to, within the
dwelling unit or its accessory building(s); or
ii) associated with a service being provided as part of the home occupation use(s).
11.
Distribution Sales
The home occupation use(s) shall permit the business of transacting a sale where the
customer contacts the business to place an order to purchase merchandise, and the
merchandise is either picked up by the customer or delivered from the business or from
another location to the customer.
12.
Instruction or Education
The home occupation use(s) may involve instructional or educational activity, in
accordance with the following provisions.
i. The activity shall be limited to a maximum of 3 students at a time per dwelling
unit, or if the activity requires that there be 4 or more students this may be
permitted provided that all requirements of fire, health and life safety have been
met through a building permit application, if required.
ii. The teaching of music, dance, or other physical activity that is likely to create
noise or vibration shall be permitted only within fully detached dwellings or in
multiple attached dwellings where it can be ensured that noise or vibration will
not be detectable to the occupants of adjacent dwelling units.
13.
Delivery Vehicles
The home occupation use(s) may have any commodities sold or services rendered that
require receipt or delivery of merchandise, goods, or equipment only by modes typically
involved in residential deliveries. No deliveries or pick-ups are permitted between the
hours of 7:00 PM and 7:00 AM.
14.
Specifically Prohibited Uses
The following uses do not fall within the definition of home occupation uses:
i. a use which does not comply with any one of the preceding provisions;
ii. a use which has not received a license under any other municipal by-law, as
required;
iii. licensed day nursery;
iv. dry cleaning distribution station;
v. home for the aged or nursing home;
vi. laundromat;
vii. restaurant of any type;
viii. retail store;
ix. sales or service of motorized vehicles, machinery or equipment;
x. Commercial yard sale; or
xi. sales or installation of automotive and audio parts and products.
3.18.2. A rural home occupation, as herein defined, shall be permitted as an accessory use in any
dwelling which is permitted as a principal use in any zone as shown on Schedule A, except in the
SECTION 3: GENERAL PROVISIONS
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Limited Services Residential (LSR) Zones and the Mobile Home Development (MHP) Zone in
accordance with the following provisions.
1.
The provisions of Section 3.15.1 shall apply, except as provided below.
2.
Rural home occupations shall also be permitted within an accessory building or structure
and shall occupy an area of not more than 100 m2 (1,076 ft2) of the building or structure.
3.
Rural home occupations may include accessory open uses and storage provided such
open uses and storage are limited to 200 m2 (2,153 ft2) and provided such open uses and
storage are not located within any of the required yards of the zone in which such rural
home occupation is located.
4.
In addition to the permitted uses in Section 3.15.1, a rural home occupation also includes
a business which is accessory to an agricultural use and may include the servicing and
repair of farm equipment, the grading of produce or similar activities.
3.19
Illumination
1.
Lighting fixtures, designed to illuminate wharves and other waterfront facilities, which
are not public uses, shall be installed with the light directed downward or away from the
water.
2.
Lawn lamps may be located at the edge of any driveway or laneway and shall be located
so as not to interfere with nighttime traffic movement.
3.
All lighting fixtures, in all zones, other than those specified above, which are designed
for exterior illumination and which are not public uses, shall be installed with the light
directed and deflected away from adjacent lots and streets and be full cut off in design.
Such lighting fixtures shall not be more than 9 m (29.5 ft) above finished grade and no
closer than 4.5 m (14.8 ft) to any street line.
3.20
Kennel
1.
A Commercial Kennel, as herein defined, shall be set back a minimum of 150 m from the
boundary of neighbouring properties, and shall be considered a commercial use subject to
Site Plan Control.
2.
A Hobby Kennel, as herein defined, shall be set back a minimum of 50 m from all
adjacent lot lines.
3.21
Landscaped Open Space
3.21.1 Requirements
1.
Where any lot in a commercial or industrial zone abuts a lot in another zone or where any
lot is used for institutional purposes, a continuous strip of landscaped open space having
a minimum width of 3 m (9.8 ft) shall be provided along the abutting lot line.
SECTION 3: GENERAL PROVISIONS
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2.
In any yard in a non-residential zone, where the required parking abuts a lot in a
residential zone, then a continuous strip of landscaped open space a minimum width of 3
m (9.8 ft) shall be provided along the abutting lot line.
3.
In any zone where the required parking abuts a street, then a strip of landscaped open
space a minimum width of 1.5 m (4.9 ft) shall be provided along the lot line abutting the
street and the landscaped strip shall be continuous except for aisles and driveways
required for access to the parking area.
4.
Any portion of any front yard which is not used for any other purpose permitted in this
By-law shall be devoted to landscaped open space.
3.21.2 Driveways or Walks
In all cases where driveways or walks extend through the landscaped open space, it is permitted
to interrupt the strip within 3 m (9.8 ft) of the edge of such driveway or within 1.5 m (4.9 ft) of
the edge of such walk.
3.21.3 Accessory Uses
No accessory use shall be permitted to locate within the required landscaped open space.
3.22
Loading Space Regulations
The owner or occupant of any lot, building or structure erected or used for any purpose involving
the receiving, shipping, loading or unloading of animals, goods, wares and merchandise and raw
materials shall provide and maintain at the premises, on the lot occupied by the building or
structure and not forming part of a street or lane, within the zone in which such use is located,
loading or unloading facilities comprising one or more loading or unloading spaces 9 m (29.5 ft)
long, 3 m (9.8 ft) wide, and having a vertical clearance of at least 4 m and in accordance with the
following:
3.22.1 Number of Spaces Required
TOTAL FLOOR AREA OF
BUILDING OR STRUCTURE
NUMBER OF LOADING SPACES
REQUIRED
280 m2 (3,014 ft2) or less
0
Exceeding 280 m2 (3,014 ft2) but
not 2,300 m2 (24,758 ft2)
1
Exceeding 2,300 m2 (24,758 ft2)
1 plus 1 additional space for each
additional 2,300 m2 (24,758 ft2) or part
thereof
provided, however, that in addition to the above number of loading spaces,
adequate space shall be provided for the parking of vehicles awaiting access to
loading spaces.
3.22.2 Access
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Access to loading or unloading spaces shall be by means of an aisle at least 3.7 m (12.1 ft) wide
contained within the lot on which the spaces are located, and leading to a street or lane located
within or adjoining the zone in which the use is located.
3.22.3 Location
The loading space or spaces required shall be located in the interior side or rear yard, and may
also be located in front or exterior side yards provided they are not located in the required front or
exterior side yard.
3.22.4 Surface
The loading spaces and aisles shall be surfaced with a stable material such as concrete, asphalt,
crushed stone or gravel.
3.2.5
Cumulative Standards
Where there are two or more uses located on the same lot, the loading space requirements shall be
the sum of the requirements of each use.
3.22.6. Additions to Building
The loading space requirements referred to herein shall not apply to any building in existence at
the date of passing of this By-law so long as the floor area, as it existed at such date, is not
increased. If an addition is made to the building or structure which increases the floor area, then
additional loading spaces shall be provided for such addition as required above.
3.23
Minimum Distance Separation
3.23.1 Notwithstanding any other provision of this By-law to the contrary, no building or structure shall
be erected or altered unless it complies with the Minimum Distance Separation (MDS I), as
calculated in accordance with the MDS I formulae, except that this provision shall not apply to
the following:
1.
any building or structure which is permitted as a Public Use under Section 3.26 of this
By-law;
2.
any building or structure which is located on the same lot as the agricultural use for
which the MDS I formulae would otherwise be calculated;
3.
any lot existing at the date of the passing of this By-law on which no building or structure
would be permitted if the MDS I formulae were to be applied to the said lot, except that
the MDS I formulae shall apply if the said lot is large enough to accommodate the
building or structure in compliance with the MDS I formulae; or
4.
any land which is located in the Merrickville urban area, in a Hamlet, or which is located
east of the Merrickville urban area between the Rideau Canal and nearest parallel road,
being either County Road 43 or 23, whichever is closer to the Canal, all as identified on
Schedules A and B of this By-law.
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Village of Merrickville-Wolford Zoning by-law No. 33-25
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3.23.2 Notwithstanding any other yard or setback provisions of this By-law to the contrary, no livestock
facility shall be erected or expanded unless it complies with the Minimum Distance Separation
(MDS II), as calculated in accordance with the MDS II formulae in Appendix A of this By-law.
3.24
Mobile Homes and Recreational Vehicles as Temporary Dwellings
3.24.1 Except as otherwise permitted in this By-law, a mobile home or recreational vehicle shall not be
used for residential or non-residential purposes within the municipality except as a temporary
office, temporary residence, tool storage shed or similar use on a construction site provided that
the use is terminated when the work is completed or abandoned.
3.24.2 Notwithstanding the generality of the foregoing, a mobile home or recreational vehicle shall only
be used as a temporary residence for such period as there is a valid building permit for the
construction of a permanent single-detached or seasonal dwelling, and provided that written
approval in the form of an agreement is obtained from the municipality. The written agreement
to permit a mobile home or recreational vehicle to be used as a temporary residence shall be for a
period of not exceeding one year, but may be extended for another year provided that the
municipality is satisfied that reasonable progress is being made to complete the permanent
dwelling.
3.25
Objects Stored in Yards
3.25.1. Except as hereinafter provided no person shall obstruct any required front yard or rear yard by the
location of a building or structure, or by the storage of lumber, salvage or similar material.
3.25.2. In any zone in which a dwelling is permitted as a principal use, the following provisions apply:
1.
The parking or storage of one commercial vehicle, not in excess of 4,500 kg. (9,921 lb)
vehicle weight, shall be permitted except in the LSR Zone.
2.
Where a recreational vehicle is parked in any yard of a lot, such vehicle shall not be used
for living or sleeping accommodation for longer than 30 consecutive days by any person
in transit between one place and another; but in no event shall such living or sleeping
accommodation be leased or rented.
3.
No person shall use any lot for the outside storage of:
i) a motor vehicle which has had part or all of its superstructure removed; or,
ii) a motor vehicle which is unlicensed.
4.
No person shall use any lot for the purpose of outside parking or storage of a recreational
vehicle, except as provided below:
i) one boat;
ii) one motor home;
iii) two all terrain vehicles or snowmobiles;
iv) one travel trailer.
This provision shall not apply to prevent the parking or storing of one or more boats on a
lot which abuts a shoreline.
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5.
The parking or storage of a recreational vehicle may be permitted for a period of not
more than 72 hours in any one calendar month in a front yard or exterior side yard.
6.
Notwithstanding the foregoing, where a lot is used for a dwelling house containing more
than 2 dwelling units, the limitations imposed herein shall not restrict the number of
recreational vehicles that are stored on the lot provided the area, building or structure
used for such storage complies with the yard provisions of the zone in which such area,
building or structure is located and has been approved by the Corporation under a site
plan agreement. Such area, building or structure shall be in addition to the required
parking.
3.26
Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures or parts
thereof;
1.
any private garage or other building which is accessory to a residential use;
2.
any truck, bus, coach or street car body whether or not the same is mounted on wheels;
3.
any cellar, as defined in this By-law;
4.
any building or structure before the main wall and roof have been erected, application of
the exterior siding and roofing has been completed and the kitchen, heating and sanitary
conveniences have been installed, unless approval of the Chief Building Official has been
obtained in advance.
5.
any trailer other than as temporary or seasonal accommodation, pursuant to Section
3.23.2.2 herein.
3.27
Parking Area Regulations
3.27.1 The owner of every building or structure erected or used for any of the purposes hereinafter set
forth shall provide and maintain for the sole use of the owner, occupant or other persons entering
upon or making use of the said premises from time to time, parking spaces and areas in
accordance with the following table. Where the minimum requirement by zone differs from the
minimum requirement by type of use, the higher standard shall apply.
TYPE OF USE
MINIMUM PARKING REQUIREMENT
Single-detached Dwelling
Semi-detached Dwelling
Duplex Dwelling
Triplex Dwelling
Fourplex Dwelling
Seasonal Dwelling
1 parking space per dwelling unit.
Street Townhouse Dwelling
1 parking space per dwelling unit located in a
private garage.
Senior Citizens Housing
1 parking space per 3 dwelling units, or
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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TYPE OF USE
MINIMUM PARKING REQUIREMENT
fraction thereof.
Other Residential Uses
1.25 parking spaces per dwelling unit or
fraction thereof.
Boarding/Rooming House
1 parking space plus 0.25 spaces per boarder.
Group Home
1 parking space per on duty employee plus 1
space per 5 beds, or fraction thereof.
Elementary School
1.5 parking spaces per classroom, and 1
parking space per 4 m² (43.1 ft2) of floor area
in the gymnasium; or
Secondary School
4 parking spaces per classroom and 3 spaces
per 4 m² (43.1 ft2) of floor area in the
gymnasium; or
Assembly Hall
Community Centre
Place of Worship
Commercial Sports and/or Recreation Centre
Place of Recreation
Place of Entertainment (other than listed
separately)
1 parking space for every 4-person
occupancy based on OBC design occupancy
limits
Bowling Alley
Curling Rink
2 parking spaces per bowling lane or curling
sheet, plus 1 parking space per 6 seats design
capacity of the area for accessory uses.
Funeral Home
1 parking space per 18m² (193.8 ft2) of gross
floor area, or fraction thereof, with a
minimum of 8 parking spaces.
Institution
1 parking space per 100 m² (1076.4 ft2) of
display/assembly area, or fraction thereof,
including basement area used for display,
with a minimum of 4 parking spaces.
Licensed Day Nursery
1 parking space per on duty employee plus 1
space per 12 children.
Hospital
Nursing Home
Home for the Aged
1 parking space for every 2 beds.
Bed and Breakfast
1 parking space per guest room
Tourist Establishment
1 parking space per guest room, plus 1
parking space per 8 persons design capacity
of the beverage room, eating area, or meeting
room.
Restaurant
Beverage Room
The greater of:
1 parking space per 14 m² (150.7 ft2)of gross
floor area; or
1 parking space per 4 persons design
capacity of the eating area or beverage room.
Restaurant, Take-out
1 parking space per 9.5 m² (102.3 ft2) of
gross floor area, or fraction thereof.
Medical Clinic
1 parking space per 30 m² (322.9 ft2) of gross
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TYPE OF USE
MINIMUM PARKING REQUIREMENT
Animal Clinic
Animal Care
Contractor or Tradesman Establishment
Printing Shop
Industrial or Business Service Shop
Custom Workshop
floor area with a minimum of 3 parking
spaces.
Office
Public Building
1 parking space per 34 m² (366 ft2) of gross
floor area on the first storey and 1 parking
space per 36 m² (387.5 ft2) of gross floor area
above the first storey.
Furniture, Appliance, Carpet Stores and
similar commercial uses requiring large
display areas
Building Supply Outlet
Greenhouse
Repair Service Shop
Wholesale Outlet
2 parking spaces per 100 m² (1,076.4 ft2) of
gross floor area or fraction thereof, with a
minimum of 8 parking spaces.
Retail, other than listed elsewhere
Convenience Store
Financial Office
Bake Shop
Butcher Shop
Personal Service Shop
Dry Cleaning Distribution Station
Laundromat
1 parking space per 25 m² (269.1 ft2) of gross
floor area or fraction thereof, with a
minimum of 4 parking spaces.
Automobile Sales
Automobile Rental
Automobile Body Shop
Automobile Care
Automobile Gas Bar
Automobile Service Station
Recreation Vehicle Sales
Farm Implement Sales
Commercial Storage
Transportation Terminal
2 parking spaces per 100 m² (1,076.4 ft2) of
gross floor area, with a minimum of 4
parking spaces.
The provision of parking for the storage of
new and used vehicles, boats or trailers for
sale or lease, or service shall not be included
as satisfying the provisions of this clause.
Automobile Washing Establishment
Self-service operation: 2 waiting and 1
drying space per wash rack.
Conveyer operation: 5 waiting spaces per
wash rack.
Warehouse
Bulk Storage
Bakery
Dairy
Dry Cleaning Plant
1 parking space per 120 m² (1,292 ft2) of
gross floor area, or fraction thereof.
Shopping Centre
5.5 parking spaces per 100 m² (1,076.4 ft2) of
gross leasable floor area.
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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TYPE OF USE
MINIMUM PARKING REQUIREMENT
Other Non-Residential uses permitted by this
By-law
1 parking space per 25 m² (269.1 ft2) of gross
floor area.
3.27.2 Calculation of Parking Spaces
For the purposes of calculating required parking, should a fraction result from a calculation, then the
required parking shall be the next highest whole number. For example, if the calculated minimum parking
requirement is 3.25 spaces, then the required minimum parking is 4.0 spaces.
3.27.3 Parking Space Size
1.
In the case of a private garage or carport consists of an area of not less than 14.3 m2
(153.9 ft2) with a minimum width of 2.6 m (8.5 ft);
2.
In the case of regular or angled parking spaces consists of a minimum width of 2.75 m (9
ft) and a minimum length of 5.75 m (18.9 ft), with the parking space measured at right
angles to the angle of parking; and,
3.
In the case of parallel parking spaces, consists of a minimum width of 2.75 m (9 ft) and a
minimum length of 6.7 m (22 ft).
3.27.4 Core Area Parking Area Requirements
On those lands in the Core Area as shaded on Schedule A, the minimum Parking Area
Requirements for Non-Residential Uses, as set out above, shall be reduced by 50 percent.
3.27.5 Parking Lot and Driveway Surface
Each parking lot and driveway connecting a parking lot with a street shall be surfaced with
asphalt, concrete, interlocking pavers or similar hard surfaces or any stable surface treated so as
to prevent the raising of dust or loose particles.
3.27.6 Multiple Use Developments
When a building or structure accommodates more than one type of use as set out in sub-section
3.25.1 above, the parking area requirements shall be the sum of the requirements for the separate
parts of the building or structure occupied by the separate types of use.
3.27.7 Additions to Buildings or Change of Use
When a building or structure has insufficient parking at the time of the 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 or change of use to a permitted
use in the zone in which the building is located. No addition may be built and no change of use
may occur, however, the effect of which would be an increase in that deficiency.
3.27.8 Parking Area Location and Setbacks
USE
YARD IN WHICH REQUIRED PARKING PERMITTED
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USE
YARD IN WHICH REQUIRED PARKING PERMITTED
Single detached
Semi detached
Duplex
Triplex
Fourplex
Street Townhouse
Required parking spaces are permitted in all yards, except the required
front and exterior side yards, wherein a driveway may be located
provided the minimum length of the driveway from a private garage or
carport to the edge of pavement or to an existing or planned sidewalk,
as the case may be, is 6 m (19.7 ft)
All other
residential uses
Required parking spaces are permitted in all yards, except the required
front yard, wherein a driveway may be located provided no parking
spaces and no driveways shall be located within 6 m (19.7 ft) and 3.5 m
(11.5 ft), respectively, of a habitable room window, unless the parking
spaces and/or driveways are reserved for the exclusive use of the
occupants of the dwelling unit containing the habitable room window.
2. Non-Residential
All yards, subject to the provisions of Section 3.18.
3.27.9 Attached Garage and Carport Extensions
USE
PERMITTED EXTENSION
Single detached
Semi detached
Duplex
Triplex
Fourplex
Street Townhouse
No attached garage or carport may extend more than 2.5 m (8.2 ft) closer to a
street line than:
i. a main building wall; or,
ii. a covered porch that is at least 2.5 m (8.2 ft) in width.
3.27.10 Attached Garage or Carport and Driveway Widths
USE
LOT WIDTH
MAXIMUM
ATTACHED
GARAGE OR
CARPORT WIDTH
MAXIMUM
DRIVEWAY
AND/OR
PARKING SPACE
WIDTH
Single detached
Semi detached
Duplex
Triplex
Fourplex
Street Townhouse
less than or equal to 7 m (23 ft)
3.8 m (12.5 ft)
3 m (9.8 ft)
more than 7 m (23 ft) and less
than or equal to 10.5 m (34.4 ft)
4.9 m (16.1 ft)
3.5 m (11.5 ft)
more than 10.5 m (34.4 ft) and
less than or equal to 19.5 m (64
ft)
6.4 m (21 ft)
6 m (19.7 ft)
more than 19.5 m (64 ft)
9.5 m (31.2 ft)
9 m (29.5 ft)
3.27.11 Parking Space Location on Other Lot
Where the owner of a building or structure proposes to provide the required parking spaces and
areas in a location other than on the same lot as the use that requires such spaces and areas, then
such spaces and areas shall be located not more than 150 m (492 ft) from the said lot. Where
required parking is not provided on the same lot, the lot or part of the lot where the parking is
located shall be required to be dedicated parking under a long-term lease in favour of the property
which requires the parking spaces and areas.
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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3.27.12 Temporary Car Shelters
In any "Residential" zone , temporary car shelters may be erected and used for the storage of
personal vehicles between October 15 and April 15 of the following year, provided that they are
not located in the required front or exterior side yards, and provided that they are dismantled and
stored during the period of time in which they are not permitted. Nothing in this provision shall
be interpreted so as to prohibit any other permanent or temporary shelter or structure that is
otherwise permitted in the Zone in which it is located or that is permitted under the accessory use
provisions of Section 3.2 of this By-law.
3.28
Public Uses and Services
3.28.1 The provisions of this By-law shall not apply to the use of any lot or the location or use of any
building or structure for the purpose of a public use by the Corporation or by any local board of
the Corporation as defined by The Municipal Act, R.S.O. 1990 as amended, any telephone,
telegraph or telecommunications corporation, any natural gas distribution system operated by the
Corporation or on its behalf by a company distributing gas to the residents of the Corporation and
possessing all the necessary powers, rights, licenses and franchise, any Conservation Authority
established by the Government of Ontario, any department of the Government of Ontario or
Canada, including Ontario Hydro, any use permitted under The Railway Act or any other statutes
of Ontario or Canada governing railway operations, including tracks, spurs and other railway
facilities, provided that where such lot, building, structure, use or transmission facility is located
in any zone:
1.
no goods, materials or equipment shall be stored in the open, except as permitted in such
zone;
2.
any above-ground use carried on under the authority of this paragraph in any Residential
zone shall be maintained in general harmony with Residential buildings in such zone.
3.
the lot coverage, setback and yard requirements prescribed for the zone in which such
land, building or structure is located shall be complied with.
3.28.2. Nothing in this By-law shall prevent the use of land as a street or prevent the installation of a
public utility such as a watermain, sanitary sewer, storm sewer, gas main, pipeline or overhead or
underground hydro electric or telephone line, traffic or other sign, or other supply and/or
communication line, including their distribution, transformer, pumping and/or regulation stations.
3.29
Setbacks
3.29.1. Streets
1.
All buildings and structures located along County Roads shall comply with the specific
setback requirements established by the County. Development permits for such lands
shall be obtained from the County Roads Department.
3.29.2. Water Setbacks
SECTION 3: GENERAL PROVISIONS
Village of Merrickville-Wolford Zoning by-law No. 33-25
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59
1.
All buildings and structures, except a marina or a marine facility, shall be set back a
minimum horizontal distance of 30 m (98.4 ft) from the normal high water mark of a
waterbody. Except for a marina, within the 30 m (98.4 ft) setback, a maximum of 25% or
15 m (49.2 ft) of the shoreline area, whichever is the lesser, may be used for marine
facilities, pump houses, stairs, decks, patios, gazebos and all other accessory structures.
For the purposes of this Section, the shoreline area shall include that portion of the lot
lying within 3 m (9.8 ft) of the shoreline.
2.
The septic system and tile field shall be set back a minimum horizontal distance of 30 m
(98.4 ft) from the normal high water mark of a waterbody. Where there is insufficient lot
area, consideration of a reduced water setback may be considered by the Committee of
Adjustment but in no case shall the setback be less than 15 m, (i.e. the minimum setback
required under the Ontario Building Code).
3.29.4 Environmental Protection (EP) Zone
The Environmental Protection (EP) zone applies to lands which have been identified as
provincially significant wetlands (PSW), locally significant wetlands, or areas of natural and
scientific interest (ANSI).
1.
All buildings and structures shall be setback a minimum 30 m from an Environmental
Protection (EP) Zone. An application to reduce the setback for uses other than those
permitted in Section 18.1 shall require an Environmental Impact Assessment, prepared by
a qualified professional, for consideration by the Village and the RVCA.
2.
No building or structure or site alteration, including such activities as fill, grading and
excavation, shall be permitted within any Environmental Protection (EP) Zone.
3.29.5 Aggregate-Pit (AP) Zone
All buildings and structures shall be setback a minimum 150 m for licensed pits above the water
table or 300 m for licensed pits below the water table in the Aggregate-Pit (AP) Zone.
3.29.6 Aggregate-Quarry (AQ) and Aggregate Reserve (AR) Zones
All buildings and structures shall be setback a minimum 500 m (1,640 ft) from an existing quarry
in the Aggregate-Quarry (AQ) or Aggregate Reserve (AR) Zones.
3.29.7 Mineral Reserve (MR) Zone
All buildings and structures shall be setback a minimum 1,000 m (3,280 ft) from an existing mine
in the Mineral Reserve (MR) Zone.
3.29.8 Railway Right of Way
Where any road or street crosses a railway at the same grade, no building or structure shall
hereafter be erected closer to the point of intersection of the centreline of both the railway and the
street than 30 m (98.4 ft) where automatic signal protection is provided and 45 m (148 ft) where
no automatic signals are provided.
No building or structure shall be located closer than 30 m of a railway right-of-way.
SECTION 3: GENERAL PROVISIONS
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60
3.30
Sight Triangles and Sight Distance
3.30.1. Sight Triangles
1.
Unless otherwise specified in this By-Law, on a corner lot, within the triangular space
formed by the street lines and a line drawn from a point in one street line to a point in the
other street line, each point being measured 10 metres (33 feet) along the street lines from
the point of intersection of the street lines, no building or structure which would obstruct
the vision of drivers of motor vehicles shall be erected and no trees, shrubs, hedges,
fences, signs or walls shall be planted, erected or maintained of greater height than 0.8 m
(2.6 feet) above the centre line of the adjacent road at the lowest point. Where the two
street lines do not intersect at a point, the point of intersection of the street lines shall be
deemed to be the intersection of the tangents to the street lines.
2.
A chain link fence may be permitted in a sight triangle in this By-Law provided
that:
i. it is not more than 1.0 metres (3.2 ft.) high in any Residential Zone;
ii. its posts are not more than 9 centimetres (3.5 inches) in diameter and are
not set less than 3.05 metres (10 ft.) apart; and
iii. it is made of wire having a maximum gauge of 2.2 millimetres (0.086 inches) and a
minimum mesh of 51 millimetres (0.2 inches).
3.
Where any road or street crosses a railway at the same grade, no building, structure or
landscaping shall hereafter be erected closer to the point of intersection of the centreline
of both the railway and the street than 30 metres (98.4 feet) where automatic signal
protection is provided and 45 metres (147.6 feet) where no automatic signals are
provided.
3.31
Signs
Nothing in this By-law shall apply to prevent the use of signs on any land, building or structure,
but the erection, use and maintenance of such signs shall be subject to the provisions of the Sign
By-law of the Corporation and the provisions of this By-law for Home Occupations and Sight
Triangles.
3.32
Site Plan Requirements
No development shall take place on any parcel of land designated as Site Plan Control Area in the
Site Plan Control By-law unless the Council of the Corporation has approved such plans and
drawings required under the provisions of the Site Plan Control By-law.
3.33
Temporary Use Zones
3.33.1. Where the zone symbol zoning certain lands as shown on Schedules A and B is followed by the
suffix "t" (for example, R2t), a use or uses in addition to the uses permitted in the zone in which
the lands are located shall be permitted for a specified period of time following which the use or
uses shall cease. Temporary uses shall only be permitted by an Amendment to this By-law which
SECTION 3: GENERAL PROVISIONS
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61
amends Schedule A or B by adding the letter "t" to the zone symbol on the lands where the
temporary use is located and by amending this section:
1.
to describe the lands on which the temporary use or uses is/are permitted including the
municipal address where appropriate
2.
to list the permitted temporary use or uses
3.
to specify the time period for which the temporary use or uses is/are permitted including
the date on which the use or uses is/are to cease, on which date the Amendment shall be
deemed to be repealed and the temporary use(s) shall be deemed to be repealed and the
temporary use(s) no longer permitted
4.
to describe any conditions which apply to the temporary use or uses.
3.33.2. Temporary Use Provisions
SECTION 4: ZONES
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62
4
ZONES
4.1
Classification
The provisions of this By-law shall apply to all lands within the limits of the Corporation which
lands are divided into various zones. Schedule A and B symbols refer to zone classifications as
shown below:
ZONE
SYMBOL
RESIDENTIAL TYPE 2
RESIDENTIAL TYPE 3
LIMITED SERVICES RESIDENTIAL
MOBILE HOME PARK
GENERAL COMMERCIAL
LOCAL COMMERCIAL
HIGHWAY COMMERCIAL
TOURIST COMMERCIAL
SHOPPING CENTRE COMMERCIAL
LIGHT INDUSTRIAL
RURAL INDUSTRIAL
SALVAGE YARD
WASTE DISPOSAL
INSTITUTIONAL
OPEN SPACE
HAMLET
AGRICULTURAL
RURAL
AGGREGATE - PIT
AGGREGATE - QUARRY
AGGREGATE - RESERVE
MINERAL RESOURCE
ENVIRONMENTAL PROTECTION
DEVELOPMENT
FLOOD PLAIN
R2
R3
LSR
MHP
C1
C2
C3
C4
C5
M1
M2
M3
M4
I
O
H
A
RU
AP
AQ
AR
MR
EP
D
(shaded overlay)
SECTION 4: ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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63
HOLDING ZONE
TEMPORARY USE ZONE
h
t
4.2
Zone Regulations
The permitted uses, the minimum size and dimensions of lots, the minimum size of yards, the
maximum lot coverage, the minimum setback, gross leasable floor area, the minimum landscaped
open space, and all other zone provisions are set out herein for the respective zones.
4.3
Metric Measurements
Where a zone regulation is expressed as a metric measurement, it shall apply. Any imperial
measurement in brackets following a metric measurement is intended only as a convenience to
illustrate the approximate imperial equivalent.
4.4
Zone Boundaries
The extent and boundaries of all the said zones are shown on the Schedules which form a
part of this By-law and are attached hereto.
4.5
Zone Symbols
The symbols listed in Section 4.1 may be used to refer to buildings and structures, the uses of
lots, buildings and structures permitted by this By-law in the said zones, and whenever in this By-
law the word Zone is used, preceded by any of the said symbols, such zones shall mean any area
within the Corporation within the scope of this By-law, delineated on the Schedules and
designated thereon by the said symbol.
4.6
Exception Zones
Where the zone symbol as shown on the Schedules is followed by a dash and a number (for
example R2-1), then special provisions apply to such lands and such special provisions may be
found by reference to that part of the by-law which deals with that particular zone. Lands zoned
in this manner shall also be subject to all the provisions of the zone, except such special
provisions as specified.
4.7
Holding Zones
Where the zone symbol zoning certain lands is followed by the suffix "h" (for example LSRh),
then special holding provisions apply to such lands and such special provisions may be found by
reference to Section 3.14.
4.8
Temporary Use Zones
Where the zone symbol zoning certain lands as shown on Schedules A and B is followed by the
suffix "t" (for example, R2t), then special provisions apply to permit a use or uses in addition to
the uses permitted in the zone in which the lands are located for a specified period of time,
SECTION 4: ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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64
following which the use or uses shall cease, and such special provisions may be found by
reference to Section 3.31.
4.9
Flood Plain Zones
Lands zoned Flood Plain, as shown on the Schedules by shading, shall be subject to all of the
provisions of the zone in which the lands are located. However, no building or structure shall be
erected or altered within a Flood Plain Zone, except in accordance with the policies of the
Conservation Authority.
4.10
Interpretation of Zone Boundaries
1.
Zone boundaries, where possible, are construed to be lot lines, street lines, centrelines of
streets or railway rights-of-way. In the case where uncertainty exists as to the boundary
of any zone, then the location of such boundary shall be determined in accordance with
the scale of Schedules A and B at its original size.
2.
Where a zone boundary is indicated as following and is within the boundary of a street,
lane, railway right-of-way, other right-of-way or watercourse, the boundary shall be the
centre of such street, lane, railway right-of-way, right-of-way, or watercourse.
3.
Where a zone boundary is indicated as approximately following lot lines on a registered
plan of subdivision, deposited reference plan or original Village survey, the boundary
shall follow such lot lines. No amendment to the By-law shall be required for minor
adjustments to zone boundaries shown in Schedules A and B where, in the opinion of the
Village, such adjustments are merely for the purpose of more accurately reflecting
surveyed information.
4.
Where a zone boundary is indicated as following a shoreline of a watercourse, the
boundary shall follow such shoreline and in the event that the shoreline changes, the
boundary shall be taken as having moved with the shoreline.
5.
Where any uncertainty exists as to the Flood Plain (FP) overlay Zone, the boundary shall
be the 1:100 year flood line as identified on the relevant maps of the Conservation
Authority.
6.
Where any uncertainty exists as to the Environmental Protection (EP) zone boundary, the
boundaries shall be as identified on the relevant maps of the Ontario Ministry of Natural
Resources and/or the RVCA.
7.
Where any street, lane, right-of-way, railway right-of-way or watercourse as shown on
the schedules is closed or diverted, the object of such closure or diversion shall be
included within the zone of the abutting property on either side thereof.
8.
Where any zone boundary is left uncertain after the application of clauses (1) through
above, the boundary shall be determined by scale from the original full-size zoning
schedule.
9.
Wherever it occurs, the municipal boundary is the limit of the zone adjacent to it.
SECTION 4: ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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65
10.
In the case of an Environmental Protection (EP) zone boundary, field truthing of the
boundary of such environmental features through and EIS, acceptable to the RVCA, or
written confirmation by the RVCA based on their own information, shall not require an
amendment to this By-law to adjust the Schedule A or B boundaries of the natural
feature.
4.11
Building, Structure and Use Classification
1.
The buildings, structures and use of buildings, structures and lots specifically named as
uses permitted and classified under the headings of "Residential" and "Non-Residential"
refer only to the uses as are specifically named under such headings in each zone.
i.
For the purpose of reference, all buildings, structures and uses of buildings, structures and
lots named as Permitted Uses and classified under the headings of "Residential" and
"Non-Residential" may be referred to as "Residential and "Non-Residential" buildings,
structures, or uses respectively.
SECTION 5: RESIDENTIAL ZONES
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66
5
RESIDENTIAL ZONES
No person shall use any lot or erect, alter or use any building or structure within any of the following
Residential Zones except in accordance with the following provisions.
5.1
RESIDENTIAL TYPE 2 (R2) ZONE
5.1.1
Permitted Uses
1.
Residential Uses
single detached dwelling
semi-detached dwelling
duplex dwelling
triplex dwelling
fourplex dwelling
converted dwelling
boarding/rooming house
bed & breakfast
type "A" group homes
additional residential units (see Section 3.2)
b.
Non-Residential Uses
home occupation
other uses in accordance with Section 3
5.1.2
Zone Provisions
Single Detached Dwelling
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
450 m2 (4,844 ft2)
2,000 m2 (0.5 ac)
2. lot frontage (minimum)
15 m (49.2)
30m (98.4 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum) 3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft) on one side, except where a garage or carport is
attached to the main building, in which case the minimum
shall be 1.2 m (3.9 ft), and nil on the other side
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
40%
55%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
9. maximum lot coverage
45%
10. garages, carports and driveways
In accordance with Sections 3.25.8 and 3.25.9
11. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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67
Duplex Dwelling
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
465 m2 (5005 ft2)
2,000 m2 (0.5 ac)
2. lot frontage (minimum)
15 m (49.2 ft)
30m (98.4 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum) 3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft) on one side with a total of 4.2 m (13.8 ft) for both
yards, except where a garage or carport is attached to the main
building, in which case the minimum shall be 1.2 m (3.9 ft) for
each yard
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
30%
55%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
9. maximum lot coverage
45%
10. garages, carports and driveways
In accordance with Sections 3.25.8 and 3.25.9
11. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
Triplex & Fourplex Dwellings
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
540m2 (5,813 ft2)
2,000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
30m (98.4 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum) 6 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
30%
55%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
Semi-detached Dwelling
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
230 m2 (2476 ft2)
2,000 m2 (0.5 ac)
2. lot frontage (minimum)
9 m (29.5 ft)
15m (50 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum) 3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft) on one side, except where a garage or carport is
attached to the main building, in which case the minimum
shall be 1.2 m (3.9 ft), and nil on the other side
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
30%
55%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
9. maximum lot coverage
45%
10. garages, carports and driveways
In accordance with Sections 3.25.8 and 3.25.9
11. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
68
Converted Dwelling
Boarding/Rooming Dwelling
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
existing
2. lot frontage (minimum)
existing
3. front yard depth (minimum)
existing
4. exterior side yard width (minimum) existing
5. interior side yard width (minimum)
existing
6. rear yard depth (minimum)
existing
7. landscaped open space (minimum)
existing
8. building height (maximum)
existing
9. garages, carports and driveways
In accordance with Sections 3.25.8 and 3.25.9
10. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
11. dwelling units (maximum),
converted dwelling house only
4
5.1.3
Exception Zones
1.
R2-1: Lewis Street West (Schedule B - By-law #22-10)
Notwithstanding the Zone Provisions for a street townhouse dwelling, on the lands zoned R2-1,
the following provisions shall apply:
i. lot area (minimum):
170 m2
ii. interior side yard (minimum):
Nil, except that the minimum width adjoining the most
easterly end unit wall in the Zone shall be 2.5 m and 1 m
adjoining every other end-unit wall
iii. front yard depth (minimum):
4 m
2.
R2-2: Charlotte St (Merrickville Ward - By-law #50-18)
Notwithstanding any provisions of this By-law to the contrary, on the lands zoned R2-2, the
minimum setback from a watercourse shall be 15 m.
3.
R2-3: Lots 178-189, 167-168, Part Lot 166, Lots 1-3, Part Lots 9-10, Block 9, Lots 1,9, 10, Block
15, Part of Herbert Street, Registered Plan 6 (By-law #09-21)
Notwithstanding Section 5.2.2 or any other provision to the contrary, for those lands described as
Lots 178 - 189, 167 - 168, Part Lot 166, Lots 1 - 3, Part Lots 9 - 10, Block 9, Lots 1, 9, 10,
Block 15, Part of Herbert Street, Registered Plan 6, in the geographic Village of Merrickville,
delineated as Residential Two-Exception Three (R2-3) on Schedule "B" to this By-law, the
following provisions shall apply:
i. minimum lot frontage: 5.5 metres;
ii. minimum front yard setback: 6 metres.
4.
R2-4: Part of Lots 165, 166, Plan 6 (By-law 09-21)
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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69
Notwithstanding Section 5.2.2, or any other provision of this By-law to the contrary, for those
lands described as Part of Lots 165, 166, Plan 6, in the geographic Village of Merrickville and
delineated as Residential Two-Exception Four (R2-4) on Schedule "B" to this By-law, the
following provisions shall apply:
i. minimum lot area: 155 square metres;
ii. minimum lot frontage: 5.5 metres;
iii. minimum front yard setback: 6.0 metres.
5.
R2-5: 109 Brock Street West (By-law #11-20) (Note: formerly R1-1)
Notwithstanding any other provisions of this By-law to the contrary, on the lands zoned R2-5, a
single detached dwelling is permitted in accordance with the following zone provisions:
Lot area (minimum): 290 square metres
Lot frontage (minimum): 9.5 metres
Front yard depth (minimum): 3 metres
Interior side yard width (minimum): nil on one side and 1 metre on the other side.
6.
R2-6: Lot 4, Block 9, Registered Plan 6 (By-law #09-21) (Note: formerly R1-2)
Notwithstanding Section 5.1.2, or any other provision of this By-law to the contrary, for those
lands described as Lot 4, Block 9, Registered Plan 6, in the geographic Village of Merrickville
and delineated as Residential two-Exception six(R2-6) on Schedule "B" to this By-law, the
encroachment of the existing dwelling into the exterior side yard adjacent to and onto Wallace
Street is recognized as legal non-conforming.
7.
R2-7: 205 Mill Street (By-law #36-23) (Note: formerly R1-3)
Notwithstanding their "Residential Type One (R1) zoning designation, those lands identified as
"Residential Type One - Exception 2 (R2-7)" ON Schedule "A" attached to this By-law, may be
used in accordance with the "R1" zone provisions contained within this By-Law, excepting
however that:
The existing accessory structure may be used as amenity space for guests of the B & B.
5.1.4 Holding Zones
1.
R2-h: Lot 72, Plan 6 (By-law #42-21)
Until such time as the holding symbol is removed from lands described as part of Lot 72,
Registered Plan 6, in the geographic Village of Merrickville and delineated as Residential Two-
holding (R2-h) on "Schedule "B" (Merrickville Ward) to this By-law, in accordance with the
conditions set forth herein, no person shall use land or erect or use a building or structure, except
in accordance with the following:
(a) Permitted Uses
-Existing uses in existing locations
-Open Space
-Passive recreation that does not require a building
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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70
(b) Conditions for removal of Holding (h) Symbol
A site plan pursuant to Section 41 of the Planning Act for the development permitted under the
Residential Two (R2) Zone is submitted to the municipality and Council gives final approval to
the site plan whereupon a Site Plan Agreement under Section 41 of the Planning Act is executed
and registered on title.
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
71
5.2
RESIDENTIAL TYPE 3 (R3) ZONE
5.2.1
Permitted Uses
1.
Residential Uses
single detached dwelling
semi- detached dwelling
duplex dwelling
triplex dwelling
converted dwelling
fourplex dwelling
boarding/rooming house
street townhouse dwelling
multiple dwelling house
apartment dwelling
additional residential unit (see Section 3.2)
nursing home
home for the aged
retirement home
2.
Non-Residential Uses
in accordance with Section 3
5.2.2
Zone Provisions
Single Detached Dwelling
Semi-Detached
Duplex Dwelling
Converted Dwelling
Boarding/rooming House
Triplex Dwelling
Fourplex Dwelling
Full Municipal Services
Partial or Private
Services
in accordance with Section 5.1.2
Street Townhouse Dwelling
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
180 m2 (1,937.6 ft2)
not permitted
2. lot frontage (minimum)
6 m (19.7 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior
side
yard
width
(minimum)
6 m (19.7 ft)
5. interior side yard width (minimum)
Nil, except that the minimum width
adjoining an end-unit wall shall be 1.2
m (3.9 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
30%
8. lot coverage (maximum)
45%
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
72
Street Townhouse Dwelling
Full Municipal Services
Partial or Private
Services
9. building height (maximum)
11 m (36.1 ft) as calculated in
accordance with the definition and
illustrations in Section 2H
10. garages, carports and driveways
In accordance with Sections 3.25.8 and
3.25.9
11. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
12. maximum dwelling units/building
6
Multiple Residential Dwelling
Apartment Dwelling
Full Municipal Services
Partial or Private
Services
(maximum 5 units/lot)
1. lot area (minimum)
890 m2 (9,580.2 ft2)
4,000 m2 (1 ac)
2. lot frontage (minimum)
30 m (98.4 ft)
40 m (131.2 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum) 6 m (19.7 ft)
5. interior side yard width (minimum)
6 m (19.7 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
30%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
9. garages, carports and driveways
In accordance with Sections 3.25.8 and 3.25.9
10. accessory uses, parking, waterbody
setback, etc.
In accordance with Section 3
11. density (maximum)
1 dwelling unit per 130 m2
(1,399.4 ft2) of lot area
1 per 800 m2 (8,611 ft2)
lot area
12. privacy yards
Privacy yards with a minimum depth of 3 m (9.8 ft), which are
clear and unobstructed by any common parking area, driveway
and pedestrian access, shall be provided adjoining any ground
floor habitable room window.
For the purposes of this item, a window shall be considered a
ground floor window if any part of the glazing is less than 2.5
m (8.2 ft) above the adjacent grade.
13. equipped children's play area
For a dwelling house which does not have a separate privacy
yard for the exclusive use of each dwelling unit, a children's
play area shall be provided.
The children's play area shall be a minimum of 4% of the lot
area or 15 m2 (161.5 ft2), whichever is the greater.
The children's play area shall be located at least 6 m (19.7 ft)
from any ground floor habitable room window.
For the purposes of this item, a window shall be considered a
ground floor window if any part of the glazing is less than 2.5
m (8.2 ft) above the adjacent grade.
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
73
Nursing Home
Home for the Aged
Retirement Home
Full Municipal Services
Partial or Private
Services
in accordance with Section 9
5.2.3
Exception Zones
1.
R3-1: Part of Lots 1, 9 and 10, Lots 2 and 8, Plan 6 (Merrickville Ward - By-law #09-21)
Notwithstanding Section 5.3.2, or any other provision of this By-law to the contrary, for those
lands described as Part of Lots 1, 9 and 10, Lots 2 and 8, Plan 6, in the geographic Village of
Merrickville and delineated as Residential Three-Exception One (R3-1) on Schedule "B" to this
By-law, the maximum number of storeys permitted shall be 3 storeys and the maximum height
will be 11 m.
2.
R3-2: Read Street (Schedule B - By-law #22-10)
Notwithstanding the Zone Provisions for a multiple residential or apartment dwelling, on the
lands zoned R3-2, the following provisions shall apply:
i. front yard depth (minimum):
4 m
ii. yard (minimum):
6 m for all yards, except that the minimum yard depth/
width next to the east building wall(s) shall be 3 m
iii. density (maximum):
1 per 120 m2
iv. equipped children's play area:
not required.
3.
R3-3: Lewis Street West (Schedule B - By-law #22-10)
Notwithstanding the Zone Provisions for a street townhouse dwelling, on the lands zoned R3-3,
the following provisions shall apply:
i. lot area (minimum):
170 m2
ii. interior side yard (minimum):
Nil, except that the minimum width adjoining the most
easterly end unit wall in the Zone shall be 2.5 m and 1 m
adjoining every other end-unit wall
iii. front yard depth (minimum):
4 m
6.
R3-6: 114 Lewis Street, Part of Lots 109 and 121, Plan 6, Part 2, Plan 15R-8916 (By-Law #48-
2025)
Notwithstanding their "Residential Type 3 (R3)" zoning designation, those lands identified as
"Residential Type 3 Exception (R3-6)" on Schedule "A" to this By-Law, may be used in
accordance with the "Residential Type 3 - exception 6 (R3-6)" zone provisions contained within
this By-Law, excepting however that:
i.
A six-unit multiple dwelling is permitted
ii.
Minimum lot area shall be 740 m2
iii.
Minimum lot frontage shall be 18 m
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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74
iv.
Minimum side yard shall be 6 m on one side and 1.25 m on the other
v.
One parking space per dwelling unit is required
5.2.4
Holding Zones
1.
R3-1-h: Part of Lots 1, 9 and 10, Lots 2 and 8, Plan 6 (Merrickville Ward - By-law #09-21)
Until such time as the holding symbol is removed from lands described as Part of Lots 1, 9, and
10, Lots 2 and 8, Plan 6, in the geographic Village of Merrickville and delineated as Residential
Three-Exception One - holding (R3-1-h) on Schedule "B" (Merrickville Ward) to this By-law, in
accordance with the conditions set forth herein, no person shall use land or erect or use a building
or structure, except in accordance with the following:
(a) Permitted Uses
- Existing uses in existing locations
- Open space
-Passive recreation that does not require a building.
(b) Conditions for removal of Holding (h) Symbol
-A site plan pursuant to Section 41 of the Planning Act for the development permitted under the
Residential Three-Exception One (R3-1) Zone is submitted to the municipality and Council gives
final approval to the site plan whereupon a Site Plan Agreement under Section 41 of the Planning
Act is executed and registered on title.
SECTION 5: RESIDENTIAL ZONES
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75
5.3
LIMITED SERVICES RESIDENTIAL (LSR) ZONE
No person shall within any LSR Zone use any lot or erect, alter or use any building or structure except in
accordance with the following provisions.
5.3.1
Permitted Uses
seasonal dwelling house
single-detached dwelling house
other uses in accordance with the provisions of Section 3
5.3.2
Zone Provisions
1.
lot area (minimum)
4000 m2 (1 ac)
2.
lot frontage (minimum)
50 m (164 ft)
3.
front yard depth (minimum)
30 m (98.4 ft), defined as the minimum setback
from a waterbody
4.
exterior side yard width (minimum)
7.5 m (24.6 ft)
5.
interior side yard width (minimum)
3 m (9.8 ft)
6.
rear yard depth (minimum)
7.5 m (24.6 ft), defined as the depth from a
private right-of-way
7.
lot coverage (maximum)
15%
8.
building height (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
9.
dwellings per lot (maximum)
1
10.
accessory uses, parking,
waterbody setback, etc.
in accordance with Section 3
5.3.3
Special Provisions
1.
The front yard located next to a waterbody shall be maintained in a natural state except as
shown on an approved site plan.
2.
Where Limited Services Residential Development is located on a private road, the
minimum right-of-way width shall be 9 m (30 ft.). Where an existing private road does
not meet the required minimum width, Council may require a widening to increase the
right-of-way to 9 m (30 ft.), as a condition of development approval.
5.3.4
Exception Zones
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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76
5.4
MOBILE HOME PARK (MHP) ZONE
No person shall within any MHP Zone use any lot or erect, alter or use any building or structure except in
accordance with the following provisions.
5.4.1
Permitted Uses
1.
Non-Residential Uses
assembly hall for mobile home park residents
commercial storage for mobile home park residents
convenience store
laundromat
mobile home sales
private park
buildings and uses accessory to the foregoing
2.
Residential Uses
mobile home
modular dwelling
accessory dwelling house
5.4.2
Zone Provisions
1.
lot area (minimum)
4 ha (9.9 ac)
2.
lot frontage (minimum)
100 m (328.1 ft)
3.
front yard depth (minimum)
7.5 m (24.6 ft) on a lot in a plan of
subdivision and 12.5 m (40 ft) on all
other lots.
4.
exterior side yard width (minimum)
7.5 m (24.6 ft)
5.
interior side yard width (minimum)
7.5 m (24.6 ft)
6.
rear yard depth (minimum)
7.5 m (24.6 ft)
7.
Landscaped Open Space (minimum)
30%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in
accordance with the definition and
illustrations in Section 2H
9.
accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
5.4.3
Special Provisions
1.
The following provisions shall apply to each dwelling site within a mobile home park:
1.
area (minimum)
465 m2 (5,005.4 ft2)
2.
frontage (minimum)
15 m (49.2 ft)
3.
front yard depth (minimum)
6 m (19.7 ft)
4.
exterior yard width (minimum)
6 m (19.7 ft)
5.
interior side yard width (minimum)
3 m (9.8 ft)
6.
rear yard depth (minimum)
6 m (19.7 ft)
SECTION 5: RESIDENTIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
77
Where a yard is required for a dwelling site, it may be included within the required front,
exterior side, interior side or rear yard as set out in Section 5.5.2.
5.4.4
Exception Zones
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
78
6
COMMERCIAL ZONES
No person shall use any lot or erect, alter or use any building or structure within any of the following
Commercial Zones except in accordance with the following provisions.
6.1
GENERAL COMMERCIAL (C1) ZONE
6.1.1
Permitted Uses
1.
Non-Residential Uses
animal care
assembly hall
bakeshop
beverage room
butcher shop
commercial school
commercial sports and recreation establishment
community centre
custom workshop
dry cleaning distribution station or plant
funeral home
financial office
guest house
hotel
institution
laundromat
medical clinic
museum
office
parking lot
personal service shop
place of entertainment
place of recreation
place of worship
printing shop
private school
repair service shop
restaurant
retail store
take-out restaurant, excluding drive-through
taxi station
warehouse use accessory to any of the foregoing
wholesale use accessory to any of the foregoing
other uses in accordance with Section 3
2.
Residential Uses
a dwelling unit or units in the upper storey, or lower storey to the rear of a permitted
Non-Residential use
residential apartment
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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79
existing residential buildings
former residential buildings converted back to residential use from non-residential use
6.1.2
Zone Provisions
6.1.2.1 Non-Residential Uses
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
No minimum
2000 m2 (0.5 ac)
2. lot frontage (minimum)
No minimum
18m (59 ft)
3. front yard depth (minimum)
No minimum
4. exterior side yard width (minimum) No minimum
5. interior side yard width (minimum)
No minimum, except where the yard abuts a lot in a
Residential Zone, the minimum yard shall be 1.5 m (4.9 ft)
6. rear yard depth (minimum)
No minimum, except where the yard abuts a lot in a
Residential Zone, the minimum yard shall be 1.5 m (4.9 ft)
7. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
8. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
6.1.2.2 Residential Uses
Residential Uses
Full Municipal Services
Partial or Private
Services
(maximum 5 units per
lot)
1. Minimum Landscaped Open Space
15 m2 (161.5 ft2) per unit
2. Minimum Roof Deck or Balcony
The minimum landscaped open space provision shall not
apply to dwelling units in a portion of a Non-Residential
building provided that all dwelling units have access to a
private balcony or to an open roof deck with a minimum area
of 5 m2 (53.8 ft2)per unit
3. Maximum Density
1 per 130 m2 (1,399.4 ft2)
1 per 800 m2 (8,611 ft2)
lot area
4. Maximum Building Height
11 m (36.1 ft) as calculated in accordance with the definition
and illustrations in Section 2H
5. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
6.1.3
Exception Zones
1.
C1-1: 165 Drummond Street (Schedule B)
Notwithstanding the parking requirements of Section 3.25, on the land zoned C1-1 no parking is
required.
2.
C1-2: 118 Main Street (Schedule B)
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
80
Notwithstanding the permitted use provisions of Section 6.1.1, on the land zoned C1-2 the
permitted non-residential uses shall be restricted to the following:
assembly hall
bakeshop
beverage room
butcher shop
commercial school
commercial sports and recreation establishment
community centre
custom workshop
dry cleaning distribution station or plant
financial office
guest house
hotel
institution
medical clinic
museum
office
personal service shop
place of entertainment
place of recreation
place of worship
restaurant
retail store
take-out restaurant, excluding drive-through
taxi station
other uses in accordance with Section 3
3.
C1-3: 105 Wellington Street West (Schedule B - By-law #05-11)
Notwithstanding the permitted use provisions of Section 6.1.1, on the land zoned C1-3 an animal
clinic is permitted in addition to the other permitted uses in the C1 Zone, provided that the animal
clinic use is restricted to an office and surgery for household pets and non-venomous, but not
large, wild or farm, animals.
4.
C1-4: 118 Main St East and 117 Wellington St East (Schedule B - By-law #03-10)
Notwithstanding the permitted use provisions of Section 6.1.1, on the land zoned C1-4, a
retirement home is permitted in addition to the permitted C1 uses.
5.
C1-5: 224 Main St West (Schedule B - By-law #40-18)
Notwithstanding any other provisions of this By-law to the contrary, on the lands zoned C1-5, the
following provisions apply:
1.
the permitted non-residential uses shall be restricted to those which are permitted in the
C1-2 Zone; and
2.
a residential dwelling unit is permitted on the ground floor of a non-residential building.
SECTION 6: COMMERCIAL ZONES
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June 2, 2025
81
6.2
LOCAL COMMERCIAL (C2) ZONE
6.2.1
Permitted Uses
a.
Non-Residential Uses
animal care
bakeshop
butcher shop
convenience store
dry cleaning distribution station
financial office
office
personal service shop
retail store
take-out restaurant, excluding drive through
other uses in accordance with Section 3
b.
Residential Uses
accessory dwelling unit(s) in a portion of a Non-Residential building
6.2.2
Zone Provisions
6.2.2.1 Non-Residential Uses
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
450m2 (4,844 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
15m (49.2ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
8. gross leasable floor area (maximum)
100 m2 (1,076.4 ft2)
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
6.2.2.2 Residential Uses
Residential Uses
Full Municipal Services
Partial or Private
Services
1. Minimum Landscaped Open Space
15 m2 (161.5 ft2) per unit
2. Minimum Roof Deck or Balcony
The minimum landscaped open space provision shall
not apply to dwelling units in a portion of a Non-
Residential building provided that all dwelling units
have access to a private balcony or to an open roof
deck with a minimum area of 5 m2 (53.8 ft2 ) per unit
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
82
Residential Uses
Full Municipal Services
Partial or Private
Services
3. Maximum Building Height
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
4. accessory uses, parking, waterbody setback,
etc.
in accordance with Section 3
6.2.3
Exception Zones
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
83
6.3
HIGHWAY COMMERCIAL (C3) ZONE
6.3.1
Permitted Uses
1.
Non-Residential Uses
animal care
animal clinic
assembly hall
automobile body shop
automobile care
automobile gas bar
automobile sales
automobile service station
automobile washing establishment
automobile rental
bakery
beverage room
building supply outlet
commercial school
commercial sports and recreation establishment
commercial storage
contractor or tradesman establishment
convenience store
custom workshop
dry cleaning distribution station
dry cleaning plant
farm implement sales
farm supplies dealership
funeral home
financial office
guest house
greenhouse
laundromat
highway commercial mall
hotel
office
personal service shop
place of entertainment
place of recreation
printing shop
recreational vehicle sales
restaurant
retail store
retail propane/compressed natural gas transfer facility
take-out restaurant
warehouse
wholesale
other uses in accordance with Section 3
2.
Residential Uses
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
84
an accessory dwelling house or an accessory dwelling unit in a portion of a Non-
Residential building, except in the case of an automobile service station, gas bar, retail
propane/compressed natural gas transfer facility or automobile body shop.
6.3.2
Zone Provisions
6.3.2.1 Non-Residential Uses
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
540m2 (5813 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
20%
40%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
10. open storage
Open storage of goods or materials shall be permitted
in accordance with the following:
1. the open storage is accessory to the main use
2. the open storage is not located in any required yard
i.
the open storage does not occupy more than 40%
of the lot area
Garbage shall be stored in metal containers in a fenced
or screened area designed expressly for that purpose
11. fuel pump island location
in accordance with Section 3
12. retail propane/compressed natural gas
transfer and handling facilities
in accordance with the foregoing zone provisions or
the licensing provisions of the Energy Act, whichever
are the more restrictive
6.3.3
Exception Zones
1.
C3-1: 205 East Broadway (Schedule A)
Notwithstanding the permitted use provisions of Section 6.3.1, on the land C3-1 an accessory
dwelling unit is permitted within the same building as an automobile body shop.
2.
C3-2: 168 County Road 23 (Schedule A)
Notwithstanding the permitted use provisions of Section 6.3.1, on the land zoned C3-2 the
permitted use shall be restricted to an automobile sales use as herein defined.
3.
C3-3: 201 Kilmarnock Road (Schedule A)
DELETED.
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
85
4.
C3-4: 3515 County Road 16 (Schedule A)
Notwithstanding the permitted use provisions of Section 6.3.1, on the land zoned C3-4 the
permitted uses shall be restricted to a commercial storage use as herein defined with as maximum
gross leasable floor area of 483 m2 (5,200 ft2).
5.
C3-5: West Broadway Street and Grenville Way (Schedule B - By-law #26-16)
Notwithstanding the permitted use provisions of Section 6.3.1 and the zone provisions of Section
6.3.2, on the lands zoned C3-5 the following provisions shall apply.
1. The permitted uses shall be in accordance with Section 6.3.1 and the zone provisions of 6.3.2,
except that the following uses are not permitted:
1. dry cleaning distribution station or plant
2. laundromat
2. The following zone provisions shall apply:
1. front yard depth (minimum):
2m
2. rear yard depth (minimum):
4.9 m
3. landscaped open space minimum):
20% and Section 3.18.1.3 does not apply to the
exterior side yard.
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
86
6.4
TOURIST COMMERCIAL (C4) ZONE
6.4.1
Permitted Uses
1.
Non-Residential Uses
beverage room
commercial sports and recreation centre
convenience store
conservation
golf course
hotel
hunting/fishing camp
laundromat
marina
marine facility
museum
private park
place of recreation
place of entertainment
restaurant
retail store
take out restaurant
tourist campground
tourist establishment
tourist guest house
other uses in accordance with the provisions of Section 3.
2.
Residential Uses
an accessory dwelling house or an accessory dwelling unit in a portion of a Non-
Residential building, except in the case of an automobile service station, gas bar, retail
propane/compressed natural gas transfer facility.
6.4.2
Zone Provisions
6.4.2.1 Non-Residential Uses
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
540m2 (5813 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
20%
40%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
9. accessory uses, parking, waterbody
in accordance with Section 3
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
87
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
setback, etc.
10. open storage
Open storage of goods or materials shall be permitted
in accordance with the following:
1 the open storage is accessory to the main use
2 the open storage is not located in any required yard
3 the open storage does not occupy more than 40%
of the lot area
Garbage shall be stored in metal containers in a fenced
or screened area designed expressly for that purpose
11. fuel pump island location
in accordance with Section 3
12. retail propane/compressed natural gas
transfer and handling facilities
in accordance with the foregoing zone provisions or
the licensing provisions of the Energy Act, whichever
are the more restrictive
6.4.3
Exception Zones
SECTION 6: COMMERCIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
88
6.5
SHOPPING CENTRE COMMERCIAL (C5) ZONE
6.5.1 Permitted Uses
1.
Non-Residential Uses
shopping centre
other uses in accordance with Section 3
2.
Residential Uses
not permitted
6.5.2
Zone Provisions
Shopping Centre
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft) except where the yard abuts a lot in a
Residential Zone, the minimum shall be 6 m (19.7 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
20%
40%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
10. floor space index (maximum)
0.45
11. Open Storage
No open storage shall be permitted. Garbage shall be
stored in metal containers in a fenced or screened area
designed expressly for that purpose.
6.5.3
Exception Zones
SECTION 7: INDUSTRIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
89
7
INDUSTRIAL ZONES
No person shall use any lot or erect, alter or use any building or structure within any of the following
Industrial Zones except in accordance with the following provisions.
7.1
LIGHT INDUSTRIAL (M1) ZONE
7.1.1
Permitted Uses
1.
Non-Residential Uses
Only those uses which are able to comply with The Health Protection and Promotion Act
and are not likely to be obnoxious or dangerous by reason of fire, explosion, noise,
smoke, or odour. Subject to this qualification, the following non-residential uses are
permitted.
accessory retail store
adult entertainment
animal clinic
artists or photographic studio
assembly hall
assembly plant
automobile body shop
automobile care
automobile gas bar
automobile sales
automobile service station
automobile washing establishment
bakery
building supply outlet
commercial school
commercial sports and recreation establishment
commercial storage
communication facility
consumer outlet propane/compressed natural gas transfer facility
convenience store
custom workshop
dairy
dry cleaning distribution station or plant
fabricating plant
financial office
funeral home
gas cylinder handling facility
hotel
industrial mall
industrial or business service
laundromat
manufacturing plant
office
open storage area
parking lot
SECTION 7: INDUSTRIAL ZONES
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90
personal service shop
place of entertainment
place of recreation
printing shop
processing plant excluding abattoirs, rendering plants, and similar operations
recreational vehicle sales
repair service shop
restaurant
retail propane transfer facility
sample and showroom
take-out restaurant
taxi station
warehouse
wholesale outlet
other uses in accordance with Section 3
2.
Residential Uses
an accessory dwelling house or an accessory dwelling unit in a portion of a Non-
Residential building, except in the case of an automobile gas bar, retail
propane/compressed natural gas transfer facility.
7.1.2
Zone Provisions
Non-Residential Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
540m2 (5813 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
20%
40%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
10. open storage
Open storage of goods or materials shall be permitted
in accordance with the following:
1 the open storage is accessory to the main use
2 the open storage is not located in any required yard
3 the open storage does not occupy more than 40%
of the lot area
Garbage shall be stored in metal containers in a fenced
or screened area designed expressly for that purpose
11. fuel pump island location
in accordance with Section 3
12. retail propane/compressed natural gas
transfer and handling facilities
in accordance with the foregoing zone provisions or
the licensing provisions of the Energy Act, whichever
are the more restrictive
SECTION 7: INDUSTRIAL ZONES
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91
7.1.2.1 Residential Uses
Accessory dwelling house shall be so located on the lot that there is a private amenity area
abutting each exterior wall which is measured as though the dwelling house is located on a
separate lot in accordance with the zone provisions for the Rural (RU) Zone.
7.1.3
Exception Zones
SECTION 7: INDUSTRIAL ZONES
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92
7.2
RURAL INDUSTRIAL (M2) ZONE
7.2.1
Permitted Uses
1.
Non-Residential Uses
All uses permitted in the M1 Zone
feed mill
open uses
saw mill
transportation terminal
2.
Residential Uses
accessory dwelling house
7.2.2
Zone Provisions
1.
Non-Residential Uses
1.
Lot Area (minimum)
4000 m2 (1 ac)
2.
Lot Frontage (minimum)
40 m (131.2 ft)
3.
Front Yard Depth (minimum)
7.5 m (24.6 ft)
4.
Exterior Side Yard Width (minimum)
7.5 m (24.6 ft)
5.
Interior Side Yard Width (minimum)
3 m (9.8 ft)
6.
Rear Yard Depth (minimum)
7.5 m (24.6 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in
accordance with the definition and
illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
10.
Open Storage
The open storage of goods or materials shall be permitted only to the rear of the
main building provided that:
1.
such open storage is accessory to the use of the main building;
2.
such open storage complies with the yard requirements of this by-law;
3.
such open storage does not cover more than 40% of the lot area.
2.
Residential Uses
1.
Accessory dwelling house
Shall be so located on the lot that there is a private amenity area abutting each
exterior wall which is measured as though the dwelling house is located on a
separate lot in accordance with the zone provisions for the Rural (RU) Zone.
7.2.3
Exception Zones
1.
M2-1: 14369 County Road 15 (Wolford Ward - By-law #37-17)
SECTION 7: INDUSTRIAL ZONES
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June 2, 2025
93
Notwithstanding the permitted uses of Section 7.2.1, on the lands zoned M2-1, a contractor or
tradesman establishment and equipment sales and rentals are permitted uses in addition to the
uses permitted in Section 7.2.1.
2.
M2-2: Part Lot 12, Concession 1 County Road 16 (Schedule A - By-law #38-18)
Notwithstanding the permitted use provisions of Section 7.2.1, on the lands zoned M2-2, a
contractor or tradesman establishment is a permitted use int addition to the uses permitted in
Section 7.2.1.
SECTION 7: INDUSTRIAL ZONES
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94
7.3
SALVAGE YARD (M3) ZONE
7.3.1
Permitted Uses
1.
Non-Residential Uses
salvage yard
waste recycling
2.
Residential Uses
accessory single-detached house
7.3.2
Zone Provisions
1.
Non-Residential Uses
1.
Lot Area (minimum)
1 ha (2.5 ac)
2.
Lot Frontage (minimum)
90 m (295 ft)
3.
Front Yard Depth (minimum)
9 m (29.5 ft)
4.
Exterior Side Yard Width (minimum)
9 m (29.5 ft)
5.
Interior Side Yard Width (minimum)
9 m (29.5 ft)
6.
Rear Yard Depth (minimum)
9 m (29.5 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in
accordance with the definition and
illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback, Parking, etc. in accordance with Section 3
10.
Open Storage
1.
A solid fence or wall a minimum of 2.4 m (8 ft) in height shall be erected
around the area used for storage, handling and/or processing
2.
No storage shall be permitted to extend above the height of the fence
11.
Buffering
The required yards shall be used for no purpose other than landscaped open space
except where a driveway or entrance passes through the required yard.
2.
Residential Uses
1.
Accessory dwelling house
Shall be so located on the lot that there is a private amenity area abutting each
exterior wall which is measured as though the dwelling house is located on a
separate lot in accordance with the zone provisions for a single detached
dwelling house in the Rural (RU) Zone.
7.3.3
Exception Zones
SECTION 7: INDUSTRIAL ZONES
Village of Merrickville-Wolford Zoning by-law No. 33-25
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95
7.4
WASTE DISPOSAL (M4) ZONE
7.4.1
Permitted Uses
waste disposal
waste recycling
7.4.2
Zone Provisions
1.
Lot Area (minimum)
1 ha (2.5 ac)
2.
Lot Frontage (minimum)
90 m (295 ft)
3.
Front Yard Depth (minimum)
9 m (29.5 ft)
4.
Exterior Side Yard Width (minimum)
9 m (29.5 ft)
5.
Interior Side Yard Width (minimum)
9 m (29.5 ft)
6.
Rear Yard Depth (minimum)
9 m (29.5 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) 11 m (36.1 ft) as calculated in
accordance with the definition and illustrations
in Section 2H
9.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
10.
Buffering
The required yards shall be used for no purpose other than landscaped open space except
where a driveway or entrance passes through the required yard.
7.4.3
Exception Zones
SECTION 9: INSTITUTIONAL (I) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
96
8
INSTITUTIONAL (I) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Institutional Zone
except in accordance with the following provisions.
8.1
Permitted Uses
accessory office, restaurant, personal service shop and retail store
arena
assembly hall
cemetery
community centre
commercial sports and recreation centre
community facility
day nursery
fair ground
fire station
health center
home for the aged
hospital
institution
library
medical clinic
museum or art gallery
nursing home
place of worship
police station
post office
private school
public administration office
public school
public use
public works garage
recreation uses
university or college
other uses in accordance with Section 3
8.2
Zone Provisions
Institutional Uses
Full Municipal Services
Partial or Private
Services
1. lot area (minimum)
450 m2 (4,844 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
3. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
5. interior side yard width (minimum)
3 m (9.8 ft)
6. rear yard depth (minimum)
6 m (19.7 ft)
7. landscaped open space (minimum)
20%
40%
8. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
SECTION 9: INSTITUTIONAL (I) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
97
Institutional Uses
Full Municipal Services
Partial or Private
Services
9. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
8.3
Exception Zones
1.
I-1: 223 Lewis Street (Schedule B)
Notwithstanding the provisions of Sections 8.1 and 3.25, on the land zoned I-1 the following
provisions apply:
1.
the permitted use shall be restricted to a licensed day nursery; and,
2.
a minimum of 6 parking spaces shall be provided.
SECTION 9: OPEN SPACE (O) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
98
9
OPEN SPACE (O) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Open Space Zone
except in accordance with the following provisions.
9.1
Permitted Uses
1.
Non-Residential Uses
conservation
golf course
private park
public park
recreational trail
2.
Residential Uses
Existing uses
9.2
Zone Provisions
Open Space Uses
Full Municipal Services
Partial or Private
Services
a. lot area (minimum)
450 m2 (4,844 ft2)
2000 m2 (0.5 ac)
2. lot frontage (minimum)
18m (59 ft)
c. front yard depth (minimum)
6 m (19.7 ft)
4. exterior side yard width (minimum)
3 m (9.8 ft)
2. interior side yard width (minimum)
3 m (9.8 ft)
3. rear yard depth (minimum)
6 m (19.7 ft)
4. landscaped open space (minimum)
20%
40%
5. building height (maximum)
11 m (36.1 ft) as calculated in accordance with the
definition and illustrations in Section 2H
6. accessory uses, parking, waterbody
setback, etc.
in accordance with Section 3
9.3
Exception Zones
1.
O-1: 106 Read Street (Schedule B)
Notwithstanding the permitted use provisions of Section 9.1, on the land zoned O-1 the following
additional uses shall be permitted:
assembly hall
institution
medical clinic
museum
SECTION 10: HAMLET (H) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
99
10
HAMLET (H) ZONE
No person shall use any lot or erect, alter or use any building or structure within a Hamlet Zone except in
accordance with the following provisions.
10.1
Permitted Uses and Zone Provisions
Residential uses in accordance with the Residential Type 2 (R2) Zone (Section 5.1)
Commercial uses in accordance with the General Commercial (C1) Zone (Section 7.2)
Institutional uses in accordance with the Institutional (I) Zone (Section 8)
Open Space uses in accordance with the Open Space (O) Zone (Section 9)
10.2
Exception Zones
10.2.1 H-1: Main St, Eastons Corners, East ½ Lot 24, Concession 3, Former Township of Wolford,
Village of Merrickville-Wolford (By-law #08-22)
Notwithstanding their "Hamlet (H)" zoning designation, those lands identified as "Hamlet - 1 (H-
1)" may be used in accordance with the "Hamlet (H)" zone provisions contained within this By-
Law, excepting however that:
The accessory structure existing at the date of the passing of this By-law may be permitted
without a principal building, structure or use.
10.2.2 H-2: 13828 County Rd 15, Concession 3, Part Lot 12 in the Former Wolford Township, Hamlet
of Carleys Corners, Village of Merrickville-Wolford (By-law #21-22)
Notwithstanding the permitted use provisions of Section 10.1, on the lands zoned H-2 the
following uses shall be permitted in addition to the other permitted uses in the H Zone:
A secondary dwelling may be permitted. For the purpose of the H-2 zoning, a secondary dwelling
shall be defined to mean an accessory building which contains one or more habitable rooms
designed and occupied as an independent dwelling in which living, kitchen and bathroom
facilities are provided, and which is located on the same lot as a single dwelling, semi-detached
dwelling or townhouse dwelling, as defined herein.
10.2.3 H-3: 1230 County Rd 16, Part of Lot 29, Concession 1, Geographic Township of Wolford,
Village of Merrickville-Wolford (By-law #11-26)
Notwithstanding Section 10.1 or any other provision to the contrary, for those lands delineated as
"Hamlet Exception 3 (H-3)", the following provisions shall apply:
1. Lot frontage (minimum): 24 m (78.7 ft)
SECTION 11: AGRICULTURAL (A) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
100
11
AGRICULTURAL (A) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Agricultural Zone
except in accordance with the following provisions.
11.1
Permitted Uses
1.
Non-Residential Uses
conservation
forestry
agriculture
intensive agriculture
other uses in accordance with the provisions of Section 4
2.
Residential Uses
accessory dwelling house to an agricultural use
single detached dwelling house on an existing lot of record or on a lot created by the
Land Division Committee
additional residential unit
11.2
Zone Provisions
1.
Lot Area (minimum)
40 ha (98.8 ac), except for a single detached
dwelling house in which case the minimum lot
area shall be 0.4 ha (1 ac)
2.
Lot Frontage (minimum)
40m (131.2 ft)
3.
Front Yard Depth (minimum)
15 m (49.2 ft)
4.
Exterior Side Yard Width (minimum)
15 m (49.2 ft)
5.
Interior Side Yard Width (minimum)
6 m (19.7 ft)
6.
Rear Yard Depth (minimum)
15 m (49.2 ft)
7.
Lot Coverage (maximum)
20%
8.
Height of Building (maximum)
11 m (36.1 ft) 11 m (36.1 ft) as calculated in
accordance with the definition and illustrations
in Section 2H
10.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
11.3
Special Provisions
Notwithstanding anything in this By-law to the contrary, a second single-detached dwelling may
be erected in the Agricultural (A) Zone as an accessory dwelling house on a lot having an area of
at least 40 ha (100 ac), provided one dwelling is to be occupied by the owner of the lands and the
other dwelling is to be occupied by a person or persons, whose principal occupation is the
conduct of a general agricultural or intensive agricultural use.
For the purpose of this provision, a mobile home may be used as a second single-detached
dwelling.
SECTION 11: AGRICULTURAL (A) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
101
11.4
Exception Zones
1.
A-1: 2277 County Road 16 (Schedule A)
Notwithstanding the permitted use provisions of Section 11.1, on the lands zoned A-1 the
following uses shall be permitted in addition to the other permitted uses in the A Zone:
1. automobile, farm and welding repair use; and,
2. tool and dye manufacturing.
2.
A-2: County Road 16 (Part Lot 28, Concession 1, Wolford Ward - By-law #31-17)
Notwithstanding the Permitted Use provisions of Section 11.1, a single detached dwelling shall
not be permitted on lands zoned A-2.
3.
A-3: County Road 16 (Part Lot 28, Concession 1, Wolford Ward - By-law #32-17)
Notwithstanding the Permitted Use provisions of Section 11.1, a single detached dwelling shall
not be permitted on lands zoned A-3.
4.
A-4: County Road 16 (Part Lot 20, Concession 2, Wolford Ward - By-law #33-17)
Notwithstanding the Permitted Use provisions of Section 11.1, a single detached dwelling shall
not be permitted on the lands zoned A-4.
5.
A-5: Roses Bridge Road, Part Lot 25, Concession 1 (Wolford Ward - By-law #49-18)
Notwithstanding the Permitted Use provisions of Section 11.1, a single detached dwelling shall
not be permitted on the lands zoned A-5.
6.
A-6: 761 Roses Bridge Road, Concession A, Part Lot 24 (Schedule A - By-law #01-23)
Notwithstanding their "Agriculture (A)" zoning designation, those lands identified as Agriculture
- 6 (A-6) may be used in accordance with the "Agriculture (A)" zone provisions contained within
this By-Law, excepting however that:
The minimum lot area for an agricultural holding shall be 32 ha (80.5ac).
7.
A-7: 675 Kilmarnock Road, Concession A, Part Lot 26 (Schedule A - By-law #08-23)
Notwithstanding their "Agriculture (A)" zoning designation, those lands identified as
"Agriculture-7 (A-7)" on Schedule "A" to this By-Law, may be used in accordance with the
"Agriculture (A)" zone provisions contained within this By-Law, excepting however that:
The minimum lot area for an agricultural holding shall be 14.6 ha (36 ac).
8.
A-8: 689 Kilmarnock Road, Concession A, Part Lot 26 (Schedule A - By-law #08-23)
Notwithstanding their "Agriculture (A)" zoning designation, those lands identified as
"Agriculture - 8 (A-8)" on Schedule "A" to this By-Law, may be used in accordance with the
SECTION 11: AGRICULTURAL (A) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
102
"Agriculture (A)" zone provisions contained within this By-Law, excepting however that:
The minimum lot area for a residential property within the agricultural zone shall be 0.68 ha (1.7
ac).
9.
A-9: 991 Kilmarnock Road (By-law #10-2024)
Notwithstanding their "Agriculture (A)" zoning designation, those lands identified as
"Agriculture-9 (A-9)" on Schedule "A" to this By-Law, may be used in accordance with the "A"
zone provisions contained within this By-Law, excepting however that:
The minimum lot size shall be 0.4 ha.
10.
A-10: 991 Kilmarnock Road (By-law #10-2024)
Notwithstanding their "Agriculture (A)" zoning designation, those lands identified as
"Agriculture-10 (A-10)" on Schedule "A" to this By-Law, may be used in accordance with the
"A" zone provisions contained within this By-Law, excepting however that:
All residential development shall be prohibited.
SECTION 12: RURAL (RU) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
103
12
RURAL (RU) ZONE
No person shall use any lot or erect, alter or use any building or structure within a Rural Zone except in
accordance with the following provisions.
12.1
Permitted Uses
1.
Non-Residential Uses
animal clinic
conservation
forestry
agriculture
hunting/fishing camp
intensive agriculture
private park
other uses in accordance with the provisions of Section 4
2.
Residential Uses
single detached dwelling house
additional residential unit
accessory dwelling house to an agricultural use
12.2
Zone Provisions
1.
Lot Area (minimum)
4000 m2 (1 ac)
2.
Lot Frontage (minimum)
40m (131.2 ft)
3.
Front Yard Depth (minimum)
7.5 m (24.6 ft) on a lot in a plan of subdivision
and 15 m (49.2 ft) on all other lots.
4.
Exterior Side Yard Width (minimum)
7.5 m (24.6 ft)
5.
Interior Side Yard Width (minimum)
3 m (9.8 ft)
6.
Rear Yard Depth (minimum)
7.5 m (24.6 ft)
7.
Lot Coverage (maximum)
20%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
10.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
12.3
Special Provisions
Notwithstanding anything in this By-law to the contrary, a second single-detached dwelling may
be erected in the Rural (RU) Zone as an accessory dwelling house on a lot having an area of at
least 40 (100 ac) ha, provided one dwelling is to be occupied by the owner of the lands and the
other dwelling is to be occupied by a person or persons, whose principal occupation is the
conduct of a general agricultural or intensive agricultural use.
For the purpose of this provision, a mobile home may be used as a second single-detached
dwelling.
SECTION 12: RURAL (RU) ZONE
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June 2, 2025
104
12.4
Exception Zones
a.
RU-1: 3301 County Road 16 (Schedule A)
Notwithstanding the permitted use provisions of Section 12.1, on the lands zoned RU-1 a
fairgrounds is permitted in addition to the other permitted uses in the RU Zone.
b.
RU-2: 1100 Kilmarnock Road (Schedule A)
Notwithstanding the permitted use provisions of Section 12.1, on the lands zoned RU-2 the
following uses shall be permitted in addition to the other permitted uses in the RU Zone:
welding shop
office
home industry
accessory dwelling house
trailer with a reduced interior side yard of 1 m (3.3 ft)
c.
RU-3: 1100 Kilmarnock Road (Schedule A)
Notwithstanding the permitted use provisions of Section 12.1, on the lands zoned RU-3 the
following uses shall be permitted in addition to the other permitted uses in the RU Zone:
office
cider manufacturing facility
accessory retail store.
d.
RU-4: 14485 County Road 15 (Schedule A - By-law #24-09)
Notwithstanding the permitted use provisions of Section 12.1, on the lands zoned RU-4, a craft
brewery is permitted in addition to the permitted RU uses.
e.
RU-5: 465 Pioneer Rd (Schedule A - By-law #09-22)
Notwithstanding their "Rural (RU)" zoning designation, those lands identified as Rural - 5 (RU-
5)" on Schedule "A" to this By-Law, may be used in accordance with the "Rural (RU)" zone
provisions contained within this By-Law, expecting however that:
The minimum lot size shall be 0.7 ha (1.7 acre).
f.
RU-6: 201 Kilmarnock Road (Schedule A - By-law #30-12)
Notwithstanding the Permitted use provisions of Section 12.1, a retail store, as herein defined, is
permitted in addition to the other permitted uses in the RU Zone.
g.
RU-7: 237 County Road 23 (Schedule A - By-law #39-18)
Notwithstanding the provisions of Section 3.1, Accessory Apartments, on the lands zoned RU-7,
an accessory apartment is permitted in the second floor of the existing 3-bay detached garage on
the property.
SECTION 12: RURAL (RU) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
105
h.
RU-8: 2876 County Road 16 (Severed Lot - By-law #16-24)
Notwithstanding their "Rural (RU)" zoning designation, those lands identified as "Rural-8 (RU-
8)" on Schedule "A" to this By-Law, may be used in accordance with the "Rural (RU)" zone
provisions contained within this By-Law, excepting however that:
The minimum lot size shall be 0.68 ha (1.68 acre).
i.
RU-9: Part of Lot 24, Concession B and C, Former Township of Wolford, Village of
Merrickville-Wolford (By-law #39-2025)
Notwithstanding their "Rural (RU)" zoning designation, those lands identified as "Rural -
Exception 9 (RU-9)" on Schedule "A" to this By-Law, may be used in accordance with the
"Rural (RU)" zone provisions contained within this By-Law, excepting however that:
An accessory structure and use may be established prior to the main building/use.
j.
RU-10: Part of Lot 15, Concession 1, Former Township of Wolford, Village of Merrickville-
Wolford (By-Law #47-2025)
Notwithstanding their "Rural (RU)" zoning designation, those lands identified as "Rural -
Exception 10 (RU-10)" on Schedule "A" to this By-Law, may be used in accordance with the
"Rural (RU)" zone provisions contained within this By-Law, excepting however that:
Section 3.29.6, Aggregate Reserve Zones setback shall not apply to any dwelling or structure.
12.5
Holding Zones
a)
RU-6-h: 14362 County Road 15, Concession 2, Part Lot 11, RP 15R7502, Part 1 (By-law #35-22)
An Events Venue and Market may be permitted uses, For the purpose of the RU-6 zoning, a
hosted event and market shall not operate simultaneously. The maximum occupancy for a hosted
event shall be 100 occupants. A total of 60 on-site parking spaces shall be identified on the site
plan for the development.
SECTION 13: AGGREGATE - PIT (AP) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
106
13
AGGREGATE - PIT (AP) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Aggregate - Pit Zone
except in accordance with the following provisions.
13.1
Permitted Uses
conservation, excluding buildings
forestry, excluding buildings
general agriculture, excluding buildings
pit
13.2
Zone Provisions
1.
Lot Area (minimum)
No minimum
2.
Lot Frontage (minimum)
No minimum
3.
Front Yard Depth (minimum)
15 m (49.2 ft)
4.
Exterior Side Yard Width (minimum)
15 m (49.2 ft)
5.
Interior Side Yard Width (minimum)
15 m (49.2 ft)
6.
Rear Yard Depth (minimum)
15 m (49.2 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback, Parking, etc. in accordance with Section 3
10.
Buffering
The required yards shall be used for no purpose other than landscaped open space except
where a driveway or entrance passes through the required yard.
11.
Special Provisions
No pit shall be located closer than 300 m (984.3 ft) from an existing dwelling.
13.2.1 Exception Zones
SECTION 14: AGGREGATE - QUARRY (AQ) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
107
14
AGGREGATE - QUARRY (AQ) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Aggregate - Quarry
Zone except in accordance with the following provisions.
14.1
Permitted Uses
conservation, excluding buildings
forestry, excluding buildings
general agriculture, excluding buildings
quarry
14.2
Zone Provisions
1.
Lot Area (minimum)
No minimum
2.
Lot Frontage (minimum)
No minimum
3.
Front Yard Depth (minimum)
15 m (49.2 ft)
4.
Exterior Side Yard Width (minimum)
15 m (49.2 ft)
5.
Interior Side Yard Width (minimum)
15 m (49.2 ft)
6.
Rear Yard Depth (minimum)
15 m (49.2 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback, Parking, etc. in accordance with Section 3
10.
Buffering
The required yards shall be used for no purpose other than landscaped open space except
where a driveway or entrance passes through the required yard.
11.
Special Provisions
No quarry shall be located closer than 500 m (1,640 ft) from an existing dwelling.
14.3
Exception Zones
SECTION 15: AGGREGATE - RESERVE (AR) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
108
15
AGGREGATE - RESERVE (AR) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Aggregate - Reserve
Zone except in accordance with the following provisions.
15.1
Permitted Uses
conservation, excluding buildings
forestry, excluding buildings
general agriculture, excluding buildings
existing uses
15.2
Zone Provisions
1.
Lot Area (minimum)
No minimum
2.
Lot Frontage (minimum)
No minimum
3.
Front Yard Depth (minimum)
NA
4.
Exterior Side Yard Width (minimum)
NA
5.
Interior Side Yard Width (minimum)
NA
6.
Rear Yard Depth (minimum)
NA
7.
Landscaped Open Space (minimum)
NA
8.
Height of Building (maximum)
NA
9.
Accessory Uses, Waterbody Setback,
Parking, etc.
in accordance with Section 3
15.3
Exception Zones
SECTION 16: MINERAL RESOURCE (MR) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
109
16
MINERAL RESOURCE (MR) ZONE
No person shall use any lot or erect, alter or use any building or structure within a Mineral Resource Zone
except in accordance with the following provisions.
16.1
Permitted Uses
conservation, excluding buildings
forestry, excluding buildings
general agriculture, excluding buildings
mine
16.2
Zone Provisions
1.
Lot Area (minimum)
No minimum
2.
Lot Frontage (minimum)
No minimum
3.
Front Yard Depth (minimum)
15 m (49.2 ft)
4.
Exterior Side Yard Width (minimum)
15 m (49.2 ft)
5.
Interior Side Yard Width (minimum)
15 m (49.2 ft)
6.
Rear Yard Depth (minimum)
15 m (49.2 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback, Parking, etc. in accordance with Section 3
10.
Buffering
The required yards shall be used for no purpose other than landscaped open space except
where a driveway or entrance passes through the required yard.
11.
Special Provisions
No mine shall be located closer than 1,000 m (3,280 ft) from an existing dwelling.
16.3
Exception Zones
SECTION 17: ENVIRONMENTAL PROTECTION (EP) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
110
17
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall use any lot or erect, alter or use any building or structure within an Environmental
Protection Zone except in accordance with the following provisions.
17.1
Permitted Uses
1.
Non-Residential Uses
conservation, excluding buildings
existing uses
2.
Residential Uses
existing uses
17.2
Zone Provisions
1.
Lot Area (minimum)
No minimum
2.
Lot Frontage (minimum)
No minimum
3.
All yards (minimum)
30 m (98.4 ft)
4.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
5.
Accessory Uses, Waterbody Setback,
in accordance with Section 3
Parking, etc.
17.3
Special Provisions
1.
All provisions of Section 3 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the Environmental Protection (EP) Zone.
17.4
Exception Zones
SECTION 19: DEVELOPMENT (D) ZONE
Village of Merrickville-Wolford Zoning by-law No. 33-25
June 2, 2025
111
18
DEVELOPMENT (D) ZONE
No person shall use any lot or erect, alter or use any building or structure within a Development Zone
except in accordance with the following provisions.
18.1
Permitted Uses
Existing uses
Accessory uses to an existing use
18.2
Zone Provisions
1.
Lot Area (minimum)
existing
2.
Lot Frontage (minimum)
existing
3.
Front Yard Depth (minimum)
7.5 m (24.6 ft)
4.
Exterior Side Yard Width (minimum)
7.5 m (24.6 ft)
5.
Interior Side Yard Width (minimum)
3 m (9.8 ft)
6.
Rear Yard Depth (minimum)
7.5 m (24.6 ft)
7.
Landscaped Open Space (minimum)
10%
8.
Height of Building (maximum)
11 m (36.1 ft) as calculated in accordance with
the definition and illustrations in Section 2H
9.
Accessory Uses, Waterbody Setback,
in accordance with Section 3
Parking, etc.
18.3 Exception Zones
19
ADMINISTRATION, ENFORCEMENT AND PENALTIES
19.1
Administration
This By-law shall be administered by the Chief Building Official or by an officer designated by
the Corporation.
19.2
Interpretation
1.
For the purposes of this By-law, the definitions and interpretation given herein shall
govern.
2.
For the purposes of this By-law, words used in the present tense include the future; words
in singular number include the plural, and words in the plural include the singular
number; the word "shall" is mandatory; the words "used" and "occupied" shall include
the words "intended or arranged" and "designed to be used or occupied".
19.3
Building and Other Permits
Notwithstanding the provisions of the Corporation's Building By-law or any other By-law of the
Corporation, no building permit or occupancy permit shall be issued where the proposed building,
structure or use would be in violation of any of the provisions of this By-law.
19.4
Certificate of Occupancy
No change may be made in the type of use of any lot covered by this By-law or of any building or
structure on any such lot or of any part of such lot, building or structure, until a Certificate of
Occupancy has been issued by the Chief Building Official to the effect that the proposed use
complies with this By-law.
19.5
Application for Permits
In addition to all the requirements of the Corporation's Building By-law or any other By-law of
the Corporation, every application for a building permit shall be accompanied by a plan in
duplicate (one copy of which shall be retained by the Chief Building Official) drawn to scale and
showing the following:
1.
The true dimensions of the lot to be built upon or otherwise used.
2.
The proposed location, height and dimensions of any building, structure or use proposed
for such lot.
3.
Proposed locations and dimensions of any yards, setback, landscaped open space, off-
street parking space, etc., required by this By-law.
4.
The location of all existing buildings or structures on the lot.
5.
A statement signed by the owner, disclosing the exact use proposed for each aforesaid
building or structure and giving all information necessary to determine if such proposed
or existing building, structure or use conforms to the requirements of this By-law.
19.6
Inspection
The Chief Building Official of the Corporation acting under the direction of the Council, is
hereby authorized to enter, at all reasonable hours, upon any property or premises for the purpose
of carrying out his duties under this By-law.
19.7
Violations and Penalties
Every person who uses any lot, or erects or uses any building or structure or any part of any lot,
building or structure in a manner contrary to any requirement of this By-law, or who causes or
permits such use or erection, or who violates any provisions of this By-law or causes or permits a
violation, shall be guilty of an offence and subject to the provisions of Section 67 of the Planning
Act, RSO 1990 and the Municipal Act SO 2001, c.25, as amended from time to time. Further,
any person who contravenes any of the provisions of this By-law is guilty of an offence and the
procedure with respect thereto, and the penalty upon conviction therefore shall be as provided for
in the Provincial Offences Act, RSO 1990 Chapter. P. 33 and amendments thereto.
19.8
Remedies
In case any building or structure is to be erected, altered, reconstructed, extended or part thereof
is to be used, or any lot is to be used, in contravention of any requirement of this By-law, such
contravention may be restrained by action at the instance of any ratepayer or of the Corporation
pursuant to the Municipal Act 2001, SO2001, c.25, as amended from time to time.
19.9
Validity
If any section, clause or provision of this By-law, including anything contained in the Schedules,
attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, 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 invalid and it is hereby declared to be the intention that all the
remaining sections, clauses or provisions of this By-law shall remain in full force and effect until
repealed, notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
19.10 Repeal of Existing By-laws
All existing Zoning By-laws, including By-law No. 23-08 as amended, passed pursuant to the
Planning Act, are hereby repealed and such repeal shall come into effect upon the date this By-
law comes into force and effect.
19.11 Approval
This By-law shall become effective on the date of passing hereof.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF JUNE, 2025
READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF JUNE, 2025.
Michael Cameron, Mayor
Julia McCaugherty-Jansman, Clerk