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MUNICIPALITY OF MIDDLESEX CENTRE
COMPREHENSIVE ZONING BY-LAW
NO. 2005-005
CONSOLIDATED VERSION - January 2026
Municipality of Middlesex Centre - Comprehensive Zoning By-law
i
DISCLAIMER
The Municipality of Middlesex Centre Comprehensive Zoning By-law 2005-005 and attached
Schedules are provided as a public service. In any situation where the printed Zoning By-law
text or Schedules of the Municipality of Middlesex Centre differ from electronic versions
contained in the website, the official printed publications take precedence. Users of this
electronic information should verify it with the printed official information before acting on it.
Content you access here is not necessarily an exact and/or current reproduction of official
documents. For example, Zoning By-law amendments may be in progress or Internet browser
display capability may affect map presentation formats and the zoning regulations which apply
to specific areas. The Municipality of Middlesex Centre does not warrant accuracy of these
electronic versions and accepts no responsibility for any damages suffered by any person as a
result of decisions made - or actions based - on informational content accessed via its Internet
site.
Official versions of the Comprehensive Zoning By-law and related Schedules can be obtained
from the Municipality of Middlesex Centre by calling 519-666-0190 or emailing
[email protected].
BY DOWNLOADING THIS DOCUMENT, YOU HAVE ACCEPTED THESE TERMS.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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ABOUT THIS DOCUMENT
This document constitutes a consolidated version of Zoning By-law 2005-005, The
Comprehensive Zoning By-law of the Municipality of Middlesex Centre adopted by Council May
4, 2005.
It incorporates all amendments to the Zoning By-law, all Temporary Use By-laws and all
amendments to remove the holding (h) symbol in full force and effect.
In addition, it also incorporates all minor variances/permissions granted by the Committee of
Adjustment in full force and effect.
This document is intended for administrative and convenience purposes. For legal purposes,
reference should be made to the actual adopted version of the Zoning By-law, individual
amendments and Temporary Use By-laws adopted by Council and decisions of the Committee
of Adjustment.
ACCESSIBILITY
If you require this document in an alternative format, please contact Middlesex Centre at:
Municipality of Middlesex Centre
10227 Ilderton Rd. Ilderton, ON, N0M 2A0
Phone: 519-666-0190 or 1-800-220-8968
Email: [email protected]
Website: middlesexcentre.ca
Municipality of Middlesex Centre - Comprehensive Zoning By-law
iii
TABLE OF CONTENTS
DISCLAIMER.............................................................................................................................. i
ABOUT THIS DOCUMENT ........................................................................................................ ii
ACCESSIBILITY ......................................................................................................................... ii
1.0
ADMINISTRATION ......................................................................................................... 1
1.1
TITLE OF BY-LAW ......................................................................................................... 1
1.2
SCOPE OF BY-LAW ....................................................................................................... 1
1.3
APPLICATION ................................................................................................................ 1
1.4
INTERPRETATION OF BY-LAW ..................................................................................... 1
1.5
MEASUREMENTS ......................................................................................................... 2
1.6
MINIMUM REQUIREMENTS .......................................................................................... 2
1.7
SCHEDULE FORMS PART OF BY-LAW ........................................................................ 3
1.8
ADMINISTRATION ......................................................................................................... 3
1.9
LICENCES AND PERMITS ............................................................................................ 3
1.10
ISSUANCE OF BUILDING PERMITS ............................................................................. 3
1.11
BUILDINGS TO BE MOVED ........................................................................................... 3
1.12
RISK, EXPENSE AND COMPLIANCE............................................................................ 4
1.13
INSPECTION ................................................................................................................. 4
1.14
VIOLATIONS AND PENALTIES ...................................................................................... 4
1.15
ORDER OF PROHIBITION ............................................................................................ 5
1.16
APPLICATION OF OTHER BY-LAWS ............................................................................ 5
1.17
OTHER BY-LAWS .......................................................................................................... 5
1.18
REMEDIES .................................................................................................................... 5
1.19
VALIDITY ....................................................................................................................... 5
1.20
REPEAL OF EXISTING BY-LAWS ................................................................................. 6
1.21
EFFECTIVE DATE ......................................................................................................... 6
2.0
DEFINITIONS ................................................................................................................. 7
3.0
ZONES AND ZONING MAP ..........................................................................................34
3.1
ESTABLISHMENT OF ZONES ......................................................................................34
3.2
USE OF ZONE SYMBOLS ............................................................................................35
3.3
FILL REGULATED AREAS ............................................................................................35
3.4
DEFINED AREAS ..........................................................................................................35
3.5
EXCEPTIONS FOR DEFINED AREAS ..........................................................................35
3.6
INTERPRETATION OF ZONE BOUNDARIES ...............................................................36
3.7
HOLDING SYMBOL (h) .................................................................................................36
3.8
TEMPORARY USE BY-LAW .........................................................................................38
4.0
GENERAL PROVISIONS ..............................................................................................39
4.1
ACCESSORY USES .....................................................................................................39
4.2
ADDITIONAL RESIDENTIAL UNITS .............................................................................40
4.3
CANNABIS PRODUCTION FACILITIES ........................................................................42
4.4
CONSTRUCTION USES ...............................................................................................42
4.5
ESTABLISHED BUILDING LINES .................................................................................42
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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4.6
EXISTING LOTS ...........................................................................................................42
4.7
EXPLORATION AND/OR PRODUCTION OF NATURAL GAS OR CRUDE OIL ............43
4.8
EXPROPRIATIONS AND DEDICATIONS ......................................................................43
4.9
FRONTAGE ON A PUBLIC ROAD ................................................................................43
4.10
GARDEN SUITES .........................................................................................................44
4.11
HAZARD LANDS ...........................................................................................................44
4.12
HEIGHT RESTRICTIONS .............................................................................................44
4.13
HOME OCCUPATION ...................................................................................................45
4.14
LANDSCAPING .............................................................................................................46
4.15
LOTS WITH MORE THAN ONE USE OR ZONE ...........................................................47
4.16
LOTS CREATED HAVING GREATER COMPLIANCE ...................................................47
4.17
LOSS BY NATURAL CAUSES ......................................................................................47
4.18
MINIMUM DISTANCE SEPARATION FORMULAE ........................................................48
4.19
MINIMUM SETBACKS FROM PROVINCIAL HIGHWAYS, COUNTY ROADS
AND MUNICIPAL CONCESSION ROADS ....................................................................48
4.20
MINIMUM SETBACKS FROM MUNICIPAL DRAINS AND NATURAL
WATERCOURSES ........................................................................................................48
4.21
MINIMUM SETBACKS FROM RAILWAYS ....................................................................49
4.22
MINIMUM SETBACKS FROM SEWAGE TREATMENT PLANTS ..................................49
4.23
NON-CONFORMING USES ..........................................................................................49
4.24
NON-COMPLYING BUILDINGS AND STRUCTURES ON EXISTING LOTS .................49
4.25
NON-COMPLYING BUILDINGS AND STRUCTURES ON NEW LOTS .........................50
4.26
OPEN STORAGE ..........................................................................................................50
4.27
ON-FARM DIVERSIFIED USES ....................................................................................51
4.28
PARKING REGULATIONS ............................................................................................51
4.29
PROHIBITED USES ......................................................................................................60
4.30
PUBLIC USES ...............................................................................................................60
4.31
SIGHT VISIBILITY TRIANGLES ....................................................................................60
4.32
SWIMMING POOLS ......................................................................................................61
4.33
TELECOMMUNICATION TRANSMITTING FACILITIES AND TOWERS .......................62
4.34
YARD ENCROACHMENTS AND OBSTRUCTIONS ......................................................62
5.0
AGRICULTURAL (A1) ZONE ........................................................................................64
5.1
GENERAL USE REGULATIONS ...................................................................................64
5.2
SPECIAL USE REGULATIONS .....................................................................................65
5.3
EXCEPTIONS ...............................................................................................................66
5.4
TEMPORARY USES .....................................................................................................73
6.0
AGRICULTURAL - NO RESIDENCES (A3) ZONE ......................................................78
6.1
GENERAL USE REGULATIONS ...................................................................................78
6.2
SPECIAL USE REGULATIONS .....................................................................................79
6.3
EXCEPTIONS ...............................................................................................................79
6.4
TEMPORARY USES .....................................................................................................80
7.0
URBAN RESIDENTIAL FIRST DENSITY (UR1) ZONE ................................................81
7.1
GENERAL USE REGULATIONS ...................................................................................81
7.2
SPECIAL USE REGULATIONS .....................................................................................82
7.3
EXCEPTIONS ...............................................................................................................83
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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7.4
TEMPORARY USES .....................................................................................................98
8.0
URBAN RESIDENTIAL SECOND DENSITY (UR2) ZONE ...........................................99
8.1
GENERAL USE REGULATIONS ...................................................................................99
8.2
SPECIAL USE REGULATIONS ................................................................................... 100
8.3
EXCEPTIONS ............................................................................................................. 101
8.4
TEMPORARY USES ................................................................................................... 102
9.0
URBAN RESIDENTIAL THIRD DENSITY (UR3) ZONE .............................................. 103
9.1
GENERAL USE REGULATIONS ................................................................................. 103
9.2
SPECIAL USE REGULATIONS ................................................................................... 104
9.3
EXCEPTIONS ............................................................................................................. 104
9.4
TEMPORARY USES ................................................................................................... 121
10.0
COMMUNITY RESIDENTIAL FIRST DENSITY (CR1) ZONE ..................................... 122
10.1
GENERAL USE REGULATIONS ................................................................................. 122
10.2
SPECIAL USE REGULATIONS ................................................................................... 123
10.3
EXCEPTIONS ............................................................................................................. 123
10.4
TEMPORARY USES ................................................................................................... 124
11.0
COMMUNITY RESIDENTIAL SECOND DENSITY (CR2) ZONE ................................ 125
11.1
GENERAL USE REGULATIONS ................................................................................. 125
11.2
SPECIAL USE REGULATIONS ................................................................................... 126
11.3
EXCEPTIONS ............................................................................................................. 126
11.4
TEMPORARY USES ................................................................................................... 126
12.0
HAMLET RESIDENTIAL FIRST DENSITY (HR1) ZONE ............................................ 127
12.1
GENERAL USE REGULATIONS ................................................................................. 127
12.2
SPECIAL USE REGULATIONS ................................................................................... 128
12.3
EXCEPTIONS ............................................................................................................. 128
12.4
TEMPORARY USES ................................................................................................... 132
13.0
SURPLUS RESIDENCE (SR) ZONE........................................................................... 133
13.1
GENERAL USE REGULATIONS ................................................................................. 133
13.2
SPECIAL USE REGULATIONS ................................................................................... 134
13.3
EXCEPTIONS ............................................................................................................. 134
13.4
TEMPORARY USES ................................................................................................... 136
14.0
VILLAGE CENTRE (C1) ZONE ................................................................................... 137
14.1
GENERAL USE REGULATIONS ................................................................................. 137
14.2
SPECIAL USE REGULATIONS ................................................................................... 138
14.3
EXCEPTIONS ............................................................................................................. 139
14.4
TEMPORARY USES ................................................................................................... 149
15.0
HIGHWAY COMMERCIAL (C2) ZONE ........................................................................ 150
15.1
GENERAL USE REGULATIONS ................................................................................. 150
15.2
SPECIAL USE REGULATIONS ................................................................................... 151
15.3
EXCEPTIONS ............................................................................................................. 152
15.4
TEMPORARY USES ................................................................................................... 157
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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16.0
OFFICE PARK COMMERCIAL (C3) ZONE ................................................................ 158
16.1
GENERAL USE REGULATIONS ................................................................................. 158
16.2
SPECIAL USE REGULATIONS ................................................................................... 159
16.3
EXCEPTIONS ............................................................................................................. 159
16.4
TEMPORARY USES ................................................................................................... 159
17.0
HAMLET COMMERCIAL (C4) ZONE ......................................................................... 160
17.1
GENERAL USE REGULATIONS ................................................................................. 160
17.2
SPECIAL USE REGULATIONS ................................................................................... 161
17.3
EXCEPTIONS ............................................................................................................. 163
17.4
TEMPORARY USES ................................................................................................... 163
18.0
LIGHT INDUSTRIAL (M1) ZONE ................................................................................ 164
18.1
GENERAL USE REGULATIONS ................................................................................. 164
18.2
SPECIAL USE REGULATIONS ................................................................................... 165
18.3
EXCEPTIONS ............................................................................................................. 165
18.4
TEMPORARY USES ................................................................................................... 166
19.0
GENERAL INDUSTRIAL (M2) ZONE ......................................................................... 167
19.1
GENERAL USE REGULATIONS ................................................................................. 167
19.2
SPECIAL USE REGULATIONS ................................................................................... 168
19.3
EXCEPTIONS ............................................................................................................. 169
19.4
TEMPORARY USES ................................................................................................... 170
20.0
FARM INDUSTRIAL (M3) ZONE ................................................................................. 171
20.1
GENERAL USE REGULATIONS ................................................................................. 171
20.2
SPECIAL USE REGULATIONS ................................................................................... 172
20.3
EXCEPTIONS ............................................................................................................. 173
20.4
TEMPORARY USES ................................................................................................... 174
21.0
EXTRACTIVE INDUSTRIAL (M4) ZONE .................................................................... 175
21.1
GENERAL USE REGULATIONS ................................................................................. 175
21.2
SPECIAL USE REGULATIONS ................................................................................... 176
21.3
EXCEPTIONS ............................................................................................................. 176
21.4
TEMPORARY USES ................................................................................................... 178
22.0
INSTITUTIONAL (I) ZONE .......................................................................................... 179
22.1
GENERAL USE REGULATIONS ................................................................................. 179
22.2
SPECIAL USE REGULATIONS ................................................................................... 180
22.3
EXCEPTIONS ............................................................................................................. 180
22.4
TEMPORARY USES ................................................................................................... 181
23.0
PARKS AND RECREATION (PR) ZONE .................................................................... 182
23.1
GENERAL USE REGULATIONS ................................................................................. 182
23.2
SPECIAL USE REGULATIONS ................................................................................... 183
23.3
EXCEPTIONS ............................................................................................................. 183
23.4
TEMPORARY USES ................................................................................................... 185
24.0
OPEN SPACE (OS) ZONE .......................................................................................... 186
24.1
GENERAL USE REGULATIONS ................................................................................. 186
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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24.2
SPECIAL USE REGULATIONS ................................................................................... 186
24.3
EXCEPTIONS ............................................................................................................. 187
24.4
TEMPORARY USES ................................................................................................... 188
25.0
EXISTING USE (EU) ZONE ........................................................................................ 189
25.1
GENERAL USE REGULATIONS ................................................................................. 189
25.2
SPECIAL USE REGULATIONS ................................................................................... 189
25.3
EXCEPTIONS ............................................................................................................. 189
25.4
TEMPORARY USES ................................................................................................... 190
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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1.0
ADMINISTRATION
1.1
TITLE OF BY-LAW
This By-Law of the Corporation of the Municipality of Middlesex Centre may be cited
as the Zoning By-Law.
1.2
SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW
The provisions of this By-Law shall apply to all those lands lying within the
Corporate Limits of the Municipality of Middlesex Centre.
(b)
COMPLIANCE WITH ZONING BY-LAW
No person shall, within the lands to which this By-Law applies, use any land or
erect or use any buildings or structures in whole or in part, except in conformity
with the provisions of this By-Law.
1.3
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the
Municipality of Middlesex Centre as now or hereafter legally constituted:
(a)
EXISTING USE CONTINUED Nothing in this By-Law shall prevent:
(i)
The use of any land, building or structure for any purpose prohibited by this
By-Law if such land, building or structure was lawfully used for such
purpose on the day of the passing of this By-Law, so long as it continues to
be used for that purpose.
(ii)
The erection or use of any building or structure for a purpose prohibited by
this By-Law, the plans of which have been, prior to the day of the passing of
this By-Law, approved by the Chief Building Official, 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 building permit has not been
revoked under the Building Code Act, 1992, S.O. 1992, c.23.
(b)
COMPLIANCE WITH OTHER RESTRICTIONS
This By-Law shall not be construed so as to reduce or mitigate any other
restrictions or regulations lawfully imposed by the Municipality or by any
governmental authority having jurisdiction to make such restrictions or
regulations.
1.4
INTERPRETATION OF BY-LAW
(a)
DEFINITIONS
In this By-Law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2.0 hereof shall apply.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(b)
TEXT
Unless specified otherwise, the following shall apply throughout the text of this
By-law:
(i)
The particular shall control the general;
(ii)
The word "shall" is to be construed as mandatory and not discretionary;
(iii)
Unless the contrary intention specifically appears otherwise, words
imparting the singular number of the masculine gender only shall include
more persons, parties, or things of the same kind than one, and of any
gender, and the converse;
(iv)
Words used in the present tense shall include the future tense;
(v)
A building or structure shall include any part thereof; and
(vi)
Any Act or Regulation referred to in this By-law shall include any
amendments or revisions made thereto or any subsequent Act or
Regulation enacted in place thereof.
(c)
NUMBER, USE AND OCCUPY
In this By-Law, unless the contrary intention is indicated, words used in the
singular shall include the plural and vice versa. Also, in this By-Law, unless the
context requires otherwise, the verb "USE" shall include design to be used,
arrange to be used, intend to be used, and permit to be used; and the verb
"OCCUPY" shall include design to be occupied, arrange to be occupied, intend to
be occupied, and permit to be occupied.
1.5
MEASUREMENTS
All measurements of length or area used in this By-Law shall be subject to the normal
rules of rounding numbers, within the degree of precision specified by the number of
digits following the decimal point (if any), so that:
(a)
For a WHOLE NUMBER, measurements of LESS THAN 0.5 shall be rounded
DOWNWARD to the next whole unit;
(b)
For a WHOLE NUMBER, measurements of 0.5 AND GREATER shall be rounded
UPWARD to the next whole unit;
(c)
For a number having ONE DECIMAL PLACE, measurements of LESS THAN
0.05 shall be rounded DOWNWARD to the next one-tenth unit; and
(d)
For a number having ONE DECIMAL PLACE, measurements of 0.05 AND
GREATER shall be rounded UPWARD to the next one-tenth unit.
Ratios and percentage figures shall not be subject to rounding.
1.6
MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this By-law, they are held to be the
minimum requirements for the promotion of health, safety, comfort, convenience, and
general welfare of the inhabitants of the Municipality.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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1.7
SCHEDULE FORMS PART OF BY-LAW
Schedule A, which includes Maps U-1 to U-12 and Maps 1 to 102 inclusive, and which
is attached hereto, forms a part of this By-law as fully and to all intents and purposes
as though recited in full herein.
1.8
ADMINISTRATION
This By-Law shall be administered by a person (or persons) designated from time to
time by Council who shall be considered to be the Chief Building Official of the
Municipality of Middlesex Centre or by such employee of the Municipality of Middlesex
Centre as designated by the Chief Building Officer.
1.9
LICENCES AND PERMITS
(a)
No municipal permit, certificate, or license shall be issued where the said permit
is required for a proposed use of land or a proposed erection, alteration,
enlargement or use of any building or structure that is in violation of any
provisions of this By-law.
(b)
No excavation for any building or structure shall be commenced until a Building
Permit has been issued by the Chief Building Official or an authorized employee
of the Municipality of Middlesex Centre.
(c)
No person shall occupy a new building or structure, in whole or in part, until such
time as a final inspection has been given by the Chief Building Official.
(d)
Where Ontario Fill, Construction and Alterations to Waterways Regulations are in
effect, a permit from the Conservation Authority having jurisdiction or any other
authority having jurisdiction is required prior to the construction of any building or
structure or any grading/excavation taking place on the regulated lands. These
lands are delineated by shading for reference purposes and are shown on
Schedule A to this By-law.
1.10
ISSUANCE OF BUILDING PERMITS
Notwithstanding the provisions of the Building Code Act, 1992, S.O. 1992, c.23, or any
by-law of the Municipality to the contrary, no building permit shall be issued where a
proposed building, structure or alteration to an existing building or structure would
contravene in any way, one or more of the provisions of this By- Law.
1.11
BUILDINGS TO BE MOVED
No building shall be moved within the jurisdiction of the Municipality of Middlesex
Centre or shall be moved into the jurisdiction of the Municipality of Middlesex Centre
from outside its jurisdiction without a permit from the Chief Building Official.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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1.12
RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-Law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of which
such matters are required hereby, and the said owner and/or user shall at all times
bear full responsibility for ensuring compliance in all respects with this By-Law.
1.13
INSPECTION
(a)
Subject to Clause (b) of this Subsection, the By-law Enforcement Officer, or any
other officer or employee of the Municipality, acting under the direction of
Council, is hereby authorized to enter, at all reasonable hours, upon any property
or premises for the purpose of carrying out his duties and obligations under this
By-Law, if there are reasonable grounds to believe that the provisions of this By-
law are not being complied with, in whole or part.
(b)
Notwithstanding anything to the contrary in Clause (a) of this Subsection, no
officer or employee of the Corporation shall enter any room or place actually
being used as a dwelling unit or part thereof without the consent of the occupier
or occupant, except under the authority of a search warrant issued under the
Provincial Offences Act, R.S.O. 1990, c.P. 33.
1.14
VIOLATIONS AND PENALTIES
Every person:
(a)
who contravenes any of the provisions of this By-Law; or
(b)
who is the owner of any land used or of any building or structure erected, altered,
enlarged or used in contravention of this By-Law; or
(c)
who causes or permits any land used or of any building or structure erected,
altered, enlarged or used in contravention of this By-Law; or
(d)
who is the occupant of any land used or of any building or structure erected,
altered, enlarged or used in contravention of this By-Law;
is guilty of an offence and on conviction is liable,
(e)
on a first conviction to a fine of not more than $50,000.00 and
(f)
on a subsequent conviction to a fine of not more than $25,000.00 for each day or
part thereof during which the contravention has continued after the day upon
which there was a first conviction;
provided that if a corporation is convicted under this Section 1.15, the maximum
penalty that may be imposed is,
(g)
on the first conviction, a fine of not more than $100,000.00, and
(h)
on a subsequent conviction, to a fine of not more than $50,000.00 for each day
or part thereof during which the contravention has continued after the day upon
which the corporation was first convicted.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
5
Every such penalty shall be recoverable under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 and the Provincial Offences Act, R.S.O. 1990, c.P. 33.
1.15
ORDER OF PROHIBITION
When a conviction is entered under Section 1.14, in addition to any other remedy or
any penalty provided by law, the Court in which the conviction has been entered and
any Court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
1.16
APPLICATION OF OTHER BY-LAWS
Nothing in this By-Law shall operate to relieve any person from any obligation to
comply with the requirements of the Building Code Act, 1992, S.O. 1992, c.23, or any
by-law of the Municipality in force from time to time or any other applicable law or the
obligations to obtain any license, permit, authority or approval required under this or
any other by-law of the Municipality or any other public authority or body.
1.17
OTHER BY-LAWS
If the provisions of this By-Law are inconsistent with the provisions of any other by-law
of the Municipality, then the provisions establishing the higher or more demanding, or
more onerous, or more strict standard shall prevail and if there is a conflict of
provisions, then the provisions of this By-Law shall prevail.
1.18
REMEDIES
(a)
Where a building or structure is erected, altered, reconstructed, extended or
enlarged, or any building or structure or part thereof is used, or any lot is used, in
contravention of any requirements or other provisions of this By- Law, such
contravention may be restrained by action at the insistence of any ratepayer of
the Municipality pursuant to the relevant provisions of the Planning Act, R.S.O.
1990, c.P.13, the Municipal Act, 2001, S.O. 2001, c.25, or the Courts of Justice
Act, R.S.O. 1990, c. C.43 in that behalf.
(b)
Where a person guilty of a violation against this By-Law has been directed to
remedy such violation and is in default of doing any work thus required, then
such work may be done at their expense by the Municipality, at its sole discretion,
and the Municipality shall have the unlimited right to recover any expenses thus
incurred by action or in like manner as municipal taxes, and such expenses shall
be in addition to and not in derogation of any remedy by way of mandamus,
injunction or otherwise.
1.19
VALIDITY
A decision of a Court that one or more of the provisions of this By-Law are invalid in
whole or in part does not affect the validity, effectiveness or enforceability of the other
provisions or parts of the provisions of this By-Law.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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1.20
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-Law, the former Township of Delaware Zoning
By-law No. 8-1984 as amended, the former Township of Lobo Zoning By-law No. 95-
100 as amended, the former Township of London Zoning By-law No. 6550/96 as
amended, and the former Town of Westminster Zoning By-law No. 2000 as amended,
passed under Section 34 of the Planning Act, R.S.O. 1990, c.P.13 shall be repealed
save and except to the extent that they affect any minor variances duly granted to
these by-laws after January 1, 1998 under Section 45 of the Planning Act, R.S.O.
1990, c.P.13.
1.21
EFFECTIVE DATE
This By-Law shall become effective from the date of its passing by Council and comes
into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, c.P.13, or
upon approval of the Ontario Land Tribunal or equivalent body.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
7
2.0
DEFINITIONS
Whenever used in this By-law, all words and phrases shall have their customary
meaning with the exception of the following words and phrases that shall have the
following meanings:
2.1
ABATTOIR means a building or structure, or portion thereof, where animals are
slaughtered for the purposes of processing meat into food for human consumption;
and where meat products are produced, processed, handled, stored or sold.
2.2
ACCESSORY, when used to describe a use, building or structure means a use,
building or a structure that is:
(a)
incidental, subordinate and exclusively devoted to a main use, building or
structure;
(b)
located on the same lot as the main use, building or structure; and
(c)
unless specified otherwise in this By-law, not used for human habitation.
2.3
ADULT ENTERTAINMENT ESTABLISHMENT means any premises or part thereof in
which is provided, in pursuance of a trade, calling, business or occupation, or services
appealing to or designed to appeal to erotic or sexual appetites or inclinations.
In this definition:
(a)
TO PROVIDE includes to furnish, perform, solicit, or give such services and
providing and provision have corresponding meanings;
(b)
SERVICES include activities, facilities, performers, exhibitions, viewings and
encounters;
(c)
SERVICES DESIGNED TO APPEAL TO EROTIC OR SEXUAL APPETITES OR
INCLINATIONS includes:
(i)
services of which a principal feature or characteristic is the nudity or partial
nudity of any person;
(ii)
services in respect of which the word nude, naked, topless, bottomless,
sexy, or any other word or any picture, symbol or representation having like
meaning or implication is used in any advertisement.
2.4
AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, and rock other than metallic ores.
2.5
AGGREGATE STORAGE means an area in which aggregate may be stored in
conjunction with a pit or quarry, for sale or use in the production of cement or asphalt.
2.6
AGRICULTURAL PROCESSING ESTABLISHMENT means a lot, building or structure
used for the processing of products directly derived from agriculture and may include
the processing, storage and transport of such products and an abattoir.
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2.7
AGRICULTURAL SALES ESTABLISHMENT means a lot, buildings, or structures or
portions thereof for the purpose of sales of goods, materials or services that are
necessary to support agricultural uses as defined in this By-law and, without limiting
the generality of the foregoing, may include the processing, sale and storage of feed,
fertilizer and chemical products, agricultural products and farm fuel suppliers or
depots.
2.8
AGRICULTURAL USE means the cultivation of land, the production of crops and the
processing and selling of such products on a lot, and the breeding, raising and care of
livestock and the selling of such livestock or the products of such livestock raised on a
lot and without limiting the generality of the foregoing, may include animal husbandry,
aquaculture, fur farming, pasturage, the raising and harvesting of field crops,
horticulture, dairying, poultry keeping, fruit bush crops, fruit tree crops or vine crops,
wholesale greenhouses, sod farming, agri-forestry such as Christmas tree plantations,
a mushroom farm, apiary and beekeeping, with or without its main buildings, including
one single detached dwelling, barns, sheds, pens and similar accessory buildings, but
does not include any dwelling accessory to the farming operation, a mushroom
composting facility.
2.9
AGRICULTURAL USE, INTENSIVE LIVESTOCK means an agricultural use of a lot
which includes the keeping of one or more types of livestock in such numbers that
either:
(a)
the livestock units kept on such lot exceeds one hundred and fifty (150) livestock
units; or
(b)
the livestock units density determined for such lot is greater than five (5) livestock
units per tillable hectare available for the farm operation on such lot for
application of livestock manure for such lot;
and for the purpose of the definition of intensive livestock agricultural use,
LIVESTOCK UNITS kept on a lot at any particular time shall be determined:
(i)
by calculating the maximum number of each livestock type kept on such lot
at that time,
(ii)
by dividing such maximum number of each such livestock type by the
Animals per Livestock Unit Factor prescribed in Table 1, Appendix A of
Minimum Distance Separation II (MDS II) in order to determine the livestock
units for each such animal or bird type kept on such lot at such time, and
(iii)
by aggregating the livestock units for each animal or bird type kept on such
lot at any such time.
For the purpose of the definition of intensive livestock agricultural use, LIVESTOCK
UNIT DENSITY for a lot shall be determined by dividing the number of livestock units,
kept on such lot as calculated using Table, 1, Appendix A of Minimum Distance
Separation II (MDS II) by the tillable land base identified in a nutrient management
plan, or by the tillable land base available on such lot.
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For the purpose of the definition of intensive livestock agricultural use, TILLABLE
LAND BASE for a lot means the total area of land in hectares, including pasture land
that is capable of being cultivated.
2.10
AGRICULTURAL USE, VALUE-ADDED means any activity or process that is
completed by the farm operator, which alters the original agricultural product or
commodity grown on site and may be supplemented by off-farm inputs, and may
include bagging, packaging, grain drying and milling, bio-product production, bundling,
pre-cutting, cooking and baking and marketing activities.
2.11
AGRI-TOURISM USE means farm-related tourism uses that promote the enjoyment,
education or activities related to the principal farm operation on a lot such as farm
machinery and equipment exhibitions (on a temporary basis), farm tours, petting-zoos,
hay rides and sleigh rides, processing demonstrations, pick-your-own produce
operations, small-scale farm theme playgrounds and small-scale educational
establishments that focus on farming instruction, and may include accessory small-
scale vendors associated with the agri-tourism use.
2.12
ALTER, when used in reference to a building or structure, or portion thereof, means to
change any one or more of the internal or external dimensions of such building or
structure or to change the type of construction of the exterior walls or roof thereof.
2.13
ALTER, when used in reference to a lot, means to decrease or increase the width,
depth, or area thereof or to decrease or increase the frontage, depth or area of any
required yard, setback, or parking area, or to change the location of any boundary of
such lot with respect to a road, whether such alteration is made by conveyance or
alienation of any portion of the said lot.
2.14
AMENITY AREA shall mean a space located indoors or outdoors for the passive
enjoyment and active recreational needs of the residents where private yards may not
be provided. Amenity Area includes, but is not limited to outdoor patios, open
landscaped areas, communal indoor and/or outdoor fitness spaces, communal indoor
social spaces, swimming pools, and outdoor rooftop decks and other areas that can
reasonably be used by residents for active or passive recreation, but does not include
lobbies, common laundry areas, storage areas, hallways, parking areas, landscape
strips, and loading spaces.
2.15
ANIMAL CLINIC means a building or part thereof, designed, used or intended for use
by a veterinarian and their assistants for the purpose of providing for the care and
treatment of pets raised or housed for recreational or hobby purposes and without
limiting the generality of the foregoing includes dogs, cats, and birds but does not
include livestock.
2.16
ANIMAL HOSPITAL means a building designed, used or intended for use by a
veterinarian and their assistants for the purpose of providing for the care and treatment
of livestock, and may include an animal clinic.
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2.17
AMBULATORY MOBILE ANIMAL HOSPITAL means a building or part thereof,
designed, used or intended for use by a veterinarian and their assistants for the
purpose of supporting the care and treatment of livestock at off-site locations and does
not permit treatment to occur on site. It may not include an Animal Clinic.
2.18
APARTMENT BUILDING means multiple dwelling units contained within a building,
which have a common entrance from the outside, and may contain one or more
permitted uses other than residential on the first floor.
2.19
AREA OF OPERATION means, in relation to an on-farm diversified use, all associated
buildings, landscape area, berms, well and septic systems, parking areas and
dedicated laneways, and shall exclude existing laneways and parking areas shared
with the principal agricultural use on the same lot.
2.20
ATTACHED when used in reference to a building, means a building otherwise
complete in itself, which depends for structural support or for complete enclosure,
upon a division wall or division walls shared in common with adjacent building or
buildings.
2.21
ATTIC means the topmost usable storey of a building, situated wholly or partly within a
roof, where at least 50.0 percent, but not more than 66.0 percent of such storey is
greater than 2.0 metres (6.6 ft) in height.
2.22
BASEMENT means that portion of a building between two floor levels which is partly
underground but which has less than one-half of its height from finished floor to
finished ceiling below finished ground surface or grade.
2.23
BED AND BREAKFAST ESTABLISHMENT means a single detached dwelling in
which not more than five rooms are made available by the person or persons
occupying the said dwelling for the temporary accommodation of the travelling or
vacationing public and within which light meals may be offered. A maximum of one
non-luminous sign indicating the name and business of the occupant and having a
maximum area of 1 m² shall be permitted.
2.24
BEDROOM means a habitable room located within a dwelling unit and used primarily
for sleeping.
2.25
BOARDING HOUSE, ROOMING HOUSE or TOURIST HOME means a building or
portion thereof, in which the proprietor resides and supplies, for hire or gain to other
persons, lodging and/or meals, but shall not include a hotel, hospital, home for the
young or the aged, or institution, or restaurant accommodating the general public.
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2.26
BODY-RUB ESTABLISHMENT or MASSAGE PARLOUR means any premises or
part thereof where a body-rub or a massage is performed, offered, or solicited in
pursuance of a trade, calling, business or occupation, but does not include any
premises or part thereof where the body-rubs or massages performed are for the
purpose of medical or therapeutic treatment and are performed or offered by persons
otherwise duly qualified, licensed or registered to do so under the laws of the Province
of Ontario.
2.27
BUILDING means a structure, whether temporary or permanent, used or intended for
sheltering any use or occupancy and consisting of a wall, roof, and floor or any one or
more of them, or a structural system serving the functions thereof, including all the
works, fixtures, and service systems appurtenant thereto, but shall not include a
boundary wall, fence, travel trailer, camping trailer, truck camper, motor home, or tent,
or as otherwise defined under the Building Code Act, 1992, S.O. 1992, c.23.
2.28
BUILDING ENVELOPE means that portion of a lot within which permitted buildings or
other structures may be altered, erected, used, or maintained.
2.29
BUILDING LINE means a line within a lot drawn parallel to a lot line which establishes
the minimum distance between the lot line and any building or structure which may be
erected. Where the lot line is a curve, the same shall apply.
2.30
BUILDING LINE, ESTABLISHED means a building line established between existing
buildings where at least five (5) main buildings have been erected on any one side of a
continuous one hundred and fifty (150) metre strip of land fronting on a street or road.
The established building line shall thus mean the average setback of the existing main
buildings.
2.31
BUILDING PERMIT means a permit required by the Building By-law under the
Building Code Act, 1992, S.O. 1992, c.23.
2.32
BUILDING SUPPLY ESTABLISHMENT means a building or structure in which
building or construction and home improvement materials are offered or kept for retail
sale.
2.33
BULK SALES ESTABLISHMENT means the use of land, structure or building, or the
portions thereof, for the purpose of buying, selling, and storing fuel oil, lumber, wood,
building materials, or similar bulk commodities, but excludes any manufacturing,
assembling or processing of these commodities.
2.34
BY-LAW ENFORCEMENT OFFICER means an officer or employee of the Municipality
charged with the duties of enforcing this By-law.
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2.35
CAMPGROUND means the use of land, buildings, or structures, and comprising land
used for seasonal recreational activity as grounds for camping including the parking of
tents, motor homes, travel trailers, or truck campers, and the erection of park model
trailers and mobile homes and may include administrative offices, a laundromat and a
private park which is licenced under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25. For the purposes of the definition of CAMPGROUND, seasonal shall
mean not year round.
2.36
CANNABIS PRODUCTION FACILITY means a premises for production of secondary
products, processing, testing, destroying, packaging, and/or shipping of cannabis
which is authorized by a license issued by and/or registration/registered by the Federal
Minister of Health, pursuant to the Cannabis Act (Canada) and its regulations, as
amended, or any successors thereto.
2.37
CANOPY means a permanent, unenclosed roof structure erected for the purpose of
sheltering motor vehicle fuel pumps and dispenser islands from the weather.
2.38
CARPORT means a building or structure with not more than 60% of the wall area
enclosed, used for the parking or storage of motor vehicles.
2.39
CAR WASH means the use of land, buildings, or structures, for the purpose of
washing motor vehicles.
2.40
CELLAR means that portion of a building between two floor levels which is partly or
wholly underground but which has more than one-half of its height from finished floor
to ceiling below adjacent finished ground surface or grade.
2.41
CEMETERY means the use of land, buildings, or structures, for the interment of the
dead, deceased or in which human bodies have been buried and may include a
crematorium, mausoleum and columbium.
2.42
CENTRELINE, STREET means the centreline of the original road allowance,
centreline of the street right-of-way or any widened road allowance.
2.43
CHIEF BUILDING OFFICIAL means the officer or employee of the Municipality
appointed by Council as the Chief Building Official charged with the duty of enforcing
the provisions of the Building Code Act, 1992, S.O. 1992, c.23.
2.44
CLINIC means a building, or part thereof, that is used by physicians, dentists or
physical or mental health practitioners and their staff for the purpose of consultation,
diagnosis and treatment of out patients and may include administrative offices, waiting
rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly
associated with the facility.
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2.45
CLUB, PRIVATE means a building, or portion thereof, designed, used, or intended for
use as a meeting place for the members of an organization, association, fraternal
order, or similar group, not operated for profit and wherein athletic facilities, dining
rooms, and beverage rooms may be provided. A private club does not include a body
rub parlour or adult entertainment parlour.
2.46
COMMUNITY CENTRE means a building, or portion thereof, used for community
activities, the control of which is vested in the Municipality, a local board, or trustees.
2.47
CONSERVATION AUTHORITY means the Conservation Authority having jurisdiction
or any successors thereto.
2.48
CONSULTANT IN AGRICULTURE means a professional agrologist or engineer with a
current accreditation and/or specialization in the assessment of soils, manure and
nutrient management or an individual who can provide documentary proof of recent
satisfactory completion of the Ministry of Agriculture and Food program with respect to
manure and nutrient management.
2.49
CONTRACTOR'S YARD or SHOP means the use of land, buildings, or structures, or
portion thereof, for the purpose of storing equipment, vehicles, or material, or for
performing shop work or assembly work by any building trade or other construction
contractor.
2.50
CONSERVATION means the use of a lot, building or structure for the purpose of
management of natural resources, fish and wildlife.
2.51
COUNCIL means the Municipal Council of The Municipality of Middlesex Centre.
2.52
COUNTY means The Corporation of the County of Middlesex.
2.53
DAY NURSERY means a premises that receives more than five children who are not
of common parentage, primarily for the purpose of providing temporary care or
guidance, or both temporary care and guidance, for a continuous period not exceeding
twenty-four hours, as otherwise defined under the Day Nurseries Act, R.S.O. 1990, c.
D.2.
2.54
DECK means an attached or freestanding platform or area not covered by a roof or
structure which is made of wood, concrete, or other similar material, and which is
accessed directly from grade, and which may also be accessed from the associated
building.
2.55
DENSITY means the ratio of the number of dwelling units located or proposed to be
located on a lot to one (1) hectare of lot area where the area to be measured shall
include all lands within the lot proposed to be used for buildings, structures, streets,
parking areas, landscaped open space or any other purpose.
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2.56
DOG KENNEL means the use of land, buildings, structures or enclosed space, or
portion thereof, but not a building used for human habitation, in which four (4) or more
dogs of at least four (4) months of age are kept, groomed, bred, boarded, trained or
sold.
2.57
DOG RUN means an area of land set aside as part of a dog kennel or for the purpose
of exercising dogs.
2.58
DRIVEWAY, PRIVATE means a private passageway for a motor vehicle, having at
least one end thereof connected to a road, and providing the principal means of
vehicular access to a lot.
2.59
DRIVEWAY, MUTUAL means an ingress or egress that is common to two (2) or more
owners of abutting lands as a right-of-way registered against the title of the lands.
2.60
DWELLING means a building, containing one or more dwelling units, used or intended
to be used for human habitation but does not include a travel trailer, camping trailer,
truck camper, bus camper, motor home, or tent.
2.61
DWELLING UNIT means a suite of one or more habitable rooms used or intended to
be used by one or more persons living together as one household, in which food
preparation and sanitary facilities are provided for the exclusive use of the household,
and to which an independent entrance is provided from outside the building or from a
common hallway, vestibule or stairway.
(a)
ADDITIONAL RESIDENTIAL UNIT means a self-contained dwelling unit that is
subordinate in scale to the principal dwelling
(b)
APARTMENT DWELLING UNIT shall mean dwelling units contained within an
Apartment Building.
(c)
BACHELOR UNIT shall mean a unit within an Apartment Building or Multiple Unit
Dwelling, or any other building type, wherein the living area includes the area for
sleeping arrangements and no separate bedroom is provided.
(d)
CONVERTED DWELLING means a dwelling originally designed as a single unit
dwelling which because of its size or design is or is capable of being converted
by partition and the addition of sanitary facilities and kitchen facilities into no
more than two dwelling units.
(e)
DUPLEX DWELLING means one of two dwelling units contained within a
building divided horizontally into two separate units, where each unit has an
independent entrance directly from the outside or through a common vestibule.
(f)
GROUPED HOUSING means two or more separate dwellings located on the
same lot and is not considered to be a street townhouse dwelling, semi-detached
dwelling, or another dwelling with an additional residential unit for the purpose of
this by-law
(g)
LINK DWELLING means one of two dwelling units attached vertically by a below
grade common wall, each of which has an independent entrance directly from the
outside.
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(h)
MULTIPLE UNIT DWELLING means a dwelling unit within a building divided into
two or more dwelling units, where each unit has an independent entrance directly
from the outside or through common vestibules, but excludes any other dwelling
as may be defined herein. A single detached dwelling, semi-detached dwelling, or
street townhouse dwelling with any number of additional residential units is not
considered a multiple unit dwelling.
(i)
PRINCIPAL DWELLING means a single detached dwelling, semi-detached
dwelling or street townhouse dwelling that serves as the principal residential use
on a lot in both scale and function
(j)
SEMI-DETACHED DWELLING means two dwelling units attached by a common
wall, each of which has an independent entrance directly from the outside.
(k)
SINGLE DETACHED DWELLING means a separate dwelling containing one
Principal Dwelling unit.
(l)
TOWNHOUSE DWELLING, means a dwelling that is divided vertically into three
or more dwelling units, each of which has a separate entrance at grade, and so
located on a lot that the individual units are not required to have legal frontage on
a public road.
(m) TOWNHOUSE DWELLING, STREET means a minimum of three dwelling units
attached by a common wall and each of which shall have frontage on a public
street and held in fee simple.
2.62
EFFECTIVE DATE means the date that this by-law shall be deemed to come into full
force and effect in accordance with the relevant Section of the Planning Act, R.S.O.
1990, c. P.13.
2.63
ERECT means to build, construct, reconstruct, or relocate, and without limiting the
foregoing, also includes:
(a)
any preliminary operation such as excavation, filling or draining;
(b)
the altering of any existing building or structure by an addition, enlargement,
extension or other structural change;
(c)
the moving of a building or structure from one location to another; and
(d)
any work requiring a Building Permit under the Building By-law and the Building
Code Act, 1992, S.O. 1992, c.23.
For the purposes of this By-law, ERECTED and ERECTION shall have corresponding
meanings.
2.64
EXISTING means legally existing at the date of the passing of this By-law.
2.65
FARM EQUIPMENT SALES AND SERVICE ESTABLISHMENT means the use of
land, buildings, or structures, or portions thereof, where farm vehicles and equipment
are stored for purposes of sale, lease, or hire and where such vehicles and equipment
are repaired or serviced for purposes of being maintained in an operable condition.
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2.66
FARM MICRO-BREWERY, CIDERY OR WINERY means premises used on a farm for
the making of beers, spirits, ciders and wines from grains, hops, crops, and/or fruit
grown primarily as part of the principal agricultural use and may include an accessory
tasting and hospitality area and commercial patio, and retail sales of the products
produced on-site.
2.67
FARM PRODUCE OUTLET means a use accessory to an agricultural use which
consists of the retail sale of agricultural products, raised, grown or processed by the
property owner or an agricultural operation conducted on the farm.
2.68
FARM WEDDING VENUE means a lot, building or structure, or part thereof in an
agricultural area used for weddings, bridal showers, or other parties/celebrations
associated with weddings, or civil unions.
2.69
FENCE means a wall (other than the wall of a building), gate or other barrier
constructed of wood, masonry, metal, or combination thereof.
2.70
FILL LINE means a line delineating that area of a watershed, which is subject to the
fill, construction and alteration to waterways regulations of the appropriate
Conservation Authority.
2.71
FLOOD, REGULATORY means the approved standard used to define the limit of the
flood plain for the regulatory purposes.
2.72
FLOOR, 100-YEAR means the flood based on analysis of precipitation, snow melt or a
combination thereof, having a return period of 100 years on average, or having a 1%
chance of occurring or being exceed in a given year.
2.73
FINANCIAL INSTITUTION means a building where money is deposited, withdrawn,
kept, loaned, invested, and/or exchanged and, without limiting the generality of the
foregoing, includes a bank, trust company, credit union or an investment or brokerage
firm.
2.74
FINISHED GRADE, when used in reference to a building or structure, means the
average elevation of the finished surface of the ground immediately adjoining the base
of the exterior walls or supports of such building or structure, exclusive of any artificial
embankment.
2.75
FLEA MARKET means a lot, building or structure on or within which goods and/or
services are offered to the public for sale by different vendors from individual stalls or
stands.
2.76
FLOOR AREA means the sum of the area of all floors of a building measured from the
outside of all exterior walls exclusive of any attic, basement, cellar, garage, veranda,
porch or sunroom unless such enclosed porch or sunroom is an integral part of the
building and habitable in all seasons, and excluding any floor area with a ceiling height
of less than two (2.0) metres.
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2.77
FLOOR AREA, GROSS means the total sum of the horizontal areas of a building or
structure measured from the exterior faces of the exterior wall or from the centreline of
any common or partition wall but shall not include the horizontal area of any cellar,
attic, enclosed parking area, enclosed loading space, or any unenclosed porch,
veranda, balcony or similar structure.
2.78
FLOOR AREA, GROUND means the sum of the area of the first floor of a building
above grade, measured from the outside of all exterior walls exclusive of any enclosed
parking area, carport porch, veranda or sunroom (unless such sunroom is habitable all
seasons of the year).
2.79
FORESTRY USE means the general raising and harvesting of wood and, without
limiting the generality of the foregoing, shall include the raising and cutting of fuel
wood, pulp wood, lumber, Christmas trees, and other forest products.
2.80
FUEL DEPOT means a lot where bulk storage of fuel, including petroleum products
and propane takes place, and where wholesaling and retailing of these products may
be carried on.
2.81
FUNERAL ESTABLISHMENT is a business licensed under the Bereavement Authority
of Ontario that offers planning for funeral services and supplies, but does not permit a
licensed undertaker who prepares corpses for interment or cremation, a crematorium
or a funeral home or visitation services typically associated with funeral services
2.82
FUNERAL HOME means a building or structure, or part thereof, wherein a licensed
undertaker prepares corpses for interment or cremation and may include a chapel for
funeral services as an accessory use but excludes a crematorium.
2.83
GARAGE, PRIVATE means a building or portion of a building or structure having a
maximum door opening of 3.5 metres (11.5 feet) in height and designed for the storage
of private motor vehicles and the storage of household equipment incidental to
residential occupancy on-site, wherein no service for profit is rendered.
2.84
GARAGE, PUBLIC means a building or structure, other than a private garage, where
motor vehicles are kept or stored for remuneration or repair, including the complete
repair to motor vehicle bodies, frames or motors, and the painting, upholstering,
washing, and cleaning of such vehicles, and may include a motor vehicle service
establishment.
2.85
GARDEN CENTRE means the use of lands, buildings, or part thereof, for the purpose
of buying, selling or growing plants, trees and shrubs, lawn and garden equipment,
furnishings and supplies that are generally associated with domestic landscaping
activities of homeowners.
2.86
GARDEN SUITE means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable and temporary.
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2.87
GAS BAR means the use of land, buildings, or structures for the sale of gasoline,
propane, oil and allied products for motor vehicles and the introduction of such liquids
into motor vehicles and may include the sale of sundry items but does not include
provisions for motor vehicle repairs, oil changes, lubrications, or similar mechanical
services and does not include a motor vehicle service establishment or a public
garage.
2.88
GOLF COURSE means the use of land for the purpose of playing golf and without
limiting the generality of the foregoing includes a driving range, a miniature golf course
or combination thereof.
2.89
GRADE means:
(a)
when used with reference to a building or structure, the average finished ground
elevation immediately adjoining the wall or walls in question;
(b)
when used with reference to a road, the finished elevation of such road as
established by the Municipality or other authority having jurisdiction.
2.90
GRAIN HANDLING FACILITY means the use of land, buildings, or structures, or
portions thereof, for the drying, cleaning, handling, or storing of grain, corn and similar
crops, or combination thereof.
2.91
GROUND-MOUNTED SOLAR FACILITY means premises which provides for the
collection, storage, and distribution of solar energy for space heating or cooling,
electrical generation, or water heating, where the facility is mounted on the ground,
and not roof-mounted.
2.92
GROUP HOME means a facility designed, used, or intended for the accommodation of
persons including staff, living under supervision, who by reason of their emotional,
mental, social, or physical condition require a group living arrangement for their well-
being.
2.93
ha means hectares.
2.94
HAZARD LANDS means lands that, because of their physical characteristics in
combination with their location, pose a risk for the loss of life, property damage, and/or
social disruption, if developed.
2.95
HEIGHT means, when used in reference to a building or structure, means the vertical
distance between the grade at the front of such building or structure to the highest
point thereon.
2.96
HEREAFTER means after the date of the passing of this By-law.
2.97
HOME INDUSTRY means a use ancillary to a residential use that is operated for gain
or profit that may include uses such as a carpentry shop, machine shop, welding shop,
repair shop for appliances and vehicles, electrical, plumbing and building contractor
shops, but shall not include heavy equipment rental, sales and service.
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2.98
HOME OCCUPATION means an occupation secondary to a residential use, conducted
for a profit or gain and located entirely within the dwelling unit, by a resident of the
dwelling unit plus not more than one (1) assistant, at any given time, who may not be a
resident of the said dwelling unit, but does not include or permit the following: a clinic,
a retail store, a service shop, a restaurant, a bed and breakfast establishment, a
funeral home, a dance school, a workshop, a storage yard, a parking area or site for
any of the building or construction trades.
2.99
HOTEL means a building or structure providing accommodation for the travelling
public, with or without accessory food, beverage or other services with each suite
having access from the interior of the building which may also be accessible from the
outside.
2.100
HOUSEHOLD SALES/GARAGE SALES means the sale by the occupant of a
dwelling, their own premises, of household goods belonging to the occupant.
2.101
INDUSTRY, DRY means a general or light industrial use which does not include or
require the direct consumption of water and where the only waste water discharges
are from auxiliary facilities such as washrooms, the indirect cooling of machinery
and/or pressure testing equipment.
2.102
INDUSTRIAL USE, GENERAL means the use of land, buildings or structures or
portions thereof, designed, used or intended for the purpose of manufacturing,
assembling, preparing, inspecting, ornamenting, finishing, treating, altering, repairing,
warehousing, or storing or adapting for sale of any goods, substance article or thing,
including the storage of construction equipment and materials.
2.103
INDUSTRIAL USE, LIGHT means the use of land, buildings, or structures, or portions
thereof, designed, used or intended for the purpose of manufacturing, assembling, or
processing of component parts to produce finished products suitable for retail,
wholesale or service trade and including repairing; servicing; distributing; warehousing;
storing or adapting for sale any goods, substance, article or thing but excluding any
operation which creates a nuisance as a result of the emission of any noise or air
pollution that can be heard, smelled or otherwise detected outside of the building or
structure in which the operation is conducted.
2.104
INSTITUTIONAL USE means the use of land, buildings, structures or portions thereof,
for public or social purposes, but not for commercial purposes, and, without limiting the
generality of the foregoing, may include governmental, religious, educational,
charitable, philanthropic, hospitals, public or private schools and nursery schools, and
excludes a group home as defined.
2.105
LABORATORY means a building or part thereof, used for scientific, medical and/or
dental testing, experimentation and/or research.
2.106
LANDING STRIP means the strip of ground used or capable of being used for the
landing and take-off of aircraft.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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2.107
LANDSCAPED OPEN SPACE means a lot, or part thereof, which is used for the
growth and maintenance of grass, shrubs, flowers, trees and similar types of
vegetation and may include surfaced walkways, patios, fences and similar
appurtenances.
2.108
LIFESTYLE COMMUNITY shall mean the use of land, buildings or structures
designed, used, or intended for residential purposes, including the locating, keeping or
maintaining of any cabin, mobile home, modular home, and is suitable for year-round
occupancy, and where common areas and facilities may be provided including a retail
store, laundromat and recreation facilities for on-site residents, including an
administration building.
2.109
LIVESTOCK means farm animals kept as pets or for use for propagation or intended
for profit, and includes, but is not limited to the following: dairy and beef cattle, horses,
swine, sheep, laying hens, chicken and turkey broilers, turkeys, geese, goats, ducks,
mink, deer, elk and rabbits.
2.110
LIVESTOCK BARN means a building used or capable of being used for the housing,
feeding or keeping of livestock.
2.111
LIVESTOCK MANURE means livestock feces and urine and may include bedding
material and water.
2.112
LIVESTOCK MANURE, LIQUID means livestock manure, which has dry matter
content not exceeding 12 percent by weight.
2.113
LIVESTOCK MANURE, SEMI SOLID means livestock manure, which has dry matter
content greater than 12 percent by weight but less than 30 percent by weight.
2.114
LIVESTOCK MANURE, SOLID means livestock manure, which has dry matter content
ranging from 30 to 100 percent by weight.
2.115
LOADING SPACE means a lot, or part thereof, which is provided for the temporary
parking of one vehicle for the loading or unloading of merchandise, materials or
persons.
2.116
LOT means a parcel or tract of land which:
(a)
Is the whole of a lot on a registered plan of subdivision, so long as such
registered plan is not deemed, pursuant to the Planning Act, not to be a
registered plan of subdivision; or
(b)
Is all of the land held or owned under distinct and separate ownership from the
ownership of the fee or equity of redemption in abutting land; or
(c)
The description of which is the same as in a Deed or Transfer which has been
given consent pursuant to the Planning Act; or
(d)
Is the whole remnant remaining to an owner or owners after a conveyance made
with consent pursuant to the Planning Act; or
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(e)
Is a vacant land condominium unit on a registered vacant land condominium
plan; and
For the purposes of this definition, no parcel or tract of land ceases to be a lot by
reason only of the fact that a part or parts of it has or had been conveyed to or
acquired by the Municipality, His Majesty in Right of Ontario, or His Majesty in Right of
Canada.
2.117
LOT AREA means the total horizontal area within the lot lines of a lot, except in the
case of a corner lot having street lines rounding at the corner, where the lot area of
such lot shall be calculated as if the lot lines were projected to the intersection.
2.118
LOT, CORNER means:
(a)
a lot situated at the intersection of two or more streets or a lot abutting on one or
more parts of the same street where such intersections have an angle of
intersection of 175 degrees or less;
(b)
a lot located on the curve of a street where the angle of intersection of the
projected tangents of the street line does not exceed 175 degrees.
2.119
LOT COVERAGE means the percentage of the area of any lot upon which buildings or
structures are erected or permitted to be erected, measured at grade level including all
porches and verandas, steps, cornices, eaves, bay windows, and chimneys but shall
not include decks.
2.120
LOT DEPTH means the horizontal distance between the front and rear lot lines. Where
the front and rear lot lines are not parallel, the lot depth means the length of a straight
line joining the mid-points of the front lot line and the rear lot lines. Where there is no
rear lot line, lot depth means the length of a straight line joining the middle of the front
lot line with the apex of the triangle formed by the side lot lines.
2.121
LOT FRONTAGE means the horizontal distance between the side lot lines or the
extension thereof of a lot measured at right angles, but where such lot lines are not
parallel, the lot frontage shall be measured perpendicularly to the line joining the
centre of the front and the centre of the rear lot lines at a point 6.0 metres (19.7 ft)
back from the front lot line, and where such lot lines meet, the lot frontage shall be
measured perpendicularly to the line joining the apex of the triangle formed by the side
lot lines at a point 6.0 metres (19.7 ft) back from the front lot line.
2.122
LOT INTERIOR means a lot other than a corner lot.
2.123
LOT LINE means any boundary of a lot.
2.124
LOT LINE, FRONT means the lot line that abuts the street, but:
(a)
in the case of a corner lot or through lot, the shorter lot line that abuts a street
shall be deemed to be the front lot line and the longer lot line that abuts a street
shall be deemed the side lot line or the rear lot line, as the case may be; but
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(b)
in the case of a corner lot or through lot with two lot lines of equal length abutting
streets the lot line that abuts the wider street shall be deemed to be the front lot
line, but where the streets are of equal width, the lot line which abuts a County
Road or Provincial Highway shall be deemed to be the front lot line, and in the
case of both streets being under the same jurisdiction and of the same width, the
owner of such lot may designate which street line shall be the front lot line;
(c)
where lot frontage on an arterial road is required by the By-Law, the lot line that
abuts the arterial road shall be interpreted as being the front lot line regardless of
whether it is the longer lot line.
2.125
LOT LINE, REAR means the lot line farthest from or opposite to the front lot line. In
the case of a triangular lot, the rear lot line shall be deemed to be the apex of the side
lot lines.
2.126
LOT LINE, SIDE means a lot line which is neither a front lot line nor a rear lot line.
2.127
LOT LINE, EXTERIOR SIDE means a side lot line abutting a street line.
2.128
LOT LINE, INTERIOR SIDE means a side lot line abutting a lot line.
2.129
LOT, THROUGH means a lot bounded on two opposite ends by streets.
2.130
m², means square metres.
2.131
MACHINE SHOP means a building or portion thereof where equipment and machinery
and/or engines are serviced or repaired.
2.132
MAIN BUILDING means the building on a lot or part thereof designed, used, or
intended for the permitted and principal use of the lot or part thereof.
2.133
MAIN WALL means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
2.134
MANSE means a building used as a dwelling unit for an employee of a place of
worship.
2.135
MANURE PIT means a containment system, with or without a roof or covering
enclosing the surface area of the container, used for the storage of livestock manure,
whether it be liquid livestock manure, solid livestock manure, or livestock manure that
is neither liquid livestock manure nor solid livestock manure.
2.136
MARKET GARDEN means the use of land, buildings or structures or part thereof for
the purpose of selling fruit and vegetables to the general public.
2.137
MICRO-BREWERY means a building or part thereof used for the small-scale
production of beverages, and which may also include an accessory tasting and
hospitality area, and retail sales of the products produced on-site
Municipality of Middlesex Centre - Comprehensive Zoning By-law
23
2.138
MINIMUM DISTANCE SEPERATION (MDS I & MDS II) means formulae used for the
purposes of determining, in the case of MDS I, the minimum distance required for the
establishment of non-agricultural uses in proximity to livestock buildings or structures
located on a separate lot, and in the case of MDS II, the minimum distance required for
the establishment or the expansion of livestock buildings or structures in proximity to
non-agricultural uses located on a separate lot.
2.139
MOBILE HOME means a building or structure that is designed, constructed or
fabricated so as to be made mobile and transported after construction or fabrication,
either on its own wheels, on a flatbed, in or on other trailers or on detachable wheels,
and so as to provide occupancy as a single unit permanent residence or a dwelling
unit for one or more persons except to the extent of minor and incidental unpacking
and assembling operations, placement on a stand, or connection to utilities. A mobile
home does not include a bus camper, truck camper, travel trailer, tent trailer, trailer
otherwise designed as a recreational vehicle, or any single unit dwellings constructed
in parts, designed to be transported to a lot and where they are joined as integral parts
and placed on a permanent foundation, cellar, or basement.
2.140
MOTEL means an establishment providing accommodation for the travelling public,
with or without food, beverage or other services. Each suite shall have access from the
exterior only.
2.141
MOTOR VEHICLE means a wheeled self-propelled vehicle for the transportation of
passengers and goods and including, but not restricted to an automobile, a truck, bus,
ambulance, hearse, and tractors.
2.142
MOTOR VEHICLE, COMMERCIAL means a vehicle licensed by the Province of
Ontario:
(a)
as a public vehicle pursuant to the provisions of the Public Vehicles Act, R.S.O.
1990, c. P.54; or
(b)
as a public commercial vehicle pursuant to the provisions of the Public
Commercial Vehicles Act.
2.143
MOTOR VEHICLE, DERELICT means a motor vehicle that is without a valid license
plate, or is inoperable, or has no market value as a means of transportation, or is
visually offensive by reason of excessive rust, dirt, paint finish, or substandard physical
damage.
2.144
MOTOR VEHICLE, RECREATIONAL means a vehicle designed to be used as
temporary accommodation for travel, vacation or recreational use, including, but not
restricted to motorhomes, trailers and truck campers, but shall not include a mobile
home as defined in this By-law.
2.145
MOTOR VEHICLE SALES ESTABLISHMENT means the use of land, buildings or
structures where motor vehicles are kept for sale, and where motor vehicles may be
oiled, greased or where repairs essential to the operation of motor vehicles are
performed.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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2.146
MOTOR VEHICLE SERVICE ESTABLISHMENT means the use of land, buildings or
structures where gasoline, propane, oil, grease, antifreeze, tires, spark plugs, batteries
and other accessories for motor vehicles are stored or kept for sale, or where motor
vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated
or batteries charged or where only minor or running repairs essential to the actual
operation of motor vehicles are executed or performed.
2.147
MOTOR VEHICLE WRECKING YARD means the use of land, buildings, or structures,
where derelict motor vehicles are stored wholly or partly in the open, kept for sale
and/or processed for further use.
2.148
MUNICIPAL DRAIN means a drainage works as defined by the Drainage Act, R.S.O.
1990, c. D.17.
2.149
MUNICIPALITY means the Municipality of Middlesex Centre.
2.150
MUSEUM means a premises for the preservation of a collection of any combination of
paintings, other works of art, objects of natural history, mechanical, scientific or
philosophical inventions, instruments, models or designs.
2.151
NON-CONFORMING means a use, building, structure or any part thereof which does
not conform or comply with the permitted uses of this By-law as of the date of the
passing thereof, or thereafter.
2.152
NON-COMPLYING means that which does not conform, comply or agree with the
regulations of this by-law as of the date of passing thereof, or thereafter.
2.153
NON-RESIDENTIAL when used with reference to a building, structure or use, means
designed, intended, or used for purposes other than those of a dwelling unit or
activities associated with a residential use.
2.154
NOXIOUS USE means a health hazard or offensive trade within the meaning of the
Health Protection and Promotion Act, R.S.O. 1990, c. H.7, or any use, business or
trade which is offensive or dangerous by reason of the emission of odour, smoke, dust,
noise, gas, fumes, vibration or refuse matter.
2.155
NURSERY means the use of land, buildings, or structures, or portions thereof, where
trees, shrubs, or plants are grown for the purposes of transplanting, for use as stocks
for building or grafting, or for the purpose of retail or wholesale trade.
2.156
NURSING HOME means a building in which the proprietor supplies lodging for the
elderly, and, in addition, provides nursing, medical or similar care and treatment, if
required, and may include a convalescent home or rest home.
2.157
NUTRIENT MANAGEMENT BY-LAW means a nutrient management by-law adopted
by the Municipality in accordance with the Municipal Act, 2001, S.O. 2001, c.25.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
25
2.158
NUTRIENT MANAGEMENT PLAN means a report prepared by a consultant in
agriculture that evaluates existing manure handling systems and specifies the
requirements for, amongst other matters, the appropriate application of nutrients
(manure) and other management techniques to ensure the environmentally safe
application of manure.
2.159
OCCUPANCY means to reside in as owner or tenant on a permanent or temporary
basis.
2.160
OFFICE, GENERAL means a building, or portion thereof, in which one or more
persons are employed in the management, direction or conducting of an agency,
business, labour, or fraternal organization but excluding such uses as retail sales,
manufacturing, assembly or storage of goods, or places of assembly and amusement
but excludes any use as elsewhere defined in or permitted in this By- law.
2.161
OFFICE, PROFESSIONAL means an office used by professionally qualified persons
for the purposes of giving advice, consultation or treatment to clients or patients but
excludes any use as elsewhere defined in or permitted in this By- law.
2.162
OPEN STORAGE means the storage of goods, materials or equipment in the open air
on a lot or portion thereof.
2.163
ON-FARM DIVERSIFIED USE means a type of use that is secondary to a principal
agricultural use on the same lot and is limited in area and may include but are not
limited to agri-tourism uses; bed and breakfast establishments; farm micro-brewery,
cidery or winery; farm produce outlet; home industry; ground-mounted solar facility; on-
farm shop or café; studio; or value-added agricultural uses. An on-farm diversified use
shall not include large-scale recurring events, institutional uses, and large-scale
recreational facilities.
2.164
ON-FARM SHOP OR CAFÉ means a small-scale café or shop that is an on-farm
diversified use and may include the sale of antiques and a tack shop, that is accessory
to the permitted agricultural uses on the lot and shall primarily include the sale of
value-added products produced by the farm.
2.165
OWNER means the person who holds legal title to a lot.
2.166
PARKING AISLE means a portion of a parking area which abuts, on one or more
sides, parking spaces to which it provides access, and which is not used for the
parking of vehicles.
2.167
PARKING LOT means an area provided for the temporary parking of two or more
vehicles and may include aisles, parking spaces and related entrance and exit lanes,
but shall not include any part of the street.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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2.168
PARKING SPACE means an area, enclosed in a main building, in an accessory
building, or unenclosed, exclusive of aisles or entrance and exit lanes, accessible to a
street or lane, and set aside for the purpose of the temporary parking or storage of a
motor vehicle.
2.169
PARKING SPACE, DESIGNATED ELECTRIC VEHICLE means a parking space
designed and constructed to be electric vehicle ready, allowing for the future
installation of electronic vehicle supply equipment that conforms to Section 86 of the
Electrical Safety Code, as amended.
2.170
PARKING SPACE, VISITOR means a parking space designated and intended for the
exclusive use of visitors to a dwelling.
2.171
PARK MODEL TRAILER means a manufactured building to which Section 9.39 of the
Building Code applies, which has been designed and constructed in conformance with
CAN/CSA-Z241 Series, "Park Model Trailers", and which is used or intended to be
used as a seasonal recreational building of residential occupancy.
2.172
PARK, PRIVATE means a park not open to the public and may be operated for
commercial gain.
2.173
PARK, PUBLIC means a lot, or portion thereof, maintained or owned by the
Municipality or a public authority for the enjoyment, health and well-being of the public
and normally open to the public, and may include a conservation area.
2.174
PERMITTED means permitted by this By-law.
2.175
PERSON means an individual, an association, a firm, a partnership, an incorporated
company, municipal corporation, agent or trustee and their heirs, executors, or other
legal representatives of a person to whom the context of this By-law applies according
to the law.
2.176
PERSONAL SERVICE ESTABLISHMENT means a building or part thereof in which
persons are employed in furnishing services or otherwise and administering to
individual and personal needs and may include the premises of a barber, hairdresser,
beautician, and shoe repair establishment but shall not include an adult entertainment
establishment, a body-rub establishment or a massage parlour. The sale of
merchandise shall be permitted only as an accessory use to the personal service
provided.
2.177
PHARMACY means a retail store which dispenses prescription drugs and which sells,
among other things, non-prescription medicines, health and beauty products, and
associated sundry items.
2.178
PIT means a place 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 materials for construction, industrial or manufacturing purposes, but excludes a
wayside pit.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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2.179
PIT, WAYSIDE means a temporary pit or quarry opened and used by a public road
authority, its agents or contractors, on the basis of a permit issued pursuant to the
Aggregate Resources Act, R.S.O. 1990, c. A.8, solely for the purpose of a particular
project or road construction contract and not located on the road right- of-way.
2.180
PLACE OF ENTERTAINMENT means a lot, building or structure, or part thereof,
where facilities are provided for entertainment or cultural activities and may include an
auditorium, a motion picture or other theatre, billiard or pool room, bingo hall, bowling
alley, amusement arcade, music hall or dance hall but shall not include an adult
entertainment establishment or a body rub establishment or massage parlour.
2.181
PLACE OF RECREATION means a lot, building or structure, or part thereof where
facilities are provided for recreation and may include an arena, gymnasium, fitness
centre, ice or roller skating rink or curling rink but shall not include an adult
entertainment establishment or a body rub establishment or massage parlour.
2.182
PLACE OF WORSHIP means a lot, building or structure, or part thereof, used for a
church, synagogue, mosque, temple, or other public worship and may include a
cemetery and an accessory dwelling unit.
2.183
PLANTING STRIP means an area of landscaped open space located immediately
adjacent to a lot line, or portion thereof, which is used to achieve buffering between
uses, or to enhance the appearance of a site, or arranged in such a way as to form a
dense or opaque screen at the property boundary. The planting strip may contain one
or more of the following:
(a)
a continuous row of trees;
(b)
a continuous hedgerow of evergreens or shrubs;
(c)
a continuous solid fence or wall;
(d)
a discontinuous, solid fence or wall, together with associated shrubs or tree
planting.
2.184
PORCH means a roofed open gallery, or portico attached to the exterior of a building.
2.185
PORTABLE ASPHALT PLANT means a temporary structure designed, used or
intended to be used for the heating and drying of aggregate and the mixing of
aggregate with bituminous asphalt to produce paving material by a public road
authority, its agents or contractors solely for the purpose of a particular project or road
construction contract, and may include the stockpiling and storage of bulk materials
used in the process.
2.186
PUBLIC AUTHORITY means:
(a)
the Municipality or the County;
(b)
any Department or Ministry of the Government of Canada or the Province of
Ontario;
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(c)
any agency, board, commission, committee or other body 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 the Municipality or a portion
thereof, and includes any committee or local authority established by By-law of
the Council of the Municipality.
2.187
PUBLIC USE when used in reference to a building, structure, use or lot, means a
building, structure, use or lot used by a public authority to provide a service to the
public, which includes:
(a)
the Government of Canada, the Government of Ontario, or a municipal
corporation defined by this By-Law;
(b)
any ministry, department, commission, authority, board or agency established by
the Government of Canada or the Government of Ontario;
(c)
any person providing a public utility; or
(d)
any railway company authorized by the Government of Canada.
2.188
PUBLIC UTILITY means any cable, stormwater, water, wastewater, supply, system,
management facility or pipeline, artificial or natural gas supply or pipeline, electrical
power or energy transmission line, steam or hot water, telephone, telegraph, and
telecommunication networks, towers, a public transportation system, licensed
broadcasting receiving and transmitting facilities and includes other similar works,
structures, buildings and appurtenances necessarily incidental to the supplying of such
services by a board, company, commission, corporation or public authority.
2.189
PUBLIC SANITARY SEWAGE SYSTEM means a system of underground piping and
related storage, pumping, and treatment facilities for the treatment and collection of
sanitary waste, operated by a public authority for public use, and to which a lot has
access to make connection thereto.
2.190
PUBLIC WATER SUPPLY SYSTEM means a system of underground piping and
related storage, pumping, and treatment facilities for the treatment and distribution of
potable water, operated by a public authority for public use, and to which a lot has
access to make connection thereto.
2.191
QUARRY means a place where consolidated rock has been or is being removed by
means of an open excavation to supply materials for construction, industrial or
manufacturing purposes, but excludes a wayside quarry or open pit metal mine.
2.192
RECYCLING FACILITY means a facility, operating by valid license from the
Municipality and a Certificate of Approval by the appropriate Provincial or other public
approval agency, where the use of scrap material, generally being metal cans, glass
bottles, plastic containers, fabrics and domestic yard waste are separated into
recoverable resources for reuse.
2.193
REQUIRED means the minimum standard required by this by-law.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
29
2.194
RESIDENTIAL USE means the use of land, buildings or structures primarily for the
purposes associated with a dwelling unit.
2.195
RESTAURANT means a building, or part thereof, designed, used or intended for the
serving of food or refreshments to the general public where the serving and
consumption of food or refreshment takes place entirely within such building and may
include a licensed dining lounge or temporary outside tables immediately adjacent to
such building.
2.196
RESTAURANT, DRIVE-THRU means a building, or part thereof, designed, used or
intended for the sale of food or refreshments to the general public and from which such
food or refreshment is made available to the customer while in their motor vehicle or
from within the building, and where provision is made for consumption of such food or
refreshment by the customer while in their motor vehicle, within the building or
elsewhere on the site.
2.197
RESTAURANT, TAKE-OUT means a building, or part thereof, designed, used or
intended for the sale of food or refreshments to the general public and from which such
food or refreshment is made available to the customer from within the building, where
no provision is made for consumption of such food or refreshment by the customer
while in their motor vehicle, within the building or elsewhere on the site.
2.198
RETIREMENT HOME means a building for the accommodation of senior citizens,
within single or double rooms or suites which do not contain kitchens, and where
central kitchen, dining and laundry facilities are provided for the residents, together
with other communal facilities, under the supervision of resident and other staff, but
which shall not include a Nursing Home, as defined under the Nursing Homes Act,
R.S.O. 1990, c. N.7.
2.199
RIDING SCHOOL means the use of land, buildings, or structures for the purpose of
riding, training, showing, and boarding of horses and where persons are given
instructions in the riding of horses and other aspects of horsemanship.
2.200
SALVAGE YARD means the use of land, buildings, or structures where merchandise,
articles and goods or things are stored wholly or partly in the open, kept for sale and/or
processed for further use and, without limiting the generality of the foregoing, may
include a junk yard, a scrap metal yard, and a motor vehicle wrecking yard.
2.201
SAWMILL means the use of land, buildings, or structures, or portions thereof
designed, used, or intended for the sawing, planing, sanding, and finishing of wood
and wood products.
2.202
SCHOOL, PUBLIC OR PRIVATE means a building or portion thereof designed, used,
or intended for use as an educational or training establishment, which may or may not
be under the jurisdiction of a board as defined in the Education Act, R.S.O. 1990, c,
E.2.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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2.203
SELF STORAGE ESTABLISHMENT means a building or buildings consisting of
individual storage units accessible by the user, used for the storage of goods, wares,
merchandise, substances, articles or things, but does not include a fuel storage tank
except as an accessory use.
2.204
SENSITIVE LAND USE means buildings or outdoor spaces where routine or normal
activities occurring at reasonably expected times would be subjected to one or more
adverse effects from contaminant discharges, fumes, odours, vibrations, noise, or air
pollutants generated by a nearby facility. Sensitive land uses may be part of the natural
or built environmental and may include but are not limited to residences, childcare
centres, day nurseries, places of worship, education and health facilities, community
uses, parks and playgrounds.
2.205
SERVICE SHOP means any building or part thereof where appliances and household
machinery are sold, serviced, or repaired and includes the business premises of a
tradesman such as a carpenter, an electrician, a plumber and similar trades but
excludes any manufacturing, processing or wholesaling.
2.206
SETBACK means the horizontal distance from the centre line of a road allowance,
measured at right angles to such centre line, to the nearest part of any building or
structure on a lot.
2.207
SIGHT VISIBILITY TRIANGLE means a triangular area formed by the intersecting
streetlines abutting a corner lot and by a third line drawn from a point on one of the
streetlines to a point on the other streetline.
2.208
SIGN means a name, identification, description, device, display, or illustration which is
affixed to, or represented directly or indirectly upon a building, structure or lot and
which directs attention to an object, product, place, activity, person, institution,
organization or business.
2.209
STORE, CONVENIENCE means a retail store within which is conducted the selling of
groceries, cigarettes, tobacco, confectionery goods, sundry items, and other general
merchandise.
2.210
STORE, RETAIL means a building or part thereof, designed, used, or intended for the
selling or buying of goods, wares, merchandise, articles, or things at retail or the
providing of a service primarily to or from the general public, and uses accessory
thereto.
2.211
STOREY means a horizontal division of a building from a floor to the ceiling directly
above such floor, and includes an attic, a basement or a cellar as defined herein, but
does not include any mezzanine, gallery, balcony or other overhang the floor area of
which does not exceed 40.0 percent of the least dimension of the room in which the
said overhang is located.
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2.212
STREET means a common and public street, road, lane, or highway vested in the
Municipality, the County, the Province of Ontario, or any other public road authority
having jurisdiction over the same and shall include any bridge or structure forming part
of a street or over or across which a street passes, and shall include not only the
travelled portion of the street, but also ditches, driveways, sidewalks, and grassed
areas forming part of the road allowance which is vested in the road authority for street
purposes:
(a)
PROVINCIAL HIGHWAY means a street under the jurisdiction of the Province of
Ontario;
(b)
COUNTY ROAD means a street under the jurisdiction of the County;
(c)
MUNICIPAL ROAD means a street under the jurisdiction of the Municipality.
Notwithstanding the foregoing in the case of reference to a registered vacant land
condominium unit, a street shall include a private common element road which is
internal to the registered vacant land condominium plan in which the unit is located
2.213
STREET LINE means the limit of a road allowance and is the dividing line between a
lot and a street.
2.214
STUDIO means a building or part thereof used as the workplace of a photographer,
craftsman or artist or for the instruction of art, music, dancing, l languages or similar
disciplines. The sale of any artifacts produced therein shall be permitted only as an
accessory use.
2.215
STRUCTURE means any material, object, or work erected as a unit or constructed or
put together of connected or dependent parts or elements whether located under, on,
or above the surface of the ground, but does not include a sign or a fence.
2.216
SWIMMING POOL means a body of water located outdoors, contained by artificial
means, and having a depth greater than 0.5 metres (1.6 ft) at any point, and used and
maintained for the purpose of swimming, wading, diving or bathing, but shall not
include a farm pond or irrigation pond.
2.217
TAVERN means an establishment operating under the Liquor Licence Act R.S.O.
1990, c. L.19, where alcoholic beverages are sold to be consumed on the premises.
2.218
TEMPORARY USE means a use that is authorized under provisions of the Planning
Act, R.S.O. 1990, c. P.13.
2.219
TOP-OF-BANK means a line delineated at a point where the oblique plane of the
slope meets the horizontal plane of the table land.
2.220
TOURIST INFORMATION CENTRE means premises used for the dispensing of
promotional information, including virtual information kiosks, or the providing of
information to the travelling public.
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2.221
TRUCK TERMINAL means the use of land, buildings, or structures, or portions
thereof, where transports are stored, rented, leased, kept for hire, or parked for
remuneration or from which trucks or transports are dispatched as common carriers, or
where goods are stored temporarily for further shipment.
2.222
USE means when used as a noun, the purpose for which any land, building or
structure is designed, used, or intended to be used, or lot that is occupied used or
maintained. When used as a verb, USE means anything done or permitted to be done
by the owner or occupant of any land, building or structure, directly or indirectly, or by
or through any trustee, tenant, servant, or agent acting for or with the knowledge or
consent of such owner or occupant, for the purpose of making use of the said land,
building or structure.
2.223
UTILITY STATION means the use of land, buildings, or structures in connection with
the supply and distribution of utilities and, without limiting the generality of the
foregoing, may include a water or sewage pumping station, a water storage reservoir,
an electric power transformer station, a telephone repeater station, and a microwave
tower.
2.224
WAR GAMES means the use of land, buildings, or structures for any form of play,
sport or amusement, which simulates war, armed conflict or military operations.
2.225
WAREHOUSE means a building or portion thereof designed, used, or intended for the
storage of goods, wares, merchandise, articles, or things. A warehouse shall also
include a self-storage establishment.
2.226
WASTE means ashes, foundry wastes and/or flue dust, garbage, refuse, domestic
waste, industrial waste, and municipal refuse of any kind.
2.227
WASTE DISPOSAL SITE means any land or land covered by water, licensed under
the provisions of the Environmental Protection Act, as amended or revised from time to
time, upon, into, or through which, or building or structure in which, non-hazardous
waste is deposited or processed, and any machinery and equipment or operation
required for the treatment or disposal of waste.
2.228
WATERCOURSE means a natural channel for a stream of water, but does not include
a municipal drain as defined under the provisions of the Drainage Act, R.S.O. 1990, c.
D.17.
2.229
YARD means an open, structurally uncovered space on a lot, appurtenant to a building
or structure, and unoccupied by buildings or structures from the ground to the sky,
except as may be expressly permitted in this by-law, and in determining a yard
measurement, the minimum horizontal distance from the respective lot line is to be
used.
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2.230
YARD, FRONT means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest main wall of any main building or structure on
the lot. FRONT YARD SETBACK means the least horizontal dimension between the
front lot line of the lot and the nearest main wall of any main building or structure on
the lot.
2.231
YARD, REAR means a yard extending across the full width of the lot between the rear
lot line of the lot and the nearest main wall of any main building or structure on the lot.
REAR YARD SETBACK means the least horizontal dimension between the rear lot
line of the lot and the nearest main wall of any main building or structure on the lot.
2.232
YARD, SIDE means a yard extending from the front yard to the rear yard and from the
side lot line of the lot to the nearest main wall of any main building or structure on the
lot. SIDE YARD SETBACK means the least horizontal dimension between the side lot
line of the lot and the nearest main wall of any main building or structure on the lot.
2.233
YARD, EXTERIOR SIDE means a side yard immediately adjacent or adjoining to a
street or a road.
2.234
YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
2.235
ZONE means an area delineated on the zoning maps, established by this By-law for a
specific use or range of uses as shown on Schedule A attached hereto.
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3.0
ZONES AND ZONING MAP
3.1
ESTABLISHMENT OF ZONES
For the purposes of this By-law, the maps attached hereto as Schedule A, Maps U-1 to
U-12 inclusive which represent the Urban Areas; and, Schedule A, Maps 1 to 102
inclusive which represent the Rural Areas; shall be referred to as the Zoning Maps for
the Municipality of Middlesex Centre, which shall be divided into one or more of the
following zones:
ZONE CATEGORY
SYMBOL
AGRICULTURAL
General Agricultural
A1
Agricultural - No Residences
A3
RESIDENTIAL
Urban Residential First Density
UR1
Urban Residential Second Density
UR2
Urban Residential Third Density
UR3
Community Residential First Density
CR1
Community Residential Second Density
CR2
Hamlet Residential First Density
HR1
Surplus Residence
SR
COMMERCIAL
Village Centre
C1
Highway Commercial
C2
Office Park Commercial
C3
Hamlet Commercial
C4
INDUSTRIAL
Light Industrial
M1
General Industrial
M2
Farm Industrial
M3
Extractive Industrial
M4
OTHER
Institutional
I
Parks and Recreation
PR
Open Space
OS
Existing Use
EU
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3.2
USE OF ZONE SYMBOLS
The symbols listed in Section 3.1 shall be used to refer to lands, buildings, and
structures and the uses thereof permitted in this By-law in the said zones, and
wherever in this By-law the word Zone is used, preceded by any of the said symbols,
such zone means any area within the Municipality delineated on the zoning maps and
designated thereon by the said symbol.
3.3
FILL REGULATED AREAS
The approximate extent of lands subject to the fill regulations of the Upper Thames
River Conservation Authority, Lower Thames Valley Conservation Authority, St. Clair
Region Conservation Authority, Kettle Creek Conservation Authority and the Ausable
Bayfield Conservation Authority are delineated by shading on Schedule A. Applications
for building permits in these areas will be referred to the conservation authority having
jurisdiction for review and comment prior to the issuance of such permit.
3.4
DEFINED AREAS
All zones may be divided into one or more defined areas within which greater or lesser
restrictions shall apply. These defined areas shall be designated by reference to the
symbol of the zone together with a number so as to differentiate defined areas within a
zone from each other and from other areas within the zone.
3.5
EXCEPTIONS FOR DEFINED AREAS
Within any zone, there may apply exceptions with respect to a defined area and, in
addition to such exceptions, all provisions of this By-law including the general use
regulations and the special use regulations applicable to the zone within which the
defined area is located shall apply to the defined area provided that, unless a contrary
intention appears from the exceptions, the following shall apply:
(a)
if the exceptions establish regulations different from the general provisions of this
By-law, including the general use regulations and special use regulations
applicable to the zone within which the defined area is located, the exceptions
shall supersede and prevail over such corresponding regulations of this By-law;
(b)
if the exceptions establish one (1) or more specifically permitted uses of the
defined area, such permitted use or uses shall be the only purpose or purposes
for which land, building, or structures within the defined area may be used; and
(c)
if the exceptions specifically permit one (1) or more uses in addition to those
otherwise permitted in the zone within which the defined area is located, any and
all of the other exceptions applicable to the defined area shall also apply to the
additional permitted use or uses and not only to the uses not otherwise permitted
in the zone.
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3.6
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said
zones as shown on a zoning map, the following shall apply:
(a)
unless otherwise shown, the boundary of the zones as shown on the zoning
maps are the centre lines of the road allowance or lot lines and the projection
thereof;
(b)
where zone boundaries are indicated as approximately parallel to the line of any
street and the distance from such street is not indicated, such zone boundaries
shall be construed as being parallel to such street and the distance therefrom
shall be determined by the use of the scale shown on the zoning maps;
(c)
unless otherwise indicated, a street, lane, railroad or railway right-of-way,
transmission line, or water course included on the zoning maps, is included
within the zone of the adjoining property on either side thereof; and where such
street lane, railroad or railway right-of-way, transmission line, or water course
serves as a boundary between two or more different zones, a line midway in
such street, lane, railroad or railway right-of-way, transmission line, or water
course and extending in the general direction of the long division thereof is
considered the boundary between zones unless specifically indicated otherwise;
and
(d)
in the event a dedicated street, lane, transmission line or right-of-way shown on
the zoning maps is closed, the property formerly in said street, lane, transmission
line, or right-of-way shall be included within the zone of the adjoining property on
either side of the said closed street, lane, transmission line or right-of-way, and
the zone boundary shall be the former centre line of said closed street, lane,
transmission line or right-of-way.
3.7
HOLDING SYMBOL (h)
(a)
PURPOSE
Where a zone symbol listed in Section 3.1 is used in conjunction with the holding
symbol "(h)" and appears on Schedule A, no lands shall be used and no buildings
or structures shall be erected or altered, unless in compliance with the following
provision for interim permitted uses, until the holding symbol "(h)" is removed in
accordance with provisions of the Planning Act, R.S.O. 1990, c.P.13:
(i)
Interim Uses Permitted
-
existing use
-
public use
(b)
SPECIFIC PROVISIONS
The specific holding provisions are denoted by the number immediately following
the symbol "(h)" as shown on Schedule A:
(i) (h-1)
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The precondition for the removal of the "(h-1)" holding symbol shall be that a
subdivision agreement, including but not necessarily limited to the requirement
for the development to be connected to a public water supply system and a
public sanitary sewer system, has been entered into with the Municipality for the
affected lands.
(ii) (h-2)
The precondition for the removal of the "(h-2)" holding symbol shall be that a site
plan agreement, including but not necessarily limited to the requirement for the
development to be connected to a public water supply system and a public
sanitary sewer system, has been entered into with the Municipality for the
affected lands.
(iii) (h-3)
The precondition for the removal of the '(h-3)' holding symbol shall be that a
Noise Impact Analysis be prepared by a qualified professional in association with
the site plan approval process for any proposed development on the lands to
which the holding symbol applies and that any recommendations for noise
mitigation arising from the Noise Impact Analysis have been incorporated into the
site plan such that the proposed development will meet Ministry of Environment
(MOE) Provincial noise criteria.
(iv) (h-4)
The precondition for the removal of the '(h-4)' holding symbol shall be that a
development agreement be registered against the title of the lands to which the
holding symbol applies.
(v) (h-5)
The precondition for the removal of the "(h-5)" holding symbol shall be the
undertaking of a public draft plan of subdivision and/or draft plan of condominium
review process, addressing the issues outlined under Section 51 of the Planning
Act, R.S.O. 1990, c.P.13, as amended.
(vi) (h-6)
The precondition for the removal of the "(h-6)" holding symbol shall be the
undertaking of a public site plan review process, addressing the issues outlined
under Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
(vii) (h-7)
The precondition for the removal of the (h-7) holding symbol shall be that an
urban design brief be prepared by a qualified professional in association with the
site plan approval process for any proposed development on the lot to which the
holding symbol applies and that the urban design brief shall require the approval
of the Municipality.
(viii) (h-8)
The precondition for the removal of the (h-8) holding symbol shall be the
obtained of license under the Municipal 'Farm Wedding or Events By-law.
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(ix) (h-9)
The precondition for the removal of the "(h-9)" holding symbol shall be that a
Vibration Analysis be prepared by a qualified professional in association with the
site plan approval process for any proposed development on the lands to which
the holding symbol applies and that any recommendations for vibration mitigation
arising from the Vibration Impact Analysis have been incorporated into the site
plan such that the proposed development will meet the Ministry of Environment
(MOE) vibration criteria.
3.8
TEMPORARY USE BY-LAW
(a)
PURPOSE
Where the symbol "(t)" followed by a zone symbol listed in Section 3.1 appears
on Schedule A, it indicates that a Temporary Use By-Law has been passed in
accordance with the Planning Act, R.S.O. 1990, c.P.13, to permit the use of
lands, buildings or structures in accordance with the zone represented by that
zone symbol within the area indicated, with the term of the said temporary use
set out specifically in the Temporary Use By-Law; and upon expiry of such term,
the underlying zone indicated on Schedule A shall apply.
(b)
SPECIFIC PROVISIONS
The specific temporary use provisions are denoted by the number immediately
following the symbol "(t)" as shown on Schedule A:
(i) (t-1)
The "(t-1)" temporary use symbol permits an existing single detached dwelling to
remain within the area indicated for a temporary period while the construction of
a new single detached dwelling is undertaken, as specified in the Temporary Use
By-law.
(ii) (t-2)
The "(t-2)" temporary use symbol permits the use of lands, buildings or structures
for other purposes which are otherwise not permitted in accordance with this By-
law for a temporary period, as specified in the Temporary Use By-law.
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4.0
GENERAL PROVISIONS
The provisions of this section shall apply to all zones except as otherwise indicated in
this By-law.
4.1
ACCESSORY USES
(a)
PERMITTED IN ALL ZONES
Accessory uses, buildings, or structures shall be permitted in any zone, subject
to the provisions of this By-law for the particular zone in which the said building,
structure, or use is located, and provided that no accessory building, structure or
use:
(i)
shall be used for human habitation, except where a dwelling unit is
permitted as an accessory use;
(ii)
shall, with the exception of buildings and structures for agricultural uses, be
erected closer to the front lot line or exterior side lot line than the main
building or structure on the lot;
(iii)
shall, with the exception of buildings and structures for agricultural uses, be
erected in the front yard or, in the case of a corner lot, in the exterior side
yard;
(iv)
shall be erected closer than the lesser of 0.75 metres (2.5 ft) or the
minimum interior side yard setback required for the main use on the lot, to
an interior side lot line in any Residential or Agricultural Zone, except that a
common semi-detached private garage may be centered on a mutual
interior side lot line;
(v)
shall be erected closer than 1.2 metres (3.9 ft) to a rear lot line in any
Residential or Agricultural Zone;
(vi)
shall, with the exception of buildings and structures for agricultural uses, be
erected within 1.2 metres (4 ft) of a main building.
(b)
LOT COVERAGE & GROSS FLOOR AREA
No buildings or structures accessory to a dwelling:
(i)
shall exceed the lesser of 120.0 m² (1,292 ft²) of gross floor area or ten
percent (10%) lot coverage in any Urban Residential, Hamlet Residential or
Community Residential Zone;
(ii)
shall exceed the lesser of 10% of the lot coverage or 165.0 m² (1,776 ft²) in
any Surplus Residence (SR) Zone.
(iii)
shall exceed the lesser of three percent (3%) lot coverage in any
Agricultural or Restricted Agricultural Zone or the following whichever is
less:
-
120.0 m² (1,292 ft²) of gross floor area for accessory buildings located
on a lot with an area less than 5,000 m² (1.25 ac)
-
165.0 m² (1,776 ft²) of gross floor area for accessory buildings located
on a lot with an area greater than 5,000 m² (1.25 ac).
(c)
HEIGHT
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No buildings or structures accessory to a dwelling:
(i)
shall exceed 5.5 metres (18 ft) in height in any Urban Residential or
Community Residential Zone;
(ii)
shall exceed 7.0 metres (23 ft) in height in any Hamlet Residential or
Surplus Residential Zone;
(iii)
in all other zones, shall exceed the maximum height permitted in the
applicable zone.
(d)
OTHER ZONES
In all other zones and for all other uses, the lot coverage of all accessory
buildings or structures on the said lot shall not exceed fifteen percent (15%) of
the said lot area.
That Section 4 General Provisions be amended by adding the following
subsection 4.2 and renumbering all subsequent sections as appropriate:
4.2
ADDITIONAL RESIDENTIAL UNITS
(a)
additional residential units shall be permitted on a lot with a principal dwelling in
an area serviced by both a public water system and public sanitary services
subject to the following:
(i)
A maximum of three (3) additional residential units shall be permitted per
lot.
(ii)
A maximum of two (2) additional residential units are permitted within an
accessory structure.
(iii)
Each additional residential unit shall have one additional parking space
provided in addition to the minimum number of parking spaces for the
Principal Dwelling on the lot in accordance with this By-law, which may be
configured as a tandem parking space
(iv)
Notwithstanding any other provision of this By-law, maximum lot coverage
for lots containing an additional residential unit(s) within or attached to a
Principal Dwelling, or within a detached accessory structure, shall not
exceed 55% lot coverage for all buildings and structures on the lot.
(v)
additional residential units within or attached to a principal dwelling shall not
exceed 85% of the gross floor area of the principal dwelling.
(vi)
Notwithstanding Section 4.1 of this By-law, an accessory structure
containing an additional residential unit shall comply with the following:
1.
Minimum Interior Side Yard Setback: 1.2 m (4.0 ft)
2.
Minimum Exterior Side Yard Setback: Same as base zone
3.
Minimum Rear Yard Setback: 1.2 m (4.0 ft)
4.
Shall be setback at least 2.0 m (6.5 ft) from another building or
structure which contains a residential unit
5.
Maximum height: 7.0 m (23.0 ft)
6.
Shall not be located within a front or exterior side yard
7.
Shall have a 1.5m (5.0 ft) access from a pathway and/or driveway to a
street that is unobstructed
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(b)
additional residential units shall be permitted on a lot with a principal dwelling in
an area that is not fully serviced with both public water and wastewater services
subject to the following:
(i)
A maximum of two (2) additional residential units shall be permitted per lot;
(ii)
A maximum of one (1) additional residential unit may be permitted in an
accessory structure
(iii)
Each additional residential unit shall have one additional parking space
provided in addition to the minimum number of parking spaces for the
principal dwelling on the lot in accordance with this By-law. Notwithstanding
anything to the contrary within this By-law, parking spaces for additional
residential units may be configured as a tandem parking space.
(iv)
Notwithstanding Accessory Use regulations in Section 4.1 of this By-law,
and accessory structure containing an additional residential unit shall
comply with the following:
1.
Where the principal dwelling has a ground floor area of 140m² (1,500
ft²) or less, the additional residential unit shall not exceed 75% of the
gross floor area of the principal dwelling;
2.
Where the principal dwelling has a ground floor area of greater than
140m² (1,500 ft²), the additional residential unit shall not exceed 75%
of the gross floor area of the principal dwelling, to a maximum of 120
m² (1,300 m²), whichever is less.
3.
Total lot coverage for all buildings and structures, including detached
additional residential units shall be in accordance with the underlying
zone regulations
4.
Shall be located a maximum of 30 m from the principal dwelling,
measured at the closest point of each building
5.
Maximum height: 7.0 m (23.0 ft)
6.
Shall not be located within the front or exterior side yard
7.
Shall have a 1.5 m access from a pathway and/or driveway to a street
that is unobstructed
8.
The access from the public road shall be shared between the principal
dwelling and additional residential unit
9.
Shall comply with MDS I.
10.
A well and septic evaluation from a qualified professional shall be
required to demonstrate that the proposed on-site water supply and
septic systems are adequate to service the additional residential unit,
to the satisfaction of the Municipality. This may include a Nitrate Study
in accordance with provincial guidelines, including Procedure D-5-4 or
equivalent, at the discretion of the Municipality in areas with a high
concentration of existing septic systems.
11.
The conversion of a principal dwelling on a lot to an additional
residential unit as a means to construct a larger dwelling on the lot is
permitted, subject to the following:
a.
The existing dwelling shall have a ground floor area not
exceeding 140 m² (1,500 ft²) at the time of application for a
permit under the Building Code Act.
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b.
A new principal dwelling may be constructed on the same lot,
provided that its gross floor area does not exceed 200 percent of
the ground floor area of the existing dwelling to be converted to
an additional residential unit;
c.
The proposal shall demonstrate that the existing dwelling is
capable of being converted to an additional residential unit in
compliance with the Building Code, Fire Code and all other
Provincial, County, and Municipal standards.
4.3
CANNABIS PRODUCTION FACILITIES
A cannabis production facility shall be setback a minimum of 150.0 m from a sensitive
land use or any Residential Zone, Institutional zone, or Parks and Recreation zone.
4.4
CONSTRUCTION USES
Notwithstanding any other provisions of this By-law, uses, buildings or structures such
as a work camp, a tool shed, mobile home, trailer, scaffold, or sign, or other building or
structure incidental to and necessary for construction work and/or sales and marketing
purposes on the premises, are permitted in any zone provided that:
(a)
any sign which is erected does not exceed 3.0 m² (32.3 ft²) in area;
(b)
such uses, buildings, or structures are used only for as long as are reasonably
necessary for work in progress which has neither been finished nor abandoned,
or a period of one (1) year whichever is the lesser;
(c)
such uses, buildings, or structures are removed when the construction work for
which they are required is terminated; and
(d)
such buildings or structures are not used as a dwelling unit.
4.5
ESTABLISHED BUILDING LINES
Notwithstanding any other provisions of this By-law, where a main building is to be
erected where there is an established building line, such main building may be erected
closer to the street line or to the centreline of the road, as the case may be, than
required in this By-law provided such main building is not erected closer to the street
line or to the centreline of the road, as the case may be, than the established building
line on the date of passing of this By-law.
4.6
EXISTING LOTS
Notwithstanding any other provisions of this By-law, existing lots with less than the
required lot area, lot frontage, or lot depth, or which exceed the maximum lot area,
may be used, and buildings and structures erected or altered thereon, for the purpose
specified in the zone in which they are situated, provided:
(a)
such lots are serviced or capable of being serviced by approved sanitary sewage
facilities where such facilities are required by the said use, building, or structure;
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(b)
such lots have a minimum lot frontage of 15.0 metres (49 ft) and a minimum lot
area of 1,200 m² (12,917 ft²) where a dwelling is to be erected; and
(c)
all other regulations of this By-law are satisfied.
4.7
EXPLORATION AND/OR PRODUCTION OF NATURAL GAS OR CRUDE OIL
The provisions of this By-law shall not apply to the use of any agricultural land for the
exploration and/or the production of natural gas or crude oil resources, or to the
erection, alteration or use of any building or structure, or portion thereof, accessory
thereto provided:
(a)
the same is located a minimum of 300.0 metres (984 ft) from any dwelling in any
Agricultural Zone; and
(b)
the same is located a minimum of 1,000.0 metres (3,281 ft) from any Residential
Zone.
4.8
EXPROPRIATIONS AND DEDICATIONS
A lot altered as a result of expropriation or dedication to a public authority or public
utility and having less than the minimum lot area, minimum lot frontage, and/or
minimum lot depth required in this By-law, may be used and a building or structure
may be erected, altered or used thereon, provided all other requirements of this By-law
are complied with.
4.9
FRONTAGE ON A PUBLIC ROAD
Unless otherwise specified in this By-law, no person shall erect a building or structure
unless:
(a)
the lot upon which such building or structure is proposed to be erected, abuts or
fronts on either an improved public road of satisfactory construction and
maintenance to permit the reasonable and safe passage of motor vehicles, or on
a private common element road which is internal to a registered vacant land
condominium plan; and
(b)
provided access to the improved public road from the said lot has been granted
by the authority having jurisdiction and provided the public road has been
assumed by the Municipality, the County, the Province of Ontario, or some other
road authority.
Notwithstanding the foregoing, a building or structure may be erected upon a lot within
a Registered Plan of Subdivision in accordance with the provisions of a Subdivision
Agreement in respect of such Plan of Subdivision notwithstanding that the roads within
such Plan of Subdivision have not been assumed and are not being maintained by the
Municipality, the County, the Province of Ontario, or some other road authority.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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4.10
GARDEN SUITES
A garden suite may only be permitted as an accessory use in conjunction with a single
detached dwelling by way of a temporary use by-law pursuant to Section 39 of the
Planning Act, and in accordance with the following provisions:
(a)
A garden suite may only be established for a maximum duration of 20 years,
calculated from the date of issuance of a building permit.
(b)
A maximum of one garden suite, established in accordance with the provisions of
Section 4.1, may be permitted on a lot.
(c)
A garden suite shall be located on the same lot as a principal single detached
dwelling.
(d)
A garden suite shall not be permitted where a detached additional residential unit
exists on the lot.
(e)
A garden suite shall only be permitted on a lot which has frontage on an
improved public street
(f)
Services shall be shared with the principal dwelling on the lot.
(g)
Parking shall be provided in accordance with the provisions of this By-law.
4.11
HAZARD LANDS
No buildings or structures, with the exception of those designed, used or intended for
flood or erosion control purposes, shall be erected or used on lands which exhibit a
hazardous condition as a result of instability, susceptibility to flooding, erosion,
subsidence, inundation, or the presence of organic soils or steep slopes unless a
permit has been obtained by the conservation authority having jurisdiction. The
approximate extent of such lands are delineated by shading and illustrated on
Schedule A to this By-law.
4.12
HEIGHT RESTRICTIONS
The height restrictions of this By-law shall not apply to restrict the height of any of the
following structures:
(i)
a radio antenna or television receiving or transmitting equipment;
(ii)
a barn for a permitted agricultural use;
(iii)
a grain elevator and storage;
(iv) a grain dryer;
(v)
a belfry or cupola;
(vi) a chimney;
(vii) a church spire;
(viii) a clock tower;
(ix) an elevator or stairway penthouse;
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(x)
a flag pole;
(xi) a hydro-electric transmission tower or hydro pole;
(xii) an ornamental dome or structure;
(xiii) a silo;
(xiv) a steeple;
(xv) a structure containing heating, cooling or other mechanized equipment pertaining
to a building;
(xvi) a water tower;
(xvii) a structure for crushing, washing, screening or processing relating to an
aggregate operation;
(xviii) a tower; or
(xix) a skylight.
4.13
HOME OCCUPATION
Where permitted by this By-law, a home occupation shall be in accordance with the
following provisions:
(a)
a home occupation shall be secondary to a dwelling unit occupied by the owner
or tenant thereof as the principal residence and located within a zone in which a
home occupation is specifically listed as a permitted use;
(b)
a home occupation shall not employ more than one person who does not reside
in the dwelling unit, being the site of the home occupation;
(c)
the total floor area of the dwelling unit, including basement area, used for the
home occupation shall not exceed twenty-five percent (25%) of the total floor
area of the dwelling unit or 40.0 m² (430 ft²), whichever is the lesser;
(d)
a home occupation shall not be permitted within an accessory building or
structure in any Residential Zone or any Agricultural Zone where a single
detached dwelling is the main use;
(e)
open storage shall not be permitted;
(f)
the external character of the dwelling as a residence shall not change or create a
nuisance, particularly in regard to noise, odour, dust and refuse;
(g)
no parking in addition to the required parking for the dwelling unit shall be
created; and
(h)
there shall be no externally visible indications that a home occupation is being
conducted within a dwelling unit, except that a sign no larger than 0.4 m² (4.3 ft²)
shall be permitted.
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4.14
LANDSCAPING
(a)
LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the zone
provisions set out herein for each zone and the following provisions:
(i)
any part of a lot which is not occupied by buildings, structures, parking
areas, loading spaces, driveways, excavations, agricultural uses or
permitted outdoor storage areas shall be maintained as landscaped open
space;
(ii)
except as otherwise specifically provided herein, no part of any required
front yard or required exterior side yard shall be used for any purpose other
than landscaped open space;
(iii)
where landscaped open space is required adjacent to any lot line or
elsewhere on a lot, nothing in this By-Law shall prevent such landscaped
open space from being traversed by a pedestrian walkway or a driveway,
as permitted;
(iv)
no part of any driveway, parking area, loading space, stoop, roof-top
terrace, balcony, swimming pool or space enclosed within a building, other
than a landscaped area located above an underground parking area, shall
be considered part of the landscaped open space on a lot.
(b)
PLANTING STRIPS
Planting strips shall be provided in accordance with the zone provisions set out
herein for each zone and the following provisions:
(i)
where the lot line of a lot containing a non-residential use and located in
any Commercial or Industrial zone abuts a lot in any Residential Zone, or
abuts a street on the opposite side of which is located a lot in any
Residential Zone, then that part of the lot containing such non- residential
use or directly adjoining the said lot line shall be used for no purpose other
than a planting strip having a minimum width of 1.5 metres (4.9 ft),
measured perpendicularly to the said lot line;
(ii)
planting strips shall be provided on lands upon which a residential use is
being newly established where such lands abut an existing non-residential
use, which is not maintaining a planting strip in accordance with the above;
(iii)
planting strips shall be provided around the perimeter of an open storage
area where open storage is permitted;
(iv)
where a row of trees or a hedgerow is provided as part of a required
planting strip, such planting strip shall consist of a continuous screen of
suitable trees or shrubs maintained at an ultimate height of not less than
1.8 metres (5.9 ft) above the elevation of the ground at the nearest lot line,
except that within a sight triangle, the maximum height of any such
landscaping material shall be 0.6 metres (2.0 ft);
(v)
where a planting strip is required hereby, such planting strip shall be
located along the entire length of the zone or lot line separating it from the
abutting zone or use;
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(vi)
where a planting strip required hereby is traversed by a pedestrian walkway
or by a driveway, in accordance with Paragraph (iii) of Clause (a) of this
Subsection, such planting strip shall not be required to extend closer than
1.0 metres (3.3 ft) to the edge of such walkway or 3.0 metres (9.8 ft) closer
to the edge of such driveway, provided that any intervening space between
the said planting strip and the said walkway or driveway is maintained as
landscaped open space.
4.15
LOTS WITH MORE THAN ONE USE OR ZONE
(a)
MORE THAN ONE USE
(i)
Where a lot contains more than one permitted use defined separately
herein, other than an accessory use, each use shall conform to the
provisions of this By-Law which are applicable to each use in the zone in
which the said lot is located as if such use existed independently of any
other use; and
(ii)
Where standards or provisions pertaining to two or more uses on one lot
are in conflict, the highest or more restrictive standards or provisions shall
prevail.
(b)
MORE THAN ONE ZONE
(i)
Except as otherwise provided in Paragraph (ii) of this Clause, where a lot is
divided into two or more zones, each portion of the said lot shall be treated
as if it were a separate lot as defined herein and shall be used in
accordance with the provisions of this By-Law which are applicable to the
zone wherein such portion of the said lot is located; and
(ii)
Notwithstanding anything to the contrary in Paragraph (i) of this Clause,
where the use or uses of a lot divided into two or more zones are permitted
in all zones applying to the lot, the said lot shall be considered to be a
single lot as defined herein. The more restrictive zone requirements
pertaining to such use or uses in all the said zones shall apply to only the
said portion of the lot found in that zone.
4.16
LOTS CREATED HAVING GREATER COMPLIANCE
Where a lot is created or altered, as a result of a consent being given following the
effective date, in greater compliance with the minimum lot area, the minimum lot
frontage and/or minimum lot depth requirements of this By-law, the lot shall be deemed
to comply with the said requirements, as the case may be, of this By- law."
4.17
LOSS BY NATURAL CAUSES
Notwithstanding any other provisions of this By-law, save and except for Section 4.8,
where a building or structure is destroyed or partially destroyed by fire or other natural
causes, replacement of the said building or structure to the same basic dimensions
and on the same basic site shall be permitted, provided a building permit is issued
within three (3) years from the date of destruction.
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4.18
MINIMUM DISTANCE SEPARATION FORMULAE
All lands within the Municipality shall be subject to MDS I and MDS II; which in the
case of MDS I, provides the minimum distance separation for new development from
existing livestock facilities; and in the case of MDS II, provides minimum distance
separation for new or expanding livestock facilities from existing development.
4.19
MINIMUM SETBACKS FROM PROVINCIAL HIGHWAYS, COUNTY ROADS
AND MUNICIPAL CONCESSION ROADS
Notwithstanding any other provision of this By-law, where a building or structure is
erected or altered adjacent to a Provincial Highway, County Road, or Municipal
Concession Road, minimum setbacks from such roads shall be provided as follows:
(a)
buildings and structures for agricultural, commercial, industrial or institutional
uses:
(i)
Provincial Highway: 32.0 metres (105 ft) from the centre line of the road or
14.0 metres (46 ft) from the street line, whichever is the greater; 30.0
metres (98 ft) from the street line for all pits and quarries;
(ii)
County Road: 38.0 metres (125 ft) from the centre line of the road;
(iii)
Municipal Concession Road: 15.0 metres (49 ft) from the streetline
(b)
buildings and structures for residential uses:
(i)
Provincial Highway: 26.0 metres (85 ft) from the centre line of the road or
7.5 metres (25 ft) from the street line, whichever is the greater;
(ii)
County Road: 38.0 metres (125 ft) from the centre line of the road;
(iii)
Municipal Concession Road: 15.0 metres (49 ft) from the streetline
Notwithstanding the provisions above, lands located within the Urban Areas
represented as Schedules U-1 to U-12 of this By-law shall be exempt from the above
County Road setbacks.
4.20
MINIMUM SETBACKS FROM MUNICIPAL DRAINS AND NATURAL
WATERCOURSES
No permanent buildings or structures shall be erected or used:
(a)
closer than 7.5 metres (25 ft) from the top-of-bank of a municipal drain having the
width of less than 4.5 metres (15 ft) from top-of-bank to top- of- bank;
(b)
closer than 18.5 metres (61 ft) from the top-of-bank of a municipal drain having
the width of between 4.5 metres (15 ft) and 7.5 metres (25 ft) from top-of-bank to
top- of-bank;
(c)
closer than 30.5 metres (100 ft) from the top-of-bank of a municipal drain which is
7.5 metres (25 ft) or more from top-of-bank to top-of-bank;
(d)
closer than 7.5 metres (25 ft) from the centreline of a municipal tile drain.
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4.21
MINIMUM SETBACKS FROM RAILWAYS
Notwithstanding any other provisions of this By-Law to the contrary, the nearest main
wall of a dwelling shall not be constructed within 30.0 metres (98.4 ft) to the limit of a
railway right-of-way.
4.22
MINIMUM SETBACKS FROM SEWAGE TREATMENT PLANTS
Notwithstanding any other provisions of this By-law to the contrary, the nearest main
wall of a dwelling shall not be constructed within 100.0 metres (328.0 ft) of any sewage
treatment plant.
4.23
NON-CONFORMING USES
Nothing in this By-law shall apply:
(a)
to prevent the use of any land, building or structure for any purpose prohibited in
this By-law if such land, building or structure was lawfully used for such purpose
on the date of the passing of the By-law, so long as it continues to be used for
that purpose; and
(b)
to prevent the erection or use for a purpose prohibited in this By-law of any
building or structure for which a permit has been issued under the Building Code
Act, 1992, S.O. 1992, c.23, prior to the date of the passing of the By- law, so long
as the building or structure when erected is used and continues to be used for
purposes for which it was erected and provided the permit has not been revoked
under such Act.
4.24
NON-COMPLYING BUILDINGS AND STRUCTURES ON EXISTING LOTS
Where a building or structure has been lawfully erected prior to the effective date on an
existing lot having less than the minimum:
a)
lot frontage; and/or
b)
lot area; and/or
c)
setback, front yard, side yard, rear yard, and/or lot depth; and/or
where a building or structure has been lawfully erected prior to the effective date on an
existing lot having more than the maximum:
d)
lot area; and/or
e)
height
permitted by this By-law, the said building or structure may be used, altered, repaired,
renovated or replaced provided all other applicable regulations of this By-law are
complied with.
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4.25
NON-COMPLYING BUILDINGS AND STRUCTURES ON NEW LOTS
Where an existing building or an existing structure on a lot created or altered as a
result of a consent being given following the effective date and having less than the
minimum setback and/or minimum front, side, or rear yard; or having more than the
maximum floor area and/or maximum height permitted by this By-law, the said building
or structure may be used, altered, repaired, renovated or replaced provided the
external dimensions of the building or structure remain as they were on the day the lot
was created or altered.
4.26
OPEN STORAGE
Except as otherwise specifically provided in this By-Law, no open storage shall be
permitted in any zone, except in accordance with the following provisions:
(a)
open storage shall be accessory to a permitted non-residential use or carried on
in an enclosed building or portion thereof on the same lot;
(b)
no open storage area shall be permitted in any front yard or exterior side yard,
except in the case of an agricultural use;
(c)
no open storage shall be located closer than 2.0 metres (6.6 ft) to an interior side
lot line or a rear lot line;
(d)
no open storage area shall be visible from any street or from any adjacent lot,
where such adjacent lot is located in a zone other than a Commercial, Industrial
or Agricultural Zone, or from a dwelling on an adjacent lot in an Agricultural Zone;
and to this end, any open storage area shall be screened by a planting strip
containing an opaque fence, wall or other opaque barrier not less than 1.8
metres (5.9 ft) in height, except that this provision shall not apply to any open
storage area accessory to an agricultural use or to the outside display and sale of
goods and materials in conjunction with a permitted commercial use;
(e)
any open storage area shall be maintained as landscaped open space or
provided and maintained with a stable surface, and treated so as to prevent the
raising of dust or loose particles and drained, except that this provision shall not
apply to any open storage area located on a lot whereon the main use is an
agricultural use;
(f)
notwithstanding Paragraph (e) of this Clause, no open storage area shall be
considered part of any landscaped open space required hereby;
(g)
no parking spaces or loading spaces required by this By-Law shall be used for
open storage purposes.
Nothing in Clause (b) of this Subsection shall apply to prevent or otherwise restrict the
use as an open storage area of any part of:
(h)
the required front yard or the required exterior side yard on a lot containing an
agricultural use, for a temporary roadside retail farm sales outlet for produce
grown on the said lot; or
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(i)
a lot containing a single dwelling, for a special temporary sale, by auction or
otherwise, of personal possessions belonging to the occupant thereof.
4.27
ON-FARM DIVERSIFIED USES
Where permitted by this By-law, an on-farm diversified use shall be in accordance with
the following provisions:
(a)
The on-farm diversified use is located on the same lot accessory to an
agricultural use.
(b)
The area of operation for an on-farm diversified use shall not exceed a combined
total of 1.0 ha (10, 000 m²) or 2% of the lot area on which the use is proposed,
whichever is less.
(i)
The maximum gross floor area of all buildings and structures shall be 20%
of the Area of Operation provided no single building or structure shall have
a gross floor area greater than 500.0 m².
(ii)
In calculating the area of operation, where an on-farm diversified use uses
an existing access laneway, or parking area, the area of the laneway or
parking area shall not be included.
(iii)
Lands used for agriculture and simultaneously used as part of the agri-
tourism use shall not be included in the calculation of the area of operation
in accordance with section 4.27 (b)
(iv)
The total enclosed floor area of building or structure devoted to retail sales
shall not exceed 50% of the floor area of all buildings or structures used in
conjunction with the on-farm diversified use. This provision shall not apply
to a farm produce outlet.
(c) An on-farm diversified use shall be subject to the Minimum Distance
Separation (MDS) I Formulae where an on-farm diversified use includes an agri-
tourism uses, on-farm shop or café, food service use, or provides overnight
accommodations.
4.28
PARKING REGULATIONS
(a)
PARKING SPACES REQUIRED
Except as otherwise provided herein, the owner or occupant of a lot, building or
structure shall provide and maintain, one or more parking spaces on the said lot
in accordance with the provisions of this section.
(b)
MINIMUM PARKING SPACE REQUIREMENTS
The following regulations shall apply to all land uses within the Municipality with
respect to the minimum parking space requirements:
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Note: All area measurements are of gross floor area, unless otherwise noted.
TYPE OF USE
MINIMUM PARKING SPACE
REQUIREMENT
RESIDENTIAL
single detached dwelling
semi-detached dwelling
duplex dwelling
street townhouse dwelling
2 spaces per unit
apartment dwelling
multiple unit dwelling
townhouse dwelling
1.5 spaces per unit.
For developments consisting of five (5)
or more dwelling units, visitor parking
spaces shall be provided at a minimum
rate of 0.15 spaces per unit.
garden suite
1 space per unit in addition to the
parking required for the principal
dwelling
additional residential unit
1 space per additional residential unit,
in addition to the parking required for
the principal dwelling
any residential use permitted by this
By-law but not specifically mentioned
elsewhere in this Clause
1 space per unit
COMMERCIAL
animal clinic
1 space per 30 m²
bed and breakfast establishment
1 space per guest room in addition to
the required residential spaces
boarding house, rooming house or
tourist house
1 space for every 3 rooms offered for
rent
building supply establishment
1 space per 30 m² of retail space and
1 space per 200 m² of warehouse
space
car wash
2 spaces per car wash, plus stacking
spaces as may be required for this use
in accordance with Section 4.28(n) of
this By-law
club, private
1 space per 7 seats or 1 space per
35 m², whichever is greater
day nursery
1 space per 40 m²
financial institution
1 space per 30 m²
flea market
1 space per 20 m²
garage, public
6 spaces per bay
garden centre
1 space per 30 m²
gas bar
1 space per 10 m²
hotel or motel
1.25 spaces per guest room
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TYPE OF USE
MINIMUM PARKING SPACE
REQUIREMENT
market garden
1 space per 20 m²
motor vehicle sales establishment
1 space per 30 m²
motor vehicle service establishment
6 spaces per bay
nursery
1 space per 30 m²
office, general or professional
1 space per 40 m²
personal service establishment
1 space per 20 m²
place of entertainment or recreation
1 space per 7 seats or 1 space per
35 m², whichever is greater
restaurant
1 space per 10 m²
restaurant, drive-thru or take-out
1 space per 10 m²
service shop
1 space per 30 m²
store, convenience
1 space per 25 m²
store, retail
1 space per 25 m²
tavern
1 space per 10 m²
any commercial use permitted by this
By-law
1 space per 30 m²
INDUSTRIAL
abattoir
1 space per 100 m²
animal hospital
1 space per 40 m²
bulk sales establishment
1 space per 30 m² of retail space and
1 space per 200 m² of warehouse
contractor's yard or shop
1 space per 100 m²
industrial use, general industrial use,
light
1 space per 100 m²
machine shop
1 space per 30 m²
truck terminal
1 space per 100 m²
warehouse
1 space per 200 m²
any industrial use permitted by this
By-law but not specifically mentioned
elsewhere in this Clause
1 space per 30 m² of gross floor area
INSTITUTIONAL
arena
1 space per 7 seats or 1 space per
35 m², whichever is greater
cemetery
1 space per 30 m² of accessory office
space
clinic
1 space per 30 m²
community centre
1 space per 7 seats or 1 space per
35 m², whichever is greater
funeral home
1 space per 20 seats or 1 space per
20 m², whichever is greater
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TYPE OF USE
MINIMUM PARKING SPACE
REQUIREMENT
institutional use
1 space per 30 m²
library
1 space per 40 m²
nursing home
1 space per 2.5 beds
place of worship
1 space per 5 seats or 1 space per
20 m², whichever is greater
retirement home
1 space per 2.5 beds
school, elementary (public or private)
3 spaces + 2 space per classroom
school, secondary (public or private)
3 spaces per classroom
any institutional use permitted by this
By-law but not specifically mentioned
elsewhere in this Clause
1 space per 30 m²
AGRICULTURAL
agri-tourism
1 space per 40 m² of gross floor area
dedicated to any building or structure
accessory to the agri-tourism use
farm produce outlet
1 space per 25 m²
on-farm shop or café
1 space per 25 m²
other on-farm diversified uses
1 space per 40 m² of gross floor area
dedicated to any building or structure
accessory to the value added
agricultural use
Value-added agricultural use
1 space per 40m² of gross floor area
dedicated to any building or structure
accessory to the value-added
agricultural use
OTHER
golf course
8 spaces per tee for a golf course and
1.5 spaces per tee for mini-putt and/or
driving range
any other non-residential use
permitted by this By-law but not
specifically mentioned elsewhere in
this Clause
1 space per 30 m² of gross floor area
(c)
CALCULATION OF PARKING REQUIREMENTS
(i)
where a building, structure or lot accommodates more than one type of use
as set out in Clause (b) of this Subsection, the total parking space
requirement for such building, structure or lot shall be the sum of the
requirements for the separate uses thereof;
(ii)
parking spaces required in accordance with this By-Law shall not include
any parking spaces used or intended to be used primarily for the storage or
parking of vehicles for hire or gain, display or sale; and
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(iii)
where the calculation of the required parking spaces results in a fraction,
the required parking spaces shall be rounded to the next highest whole
number.
(d)
CALCULATION OF BARRIER-FREE PARKING REQUIREMENTS
(i)
A barrier-free parking space shall be included in the calculation of the total
parking space requirements of Clause (b).
(ii)
Despite Clause (d) (i), barrier-free parking spaces shall not be required in
the UR1 or UR2 zones and shall not be required for additional residential
units.
(iii)
Where more than one use listed in Clause (b) is proposed on a lot, the
number and type of barrier-free parking spaces shall be calculated based
on the number of parking spaces required for each use
(iv)
The minimum dimensions of a barrier-free parking space shall be provided
in accordance with the following:
MINIMUM DIMENSION
TYPE A
SPACE
TYPE B
SPACE
Minimum Width (m)
3.4
2.4
Minimum Length (m)
5.5
5.5
Minimum Access Aisle Width (m)
2.0
2.0
Minimum Access Aisle Length (m)
5.5
5.5
(v)
The minimum number of barrier-free parking spaces shall be in accordance
with the following:
TOTAL REQUIRED
SPACES
NUMBER OF REQUIRED BARRIER-FREE
SPACES
12 or less
1
13-100
4% of total required parking spaces
101-200
3% of total required parking spaces
201-1,000
2% of total required parking spaces
Over 1,000
1, plus 1%of total required parking spaces
(vi)
Where an even number of barrier-free parking spaces are required, an
equal number of Type A and Type B barrier-free parking spaces shall be
provided
(vii) Where an odd number of barrier-free parking spaces are required, the
number of barrier-free parking spaces must be divided equally between
Type A and Type B barrier-free parking spaces, with the remainder provided
as a Type B barrier-free parking space.
(e)
DIMENSIONS OF PARKING SPACES
(i)
a parking space required hereby shall have minimum rectangular
dimensions of 2.7 metres (8.9 ft) by 5.5 metres (18 ft)
(f)
LOCATION OF PARKING AREAS
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(i)
all required parking spaces shall be provided on the same lot occupied by
the building, structure or use for which such parking spaces are required,
and shall not form a part of any street or lane;
(ii)
barrier-free parking spaces shall be located to the closest building or
structure entrance and exit on the same lot for which such parking spaces
are required and shall be accessible via ramps and depressed curbs to the
said entrance and exit; and
(iii)
where the provision of the required parking on the same lot is impossible or
impractical, such off-street parking areas may be located on another lot in
the same zone, within 100 metres (328 ft) of the use, building or structure
requiring such parking, provided a Site Plan Agreement is registered on title
of the lands used for parking committing the required parking spaces
related to the said use, building or structure.
(g)
YARD WHERE PERMITTED
In any Residential Zone, a driveway shall not exceed ten percent (10%) of the
total area of the lot.
Except as otherwise provided herein, uncovered surface parking areas and
driveways shall be permitted in any part of any yard, provided that any part of a
parking area located within a required yard shall be separated from any lot lines
adjacent to such required yard by a planning strip not less than 1.0 metre (3.3 ft)
in width. Where a 0.0m side yard setback applies, including street townhouses or
similar, no planting strip is required.
(h)
PARKING STRUCTURES
Where a parking area is located in a building or structure which is accessory to a
permitted use, such building or structure shall conform to all the provisions for
accessory uses set out in Section 4.1 of this By-law.
(i)
ACCESS TO PARKING AREAS AND SPACES
(i)
access to parking areas shall be provided from an improved street by
means of one or more unobstructed driveways not exceeding:
-
for single detached, semi-detached, and street townhouse dwellings,
driveways shall not exceed sixty percent (60%) of the total lot frontage
measured at the widest point of the driveway parallel to the street line
-
12.0 m in width for any other driveway, measured at the street line,
provided that no lot shall have more than two driveways for the first 30.0
m of street line thereof plus one driveway for each additional 30.0 m
(98.7 ft) of street line
(ii)
the portion of a driveway located within the Municipal right of way shall be
in accordance with the Municipality's Infrastructure Design Standards or
equivalent;
(iii)
parking aisles shall have a minimum unobstructed width of 6.0 metres (19.7
ft) where two-way traffic is permitted and 3.0 metres (9.8 ft) where only one-
way direction of traffic flow is permitted and shall be clearly indicated by
signs, pavement markings or both;
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(iv)
each required parking space shall be readily accessible at all times for the
parking or removal of a motor vehicle and access to any such parking
space shall not be impeded by any obstruction except that this provision
shall not apply to prevent the use as a parking space of any part of a
driveway for a residential use, provided that no parking space shall obstruct
access to a parking area on any other lot;
(v)
a driveway shall not be at an angle less than 45 degrees from the
streetline;
(vi)
the minimum distance between a driveway and an intersection of
streetlines measured along the streetline intersected by such driveway shall
be 7.6 metres (25 ft);
(vii) where a two-way driveway is divided into two one-way driveways by a curb,
an area of landscaped open space or any other obstruction, such driveway
shall, for the purposes of this Subsection, be considered a single driveway,
albeit divided, provided that such driveway shall not exceed 9.1 metres
(29.9 ft) in total width, measured in accordance with Paragraph (i) of this
Clause; and
(viii) nothing in this Subsection shall apply to prevent the use of a right-of- way
as a means of obtaining access to a parking area, provided the said right-
of-way has been specifically established for such purpose, or to prevent the
establishment of abutting driveways or parking aisles along a common lot
line, provided the combined width of any abutting driveways shall not
exceed 9.1 metres (29.9 ft.), measured in accordance with Paragraph (i) of
this Clause.
(j)
SURFACE AND DRAINAGE OF PARKING AREAS AND DRIVEWAYS
(i)
all parking areas and driveways, shall be provided and maintained with a
stable surface, treated so as to prevent the raising of dust or loose particles
and including, but not so as to limit the generality of the foregoing, treated
crushed stone or gravel; and asphalt, concrete or other hard-surfaced
material;
(ii)
notwithstanding Paragraph (i) of this Clause, all parking areas and
driveways located in any Residential Zone shall consist of asphalt, concrete
or other hard-surfaced material;
(iii)
parking areas for non-residential uses located in urban areas described as
Schedule A, Maps U-1 to U-12 inclusive shall be surfaced with concrete,
asphalt or other hard surfaced material to the satisfaction of the
Municipality; and
(iii)
all parking areas and driveways shall be drained so as to control the
pooling of surface water and prevent the flow of surface water onto
adjacent lots.
(k)
ADDITIONS AND CHANGES IN USE
Where a building or structure is enlarged in floor area, or a use is changed, or
there is an increase in the number of dwelling units or change that would require
an additional number of parking spaces, then such additional parking spaces
shall be provided to the number required for such change.
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(l)
CASH-IN-LIEU OF PARKING
Notwithstanding Clause (a) and (b) of this Subsection, the owner and/or
occupant of a lot, building or structure may be exempted from providing and
maintaining some or all of the minimum parking space requirements associated
with the said lot provided the following conditions are met:
(i)
that the area to which this subsection applies is in accordance with
Schedule A, Maps U-1 through U-12 of this By-law;
(ii)
that the Council or their delegate has entered into an agreement in
accordance with the Municipality of Middlesex Centre Cash-in-lieu of
Parking By-law, as amended; and
(iii)
such agreement shall be registered on the title of the lands to which the
parking exemption applies.
(m) LOADING SPACES
The owner or tenant of any building(s) or structure(s) in any commercial or
industrial zone which involves the shipping, receiving, loading or unloading of
goods, merchandise or materials shall provide loading spaces in accordance with
the following provisions:
(i)
the number of required loading spaces shall be based on the gross floor
area of the building(s) or structure(s) on the lot, and are as follows:
GROSS FLOOR AREA
NUMBER OF REQUIRED
LOADING SPACES
≤ 250 m²
(≤ 2,690.9 ft²)
0
> 250 m² and ≤ 2,000 m²
(> 2,690.9 ft² and ≤ 21,527.8 ft²)
1
> 2,000 m² and ≤ 4,000 m²
(>21,527.8 ft² and ≤ 43,055.6 ft²)
2
> 4,000 m²
(> 43,055.6 ft²)
2 plus 1 additional space for each
10,000 m² (107,639.1 ft²) or part
thereof in excess of 4,000 m²
(43,055.6 ft²)
(ii)
loading spaces shall be provided on the same lot as the building(s) or
structure(s) for which the said loading spaces are required;
(iii)
loading spaces shall be permitted in any part of any yard, provided that any
part of a loading area located within a required yard shall be separated
from any lot lines adjacent to such required yard by a planting strip not less
than 1.0 metre (3.3 ft) in width;
(iv)
access to loading spaces shall be provided by an unobstructed driveway
with a minimum width of 2.7 metres (8.9 ft);
(v)
a loading space required hereby shall have minimum rectangular
dimensions of 2.7 metres (8.9 ft) by 7.5 metres (24.6 ft); and
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59
(vi)
a loading space required hereby shall have a minimum vertical clearance of
4.5 metres (14.7 ft).
(n)
DRIVE-THRU FACILITIES
Where a use in any zone includes a drive-thru facility, off-street motor vehicle
queuing space shall be provided in accordance with the following provisions:
(i)
the number of required queuing spaces shall be as follows:
USE
NUMBER OF REQUIRED
QUEUING SPACES
Automated car wash
6
financial institution or ATM
machine
4 before or at each window/machine
restaurant (no order board)
4 before or at first window
restaurant (with order board)
5 before or at order board and
4 between the order board and the
first window
all other drive-thru uses
4 before or at each window
(ii)
a queuing space required hereby shall have minimum rectangular
dimensions of 2.7 metres (8.9 ft) by 5.5 metres (18 ft);
(iii)
no queuing space, ordering boards or drive-thru windows may be located
within 10 metres (32.8 ft) of a lot line that abuts a residential use or
residential zone; and
(iv)
where queuing space, ordering boards or drive-thru windows are located in
a yard that abuts a residential use or residential zone, the said queuing
space, ordering boards or drive-thru windows shall be screened from view
from the residential use or residential zone by a solid fence or planting strip
with a minimum height of 2 metres (6.5 ft).
(o)
ELECTRIC VEHICLE PARKING
(i)
For new residential uses in the C1 or UR3 zones, a minimum of 20% of the
total required parking spaces shall be designated electric vehicle parking
spaces.
(ii)
For any new non-residential use in the C1 zone, a minimum of 10 required
parking spaces shall be provided as designed electric vehicle parking
spaces
(iii)
If the calculation of required designed electric vehicle parking spaces
results in a fraction, the applicable requirement shall be rounded down to
the next whole number.
(iv)
All required designed electric vehicle parking spaces shall be clearly
defined and demarcated.
(v)
The requirements of subsections i) through iv) shall only be required for
buildings or portions of buildings that were not existing on the date of
passing this By-law
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60
(vi)
A minimum of one required barrier-free parking space shall also be
included and counted as a designed electric vehicle parking space.
4.29
PROHIBITED USES
The following shall be prohibited in any zone unless specifically permitted otherwise:
(a)
the use of any land, building or structure for the purposes of wrecking yards,
salvage yards, dumps, or the collection or storage of rags, junk, refuse, scrap
iron, or other scrap metals;
(b)
the use of any land, building or structure for the purposes of an adult
entertainment establishment, a body-rub establishment or massage parlour;
(c)
the use of any land, building or structure for the keeping of exotic animals;
(d)
the use of any land, building or structure for the refining or storage of hazardous
industrial products;
(e)
the use of a truck, bus, coach, railway car, or streetcar bodies or part thereof for
the purposes of any use permitted in this By-law; and
(f)
the use of a recreational motor vehicle for the living, sleeping, or eating
accommodation of persons for a period exceeding thirty (30) days per annum,
except in a campground facility.
Nothing in this Section shall be deemed to permit any other use or uses not otherwise
specifically permitted in the respective zones established in this By- law.
4.30
PUBLIC USES
The provisions of this By-law shall not apply to the use of any land or to the erection,
alteration or use of any building or structure, or portion thereof, that is owned by the
Municipality and used by the Municipality itself or by a tenant or licensee of the
Municipality so long as the tenant's or licensee's use is specifically permitted by the
lease or license agreement they have with the Municipality.
The provisions of this By-law shall not apply to the use of any land or to the erection,
alteration or use of any building or structure, or portion thereof, for the purpose of
public service by a public authority or public utility provided:
(a)
the lot coverage, setback and yard requirements of the zone in which such land,
building, or structure is located are complied with; and
(b)
no open storage shall be permitted in any Residential Zone, in a yard on a lot
adjacent to any Residential Zone, or in a yard on a lot opposite to any Residential
Zone.
4.31
SIGHT VISIBILITY TRIANGLES
(a)
Notwithstanding any other provision of this By-law and with the exception of the
Village Centre (C1) or Hamlet Commercial (C4) Zones, no building, structure,
fence or sign shall be erected and no shrubs or foliage shall be planted in such a
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61
manner as to impede vision between a height of 0.6 metres (2.0 ft) and 3.0
metres (9.8 ft) above the centreline grade of intersecting streets in the triangular
area bounded by the street lines of the corner lot and a line from the points along
the said street lines in accordance with the following:
STREET LINE MEASUREMENT
ROAD CLASSIFICATION
15.0 metres (49.2 ft)
Provincial or County
10.0 metres (32.8 ft)
Municipal - Collector Road
6.0 metres (19.7ft)
Municipal-Local Road
If two roads of different classifications intersect, the more restrictive standard
shall apply;
(b)
For a railway crossing with signals and/or gates, the required sight triangle shall
be measured 50.0 metres (164 ft) from the point on the centreline of the road to a
point 100.0 metres (328 ft) from the centreline of the nearest intersecting railway
track; and
(c)
From a railway crossing with no signals and/or gates, the required sight triangle
shall be measured 75.0 metres (246 ft) from the point on the centreline of the
road to a point 300.0 metres (984 ft) from the centreline of the nearest
intersecting railway track.
4.32
SWIMMING POOLS
The following regulations shall apply with respect to the erection or use of a swimming
pool which is not enclosed or otherwise located within a building:
(a)
no swimming pool shall be located in any yard other than in an interior side yard
or a rear yard;
(b)
no swimming pool shall be located closer than 1.5 metres (4.9 ft) to any rear lot
line or side lot line;
(c)
no part of a swimming pool shall exceed a height of 2.0 metres (6.6 ft) above
grade, exclusive of related appurtenances or facilities such as diving boards or
slides which shall not exceed 5.0 metres (16.4 ft) in height;
(d)
no swimming pool shall be considered part of the lot coverage of a lot, unless
such swimming pool is enclosed within a building; and
(e)
no swimming pool shall be permitted unless enclosed in accordance with the
Municipality's by-law governing the erection and maintenance of fences and
gates around swimming pools;
(f)
water circulating or treatment equipment, including but not necessarily limited to
pumps or filters related to a swimming pool, must be located a minimum of 0.6
metres (2 ft) from an interior side or rear lot line and no closer than 2.0 metres
(6.6 ft) from a main building.
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4.33
TELECOMMUNICATION TRANSMITTING FACILITIES AND TOWERS
Communications towers used for transmitting or receiving telephone, cellular, radio,
microwave or other electronic or optical signals, shall be subject to the following:
(a)
no communication tower shall be located on a lot unless the said lot has a
minimum lot area of 2.0 hectares (4.9 ac);
(b)
no communication tower shall be permitted in any Residential Zone; and
(c)
no communication tower and accessory buildings, structures, compounds and
enclosures shall be located within 150.0 metres (492.1 ft) of any Residential
Zone or a dwelling on a separate lot.
4.34
YARD ENCROACHMENTS AND OBSTRUCTIONS
(a)
PROJECTION INTO REQUIRED YARDS
No part of any required yard shall be obstructed by any building or structure or
portion thereof except one or more of the following:
(i)
accessory buildings or structures specifically permitted in a required yard
elsewhere in this By-law;
(ii)
architectural adornments including, but not necessarily limited to, sills, belt
courses, chimneys, gas fireplaces, cornices, eaves, gutters, parapets,
pilasters and roof trusses projecting not more than 0.6 metres (2.0 ft) into
any required yard, with the exception of any eaves of a building located in
any Residential Zone which shall be no closer than 0.6 metres (2.0 ft) to
any lot line;
(iii)
roofless, functional and ornamental structures including, but not necessarily
limited to, drop awnings, clothes poles, ornamental fountains, statues,
monuments, cenotaphs, memorials, planters, garden trellis, picnic tables,
benches, fences, boundary and retaining walls, hedgerows and legal signs
projecting into any required yard;
(iv)
unenclosed fire escapes or outside staircases in which the stair steps and
floors are latticed in such a manner that the proportion of voids to solids is
not less than two to one and in which guards consist only of hand rails and
the structural members necessary to their support, and which do not project
more than 1.5 metres (4.9 ft) into any required yard;
(v)
awnings, atriums, and bay windows projecting not more than 1.0 metre (3.3
ft) into any required yard and which do not project into any required sight
visibility triangle;
(vi)
stoops, sun decks, balconies, unenclosed porches and verandas, balconies
on top of porches or verandas, uncovered terraces and exterior steps
providing access between finished grade and either the basement or the
first storey of a building, where such structures project not more than 1.5
metres (4.9 ft) into any required front yard, exterior side yard, or rear yard,
and which do not project into any required sight visibility triangle;
(vii) central air conditioning or heat pump units, provided that such unit is
located within 3.0 metres (9.8 ft) of the main building in a front yard or an
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63
exterior side yard, or a minimum of 0.6 metres (2.0 ft) from an interior side
yard or rear lot line.
(viii) In the case of units separated by a common wall, or where the outside side
wall of a dwelling is located less than 1.2 metres (3.94 feet) from a side lot
line, the deck may extend up to either said wall, subject to the provision of a
1.5 metres (4.92 feet) high privacy fence rising from the surface of the deck
and extending along the entire side of the deck from either said wall
(b)
PROJECTION BEYOND LOT LINES
No part of any building or structure on any lot shall project beyond the lot line or
street line of such lot.
(c)
RAILWAY SPUR
Notwithstanding the yard and setback provisions of this By-Law to the contrary, a
railway spur shall be permitted within any required yard.
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5.0
AGRICULTURAL (A1) ZONE
The provisions of the Agricultural (A1) Zone shall generally apply to agricultural
development in the rural areas of the Municipality, which encompasses the majority of
the Municipality's area.
5.1
GENERAL USE REGULATIONS
5.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Agricultural (A1) Zone except for the following purposes:
-
accessory use
-
additional residential unit
-
agricultural use
-
conservation use
-
converted dwelling
-
dog kennel
-
forestry use
-
grain handling facility, existing legally on the date of the passing of this By-law
-
home occupation
-
riding school
-
single detached dwelling
-
on-farm diversified use
-
portable asphalt plant
-
wayside pit
5.1.2
MINIMUM LOT AREA
(a)
40.0 ha (99 ac)
5.1.3
MINIMUM LOT FRONTAGE
(a)
300.0 m (984 ft)
5.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
5.1.5
MINIMUM SIDE YARD SETBACK
(a)
Interior Yard:
(i)
Dwellings: 3.0 m (10 ft)
(ii)
Other Permitted Uses, excluding an accessory use: Equal to one-half
building height but not less than 4.5 m (15 ft)
(b)
Exterior Yard: 15.0 m (49 ft)
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5.1.6
MINIMUM REAR YARD SETBACK
(a)
8.0 m (26 ft)
5.1.7
REDUCED LOT REQUIREMENTS
Notwithstanding the Lot Area and Lot Frontage requirements of this Section, a lot
legally used for a single detached dwelling which is created or modified by a consent
pursuant to relevant sections of the Planning Act, R.S.O. 1990, c. P.13 shall be subject
to the following requirements:
(a) Minimum Lot Area: 2,025 m² (0.5 ac); Maximum Lot Area: 0.6 ha (1.48 ac)
(b) Minimum Lot Frontage: 30.0 m (98 ft)
5.1.8
MINIMUM FLOOR AREA
(a)
Single detached dwelling: 90.0 m² (969 ft²)
5.1.9
MAXIMUM HEIGHT
(a)
Single detached dwelling: 12.0 m (39.4 ft)
5.1.10
MAXIMUM LOT COVERAGE
(a)
20%
5.1.11
MAXIMUM NUMBER OF DWELLINGS PER LOT
(a)
One (1) principal dwelling is permitted on a lot and up to two (2) additional
residential units.
5.2
SPECIAL USE REGULATIONS
5.2.1
LIVESTOCK BARNS
In addition to the previous provisions of Section 5.0 of this By-law, livestock barns in
the Agricultural (A1) Zone shall:
(a)
conform with Minimum Distance Separation II formula (MDS II);
(b)
conform with the requirements of the Nutrient Management By-law.
5.2.2
MANURE PITS
In addition to the previous provisions of Section 5.0 of this By-law, manure pits in the
Agricultural (A1) Zone shall:
(a)
be enclosed, if the manure pit accommodates liquid manure and contains no
fixed cover, with a permanent safety fence or wall with a minimum height of 1.5
metres (5 ft) above any adjacent grade and/or access ramps and erected within
1.5 metres (5 ft) of the edge of the said pit;
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(b)
be adequate in size to accommodate the total amount of manure generated in
any 240-day period by the agricultural use;
(c)
be erected not less than 30.0 metres (98 ft) from the centreline of any municipal
drain, field drainage tile, or natural watercourse;
(d)
be erected in conformity with Minimum Distance Separation formula II (MDS II);
and
(e)
conform to the requirements of the Nutrient Management By-law.
5.2.3
MINIMUM DISTANCE SEPARATION I
Notwithstanding any other provision of this By-law to the contrary, the construction of a
dwelling shall not be permitted except in accordance with Minimum Distance
Separation (MDS I); however, MDS I shall not apply to the alteration of an existing
dwelling or the replacement of an existing dwelling with a new dwelling provided the
new dwelling is situated no closer to a livestock barn or manure pit than the dwelling
being replaced.
5.2.4
DOG KENNELS & DOG RUNS
In addition to previous provisions of Section 5.0 of this By-law, the following provisions
shall apply to dog kennels and dog runs in the Agricultural (A1) Zone:
(a)
minimum area for dog runs: 10.0 m² (108 ft²)
(b)
maximum number of runs
4
(c)
minimum distance from a dwelling situated on a separate lot: 150.0 m (492 ft)
5.3
EXCEPTIONS
5.3.1
(a)
DEFINED AREA: A1-1 as shown on Schedule A, Key Map 6
(b)
PERMITTED USE RESTRICTION:
-
No single detached dwelling or single detached dwelling accessory to an
agricultural use shall be permitted.
5.3.2
(a)
DEFINED AREA: A1-2 as shown on Schedule A, Key Map 38
(b)
PERMITTED USE RESTRICTION:
-
No buildings shall be permitted for livestock purposes.
5.3.3
(a)
DEFINED AREA: A1-3 as shown on Schedule A, Key Map 34
(b)
PERMITTED USE RESTRICTION:
-
Maximum number of 30 livestock units for confined cattle and 20 livestock
units for all other types of livestock.
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5.3.4
(a)
DEFINED AREA: A1-4 as shown on Schedule A, Key Map 44
(b)
PERMITTED USES:
-
farm-related truck terminal
-
all other permitted uses of the A1 zone
5.3.5
(a)
DEFINED AREA: A1-5 as shown on Schedule A, Key Map 48
(b)
PERMITTED USES:
-
commercial grain handling facility
-
farm chemical and fertilizer storage and sales as an accessory use
-
all other permitted uses of the A1 zone
(c)
MAXIMUM ENCLOSED GRAIN STORAGE CAPACITY: 500,000 bushels
5.3.6
(a)
DEFINED AREA: A1-6 as shown on Schedule A, Key Map 50 & Key Map 61
(b)
PERMITTED USES:
-
animal hospital
-
all other permitted uses of the A1 zone
5.3.7
(a)
DEFINED AREA: A1-7 as shown on Schedule A, Key Map 60
(b)
PERMITTED USES:
-
open storage of buses
-
repair and servicing of buses and related licensed vehicles
-
all other permitted uses of the A1 zone
5.3.8
(a)
DEFINED AREA: A1-8 as shown on Schedule A, Key Map 36
(b)
PERMITTED USES:
-
farm-related truck terminal
-
all other permitted uses of the A1 zone
5.3.9
(a)
DEFINED AREA: A1-9 as shown on Schedule A, Key Map 82, to this By-law
(b)
MINIMUM LOT FRONTAGE: 0 m (0 ft)
(c)
SPECIAL PROVISION: Notwithstanding Section 4.9 of this By-law, buildings or
structures may be erected provided all other regulations of this By-law are
satisfied.
5.3.10
(a)
DEFINED AREA: A1-10 as shown on Schedule A, Key Map 52
(b)
PERMITTED USES:
-
agricultural processing establishment
-
all other permitted uses of the A1 zone
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5.3.11
(a)
DEFINED AREA: A1-11 as shown on Schedule A, Key Map 88
(b)
MAXIMUM LOT COVERAGE EXCEPTION: Notwithstanding any other provision
of this By-law, the maximum lot coverage for dwellings and buildings accessory
to dwellings shall be 10%.
5.3.12
(a)
DEFINED AREA: A1-12 as shown on Schedule A, Key Map 39, to this By-law
(b)
MINIMUM LOT AREA: 37.4 ha (92.6 ac)
5.3.13
(a)
DEFINED AREA: A1-13 as shown on Schedule A, Key Map 84, to this By-law
(b)
PERMITTED USES:
-
animal hospital
-
all other permitted uses of the A1 zone
5.3.14
(a)
DEFINED AREA: A1-14 as shown on Schedule A, Key Map 34
(b)
MINIMUM LOT AREA: 36.7 ha (90.6 ac)
5.3.15
(a)
DEFINED AREA: A1-15 as shown on Schedule A, Key Map 30
(b)
PERMITTED USE RESTRICTION:
-
no single detached dwelling shall be permitted
(c)
MINIMUM LOT FRONTAGE: 0 m (0 ft)
5.3.16
(a)
DEFINED AREA: A1-16 as shown on Schedule A, Key Map 76
(b)
PERMITTED USE RESTRICTION:
-
no single detached dwelling shall be permitted
(c)
MINIMUM LOT FRONTAGE: 189 m (620 ft)
5.3.17
(a)
DEFINED AREA: A1-17 as shown on Schedule A, Key Map 91
(b)
MINIMUM LOT AREA: 13.6 ha (33.6 ac)
(c)
LIVESTOCK BARNS AND MANURE PITS EXCEPTION: Notwithstanding any
other provision of this By-law, no livestock barns and/or manure pits shall be
erected unless in conformity with Minimum Distance Separation formula II (MDS
II).
5.3.18
(a)
DEFINED AREA: A1-18 as shown on Schedule A, Key Map 85, to this By-law
(b)
MINIMUM LOT AREA: 15.2 ha (37.6 ac)
5.3.19
(a)
DEFINED AREA: A1-19 as shown on Schedule A, Key Map 40, to this By-law
(b)
MINIMUM LOT FRONTAGE: 70 m (229 ft)
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(c)
MINIMUM LOT AREA: 32.79 ha (81 ac)
5.3.20
(a)
DEFINED AREA: A1-20 as shown on Schedule A, Key Map 69, to this By-law
(b)
MINIMUM LOT AREA: 25.32 ha (62.57 ac)
5.3.21
(a)
DEFINED AREA: A1-21 as shown on Schedule 'A', Key Map 30, to this By-law
(b)
MINIMUM LOT FRONTAGE: 199.35 metres (654 ft)
(c)
MINIMUM LOT AREA: 6.07 ha (15 ac)
5.3.22
(a)
DEFINED AREA: A1-22 as shown on Schedule 'A', Key Map 1
(b)
MINIMUM LOT AREA: 36.58 ha (90.39 ac)
5.3.23
(a)
DEFINED AREA: A1-23 as shown on Schedule 'A', Key Map 69
(b)
MINIMUM LOT AREA: 28.265 ha (69.84 ac)
5.3.24
(a)
DEFINED AREA: A1-24 as shown on Schedule "A", Key Map 87
(b)
PERMITTED USES
-
Market Garden
-
all other permitted uses of the A1 zone
5.3.25
(a)
DEFINED AREA: A1-25 as shown on Schedule "A", Key Map U-12
(b)
MINIMUM DISTANCE SEPARATION I EXCEPTION: Notwithstanding any other
provisions of this By-law, the Minimum Distance Separation I formula shall not
apply.
(c)
MINIMUM INTERIOR SIDE YARD SETBACK: Notwithstanding any other
provisions of this By-law, the minimum setback for a single-detached dwelling
from the southerly interior side lot line shall be 30 metres (98 ft).
5.3.26
null
5.3.27
(a)
DEFINED AREA: A1-27 as shown on Schedule 'A', Key Map 40, to this By-law
(b)
MINIMUM LOT AREA: 33.4 ha (82.58 ac)
5.3.28
(a)
DEFINED AREA: A1-28 as shown on Schedule 'A', Key Maps 30 and U-12, to
this By-law
(b)
MINIMUM LOT AREA: 32.7 ha (80.82 ac)
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5.3.29
(a)
DEFINED AREA: A1-29 as shown on Schedule 'A', Key Map 91, to this by-law
(b)
PERMITTED USES:
-
baseball diamonds
-
soccer pitches
-
parking lot accessory to the main church use
(c)
MINIMUM LOT AREA: 2.4 ha (5.93 ac)
(d)
MINIMUM LOT FRONTAGE: 89.346 m (293.13 ft)
5.3.30
(a)
DEFINED AREA: A1-30 as shown on Schedule 'A', Key Map 91, to this by-law
(b)
PROHIBITED USE: Notwithstanding the permitted uses in Subsection 5.1.1, the
following use shall be prohibited:
-
agricultural use, intensive livestock
(c)
MINIMUM LOT AREA: 12 ha (29.65 ac)
5.3.31
(a)
DEFINED AREA: A1-31 as shown on Schedule 'A', Key Map 83, to this by-law
(b)
PERMITTED USES:
-
Additional residential unit within an accessory building (garage). The
accessory building may be located closer to the exterior side yard or front
yard that the main building, but no closer to the exterior side yard than 15
metres of the lot line or 38 metres from the centerline of the County Road
(front yard).
-
All other permitted uses of the A1 zone
5.3.32
null
5.3.33
(a)
DEFINED AREA: A1-33 as shown on Schedule 'A', Key Map 42, to this by-law
(b)
PERMITTED USES:
-
Additional residential unit within an accessory building (garage). The
accessory building may be located closer to the front yard or front yard than
the main building, but no closer to the front lot line or 38 metres from the
centerline of the County Road
-
All other permitted uses of the A1 zone
(c)
ACCESSORY STRUCTURES:
-
Maximum Height: 8.8m
-
Minimum Setback from the front lot line: 7m
-
Accessory Structures permitted in front yard of the main building
5.3.34
(a)
DEFINED AREA: A1-34 as shown on Schedule 'A', Key Map U-12, to this by-law
(b)
MINIMUM LOT AREA: 10.3 ha (25.5 ac)
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(c)
MINIMUM LOT FRONTAGE: 255.14 m (837.07 ft)
5.3.35
(a)
DEFINED AREA: A1-35 as shown on Schedule 'A', Key Map 78, to this by-law
(b)
MINIMUM LOT AREA: 40.28 acres (16.3 hectares)
5.3.36
(a)
DEFINED AREA: A1-36(h-2)(h-3)(h-8) as shown on Schedule 'A', Key Map 42, to
this by- law
(b)
PERMITTED USES:
-
'Farm Wedding Venue'
-
All other permitted uses of the A1 zone
(c)
MINIMUM SETBACK OF THE A1-36(h-2)(h-3)(h-8): 1 m (3.3 ft)
5.3.37
(a)
DEFINED AREA: A1-37 as shown on Schedule 'A', Key Map 90, to this by law
(b)
PERMITTED USES:
-
Additional residential unit within an accessory building (garage)
-
All other Permitted uses of the Agricultural (A1) zone
(c)
ACCESSORY STRUCTURES: Notwithstanding Section 4.2 the following
standards shall apply:
-
Maximum Height: 7.0 m (23 ft)
-
Maximum Floor Area: 193 m² (2,077 ft²)
5.3.38
(a)
DEFINED AREA: A1-38 as shown on Schedule 'A', Key Map 88, to this by- law
(b)
MINIUMUM LOT AREA: 37.58 acres (15.2 hectares)
5.3.39
(a)
DEFINED AREA: A1-39 as shown Key Map 90, to this by law
(b)
PERMITTED USES:
-
2 Unit within an accessory building (existing single detached dwelling)
-
All other permitted uses of Agricultural (A1) zone
(c)
ACCESSORY STRUCTURES: Notwithstanding Section 4.2 the following
standards shall apply to the existing accessory building containing the additional
residential unit:
-
Maximum Height: 9.0 m (29.5 ft)
5.3.40
(a)
DEFINED AREA: A1-40 as shown on Schedule "A", Key Map 11
(b)
PERMITTED USES:
-
Cidery
-
All other permitted uses of Agricultural (A1) zone
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(c)
DEFINTION: Cidery means the use of land, building or structures for the
processing of fruit including the fermentation, production, ageing and storage of
cider where the fruit used in the production of the cider is locally or regionally
grown. A Cidery may also include and accessory tasting and hospitality area, and
a retail sales of the products on-site.
5.3.41
(a)
DEFINED AREA: A1-41 as shown on Key map 21, to this by-law
(b)
PERMITTED USES:
-
additional residential unit within an agricultural building
-
Ambulatory Mobile Animal Hospital
-
All other permitted uses of the Agriculture (A1) zone
(c)
ADDITIONAL RESIDENTIAL UNIT WITHIN AN AGRICULTURAL BUILDING:
-
Maximum Floor Area 109 m² (1,173 ft²)
5.3.42
(a)
DEFINED AREA: (lot 17, concession 7 - LONDON twp.) A1-42 as shown on
Schedule A, Map 62
(b)
PERMITTED USES:
-
commercial grain handling facility
-
farm-related truck terminal
-
farm chemical and fertilizer storage and sales as an accessory use
-
office as an accessory use
-
all other permitted uses of the A1 zone
5.3.43
(a)
DEFINED AREA: A1-43 as shown on Schedule 'A', Key Map 35
(b)
MINIMUM LOT AREA: 29.7 ha (73.39 ac)
5.3.44
(a)
DEFINED AREA: A1-44 as shown on Schedule "A", Key Map 36
(b)
MINIMUM LOT AREA: 3.0 ha (7.4 ac)
(c)
MINIMUM LOT FRONTAGE: 20.0 m (65.6 ft)
5.3.45
(a)
DEFINED AREA: A1-45 as shown on Schedule "A", Key Map 81
(b)
PERMITTED USES:
-
Self storage establishment within an existing building on the land
-
All other permitted uses of the A1 zone
(c)
MINIMUM LOT FRONTAGE: 92 m (302 ft)
(d)
MINIMUM LOT AREA: 2 ha (4.9 ac)
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5.3.46
(a)
DEFINED AREA: A1-46 as shown on Schedule 'A', Key Map 81, to this by-law
(b)
MINIMUM LOT FRONTAGE: 120 m (394 ft)
(c)
MINIMUM LOT AREA 2: ha (4.9 ac)
5.3.47
(a)
DEFINED AREA: A1-47 as shown on Schedule "A", Key Map 6
(b)
MINIMUM LOT AREA:23.7 ha (58.5 ac)
5.3.48
(a)
DEFINED AREA: A1-48 as shown on Schedule "A", Key Map 11
(b)
MINIMUM LOT AREA: 31.6 ha (78.9 ac)
(c)
MINIMUM LOT FRONTAGE: 79.5 m (260.8 ft)
5.3.49
(a)
DEFINED AREA: A1-49 as shown on Schedule "A", Key Map 63
(b)
PERMITTED USES:
-
Existing Apartment Dwelling units, up to 3 units, within an existing building
as of the date of the passing of this By-law and notwithstanding Section
5.1.11 of this By-law. Section 1.3 of this By-law shall also apply.
5.3.50
(a)
DEFINED AREA: A1-50 as shown on Schedule "A", Key Map 43
(b)
MINIMUM LOT AREA: 22.39 ha (55.35 ac)
5.3.51
(a)
DEFINED AREA: A1-51 as shown on Schedule "A", key map 60
(b)
MINIMUM LOT AREA: 20 ha (49.4 ac)
5.3.52
(a)
DEFINED AREA: A1-52 as shown on Schedule "A", key map 65
(b)
MINIMUM LOT AREA: 35.5 ha (87.7 ac)
5.4
TEMPORARY USES
NUMBER STATUS
5.4.1
EXPIRED on January 6, 2013
5.4.2
EXPIRED on March 17, 2013
5.4.3
EXPIRED on May 18, 2014
5.4.4
EXPIRED on September 19, 2015.
5.4.5
EXPIRED on June 19, 2016.
5.4.6
EXPIRED ON July 24, 2015
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NUMBER STATUS
5.4.7
EXPIRED ON March 19, 2017.
5.4.8
EXPIRED ON April 16, 2017.
5.4.9
EXPIRED ON May 21, 2017.
5.4.10
EXPIRED on June 24, 2018.
5.4.11
EXPIRED on July 29, 2018.
5.4.12
EXPIRED ON August 12, 2017.
5.4.13
EXPIRED on September 16, 2018.
5.4.14
EXPIRED on February 22, 2019.
5.4.15
EXPIRED on April 19, 2020.
5.4.15
EXPIRED on July 12, 2020
5.4.16
EXPIRED ON May 24, 2018.
5.4.17
EXPIRED ON February 21, 2020.
5.4.18
EXPIRED ON March 28, 2020
5.4.18
EXPIRED ON August 15,2020
5.4.18
EXPIRED ON October 24, 2020
5.4.19
EXPIRED ON February 20, 2022
5.4.19b
EXPIRED ON August 14 2022
5.4.20
EXPIRED ON March 20, 2022
5.4.21
EXPIRED ON April 24, 2022.
5.4.22
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 53
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwelling is to remain on the subject property for a temporary period, in
addition to a new single-detached dwelling and other uses permitted in
Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
March 15th, 2026.
5.4.23
EXPIRED ON January 20, 2024.
5.4.24
EXPIRED ON March 24, 2024.
5.4.25
EXPIRED ON April 28, 2024.
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NUMBER STATUS
5.4.26
EXPIRED ON July 14, 2024.
5.4.27
EXPIRED ON September 22, 2024.
5.4.28
EXPIRED ON January 12, 2025.
5.4.29
EXPIRED ON July 20, 2025.
5.4.30
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 90
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
September 18, 2028.
5.4.31
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 27
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
February 15, 2026.
5.4.32
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 90
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
May 17, 2026.
5.4.33
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 15
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
August 16, 2026.
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76
NUMBER STATUS
5.4.34
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 60
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
August 16, 2026.
5.4.35
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 82
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
October 18, 2026.
5.4.36
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 15
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) EXPIRATION: The provisions of this zoning category will expire on
November 20, 2027.
5.4.37
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 22
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) MINIMUM SIDE YARD SETBACK:
(a) Interior Yard:
(i) Dwellings: 3.0 m (10 ft); 200 m (656 ft) from a 'Grain
Handling Facility'
(d) EXPIRATION: The provisions of this zoning category will expire on
February 26, 2028.
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77
NUMBER STATUS
5.4.38
(a) DEFINED AREA: A1(t-1) as shown on Schedule "A", Key Map 82
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwellings are to remain on the subject property for a temporary period,
in addition to a new single-detached dwelling and other uses permitted
in Section 5.1.1 of this By-law.
(c) MINIMUM SIDE YARD SETBACK: In conjunction with Section 5.1.5
of this Zoning By-law and notwithstanding Section 4.18 of this Zoning
By-law, the nearest main wall of a dwelling shall not be constructed
within 120 m (393.7 ft) to the property line limit of a railway right-of-way,
or 30 m (98.4 ft) to the property line limit of a railway right-of-way where
a berm is constructed to the satisfaction of the Municipality.
(d) EXPIRATION: The provisions of this zoning category will expire in
September 17th, 2028.
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78
6.0
AGRICULTURAL - NO RESIDENCES (A3) ZONE
The provisions of the Agricultural - No Residences (A3) Zone shall generally apply to
agricultural holdings that are retained following the severance of surplus farm
residences.
6.1
GENERAL USE REGULATIONS
6.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Agricultural - No Residences (A3) Zone except for the following purposes:
-
accessory use, excluding any residential uses
-
agricultural use, excluding any residential uses
-
conservation use
-
dog kennel
-
forestry use
-
grain handling facility, existing legally on the date of the passing of this By-law
-
riding school
-
on-farm diversified uses
-
portable asphalt plant
-
wayside pit
6.1.2
MINIMUM LOT AREA
(a)
The lesser of 40 hectares (99 ac) or as it existed on the day that the residential
use ceased.
6.1.3
MINIMUM LOT FRONTAGE
(a)
The lesser of 300.0 metres (984 ft) or as it existed on the day that the residential
use ceased.
6.1.4
MINIMUM FRONT YARD SETBACK
(a)
In accordance with Section 4.19 of this By-law
6.1.5
MINIMUM SIDE YARD SETBACK
(a)
Interior Yard: Equal to one-half building height but not less than 4.5 m (15 ft)
(b)
Exterior Yard: In accordance with Section 4.19 of this By-law
6.1.6
MININUM REAR YARD SETBACK
(a)
Equal to one-half building height but not less than 4.5 m (15 ft)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
79
6.1.7
MAXIMUM LOT COVERAGE
(a)
20%
6.1.8
LIVESTOCK BARNS
In addition to the previous provisions of Section 7.0 of this By-law, livestock barns in
the Agricultural - No Residences (A3) Zone shall comply with the Minimum Distance
Separation (MDS) II formula.
6.1.9
MANURE PITS
In addition to the previous provisions of Section 7.0 of this By-law, manure pits in the
Agricultural - No Residences (A3) Zone shall:
(a)
be enclosed, if the manure pit accommodates liquid manure and contains no
fixed cover, with a permanent safety fence or wall with a minimum height of 1.5
metres (5 ft) above any adjacent grade and/or access ramps and erected within
1.5 metres (5 ft) of the edge of the said pit;
(b)
be adequate in size to accommodate the total amount of manure generated in
any 240-day period by the agricultural use;
(c)
be erected not less than 30.0 metres (98 ft) from the centreline of any municipal
drain, field drainage tile, or natural watercourse; and
(d)
be erected in compliance with the Minimum Distance Separation (MDS) II
formula.
6.1.10
DOG KENNELS & DOG RUNS
In addition to previous provisions of Section 7.0 of this By-law, the following provisions
shall apply to dog kennels and dog runs in the Agricultural - No Residences (A3)
Zone:
(a)
minimum area for dog runs: 10.0 m² (108 ft²)
(b)
minimum distance from a dwelling situated on a separate lot: 150.0 m (492 ft)
6.2
SPECIAL USE REGULATIONS
None.
6.3
EXCEPTIONS
6.3.1
(a)
DEFINED AREA: A3-1 as shown on Schedule A, Key Map 34, to this By-law
(b) INTERIOR SIDE YARD SETBACK FOR AN EXISTING AGRICULTURAL
STORAGE BUILDING: 1.9 m (6.23 ft)
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80
6.3.2
(a)
DEFINED AREA: A3-2 as shown on Schedule A, Key Map 58, to this By-law
(b) INTERIOR SIDE YARD SETBACK FOR AN EXISTING AGRICULTURAL
STORAGE BUILDING:1.78 m (5.84 ft)
6.3.3
(a)
DEFINED AREA: A3-3 as shown on Schedule A, Key Map 90, to this By-law
(b) INTERIOR SIDE YARD SETBACK FOR AN EXISTING AGRICULTURAL
STORAGE BUILDING: 1.5 m (4.92 ft)
6.4
TEMPORARY USES
None.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
81
7.0
URBAN RESIDENTIAL FIRST DENSITY (UR1)
ZONE
The provisions of the Urban Residential First Density (UR1) Zone shall apply to low
density residential development in the villages of the Municipality, which are generally
serviced by public water supply and sanitary sewer systems.
7.1
GENERAL USE REGULATIONS
7.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Urban Residential First Density (UR1) Zone except for the following purposes:
-
accessory use
-
additional residential units
-
home occupation
-
semi-detached dwelling
-
single detached dwelling
-
townhouse dwelling, street
-
townhouse dwelling
-
multiple unit dwelling
7.1.2
MINIMUM LOT AREA
a)
Single detached Dwelling: 400 m²
b)
Semi-detached Dwelling and Duplex: 200 m²
c)
Street Townhouse Dwelling: 180 m² / unit
d)
Townhouse Dwelling and Multiple-Unit Dwelling: 150 m² / unit
7.1.3
MINIMUM LOT FRONTAGE
(a)
Single Unit Dwelling: 12.0 m (39.0 ft)
(b)
Semi-detached Dwelling and Duplex: 7.0 m (23.0 ft) / unit
(c)
Street Townhouse and Townhouse Dwelling: 6.0m (20.0 ft) / interior unit; 7.5m
(25.0 ft) / unit for end units
(d)
Multiple-Unit Dwelling: 15.0 m (49.0 ft)
7.1.4
MINIMUM FRONT YARD SETBACK
(a)
4.5 m (14.8 ft) to the habitable portion of the dwelling
(b)
6.0 m (20.0 ft) to an attached garage
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82
7.1.5
MINIMUM SIDE YARD SETBACK
(a)
single detached, semi-detached, townhouse, street townhouse:
-
1.2m (4.0ft) interior
-
5.0m (16ft) exterior, or 6.0m (20ft) where vehicle access is provided
(b)
multiple unit dwellings:
-
1.2 m (4 ft) interior, plus 0.5 m per each metre of building height over 9.0 m
(29.5 ft)
-
5.0 m (16 ft) exterior, or 6.0 m (20 ft) where vehicle access is provided
Provided that no side yard shall be required between the common wall dividing
individual semi-detached dwelling units, townhouses dwelling units, street townhouse
dwelling units and multiple unit dwelling units
7.1.6
MINIMUM REAR YARD SETBACK
(a)
Single detached, semi-detached, street townhouse and townhouse: 7.0 m
(23.0 ft)
(b)
Multiple unit dwelling: 8.0 m (26.0 ft)
*No rear yard setback shall be required on the side where two dwelling units are
attached by a common wall extending along the rear lot line separating such lots.
7.1.7
MAXIMUM LOT COVERAGE
(a)
main building: 40%
(b)
all buildings and structures subject to Accessory Use provisions 4.1: 45%
7.1.8
MAXIMUM HEIGHT
(a)
All dwellings: 12.0 m (39.4 ft)
7.1.9
MAXIMUM NUMBER OF DWELLINGS PER LOT
(a)
one (1) principal dwelling is permitted on a lot plus additional residential units in
accordance with Section 4.2 of this By-law.
(b)
Four (4) dwelling units.
7.2
SPECIAL USE REGULATIONS
7.2.1
MUNICIPAL SERVICES
No dwelling shall be erected, used or altered unless such dwelling is connected to a
public water supply system and a public sanitary sewage system.
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83
7.3
EXCEPTIONS
7.3.1
(a)
DEFINED AREA: UR1-1 as shown on Schedule A, Map U-7
(b)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.0 m (3 ft) on one side and 1.5 m (5 ft) on the other side
(ii)
corner lot: 3.5 m (11 ft) on the side abutting the road and 1.0 m (3 ft) on the
other side
(b)
MINIMUM SEPARATION DISTANCE FROM A GRAIN HANDLING FACILITY:
250.0 m (820 ft)
7.3.2
(a)
DEFINED AREA: UR1-2 as shown on Schedule A, Map U-7
(b)
MINIMUM SIDE YARD WIDTH:
(i)
interior lot: 1.0 m (3 ft) on one side and 1.5 m (5 ft) on the other side
(ii)
corner lot: 3.0 m (9 ft) on the side abutting the road and1.2 m (4 ft) on the
other side
7.3.3
(a)
DEFINED AREA: UR1-3 as shown on Schedule A, Map U-8 & Map U-9
(b)
MINIMUM LOT AREA: 930.0 m² (0.23 ac)
(c)
MINIMUM LOT FRONTAGE: 24.0 m (79 ft)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 3.0 m (10 ft)
(ii)
corner lot: 8.0 m (26 ft) on the side abutting the road and 3.0 m (10 ft) on
the other side
7.3.4
(a)
DEFINED AREA: UR1-4 as shown on Schedule A, Map U-8 & Map U-9
(b)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(c)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 3.0 m (10 ft) on one side and 2.0 m (7 ft) on the other side
(ii)
corner lot: 8.0 m (26 ft) on one side and 2.0 m (7 ft) on the other side
(d)
MAXIMUM HEIGHT: 8.5 m (28 ft)
7.3.5
(a)
DEFINED AREA: UR1-5 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT AREA: 300.0 m² (3,229 ft²)
(c)
MINIMUM LOT FRONTAGE: 10.0 m (33 ft)
(d)
MINIMUM SIDE YARD SETBACK:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
84
(i)
3.0 m (10 ft) shall be required on one side of any dwelling without an
attached garage or carport; and
(ii)
0 m shall be required on one side of a single detached dwelling having no
exterior doors, windows or other openings within the yard width that
otherwise would be required, and having all roof drainage directed onto the
lot of that dwelling, and having a registered private maintenance easement
of at least 2.0 m (7 ft) width and an eave and footing encroachment
easement on the adjacent lot.
7.3.6
(a)
DEFINED AREA: UR1-6 as shown on Schedule A, Map U-9
(b)
PERMITTED USES:
-
semi-detached dwelling
-
all other permitted uses of the UR1 zone
(c)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(d)
ZONE REQUIREMENTS: The zone requirements of the UR1-7 Zone shall apply
to a single detached dwelling and to each unit of a semi-detached dwelling,
provided further that:
(i)
a minimum interior side yard of 0 m shall be required along the lot line of
the common wall of a semi-detached dwelling.
7.3.7
(a)
DEFINED AREA: UR1-7 as shown on Schedule A, Map U-8 and Map U-9
(b)
MINIMUM LOT AREA: 700.0 m² (7,535 ft²)
(c)
MINIMUM LOT FRONTAGE: 20.0 m (66 ft)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
7.3.8
(a)
DEFINED AREA: UR1-8 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT AREA: 700.0 m² (7,535 ft²)
(c)
MINIMUM LOT FRONTAGE: 14.5 m (48 ft)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
7.3.9
(a)
DEFINED AREA: UR1-9 as shown on Schedule A, Map U-9
(b)
MINIMUM SETBACK FROM SOUTHERLY LOT LINE: 38.0 m (125 ft)
7.3.10
(a)
DEFINED AREA: UR1-10 as shown on Schedule A, Map U-7
(b)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(c)
BUILDING RESTRICTIONS: Notwithstanding all other provisions of this By-law,
no buildings or structures are permitted to be placed within any portion of the lot
located 45 metres or greater from the front lot line.
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7.3.11
(a)
DEFINED AREA: UR1-11 as shown on Schedule A, Map U-7 and Map U-9
(b)
MINIMUM FRONT YARD SETBACK 8.0 m (26 ft)
7.3.12
(a)
DEFINED AREA: UR1-12 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT AREA: 550.0 m² (5,920 ft²)
(c)
MINIMUM LOT FRONTAGE: 18.0 m (59 ft)
(d)
MINIMUM FRONT YARD SETBACK: 10.0 m (33 ft)
(e)
MINIMUM SIDE YARD SETBACK: 3.0 m (10 ft)
7.3.13
(a)
DEFINED AREA: UR1-13 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT AREA: 650.0 m² (6,996 ft²)
(c)
MINIMUM LOT FRONTAGE: 18.0 m (59 ft)
(d)
MINIMUM SIDE YARD SETBACK: 3.0 m (10 ft) on one side and 2.0 m (7 ft) on
the other side
7.3.14
(a)
DEFINED AREA: UR1-14 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT AREA: 550.0 m² (5,920 ft²)
(c)
MINIMUM LOT FRONTAGE: 18.0 m (59 ft)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 3.0 m (10 ft)
(ii)
corner lot: 8.0 m (26 ft) on the side abutting the road and 3.0 m (10 ft) on
the other side
7.3.15
(a)
DEFINED AREA: UR1-15 as shown on Schedule A, Map U-8
(b)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.8 m (6 ft) on both sides
7.3.16
(a)
DEFINED AREA: UR1-16 as shown on Schedule A, Map U-9
(b)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(c)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.0 m (3 ft) on one side and 1.5 m (5 ft) on the other side;
notwithstanding the foregoing, a setback of 2.4 m (7.9 ft) shall be required
for all lots adjacent to Block 48 on Registered Plan 33M-630
(ii)
corner lot: 3.0 m (9 ft) on the side abutting the road and 1.2 m (4 ft) on the
other side
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7.3.17
(a)
DEFINED AREA: UR1-17 as shown on Schedule A, Map U-9
(b)
MINIMUM LOT FRONTAGE: 14.5 m (48 ft)
(c)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(d)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.0 m (3 ft) on one side and 1.5 m (5 ft) on the other side
(ii)
corner lot: 3.0 m (9 ft) on the side abutting the road and 1.2 m (4 ft) on the
other side
7.3.18
(a)
DEFINED AREA: UR1-18 as shown on Schedule A, Map U-7
(b)
PERMITTED USES:
-
single detached dwellings
(c)
MINIMUM LOT AREA: 300 m² (3,229 ft²) per dwelling unit
(d)
MINIMUM LOT FRONTAGE: 11.5 m (38 ft)
(e)
MINIMUM FRONT YARD SETBACK: 6.0 m (20 ft.) except that where a front lot
line abuts a temporary turning circle block, the front yard setback shall be
measured from the street line of the block as though the block formed a part of
the lot.
(f)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.0 m (3 ft) on one side and 1.5 m (5 ft) on the other side
(ii)
corner lot: 3.5 m (11 ft) on the side abutting the road and 1.0 m (3 ft) on the
other side
7.3.19
(a)
DEFINED AREA: UR1-19 as shown on Schedule A, Key Map U-8
(b)
MINIMUM LOT: 23.0 m (75 ft)
(c)
MINIMUM LOT AREA: 850.0 m² (9,150 ft²)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 2.0 m (7 ft) on one side and 3 m (10 ft) on the other side
(ii)
corner lot: 8.0 m (26 ft) on the side abutting the road and 2.0 m (7 ft) on the
other side
7.3.20
(a)
DEFINED AREA: UR1-20 as shown on Schedule A, Key map U-9
(b)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.5 m (5 ft) on both sides
(c)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
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(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
7.3.21
(a)
DEFINED AREA: UR1-21 (h-1) as shown on Schedule A, Key Map U-8
(b)
MINIMUM LOT FRONTAGE: 12.0 m (39.4 ft)
(c)
MINIMUM LOT AREA: 360 m² (3,875 ft²)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
habitable portion of the dwelling: 4.5 m (14.7 ft)
(ii)
attached garage: 6.0 m (19.7 ft)
(e)
MINIMUM SIDE YARD SETBACK: 1.2 m (3.9 ft) on both sides
(f)
MINIMUM REAR YARD SETBACK: 7.0 m (23 ft)
(g)
MAXIMUM LOT COVERAGE: 40%
(h)
MAXIMUM HEIGHT: 10.5 m (34.4 ft)
7.3.22
(a)
DEFINED AREA: UR1-22 as shown on Schedule A, Key Map U-8
(b)
MINIMUM FRONT YARD SETBACK: 7.0 metres (23.0 ft)
7.3.23
(a)
DEFINED AREA: UR1-23 as shown on Schedule A, Key Map U-8
(b)
MINIMUM FRONT YARD SETBACK:
(i)
habitable portion of the dwelling: 4.0 m (13.1 ft)
(ii)
attached garage: 6.0 m (19.7 ft)
7.3.24
(a)
DEFINED AREA: UR1-24 as shown on Schedule A, Key Map U-8
(b)
MINIMUM FRONT YARD SETBACK: 8.0 metres (26.2 ft)
(c)
MINIMUM EXTERIOR SIDE YARD SETBACK: 7.0 metres (23.0 ft)
7.3.25
(a)
DEFINED AREA: UR1-25 as shown on Schedule 'A', Key Map U-7
(b)
MINIMUM FRONT YARD SETBACK: 6.0 m (19.69 ft)
(c)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.2 m (3.94 ft)
(d)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
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(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
7.3.26
(a)
DEFINED AREA: UR1-26 as shown on Schedule "A", Key Map U-9, to this By-
law
(b)
MINIMUM LOT FRONTAGE: 17.346 m (57 ft)
(c)
MINIMUM LOT AREA: 860 m² (0.21 ac)
(d)
MINIMUM FRONT YARD SETBACK: 8.0 m (26 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 3.0 m (10 ft)
(ii)
corner lot: 8.0 m (26 ft) on the side abutting the road and 3.0 m (10 ft) on
the other side
7.3.27
(a)
DEFINED AREA: UR1-27 as shown on Schedule 'A', Key Map U-8, to this By-law
(b)
MINIMUM LOT AREA: 340.0 m² (3,659.73 ft²)
(c)
MINIMUM LOT FRONTAGE: 13.0 m (42.7 ft)
(d)
MINIMUM LOT DEPTH: 20.8 m (68.2 ft)
(e)
MINIMUM FRONT YARD SETBACK:
-
4.5 m (14.8 ft) for the habitable portion of the dwelling
-
5.5 m (18.0 ft) for an attached garage
(f)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.2 m (3.9 ft)
(g)
MINIMUM EXTERIOR SIDE YARD SETBACK:
-
1.2 m (3.9 ft) (Units 18, 20, 21, 23 and 35)
-
2.2 m (7.2 ft) (Unit 24)
(h)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(i)
MAXIMUM HEIGHT: 7.0 m (22.97 ft) for a dwelling unit within 15.2 m (49.87 ft) of
the easterly property boundary (Units 21-24 inclusive)
(j)
MAXIMUM LOT COVERAGE: 50%
(k)
NUMBER OF DETACHED DWELLING UNITS: Notwithstanding any other
provisions of this By-law, multiple single- detached dwellings are permitted on a
single lot in advance of the registration of a vacant land condominium plan
against the land. All other provisions of this zoning category must be adhered to
as if the vacant land condominium plan, forming part of the condominium
agreement that applies to the land, is registered.
This clause shall not apply after the registration of a vacant land condominium
plan against the land.
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(l)
REAR YARD ENCROACHMENTS FOR UNITS 10 TO 23: Notwithstanding any
other provisions of this by-law, the maximum encroachment for decks and/or
exterior steps into a required rear yard setback shall be 3.65 metres (12 ft).
(m) REAR YARD ENCROACHMENTS FOR UNITS 24 TO 29: The following
provisions shall apply to decks and/or exterior steps that extend beyond the
encroachments that are permitted in Section 4.30 (vi) of this By-law:
(i)
Unit 24: An upper deck shall be permitted to extend up to 3.65 metres (12
ft) from the existing single-detached dwelling up to a maximum width of
2.74 metres (9 ft). A lower deck shall be permitted to extend up to 3.96
metres (13 ft) from the existing single-detached dwelling up to a maximum
width of 4.57 metres (15 ft).
(ii)
Unit 25: An upper deck shall be permitted to extend up to 3.05 metres (10
ft) from the existing single-detached dwelling up to a maximum width of
1.22 metres (4 ft). The remaining portion of the upper deck shall be
permitted to extend up to 1.82 metres (6 ft) from the existing single-
detached dwelling.
(iii)
Unit 26: An upper deck shall be permitted to extend up to 3.7 metres (12.14
ft) from the existing single-detached dwelling up to a maximum width of
3.35 metres (11 ft). Stairs with a width of up to 1.1 metres (3.6 ft) shall be
permitted to extend from the upper deck but shall not be any closer to the
rear lot line than 2.64 metres (8.66 ft).
(iv)
Unit 27: An upper deck shall be permitted to extend up to 2.44 metres (8 ft)
from the existing single-detached dwelling up to a maximum width of 3.66
metres (12 ft).
(v)
Unit 28: An upper deck shall be permitted to extend up to 2.14 metres (7 ft)
from the existing single-detached dwelling up to a maximum width of 3.05
metres (10 ft). A lower deck shall be permitted to extend up to 4.27 metres
(14 ft) from the existing single-detached dwelling up to a maximum width of
5.79 metres (19 ft). The maximum height of the lower deck shall not exceed
0.3 metres (1 ft) above the highest nearest grade.
(vi)
Unit 29: An upper deck shall be permitted to extend up to 2.44 metres (8 ft)
from the existing single-detached dwelling up to a maximum width of 3.05
metres (10 ft). The west side of the deck shall include a fixed privacy
screen extending 1.83 metres (6 ft) up from the floor of the deck.
7.3.28
(a)
DEFINED AREA: UR1-28 as shown on Schedule 'A', Key Map U-9
(b)
NUMBER OF DETACHED DWELLINGS: Notwithstanding any other provisions of
this By-law, multiple single- detached dwellings are permitted on a single lot in
advance of the registration of a vacant land condominium plan against the land.
All other provisions of this zoning category must be adhered to as if the vacant
land condominium plan, forming part of the condominium agreement that applies
to the land, is registered.
This clause shall not apply after the registration of a vacant land condominium
plan against the land.
(c)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.2 m (3.94 ft)
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(d)
MINIMUM EXTERIOR SIDE YARD SETBACK: 2.0 m (6.56 ft)
(e)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage 40%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a) 43%
7.3.29
(a)
DEFINED AREA: UR1-29 as shown on Schedule 'A', Key Map 36
(b)
MINIMUM LOT AREA: 360.0 m² (3,875 ft²)
(c)
MINIMUM LOT FRONTAGE: 11.0 m (36 ft)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
attached garage: 6 m (19.69 ft)
(ii)
dwelling: 4.5 m (14.76 ft)
(e)
MINIMUM INTERIOR SIDE YARD SETBACK:
(i)
with attached garage, both sides: 1.2 m (3.94 ft)
(ii)
without attached garage: 1.2 m (3.94 ft) on one side and 3.0 m (9.84 ft) on
the other side
(f)
MINIMUM EXTERIOR SIDE YARD:
(i)
exterior side yard is adjacent to a front yard of an abutting lot: 4.5 m (14.76
ft) on the side abutting the street provided there is no driveway access from
the exterior side yard and 1.2 m (3.94 ft) on the other side; 6 m (19.69 ft) to
an attached garage and 4.5 m (14.76 ft) to the dwelling on the side abutting
the street if there is a driveway
(ii)
rear yard is adjacent to a rear yard of an abutting lot: 1.2 m (3.94 ft) on the
side abutting the street provided there is no driveway access from the
exterior side yard and 1.2 m (3.94 ft) on the other side; 6 m (19.69 ft) to an
attached garage and 4.5 m (14.76 ft) to the dwelling on the side abutting
the street if there is driveway access from the exterior yard and 1.2 m (3.94
ft) on the other side
(g)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
7.3.30
(a)
DEFINED AREA: UR1-30 as shown on Schedule 'A', Key Map 36
(b)
MINIMUM LOT AREA: 360.0 m² (3,875 ft²)
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(c)
MINIMUM LOT FRONTAGE: 15.0m (49 ft)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
attached garage: 6 m (19.69 ft)
(ii)
dwelling: 4.5 m (14.76 ft)
(e)
MINIMUM INTERIOR SIDE YARD SETBACK:
(i)
with attached garage, both sides: 1.2 m (3.94 ft)
(ii)
without attached garage: 1.2 m (3.94 ft) on one side and 3.0 m (9.84 ft) on
the other side
(f)
MINIMUM EXTERIOR SIDE YARD SETBACK:
(i)
exterior side yard is adjacent to a front yard of an abutting lot: 4.5 m (14.76
ft) on the side abutting the street provided there is no driveway access from
the exterior side yard and 1.2 m (3.94 ft) on the other side; 6 m (19.69 ft) to
an attached garage and 4.5 m (14.76 ft) to the dwelling on the side abutting
the street if there is driveway access from the exterior yard and 1.2 m (3.94
ft) on the other side
(ii)
rear yard is adjacent to a rear yard of an abutting lot: 1.2 m (3.94 ft) on the
side abutting the street provided there is no driveway access from the
exterior side yard and 1.2 m (3.94 ft) on the other side; 6 m (19.69 ft) to an
attached garage and 4.5 m (14.76 ft) to the dwelling on the side abutting
the street if there is driveway access from the exterior yard and 1.2 m (3.94
ft) on the other side
(g)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
7.3.31
(a)
DEFINED AREA: UR1-31 as shown on Schedule 'A', Key Map U-9
(b)
NUMBER OF DETACHED DWELLINGS: Notwithstanding any other provisions of
this By-law, multiple single-detached dwellings are permitted on a single lot in
advance of the registration of a vacant land condominium plan against the land.
All other provisions of this zoning category must be adhered to as if the vacant
land condominium plan, forming part of the condominium agreement that applies
to the land, is registered.
This clause shall not apply after the registration of a vacant land condominium
plan against the land.
(c)
MINIMUM LOT AREA: 400.0 m² (4,305.7 ft²)
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(d)
MINIMUM LOT FRONTAGE: 15.0 m (49.2 ft)
(e)
MINIMUM FRONT YARD SETBACK: 6 m (19.7 ft)
(f)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.2 m (3.9 ft)
(i)
Notwithstanding the above, the minimum easterly interior side yard setback
for Unit 14 and the westerly interior side yard setback for Unit 10 shall be 6
m (19.7 ft)
(ii)
Notwithstanding the above, the minimum westerly interior side yard setback
for Unit 1 shall be 3 m (9.8 ft)
(g)
MINIMUM EXTERIOR SIDE YARD SETBACK: 3 m
(h)
SIGHT VISIBILITY TRIANGLES: Notwithstanding any other provisions of this by-
law, Section 4.31 of this by-law shall not apply.
(i)
MINIMUM REAR YARD SETBACK: 7 m (23 ft)
(j)
MAXIMUM HEIGHT:
-
Units 14-17: 7.62 metres (25 ft)
-
All other units: 10.668 metres (35 ft)
(k)
MAXIMUM LOT COVERAGE PER UNIT: 50%
7.3.32 (a)
DEFINED AREA: UR1-32 as shown on Schedule A, Key Map U-7, to this By-law
(b)
MINIMUM FRONT YARD SETBACK: 6.0 m (19.69 ft)
(c)
MINIMUM INTERIOR SIDE YARD SETBACK: 1.2 m (3.94 ft)
(d)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
(e)
BUILDING RESTRICTIONS: Notwithstanding all other provisions of this By-law,
no buildings or structures are permitted to be placed within any portion of the lot
located 45 metres or greater from the front lot line.
7.3.33
(a)
DEFINED AREA: UR1-33 as shown on Schedule A, Key Map U-9, to this By-law
(b)
MINIMUM LOT AREA: 700 m² (7,535 ft²)
(c)
MINIMUM LOT FRONTAGE: 20.0 m (66 ft)
(d)
MINIMUM FRONT YARD SETBACK: 6.0 m (20 ft)
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(e)
MINIMUM INTERIOR SIDE YARD SETBACKS: 1.5 m (4.9 ft) from an interior
side lot line adjacent to a lot on which there was an existing residence on
October 19, 2016 and 1.2 m (3.9 ft) from an interior side lot line adjacent to a lot
that was vacant on October 19, 2016.
7.3.34
(a)
DEFINED AREA: UR1-34 as shown on Schedule A, Key Map U-9, to this By-law
(b)
MINIMUM LOT AREA: 700 m² (7,535 ft²)
(c)
MINIMUM LOT FRONTAGE: 20.0 m (66 ft)
(d)
MINIMUM FRONT YARD SETBACK: 6.0 m (20 ft)
7.3.35
(a)
DEFINED AREA: UR1-35 as shown on Schedule A, Key Map U-9, to this By-law
(b)
MINIMUM LOT AREA: 300.0 m² (3,229 ft²)
(c)
MINIMUM LOT FRONTAGE 10.0 m (33 ft)
(d)
MINIMUM INTERIOR SIDE YARD SETBACKS: 1.5 m (4.9 ft) from an interior
side lot line adjacent to a lot on which there was an existing residence on
October 19, 2016 and 1.2 m (3.9 ft) from an interior side lot line adjacent to a lot
that was vacant on October 19, 2016.
7.3.36
(a)
DEFINED AREA: UR1-36 as shown on Schedule 'A', Key Map U-8
(b)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling 4.5 m (14.8 ft)
(ii)
Attached Garage: 6.00 m (19.7 ft), but not more than 1.00 metre (3.3 ft)
closer to the front lot line than the porch or habitable portion of the dwelling
on lots 12.19 metres (40 ft.) up to 14 metres (46 feet) wide and not more
than 2.00 metres (6.6 ft) closer to the front lot line than the porch or
habitable portion of the dwelling on lots greater than 14 metres (46 ft) wide.
(c)
MINIMUM SIDE YARD SETBACKS:
(i)
Interior side yard: 1.2 m (3.9 ft)
(ii)
Exterior side yard, except attached garages: 2.5 m (8.2 ft)
(iii)
Exterior side yard for attached garages: 2.5m (8.2 ft) to an attached garage
on the side abutting the street provided there is no driveway access from
the exterior side yard and provided the wall of the garage is not closer to
the exterior side yard that the habitable portion of the dwelling; 6m (19.7 ft)
to an attached garage on the side abutting the street if there is driveway
access from the exterior side yard.
(d)
SIGHT VISIBILITY TRIANGLES: Notwithstanding any other provisions of this by-
law, a sight visibility triangle shall have minimum dimensions of 6 m (19.7 ft) by
6 m (19.7 ft)
(e)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage: 40%
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(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a): 43%
7.3.37
(a)
DEFINED AREA: UR1-37 as shown on Schedule 'A', Key Map U-8
(b)
MINIMUM LOT FRONTAGE: 13 m (42.7 ft)
(c)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling: 4.5 m (14.8 ft)
(ii)
Attached Garage: 6.00 m (19.7 ft), but not more than 1.00 metre (3.3 ft)
closer to the front lot line than the porch or habitable portion of the dwelling
on lots 12.19 metres (40 ft.) up to 14 metres (46 feet) wide and not more
than 2.00 metres (6.6 ft) closer to the front lot line than the porch or
habitable portion of the dwelling on lots greater than 14 metres (46 ft) wide.
(d)
MINIMUM SIDE YARD SETBACKS:
(i)
Interior side yard: 1.2 m (3.9 ft)
(ii)
Exterior side yard, except attached garages: 2.5 m (8.2 ft)
(iii)
Exterior side yard for attached garages: 2.5 m (8.2 ft) to an attached garage
on the side abutting the street provided there is no driveway access from
the exterior side yard and provided the wall of the garage is not closer to
the exterior side yard that the habitable portion of the dwelling; 6m (19.7 ft)
to an attached garage on the side abutting the street if there is driveway
access from the exterior side yard.
(e)
SIGHT VISIBILITY TRIANGLES: Notwithstanding any other provisions of this by-
law, a sight visibility triangle shall have minimum dimensions of 6 m (19.7 ft) by
6 m (19.7 ft)
(f)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage: 40%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a): 43%
7.3.38
(a)
DEFINED AREA: UR1-38 as shown on Schedule 'A', Key Map U-8
(b)
MINIMUM LOT AREA: 380 m² (4,090 ft²)
(c)
MINIMUM LOT FRONTAGE: 12 m (39.4 ft)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling: 4.5 m (14.8 ft)
(ii)
Attached Garage: 6.00 m (19.7 ft), but not more than 1.00 metre (3.3 ft)
closer to the front lot line than the porch or habitable portion of the dwelling
on lots 12.19 metres (40 ft.) up to 14 metres (46 feet) wide and not more
than 2.00 metres (6.6 ft) closer to the front lot line than the porch or
habitable portion of the dwelling on lots greater than 14 metres (46 ft) wide.
(e)
MINIMUM SIDE YARD SETBACKS:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
95
(i)
Interior side yard: 1.2 m (3.9 ft)
(ii)
Exterior side yard, except attached garages: 2.5 m (8.2 ft)
(iii)
Exterior side yard for attached garages: 2.5m (8.2 ft) to an attached garage
on the side abutting the street provided there is no driveway access from
the exterior side yard and provided the wall of the garage is not closer to
the exterior side yard that the habitable portion of the dwelling; 6m (19.7 ft)
to an attached garage on the side abutting the street if there is driveway
access from the exterior side yard.
(f)
MINIMUM REAR YARD SETBACKS: 6 m (19.7 ft)
(g)
SIGHT VISIBILITY TRIANGLES: Notwithstanding any other provisions of this by-
law, a sight visibility triangle shall have minimum dimensions of 6 m (19.7 ft) by 6
m (19.7 ft)
(h)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage: 40%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a): 43%
(i)
MAXIMUM HEIGHT: Two storeys to a maximum of 13 m (42.7 ft), measured from
the average finished grade elevation of the dwelling.
7.3.39
(a)
DEFINED AREA: UR1-39 as shown on Schedule 'A', Key Map U-8
(b)
NUMBER OF DETACHED DWELLINGS: Notwithstanding any other provisions of
this By-law, multiple single detached dwellings are permitted on a single lot in
advance of the registration of a vacant land condominium plan against the lot. All
other provisions of this zoning category must be adhered to as if the vacant land
condominium plan, forming part of the condominium agreement that applies to
the lot, is registered.
This clause shall not apply after the registration of a vacant land condominium
plan against the land.
(c)
MINIMUM LOT AREA: 340 m² (3,660 ft²)
(d)
MINIMUM LOT FRONTAGE: 13 m (42.7 ft)
(e)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling: 4.5 m (14.8 ft)
(ii)
Attached Garage: 6.00 m (19.7 ft), but not closer to the front lot line than
the porch or habitable portion of the dwelling.
(f)
MINIMUM SIDE YARD SETBACKS:
(i)
Interior side yard: 1.2 m (3.9 ft)
(ii)
Exterior side yard, except attached garages: 2 m (6.6 ft)
(iii)
Exterior side yard for attached garages: 6 m (19.7 ft)
(g)
MINIMUM REAR YARD SETBACK: 6 m (19.7 ft); MINIMUM REAR YARD
SETBACK DECKS: 3 m (9.8 ft)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(h)
SIGHT VISIBILITY TRIANGLES: Notwithstanding any other provisions of this by-
law, a sight visibility triangle shall have minimum dimensions of 6 m (19.7 ft) by 6
m (19.7 ft)
(i)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage: 50%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a): 55%
(j)
NET DENSITY: The net density shall be less than 20 units per hectare.
7.3.40
(a)
DEFINED AREA: UR1-40 as shown on Schedule 'A', Key Map U-08
(b)
MINIMUM LOT FRONTAGE: 20 m
(c)
MUNICIPAL SERVICES: Residential development shall be permitted on private
services
7.3.41
(a)
DEFINED AREA: UR1-41 as shown on Schedule 'A', Key Map 68, to this by-law
(b)
MINIMUM LOT AREA: 385 m²
(c)
MINIMUM LOT FRONTAGE: 12 m
(d)
MINIMUM FRONT YARD SETBACK: 8 m
(e)
MINIMUM SIDE YARD SETBACK:
(i)
Interior Lot: 1.5 m
(ii)
Coner Lot: 4.5 m
(f)
MAXIMUM LOT COVERAGE:
(i)
Main Building: 38%
(ii)
All buildings including accessory buildings subject to Section 4.1a: 41%
7.3.42
(a)
DEFINED AREA: UR1-42 as shown on Schedule 'A', Key Map 68, to this by-law
(b)
MINIMUM LOT AREA: 380 m² (4,090.3 ft²)
(c)
MINIMUM LOT FRONTAGE: 12 m (39.4 ft)
(d)
MINIMUM FRONT YARD SETBACK: 8 m (26.2. ft); the attached garage shall not
be closer to the front lot line than the porch or habitable portion of the dwelling.
(e)
MINIMUM SIDE YARD SETBACK:
(i)
Interior Lot: 1.2 m (3.9 ft)
(ii)
Exterior (to habitable portion): 2.5 m (8.2 ft)
(iii)
Exterior (attached garages): 6.0 m (19.7 ft)
(f)
MAXIMUM LOT COVERAGE:
(i)
Main Building: 38%
(ii)
All buildings including accessory buildings subject to Section 4.1a: 41%
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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7.3.43
(a)
DEFINED AREA: UR1-43 as shown on Schedule 'A', Key Map 68, to this by-law
(b)
MINIMUM LOT AREA: 380 m² (4,090.3 ft²)
(c)
MINIMUM LOT FRONTAGE: 12 m (39.4 ft)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
To porch or habitable portion: 4.5 m (14.8 ft)
(ii)
To attached garage: 6.0 m (19.7 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
Interior Lot: 1.2 m (3.9 ft)
(ii)
Exterior (to habitable portion): 2.5 m (8.2 ft)
(iii)
Exterior (attached garages): 6.0 m (19.7 ft)
(f)
MAXIMUM LOT COVERAGE:
(i)
Main Building: 43%
(ii)
All buildings including accessory buildings subject to Section 4.1a: 46%
7.3.44
(a)
DEFINED AREA: UR1-44 as shown on Schedule 'A', Key Map U-9
(b)
MINIMUM LOT AREA: 360 m² (3,875 ft²)
(c)
MINIMUM LOT FRONTAGE: 12 m (49 ft)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
porch or habitable portion of the dwelling: 4.5 m (14.8 ft)
(ii)
Minimum front yard setback attached garage: 6.0 m (19.7 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
Interior Lot: 1.2 m (3 ft)
(ii)
Corner lot: 3 m (10 ft) on the side abutting the road and 1.2 m (3 ft) on the
other side except attached garages abutting the road
(iii)
attached garages abutting the road: 4.5 m (14.8 ft)
(f)
MINIMUM REAR YARD SETBACK: 6 m (19.6 ft)
(g)
MAXIMUM LOT COVERAGE:
(i)
building, including dwelling and attached garage for a 1 storey dwelling:
50%
(ii)
main building, including dwelling, and attached garage for all other
dwellings greater than 1 storey: 40%
(iii)
Maximum lot coverage - main building, including accessory building and
structure for a 1 storey dwelling: 53%
(iv)
Maximum lot coverage - main building, including accessory buildings and
structure for all other dwellings greater than 1 storey: 43%
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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7.3.45
(a)
DEFINED AREA: UR1-45 as shown on Schedule 'A', Key Map U-9
(b)
Notwithstanding and other provisions of this By-law, multiple dwellings are
permitted on a single lot in advance of the registration of a condominium plan
against the land. All other provisions of this Zoning category must be adhered to
as if the condominium plan, forming part of the condominium agreement that
applied to the land, is registered on title. This clause shall not apply after the
registration of a condominium plan against the land.
(c)
MINIMUM LOT AREA: 360 m² (3,875 ft²)
(d)
MINIMUM LOT FRONTAGE: 12 m (49 ft)
(e)
MINIMUM SIDE YARD SETBACK:
(i)
Interior Lot: 1.2 m (3 ft)
(ii)
Corner lot: 3 m (9 ft) on the site abutting the road and 1.2 m (3 ft) on the
other
(f)
MAXIMUM LOT COVERAGE:
(i)
building, including dwelling and attached garage: 40%
(ii)
all buildings, including accessory buildings and structures: 43%
7.3.46
(a)
DEFINED AREA: UR1-46 as shown on Schedule 'A', Key Map U-8
(b)
MINIMUM LOT FRONTAGE: 14.0 m (45.9 ft)
(c)
MINIMUM FRONT YARD SETBACK: 6.0 m (19.7 ft); the attached garage shall
not be closer to the front lot line than the porch or habitable portion of the
dwelling
(d)
MINIMUM SIDE YARD SETBACK:
(i)
interior lot: 1.2 m (3.93 ft)
(ii)
corner lot: 4.5 m (14.8 ft) on the side abutting a public or private internal
street and 1.2 m (3.93 ft) on the other side
(e)
MAXIMUM LOT COVERAGE
(i)
main building: 50%
(ii)
all buildings including accessory buildings subject to Section 4.1 a): 53%
7.4
TEMPORARY USES
NUMBER STATUS
7.4.1
EXPIRED on April 21, 2013.
7.4.2
EXPIRED on April 6, 2013.
7.4.3
EXPIRED on December 24, 2018.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
99
8.0
URBAN RESIDENTIAL SECOND DENSITY (UR2)
ZONE
The provisions of the Urban Residential Second Density (UR2) Zone shall apply to low
density residential development in the villages of the Municipality, which are generally
serviced by public water supply and sanitary sewer systems.
8.1
GENERAL USE REGULATIONS
8.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Urban Residential Second Density (UR2) Zone except for the following
purposes:
-
accessory use
-
additional residential units
-
home occupation
-
multiple unit dwelling
-
semi-detached dwelling
-
single detached dwelling
-
townhouse dwelling, street
-
townhouse dwelling
8.1.2
MINIMUM LOT AREA
(a)
Single detached dwelling: 350 m²
(b)
Semi-detached: 200 m² / unit
(c)
Townhouse Dwelling and Street Townhouse Dwelling: 165 m² / unit
(d)
Multiple-Unit Dwelling: 100 m² / unit
8.1.3
MINIMUM LOT FRONTAGE
(a)
single detached dwelling: 11.0 m
(b)
semi-detached dwelling: 7.0 m
(c)
Townhouse Dwelling and street townhouse dwellings: 5.5 m / unit and 6.0 m for
end units
(d)
Multiple Unit Dwelling: 15 m
8.1.4
MINIMUM FRONT YARD SETBACK
(a)
4.5 m (14.8 ft) to the habitable portion of the dwelling; 6.0 m (20 ft) to an attached
garage
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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8.1.5
MINIMUM SIDE YARD SETBACK
(a)
single detached, semi-detached, townhouse, street townhouse: 1.2 m (4.0 ft)
interior; 5.0 m (16ft) exterior, or 6.0m (20ft) where vehicle access is provided
(b)
multiple unit dwellings: 1.2 m (4ft) interior, plus 0.5 m per each metre of building
height over 9.0m (29.5 ft); 5.0 m (16 ft) exterior, or 6.0 m (20 ft) where vehicle
access is provided
Provided that no side yard shall be required between the common wall dividing
individual semi-detached dwelling units, townhouses dwelling units, street townhouse
dwelling units and multiple unit dwelling units.
8.1.6
MINIMUM REAR YARD SETBACK
(a)
Single Detached Dwelling, Semi-Detached, Townhouse, Street townhouse: 7.0 m
(b)
Multiple-Unit Dwelling: 8.0 m
No rear yard depth shall be required on the side where two dwelling units are attached
by a common wall extending along the rear lot line separating such lots.
8.1.7
MINIMUM AMENITY AREA
Every lot containing more than 4 dwelling units shall have amenity area. The minimum
size of the amenity area shall be 10.0 m² per dwelling unit.
8.1.8
MAXIMUM LOT COVERAGE
(a)
main building: 40%
(b)
all buildings and structures subject to Accessory use provisions 4.1 and 4.2: 45%
8.1.9
MINIMUM LANDSCAPED OPEN SPACE
(a)
Street townhouse dwelling, townhouse, multiple unit dwelling, grouped housing,
apartment: 25%
8.1.10
MAXIMUM HEIGHT
(a)
single detached dwelling, semi-detached dwelling, street townhouse dwelling,
townhouse dwelling: 12.0m
(b)
multiple unit dwelling: 13.0 m
8.2
SPECIAL USE REGULATIONS
8.2.1
MUNICIPAL SERVICES
No dwelling shall be erected, used or altered unless such dwelling is connected to a
public water supply system and a public sanitary sewage system.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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8.3
EXCEPTIONS
8.3.1
(a)
DEFINED AREA: UR2-1 as shown on Schedule A, Map U-7
(b)
MINIMUM LOT AREA:
-
single-detached dwelling: 442 m² (4,757.6 ft²)
-
semi-detached dwelling unit: 360 m² (3,875.0 ft²)
-
link dwelling unit: 360 m² (3,875.0 ft²)
(c)
MINIMUM LOT FRONTAGE:
-
single-detached dwelling: 11 m (36.08 ft)
-
semi-detached dwelling unit: 9 m (29.52 ft)
-
link dwelling unit: 9 m (29.52 ft)
(d)
MINIMUM SIDE YARD SETBACK:
(i)
single detached dwelling, semi-detached, link dwelling: 1.2 m (3.94 ft) on
an interior lot
(e)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage:
-
lot for single-storey dwelling: 40%
-
lots for all other dwellings: 37%
(ii)
all buildings, including accessory buildings and structures subject to
Section 4.1 a):
-
lot for single-storey dwelling: 43%
-
lots for all other dwellings: 40%
8.3.2
(a)
DEFINED AREA: UR2-2 as shown on Schedule A, Map U-8
(b)
PERMITTED USES:
-
street townhouse dwelling
-
townhouse dwelling
-
semi-detached dwelling
-
single-detached dwelling
(c)
MINIMUM LOT AREA:
-
street townhouse dwelling, townhouse dwelling: 250.0 m² (2,691 ft²) per
dwelling unit
(d)
MINIMUM LOT FRONTAGE:
-
street townhouse dwelling: 6.0 m (20 ft) for each dwelling unit
-
townhouse dwelling: 30.0 m (98 ft)
(e)
MINIMUM LOT DEPTH:
-
street townhouse dwelling, townhouse dwelling: 35.0 m (115 ft)
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(f)
MINIMUM FRONT YARD SETBACK:
-
street townhouse dwelling, townhouse dwelling: 6.0 m (20 ft)
(g)
MINIMUM SIDE YARD SETBACK:
-
street townhouse dwelling, townhouse dwelling: 3.0 m (10 ft) on an interior
lot; 6.0 m (20 ft) on the side abutting a street and 3.0 m (10 ft) on the
interior side of a corner lot; no side yard shall be required along a common
wall that divides individual dwelling units.
(h)
MINIMUM REAR YARD SETBACK:
-
street townhouse dwelling, townhouse dwelling: 8.0 m (26 ft)
(i)
MINIMUM FLOOR AREA:
-
street townhouse dwelling, townhouse dwelling: 65.0 m² (700 ft²) per
dwelling unit
(j)
MAXIMUM HEIGHT:
-
street townhouse dwelling, townhouse dwelling: 20.0 m (66 ft)
(k) MINIMUM AMENITY AREA:
-
street townhouse dwelling, townhouse dwelling: 45.0 m² (484 ft²) per
dwelling unit
(l)
MAXIMUM LOT COVERAGE
(a) main building: 35%
(b)
all buildings including accessory buildings subject to Section 4.1a): 38%
8.4
TEMPORARY USES
None.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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9.0
URBAN RESIDENTIAL THIRD DENSITY (UR3)
ZONE
The provisions of the Urban Residential Third Density (UR3) Zone shall generally
apply to medium density residential development in the villages of the Municipality,
which are generally serviced by public water supply and sanitary sewer systems.
9.1
GENERAL USE REGULATIONS
9.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Urban Residential Third Density (UR3) Zone except for the following purposes:
-
accessory use
-
additional residential units
-
apartment dwelling
-
multiple unit dwelling
-
street townhouse dwelling
-
townhouse dwelling
-
grouped housing
9.1.2
MINIMUM LOT AREA
(a)
street townhouse or townhouse: 145.0 m² (2,691 ft²)
(b)
Multiple-Unit Dwelling: 90.0 m² / unit
(c)
Apartment Dwelling: 90.0 m² / unit
(d)
Grouped Housing: N/A
9.1.3
MINIMUM LOT FRONTAGE
(a)
street townhouse dwelling, townhouse dwelling: 5.5 m/unit and 6.0 m for end
units
(b)
Multiple-Unit Dwelling, apartment dwelling, grouped housing: 25.0 m
9.1.4
MINIMUM FRONT YARD SETBACK
(a)
Street townhouse dwelling, townhouse dwelling: 4.5 m (14.8 ft) to the habitable
portion; 6.0 m (20.0 ft) to an attached garage
(b)
Multiple-Unit Dwelling, apartment: 6.0 m
(c)
Grouped Housing: 7.0 m
9.1.5
MINIMUM SIDE YARD SETBACK
(a)
street townhouse dwelling, townhouse dwelling: 2.0 m interior; 4.5 m exterior
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(b)
Multiple-Unit Dwelling, apartment, grouped housing: 3.0 m interior, plus 1.5 m for
each 3.0 m above 9.0 m building height to a maximum of 10.0 m; 4.5 m exterior
9.1.6
MINIMUM REAR YARD SETBACK
(a)
street townhouse dwelling, townhouse dwelling: 7.0 m
(b)
Multiple-Unit Dwelling, Grouped housing: 8.0 m
(c)
Apartment Dwelling: 9.0 m
No rear yard depth shall be required on the side where two dwelling units are attached
by a common wall extending along the rear lot line separating such lots.
9.1.7
MAXIMUM HEIGHT
(a)
street townhouse dwelling, townhouse dwelling: 12.0 m
(b)
Multiple-Unit Dwelling, Grouped housing: 15.0 m
(c)
Apartment Dwelling: 20.0 m
9.1.8
MINIMUM AMENITY AREA
Every lot containing more than 4 dwelling units shall have amenity areas. The
minimum size of the amenity area shall be 10 m² per dwelling unit.
9.1.9
MAXIMUM LOT COVERAGE
(a)
Street townhouse dwelling, townhouse dwelling, multiple unit dwelling, grouped
housing, apartment: 45% for all buildings and structures on the lot in accordance
with section 4.1
9.1.10 MINIMUM LANDSCAPED OPEN SPACE
(a)
Street townhouse dwelling, townhouse dwelling, multiple unit dwelling, grouped
housing, apartment: 25%
9.2
SPECIAL USE REGULATIONS
9.2.1
MUNICIPAL SERVICES
No dwelling shall be erected, used or altered unless such dwelling is connected to a
public water supply system and a public sanitary sewage system.
9.3
EXCEPTIONS
9.3.1
(a)
DEFINED AREA: UR3-1 as shown on Schedule A, Map U-8
(b)
PERMITTED USES:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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-
Street townhouse dwelling
-
Townhouse dwelling
(c)
MINIMUM LOT AREA: 243 m² (2,615.63 ft²)
(d)
MINIMUM LOT FRONTAGE: 9.04 m (29.7 ft)
(e)
MINIMUM LOT DEPTH: 26.90 m (88.3 ft)
(f)
MINIMUM FRONT YARD SETBACK:
-
4.5 m (14.8 ft) for the habitable portion of the dwelling
-
5.5 m (18.0 ft) for an attached garage
(g)
MINIMUM INTERIOR SIDE YARD SETBACK:
-
0.0 m (0.0 ft) on an interior inside unit wall
-
1.2 m (3.9 ft) on an interior outside unit wall
(h)
MINIMUM EXTERIOR SIDE YARD SETBACK:
-
2.0 m (6.6 ft) (Unit 1)
-
4.5 m (14.8 ft) (Unit 10)
-
1.2 m (3.9 ft) (Unit 16)
-
3.0 m (9.8 ft) (All other units)
(i)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(j)
MAXIMUM LOT COVERAGE: 60%
9.3.2
(a)
DEFINED AREA: UR3-2 as shown on Schedule A, Map U-7
(b)
MINIMUM SIDE YARD SETBACK: 0 m (0 ft) setback from the side lot line
abutting the recreation centre to the east
9.3.3
(a)
DEFINED AREA: UR3-3 as shown on Schedule A, Map U-7
(b)
PERMITTED USES:
-
recreation centre
-
all other permitted uses of the UR3 zone
(c)
MINIMUM LOT FRONTAGE: 0 m (0 ft)
(d)
MAXIMUM DENSITY: 33 units per hectare
(e)
MINIMUM SIDE YARD SETBACK: 9.45 m (31 ft) setback from the northerly side
lot line; 5.0 m (16 ft) from the easterly side lot line and 0 m (0 ft) setback from the
side lot line adjoining the recreation centre to the west
9.3.4
(a)
DEFINED AREA: UR3-4 as shown on Schedule A, Map U-7
(b)
PERMITTED USES:
-
single detached dwellings
-
townhouse dwellings
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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(c)
MINIMUM LOT AREA: 250.0 m² per dwelling unit
(d)
MINIMUM LOT FRONTAGE: 30.0 m (98 ft)
(e)
MINIMUM FRONT YARD SETBACK: 55.0 m (180 ft)
(f)
MAXIMUM HEIGHT: 10.5 m (34 ft)
(g)
MINIMUM FLOOR AREA: 65.0 m² per dwelling unit
(h)
MAXIMUM DENSITY: 15 units per hectare
(i)
MINIMUM SETBACK:
(i)
where the rear wall of a structure abuts a side lot line: 10.0 m (32 ft)
(ii)
where the rear wall of a structure abuts the side wall of another structure:
10.0 m (32 ft)
9.3.5
(a)
DEFINED AREA: UR3-5 as shown on Schedule 'A', Key Map 'U-8'
(b)
PERMITTED USES
-
single detached dwellings
(c)
MINIMUM EXTERIOR SIDE YARD SETBACK: 2.5 m (8.2 ft)
(d)
MINIMUM SIDE YARD SETBACK: 1.2 m (3.9 ft)
(e)
MINIMUM REAR YARD SETBACK: 7.65 m (25 ft)
9.3.6
(a)
DEFINED AREA: UR3-6 as shown on Schedule 'A', Key Map U-9
(b)
NUMBER OF DWELLINGS: Notwithstanding any other provisions of this By-law,
multiple dwellings are permitted on a single lot in advance of the registration of a
vacant land condominium plan against the land. All other provisions of this zoning
category must be adhered to as if the vacant land condominium plan, forming
part of the condominium agreement that applies to the land, is registered.
This clause shall not apply after the registration of a vacant land condominium
plan against the land.
(c)
MINIMUM LOT DEPTH: 29 m (95.1 ft)
(d)
MINIMUM INTERIOR SIDE YARD SETBACK: 2 m (6.6 ft) provided that no side
yard shall be required between the common wall dividing individual attached
dwelling units
(e)
MINIMUM EXTERIOR SIDE YARD SETBACK: 0 m (0.0 ft)
(f)
MAXIMUM LOT COVERAGE: 55% for main building; 60% for all buildings,
including accessory structures subject to section 4.1 a) of the Zoning By-law
(g)
MAXIMUM REAR YARD ENCROACHMENT FOR DECKS: 3 m (9.8 ft)
9.3.7
(a)
DEFINED AREA: UR3-7 as shown on Schedule 'A', Key Map 36
(b)
PERMITTED USES:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
107
-
accessory use
-
apartment dwelling
-
multiple-unit dwelling
-
street townhouse
-
townhouse
-
semi-detached dwelling
(c)
MINIMUM LOT AREA: semi-detached dwelling: 250.0 m² (2,691 ft²) per dwelling
unit
(d)
MINIMUM LOT FRONTAGE:
(i)
semi-detached dwelling unit:9.0 m (29.53 ft)
(ii)
townhouse or multiple unit dwelling: 14.0 m (45.93 ft)
(e)
MINIMUM LOT DEPTH: 28.0 m (91.86 ft)
(f)
MINIMUM FRONT YARD: 6.0 m (19.69 ft) to an attached garage; 2.5 m (8.20 ft)
to dwelling
(g)
MINIMUM SIDE YARD SETBACK: semi-detached dwelling 1.2 m (3.94 ft) on an
interior lot; 6.0 m (19.69 ft) on the side abutting a street and 1.2 m (3.94 ft) on the
other side on a corner lot
(h)
MINIMUM REAR YARD SETBACK: 6.0 m (19.69 ft)
(i)
MAXIMUM LOT COVERAGE:
(i)
semi-detached dwelling: 50% for the main use; 53% for all buildings
including accessory buildings subject to Section 4.1 a)
(ii)
townhouse: 60% for the main use; 63% for all buildings including accessory
buildings subject to Section 4.1 a)
(iii)
apartment, street townhouse or multiple unit dwelling: 40% for the main
use; 43% for all buildings including accessory buildings subject to Section
4.1 a)
(j)
MAXIMUM BUILDING HEIGHT: townhouse, street townhouse, semi-detached
dwelling: 12.0 m (39.37 ft)
9.3.8
(a)
DEFINED AREA: UR3-8 as shown on Schedule 'A', Key Map U-8
(b)
PERMITTED USES
-
street townhouse dwelling
(c)
MINIMUM LOT AREA: 250 m² (2,691 ft²)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling: 2.5 m (8.2 ft)
(ii)
Attached Garage: 6 m (19.6 ft), but not any closer to the front lot line than
the porch or habitable portion of the dwelling
(e)
MINIMUM SIDE YARD SETBACK: 1.2 metres (3.9 ft) provided that no side yard
shall be required between the common wall dividing individual dwelling units.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
108
(f)
MINIMUM REAR YARD SETBACK: 6 m (19.7 ft); MINIMUM REAR YARD
SETBACK DECKS: 3 m (3.3 ft)
(g)
MAXIMUM LOT COVERAGE:
(i)
main building, including dwelling and attached garage: 55%
(ii)
all buildings, including accessory buildings and structures: 61%
(iii)
notwithstanding Section 4.1 b) of this by-law, the maximum total lot
coverage permitted for all accessory buildings or structures shall not
exceed 4.5%
9.3.9
(a)
DEFINED AREA: UR3-9 (h-3) as shown on Schedule 'A', Key Map U-8
(b)
PERMITTED USES:
-
multiple unit dwelling
-
townhouse dwelling
(c)
MINIMUM LOT AREA 210 m² (2,260.4 ft²)
(d)
MINIMUM FRONT YARD SETBACK:
(i)
Multiple unit dwelling: 0 m (0 ft)
(ii)
Townhouse dwelling:
(a)
Porch or habitable portion of dwelling: 2.5 m (8.2 ft) to Doan Drive and
2.5 m (8.2 ft) to Glendon Drive
(b)
Attached Garage: 6 m (19.6 ft), but not any closer to the front lot line than the
porch or habitable portion of the dwelling
(e)
MAXIMUM SETBACK FROM GLENDON DR (COUNTY ROAD 14): 10 m (32.8
ft)
(f)
GLENDON DRIVE (COUNTY ROAD 14) FRONTAGE:
(i)
Percentage of Glendon Drive (County Road 14) frontage to include
buildings: 65%
(ii)
The Glendon Drive (County Road 14) frontage shall be developed
exclusively with minimum building height of 3-storeys.
(iii)
All parking areas and driveways shall be prohibited on that portion of the
land between Glendon Drive (County Road 14) and the northerly façades of
those buildings adjacent to Glendon Drive (County Road 14).
(g)
MINIMUM SIDE YARD SETBACK:
(i)
1.2 metres (3.9 ft)
(h)
MINIMUM REAR YARD SETBACK: 6 m (19.7 ft)
(i)
MINIMUM BLOCK NET DENSITY: 20 units per hectare
(j)
MAXIMUM BLOCK NET DENSITY: 50 units per hectare
(k)
MINIMUM AMENITY AREA: 25 m² (269 ft²)/unit
(l)
MAXIMUM LOT COVERAGE:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
109
(i)
main building, including dwelling and attached garage: 55%
(ii)
all buildings, including accessory buildings and structures: 65%
(iii)
notwithstanding Section 4.1 b) of this by-law, the maximum total lot
coverage permitted for all accessory buildings or structures shall not
exceed 4.5%
9.3.10
(a)
DEFINED AREA: UR3-10 h-2 , h-3 and h-9' as shown on Schedule 'A',
Key Map U-9
(b)
PERMITTED USES:
-
In addition to the permitted uses in in Section 10.1.1, semi-detached
dwellings shall be permitted.
(c)
MINIMUM FRONT YARD SETBACK: 4.0 m (13.1 ft)
(d)
MINUMUM INTERIOR SIDE YARD SETBACK: 1.5 m (4.9 ft)
(e)
YARD ENCROACHMENTS AND OBSTRUCTIONS: Notwithstanding Section
4.34 YARD ENCROACHMENTS AND OBSTRUCTIONS (a) iv) the maximum
permitted encroachment is 2 m (6.6 ft).
(f)
MINUMUM EXTERIOR SIDE YARD SETBACK: 4.0 m (13.1 ft)
(g)
MINIMUM BLOCK SEPARATION: Between townhouse or street townhouse
blocks:
(i)
where there is landscape open space or/and sidewalks: 3.0 m (9.8 ft) .
(ii)
where there is private driveway and sidewalks: 7.5 m (24.6 ft)
(h)
MAXIMUM DENSITY: 36 units per ha
(i)
MINIMUM AMENITY AREA: Section 10.1.11 shall not apply, a minimum
accessible amenity area of 60 m² (645.8 ft²) per dwelling which is an outdoor
amenity space accessible to a dwelling or dwelling units and situated in the same
zone therewith.
(j)
MAXIMUM LOT COVERAGE: main building, including dwelling, attached garage
and accessory buildings and structures subject to Section 4.1 a) shall not exceed
30 %
(k)
MINIMUM LANDSCAPE OPEN SPACE COVERAGE: Landscape Open Space
(including, but not limited to, accessible amenity area in 10.3.10 (i)): 40%
(l)
HEIGHT RESTRICTIONS: Solar panels and other similar renewable energy
equipment as approved by the Municipality shall not be permitted to cause a
building to exceed the height restrictions of this by-law by a maximum of 2
metres (6.6 ft).
(m) BUILDING RESTRICTIONS: Despite any existing or future severance, partition,
or division of the lot, the provisions of this By-law shall apply to the whole of the
zone as if no severance, partition or division had occurred.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
110
(n)
HOLDING SYMBOL: To ensure orderly development of the land known as Part of
Lot 6, Concession 2 (geographic Township of Lobo), Municipality of Middlesex
Centre:
-
The "(h-2)" holding symbol shall not be removed until a site plan agreement
is completed.
-
The "(h-3)" holding symbol shall not be removed until a noise study is
completed that examines the noise sources in the area that would include
but are not limited to the grain handling operation, CN rail line and
vehicle/road noise. The study shall be to the satisfaction of CN rail as well
as the Municipality of Middlesex Centre.
-
The "(h-9)" holding symbol shall not be removed until a vibration study is
completed that examines the vibration sources in the area that would
include but are not limited to CN rail line. The study shall be to the
satisfaction of CN rail as well as the Municipality of Middlesex Centre.
9.3.11
(a)
DEFINED AREA: UR3-11 as shown on Schedule "A", Key Map U-7
(b)
PERMITTED USES
-
accessory use
-
street townhouse dwelling
-
townhouse dwelling
-
semi-detached dwelling
(c)
MINIMUM LOT AREA: semi-detached dwelling, townhouse dwelling, street
townhouse dwelling: 133.0 m² (1,431 ft²) per unit
(d)
MINIMUM LOT FRONTAGE: semi-detached dwelling, townhouse dwelling, street
townhouse dwelling: 5.0 m (16.4 ft) per unit
(e)
MINIMUM LOT DEPTH: semi-detached dwelling, townhouse dwelling, street
townhouse dwelling: 22.0 m (72.18 ft)
(f)
MINIMUM FRONT YARD SETBACK: semi-detached dwelling, townhouse
dwelling, street townhouse dwelling:
-
6.0 m (19.69 ft) to an attached garage
-
2.5 m (8.20 ft) to main dwelling
(g)
MINIMUM SIDE YARD SETBACK: semi-detached dwelling, townhouse dwelling,
street townhouse dwelling:
-
1.2 m (3.94 ft) on an interior lot,
-
1.2 m (3.94 ft) on the side abutting a private street,
-
3.0 m (9.84 ft) on a side abutting a public street
-
No side yard setback required between common walls dividing dwelling
units
(h)
MINIMUM REAR YARD SETBACK: 5.50 m (18.04 ft); 3.0 m (9.84 ft) to attached
decks.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
111
(i)
MAXIMUM LOT COVERAGE: semi-detached dwelling, townhouse dwelling,
apartment, street townhouse dwelling, multiple unit dwelling: 62% for the main
use; 65% for all buildings including accessory buildings subject to Section 4.1 a).
(j)
MINIMUM FLOOR AREA: street townhouse dwelling, townhouse dwelling:
50.0 m² (538 ft2)
(k)
MAXIMUM DENSITY: 45 units per hectare
(l)
MINIMUM AMENITY AREA: 35.0 m² (376.74 ft) per dwelling unit
(m) VISITOR PARKING: A minimum of 0.1 parking spaces per dwelling unit shall be
provided on site for visitors.
Driveways, garages, or parking spaces provided for each unit in accordance of
Section 4.28 (b) of this by-law for residential uses shall not be considered as a
visitor parking space.
9.3.12
(a)
DEFINED AREA: UR3-12 as shown on Schedule "A", Key Map U-7
(b)
PERMITTED USES
-
single detached dwelling
-
semi-detached dwelling
-
townhouse dwelling
-
accessory use
(c)
MINIMUM LOT AREA
-
single detached dwelling 320.0 m² (3,444 ft²)
-
semi-detached dwelling 170.0 m² (1,829 ft²)
-
townhouse dwelling 170.0 m² (1,829 ft²)
(d)
MINIMUM LOT FRONTAGE
-
single detached dwelling 12.0 m (39.37 ft)
-
semi-detached dwelling 6.0 m (19.69 ft)
-
townhouse dwelling 6.0 m (19.69 ft)
(e)
MINIMUM LOT DEPTH: 26.0 m (85.3 ft)
(f)
MINIMUM FRONT YARD SETBACK:
-
to an attached garage: 6.0 m (19.69 ft)
-
to dwelling: 2.5 m (8.20 ft)
(g)
MINIMUM SIDE YARD SETBACK:
-
1.2 m (3.94 ft) on an interior lot;
-
6.0 m (16.69 ft) on the side abutting a public street and
-
1.2 m (3.94 ft) on the other side on a corner lot
-
No side yard setback required between common walls dividing dwelling
units
(h)
MINIMUM REAR YARD SETBACK: 6.0 m (19.69 ft)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
112
(i)
MAXIMUM LOT COVERAGE:
-
single detached dwelling: 50% for the main use; 53% for all buildings
including accessory buildings subject to Section 4.1 a)
-
semi-detached dwelling, townhouse dwelling: 62% for the main use; 65%
for all buildings including accessory buildings subject to Section 4.1 a)
(j)
MAXIMUM BUILDING HEIGHT: 12.0 m (39.37 ft)
9.3.13 (a)
DEFINED AREA: UR3-13 as shown on Schedule "A", Key Map U-7
(b) PERMITTED USES:
-
accessory use
-
street townhouse dwelling
(c)
MINIMUM LOT AREA: 210.0 m² (2, 260.4 ft²) per dwelling unit
(d)
MINIMUM LOT FRONTAGE: 7.0 m (22.97 ft)
(e)
MINIMUM LOT DEPTH: 30.0 m (98.43 ft)
(f)
MINIMUM FRONT YARD SETBACK:
(i)
attached garage: 6.0 m (19.69 ft)
(ii)
dwelling: 4.5 m (14.76 ft)
(g)
MINIMUM SIDE YARD SETBACK:
-
1.2 m (3.94 ft) on an interior lot;
-
3.0 m (9.84 ft) on the side abutting a private street;
-
6.0 m (19.69 ft) on a side abutting a public street
-
No side yard setback required between common walls dividing dwelling
units
(g)
MINIMUM REAR YARD SETBACK:
(i)
Setback to the main building: 8.0 m (26.25 ft)
(ii)
Setback to attached decks: 5.0 m (16.4 ft)
(h)
MAXIMUM LOT COVERAGE:
(i)
Main building, including dwelling and attached garage: 50%
(ii)
All buildings, including accessory buildings and structures subject to
Section 4.1 a) of the zoning by-law.: 55%
(i)
MAXIMUM HEIGHT: 12.0 m (39.4 ft)
(j)
MAXIMUM DENSITY: 43 units per hectare
(k)
MINIMUM AMENITY AREA: 40.0 m² (430.6 ft²)
9.3.14
(a)
DEFINED AREA: UR3-14 as shown on Schedule 'A', Key Map U-9
(b)
PERMITTED USES
-
Accessory use
Municipality of Middlesex Centre - Comprehensive Zoning By-law
113
-
Nursing home
-
Retirement home
-
Street townhouse dwelling
-
Townhouse dwelling
(c)
MINIMUM SIDE YARD SETBACK:
(i)
all permitted uses: 4.5 m (28.2 ft) from the easterly property line
(ii)
townhouse dwelling, Street townhouse dwelling: 0.0 m (.0 ft) between the
common wall dividing individual units
(d)
MINIMUM REAR YARD SETBACK
(i)
all permitted uses: 9.0 m (29.5 ft) or setback recommended by the noise
impact assessment from the northerly property line abutting the residential
uses, whichever is greater
(ii)
Street townhouse dwelling: 6.0 m (19.7 ft)
(e)
MAXIMUM HEIGHT: 12.0 m (39.4 ft)
(f)
MAXIMUM DENSITY:
(i)
townhouse dwelling, Street townhouse dwelling: 25 unit per hectare
(i)
MAXIMUM LOT COVERAGE:
(i)
nursing home or retirement home: 35%
(h)
Notwithstanding the definition of "LOT", the entire area zoned UR3-14 is
considered a "Lot", and the regulations applicable to the subject lands apply to
the zoned lands as a whole and not to any individual unit on a registered vacant
land condominium plan.
9.3.15
(a)
DEFINED AREA: UR3-15 as shown on Schedule 'A', Key Map U-7
(b)
PERMITTED USES:
-
Accessory use
-
Semi-detached dwelling
-
Townhouse dwelling
(c)
MINIMUM REAR YARD SETBACK 4.0 m (13.1 ft) from the southerly property
line
(d)
MINIMUM SIDE YARD SETBACK:
-
6.75 m (23 ft); 4.0 m (13.1 ft) to Unit 9; and 2.0 m (6.5 ft) to Unit 311;
-
0.0 m (0.0 ft) between the common wall divided individual townhouse
dwelling units or semi-detached units;
-
4.0 m (11.5 ft) from the curb of any internal private road.
(e)
MAXIMUM HEIGHT: 12.0 m (39.4 ft)
(f)
MAXIMUM LOT COVERAGE: 42%
Municipality of Middlesex Centre - Comprehensive Zoning By-law
114
(g)
Notwithstanding Section 4.30 (a)(vi) of the Zoning By-law, open roofed porches
may project up to 3.0 m into any required side yard
9.3.16
(a)
DEFINED AREA: UR3-16 as shown on Schedule 'A', Key Map 68
(b)
PERMITTED USES:
-
Accessory use
-
Street townhouse dwelling
(c)
MINIMUM LOT DEPTH: 29 m (95.1 ft)
(d)
MINIMUM SIDE YARD SETBACK:
(i)
Interior lot line: 1.2 m (3.9 ft); no side yard shall be required along a
common wall that divides individual dwelling units.
(ii)
Exterior (to habitable portion) : 2.5 m (8.2 ft)
(iii)
Exterior (to attached garage) : 6.0 m (19.7 ft)
(e)
MAXIMUM DENSITY: 35 units per hectare
(f)
MAXIMUM LOT COVERAGE:
(i)
Main Building: 55%
(ii)
All buildings including accessory buildings subject to Section 4.1a: 58%
9.3.17
(a)
DEFINED AREA: UR3-17 as shown on Schedule "A", Key Map U-1
(b)
PERMITTED USES:
-
Accessory use
-
townhouse dwelling
(c)
MINIMUM FRONT YARD SETBACK: 15.0 m (49.2 ft)
(d)
MAXIMUM SIDE YARD SETBACK: 5.0 m ( 16.4 ft) on an interior lot; 0.0 m (0.0
ft) between the common wall dividing individual townhouse dwelling units;
(e)
MAXIMUM NUMBER OF DWELLING UNITS: four (4) townhouse dwelling units;
(f)
MAXIMUM HEIGHT: 10.0 m (32.8 ft)
9.3.18
(a)
DEFINED AREA: UR3-18 as shown on Schedule "A", Key Map 79
(b)
MINIMUM SIDE YARD SETBACK: Apartment dwelling, multiple unit dwelling 3 m
(9.84 ft); 10 m (32.8 ft) from a property line that abuts a Commercial Zone
(c)
MINIMUM REAR YARD SETBACK
(i)
Accessory parking structure 8 m (26.25 ft); Section 4.1 (a) (v) of this by-law
shall not apply to the lands
(ii)
Apartment dwelling, multiple unit dwelling 15 m (49.2 ft)
(d)
MAXIMUM UNITS: 193 units; Section 10.1.10 of this by-law shall not apply to the
lands.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
115
(e)
MINIMUM AMENITY AREA: 45 m²/dwelling unit; Section 10.1.11 of this by-law
shall not apply to the lands.
Amenity Area means a space located indoors or outdoors for the passive
enjoyment and active recreational needs of the residents in a building containing
apartment dwelling units and/or multiple dwelling units. Amenity Area includes,
but it not limited to, outdoor patios, open landscaped areas, communal indoor
and/or outdoor fitness spaces, communal indoor social spaces, swimming pools,
private balconies, and outdoor rooftop decks, but does not include lobbies,
common laundry areas, storage areas, hallways, parking areas, and loading
spaces.
(f)
MAXIMUM LOT COVERAGE OF AN ACCESSORY PARKING STRUCTURE:
Section 4.1 (b) of this by-law shall not apply to any accessory parking structure
on the lands.
An accessory parking structure shall be included in the calculation of lot
coverage for the main residential building(s) to a combined maximum of 35% and
the lot coverage of an accessory parking structure shall not exceed the lot
coverage of the residential building(s)/
(g)
VISITOR PARKING: A minimum of 0.1 parking spaces per 1 dwelling unit shall be
provided on site for visitors. Driveways, garages or parking spaces provided for
each unit in accordance with Section 4.24 (b)
of this by-law for residential
uses shall not be considered as a visitor parking space.
(h)
MAXIMUM HEIGHT OF AN ACCESSORY PARKING STRUCTURE: 6.5 m (21.33
ft)
Section 4.1 (c) of this by-law shall not apply to any accessory parking structure
on the lands.
(i)
HOLDING SYMBOL: The precondition for the removal of the "(h-11)" holding
symbol be that a detailed design of the Regional Stormwater Management
Facility, and supporting stormwater management calculations, be finalized and
accepted to the satisfaction of the Municipal Engineer and that construction of
the facility, including an outlet to the Thames River, has been completed.
9.3.19
(a)
DEFINED AREA: UR3-19 as shown on Schedule "A", Key Map U-7
(b)
PERMITTED USES:
-
Accessory use
-
Multiple unit dwelling
(c)
MINIMUM LOT AREA: 175 m² (1,884 ft²) per dwelling unit
(d)
MAXIMUM LOT FRONTAGE 20 m (65.6 ft)
(e)
MINIMUM FRONT YARD SETBACK: 1 m (3.3 ft)
(f)
MINIMUM SIDE YARD SETBACK: 5.0 m (16.4 ft) to the west property line; 3.0 m
(9.8 ft) to the east property line; 0.0 m (0.0 ft) between the common wall dividing
individual dwelling units;
Municipality of Middlesex Centre - Comprehensive Zoning By-law
116
(g)
MAXIMUM DENSITY: 57 units per hectare
(h)
Notwithstanding 4.24 (g), the driveway shall not exceed 31% of the total area of
the lot.
Except as otherwise provided herein, uncovered surface parking areas and
driveway shall be permitted in any part of any yard, provided that any part of a
parking area located within a required yard shall be separated from any lot lines
adjacent to such required yard by a planting strip not less than 0.5 metre (1.64 ft)
in width.
(i)
Not withstanding 4.24 (i)(ii), parking aisles shall have a minimum unobstructed
width of 5.25 m (17.2 ft) where two-way traffic is permitted.
9.3.20
(a)
DEFINED AREA: UR3-20 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES
-
Accessory use
-
Townhouse dwelling
-
Multiple unit dwelling
(c)
MINIMUM FRONT YARD SETBACK:
(i)
Porch or habitable portion of dwelling 4.5 m (14.8 ft)
(ii)
Attached garage 6 m (19.7 ft)
(d)
MINIMUM SIDE YARD SETBACK:
(i)
Interior lot for a townhouse dwelling 3 m (10 ft) and 0.0 m between the
common wall dividing individual townhouse dwelling units
(ii)
Corner lot for a townhouse dwelling 4.5 m (14.7 ft) on the side abutting a
street and 3.0 m (10 ft) on the other side
(iii)
Multiple unit dwelling 10.0 m (33 ft)
(e)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(f)
MAXIMUM LOT COVERAGE:
(i)
habitable building(s) 40%
(ii)
all buildings including accessory buildings 45%
(g)
MINIMUM LANDSCAPE OPEN SPACE: 35%
(h)
MAXIMUM DENSITY: 35 units per hectare
9.3.21
(a)
DEFINED AREA: UR3-21 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES:
-
Accessory use
-
Townhouse dwelling
(c)
MINIMUM SIDE YARD SETBACK:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
117
(i)
Interior lot 3 m (10 ft) and 0.0 m between the common wall dividing
individual townhouse dwelling units
(ii)
Corner lot 4.5 m (14.7 ft) on the side abutting a street and 3.0 m (10 ft) on
the other side on a corner lot
(d)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(e)
MAXIMUM LOT COVERAGE:
(i)
habitable building(s) 40%
(ii)
all buildings including accessory buildings 45%
(f)
MINIMUM LANDSCAPE OPEN SPACE 35%
(g)
MAXIMUM DENSITY: 35 units per hectare
(h)
HOLDING SYMBOL: A precondition for the removal of the Hold symbol (h-10)
shall be that a Noise and Vibration Impact Analysis be prepared by a qualified
professional in association with the site plan approval processes for any
proposed development on the lands to which the holding symbol applies and that
any recommendation for noise or vibration mitigation arising from the Noise and
Vibration Impact Analysis have been incorporated into the condition of site plan
approval and the building design that the proposed development will meet the
Ministry of Environment, Conservation and Parks (MECP) criteria and guidelines
9.3.22
(a)
DEFINED AREA: UR3-22 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES
-
Accessory use
-
Townhouse dwelling
(c)
MINIMUM SIDE YARD SETBACK
(i)
Interior lot 3 m (10 ft) and 0.0 m between the common wall dividing
individual townhouse dwelling units
(ii)
Corner lot 4.5 m (14.7 ft) on the side abutting a street and 3.0 m (10 ft) on
the other side on a corner lot
(d)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(e)
MAXIMUM LOT COVERAGE: 40% for the main use; 43% for all buildings
including accessory buildings subject to Section 4.1a)
(f)
MINIMUM LANDSCAPED OPEN SPACE: 35% and a minimum 15 m wide
landscape open space area along the northern property line abutting the existing
railway right of way
(g)
MAXIMUM DENSITY: 35 units per hectare
(h)
MINIMUM DWELLING UNIT SETBACK FROM RAIL LINE: 60 m (197 ft) from the
existing railway right of way in the absence of a combination safety berm and
acoustical mitigation fence adjoining and parallel to the existing railway right of
way, or 30 m (98 ft) in conjunction with a safety berm and acoustical mitigation
fence
Municipality of Middlesex Centre - Comprehensive Zoning By-law
118
(h)
HOLDING SYMBOL: A precondition for the removal of the Hold symbol (h-10)
shall be that a Noise and Vibration Impact Analysis be prepared by a qualified
professional in association with the site plan approval processes for any
proposed development on the lands to which the holding symbol applies and that
any recommendation for noise or vibration mitigation arising from the Noise and
Vibration Impact Analysis have been incorporated into the condition of site plan
approval and the building design that the proposed development will meet the
Ministry of Environment, Conservation and Parks (MECP) criteria and guidelines
9.3.23
(a)
DEFINED AREA: UR3-23 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES:
-
Accessory use
-
Townhouse dwelling
(c)
MINIMUM SIDE YARD SETBACK: 6 m (19.7 ft)
(d)
MINIMUM AMENITY AREA: 20 m² (215.3 ft²)
(e)
MAXIMUM DENSITY: 60 units per hectare
(f)
MINIMUM LANDSCAPED OPEN SPACE: 30% including, but not limited to
Amenity Area, as percentage of the total lot area
(g)
HOLDING SYMBOL: A precondition for the removal of the Hold symbol (h-10)
shall be that a Noise and Vibration Impact Analysis be prepared by a qualified
professional in association with the site plan approval processes for any
proposed development on the lands to which the holding symbol applies and that
any recommendation for noise or vibration mitigation arising from the Noise and
Vibration Impact Analysis have been incorporated into the condition of site plan
approval and the building design that the proposed development will meet the
Ministry of Environment, Conservation and Parks (MECP) criteria and guidelines
9.3.24
(a)
DEFINED AREA: UR3-24 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES:
-
Accessory use
-
Townhouse dwelling
(c)
MINIMUM FRONT YARD SETBACK:
(i)
Interior lot 3 m (10 ft) and 0.0 m between the common wall dividing
individual townhouse dwelling units
(ii)
Corner lot 4.5 m (14.7 ft) on the side abutting a street and 3.0 m (10 ft) on
the other side on a corner lot
(d)
MINIMUM REAR YARD SETBACK: 6.0 m (19.7 ft)
(e)
MAXIMUM LOT COVERAGE: 40% for the main use; 43% for all buildings
including accessory buildings subject to Section 4.1a)
(f)
MINIMUM LANDSCAPE OPEN SPACE: 35%
Municipality of Middlesex Centre - Comprehensive Zoning By-law
119
(g)
MAXIMUM DENSITY: 35 units per hectare
9.3.25
(a)
DEFINED AREA: UR3-25 as shown on Schedule "A", Key Map U-8
(b)
MINIMUM FRONT YARD SETBACK: in accordance with Section 10.1.15; the
attached garage shall not be closer to the street than the porch or habitable
portion of the dwelling
(c)
MAXIMUM HEIGHT: 12.0 m (39.3 ft)
(d)
MINIMUM AMENITY AREA: 40.0 m² (430.5 ft²) per unit
(e)
Notwithstanding the definition of "LOT", the entire area zoned UR3-25 is
considered a "Lot", and the regulations applicable to the subject lands apply to
the zoned lands as a whole and not to any individual unit on a registered vacant
land condominium plan.
(f)
Notwithstanding Section 4.24 e), 'Dimensions of Parking Spaces, all parking
spaces shall have minimum rectangular dimensions of 2.7 m (8.9 ft) by 6.0 m
(19.7 ft).
(g)
Notwithstanding Section 4.24 g), 'Yards Where Permitted', a planting strip
separating an uncovered parking area from a lot line shall not be required on one
side of the uncovered parking area.
9.3.26
(a)
DEFINED AREA: UR3-26 as shown on Schedule "A", Key Map U-9
(b)
PERMITTED USES:
-
Accessory use
-
Apartment dwelling
-
Multiple unit dwelling
(c)
MINIMUM LOT FRONTAGE:24 M (78.7 ft)
(d)
MINIMUM FRONT YARD SETBACK: 4.1 m (13.5 ft)
(e)
MINIMUM SIDE YARD SETBACK: 6m (19.7 ft) on the side abutting a street and
2.9m (9.5 ft) on the other side on a corner lot
(f)
MINIMUM REAR YARD SETBACK: 5.7 m (18.7 m)
(g)
Notwithstanding 4.30(a)(vi), sun decks may project not more than 3.0 m (9.8 ft)
into the rear yard
9.3.27
(a)
DEFINED AREA: UR3-27 as shown on Schedule "A", Key Map U-8
(b)
MINIMUM LOT AREA: 1.0 ha (2.47 ac)
(c)
MINIMUM LOT FRONTAGE: 9.8 m (32.1 ft)
(d)
MAXIMUM HEIGHT: 14 m (46 ft)
(e)
MINIMUM SIDE YARD SETBACK: 8m (26.2 ft) when abutting a shared lot line
with existing residential units; 6.0 m (19.7 ft) when abutting a lot line with no
Municipality of Middlesex Centre - Comprehensive Zoning By-law
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existing residential units; no side yard shall be required along a common wall that
divides individual dwelling units.
(f)
MINIMUM SIDEYARD SETBACK ABUTTING COMMERCIAL ZONE: 5.8 m (19.0
ft) from the exterior wall of an end dwelling unit to the lot line; 8.0 m (26.2 ft) from
the rear of a dwelling unit to the lot line.
(g)
MINIMUM REAR YARD SETBACK: 8 m (26.2 ft); no rear yard shall be required
along a common wall that divides individual dwelling units.
(h)
VISITOR PARKING SPACES: a minimum of 0.1 parking spaces per dwelling unit
shall be provided on-site for the visitors in addition to the parking rate
requirement in Section 4.24 of this By-law.
(i)
MAXIMUM DENSITY: 60 units per hectares
(j)
ATTACHED GARAGES: Garages attached to dwelling units cannot be located
closer to an lot line than the habitable portion of the dwelling it is attached to.
(k)
Notwithstanding the definition of "LOT", the entire area zoned UR3-27 is
considered a "Lot", and despite any future severance, partition, or division of the
lot within a condominium plan, the provisions of this By-law shall apply to the
whole of the zone as if no severance, partition or division had occurred.
9.3.28
(a)
DEFINED AREA: UR3-28 as shown on Schedule "A", Key Map U-7
(b)
MINIMUM LOT AREA: 20.0 m (65.6 ft)
(c)
MINIMUM FRONT YARD SETBACK: 6.0 m (19.7 ft) to a public street and
private, internal road
(d)
MINIMUM SIDE YARD SETBACK (INTERIOR):
(i)
setback when abutting a commercial zone (northern property lines): 6.0m
(19.7 ft) from the lot line of 3.0 m (9.84 ft) when the side of a building faces
the lot line; 0.0 m (0.0 ft) between the common wall dividing individual
townhouse dwelling units
(ii)
setback when abutting residential zones (eastern and southern property
lines): 6.0 m (19.7 ft) from the lot line or 1.8 m (5.9 ft) when the side of a
building faces the lot line; 0.0 m (0.0 ft) between the common wall dividing
individual townhouse dwelling units.
(e)
MINIMUM SIDEYARD SETBACK (EXTERIOR): 0.6 m (19.7 ft) to the lot lines
abutting George Street
(f)
MINIMUM REAR YARD SETBACK:
(i)
setback when abutting residential zones (western property line): 6.0 m
(19.7 ft) from the lot line or 4.0 m (13.1 ft) when the side of the building
faces the lot line and contains no windows to bedrooms
(g)
MAXIMUM DENSITY: 35 units per hectares
(h)
Notwithstanding the definition of "Lot", the entire area zoned UR3-28 is
considered a "Lot", and the regulations applicable to the subject lands apply to
Municipality of Middlesex Centre - Comprehensive Zoning By-law
121
the zoned lands as a whole and not to any individual unit on a registered vacant
land condominium plan.
9.4
TEMPORARY USES
None.
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10.0 COMMUNITY RESIDENTIAL FIRST DENSITY
(CR1) ZONE
The provisions of the Community Residential First Density (CR1) Zone shall apply to
low density residential development in the village areas of the Municipality, which are
serviced by a public water supply system and individual on-site private sewage
disposal systems..
10.1
GENERAL USE REGULATIONS
10.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Community Residential First Density (CR1) Zone except for the following
purposes:
-
accessory use
-
additional residential units
-
home occupation
-
single detached dwelling
10.1.2 MINIMUM LOT AREA
(a)
700.0 m² (7,535 ft²)
10.1.3
MINIMUM LOT FRONTAGE
(a)
20.0 m (66 ft)
10.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 8.0 m (26 ft)
10.1.5
MINIMUM SIDE YARD SETBACK
(a)
Interior lot: 1.5 m (5 ft) on one side and 2.5 m (8 ft) on the other side
(b)
Exterior side yard is adjacent to a front yard of an abutting lot: 8.0 m (26 ft) on the
side abutting the street and 1.5 m (5 ft) on the other side
(c)
Rear yard is adjacent to a rear yard of an abutting lot: 5.0 m (16 ft) on the side
abutting the street and 1.5 m (5 ft) on the other side
10.1.6 MINIMUM REAR YARD SETBACK
(a)
8.0 m (26 ft)
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10.1.7
MAXIMUM LOT COVERAGE
(a)
main building: 35%
(b)
all buildings including accessory buildings subject to Section 4.1a): 38%
10.1.8
MINIMUM FLOOR AREA
(a)
single detached dwelling: 90.0 m² (969 ft²)
10.1.9
MAXIMUM HEIGHT
(a)
single detached dwelling: 12.0 m (39.4 ft)
10.1.10 MAXIMUM NUMBER OF DWELLINGS PER LOT
(a)
One (1) principal dwelling is permitted on a lot and additional residential units in
accordance with Section 4.2 of this By-law OR
(b)
Three (3) dwelling units
10.2
SPECIAL USE REGULATIONS
10.2.1
MUNICIPAL SERVICES
No dwelling shall be erected, used or altered unless such dwelling is connected to a
public water supply system.
10.3
EXCEPTIONS
10.3.1
(a)
DEFINED AREA: CR1-1 as shown on Schedule A, Map U-5
(b) MINIMUM REAR YARD SETBACK: 30.0 m (98 ft)
10.3.2
(a)
DEFINED AREA: CR1-2 (h-1) as shown on Schedule A, Map U-5
(b) PERMITTED USE:
-
existing horticultural establishment
-
all other permitted uses of the CR1 zone
10.3.3
(a)
DEFINED AREA: CR1-3 as shown on Schedule A, Key Map U-5
(b) PERMITTED USES:
-
existing accessory buildings
-
all other permitted uses of the CR1 zone
10.3.4
(a)
DEFINED AREA: CR1-4 as shown on Schedule 'A', Key Map U-5
(b) MINIMUM LOT FRONTAGE: 11.82 m
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10.3.5
(a)
DEFINED AREA: CR1-5 as shown on Schedule 'A', Key Map U-5
(b) MINIMUM FRONT YARD SETBACK: 100 m (328 ft)
(c) MINIMUM SIDE YARD SETBACK: 8 m (26.25ft) to and interior lot line
10.3.6
(a)
DEFINED AREA: CR1-6 as shown on Schedule "A", Key Map U-5
(b) MINIMUM SIDE YARD SETBACK: 1.65 m (5.4 ft) on the side abutting the street
and 1.5 m (5 ft) on the other side
10.4
TEMPORARY USES
None.
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11.0 COMMUNITY RESIDENTIAL SECOND DENSITY
(CR2) ZONE
The provisions of the Community Residential Second Density (CR2) Zone shall apply
to low density residential development in the village areas of the Municipality, which
are serviced by a public water supply system and individual on-site private sewage
disposal systems.
11.1
GENERAL USE REGULATIONS
11.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Community Residential Second Density (CR2) Zone except for the following
purposes:
-
accessory use
-
additional residential units
-
duplex dwelling
-
home occupation
-
semi-detached dwelling
-
single detached dwelling
11.1.2
MINIMUM LOT AREA
(a)
1,500.0 m² (0.4 ac)
11.1.3
MINIMUM LOT FRONTAGE
(a)
20.0 m (66 ft)
11.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 8.0 m (26 ft)
11.1.5
MINIMUM SIDE YARD SETBACK
(i)
single detached dwelling, semi-detached: 1.5 m (5 ft) on an interior lot, and 8.0 m
(26 ft) on the side abutting a street and 1.5 m (5 ft) on the other side on a corner
lot; provided that no side yard shall be required between the common wall
dividing individual semi-detached dwelling units.
(ii)
duplex dwelling: 1.5 m (5 ft) on an interior lot; and on a corner lot 8.0 m (26 ft) on
the side abutting a street and 1.5 m (5 ft) on the other side.
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11.1.6
MINIMUM REAR YARD SETBACK
(a)
8.0 m (26 ft)
11.1.7
MINIMUM AMENITY AREA
(a)
45.0 m² (484 ft²) per dwelling unit
11.1.8
MAXIMUM LOT COVERAGE
(a)
main building: 35%
(b)
all buildings including accessory buildings subject to Section 4.1a): 38%
11.1.9
MINIMUM FLOOR AREA
(a)
65.0 m² (700 ft²) per dwelling unit, excluding additional residential units
11.1.10 MAXIMUM HEIGHT
(a)
12.0 m (39.4 ft)
11.2
SPECIAL USE REGULATIONS
11.2.1
MUNICIPAL SERVICES
No dwelling shall be erected, used or altered unless such dwelling is connected to a
public water supply system.
11.3
EXCEPTIONS
None.
11.4
TEMPORARY USES
None.
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12.0 HAMLET RESIDENTIAL FIRST DENSITY (HR1)
ZONE
The provisions of the Hamlet Residential First Density (HR1) Zone shall apply to low
density residential development in the hamlet areas of the Municipality, which are
serviced either by a public water supply system and individual on-site private sewage
disposal systems; or individual on-site private wells and sewage disposal systems.
12.1
GENERAL USE REGULATIONS
12.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Hamlet Residential First Density (HR1) Zone except for the following purposes:
-
accessory use
-
additional residential unit
-
bed and breakfast establishment
-
converted dwelling
-
home occupation
-
single detached dwelling
12.1.2
MINIMUM LOT AREA
(a)
where a public water supply and public sanitary sewage systems are not
available: 2,000.0 m² (0.5 ac)
(b)
where a public water supply or public sanitary sewage system is available:
1,500.0 m² (0.4 ac)
12.1.3
MINIMUM LOT FRONTAGE
(a)
20.0 m (66 ft)
12.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 6.0 m (20 ft)
12.1.5
MINIMUM SIDE YARD SETBACK
(a)
interior lot: 1.5 m (5 ft) on one side and 2.5 m (8 ft) on the other side;
(b)
corner lot: 6.0 m (20 ft) on the side abutting the road and 1.5 m (5 ft) on the other
side
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12.1.6
MINIMUM REAR YARD SETBACK
(a)
8.0 m (26 ft)
12.1.7
MINIMUM FLOOR AREA
(a)
single detached dwelling: 90.0 m² (969 ft²)
12.1.8
MAXIMUM HEIGHT
(a)
single detached dwelling: 12.0 m (39.4 ft)
12.1.9
MAXIMUM LOT COVERAGE
(a)
main building: 35%
(b)
all buildings including accessory buildings subject to Section 4.1a): 38%
12.1.10 MAXIMUM NUMBER OF DWELLINGS PER LOT
(a)
One (1) principal dwelling is permitted on a lot and additional residential units in
accordance with Section 4.2 of this By-law
12.2
SPECIAL USE REGULATIONS
None.
12.3
EXCEPTIONS
12.3.1
(a)
DEFINED AREA: HR1-1 as shown on Schedule A, Maps U-10, U-11 and U-12
(b)
MINIMUM LOT FRONTAGE: 30.0 m (98 ft)
12.3.2
(a)
DEFINED AREA: HR1-2 as shown on Schedule A, Map U-12
(b)
MINIMUM LOT AREA: 1.6 ha (4 ac)
(c)
MINIMUM LOT FRONTAGE: 120.0 m (394 ft)
(d)
MINIMUM INTERIOR SIDE YARD SETBACK: 67.0 m (220 ft) on one side and
3.0 m (10 ft) on the other side
(e)
MAXIMUM LOT COVERAGE: 10%
(f)
SEPARATION FROM WATERCOURSE: Notwithstanding Section 4.20 of this By-
law, no building or structure, other than a bridge approved by the Conservation
Authority, shall be located within a distance of 15.25 metres (50 ft) from the top of
bank of any natural watercourse.
12.3.3
(a)
DEFINED AREA: HR1-3 as shown on Schedule A, Map U-12
(b)
MINIMUM LOT AREA: 460 m² (0.1 ac)
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(c)
MINIMUM LOT FRONTAGE: 15.0 m (49 ft)
(d) MAXIMUM LOT COVERAGE: 38%
12.3.4
(a)
DEFINED AREA: HR1-4 (h-1) as shown on Schedule A, Map U-12
(b)
MINIMUM LOT AREA: 300.0 m² (3,229 ft²)
(c)
MINIMUM LOT FRONTAGE: 10.0 m (33 ft)
(d) MINIMUM SIDE YARD SETBACK:
(i)
3.0 m (10 ft) shall be required on one side of any dwelling without an
attached garage or carport; and
(ii)
0 m shall be required on one side of a single detached dwelling having no
exterior doors, windows or other openings within the yard width that
otherwise would be required, and having all roof drainage directed onto the
lot of that dwelling, and having a registered private maintenance easement
of at least 2.0 m (7 ft) width and an eave and footing encroachment
easement on the adjacent lot.
12.3.5
(a)
DEFINED AREA: HR1-5 as shown on Schedule A, Map U-12
(b)
MINIMUM LOT AREA: 0.60 ha (1.48 ac)
(c)
MINIMUM LOT FRONTAGE: 0 m (0 ft)
12.3.6
(a)
DEFINED AREA: HR1-6 as shown on Schedule A, Map U-6
(b)
PERMITTED USES:
-
two (2) dwelling units
-
all other permitted uses of the HR1 zone
(c)
MINIMUM LOT AREA: 809.37 m² (0.2 ac)
12.3.7
(a)
DEFINED AREA: HR1-7 as shown on Schedule A, Map U-6
(b)
MINIMUM LOT AREA: 809.37 m² (0.2 ac)
12.3.8
(a)
DEFINED AREA: HR1-8 as shown on Schedule A, Key Map U-12
(b)
SPECIAL PROVISION: Notwithstanding section 4.15(b), where a lot is divided
into two or more zones, the uses, buildings and structures permitted on the lot
shall be limited in each of the zones to those permitted in that zone but,
otherwise, for the purposes of zoning regulations of lot area and frontage and of
the location of buildings and structures on the lot, the lot shall be considered a
single lot, rather than separate as otherwise contemplated by section 4.15(b).
12.3.9
(a)
DEFINED AREA: HR1-9 as shown on Schedule 'A', Key Map U-12, to this By-law
(b)
PERMITTED USES:
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130
-
accessory use
-
home occupation
-
single-detached dwelling
-
townhouse dwelling (up to a maximum of four dwelling units)
12.3.10 (a)
DEFINED AREA: HR1-10 as shown on Schedule 'A', Key Map U-12, to this By-
law
(b)
MINIMUM INTERIOR SIDE YARD SETBACK: 3.0 m (9.84 ft) on both sides of a
single detached dwelling
(c)
TOTAL MAXIMUM COVERAGE FOR ALL ACCESSORY BUILDINGS AND
STRUCTURE: 111.484 m² (1,200 ft²)
12.3.11 (a)
DEFINED AREA: HR1-11 as shown on Schedule 'A', Key Map U-04, to this By-
law
(b)
TOTAL GROSS FLOOR AREA FOR ALL ACCESSORY BUILDINGS: 93.0 m²
12.3.12 (a)
DEFINED AREA: HR1-12 as shown on Schedule "A", Key Map U-12
(b)
PERMITTED USES:
-
accessory use
-
home occupation
-
single detached dwelling
(c)
MINIMUM FRONT YARD SETBACK:
(a) in accordance with Section 4.19 of this By-law
(b)
all other roads: 6.0 m (20 ft)
(d) MINIMUM SIDE YARD SETBACK:
(a) Interior lot: 3.0 m (10 ft)
(b)
Corner lot in accordance with Section 4.19 of this By-law on the side
abutting the road, and 3.0 m (10 ft) on the other side
(e)
SETBBACK FROM IMPERIAL OIL PIPELINE: Notwithstanding Section 13.1 of
the By-law, no dwelling units and attached garages shall be located on Lots
1,2,3,4 and 9 within 13m (43 ft) of the Imperial Oil Pipeline easement.
Notwithstanding section 4.1 of the By-law, accessory buildings and structures,
and accessory uses, including, but not limited to swimming pools and sheds, may
not be located on Lots 1,2,3,4, and 9 within 13m (43 ft) of the Imperial Oil
Pipeline easement, unless approval is provided by Imperial Oil.
12.3.13 (a)
DEFINED AREA: HR1-13 as shown on Schedule "A", Key Map U-12
(b)
PERMITTED USES:
-
accessory use
-
home occupation
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-
single detached dwelling
(c)
MINIMUM FRONT YARD SETBACK:
(a) in accordance with Section 4.19 of this By-law
(b)
all other roads: 6.0 m (20 ft)
(d) MINIMUM SIDE YARD SETBACK:
(a) Interior lot: 2.5 m (8.2 ft)
(b)
Corner lot in accordance with Section 4.19 of this By-law on the side
abutting the road, and 3.0 m (10 ft) on the other side
(e)
MAXIMUM FLOOR AREA: 200 m² (2, 152 ft²)
(f)
MAXIMUM NUMBER OF BEDROOMS: Single Detached dwellings shall be
limited to a maximum of three bedrooms.
(g) Notwithstanding 12.3.13 (e) and (f), single detached dwellings may have more
than three bedrooms up to a maximum floor area to 325 m² if serviced by a Level
IV Treatment Unit sewage system.
12.3.14 (a)
DEFINED AREA: HR1-14 as shown on Schedule "A", Key Map U-12
(b)
PERMITTED USES:
-
accessory use
-
home occupation
-
single detached dwelling
(c)
MINIMUM FRONT YARD SETBACK:
(a) in accordance with Section 4.19 of this By-law
(b)
all other roads: 6.0 m (20 ft)
(d) MINIMUM SIDE YARD SETBACK:
(a) Interior lot:2.5 m (8.2 ft)
(e)
MAXIMUM FLOOR AREA: 200 m² (2,152 ft²)
(f)
MAXIMUM NUMBER OF BEDROOMS: Single Detached dwellings shall be
limited to a maximum of three bedrooms
(g) Notwithstanding 13.3.14 (e) and (f), single detached dwellings may have more
than three bedrooms up to a maximum floor area to 325 m² if serviced by a Level
IV Treatment Unit sewage system
12.3.15 (a)
DEFINED AREA: HR1-15 as shown on Schedule "A", Key Map U-12
(b)
MINIMUM LOT FRONTAGE: 30.0 m (98 ft)
(c)
MINIMUM LOT AREA: 1,950 m² (0.48 ac)
(d) MINIMUM REAR YARD SETBACK: 2.3 m (7.5 ft)
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12.3.16 (a)
DEFINED AREA: HR1-16 as shown on Schedule "A", Key Map U-12
(b)
MINIMUM LOT FRONTAGE: 30.0 m (98 ft)
(c)
MINIMUM LOT AREA: 1,950 m² (0.48 ac)
12.4
TEMPORARY USES
NUMBER STATUS
12.4.1
EXPIRED on February 27, 2016.
12.4.2
EXPIRED on May 22, 2015.
12.4.3
EXPIRED ON August 11, 2024.
12.4.4
(a) DEFINED AREA: HR1-1(t-1) as shown on Schedule 'A', Key Map U-
11
(b) ADDITIONAL USE PERMITTED: The existing single-detached
dwelling is to remain on the subject property for a temporary period, in
addition to a new single-detached dwelling and other uses permitted in
Section 13.1.1 of this By-law.
(c) EXPIRATION: The provision of this zoning category will expire on
April 19, 2026.
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13.0 SURPLUS RESIDENCE (SR) ZONE
The provisions of the Surplus Residence (SR) Zone shall apply to lots that have been
severed as a result of farm consolidation in order to accommodate surplus farm
residences.
13.1
GENERAL USE REGULATIONS
13.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Surplus Residence (SR) Zone except for the following purposes:
-
accessory use
-
additional residential unit
-
bed and breakfast establishment
-
converted dwelling
-
dog kennel
-
home occupation
-
single detached dwelling
13.1.2
LIVESTOCK
Notwithstanding any other provisions of this By-law, livestock shall be prohibited within
the Surplus Residence (SR) Zone.
13.1.3
MINIMUM LOT AREA
(a)
2,000.0 m² (0.5 ac)
13.1.4
MINIMUM LOT FRONTAGE
(a)
30.0 m (98 ft)
13.1.5
MINIMUM FRONT YARD SETBACK
(a) In accordance with Section 4.19 of this By-law
13.1.6
MINIMUM SIDE YARD SETBACK
(a)
Interior Yard: 3 m (10 ft)
(b)
Exterior Yard: In accordance with Section 4.19 of this By-law
13.1.7
MINIMUM REAR YARD SETBACK
(a)
8.0 m (26 ft)
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13.1.8
MAXIMUM HEIGHT
(a)
Permitted uses, excluding an accessory use: 12.0 m (39.4 ft)
13.1.9
MAXIMUM LOT COVERAGE
(a)
35%
13.1.10 MAXIMUM NUMBER OF DWELLINGS PER LOT
One (1) principal dwelling is permitted on a lot and additional residential units in
accordance with Section 4.2 of this By-law.
13.1.11 DOG KENNELS & DOG RUNS
In addition to previous provisions of Section 14.0 of this By-law, the following
provisions shall apply to dog kennels and dog runs in the Surplus Residence (SR)
Zone:
(a)
minimum area for dog runs: 10.0 m² (108 ft2)
(b)
minimum distance from a dwelling situated on a separate lot: 150.0 m (492 ft)
13.2
SPECIAL USE REGULATIONS
None.
13.3
EXCEPTIONS
13.3.1
(a)
DEFINED AREA: SR-1 as shown on Schedule 'A', Key Map 31, to this By-law
(b)
MINIMUM LOT FRONTAGE: 25.146 m (82.5 ft)
13.3.2
(a)
DEFINED AREA: SR-2 as shown on Schedule 'A', Key Map 97, to this By-law
(b)
MAXIMUM TOTAL AREA PERMITTED FOR ALL RESIDENTIAL ACCESSORY
BUILDINGS: 200.8 m²
13.3.3
(a)
DEFINED AREA: SR-3 as shown on Schedule 'A', Key Map 89, to this By-law
(b)
MAXIMUM TOTAL AREA PERMITTED FOR ALL RESIDENTIAL ACCESSORY
BUILDINGS: 179.1 m² (1,928 ft²)
13.3.4
(a)
DEFINED AREA: SR-4 as shown on Schedule 'A', Key Map 74, to this By-law
(b)
MAXIMUM HEIGHT: Notwithstanding any other provisions of this by-law, the
maximum height for an existing accessory building shall not exceed 6.6 metres
(21.6 ft)
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135
13.3.5
(a)
DEFINED AREA: SR-5 as shown on Schedule 'A', Key Map 36, to this By-law
(b)
MAXIMUM TOTAL AREA PERMITTED FOR ALL RESIDENTIAL ACCESSORY
BUILDINGS: 171.5 m² (1,846 ft²)
13.3.6
(a)
DEFINED AREA: SR-6 as shown on Schedule 'A', Key Map 56, to this By-law
(b)
MAXIMUM TOTAL AREA PERMITTED FOR ALL RESIDENTIAL ACCESSORY
BUILDINGS: 183.5 m² (1,975 ft²)
13.3.7
(a)
DEFINED AREA: SR-7 as shown on Schedule 'A', Key Map 52, to this By-law
(b)
ACCESSORY BUILDINGS: Notwithstanding any other provisions of this by-law,
existing accessory buildings shall be permitted in the front yard.
13.3.8
(a)
DEFINED AREA: SR-8 as shown on Schedule 'A', Key Map 1, to this by-law
(b)
MAXIMUM TOTAL AREA PERMITTED FOR ALL RESIDENTIAL ACCESSORY
BUILDINGS: 185.81 m² (2,000 ft²)
13.3.9
(a)
DEFINED AREA: SR-9 as shown on Schedule 'A', Key Map 96, to this by-law
(b)
MINIMUM LOT FRONTAGE: 13.51 m (44.3 ft)
13.3.10 (a)
DEFINED AREA: SR-10 as shown on Schedule 'A', Key Map 40, to this by-law
(b)
MINIMUM REAR LOT SETBACK: 4 m (13.1 ft)
13.3.11 (a)
DEFINED AREA: SR-11 as shown on Schedule 'A', Key Map 96, to this by-law
(b)
MINIMUM LOT FRONTAGE: 12.0 m (39.8 ft)
13.3.12 (a)
DEFINED AREA: SR-12 as shown on Schedule 'A', Key Map 51, to this by-law
(b)
MINIMUM LOT FRONTAGE: 28.96 m (95 ft)
13.3.13 (a)
DEFINED AREA: SR-13 as shown on Schedule 'A', Key Map 42, to this by-law
(b)
MINIMUM LOT FRONTAGE:10.4 m (32 ft)
13.3.14 (a)
DEFINED AREA: SR-14 as shown on Schedule 'A', Key Map 59, to this by-law
(b)
MINIMUM LOT FRONTAGE: 14.73 m (48.3 ft)
13.3.15 (a)
DEFINED AREA: SR-15 as shown on Schedule 'A', Key Map 34
(b)
MINIMUM LOT FRONTAGE: 25.14 m (82.5 ft)
(c)
MINIMUM REAR YARD SETBACK: 1.2 m (3.93 ft)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
136
13.3.16 (a)
DEFINED AREA: SR-16 as shown on Schedule "A", Key Map 43
(b)
MINIMUM FRONT YARD SETBACK:10 m (32.8 ft)
13.4
TEMPORARY USES
NUMBER STATUS
13.4.1
EXPIRED ON September 26, 2020.
13.4.1
EXPIRED ON March 16, 2025.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
137
14.0 VILLAGE CENTRE (C1) ZONE
The provisions of the Village Centre (C1) Zone shall apply to commercial and mixed-
use development located in the core areas of the Municipality's urban and community
settlement areas.
14.1
GENERAL USE REGULATIONS
14.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Village Centre (C1) Zone except for the following purposes:
-
accessory use
-
animal clinic
-
bed and breakfast establishment
-
boarding house, rooming house, or tourist home
-
clinic
-
club, private
-
day nursery
-
apartment dwelling units connected to and forming an integral part of a main
building and located above the first storey to a maximum of four storeys and/or
located below the first storey in a basement
-
financial institution
-
hotel, motel or tavern
-
museum
-
office, general or professional
-
parking lot
-
personal service establishment
-
pharmacy
-
place of entertainment restaurant
-
restaurant, take-out subject to section 14.2.4
-
service shop, subject to Section 14.2.4
-
store, convenience subject to Section 14.2.4
-
store, retail subject to Section 14.2.4
-
studio
-
tourist information centre
14.1.2
MINIMUM LOT AREA
(a)
where a public water supply and public sanitary sewage systems are not
available: 3,000.0 m² (0.8 ac)
(b)
where a public water supply or public sanitary sewage system is available:
2,000.0 m² (0.5 ac)
(c)
where a public water supply and public sanitary sewage system are available:
1,500.0 m² (0.4 ac)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
138
14.1.3 MINIMUM LOT FRONTAGE
(a)
20.0 m (66 ft)
14.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 0 m (0 ft)
14.1.5
MINIMUM SIDE YARD SETBACK
(i)
where the yard abuts any Residential Zone: 6.0 m (20 ft)
(ii)
corner lot: 6.0 m (20 ft) on the side abutting the road and 0 m (0 ft) on the other
side
14.1.6 MINIMUM REAR YARD SETBACK
(a)
10.0 m (33 ft)
14.1.7
MAXIMUM LOT COVERAGE
(a)
40%
14.1.8
MINIMUM SEPARATION DISTANCE FROM A BUILDING OR PUMP ISLAND TO A
DWELLING
(a)
7.5 m (25 ft)
14.1.9
MAXIMUM HEIGHT
(a)
16.5 m (54 ft)
14.2
SPECIAL USE REGULATIONS
14.2.1
DWELLING UNITS
The following provisions apply where a part of a building used or intended for purposes
of a commercial use in the Village Centre (C1) Zone is designed, used, or intended for
use as a dwelling unit:
(a)
Access: Pedestrian access to each dwelling unit, other than an accessory
dwelling unit, shall be for the sole use of the occupants of the said dwelling unit
and any other dwelling units located in the same building.
(b)
Exception: No building wherein gasoline, petroleum products or any other highly
flammable, toxic, or explosive products are handled for commercial purposes
shall have contiguous dwelling units. Where such dwelling units exist and a use
changes to a use involving the aforementioned products, the said dwelling units
shall cease to be occupied as dwelling units.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
139
14.2.2
Not used
14.2.3
Not used
14.2.4
MAXIMUM GROSS FLOOR AREA
The maximum gross floor area for all uses subject to this provision shall be 500.0 m²
(5.381 ft²) per lot.
14.3
EXCEPTIONS
14.3.1
(a)
DEFINED AREA: C1-1 as shown on Schedule A, Map U-7
(b)
PERMITTED USES:
-
day nursery
-
office, general
-
office, professional
-
parking lot
-
store, convenience
-
store, retail
-
restaurant
-
restaurant, drive-thru or take-out
-
service shop
-
dwelling units connected to and forming an integral part of a main building
and located above the first storey to a maximum of two storeys
14.3.2
(a)
DEFINED AREA: C1-2 as shown on Schedule A, Map U-7
(b)
PERMITTED USES:
-
accessory use
-
clinic
-
office, general
-
office, professional
-
parking lot
-
personal service establishment
-
store, convenience
-
store, retail
-
restaurant
-
restaurant, drive-thru or take-out
-
service shop
-
dwelling units connected to and forming an integral part of a main building
and located above the first storey to a maximum of two storeys
14.3.3
(a)
DEFINED AREA: C1-3 as shown on Schedule A, Map U-1
(b)
PERMITTED USES:
Municipality of Middlesex Centre - Comprehensive Zoning By-law
140
-
day nursery
-
dwelling units connected to and forming an integral part of a main building
and located above the first storey to a maximum of two storeys
14.3.4
(a)
DEFINED AREA: C1-4 as shown on Schedule A, Map U-1 and Map U-7
(b)
PERMITTED USES:
-
clinic
-
day nursery
-
institutional uses
-
offices, general or professional
-
personal service establishment
-
public authority office or building
-
service shop
-
store, convenience
-
store, retail
14.3.5
(a)
DEFINED AREA: C1-5 as shown on Schedule A, Map U-7
(b)
PERMITTED USES
-
place of recreation
-
all other permitted uses of the C1 zone
14.3.6
(a)
DEFINED AREA: C1-6 as shown on Schedule A, Map U-7, to this By-law
(b)
PERMITTED USES: The following are permitted uses within existing buildings
only:
-
clinic
-
day nursery
-
institutional uses
-
offices, general or professional
-
personal service establishment
-
public authority office or building
-
service shop
-
store, convenience
-
store, retail
(c)
MINIMUM LOT AREA: 1,2000.0 m² (0. 29 ac)
14.3.7
(a)
DEFINED AREA: C1-7 as shown on Schedule A, Map U-7, to this By-law
(b)
PERMITTED USES:
-
existing single detached dwelling
-
all other permitted uses of the C1 zone excluding a motor vehicle sales
establishment and a motor vehicle service establishment
Municipality of Middlesex Centre - Comprehensive Zoning By-law
141
14.3.8
(a)
DEFINED AREA: C1-8 as shown on Schedule A, Key Map U-12
(b)
PERMITTED USES:
-
dwelling unit as an accessory use
-
all other permitted uses of the C1 zone
14.3.9
(a)
DEFINED AREA: C1-9 as shown on Schedule A, Map U-1
(b)
PERMITTED USES:
-
basement apartment dwelling
-
all other permitted uses of the C1 Zone
(c)
PARKING: Notwithstanding any other provision of this by-law, a total of twelve
(112) parking spaces shall be required for the following uses:
-
Four apartment dwellings
-
Office uses with a gross floor area of 273.51 square metres (2,944.04 sq ft)
-
Retail uses with a gross floor area of 24.99 square metres (269 sq ft)
(d)
PLANTING STRIPS: Notwithstanding any other provision of this by-law, the
minimum width of a planting strip separating a parking area from a lot line shall
be 0.8 metres for the southerly lot line and 0.3 metres for the northerly lot line.
14.3.10 (a)
DEFINED AREA: C1-10 as shown on Schedule A, Map U-1
(b)
PERMITTED USES:
-
accessory use
-
animal clinic
-
bed and breakfast establishment
-
boarding house, rooming house, or tourist home
-
clinic
-
club, private
-
day nursery
-
dwelling units connected to and forming an integral part of a main building
and located above the first storey to a maximum of two storeys
-
financial institution
-
hotel, motel or tavern
-
office, general or professional
-
parking lot
-
personal service establishment
-
place of entertainment
-
restaurant
-
restaurant, drive-thru or take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
Municipality of Middlesex Centre - Comprehensive Zoning By-law
142
14.3.11 (a)
DEFINED AREA: C1-11 as shown on Schedule 'A', Key Map U-9
(b)
PERMITTED USES
-
accessory use
-
animal clinic
-
clinic
-
day nursery
-
dwelling units above the first storey
-
financial institution
-
office, general or professional
-
personal service establishment
-
place of entertainment
-
public authority office
-
restaurant
-
restaurant, take-out
-
store, convenience
-
store, retail
-
studio
(c)
Notwithstanding the permitted uses in 15.3.11, drive-thru facilities shall be
prohibited.
(d)
GLENDON DRIVE (COUNTY ROAD 14) FRONTAGE:
(i)
Percentage of lot frontage to include buildings: 75%
(e)
MINIMUM FRONT YARD SETBACK: 0.0 m
(f)
MAXIMUM FRONT YARD SETBACK FOR BUILDINGS ALONG GLENDON
DRIVE (COUNTY ROAD 14): 1.5 m (4.92 ft)
(g)
MINIMUM EXTERIOR SIDE YARD SETBACK: 0.0 m
(h)
MINIMUM INTERIOR SIDE YARD SETBACK:
(i)
where the yard abuts a residential zone: 3.0 m (9.84 ft)
(ii)
where the yard abuts all other zones:1.5 m (4.92 ft)
(i)
MINIMUM REAR YARD SETBACK:
(i)
where the yard abuts a residential zone: 3.0 m (9.84 ft)
(ii)
where the yard abuts all other zones:1.5 m (4.92 ft)
(j)
MINIMUM PARKING REQUIREMENT: 1 space per 25 square metres of Gross
Floor Area for all permitted commercial uses; save and except for all office uses,
the parking standard for which shall be dictated by Section 4.0 of this By-law. The
number of accessible parking spaces shall be dictated by Section 4.0 of this By-
law.
14.3.12 (a)
DEFINED AREA: C1-12 as shown on Schedule 'A', Key Map U-9, to this By-law
(b)
PERMITTED USES
Municipality of Middlesex Centre - Comprehensive Zoning By-law
143
-
accessory use
-
animal clinic
-
clinic
-
day nursery
-
dwelling units above the first storey
-
financial institution
-
office, general or professional
-
personal service establishment
-
place of entertainment
-
public authority office
-
restaurant
-
restaurant, take-out
-
store, convenience
-
store, retail
-
studio
(c)
Notwithstanding the permitted uses in 15.3.12, drive-thru facilities shall be
prohibited.
(d)
GLENDON DRIVE (COUNTY ROAD 14) FRONTAGE:
(i)
Percentage of lot frontage to include buildings: 65%
(e)
MINIMUM FRONT YARD SETBACK: 0.0 m
(f)
MAXIMUM FRONT YARD SETBACK FOR BUILDINGS ALONG GLENDON
DRIVE (COUNTY ROAD 14): 1.5 m (4.92 ft)
(g)
MINIMUM EXTERIOR SIDE YARD SETBACK: 0.0 m
(h)
MINIMUM INTERIOR SIDE YARD SETBACK:
(i)
where the yard abuts a residential zone: 3.0 m (9.84 ft)
(ii)
where the yard abuts all other zones: 1.5 m (4.92 ft)
(i)
MINIMUM REAR YARD SETBACK:
(i)
where the yard abuts a residential zone: 3.0 m (9.84 ft)
(ii)
where the yard abuts all other zones: 1.5 m (4.92 ft)
(j)
MINIMUM PARKING REQUIREMENT: 1 space per 25 square metres of Gross
Floor Area for all permitted commercial uses; save and except for all office uses,
the parking standard for which shall be dictated by Section 4.0 of this By-law. The
number of accessible parking spaces shall be dictated by Section 4.0 of this By-
law.
14.3.13 removed - see 17.3 Hamlet Commercial Special Exceptions
14.3.14 (a)
DEFINED AREA: C1-14 (h-7) as shown on Schedule 'A', Key Map U-8
(b)
PERMITTED USES:
-
accessory use
Municipality of Middlesex Centre - Comprehensive Zoning By-law
144
-
animal clinic
-
clinic
-
club, private
-
day nursery
-
dwelling units, retirement home or nursing home above the first storey or at
the rear of the ground floor commercial uses
-
financial institution
-
hotel, motel or tavern
-
laboratory
-
office, general or professional
-
personal service establishment
-
place of entertainment
-
restaurant
-
restaurant, take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
(c)
Notwithstanding the permitted uses in 15.3.a, drive-thru facilities shall be
prohibited.
(d)
GLENDON DRIVE (COUNTY ROAD 14) FRONTAGE:
(i)
Percentage of lot frontage to include buildings: 65%
(ii)
All parking areas and any driveways shall be prohibited on that portion of
the land between Glendon Drive (County Road 14) and the northerly
façades of those buildings adjacent to Glendon Drive (County Road 14).
(e)
MINIMUM SETBACK FROM GLENDON DRIVE (COUNTY ROAD 14): 0 m
(f)
MAXIMUM SETBACK FROM GLENDON DRIVE (COUNTY ROAD 14): 5 m
(16.4 ft)
(g)
MINIMUM SIDE YARD SETBACK: 0 m
(h)
MINIMUM REAR YARD SETBACK: 6 m (19.7 ft)
(i)
MAXIMUM LOT COVERAGE: 50%
(j)
MAXIMUM HEIGHT: 28 m (91.9 ft)
14.3.15 (a)
DEFINED AREA: C1-15 (h-7) as shown on Schedule 'A', Key Map U-8
(b)
PERMITTED USES:
-
accessory use
-
animal clinic
-
clinic
-
club, private
-
day nursery
-
dwelling units above the first storey
Municipality of Middlesex Centre - Comprehensive Zoning By-law
145
-
financial institution
-
hotel, motel or tavern
-
laboratory
-
office, general or professional
-
personal service establishment
-
place of entertainment
-
restaurant
-
restaurant, take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
(c)
Notwithstanding the permitted uses in 15.3.b, drive-thru facilities shall be
prohibited.
(d)
GLENDON DRIVE (COUNTY ROAD 14) FRONTAGE:
(i)
Percentage of lot frontage to include buildings: 65%
(ii)
All parking areas and any driveways shall be prohibited on that portion of
the land between Glendon Drive (County Road 14) and the northerly
façades of those buildings adjacent to Glendon Drive (County Road 14).
(e)
MINIMUM SETBACK FROM GLENDON DRIVE (COUNTY ROAD 14): 0 m
(f)
MAXIMUM SETBACK FROM GLENDON DRIVE (COUNTY ROAD 14): 5 m
(16.4 ft)
(g)
MINIMUM SIDE YARD SETBACK: 0 m
(h)
MINIMUM REAR YARD SETBACK WHEN THE YARD IS ADJACENT OR
ACROSS FROM A RESIDENTIAL ZONE: 6 m (19.7 ft)
(i)
MAXIMUM LOT COVERAGE: 50%
(j)
MAXIMUM HEIGHT: 20 m (65.6 ft)
14.3.16 (a)
DEFINED AREA: C1-16 as shown on Schedule 'U-09', to this by-law
(b)
PERMITTED USES:
-
Car wash serviced by a private water supply, used for car washing
purposes only, all other uses shall use municipal services
-
All other uses permitted in the C2 zone.
14.3.17 (a)
DEFINED AREA: C1-17 as shown on Schedule 'U-09', to this by-law
(b)
PERMITTED USES:
-
Animal clinic
-
Financial Institution
-
Studio
Municipality of Middlesex Centre - Comprehensive Zoning By-law
146
(c)
MINIMUM LOT AREA: 740 m²
(d)
MINUMUM INTERIOR SIDE YARD SETBACK: 1.5 m
(e)
MINIMUM NUMBER OF PARKING SPACES: 7
14.3.18 (a)
DEFINED AREA: 'C1-18 h-2 and h-3' as shown on Schedule 'A', Key Map U-9
(b)
PERMITTED USES: Notwithstanding Section 15.1.1, no land shall be used and
no buildings or structures shall be erected, used, or altered except for the
following purposes:
-
accessory use
-
animal clinic
-
apartment dwelling
-
multiple unit dwelling
-
clinic
-
club, private
-
day nursery
-
flea market -outdoor only maximum coverage of 464.5 m² (5,000ft2)
-
financial institution
-
market garden - if outdoor maximum coverage of 464.5 m2 (5,000ft2)
-
office, general or professional
-
park, public
-
parking lot
-
personal service establishment
-
place of entertainment
-
restaurant
-
restaurant, take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
(c)
MINIMUM FRONT YARD SETBACK:2.0 m (6.5 ft)
(d)
MINIMUM INTERIOR SIDE YARD SETBACK: 3.0 m (9.8 ft)
(e)
MINIMUM EXTERIOR SIDE YARD SETBACK: 4.0 m (13.1 ft)
(f)
MAXIMUM DENSITY: 155 units per ha
(g)
MINIMUM OUTDOOR AMENITY AREA: 8 m2 (484.3 ft2) per dwelling unit
(h)
MAXIMUM LOT COVERAGE: All buildings, including all structures enclosing any
of the permitted uses shall not exceed 40% (Inclusive of Public Park)
(i)
MINIMUM LANDSCAPE OPEN SPACE COVERAGE:
-
Landscape Open Space (including, but not limited to, Amenity Area) as
percentage of zone: 25%
-
Public Park: 400 m2 (4,305.5 ft2)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
147
(j)
MAXIMUM BUILDING HEIGHT: 29 m (78.7 ft)
(k)
HEIGHT RESTRICTIONS: In addition to the list of structures in Section 4.9, solar
panels and other similar renewable energy equipment as approved by the
Municipality shall not be permitted to cause the building to exceed the height
restrictions of this by-law by a maximum of 2 metres.
(l)
MINIMUM BUILDING SEPARATION: There shall be a minimum separation
between buildings in the same zone which is measured above 2 metres in
height.: 15.0 m (49.2 ft)
(m) DWELLING UNITS:
(i)
Minimum Floor Area of a Dwelling Unit:
1.
bachelor unit 40.0 m2 (431 ft2)
2.
one-bedroom unit 55.0 m2 (592 ft2)
3.
two-bedroom unit 65.0 m2 (700 ft2)
4.
three-bedroom unit 85.0 m2 (915 ft2)
(ii)
Access: Pedestrian access to apartment building(s), shall be provided from
an adjacent public street, private street or private driveway and shall be for
the sole use of the occupants of the said.
(iii)
Exception: No building wherein gasoline, petroleum products or any other
highly flammable, toxic, or explosive products are handled for commercial
purposes shall have contiguous dwelling units. Where such dwelling units
exist and a use changes to a use involving such products, those dwelling
units shall immediately cease to be occupied as dwelling units.
(n)
LANDSCAPING: Section 4.11 (a) (ii) shall not apply.
(o)
PARKING
i)
Notwithstanding Section 4.24 (a), the owner or occupant of a lot, using a
building or structure for office or retail uses may provide and maintain, one
or more parking spaces on a lot other than the lot specified in Schedule "A"
in accordance with the provisions of this section.
ii)
Notwithstanding Section 4.24 (b), for residential uses, a minimum of 1.1
parking space per dwelling unit and 0.1 parking spaces per dwelling unit for
visitors shall be provided on the lot.
(p)
LOADING: Section 4.24 (m) shall apply to the non-residential gross floor area
only located within building(s) or structure(s) on the lot.
(q)
YARD WHERE PERMITTED: Notwithstanding 4.24 (g):
i)
Driveways and aisles shall not exceed fifteen percent (15%) of the total
area of the lot.
ii)
Except as otherwise provided herein, uncovered surface parking areas and
driveways shall be permitted in any part of any yard, provided that any part
of a parking area located within a required yard shall be separated from any
lot lines adjacent to such required yard by a planting strip not less than
1.0 metre (3.3 ft) in width. This provision shall not apply when the parking
Municipality of Middlesex Centre - Comprehensive Zoning By-law
148
area or driveway is adjacent to a driveway or parking area on the adjacent
property.
(r)
BUILDING RESTRICTIONS: Despite any existing or future severance, partition,
or division of the lot, the provisions of this By-law shall apply to the whole of the
zone as if no severance, partition or division had occurred.
(s)
HOLDING SYMBOL: To ensure orderly development of the land known as Part of
Lot 6, Concession 2 (geographic Township of Lobo), Municipality of Middlesex
Centre:
-
The "(h-2)" holding symbol shall not be removed until a site plan agreement
is completed.
-
The "(h-3)" holding symbol shall not be removed until a noise study is
completed that examines the noise sources in the area that would include
but are not limited to the grain handling operation, CN rail line and
vehicle/road noise. The study shall be to the satisfaction of CN rail as well
as the Municipality of Middlesex Centre.
14.3.19 (a)
DEFINED AREA: C1-19 as shown on Schedule 'U-01', to this by-law
(b)
PERMITTED USES:
-
A Funeral Home, without chapel for services
-
All other uses permitted in the C1 zone
14.3.20 (a)
DEFINED AREA: C1-20 as shown on Schedule "A", Key Map U-7
(b)
PERMITTED USES
-
Accessory use
-
Animal clinic
-
Clinic
-
Club, private
-
Day nursery
-
Dwelling units connected to and forming an integral part of a main building
and located above the first storey to a maximum of two storeys and/or
located below the first storey in a basement
-
Financial institution
-
Personal service establishment
-
Restaurant
-
Restaurant, take-out
-
Store, convenience
-
Store, retail
-
Studio
(c)
MINIMUM REAR YARD SETBACK:
i)
To an existing building: 4.5 m (14.7 ft)
ii)
To a new building: 10 m (33 ft)
Municipality of Middlesex Centre - Comprehensive Zoning By-law
149
14.4
TEMPORARY USES
None.
Municipality of Middlesex Centre - Comprehensive Zoning By-law
150
15.0 HIGHWAY COMMERCIAL (C2) ZONE
The provisions of the Highway Commercial (C2) Zone shall apply to commercial
development generally located in the periphery of the villages and hamlets of the
Municipality.
15.1
GENERAL USE REGULATIONS
15.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Highway Commercial (C2) Zone except for the following purposes:
-
accessory use
-
animal clinic
-
building supply establishment
-
car wash
-
day nursery
-
financial institution
-
flea market
-
garage, public
-
garden centre
-
gas bar
-
hotel, motel or tavern
-
market garden
-
micro-brewery
-
motor vehicle sales establishment
-
motor vehicle service establishment
-
place of entertainment
-
place of recreation
-
nursery
-
office, general
-
office, professional
-
personal service establishment
-
pharmacy
-
restaurant
-
restaurant, drive-thru or take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
-
tourist information centre
15.1.2
MINIMUM LOT AREA
(a)
2,000.0 m2 (0.5 ac)
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15.1.3
MINIMUM LOT FRONTAGE
(a)
30.0 m (98 ft)
15.1.4
MINIMUM LOT DEPTH
(a)
60.0 m (196 ft)
15.1.5
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 10.0 m (33 ft)
15.1.6
MINIMUM SIDE YARD SETBACK
(a)
interior lot: 6.0 m (20 ft);
(b)
corner lot: 10.0 m (33 ft) on the side abutting the road and 6 m (20 ft) on the
other side
15.1.7
MINIMUM REAR YARD SETBACK
(a)
10.0 m (33 ft)
15.1.8
MAXIMUM LOT COVERAGE
(a)
35%
15.1.9
MAXIMUM HEIGHT
(a)
12.0 m (39.4 ft)
15.2
SPECIAL USE REGULATIONS
15.2.1
GARAGE, PUBLIC
In addition to previous provisions of Section 15.0 of this By-law, the following
provisions shall apply to a public garage in the Highway Commercial (C2) Zone:
(a)
maximum area for the open storage: 100.0 m2 (1,076 ft2) of motor vehicles
15.2.2
GAS BARS
Notwithstanding any previous provisions of Section 15.0 of this By-law, a canopy, kiosk
or pump island accessory to a gas bar or a motor vehicle service establishment may
be erected, used or altered within the Highway Commercial (C2) Zone provided such
canopy, kiosk or pump island is located not closer than 4.5 metres (15 ft) from a lot line
or 7.5 metres (25 ft) to a dwelling located on a separate lot.
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15.2.3
MOTOR VEHICLE SERVICE ESTABLISHMENT
Notwithstanding any previous provisions of Section 15.0 of this By-law, the following
provisions shall apply to a motor vehicle service establishment in the Highway
Commercial (C2) Zone:
(a)
MINIMUM LOT AREA: 2,200.0 m2 (0.5 ac)
(b)
MINIMUM LOT FRONTAGE
(i)
interior lot: 45.0 m (148 ft)
(ii)
corner lot: 55.0 m (180 ft)
(c)
MINIMUM LOT DEPTH: 45.0 m (148 ft)
(d)
MINIMUM SIDE YARD SETBACK
(i)
where the yard abuts any Residential Zone: 6.0 m (20 ft)
(ii)
interior lot:4.5 m (15 ft)
(iii)
corner lot: 18.0 m (59 ft) on the side abutting the road and 4.5 m (15 ft) on
the other side
(e)
MINIMUM REAR YARD SETBACK: 1.5 m (5 ft)
(f)
MAXIMUM LOT COVERAGE: 20%
15.2.4
OPEN STORAGE AS AN ACCESSORY USE
Notwithstanding any previous provisions of Section 15.0 of this By-law, open storage
as an accessory use in the Highway Commercial (C2) Zone shall:
(a)
be accessory to a motor vehicle sales establishment and located on the same lot
therewith;
(b)
not be permitted, in the case of a corner lot, within any required exterior side
yard;
(c)
not be permitted within any required side yard or required rear yard where such
yard abuts any Residential or Institutional Zone;
(d)
not exceed twenty-five (25) percent of the total lot area of the lot on which it is
located.
15.3
EXCEPTIONS
15.3.1
(a)
DEFINED AREA: C2-1 as shown on Schedule A, Map 31
(b) PERMITTED USES:
-
gas bar
-
motor vehicle service establishment
15.3.2
(a)
DEFINED AREA: C2-2 as shown on Schedule A, Map U-10
(b) PERMITTED USES:
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-
light industrial use related to the refurbishing of curling stones
-
all other permitted uses of the C2 zone
15.3.3
(a)
DEFINED AREA: C2-3 as shown on Schedule A, Map U-9
(b) PERMITTED USES:
-
clinic
-
club, private
-
funeral home
-
library
-
parking lot
-
all other permitted uses of the C2 zone
(c) MINIMUM LOT AREA: 930.0 m2 (0.23 ac)
(d) MINIMUM LOT FRONTAGE: 15.0 m (49.2 ft)
(e)
MINIMUM INTERIOR SIDE YARD SETBACK:
(i)
where the yard abuts any Residential Zone: 6.0 m (20 ft)
(ii)
where the yard abuts any Non-Residential Zone other than a Commercial
Zone: 3.0 m (9.8 ft)
(iii)
where the yard abuts any Commercial Zone: 0 m (0 ft)
(f)
MAXIMUM LOT COVERAGE: 50%
15.3.4
(a)
DEFINED AREA: C2-4 as shown on Schedule A, Map 87
(b) PERMITTED USES:
-
animal clinic
-
clinic
-
day nursery
-
financial institution
-
funeral home
-
garden centre
-
gas bar
-
hotel, motel or tavern
-
motor vehicle service establishment
-
office, general
-
office, professional parking lot
-
personal service establishment
-
place of recreation
-
restaurant
-
restaurant, drive-thru or take-out
-
school, private
-
service shop
-
store, convenience
-
store, retail
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15.3.5
(a)
DEFINED AREA: C2-5 as shown on Schedule A, Map U-8
(b) PERMITTED USES:
-
self storage establishment
-
all other permitted uses of the C2 zone
15.3.6
(a)
DEFINED AREA: C2-6 as shown on Schedule A, Key Map 64
(b) PERMITTED USES:
-
light industrial use (restricted to the assembly of swimming pools)
-
outside storage (maximum of 20% of total area)
-
all other permitted uses of the C2 zone
15.3.7
(a)
DEFINED AREA: C2-7 as shown on Schedule A, Key Map 15
(b) PERMITTED USES:
-
fuel depot
-
all other permitted uses of the C2 zone
(c) PERMITTED BUILDINGS AND STRUCTURES: Save as hereinafter specifically
permitted, only buildings and structures as the same existed on January 1, 2007
are permitted; and, without limiting the generality of the foregoing, the concrete
slab structure with a side yard setback of 0.08 metres and an exterior side yard
setback of 5.71 metres and located immediately to the south of the metal clad
building which existed on January 1, 2007 as identified on the survey dated
August 23, 2005 prepared by Callon Dietz OLS, shall remain roofless and without
walls and shall only be used in a manner that is incidental, subordinate and
exclusively devoted to the existing loading space to which it is adjacent,
notwithstanding the foregoing:
(i)
additions to such existing buildings and structures for which a building
permit is not required are permitted;
(ii)
structures for which a building permit is not required are permitted; and
(iv)
in the case of a redevelopment that involves the removal of all such existing
buildings and structures, new buildings and structures which comply with
the regulations of this By-law applicable to the Highway Commercial (C2)
Zone are permitted.
15.3.8
(a)
DEFINED AREA: C2-8 as shown on Schedule A, Key Map U-8
(b) PERMITTED USES:
-
industrial use, light
-
all other permitted uses of the C2 zone
15.3.9
(a)
DEFINED AREA: C2-9 as shown on Schedule A, Key Map U-8
(b) MAXIMUM LOT COVERAGE: 40%
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(c) PERMITTED USES:
-
Clinic
-
Open storage as an accessory use to a Building Supply Establishment
-
All other uses permitted in the C2 zone
(d) MINIMUM FRONT YARD SETBACK: 4.0 m
(e)
MIMIMUM EXTERIOR SIDE YARD SETBACK: 4.0 m
(f)
OPEN STORAGE EXCEPTION: Notwithstanding any other provisions of this By-
law:
i)
Open Storage shall be permitted in the rear and side yard
ii)
Open Storage shall have a minimum setback of 4.0 metres from the rear
and side yards
iii)
Open Storage shall not be permitted in the front yard (abutting Glendon
Drive)
iv)
Open storage shall be screened from abutting residential uses
15.3.10 (a)
DEFINED AREA: C2-10 as shown on Schedule "A", Key Map U-5
(b) PERMITTED USES:
-
Self storage establishment
-
all other permitted uses of the C2 zone
(c) SETBACK FROM SENSITIVE LAND USES: The following land uses shall not be
permitted within 91.44 metres (300 feet) of the agricultural and open space strip
legally described as Part of Lot 6, Concession 1 (geographic Township of
Delaware) and as Part 10 on Reference Plan 33R-14639:
-
Car wash
-
Drive-thru, including but not limited to those associated with a restaurant or
financial institution
-
Garage, public
-
Gas bar
-
Motor vehicle sales establishment
-
Motor vehicle service establishment
15.3.11 (a)
DEFINED AREA: C2-11 as shown on Schedule A, Key Map U-8, to this By-law
(b) PERMITTED USES:
-
clinic
-
pharmacy
-
all other permitted uses of the C2 zone
15.3.12 (a)
DEFINED AREA: C2-12 as shown on Schedule A, Key Map U-9, to this By-law
(b) PERMITTED USES:
-
clinic
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-
laboratory
-
all other permitted uses of the C2 zone
(c) MINIMUM REAR YARD SETBACK: 3 m (9.8 ft)
15.3.13 (a)
DEFINED AREA: C2-13 as shown on Schedule A, Key Map U-7, to this By-law
(b) PERMITTED USES:
-
animal clinic
-
clinic
-
day nursery
-
financial institution
-
general or professional office
-
personal service establishment
-
one restaurant, drive-thru permitted at a time
-
convenience store
-
retail store
-
studio
(c) MINIMUM NUMBER PF QUEUING SPACES: Notwithstanding any other
provisions of this by-law, the minimum number of queuing spaces before the first
window of the drive-thru shall be 15.
(d) MINIMUM FRONT YARD SETBACK: 6.5 m (21.3 ft)
(e)
MINIMUM REAR YARD SETBACK: 2.8 metres (9.17 ft)
15.3.14 (a)
DEFINED AREA: C2-14 as shown on Schedule 'A', Key Map 88, to this by-law
(b) PERMITTED USES:
-
Contractor's Yard or Shop
-
All other uses permitted in the C2 zone
15.3.15 Not used
15.3.16 (a)
DEFINED AREA: C2-16 as shown on Schedule 'U-09', to this by-law
(b) PERMITTED USES:
-
Clinic
-
Laboratory
-
Pharmacy
-
All other uses permitted in the C2 zone.
15.3.17 (a)
DEFINED AREA: C2-17 as shown on Schedule "A", Key Map U-10
(b) PERMITTED USES:
-
Self-Storage Establishments
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(c) MINIMUM SIDE YARD SETBACK:
(i)
corner lot: 7.2 m (23.6 ft) on the side abutting the road and 6 m (20 ft) on
the other side.
(d) MINIMUM FRONT YARD SETBACK: 23.4 m (44 ft) from the streetline of a
Township Concession Road 7 spaces.
(e)
MINIMUM NUMBER OF PARKING SPACES: 7 spaces. The number of
accessible parking spaces shall be dictated by Section 4.0 of this By-law
15.4
TEMPORARY USES
None.
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16.0 OFFICE PARK COMMERCIAL (C3) ZONE
The provisions of the Office Park Commercial (C3) Zone shall apply to office park
commercial development generally located in the periphery of the villages in the
Municipality.
16.1
GENERAL USE REGULATIONS
16.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Office Commercial (C3) Zone except for the following purposes:
-
accessory use
-
clinic
-
laboratory
-
office, general
-
office, professional
-
personal service establishment
-
store, convenience
16.1.2
MINIMUM LOT AREA
(a)
2,000.0 m2 (0.5 ac)
16.1.3
MINIMUM LOT FRONTAGE
(a)
30.0 m (98 ft)
16.1.4
MINIMUM LOT DEPTH
(a)
60.0 m (196 ft)
16.1.5
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 10.0 m (33 ft)
16.1.6
MINIMUM SIDE YARD SETBACK
(a)
interior lot: 6.0 m (20 ft)
(b)
corner lot: 10.0 m (33 ft) on the side abutting the road and 6.0 m (20 ft) on the
other side
16.1.7
MINIMUM REAR YARD SETBACK
(a)
10.0 m (33 ft)
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16.1.8
MAXIMUM LOT COVERAGE
(a)
35%
16.1.9
MAXIMUM HEIGHT
(a)
12.0 m(39 ft)
16.2
SPECIAL USE REGULATIONS
None.
16.3
EXCEPTIONS
16.3.1
(a)
DEFINED AREA: C3-1 as shown on Schedule A, U-7
(b)
PERMITTED USES
-
laboratory
-
all other permitted uses of the C3 zone
(c)
MINIMUM LOT FRONTAGE: 27.3 m (90 ft)
(d)
MINIMUM INTERIOR SIDE YARD SETBACK: 3.0 m (20 ft)
(e)
MINIMUM REAR YARD SETBACK:4.2 m (14 ft)
16.3.2
(a)
DEFINED AREA: C3-2 as shown on Schedule 'A', Key Map U-7, to this By-law
(b)
PERMITTED USES
-
accessory use
-
clinic
-
laboratory
-
office, general
-
office, professional
(c)
MINIMUM FRONT YARD SETBACK: 6.0 m (20 ft)
(d)
MAXIMUM FRONT YARD SETBACK: 7.0 m (23 ft)
(e)
MINIMUM SETBACK FROM SOUTHERLY SIDE LOT LINE: 1.5 m (4.92 ft)
(f)
PLANTING STRIPS: Notwithstanding any other provision of this by-law, planting
strips shall not be required.
16.4
TEMPORARY USES
None.
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17.0 HAMLET COMMERCIAL (C4) ZONE
The provisions of the Hamlet Commercial (C4) Zone shall apply to commercial
developments located in the core areas of the Municipality's hamlets.
17.1
GENERAL USE REGULATIONS
17.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Hamlet Commercial (C4) Zone except for the following purposes:
-
bed and breakfast establishment
-
boarding house, rooming house, or tourist home
-
car wash
-
clinic
-
club, private
-
day nursery
-
dwelling units connected to and forming an integral part of a main building and
located above the first storey to a maximum of two storeys and/or located below
the first storey in a basement
-
financial institution
-
garage, public
-
gas bar
-
hotel, motel or tavern
-
motor vehicle sales establishment
-
motor vehicle service establishment
-
office, general or professional
-
parking lot
-
personal service establishment
-
place of entertainment
-
restaurant
-
restaurant, drive-thru or take-out
-
service shop
-
store, convenience
-
store, retail
-
studio
-
tourist information centre
17.1.2
MINIMUM LOT AREA
(a)
where a public water supply and public sanitary sewage systems are not
available: 3,000.0 m2 (0.8 ac)
(b)
where a public water supply or public sanitary sewage system is available:
2,000.0 m2 (0.5 ac)
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(c)
where a public water supply and public sanitary system are available: 1,500.0 m2
(0.4 ac)
17.1.3
MINIMUM LOT FRONTAGE
(a)
20.0 m (66 ft)
17.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads: 0 m (0 ft)
17.1.5
MINIMUM SIDE YARD SETBACK
(a)
where the yard abuts any Residential Zone: 6.0 m (20 ft)
(b)
corner lot: 6.0 m (20 ft) on the side abutting the road and 0 m (0 ft) on the other
side
17.1.6
MINIMUM REAR YARD SETBACK
(a)
10.0 m (33 ft)
17.1.7
MAXIMUM LOT COVERAGE
(a)
40%
17.1.8
MINIMUM SEPARATION DISTANCE FROM A BUILDING OR PUMP ISLAND TO A
DWELLING
(a)
7.5 m (25 ft)
17.1.9
MAXIMUM HEIGHT
(a)
12.0 M (39 FT)
17.2
SPECIAL USE REGULATIONS
17.2.1
CAR WASH
Notwithstanding any previous provisions of Section 17 of this By-law, car wash may be
erected, used or altered within the Hamlet Commercial (C4) Zone provided such car
wash is serviced by a public water supply system.
17.2.2
DWELLING UNITS
The following provisions apply where a part of a building used or intended for purposes
of a commercial use in the Hamlet Commercial (C4) Zone is designed, used, or
intended for use as a dwelling unit:
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(a)
Access: Pedestrian access to each dwelling unit, other than an accessory
dwelling unit, shall be provided from an adjacent street and shall be for the sole
use of the occupants of the said dwelling unit and any other dwelling units
located in the same building.
(b)
Exception: No building wherein gasoline, petroleum products or any other highly
flammable, toxic, or explosive products are handled for commercial purposes
shall have contiguous dwelling units. Where such dwelling units exist and a use
changes to a use involving the aforementioned products, the said dwelling units
shall cease to be occupied as dwelling units.
17.2.3
GARAGE, PUBLIC
In addition to previous provisions of Section 17 of this By-law, the following provisions
shall apply to a public garage in the Hamlet Commercial (C4) Zone:
(a)
maximum area for the open storage 100.0 m2 (1,076 ft2) of motor vehicles
17.2.4
GAS BARS
Notwithstanding any previous provisions of Section 17 of this By-law, a canopy, kiosk
or pump island accessory to a gas bar or a motor vehicle service establishment may
be erected, used or altered within the Hamlet Commercial (C4) Zone provided such
canopy, kiosk or pump island is located not closer than 4.5 metres (15 ft) from a lot line
or 7.5 metres (25 ft) to a dwelling located on a separate lot.
17.2.5
MOTOR VEHICLE SERVICE ESTABLISHMENT
Notwithstanding any previous provisions of Section 17.0 of this By-law, the following
provisions shall apply to a motor vehicle service establishment in the Hamlet
Commercial (C4) Zone:
(a)
MINIMUM LOT AREA: 2,200.0 m2 (0.5 ac)
(b)
MINIMUM LOT FRONTAGE:
(i)
interior lot 45.0 m (148 ft)
(ii)
corner lot 55.0 m (180 ft)
(c)
MINIMUM LOT DEPTH: 45.0 m (148 ft)
(d)
MINIMUM SIDE YARD SETBACK
(i)
where the yard abuts any Residential Zone: 6.0 m (20 ft)
(ii)
interior lot: 4.5 m (15 ft)
(iii)
corner lot: 18.0 m (59 ft) on the side abutting the road and 4.5 m (15 ft) on
the other side
(e)
MINIMUM REAR YARD SETBACK: 1.5 m (5 ft)
(f)
MAXIMUM LOT COVERAGE: 20%
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17.2.6
OPEN STORAGE AS AN ACCESSORY USE
Notwithstanding any previous provisions of Section 14.017.0 of this By-law, open
storage as an accessory use in the Hamlet Commercial (C4) Zone shall:
(a)
be accessory to a motor vehicle sales establishment and located on the same lot
therewith;
(b)
not be permitted, in the case of a corner lot, within any required exterior side
yard;
(c)
not be permitted within any required side yard or required rear yard where such
yard abuts any Residential or Institutional Zone;
(d)
not exceed twenty-five (25) percent of the total lot area of the lot on which it is
located.
17.3
EXCEPTIONS
17.3.1
(a)
DEFINED AREA: C4-1 as shown on Schedule 'A', Key Map U-6, to this By-law
(b)
PERMITTED USES:
-
dwelling units on the ground floor (maximum of two)
-
all other permitted uses of the C4 zone
(c)
MINIMUM LOT AREA: 809.37 m² (0.2 ac)
17.4
TEMPORARY USES
None.
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18.0 LIGHT INDUSTRIAL (M1) ZONE
The provisions of the Light Industrial (M1) Zone shall generally apply to light industrial
development located in the periphery of the villages of the Municipality.
18.1
GENERAL USE REGULATIONS
18.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Light Industrial (M1) Zone except for the following purposes:
-
accessory use
-
industrial use, light
-
laboratory
-
office as an accessory use
-
open storage as an accessory use
-
retail store as an accessory use
-
warehouse
18.1.2
MINIMUM LOT AREA
(a)
3,000 m2 (0.75 ac)
18.1.3
MINIMUM LOT FRONTAGE
(a)
25.0 m (82 ft)
18.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads:12.0 m (39 ft)
18.1.5
MINIMUM SIDE YARD SETBACK
(a)
corner lot: 12.0 m (39 ft) on the side abutting the road and 6.0 m (20 ft) on the
other side
(b)
where the yard abuts any Residential or an Institutional Zone: 12.0 m (39 ft)
(c)
all other cases: 6.0 m (20 ft)
18.1.6
MINIMUM REAR YARD SETBACK
(a)
where the yard abuts any Residential Zone or an Institutional Zone: 12.0 m (39 ft)
(b)
all other cases: 6.0 m (20 ft)
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18.1.7
MAXIMUM LOT COVERAGE
(a)
35%
18.1.8
MAXIMUM HEIGHT
(a)
12.0 m (39.4 ft)
18.1.9
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding Sections 18.1.5 and 18.1.6 of this By-law, where a lot zoned Light
Industrial (M1) abuts a railway right-of-way, no yard shall be required along the lot line
abutting the said railway right-of-way.
18.2
SPECIAL USE REGULATIONS
18.2.1
LIGHT INDUSTRIAL USES
Notwithstanding any previous provisions of Section 18.0 of this By-law, if a public
water supply system is not available, a light industrial use shall not be permitted in the
Light Industrial (M1) Zone unless it is a dry industrial use.
18.2.2
OPEN STORAGE AS AN ACCESSORY USE
Notwithstanding any previous provisions of Section 18.0 of this By-law, open storage
as an accessory use, in the Light Industrial (M1) Zone, shall:
(a)
not be permitted within any front yard or, in the case of a corner lot, within any
exterior side yard;
(b)
not be permitted within any side yard abutting any Residential Zone or
Institutional Zone;
(c)
not exceed twenty-five percent (25%) of the total lot area of the lot on which it is
located.
18.2.3
RETAIL STORE AS AN ACCESSORY USE
In addition to previous provisions of Section 18.0 of this By-law, a retail store as an
accessory use in the Light Industrial (M1) Zone shall:
(a)
be located in or erected within 2.0 metres (7 ft) of the main building;
(b)
not exceed ten percent (10%) of the total floor area of the main building, to
maximum of 2000.0 m2 (21,527ft2)
18.3
EXCEPTIONS
18.3.1
(a)
DEFINED AREA: M1-1 as shown on Schedule A, Map 87
(b) PERMITTED USES:
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-
contractor's yard
-
office as an accessory use
-
open storage as an accessory use
-
warehouse
18.3.2
(a)
DEFINED AREA: M1-2(h-3) as shown on Schedule A, Map U-5
(b) PERMITTED USES: The following uses in addition to the list of permitted uses in
subsection 18.1.1:
-
contractor's yard or shop
-
machine shop
-
service shop
(c) MINIMUM LOT FRONTAGE: 0 m
18.3.3
(a)
DEFINED AREA: M1-3 as shown on Schedule A, Map U-5
(b) PERMITTED USES: The following uses in addition to the list of permitted uses in
subsection 18.1.1:
-
existing dwelling
(c) MINIMUM LOT AREA: 1,870 m² (0.46 ac)
18.3.4
(a)
DEFINED AREA: M1-4 as shown on Schedule A, Map U-9
(b) PERMITTED USES:
-
Accessory use
-
Laboratory
-
Office as an accessory use
-
Open storage as an accessory use
-
Retail as an accessory use
-
Self-storage establishment
-
warehouse
(c) MINIMUM FRONT YARD DEPTH: 7 m (22.9 ft)
18.4
TEMPORARY USES
None.
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19.0 GENERAL INDUSTRIAL (M2) ZONE
The provisions of the General Industrial (M2) Zone shall generally apply to industrial
development located in the periphery of the villages and limited rural areas of the
Municipality.
19.1
GENERAL USE REGULATIONS
19.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the General Industrial (M2) Zone except for the following purposes:
-
accessory use
-
bulk sales establishment
-
contractor's yard or shop
-
fuel depot
-
garage, public
-
industrial use, general
-
machine shop
-
office as an accessory use
-
open storage as an accessory use
-
retail store as an accessory use
-
sawmill
-
service shop
-
truck terminal
-
warehouse
19.1.2
MINIMUM LOT AREA
(a)
where a public water supply and public sanitary sewage systems are not
available: 3,000.0 m2 (0.8 ac)
(b)
where a public water supply or public sanitary sewage system is available:
1,800.0 m2 (0.4 ac)
(c)
where a public water supply and public sanitary sewage systems are available:
1,400.0 m2 (0.3 ac)
19.1.3
MINIMUM LOT FRONTAGE
(a)
25.0 m (82 ft)
19.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads:12.0 m (39 ft)
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19.1.5
MINIMUM SIDE YARD SETBACK
(a)
corner lot: 12.0 m (39 ft) on the side abutting the road and 6 m (20 ft) on the
other side
(b)
where the yard abuts any Residential Zone, any Agricultural Zone used for the
purpose of a single detached dwelling or an Institutional Zone: 12.0 m (39 ft)
(c)
all other cases: 6.0 m (20 ft)
19.1.6
MINIMUM REAR YARD SETBACK
(a)
where the yard abuts any Residential Zone, any Agricultural Zone used for the
purpose of a single detached dwelling or an Institutional Zone: 12.0 m (39 ft)
(b)
all other cases: 6.0 m (20 ft)
19.1.7
MAXIMUM LOT COVERAGE
(a)
35%
19.1.8
MAXIMUM HEIGHT
(a)
12.0 m (39.4 ft)
19.1.9
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding Section 19.1.5 and Section 19.1.6 of this By-law, where a lot zoned
General Industrial (M2) abuts a railway right-of-way, no yard shall be required along
the lot line abutting the said railway right-of-way.
19.2
SPECIAL USE REGULATIONS
19.2.1
INDUSTRIAL USES
Notwithstanding any previous provisions of Section 19.0 of this By-law, if a public
water supply system is not available, a general industrial use shall not be permitted in
the General Industrial (M2) Zone unless it is a dry industrial use.
19.2.2
OPEN STORAGE AS AN ACCESSORY USE
Notwithstanding any previous provisions of Section 19.0 of this By-law, open storage
as an accessory use in the General Industrial (M2) Zone shall:
(a)
not be permitted within any front yard or, in the case of a corner lot, within any
exterior side yard;
(b)
not be permitted within any side yard abutting any Residential Zone, any
Agricultural Zone used for the purpose of a single detached dwelling or an
Institutional Zone;
(c)
not exceed fifty percent (50%) of the total lot area of the lot on which it is located.
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19.2.3
RETAIL STORE AS AN ACCESSORY USE
In addition to the previous provisions of Section 19.0 of this By-law, a retail store as an
accessory use in the General Industrial (M2) Zone shall:
(a)
be located in the main building;
(b)
not exceed twenty-five percent (25%) of the total floor area of the main building,
to maximum of 2000.0 m2 (21,527 ft2)
19.3
EXCEPTIONS
19.3.1
(a)
DEFINED AREA: M2-1 as shown on Schedule A, Map U-5
(b)
PERMITTED USES:
-
dry industrial use related to agricultural products
-
office as an accessory use
-
open storage as an accessory use not exceeding 465 m² (5,005 ft²)
19.3.2
(a)
DEFINED AREA: M2-2 as shown on Schedule A, Maps U-9
(b) PERMITTED USES:
-
any use existing as of the date of the passing of this By-law
19.3.3
(a)
DEFINED AREA: M2-3 as shown on Schedule A, Map U-5
(b) PERMITTED USES:
-
conservation use
-
forestry use
(c) PROHIBITED USES:
-
Notwithstanding Section 17.0, no buildings or structures or open storage
shall be permitted.
19.3.4
(a)
DEFINED AREA: M2-4 as shown on Schedule 'A', Key Map 43
(b) PERMITTED USES:
-
Notwithstanding any other provisions of this by-law, a Motor Vehicle Sales
Establishment shall be permitted as an accessory use
-
All other permitted uses of the M2 zone.
19.3.5
(a)
DEFINED AREA: M2-5 as shown on Schedule 'A', Key Map U-10, to this by-law
(b) FRONTAGE EXCEPTION: Notwithstanding any other provisions of this By-law,
the legal frontage shall be located along Egremont Drive.
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(c) REAR YARD EXCEPTION: Notwithstanding any other provisions of this By-law,
the legal rear yard shall include those lands comprising 23170 Nairn Road,
notwithstanding that it has frontage on Nairn Road.
(d) OPEN STORAGE EXCEPTION: Notwithstanding any other provisions of this By-
law:
i)
open storage shall be permitted in the rear yard
ii)
open storage shall have a minimum setback from the rear yard and side
yard of 3 metres (9.84 ft)
19.3.6
(a)
DEFINED AREA: M2-6 as shown on Schedule 'A', Key Map 15
(b) PERMITTED USES:
-
Accessory use, excluding any residential uses
-
agricultural use, excluding any residential uses
-
Bulk sales establishment
-
Office as an accessory use
-
Retail store as an accessory use
-
Sawmill service shop
-
Warehouse
(c) MINIMUM FRONT YARD SETBACK:
(a)
in accordance with Section 4.19 of this By-law
(b)
all other roads 12.0 m (39 ft)
19.4
TEMPORARY USES
None.
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20.0 FARM INDUSTRIAL (M3) ZONE
The provisions of the Farm Industrial (M3) Zone shall generally apply to farm related
industrial development located in the rural areas of the Municipality.
20.1
GENERAL USE REGULATIONS
20.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Farm Industrial (M3) Zone except for the following purposes:
-
accessory use
-
abattoir
-
animal hospital
-
agricultural processing establishment
-
agricultural sales establishment
-
dog kennel
-
grain handling facility
-
farm equipment sales and service
-
livestock sales and marketing yard
-
market garden
-
office as an accessory use
-
open storage as an accessory use
-
retail store as an accessory use
-
tile drainage contractor
20.1.2
MINIMUM LOT AREA
(a)
3,000 m² (0.75 ac)
20.1.3
MINIMUM LOT FRONTAGE
(a)
25.0 m (82 ft)
20.1.4
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads: 20.0 m (66 ft)
20.1.5
MINIMUM SIDE YARD SETBACK
(a)
corner lot: 20.0 m (66 ft) on the side abutting the road and 6.0 m (20 ft) on the
other side
(b)
where the yard abuts an Agricultural Zone used solely for residential purposes or
an Institutional Zone: 15.0 m (49 ft)
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(c)
all other cases: 6.0 m (20 ft)
20.1.6
MINIMUM REAR YARD SETBACK
(a)
where the yard abuts an Agricultural Zone used solely for residential purposes or
an Institutional Zone: 12.0 m (39 ft)
(b)
all other cases: 6.0 m (20 ft)
20.1.7
MAXIMUM LOT COVERAGE
(a)
35%
20.1.8
MAXIMUM HEIGHT
(a)
12.0 m (39.4 ft)
20.1.9
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding Sections 20.1.5 and 20.1.6 of this By-law, where a lot zoned Farm
Industrial (M3) abuts a railway right-of-way, no yard shall be required along the lot line
abutting the said railway right-of-way.
20.2
SPECIAL USE REGULATIONS
20.2.1
GRAIN HANDLING FACILITY
Notwithstanding Sections 20.1.4, 20.1.5 and 20.1.6 of this By-law, a grain handling
facility located in the Farm Industrial (M3) Zone shall be setback a minimum of 150.0
metres (492 ft) from all lot lines.
20.2.2
OPEN STORAGE AS AN ACCESSORY USE
Notwithstanding any previous provisions of Section 20.0 of this By-law, open storage
as an accessory use, in the Farm Industrial (M3) Zone, shall:
(a)
not be permitted within a front yard or, in the case of a corner lot, within an
exterior side yard;
(b)
not be permitted within any side yard abutting an Agricultural Zone used solely
for the purpose of a single detached dwelling or an Institutional Zone;
(c)
not exceed seventy-five percent (75%) of the total lot area of the lot on which it is
located.
20.2.3
RETAIL STORE AS AN ACCESSORY USE
In addition to previous provisions of Section 20.0 of this By-law, a retail store as an
accessory use in the Farm Industrial (M3) Zone shall:
(a)
be located in or erected within 2.0 metres (6.6 ft) of the main building;
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(b)
not exceed ten percent (10%) of the total floor area of the main building.
20.3
EXCEPTIONS
20.3.1
(a)
DEFINED AREA: M3-1 as shown on Schedule A, Map 40
(b)
PROHIBITED USE:
-
open storage as an accessory use
20.3.2
(a)
DEFINED AREA: M3-2 as shown on Schedule A, Map 82
(b) PERMITTED USES:
-
contractor's yard or shop
-
fuel depot
-
truck terminal
-
all other permitted uses of the M3 zone
20.3.3
(a)
DEFINED AREA: M3-3 as shown on Schedule A, Map 73
(b) PERMITTED USES:
-
accessory use
-
animal hospital
-
agricultural sales establishment
-
farm equipment sales and service
-
market garden
-
office as an accessory use
-
open storage as an accessory use
-
retail store as an accessory use
20.3.4
(a)
DEFINED AREA: M3-4 as shown on Schedule A, Map 60
(b) PERMITTED USES:
-
Agricultural sales establishment
-
Farm equipment sales and service establishment
-
Market garden
-
Office as an accessory use
-
Open storage as an accessory use
-
Retail storage as an accessory use
-
Tile drainage contractor
20.3.5
(a)
DEFINED AREA: M3-5 as shown on Schedule "A", Key Map 65
(b) PERMITTED USES:
-
accessory use
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-
animal hospital
-
agricultural processing establishment
-
agricultural sales establishment
-
dog kennel
-
farm equipment sales and service
-
livestock sales and marketing yard
-
market garden
-
office as an accessory use
-
open storage as an accessory use
-
retail store as an accessory use
-
tile drainage contractor
20.4
TEMPORARY USES
None.
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21.0 EXTRACTIVE INDUSTRIAL (M4) ZONE
The provisions of the Extractive Industrial (M4) Zone shall generally apply to aggregate
extraction related development generally located in the rural areas of the Municipality.
21.1
GENERAL USE REGULATIONS
21.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Extractive Industrial (M4) Zone except for the following purposes:
-
accessory use
-
aggregate storage
-
aggregate use
-
agricultural use
-
asphalt plant, portable
-
concrete batching plant
-
forestry use
-
pit
-
quarry
-
wayside pit
21.1.2
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads: 20.0 m (66 ft)
21.1.3
MINIMUM SIDE YARD SETBACK
(a)
corner lot: 20.0 m (66 ft) on the side abutting the road and 6.0 m (20 ft) on the
other side
(b)
where the yard abuts any Agricultural Zone used solely for the purpose of a
single detached dwelling or an Institutional Zone: 15.0 m (49 ft)
(c)
all other cases: 10.0 m (33 ft)
21.1.4
MINIMUM REAR YARD SETBACK
(a)
where the yard abuts any Agricultural Zone used solely for the purpose of a
single detached dwelling or an Institutional Zone: 12.0 m (39 ft)
(b)
all other cases: 6.0 m (20 ft)
21.1.5
MAXIMUM HEIGHT
(a)
15.0 m (49 ft)
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21.2
SPECIAL USE REGULATIONS
21.2.1
AGRICULTURAL USE
Notwithstanding any previous provisions of Section 21.0 of this By-law, the minimum
lot area, lot frontage, setbacks, maximum lot coverage, front yard depth, side yard
width, and rear yard depth for buildings and structures for an agricultural use shall be
in accordance with the zone requirements of Section 5.0.
21.2.2
ASPHALT PLANTS AND CONCRETE BATCHING PLANTS
In addition to previous provisions of Section 21.0 of this By-law, the following
provisions shall also apply to asphalt plants and concrete batching plants in the
Extractive Industrial (M4) Zone:
(a)
MINIMUM LOT AREA: 5.0 hectares (12 ac)
(b)
MAXIMUM LOT COVERAGE: 20%
(c)
MINIMUM SIDE YARD AND REAR YARD SETBACKS:
(i)
an Agricultural Zone used solely for purpose of a single detached dwelling
or an Institutional Zone: 90.0 m (295 ft)
(ii)
all other cases:30.0 m (98 ft)
21.2.3
MINIMUM SEPARATION DISTANCE FOR A PIT OR PRODUCT STOCKPILE
In addition to previous provisions of Section 21.0 of this By-law, no pit or product
stockpile shall be located closer to:
(a)
an Agricultural Zone used solely for the purpose of a single detached dwelling or
an Institutional Zone: 90.0 m (295 ft)
(b)
the edge of a road allowance than: 30.0 m (98 ft)
(c)
a lot line than: 15.0 m (49 ft)
21.3
EXCEPTIONS
21.3.1
(a)
DEFINED AREA: M4-1 as shown on Schedule A, Map 77 and Map 78
(b) PERMITTED USES
-
accessory use
-
agricultural use
-
aggregate storage
-
asphalt plant, portable
-
forestry use
-
pit
-
recycling facility
-
wayside pit
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(c) RETAIL STORE AS AN ACCESSORY USE: In addition to the previous provisions
of Section 21.0 of this By-law, a retail store as an accessory use in the Extractive
Industrial Exception (M4-1) Zone shall:
(a)
be limited to the general retail sale of products produced, processed and /
or upgraded on site as part of the permitted Recycling Facility;
(b)
be limited to an area not exceeding 1.892 hectares
(d) HOLDING SYMBOL: To ensure orderly development of the land, the "(h-10)"
holding symbol shall not be removed from the zoning of the subject lands until
the applicant/owner has entered into a site plan agreement with the Municipality,
registered against the title of the subject lands that address matters governed by
Section 41 of the Planning Act as amended.
21.3.2
(a)
DEFINED AREA: M4-2 as shown on Schedule A, Map 67
(b) PERMITTED USES:
-
accessory use
-
aggregate storage
-
aggregate use
-
asphalt plant, portable
-
pit
21.3.3
(a)
DEFINED AREA: M4-3 as shown on Schedule A, Map 67
(b) PROHIBITED USES:
-
asphalt plant, portable
-
concrete batching plant
21.3.4
(a)
DEFINED AREA: M4-4 as shown on Schedule A, Map 78
(b) MINIMUM SEPARATION DISTANCE FOR A PIT OR PRODUCT STOCKPILE:
(i)
0 metres (0 ft) from a lot line along the westerly lot line from the southwest
corner of the subject property running north along the westerly lot line for a
distance of 183.0 metres (600 ft);
(ii)
0 m. (0 ft.) from a lot line along the southeasterly lot line from a point
located 158.0 metres (518 ft) east of the southwesterly corner of the subject
property running northeast along the northeasterly lot line for a distance of
142.0 metres (465 ft);
(iii) 0 metres (0 ft) from a lot line along the southerly lot line from the southeast
corner of the subject property running west along the southerly lot line for a
distance of 309.0 metres (1,013 ft).
21.3.5
(a)
DEFINED AREA: M4-5 as shown on Schedule A, Map 31
(b) PERMITTED USES:
-
existing trucking business primarily devoted to the trucking of aggregate
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-
existing dwelling
-
all other permitted uses of the M4 zone
21.3.6
(a)
DEFINED AREA: M4-6 as shown on Schedule A, Map 78
(b) PERMITTED USES:
-
single detached dwelling
-
all other permitted uses of the M4 zone
21.4
TEMPORARY USES
None.
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22.0 INSTITUTIONAL (I) ZONE
The provisions of the Institutional (I) Zone shall generally apply to institutional
development generally located in the urban and rural areas of the Municipality.
22.1
GENERAL USE REGULATIONS
22.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Institutional (I) Zone except for the following purposes:
-
accessory use
-
cemetery
-
clinic
-
club, private
-
community centre
-
day nursery
-
funeral home
-
institutional use
-
nursing home
-
park, public
-
place of worship
-
retirement home
-
school, public or private
-
dwelling unit as an accessory use
22.1.2
MINIMUM LOT AREA
(a) 3,000.0 m² (0.75 ac)
22.1.3
MINIMUM LOT FRONTAGE
(a) 30.0 m (98 ft)
22.1.4
MINIMUM LOT DEPTH
(a) 60 m (197 ft)
22.1.5
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads: 10.0 m (33 ft)
22.1.6
MINIMUM SIDE YARD SETBACK
(a)
corner lot: 10.0 m (33 ft) on the side abutting the road and 4.5 m (15 ft) on the
other side
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(b)
interior lot: 4.5 m (15 ft)
22.1.7
MINIMUM REAR YARD SETBACK
(a) 9.0 m (30 ft)
22.1.8
MAXIMUM LOT COVERAGE
(a) 35%
22.1.9
MAXIMUM HEIGHT
(a) 12.0 m (39.4 ft)
22.2
SPECIAL USE REGULATIONS
22.2.1
DWELLING UNIT AS AN ACCESSORY USE
In addition to previous provisions of Section 22.0 of this By-law, a dwelling unit as an
accessory use in the Institutional (I) Zone shall comply to the following:
(a)
have a minimum floor area of 65 m² (700 ft²);
(b)
be located within or be contiguous to the main building;
(c)
be above or to the rear of the main building;
(d)
be used as the residence of the owner or operator, or an employee of the owner
or operator of the main use which it is accessory to;
(e)
not exceed twenty-five percent (25%) of the total floor area of the main building in
which it is located.
22.3
EXCEPTIONS
22.3.1
(a)
DEFINED AREA: I-1 as shown on Schedule A, Map U-7 and Map 49
(b)
PERMITTED USES:
-
accessory use
-
day nursery
-
park, (public)
-
place of worship,
-
dwelling unit as an accessory use
22.3.2
(a)
DEFINED AREA: I-2 as shown on Schedule A, Key Map U-12
(b)
PERMITTED USES:
-
store, retail
-
all other permitted uses of the I zone
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(c) PLANTING STRIPS: Notwithstanding Section 4.13(b) (i) of this By-law, a Planting
Strip shall be required along the property line abutting 5184 Egremont Drive.
(d) PARKING LOT: For the purposes of the defined area, Section 4.26 (j) (iii) of this
By-law shall not apply.
22.3.3
(a)
DEFINED AREA: I-3 as shown on Schedule A, Key Map 91
(b)
PERMITTED USES
Accessory uses may include:
i)
the temporary storage of vehicles, provided that:
-
storage of vehicles, including unlicensed vehicles, shall be permitted
only if they are not in a derelict condition;
-
no vehicle shall be stored on the site for more than seven (7) months;
and
-
the area dedicated to the temporary storage of vehicles shall be limited
to that portion of the land described as Part 1 on Reference Plan 33R-
17093.
ii)
housing for the full-time staff members.
22.3.4
(a)
DEFINED AREA: I-4 as shown on Schedule 'A', Key Map U-7
(b)
MINIMUM INTERIOR SIDE YARD SETBACK: 2.0 m (6.56 ft)
(c) MINIMUM REAR YARD SETBACK: 2.0 m (6.56 ft)
22.3.5
(a)
DEFINED AREA: I-5 as shown on Schedule 'A', Key Map 1
(b)
MINIMUM LOT AREA:4.05 ha (10.01 ac)
(c) MINIMUM LOT FRONTAGE: 253.1 metres (830.4 ft)
(d) MINIMUM FRONT YARD SETBACK as it existed on October 16, 2013
22.3.6
(a)
DEFINED AREA: I-6 as shown on Schedule 'A', Key Map U-7
(b)
PERMITTED USES:
-
day nursery
-
dwelling unit as a stand-alone use
22.4
TEMPORARY USES
None.
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23.0 PARKS AND RECREATION (PR) ZONE
The provisions of the Parks and Recreation (PR) Zone shall generally apply to active
recreational development generally located in the rural and urban areas of the
Municipality.
23.1
GENERAL USE REGULATIONS
23.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Parks and Recreation (PR) Zone except for the following purposes:
-
accessory use
-
club, private
-
conservation use
-
forestry use
-
golf course
-
park, public or private
-
place of recreation
-
tourist information centre
-
museum
23.1.2
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads: 10.0 m (33 ft)
23.1.3
MINIMUM SIDE YARD SETBACK
(a)
10.0 m (33 ft)
23.1.4
MINIMUM REAR YARD SETBACK
(a)
7.5 m (25 ft)
23.1.5
MAXIMUM LOT COVERAGE
(a)
20%
23.1.6
MAXIMUM HEIGHT
(a)
12.0 m (39 ft)
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23.2
SPECIAL USE REGULATIONS
21.2.1
LIFESTYLE COMMUNITY
Where in the Parks and Recreation (PR) Zone a Lifestyle Community is a permitted
use, in addition to the previous provisions of Section 21.0 of this By-law, the following
provisions shall apply to such a lifestyle community use:
-
There shall be a minimum front yard setback and minimum exterior yard setback of
6.0 metres (19.8 ft) with respect to the location of any park model trailer or mobile
home.
-
There shall be a minimum side yard setback and a minimum rear yard setback of
1.5 metres (4.9 ft) with respect to the location of any park model trailer or mobile
home.
23.3
EXCEPTIONS
23.3.1
(a)
DEFINED AREA: PR-1 as shown on Schedule A, Map 78
(b) PERMITTED USES:
-
accessory use
-
agricultural use, excluding buildings and structures
-
park, public or private
23.3.2
(a)
DEFINED AREA: PR-2 as shown on Schedule A, Map 80
(b) PERMITTED USES:
-
agricultural use, excluding buildings and structures
-
conservation use
-
golf driving range use
-
park, public or private
23.3.3
(a)
DEFINED AREA: PR-3 as shown on Schedule A, Key Map '67', to this by-law
(b) PERMITTED USES:
-
Lifestyle Community
-
Park, Public or Private
-
Administrative building
-
Laundromat servicing on site residents only
-
Recreation Building servicing on site residents only
-
Variety store servicing on site residents only
-
Uses accessory to the above permitted uses
(c) YEAR ROUND OCCUPANCY: Mobile homes and park model trailers shall be
permitted for year round occupancy provided:
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(i)
It is a mobile home or pre-manufactured building which complies with the
Ontario Building Code (OBC) for year- round occupancy;
(ii)
It is a unit that is existing on the subject lands as of the date of November
28, 2018 and can be converted for year-round occupancy and certified as
such by a professional engineer to the satisfaction of the Chief Building
Official if requested;
(iii) All other requirements of this By-law are met.
(d) TRAVEL TRAILERS AND RECREATIONAL VEHICLES: Within the PR-3 zone,
no travel trailers or recreational vehicles including additions thereto shall be
permitted.
23.3.4
(a)
DEFINED AREA: PR-5 as shown on Schedule A, Map 68
(b) PERMITTED USES:
-
golf course
-
buildings, structures and uses accessory to the permitted use including a
club house, existing single detached dwelling, practice range, maintenance
and storage buildings, cartpaths, bridge crossings, parking lot and driveway
circulation system
-
temporary clubhouse during the initial years of operation pending the
construction of the permanent clubhouse
-
agriculture
-
pit and quarry
23.3.5
(a)
DEFINED AREA: PR-6 as shown on Schedule A, Map 74
(b) PERMITTED USES:
-
accessory use
-
agricultural use
-
conservation use
-
forestry use
-
public park
-
golf course, excluding a golf driving range
-
single detached dwelling
23.3.6
(a)
DEFINED AREA: PR-7 as shown on Schedule A, Map 67
(b) PERMITTED USES:
-
existing single detached dwelling
-
accessory use
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23.3.7
Not used.
23.3.8
(a)
DEFINED AREA: PR-8 as shown on Schedule A, Key Map 85, to this By-law
(b) MINIMUM DISTANCE SEPARATION: Notwithstanding Section 4.17 of this By-
law, all uses of the PR zone are permitted within the PR-8 zone, save and except
for the area legally described as Part 1 on Reference Plan 33R-17591. This area
shall only be used as a landscaped buffer area.
23.3.9
(a)
DEFINED AREA: PR-9 as shown on Schedule "A", Key Map 69
(b) PERMITTED USES:
-
one single-detached dwelling as an accessory use
-
all other permitted uses of the PR zone
(c) SETBACK REQUIREMENTS FOR A SINGLE-DETACHED DWELLING AS AN
ACCESSORY USE: Notwithstanding any other provisions of this by-law, the
setback requirements for single-detached dwellings contained within the
Agricultural (A1) zone shall apply for locating a single-detached dwelling as an
accessory use on the land.
23.3.10 (a)
DEFINED AREA: PR-10 as shown on Schedule "A", Key Map 81
(b)
PERMITTED USES:
-
Clinic as an accessory use
-
Office, professional as an accessory use
-
Restaurant as an accessory use
-
Store, retail as an accessory use
-
All other permitted uses of the Parks and Recreation (PR) zone
(c) MAXIMUM HEIGHT: 12.7 m (41.7 ft) for a place of recreation
23.4
TEMPORARY USES
None.
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186
24.0 OPEN SPACE (OS) ZONE
The provisions of the Open Space (OS) Zone shall generally apply to passive
recreational development generally located in the rural and urban areas of the
Municipality.
24.1
GENERAL USE REGULATIONS
24.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Open Space (OS) Zone except for the following purposes:
-
accessory use
-
agricultural use, excluding buildings and structures
-
conservation use
-
forestry use
-
nursery
-
park, public or private
24.1.2
MINIMUM FRONT YARD SETBACK
(a)
in accordance with Section 4.18 of this By-law
(b)
all other roads: 10.0 m (33 ft)
24.1.3
MINIMUM SIDE YARD SETBACK
(a)
10.0 m (33 ft)
24.1.4
MINIMUM REAR YARD SETBACK
(a)
7.5 m (25 ft)
24.1.5
MAXIMUM HEIGHT
(a)
12.0 m (39 ft)
24.1.6
MAXIMUM LOT COVERAGE
(a)
20%
24.2
SPECIAL USE REGULATIONS
None.
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187
24.3
EXCEPTIONS
24.3.1
(a)
DEFINED AREA: OS-1 as shown on Schedule A, Map U-9
(b)
PERMITTED USES:
-
private park having no commercial use
-
public use
24.3.2
(a)
DEFINED AREA: OS-2 as shown on Schedule A, Map U-5
(b)
PERMITTED USES:
-
any use existing as of the date of the passing of this By-law
24.3.3
(a)
DEFINED AREA: OS-3 as shown on Schedule A, Map U-12
(b)
PERMITTED USES:
-
silviculture, forest, woodlot or wildlife management, or harvesting activities
consistent with the County of Middlesex Tree Cutting By-law and consistent
with the recommendations of the Development Assessment Report (DAR)
prepared by BioLogic dated October 2001, with an addendum dated May
20, 2003 and the DAR Peer Review Report prepared by ESG International,
dated June 12, 2003.
(c)
LOT FRONTAGE: 0 m (0 ft)
24.3.4
(a)
DEFINED AREA: OS-4 as shown on Schedule A, Map 74
(b)
PERMITTED USES:
-
golf course, excluding a golf driving range
-
all other permitted uses of the OS zone
24.3.5
(a)
DEFINED AREA: OS (h-4) as shown on Schedule A, Map 75
(b)
HOLDING SYMBOL: The precondition for the removal of the '(h-4)' holding
symbol shall be that a development agreement be registered against the title of
the subject lands to address issues including, but not necessarily limited to,
construction details, maintenance, and ownership of the walkway; and
furthermore that a subdivision agreement be registered against the title of the
lands described as South Part of Lot 13, Concession 6 (geographic Township of
London), City of London.
24.3.6
(a)
DEFINED AREA: OS-5 as shown on Schedule A, Key Map U-12.
The irregular OS-5 zone lines on Schedule A, Key Map U-12 replicate the
"Erosion Hazard Limit" identified by Gerry Waldron, Consulting Ecologist,
Development Assessment Report, Figure 6, January 2013.
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188
(b)
PERMITTED USES:
-
conservation use, excluding buildings and structures
(c)
SPECIAL PROVISION: Notwithstanding section 4.12(b), where a lot is divided
into two or more zones, the uses, buildings and structures permitted on the lot
shall be limited in each of the zones to those permitted in that zone but,
otherwise, for the purposes of zoning regulations of lot area and frontage and of
the location of buildings and structures on the lot, the lot shall be considered a
single lot, rather than separate as otherwise contemplated by section 4.12(b).
24.3.7
(a)
DEFINED AREA: OS-6 as shown on Schedule A, Map U-8
(b)
PERMITTED USES:
-
No buildings or structures or grade alteration of site is permitted
24.3.8
(a)
DEFINED AREA: OS-8 as shown on Schedule A, Key Map 88, to this by law
(b)
PERMITTED USES:
-
Conservation Use
24.3.9
(a)
DEFINED AREA: OS-8 as shown on Schedule A, Key Map U-9
(b)
PERMITTED USES:
-
Public Utility
24.3.9
(a)
DEFINED AREA: OS-8 as shown on Schedule "A", Key Map U-12
(b)
PERMITTED USES: Conservation use, excluding buildings and structures
24.3.9
(a)
DEFINED AREA: OS-9 as shown on Schedule A, Key Map U-9
(b)
PERMITTED USES:
-
Conservation use, excluding buildings and structures unless used for public
utility subject to Section 4.26
24.4
TEMPORARY USES
None.
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189
25.0 EXISTING USE (EU) ZONE
The provisions of the Existing Use (EU) Zone shall generally apply to undeveloped
lands located in the villages and hamlets of the Municipality.
25.1
GENERAL USE REGULATIONS
25.1.1
PERMITTED USES
No land shall be used and no buildings or structures shall be erected, used, or altered
in the Existing Use (EU) Zone except for the following purposes:
-
any use existing as of the date of the passing of this By-law
25.1.2
REGULATIONS FOR LOTS AND BUILDINGS
The minimum lot area and lot frontage, the minimum front, side and rear yards, the
maximum lot coverage, and the maximum building height shall remain as they lawfully
existed as of the date of the passing of this By-law.
25.2
SPECIAL USE REGULATIONS
25.2.1
EXISTING SINGLE DETACHED DWELLINGS
The alteration of existing single detached dwellings or the erection or alteration of
buildings accessory thereto shall be permitted in accordance with the regulations of
the Urban Residential First Density (UR1) Zone and the regulations for Accessory
Uses.
25.2.2
PUBLIC USES
Notwithstanding Subsection 23.1.2 of this By-law, the erection, alteration or use of any
building or structure, or portion thereof, for the purpose of public service by a public
authority or public utility shall be permitted provided the lot coverage, setback and yard
requirements of the Institutional (I) Zone are complied with.
25.3
EXCEPTIONS
25.3.1
(a)
DEFINED AREA: EU-1 as shown on Schedule A, Key Map U-12
(b)
MINIMUM LOT FRONTAGE: 15 m (49 ft)
(c)
MINIMUM LOT AREA: 2.8 ha (6.9 ac)
25.3.2
(a) DEFINED AREA: EU-2 as shown on Schedule A, Key Map U-12
(b) MINIMUM LOT FRONTAGE: 224 m (734 ft)
(c) MINIMUM LOT AREA: 7.4 ha (18.3 ac)
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25.3.3
(a) DEFINED AREA: EU-3 as shown on Schedule "A", Key Map U-9
(b) MINIMUM LOT FRONTAGE: 100 m (328.1 ft)
(c) MINIMUM LOT AREA: 1.40 ha (3.45 ac)
25.3.4
(a)
DEFINED AREA: EU-4 as shown on Schedule "A", Key Map U-4
(b)
MINIMUM LOT FRONTAGE: 20 m (65.6 ft)
(c)
MINIMUM LOT AREA: 6.6 ha (16.3 ac)
25.3.5
(a)
DEFINED AREA: EU-5 as shown on Schedule "A", Key Map U-5
(b)
MINIMUM LOT FRONTAGE: 20 m (66 ft)
25.4
TEMPORARY USES
NUMBER STATUS
25.4.1
EXPIRED ON November 27th, 2021