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VILLAGE OF NEWBURY
BY-LAW NO. 692,
BEING THE RESTRICTED AREA
(LAND USE) BY-LAW, AS
AMENDED
June 5th 2024
consolidated version
Village of Newbury
By-law No. 692, being the
Restricted Area (Land Use) By-law, as amended
C O N S O L I D A T E D V E R S I O N
June 25th, 2024
This document constitutes a consolidated version of the Village of Newbury's Restricted
Area By-law adopted on November 6, 1978 and approved by the Ontario Municipal Board
on XXXX, XXXX. The By-law has been subsequently amended on numerous occasions.
The consolidated version incorporates all amendments to the Zoning By-law as of June
25th, 2024 in a table and on the Zone Maps.
The consolidated version is intended for administrative and convenience purposes only.
Reference numbers may, therefore vary, to facilitate the use of the by-law. In addition,
grammatical changes have been made where necessary. For legal purposes, reference
should be made to the actual adopted version of the zoning by-law, subsequent
amendments adopted by Council and the written decisions of the Committee of
Adjustment.
ZONING BY-LAW AMENDMENTS
as of June 5, 2024
Village of Newbury
BY-LAW
NO.
DATE OF
APPROVAL
APPLICANT
LOCATION
PURPOSE & EFFECT
692-1
Jan. 7, 1980
Part of Lot 18, Con 3
A to A-1 to allow for the erection of one
additional single family dwelling;
Repealed by By-law No. 692-2.
692-2
July 12, 1982
Part of Lot 18, Con 3
A to A-1 to implement reduced lot
frontage and lot area requirements.
A to R1 to facilitate residential
development.
835-90
Apr. 9, 1990
Wilmer Ready
Lot 11 through 13
inclusive, Block 'F', Plan 67
R1 to R1-1 to permit the construction of a
four-plex dwelling.
846-91
Mar. 4, 1991
Christopher
Mahovlich
Lot 1 through 3 inclusive,
Block 'B', Plan 67
C1 to R1 to permit the erection of a
single family detached dwelling.
862-92
Mar. 23, 1992
Emmanuel
Congregational
Christian Church
3 & 5 Tucker Street
R1 to I to permit the erection of a new
church.
868-92
Oct. 5, 1992
Ronald Monk
Lot 4 & 5 Block 'I', Plan
153
R1 to R1-2 to restrict the use of the
subject lands for a motor vehicle sales
establishment and public garage.
878-94
Jan. 19, 1994
Alta McNaughton
Part of Lot 16, Concession
2 (Township of Mosa)
OS to A to allow the clearing of the lands
for agricultural purposes.
881-94
Feb. 14, 1994
Emmanuel
Congregational
Christian Church
Part of Lot 41, Registered
Plan 434
OS to I-1 to permit the erection of a new
church.
113-97
Dec. 8, 1997
Four Counties
General Hospital
1824 Concession Drive
C2, I and D to I-2 to allow an institutional
use.
114-98
June 24, 1998
McNaughton
Automotive Ltd.
Part Lot 12, RCP 434
R1 to D to prohibit the residential
development of the lands.
113-99
Aug. 9, 1999
Janice Brown &
Ronald Vallieres
Plan 153, Block 'C', Lot 3 &
4
C1 to R1 to permit residential
development of the lands.
104-02
July 8, 2002
Fennell
Woodlands Inc.
Lot 51, RCP 434
M1 to C1-# to permit the storage and
parking of farm equipment.
130-01
July 7, 2003
Village of
Newbury
West End of Wellington
Street North of the CN
Railway; Village-wide also
A to R1, M1-1 & OS to allow for a
sewage treatment plant, industrial and
residential development; also implements
village-wide provisions.
107-05
Feb. 23, 2005
Dirk Vandenberg
Part Lot 23, RCP 434
RP 34R2174 PT 1
R1 to R1-# to permit the erection of an
accessory building prior to the erection of
the main building.
124a-06
Sept. 11, 2006
Leonard &
Kimberley Fiddler
5 Tucker Street
I to R1 to permit residential development.
This By-law has the effect of repealing
By-law No. 862-92.
133-06
Dec. 11, 2006
Village of
Newbury
South Part Lot 17, Con 2,
Lot 47, RCP 434,
Part 3RP 34R568
D to C2 to permit commercial
development.
134-06
Dec. 11, 2006
Village of
Newbury
Village-wide limited to the
C2 zone
Addition of permitted uses to Highway
Commercial (C2) zone.
125/07
Sept. 10, 2007
Ted Winia
9 Dundas Street
C1 to C1-1 to permit a semi-detached
dwelling.
108-09
Mar. 25, 2009
Rosemary
Cranney
Lot 15, 16, Blk K
Registered Plan 67
R1 to R1-3 to permit a Tea Room, Art
Gallery and Bed and Breakfast.
110-11
Apr. 18, 2011
Robin J. Fennell
11 Tucker Street
A to A-1 and A-2 to permit the
development of a vegetable processing
establishment.
BY-LAW
NO.
DATE OF
APPROVAL
APPLICANT
LOCATION
PURPOSE & EFFECT
112-13
June 10, 2013
Village of
Newbury
Tucker Street (Part of Lot
17, Concession 2)
OS to R1 to allow residential
development
113-16
Aug. 22, 2016
Edward &
Heather Cane
36 York Street
R1 to R.1.4 - purpose is to permit a
duplex
125-18
Sept. 17, 2018
Judy Jones
22891 Hagerty Road
C1 to C1-2 to permit a duplex as an
additional permitted use to facilitate
internal renovation of the building into
residential use
113-17
Oct 10, 2017
R. Patton
72 York Street
Lot 17, Concession 2,
Registered Plan 434
D and R1 to M1-2 to permit a contractor's
yard and single detached dwelling.
132-18
Dec 10, 2019
Ozra Nazmdeh
22893 Hagerty Road
Part of Lot 3, Block C,
Registered Plan 46
C1 to C1-3
113-19
Apr. 15, 2019
Corporation of the
Village of
Newbury
5 Tucker Street
Lot 40, Plan 434 and Part
1, RP 34R2348
R1 to R1(T-1) to temporarily permit a
woodworking shop until April 17, 2021.
6-23
Apr 11, 2023
Storey, Denomme
& Ross Dentistry
Professional Corp
1788 and 1792 Concession
Drive
C2 to C2-1 to permit residential uses in
addition to commercial uses and
establish zoning standards for the
residential uses
7-23
Apr 11, 2023
Kenneth Daley
and Nadine Grant
3 York Street
C1 to R1-4 to permit residential uses and
recognize the existing building (former
church) on the subject lands
12-23
Apr 11, 2023
Fennell
Woodlands Inc.
22845 Hagerty Road
C1-# to C1-2 to permit a bus depot,
offices and a public garage.
2-24
Jan 16, 2024
2666650 Ontario
Inc.
13 Wellington St
OS & R1 to R1-6 to permit the
development of a residential subdivision
Last Verified June 2024
RESTRICTED AREA BY-LAW - VILLAGE OF NEWBURY
EXPLANATORY NOTE
By-law No. 692 is a comprehensive restricted area (land use) by-law covering all of the
Village of Newbury. The By-law repeals all existing restricted area by-laws in the Village
and serves to implement the Official Plan of the Southwest Middlesex Planning Area as
it affects the Village.
The By-law is a document passed by Council to regulate the use of all land (that is,
agriculture, residential, commercial, recreational) and buildings in the Village of Newbury.
The By-law authorizes the uses set out in the text and attached schedule (the zone map)
and prohibits any use of land or construction or use of buildings not specifically
authorized. Applications to change the zoning provisions on a parcel of land may be
made at any time, but all amendments to the By-law No. 692 must be in-conformity with
the Official Plan of the Southwest Middlesex Planning Area.
You are strongly urged to read the By-law since it will affect the use of your land. The
Explanatory Note only summarizes the regulations for each zone.
Section 1 of the By-law No. 692 establishes, among other matters, that the By-law
application to all land in the Village, that no land shall be used and no buildings or
structure used, erected, altered or enlarged except in conformity with the By-law and that
the By-law, upon approval of the Ontario Municipal Board, shall come into full force and
effect as of the date of its passing by Council. It establishes the manner of administration
of the By-law and the maximum fine, upon conviction, for a violation of the By-law.
Section 2 defines a number of terms used in the By-law.
Section 3 establishes that the Zoning Map - Schedule "A" which is part of the By-law, and
that the Zoning Map is divided into a number of zones. Section 3 also provides for the
manner of interpreting zone boundaries.
Section 4 provides general provisions that apply to more than one zone in the By-law.
Among the regulations are that lots must front on public streets, regulations of the
locations of accessory buildings such as garages, regulations for permitted public uses,
off-street parking requirements, and the necessary setbacks of buildings and structures
from municipal drains and other watercourses.
Section 5 to 13 establishes the permitted uses and regulations in each zone. The
following zones are contained in the By-law.
Agricultural (A1) Zone
This zone permits the full range of agricultural activities. These activities require a
minimum lot area of 25.0 ha. (approx. 62 acres) and a minimum lot frontage of 300 m
(approx. 1,000 feet). Agricultural holdings less than the required area and frontage which
existed at the day of passing of the By-law are exempted from these minimum
requirements. Single family detached dwellings in the A1 zone and in existence as of the
day of passing of the By-law are permitted, and may be enlarged or replaced with a new
dwelling without the necessity of a re-zoning.
Central Commercial (C1) Zone
The C1 zone applies to land bounded by Tucker Street, York Street, the C.N.R. and
Broadway Street. Within the C1 zone a variety of commercial uses are permitted. The
minimum lot area in the C1 zone is 1,400 square meters and the minimum lot frontage
20.0 metres (approx. 65 feet). Single family dwellings which existed the day of passing
of the By-law are able to be reconstructed or enlarged without an amendment to the By-
law.
Highway Commercial (C2) Zone
The C2 zone is used to zone lands east of Hagerty Road along County Road 14. This
zone is reserved primarily for the auto-related uses. A larger lot area and lot frontage is
required in this zone compared to the Central Commercial Zone.
General Industrial (M1) and Restricted Industrial (M2) Zones
The General Industrial Zone differs from the Restricted Industrial zone by virtue of the
uses permitted in each zone. A range of industrial uses are permitted in the M1 zone
whereas in the M2 zone, the permitted uses are restricted to light manufacturing
establishments. The minimum lot area of 2000 square metres (approx. one-half acre) is
the same in both zones.
Residential (R1) Zone
The R1 Zone permits one single family detached dwelling on one lot. The minimum lot
size is 1400 square metres (approx. 15,000 square feet) and the minimum frontage is
30.0 metres (approx. 100 feet) for lots without a municipal or communal water supply and
without municipal sanitary sewage facilities.
Institutional (I) Zone
The I Zone permits churches, community centres, nursing homes, senior citizen homes
and similar public uses. The minimum lot size is 1400 square metres and the minimum
lot frontage is 30 metres.
Open Space (OS) Zone
The OS Zone permits forestry uses, conservation areas, cemeteries, parks and similar
type uses. No minimum lot area or lot frontage is required.
Development (D) Zone
The D zone functions as a holding zone until such time conditions are right to permit
development to proceed. The re-zoning of lands from the D Zone to a zone which would
allow development to take place must be consistent with the land use designations on the
official plan maps.
JUNE 25, 2024 consolidated version
1-1
VILLIAGE OF NEWBURY ZONING BY-LAW
BY-LAW NO. 692
RESTRICTED AREA BY-LAW
VILLAGE OF NEWBURY
A By-law to regulate the use of land, the character, location and use of buildings and
structures in the Village of Newbury.
WHEREAS the Council of the Corporation of the Village of Newbury deems it expedient
to implement the Official Plan of the Southwest Middlesex Planning Area;
WHEREAS authority is granted under Section 35 of the Planning Act, R.S.O., 1970,
subject to the approval of the Ontario Municipal Board, to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF
NEWBURY ENACTS THE FOLLOWING:
______________________________________________________________________
SECTION 1: INTERPRETATION & ADMINISTRATION
1.1.
SHORT TITLE
This By-law shall be known as the "Land Use By-law" of the Corporation of the
Village of Newbury.
1.2.
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Village of Newbury as now or hereafter legally constituted.
1.3.
SCOPE
No lands shall be used and no buildings or structures shall be erected, altered,
enlarged or used within the Village of Newbury except in conformity with the
provisions of this by-law.
1.4.
MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this By-law, they are held to be the
minimum requirements for the promotion of the health, safety, comfort,
convenience, and general welfare of the inhabitants of the Municipality.
JUNE 25, 2024 consolidated version
1-2
VILLIAGE OF NEWBURY ZONING BY-LAW
1.5.
MEANING OF USE
Unless the context otherwise requires, the expression "use" or "to use" in this By-
law includes anything done or permitted by the owner or occupant of any land or
building, 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 or building.
1.6.
MEANING OF SHALL
In this By-law, the word "shall" shall always be construed as mandatory.
1.7.
NUMBER AND GENDER
In this By-law, unless the contrary intention appears otherwise, words imparting
the singular number or the masculine gender only shall include more persons,
parties, or things of the same kind than one, and females as well as males, and
the converse.
1.8.
ADMINISTRATION
This By-law shall be administered by the Building Inspector or such other person
as the Council of the Village of Newbury designates.
1.9.
INSPECTION OF PREMISES
The Building Inspector or any other person acting under the direction of Council,
may, at any reasonable hour, enter and inspect a property or premises for the
purpose of carrying out his duties under this By-law.
1.10. APPLICATION FOR BUILDING PERMITS
In addition to all other requirements of the Ontario Building Code or any other
building code or building by-law, every applicant for a building permit shall file with
his application a plan, in duplicate, drawn to scale, in metrics, showing the true
dimensions of the lot proposed to be built upon or otherwise developed, the
proposed location, grade, dimension, height and dimensions of the building or work
in respect of which the permit is applied for, and the location on such lot of every
existing building, together with a statement, signed by the owner, disclosing the
exact use proposed for each building aforesaid and giving all information
necessary to determine whether or not such building and the proposed use thereof
conform with the requirements of this By-law.
JUNE 25, 2024 consolidated version
1-3
VILLIAGE OF NEWBURY ZONING BY-LAW
1.11. BUILDINGS TO BE MOVED
No building, residential or otherwise shall be moved within the limits of the
Municipality or shall be moved into the Municipality from outside, without a permit
from the Building Inspector.
1.12. LICENCES AND PERMITS
No municipal permit, certificate, or licence shall be issued where the said permit is
required for a proposed use of land or a proposed erection , alteration,
enlargement, or use of and building or structure that is in violation of any provisions
of this By-law.
1.13. VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses any building in a manner
contrary to any requirement of this By-law, or who causes or permits such use or
erection, or who violates any provision of this By-law or causes or permits a
violation, is guilty of an offence and upon conviction therefore shall be liable to a
fine not to exceed one thousand dollars ($1,000.00) exclusive of costs, for each
offence, and every such penalty shall be recoverable under The Summary
Convictions Act, R.S.O., 1970, as amended from time to time.
1.14. REMEDIES
Where any building is or is proposed to be erected, altered, reconstructed,
extended or enlarged, or any building or part thereof is or is proposed to be used,
or any land is or is proposed to be used, in contravention of the provisions of this
By-law, the same may be restrained by action at the instance of any ratepayer, or
of the Council of the Municipality pursuant to the provisions of The Planning Act.
R.S.O., 1970, as amended from time to time.
1.15. REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous by-laws passed under
section 35 of The Planning Act, R.S.O., 1970 or a predecessor thereof, shall be
deemed to have been repealed except to the extent that any of the said by-laws
prohibits the use of any land, building or structure for a purpose that is also
prohibited by this law.
JUNE 25, 2024 consolidated version
1-4
VILLIAGE OF NEWBURY ZONING BY-LAW
1.16. APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to
comply with the requirements of the Building By-law or any other by-law of the
Municipality in force from time to time or the obligation to obtain any license, permit,
authority or approval required under any by-law of the Municipality.
1.17. VALIDITY
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law shall
not be affected.
1.18. EFFECTIVE DATE
This By-law shall, upon approval of the Ontario Municipal Board, come into full
force and effect as of the date of passing hereof.
JANUARY 1, 2017 consolidated version
2-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 2: DEFINITIONS
For the purposes of this By-law, the definitions given herein shall govern.
2.1
ACCESSORY, when used to describe a use, building, or structure, shall mean a
use, a building, or structure that is normally incidental, subordinate and exclusively
devoted to a main use, building, or structure and that is located on the same lot
therewith.
2.1a VEGETABLE PROCESSING ESTABLISHMENT, shall mean the use of land,
buildings or structures for the processing of vegetables including the treatment and
storage thereof. (By-law No. 110-11)
2.2
AGRICULTURAL USE, shall mean general farming and without limiting the
generality of the foregoing includes the raising and harvesting of field, bush, tree
or vine crops, truck gardening, nurseries, green-houses, and the sale of produce
grown on the farm from which the sale is made but excludes livestock farming,
mushroom farming, or the sale of such products raised on the subject premises.
2.3
ALTER, when used in reference to a building or structure or part thereof, shall
mean 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. When used in reference to a lot, the word "alter" means to decrease
the width, depth, or area thereof, or to decrease the width, depth, or area of any
required yard, setback, landscaped open space, or parking area, or to change the
location of any boundary of such lot with respect to a street or lane, whether such
alteration is made by conveyance or alienation of any portion of said lot, or
otherwise.
2.4
ATTACHED, shall mean a building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in
common with an adjacent building or buildings.
2.5
BASEMENT, shall mean that portion of a building between two floor levels which
is partly underground but which has at least one-half of its height from finished
floor to finished ceiling above adjacent finished ground surface or grade.
2.6
BOARDING HOUSE, ROOMING HOUSE, or TOURIST HOME, shall mean any
house or 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,
motel, hospital, home for the young or the aged, or institution, or restaurant
accommodating the general public.
JANUARY 1, 2017 consolidated version
2-2
VILLIAGE OF NEWBURY ZONING BY-LAW
2.7
BUFFER STRIP, shall mean an area used for no other purpose than the planting
and maintaining of a continuous row of evergreen trees, not less than 2 (2.0)
meters high, and the remainder of which is used for landscaping and the planting
of ornamental shrubs, flowering shrubs, flower beds, or a combination thereof.
2.8
BUILDING, shall include any structure whether temporary or permanent, used or
intended for sheltering any use of occupancy but shall not include a boundary wall,
fence, travel trailer, camping trailer, truck camper, motor home or tent.
2.9
BUILDING AREA, shall mean an area designated on a zoning map or zoning map
schedule as "Building Area" which defines the area of a lot within which permitted
buildings or other structures may be erected, used, and maintained.
2.10 BUILDING BY-LAW, shall mean any building by-law within the meaning of The
Planning Act, R.S.O., 1970.
2.11 BUILDING INSPECTOR shall mean the officer or employee of the municipality for
the time being charged with the duty of enforcing the provisions of this By-law, the
Ontario Building Code, or any other building code or building by-law of the
Municipality.
2.12 BUILDING LINE, shall mean a line within a lot drawn parallel to a lot line; it
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.
2.13 BUILDING LINE, ESTABLISHED, a building line shall be considered to be
established between existing buildings when at least five (5) main buildings have
been erected on any one side of a continuous one hundred and fifty (150.0) 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.
2.14 CARPORT, refer to the definition of Garage, Private.
2.15 CELLAR, shall mean 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.
2.16 CHURCH, shall mean a building dedicated to religious worship and may include a
church hall, church auditorium, Sunday school, parish hall, and church day
nursery.
JANUARY 1, 2017 consolidated version
2-3
VILLIAGE OF NEWBURY ZONING BY-LAW
2.17 CLINIC, shall mean any building containing more than two rooms used or intended
for use for any of the purposes of medical or dental practice, and without limiting
the generality of the foregoing includes the offices or consulting room of members
of the medical or dental professions listed in this By-law under the definition "Home
Occupation" and includes any building in which two or more Home Occupations
are being carried on by members of the said medical or dental profession.
2.18 COMMERICAL USE, shall mean the use of land or buildings for the purposes of
buying and/or selling commodities and supplying services.
2.19 COMMUNITY CENTER, shall mean a building use for community activities and
not used for commercial purposes, the control of which is vested in the
Municipality, a local board, or trustees.
2.19a CONTRACTOR'S YARD, shall mean land, buildings or structures designed, used
or intended for use by any building trade or other construction or service contractor
for any of the following purposes:
a) storing equipment, vehicles, or materials and may include construction
and heavy equipment and commercial motor vehicles but not including
derelict motor vehicles;
b) accessory storage of non-organic landscape material that is not
available for sale to the general public;
c) performing shop work or assembly work; or
d) the base of operations for persons who are employed by or associated
with the business, including the assembly or rally of such persons for
transportation to a work site off the premises. (By-law No. 113-17)
2.20 COVERAGE, shall mean in the case of a residential building or structure that
portion or percentage of the area of any lot upon which buildings or structures are
erected or permitted to be erected on the lot (not including an outdoor swimming
pool) measured at the level of the lowest storey containing habitable rooms, and
in the case of a non-residential building or structure that portion or percentage of
the area of buildings or structures erected or permitted to be erected on the lot (not
including an outdoor swimming pool) measured at the level of the lowest storey
above ground, including in both cases all porches and verandahs, steps, cornices,
eaves, bay windows, chimneys.
2.21 DAY NURSERY, shall mean a day nursery within the meaning of The Day
Nurseries Act, R.S.O., 1970 as amended from time to time.
JANUARY 1, 2017 consolidated version
2-4
VILLIAGE OF NEWBURY ZONING BY-LAW
2.22 DWELLING, shall mean a building, occupied or capable of being occupied
exclusively as a home, residence or sleeping place by one or more persons, but
shall not include hotels, boarding houses, rooming houses, motels, institutions and
mobile homes.
2.23 DWELLING UNIT, shall mean one or more habitable rooms occupied or capable
of being occupied by an individual or family as an independent and separate
housekeeping establishment in which separate kitchen and sanitary facilities are
provided for the use of such individual or family, with a private entrance from
outside the building or from a common hallway or stairway inside the building.
2.24 DWELLING, BACHELOR, shall mean a dwelling unit without a standard bedroom,
providing therein living, sleeping, eating, food preparation and sanitary facilities for
one or more adults. Other essential facilities and services may be shared with
other dwelling units.
JANUARY 1, 2017 consolidated version
2-5
VILLIAGE OF NEWBURY ZONING BY-LAW
2.25 DWELLING, SINGLE-FAMILY DETACHED, shall mean a completely detached
dwelling designed, intended, and used for occupancy by not more than one family.
2.25a DWELLING, SEMI-DETACHED, shall mean a dwelling that is divided vertically
above grade into two (2) dwelling units, each of which has an independent
entrance either directly or through a common vestibule. (By-law 125-07)
2.25b DWELLING, STREET TOWNHOUSE means a townhouse with each dwelling unit
having frontage on a public street. (By-law No. 6-23)
2.25c DWELLING, TOWNHOUSE means a dwelling divided vertically into three or more
dwelling units with a maximum of eight units, each of which has a separate
entrance at grade to the front and rear yards or front and side yards. (By-law No.
6-23)
2.26 DWELLING, CONVERTED, shall mean a dwelling originally designed as a single-
family dwelling unit which because of size or design is or can be converted by
partition and the addition of sanitary facilities and cooking facilities into more than
one dwelling unit.
2.26a DWELLING, FOUR-PLEX, shall mean the whole of a dwelling that is divided
horizontally and/or vertically into four separate dwelling units each of which has an
independent entrance either directly from the outside or through a common
entrance. (By-law 835-90)
2.26 b DWELLING, DUPLEX shall mean a dwelling that is divided horizontally into two (2)
dwelling units, each of which has an independent entrance either directly or through
a common vestibule. (By-law No. 125-18)
2.27 ERECT, shall include build, construct, reconstruct, alter and relocate and, not to
limit the generality of the foregoing, shall be taken to include any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or draining,
structurally altering any existing building or structure by addition, deletion,
enlargement or extension.
2.28 EXISTING, shall mean existing as of the date of the passing of this By-law.
2.29 FAMILY, shall mean an individual, or two (2) or more persons who are interrelated
by blood, or marriage, or legal adoption, or a group of not more than three (3)
unrelated persons and not more than two (2) persons who receive their lodging
and/ or board for compensation, exclusive of domestic help, occupying a dwelling
unit.
2.30 FARM, shall mean a lot, held for the purpose of agricultural use, together with or
without its dependant buildings including one single-family detached dwelling with
JANUARY 1, 2017 consolidated version
2-6
VILLIAGE OF NEWBURY ZONING BY-LAW
private garage, barns, sheds, pens, and similar accessory buildings, except that
in areas where buildings and structures are prohibited such use shall refer only to
the land.
2.31 FLOOR AREA, shall mean the sum of the areas of all floors of a building measured
from the outside of all exterior walls exclusive of any attic, basement, cellar,
garage, verandah, porch, or sunroom unless such enclosed porch or sunroom is
an integral part of the building and habitable in all seasons, and excluding any floor
area with a ceiling height of less than two (2.0) metres.
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2.32 FLOOR AREA, GROUND, shall mean the area of a building or portion of a building
or structure measured from the outside of all exterior walls, at grade, exclusive of
any accessory buildings, garage, basement, cellar, terrace, verandah, open or
enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral
part of the building and habitable in all seasons.
2.33 FORESTRY USE, shall mean the general raising and harvesting of wood and
without limiting the generality of the foregoing includes the raising and cutting of
fuel wood, pulp wood, lumber, Christmas trees, and other forest products.
2.34 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a building
designed for the storage of not more than three (3) private motor vehicles and the
storage of household equipment incidental to residential occupancy, wherein
service for profit is rendered; and where such structure is within two (2.0) metres
of the main building, it shall be deemed to be part of the main building and not an
accessory building.
2.35 GARAGE, PUBLIC, shall mean 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 motor vehicles, and may include a
motor vehicle service establishment.
2.36 GRADE, shall mean:
a)
for a building adjoining one street only, the elevation of the sidewalk at the
center of that wall adjoining the street, provided the sidewalk is higher than
the crown of the street or road;
b)
for a building adjoining more than one street, the average of the elevation
of the sidewalk at the center of all walls adjoining the streets, provided the
sidewalk is higher than the crown of the street or road;
Where the crown of the street or road is higher than the sidewalk, the
elevation of the crown at the centre of the wall or walls shall be used to
determine the grade. All walls not more than four and one-half (4.5) metres
from the street line shall be considered as adjoining the street. If the
adjoining street has no public sidewalk, or if the building has no walls
adjoining the street, the grade shall be determined by the Building Inspector.
2.37 HEIGHT, when used with reference to a building or structure shall mean the
vertical distance in metres between the horizontal plane through grade level and a
horizontal plane through:
a)
the highest point of the roof assembly in the case of a building with a flat
roof or a deck roof;
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VILLIAGE OF NEWBURY ZONING BY-LAW
b)
the average level of a one slope roof, between the ridge and the eaves,
provided that such roof having a slope less than twenty degrees with the
horizontal shall be considered a flat roof;
c)
the average level between eaves and ridges in the case of a roof-type not
covered in sub-sections a) and b).
The height regulations shall not apply to any ornamental dome, skylight, chimney,
tower, storage silo, barn, elevator enclosure, flag pole or antennae, cupola,
steeple, or church spire.
2.38 HOME OCCUPATION, shall mean an occupation for gain or support conducted
entirely within a dwelling as a secondary use and only by members of the family
residing on the premises plus not more than one (1) assistant who is not a resident
of the said dwelling.
2.39 HOME OCCUPATION, AGRICULTURAL, shall mean an occupation for gain or
support, associated with an agricultural use or a residential use, which serves
agricultural uses and which is conducted by only one member of the family residing
on the premises.
2.40 HOTEL, means any hotel, tavern, inn, lounge, or public house in one main building
or in two or more buildings use mainly for the purposes of catering to the needs to
the travelling public by supplying food and furnishing sleeping accommodation of
not less than six (6) guest rooms, which guest room contain no provisions for
cooking, and all such buildings operating under The Liquor License Act, R.S.O.,
1970 and The Tourist Establishments Act, R.S.O., 1970.
2.41 INDUSTRIAL USE, GENERAL, shall mean the use of land, building or structure
designed for the purpose of manufacturing, assembling, making, 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 building and construction equipment and materials, but not including
any obnoxious industry, mine, pit, quarry or oil well.
2.42 INDUSTRIAL USE, LIGHT, shall mean the manufacturing, assembly or processing
of component parts to produce finished products suitable for retail or wholesale
trade but does not include food, beverage, tobacco, rubber, leather, textile and
knitting, wood, printing, metal fabricating or similar industries if these operations
involve stamping presses, furnaces, machinery, or the emission of any air or water
pollution, that can be smelt, heard, or otherwise perceived outside of the building.
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2.43 INSTITUTIONAL USE, shall mean the use of land, buildings or other structures for
some public or social purpose but not for commercial purposes. These uses may
include governmental, religious, educational, charitable, philanthropic, or other
similar but non-commercial uses and notwithstanding the generality of the
foregoing institutional uses may include: schools, churches, municipal offices and
hospitals.
2.44 LIVESTOCK, shall mean farm animals kept for use, for propagation, or intended
for profit and includes dairy and beef cattle, horses, swine, sheep, laying hens,
chicken and turkey broilers, turkeys, goats, geese, ducks, mink, and rabbit.
2.45 LOADING SPACE, shall mean a space or bay located on a lot which is used or
intended to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise or materials used in connection with the
main use of the lot or any building thereon, and which has an unobstructed access
to a street or lane.
2.46 LOT, shall mean a parcel of land, described in a registered deed or other document
legally capable of conveying land or shown as a lot or block on a registered plan
of subdivision including any of its parts which are subject to a right-of-easement,
but does not include a lot or a block on a registered plan of subdivision which has
been deemed not to be a registered plan of subdivision under a by-law passed
pursuant to The Planning Act, R.S.O., 1970, as amended from time to time.
2.47 LOT AREA, shall mean the total horizontal area within the lot lines of a lot.
2.48 LOT, CORNER, shall mean a lot situated at the intersection of and abutting upon
two (2) streets which intersect at an angle of not more than one hundred and thirty-
five (135) degrees.
2.49 LOT FRONTAGE, shall mean the horizontal distance between the side lot lines 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 center of the front
and the centre of the rear lot lines at a point six (6.0) metres back from the front lot
line, 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 six
(6.0) metres back from the front lot line.
2.50 LOT DEPTH, shall mean the horizontal distance between the front and rear lot
lines. If these lines are not parallel, it shall be the length of a line joining the mid-
points of the front and rear lot lines. When 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.
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2.51 LOT INTERIOR, shall mean a lot other than a corner lot.
2.52 LOT LINES, shall mean the boundary lines of a lot defined as follows:
a)
Front lot lines shall mean, except in the case of a corner lot, the line dividing
the lot from the street; in the case of a corner lot the shorter boundary line
abutting the street shall be deemed the front line and the longer boundary
line abutting the street shall be deemed the side lot line, in case each of
such lot lines should be of equal length the front lot line shall be deemed to
be the front lot line as established in the block by prior construction. In the
case of a through lot, the shorter boundary dividing the lot from the street
shall be deemed to be the front lot line and the opposite longer boundary
shall be deemed to be the rear lot line. In case each of such lot lines should
be of equal length, the front lot line shall be deemed to be the front lot line
as established in the block by prior construction.
b)
Rear lot line shall mean the lot line farthest from or opposite to the front lot
line.
c)
Side lot line shall mean a lot line other than a front or rear lot line.
2.53 LOT, THROUGH, shall mean a lot bounded on two opposite sides by streets.
Provided, however, that if any lot qualifies as being both a corner lot and a through
lot as hereinbefore defined, such lot shall be conclusively deemed to be corner lot.
2.54 MAIN BUILDING, shall mean the building designed or used for the principle use
on the lot.
2.55 MAIN WALL, shall mean the exterior front, side, or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
2.56 MOBILE HOME, shall mean a single-family detached dwelling designed to be
transported after fabrication, either on its own wheels, in a flatbed, in other trailers,
or on detachable wheels, which is suitable for occupancy as a dwelling unit except
to minor and incidental unpacking and assembly operations, and placement on a
mobile home stand, connection to utilities and the like, but which does not include
single-family detached dwellings constructed in parts, designed to be transported
to a lot where they are joined as integral units and placed on a permanent
foundation, cellar, or basement.
2.57 MOBILE HOME STAND, shall mean that part of a lot which is reserved for the
placement of a Mobile Home.
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2.58 MOTEL, shall mean one building, or two (2) or more detached buildings for the
purpose of catering to the needs of the traveling public by furnishing sleeping
accommodation with or without supplying food and shall include a motor court,
auto court, and all such buildings operating under The Liquor License Act, R.S.O.,
1970 and The Tourist Establishment Act, R.S.O., 1970.
2.59 MOTOR HOME, shall mean a structure built on and made an integral part of a self-
propelled motor vehicle chassis other than a passenger automobile chassis,
primarily designed to provide temporary living quarters for recreation, camping and
travel use.
2.60 MOTOR VEHICLE, shall mean a wheeled self-propelling vehicle for the
transportation of passengers and goods and without limiting the generality of the
foregoing includes automobiles, trucks, buses, ambulances, hearses, motor
homes and tractors.
2.61 MOTOR VEHICLE REPAIR ESTABLISHMENT, shall mean a building on a lot
used for complete repairs to motor vehicle bodies, frames, or motors including the
painting, upholstering, washing, and cleaning of such vehicles.
2.62 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking lot, building
or lot where motor vehicles are hired, kept or used for hire, or where such vehicles
and gasoline, oils, tires, batteries and accessories are stored or kept for sale, and
where motor vehicles may be oiled, greased or washed, or have their ignition
adjusted, tires inflated or batteries charged or where repairs essential to the actual
operation of motor vehicles are executed or performed.
2.63 MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building or a clearly
defined space on a lot where gasoline, oil, grease, antifreeze, tires, tubes, tire
accessories, electric light bulbs, spark plugs and batteries 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.
2.64 MUNICIPALITY, shall mean the Corporation of the Village of Newbury.
2.65 NON-COMPLYING, shall mean that which does not conform, comply or agree with
the regulations of this By-law as of the date of passing thereof.
2.66 NON-CONFORMING, shall mean a use, building or structure which is not a use,
building or structure permitted in the zone in which the said use, building or
structure is situated.
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2.67 NON-RESIDENTIAL, when used with reference to a building, structure or use,
shall mean designed, intended or used for purposes other than those of a dwelling.
2.68 NURSING HOME or REST HOME, shall mean a building in which the proprietor
supplies for hire or gain lodging with or without meals, and, in addition, provides
nursing, medical or similar care and treatment, if required, and shall include a rest
home or convalescent home.
2.69 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or
temporary basis.
2.70 OFFICE, GENERAL, shall mean any building or part of a building in which one or
more persons are employed in the management, direction or conducting of an
agency, business, labour, or fraternal organization, but excludes such uses as
retail sale, manufacture, assembly or storage of goods, or places of assembly and
amusement.
2.71 OFFICE, PROFESSIONAL, shall mean any office used by professionally qualified
persons, for the purposes of giving advice, consultation or treatment to clients or
patients.
2.72 OUTSIDE STORAGE, shall mean the storage of goods in the open air and in
unenclosed portions of buildings which are open to the air on the sides.
2.73 OWNER, shall mean the person who holds legal title to a piece of property.
2.74 PARKING LOT, shall mean an area provided for the temporary parking of two or
more motor vehicles and may include aisles, parking spaces and related entrance
and exit lane, but shall not include any part of a public street.
2.75 PARKING SPACE, shall mean an area enclosed in a principle building, in an
accessory building, or unenclosed, having an area of not less than nineteen (19.0)
square metres, exclusive of aisles or driveways and accessible to a street or lane,
and set aside for the purpose of the temporary parking or storage of a motor
vehicle.
2.76 PARK, PRIVATE, shall mean a park not open to the general public and may be
operated for commercial gain.
2.77 PARK, PUBLIC, shall mean an area of open land, 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.
2.78 PERMITTED, shall mean permitted by this By-Law.
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2.79 PERSON, shall include an individual, an association, a firm, a partnership, an
incorporated company, municipal corporation, agent or trustee and their heirs,
executors, or other legal representatives of a person to whom the context of this
By-law can apply according to law.
2.80 PORCH, shall mean a roofed, open gallery, or portico attached to the exterior of a
building.
2.81 PUBLIC AUTHORITY, shall mean any school board, public utility commission,
transportation commission, public library board, board of parks management,
board of health, board of commissioners of police, planning boards or commission
or committee of local authority established or exercising any power or authority
under any general or special statute of Ontario with respect to any of the affairs or
purposes of a municipality or a portion thereof, and includes any committee or local
authority established by by-law of the Council of the Municipality.
2.82 RESIDENTIAL USE, means the use of a building or structure or parts thereof as a
dwelling.
2.83 RETAIL STORE, shall mean a store or shop within which is conducted the selling
or buying of goods or the providing of a service primarily to or from the general
public, and offices, servicing, manufacturing, repairing, warehousing or storage
accessory thereto and may include motor vehicle accessory stores, furniture
stores, variety stores, clothing stores, hairdressers, banks, restaurants, and snack
bars.
2.84 SCHOOL, PUBLIC, any school established and maintained by the Middlesex
County Board of Education, or the Middlesex County Separate School Board.
2.85 SCHOOL, PRIVATE, shall mean an educational or training establishment which is
not under the jurisdiction of a Board as defined in The Department of Education
Act, R.S.O., 1970, as amended from time to time.
2.86 SENIOR CITIZEN HOME, shall mean a multiple housing unit for the aged where
over fifty (50) percent of the dwelling units are designed, intended, and used for
persons sixty (60) years of age or over.
2.87 SERVICE SHOP, shall mean any building or part thereof where appliances and
machinery are sold, serviced, or repaired and includes building trades
establishments but excludes any manufacturing, processing, or wholesaling.
2.88 SETBACK, shall mean the horizontal distance from the centre line of the street
allowance, measured at right angles to such centre line, to the nearest part of any
building or structure on a lot.
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2.88a SEWAGE TREATMENT PLANT, shall mean the use of land, buildings and
structures by the Municipality or by a public authority, where domestic or industrial
waste is collected and treated, and may include a sewage pumping station. (By-
law No. 130-01)
2.89 SIGN, shall mean a name, identification, description, device, display, or illustration
which is affixed to, or represented directly or indirectly upon a building, structure
or lot and which directs attention to an object, product, place, activity, person,
institution, organization or business.
2.90 STOREY, shall mean the portion of the building, other than the basement or cellar,
which lies between the surface of the floor and the surface of the next floor above
it, or if there is no floor above it, then the space between such floor and the ceiling
or roof next above it.
2.91 STOREY, FIRST, shall mean the lowest storey of a building, excluding the
basement or cellar.
2.92 STOREY, HALF, shall mean the portion of a building located wholly or partly within
a sloping roof, having side walls not less than one (1.0) metre in height and the
ceiling with a minimum height of two (2.0) metres over an area equal to at least
fifty (50) percent of the area of the floor next below.
2.93 STREET or ROAD, shall mean a common and public highway of satisfactory
construction and maintenance to permit the passage of motor vehicles and
includes a street and a bridge forming part of a highway or on, over or across which
a highway passes.
2.94 STREET or ROAD, ARTERIAL, shall mean a street or road under the jurisdiction
of the Province of Ontario of the County of Middlesex.
2.95 STREET LINE, shall mean the limit of the street allowance and is the dividing line
between a lot and a street.
2.96 STRUCTURE, shall mean any erection fixed to or supported by the soil.
2.97 TAVERN, shall mean an establishment operating under The Liquor License Act,
R.S.O., 1970, where alcoholic beverages are sold to be consumed on the
premises.
2.98 TOURIST HOME, refer to the definition of Boarding House.
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2.99 TRAVEL TRAILER, shall mean any vehicle including a camping trailer, so
constructed that it is suitable for being attached to a motor vehicle for the purpose
of being drawn or propelled by the motor vehicle, but not including any vehicle
unless it is used or intended for the living, sleeping, or eating accommodation of
persons therein for seasonal recreational activity.
2.100 TRUCK CAMPER, shall mean a portable structure, designed to be loaded onto, or
affixed to, the bed or chassis of a truck, constructed to provide temporary living
quarters for recreation, camping or travel use.
2.101 USE, when used as a noun, shall mean the purpose for which any land, building
or structure is designed, arranged or intended to be occupied or used, or for which
it is occupied, used or maintained.
2.102 WATER SUPPLY, COMMUNAL, shall mean a privately-owned and operated
system whereby water is piped to more than one dwelling unit, or to more than one
commercial use, or to more than one institutional use, or combination thereof,
situated on separate lots.
2.103 YARD, shall mean a yard extending across the full width of the lot between the
front lot line of the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such buildings, structures, or
uses as are specifically provided for elsewhere in this By-law.
2.104 YARD, FRONT, shall mean a yard extending across the full width of the lot
between the front lot line of the lot and the nearest main wall of any main building
or structure on the lot. "FRONT YARD DEPTH" 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.
2.105 YARD, REAR, shall mean a yard extending across the full width of the lot between
the rear lot line of the lot and the nearest main wall of any main building or structure
on the lot. "REAR YARD DEPTH" 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.
2.106 YARD, SIDE, shall mean a yard extending from the front yard to the rear yard and
from the side lot line of the lot to the nearest main wall of any building or structure
on the lot. "SIDE YARD WIDTH" 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.
2.107 YARD, SIDE, EXTERIOR, shall mean a side yard immediately adjoining a public
street.
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2.108 YARD, SIDE, INTERIOR, shall mean a side yard other than an exterior side yard.
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SECTION 3: ZONES AND ZONING MAP
3.1
ESTABLISHMENT OF ZONES
For the purposes of this By-law, the map hereto annexed as Schedule "A" shall be
referred to as the "Zoning Map" for the Village of Newbury and the zoning map
shall be divided into the following zones:
ZONES
SYMBOL
Agricultural
A
Residential First Density
R1
Central Commercial
C1
Highway Commercial
C2
General Industrial
M1
Restricted Industrial
M2
Institutional
I
Open Space
OS
Development
D
3.2
USE OF ZONE SYMBOLS
The symbols listed in Section 3.1 shall be used to refer to land, buildings, and
structures and then uses thereof permitted by 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 shall mean any area within the Village of Newbury delineated
on the zoning map and designated thereon by the said symbol.
3.3
APPLICATION OF REGULATIONS
No person shall within any zone use any land or erect, build, construct, reconstruct,
relocate, excavate for, alter, add to, enlarge, extend or use any building or
structure, except in conformity with this By-law for the zone in which such land,
building, structure or use is located.
3.4
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said
zones as shown on the zoning maps, the following shall apply:
3.4.1 unless otherwise shown, the boundary of the zones as shown on the zoning
maps are the center lines of the road allowance or lot lines and the
projection thereof;
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VILLIAGE OF NEWBURY ZONING BY-LAW
3.4.2 where zone boundaries are indicated as approximately following lot lines
shown on a registered plan of subdivision, such lot lines shall be deemed
to be the said boundary;
3.4.3 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 map;
3.4.4 unless otherwise indicated, a street, lane, railroad or railway, right-of-way,
or watercourse included on the zoning map, is included within the zone of
the adjoining property on either side thereof; and where such street, lane,
right-of-way, or watercourse serves as a boundary between two or more
different zones, a line midway in such street, lane, right-of-way or
watercourse and extending in the general direction of the long division
thereof is considered the boundary between zones unless specifically
indicated otherwise.
3.4.5 in the event a dedicated street, lane, or right-of-way shown on the map is
closed, the property formerly in said street, lane, or right-of-way shall be
included within the zone of the adjoining property on either side of the said
closed street, lane, right-of-way, and the zone boundary shall be the former
centre line of said closed street, lane, or right-of-way.
3.4.6 where any zone boundary is left uncertain after application of the preceding
provisions, then the boundary line shall be determined according to the
scale on the zone map in the office of the Building Inspector.
3.5.
TEMPORARY USE BY-LAWS
3.5.1 Where the symbol "(T)" followed by a zone symbol listed in Section 4.7.3
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.
(EXPIRED on April 17, 2021).
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SECTION 4: GENERAL PROVISIONS
4.1
APPLICATION
The provisions of this section apply in all zones except as may be indicated
otherwise.
4.2
ACCESSORY USES
Accessory uses, buildings or structures, are permitted in any yard, in any zone,
subject to the provisions of this By-law for the particular zone in which said building
or use is located, and provided that no accessory building or use:
4.2.1 shall be used for human habitation, except where a dwelling unit is a
permitted accessory use;
4.2.2 shall be built closer to the front lot line or side lot line than the minimum
distance required by this By-law for the main building on the lot;
4.2.3 shall be located in the front yard or the exterior side yard, in the case of a
corner lot;
4.2.4 shall be built closer to the street than the main building is to that street;
4.2.5 shall be built closer than one (1.0) metre to any lot line except:
a)
that common semi-detached private garages or carports may be
centered in the mutual lot line;
b)
that where a lot line abuts a public lane an accessory building may be
located not less than one-half (0.5) metre from said lane.
4.2.6 shall exceed ten (10) percent coverage of the total lot area;
4.2.7 shall exceed six (6.0) metres in height or contain more than two storeys;
4.2.8 shall be built within two (2.0) metres of the main building except where a
dwelling unit is a permitted accessory use;
4.2.9 shall be considered as an accessory building if attached to the main building
in any way except where a dwelling unit is a permitted accessory use;
4.2.10 shall be considered an accessory building if located completely
underground.
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4.3
COMMERCIAL ACCESSORY USE
Notwithstanding any other provisions of this By-law, where a commercial use is
permitted as an accessory use in an industrial zone, it shall be erected within two
(2.0) metres of the main building, shall not exceed ten (10) percent of the total floor
area of the main building, and shall not exceed a maximum floor area of two
hundred and eighty (280.0) square metres
4.4
RESIDENTIAL ACCESSORY USE
4.4.1 Notwithstanding any other provisions of this By-law, where a dwelling unit
is permitted as an accessory use in an industrial zone, it shall be erected
within the main building, shall have a minimum floor area of forty (40.0)
square metres, and shall be designed, used, or intended to be used for the
exclusive use of a caretaker or security guard of the industrial use.
4.4.2 Notwithstanding any other provisions of this By-law, where a dwelling unit
is permitted as an accessory use in a commercial zone, an institutional
zone, or an open space zone, the following provisions shall apply:
a)
for a single family detached
dwelling, the minimum lot area
over and above the minimum
requirements of the commercial
or institutional zone
930.0 m²
b)
maximum building height
10.5 m
c)
minimum floor area
80.0 m²
4.5
HOME OCCUPATIONS
Where a home occupation is permitted in a particular zone, the following provisions
shall apply:
4.5.1 there is no outside storage of materials, containers, or finished products;
4.5.2 the character of the dwelling as a private residence does not change, or a
public nuisance particularly in regard to noise, traffic or parking is not
created;
4.5.3 there is no mechanical equipment used, the operation of which would result
in any undue noise, fumes, dust, or odor escaping to any adjoining use;
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4.5.4 does not occupy more than 25 percent of the total floor area of the dwelling
unit including basement or cellar area used for home occupation or as living
quarters, or forty (40.0) square metres whichever is the lesser, and for
greater clarity, such uses include the offices or consulting room for a
profession such as a physician, dentist, chiropractor, lawyer, engineer,
accountant, teacher, musical instructor when a single pupil is instructed at
a time, the office for a trade such as a painter or electrician and the
workroom for a dressmaker, milliner, or hairdresser, but does not include or
permit a clinic, any shop, tea room, tourist home, convalescent home,
mortuary, funeral parlour, dancing school, rooming house, boarding house,
hairdressing if more than two persons engaged in the business, or any
similar use or other commercial use or institutional use or a workshop,
storage yard, parking area or plan for any other of the trades.
4.6
PUBLIC USES
The provisions of this By-law shall not apply to the use of any land or to the erection
or use of any building or structure for the purpose of public service by the
Municipality or by any local board thereof as defined by The Municipal Affairs Act,
Chapter 98, R.S.O., 1970, any railway, telephone, telegraph or gas company, any
department of the Government of Ontario or Canada, including Ontario Hydro or
any other public authority provided that:
4.6.1 the lot coverage, setback and yard requirements prescribed for the zone in
which such land, building or structured is located shall be complied with;
4.6.2 no goods, material, or equipment shall be stored in the open in a residential
zone or in a lot adjacent to a residential zone;
4.6.3 any building erected in a residential zone under the authority of this
paragraph shall be designed and maintained in general harmony with
residential buildings of the type permitted in the zone;
4.6.4 any parking and loading regulations for these uses are complied with.
4.7
TEMPORARY USES
Notwithstanding any other provisions of this By-law, uses such as a construction
camp or other such temporary work camp, a tool shed, mobile home, scaffold,
sign or building incidental to construction are permitted in any zone provided that:
4.7.1 any sign which is erected does not exceed three (3.0) square metres in
area;
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4.7.2 such uses or buildings are used only as long as same are necessary for
work in progress which has neither been finished or abandoned or a
period of one (1.0) year whichever is the lesser;
4.7.3 such uses or buildings are removed when the work in connection with which
they were permitted is terminated.
4.8
DANGEROUS USES
No land, building or structure shall be used in the Municipality for the industrial
manufacture of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene,
gasoline, dynamite, dualene, nitroglycerine, gun powder, petroleum and petroleum
liquid material which is likely to create danger to health, or danger from fire or
explosion.
4.9
OBNOXIOUS USES
Any use is prohibited which by its nature or by the materials used therein is
declared under The Public Health Act, R.S.O., 1970, or any regulations adopted
thereunder to be a noxious or offensive trade, business or manufacture.
4.10 NON-CONFORMING USES
The provisions of this By-law shall not apply:
4.10.1
to prevent 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 effective date so long as it continues to be
used for that purpose; or
4.10.2
to prevent the erection or use for a purpose prohibited by this By-law of
any building or structure the plans for which have, prior to the day of the
passing of the By-law, been approved by the Building Inspector, so long
as the building or structure when erected is used and continues to be
used for the purpose for which it was erected and provided the erection
of such building or structure is commenced within two years after the day
of the passing of the By-law and such building or structure is completed
within a reasonable time after the erection is commenced.
4.11 PROHIBITED USES
The following uses shall be prohibited in any zone unless otherwise provided for:
4.11.1
the use of any land or the erection of any building or structure or the
purposes of wrecking yards, salvage yards, dumps, the collection of rags,
junk, any refuse, scrap iron, or other scrap metals;
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4.11.2
the location and use of a mobile home for the purpose of residential,
commercial, industrial, or institutional uses, except as a temporary use
as provided for in section 4.7.
4.12 HAZARD LANDS
4.12.1
Notwithstanding any other provisions of this By-law, no permanent
buildings or structures shall be erected or used:
a) closer than seven and one-half (7.5) metres form the top-of-bank of a
municipal drain having a width of less than four and one-half (4.5)
metres from top-of-bank to top-of-bank;
b) closer than eighteen and one-half (18.5) metres form the top-of-bank
of a municipal drain having a width of less than four and one-half (4.5)
metres and seven and one-half (7.5) metres from top-of-bank to top-
of-bank;
c) closer than thirty and one-half (30.5) metres form the top-of-bank of a
municipal drain having a width of less than seven and one-half (7.5)
metres from top-of-bank to top-of-bank;
4.12.2
Notwithstanding any other provision of this By-law, no permanent
buildings or structures shall be erected or used on lands which exhibit, or
potentially exhibit , a hazardous condition as a result to their susceptibility
to flooding, erosion, subsidence, inundation or the presence of organic
soils or steep slopes.
4.13 YARD EXCEPTION
Where in this By-law a front, side or rear yard is required, and part of the area of
the lot is, covered by water or marsh for more than two months in the year, or is
beyond the rim of the riverbank or watercourse, or between the top and toe of a
cliff or embankment having a slope of thirty (30) degrees or more from the
horizontal, then the required yard shall be measured from the nearest main wall of
the main building on the lot to the nearest edge of the said area covered by water
or marsh, or to the top of the said riverbank or watercourse, or to the top of the
said cliff or embankment.
4.14 TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILORS, TRUCK CAMPER,
MOTOR HOMES OR TENTS USED FOR HUMAN OCCUPANCY
4.14.1
No truck, bus, coach or streetcar body shall be used for human
occupancy within the municipality whether or not the same is mounted on
wheels;
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4.14.2
No travel trailer, truck camper or motor home shall be used for the living,
sleeping or eating accommodations of persons within the municipality for
a period of more than sixty (60) days in any period of ten (10) consecutive
months.
4.15 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main side walls and roof have been
erected and the external siding and roofing have been completed and sanitary
conveniences and, where applicable, kitchen and heating facilities have been
installed and are in a satisfactory working order. A certificate of occupancy may be
issued prior to the external siding being erected subject to the work being
completed within twelve months of the date the certificate was issued.
4.16 EXISTING LOTS
Notwithstanding any other provisions of this By-law, existing lots with less than the
required lot area, or lot frontage, may be developed for a use specified in the
appropriate zone provided all other regulations of the By-law are satisfied, and:
4.16.1
such lots are serviced by approved sanitary sewage facilities;
4.16.2
such lots have a minimum frontage of twelve (12.0) metres on a public
street;
4.16.3
such lots have a minimum lot area of nine hundred and thirty (930.0)
square metres where a communal or municipal water supply and
municipal sanitary sewage services are not available, and seven hundred
and fifty (750.0) square metres where a communal or municipal water
supply is available but municipal sanitary sewage services are not
available.
4.17 STREET FRONTAGE OF BUILDING LOTS
Except as hereafter provided by in this By-Law, no person shall erect a building or
structure and no person shall use any land, building, or structure, unless the lot or
parcel to be so used or upon which the building is situated, erected or proposed to
be erected abuts or fronts on a public street or public road.
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4.18 SIGHT RESTRICTION ON CORNER LOT
Notwithstanding any other provisions of this By-Law, and except in a commercial
zone, on a corner lot within the triangular space included between the street lines
for a distance of nine (9.0) metres from their point of intersection, no building or
structure shall be erected, no driveway shall be located, and no shrubs shall be
planted or maintained which obstruct the view of a driver of a vehicle approaching
the intersection.
4.19 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By-Law, no private garage on any
corner lot shall be located closer than six (6.0) metres to the street line, and no
portion of any driveway shall be located closer than nine (9.0) metres to the
intersection of two street lines or their projections.
4.20 NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the effective date on a lot having less
than the minimum frontage and/or area, or having less than the minimum set back
and/or side yard and/or rear yard required by this By-Law, the said building may
be enlarged, reconstructed, or repaired or renovated provided that:
4.20.1
the enlargement, reconstruction, repair or renovation does not further
reduce a front yard and/or a side yard and/or a rear yard having less than
the minimum required by this By-Law, and
4.20.2
all other applicable provisions of this By-Law are complied with.
4.21 USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or connected with residential, commercial, industrial, or
institutional uses but without any buildings or structures thereon, all yards required
by this By-law on a lot in the respective use zone shall be provided and maintained
as yards and the applicable regulations shall apply, except for where the land or
lot is used for gardening or open space purposes not prohibited by this By-law in
such use zone.
4.22 MINIMUM SETBACKS FROM ARTERIAL STREETS OR ARTERIAL ROADS
Notwithstanding any other provision of this By-law, where a building or structure is
erected adjacent to a Country Road, and in the absence of an established building
line as determined by the County of Middlesex, the minimum setback shall be 30.5
metres from the centre line of such arterial street or arterial road.
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4.23 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other provision of this By-law, where a single-family detached
dwelling or accessory use thereto is to be erected within a built-up area where
there is an established building line, such dwelling or accessory use may be
erected closer to the street line or to the centerline of the street or road, as the
case may be, than required by this By-law provided such dwelling or accessory
use is not erected closer to the street line or to the centerline of the street or road,
as the case may be, than the established building line on the date of the passing
of this By-law.
4.24 PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law shall be opened and unobstructed
by any structure from the ground to the sky, provided, however, that those
structures listed below shall be permitted to project into the yards indicated for the
distances specified:
Max. Projection
Structure
Permitted Yard
from Main Wall
windows, sills, belt
courses, cornices,
eaves, canopies,
gutters, chimneys,
or pilasters
any yard
0.5 metre
fire escapes and
exterior staircases
rear yard only
1.5 metres
bay windows
front, rear and
1.0 metre
exterior side yards
only
open, roofed porches
not exceeding one
storey in height,
front and rear yards
2.5 metres including
uncovered terraces
only
eaves and cornices
4.25 ENCLOSURES
Enclosures to any porch or terrace permitted in section 4.24 of this By-law shall be
limited to one (1.0) metre in height exclusive of roof supports but this shall not
prohibit the enclosure of a porch or terrace by latticing or screening or any other
form of enclosure which permits fifty (50) percent air to pass through at all times.
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4.26 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required about any building for the purpose
of complying with the provisions of this By-law shall be included as part of a yard
or other open space similarly required for another building.
4.27 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by means of an outside staircase
having more than ten (10) risers or a height of one and one-half (1.5) metres.
4.28 BUFFER STRIPS
4.28.1
A buffer strip shall be located within the zone for which it is required; it
shall be planted, nurtured or maintained by the owner of the lot on which
the buffer strip is located, and replacement of trees and plants be made
by the owner as necessary from time to time.
4.28.2
In all cases where access driveways extend through a buffer strip, it shall
be permissible to interrupt the strip within three (3.0) metres of the edge
of such driveway.
4.28.3
A buffer strip may form part of any required landscaped open space,
including the required front, side and rear yards.
4.28.4
Where a commercial zone abuts a residential zone, or industrial zone, or
an open space zone, a strip of land not less than one and one-half (1.5)
metres in width adjacent to and inside the commercial zone boundary
shall not be used for any other purpose than a buffer strip.
4.28.5
Where an industrial zone abuts a residential zone, industrial zone, or an
open space zone, a strip of land not less than three (3.0) metres in width
adjacent to and inside the industrial zone boundary shall not be used for
any other purpose than a buffer strip.
4.29 COMMERCIAL AND INDUSTRIAL ZONES ABBUTING OR ADJACENT TO
RESIDENTIAL, INDUSTRIAL AND OPEN SPACE ZONES
Where any commercial zone or industrial zone fronts on a street or road opposite
to, or directly abuts any residential zone, or open space zone, the following
provisions shall be complied with:
4.29.1
no parking of vehicles with capacity over nine hundred (900) kilos shall
be permitted in any side yard adjacent to the neighboring zone;
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4.29.2
no loading space shall be located in, nor open onto any side yard
adjacent to the neighboring zone;
4.29.3
exterior lighting and illuminated signs shall be so arranged as to deflect
light away for the adjacent neighboring zone;
4.29.4
outside storage shall be prohibited in any front yard or side yard adjacent
to the neighboring zone;
4.29.5
a buffer strip shall be provided in accordance with the provisions of
Section 4.28.4 and 4.28.5 respectively.
4.30 PARKING REQUIREMENTS
For every type of building listed below erected, altered, or enlarged in any zone
after the passing of this By-law, off-street parking shall be provided and maintained
in accordance with the following provisions:
Type of Use or Building
Minimum Parking Required
Single-family detached, converted
one (1) parking space per
dwellings, and dwelling units
dwelling unit
located in commercial buildings, senior
citizen home
auditoriums, restaurants, theatres, arena,
where there are fixed seats,
community centres, private clubs, and other
one (1) parking space for
places of assembly
every five (5) seats or for
every three (3.0) metres of
bench space; where there
are no fixed seats, one (1)
parking space for each
ten (10.0) square metres of
floor area devoted to
public use
hospitals, nursing homes or rest homes,
one (1) parking space for each
and welfare institutions
two beds or for each forty
(40.0) square metres of floor
area whichever is greater
schools
one (1) parking space for each
teaching staff member for
elementary schools
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churches
one (1) parking space for
every ten (10) seats or six
(6.0) metres of bench space of
its maximum seating capacity
libraries
a minimum of ten (10) parking
spaces or one (1) parking
space per three hundred
(300.0) square metres of
building floor space,
whichever is greater
funeral homes
one (1) parking space for
every five (5) seats of its
maximum seating capacity
with a minimum of ten (10)
parking spaces
Type of Use or Building
Minimum Parking Required
hotels, motels, and taverns
one (1) parking space per
rental unit, one additional
parking space for each ten
(10.0) square metres of
floor area devoted to public
uses such as restaurants,
taverns and other eating
places associated with motels
and staff houses
boarding house, rooming house, or
one (1) parking space for
tourist home
every two (2) rooms rented
industrial establishments
one (1) parking space for each
three hundred (300.0) square
metres of building floor space
retail stores
one (1) parking space per
thirty (30.0) square metres of
retail floor area
offices, general and professional
one (1) parking space per
thirty (30.0) square metres of
office floor area
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VILLIAGE OF NEWBURY ZONING BY-LAW
home occupation
one (1) off-street parking space
for each twenty (20.0)
square metres of floor area
devoted to said use in
addition to that required for
the dwelling
4.31 STANDARDS FOR PARKING AREAS
Where in this By-law parking areas for more than four (4) vehicles are required or
permitted:
4.31.1
adequate drainage facilities shall be provided and maintained in
accordance with the requirements of the Municipality;
4.31.2
parking areas shall have a cement or asphalt binder or any other
permanent type of surfacing to prevent the raising of dust or loose
particles, and the limits of said parking area shall be defined by a fence,
curb, or other suitable obstruction designed to provide a neat
appearance; and prevent the encroachment of vehicles on adjoining
property;
4.31.3
the lights used for illumination of parking areas shall be so arranged as
to divert the light away from adjacent lots;
4.31.4
a structure, not more than three (3.0) metres in height and not more than
four and one-half (4.5) square metres in area may be erected in a parking
area for the use of parking attendants;
4.31.5
no sign other than directional signs and signs indicating the name of the
premises, not exceeding one (1.0) square metre in size, shall be erected
on any parking area or parking lot;
4.31.6
parking areas shall be within ninety (90.0) metres of the location which it
is intended to serve, and shall be situated in the same zone;
4.31.7
no gasoline pumps or other service station equipment shall be located or
maintained in any parking area;
4.31.8
a strip of land not less than three (3.0) metres wide lying within the lot in
which the parking area is located, and along all boundaries of said area
shall be used for landscaping excluding those areas used for entrances
and exits.
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4.32 LOADING SPACES
No person shall erect or use any building or structure in any commercial or
industrial zone which involves the movement of goods, merchandise, or materials,
unless loading spaces are provided and maintained in accordance with the
following provisions:
4.32.1
one loading space shall be provided for every eighteen hundred fifty
(1850.0) square metres of fraction thereof of the total floor area, to a
maximum of six (6) loading spaces in any loading area except where the
total floor area is less than two hundred and eighty (280.0) square metres
whereby no loading space shall be required;
4.32.2
loading spaces shall have dimensions not less than three and one-half
(3.5) metres by fourteen (14.0) metres;
4.32.3
loading spaces shall not have less than four and one-half (4.50 metres of
clearance.
4.33 STANDARDS FOR LOADING SPACES
Where in this By-law, loading spaces are required or permitted, the following
standards shall apply:
4.33.1
adequate driveway space to permit the safe maneuvering of vehicles on
the lot such that they do not cause an obstruction or a hazardous
condition on adjacent streets;
4.33.2
adequate drainage facilities in accordance with requirements of the
Municipality;
4.33.3
loading spaces and approaches to be maintained with a stable surface
that is treated to prevent the raising of dust or loose particles;
4.33.4
illumination of loading spaces so arranged as to be diverted away from
any adjacent residential, institutional, or open space zone;
4.33.5
loading spaces to be located in the rear yard where a lot has access at
both the front and rear to a street or road.
4.34 STANDARDS FOR ENTRANCES AND EXITS FOR LOADING AREAS AND
PARKING AREAS
Where in this By-law, loading spaces or parking areas for more than four (4)
vehicles are required or permitted:
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VILLIAGE OF NEWBURY ZONING BY-LAW
4.34.1
entrance and exit ramps for vehicular traffic shall not exceed two (2) in
number and each such ramp shall have a width of seven and one-half
(7.5) metres;
4.34.2
a driveway leading to any loading area or parking area shall have a
minimum width of three (3.0) metres for one-way traffic, and a minimum
width of six (6.0) metres for two-way traffic, and the maximum width of a
driveway shall be seven and one-half (7.5) metres;
4.34.3
a driveway leading to any loading area or parking area shall be defined
by a curb of concrete or rolled asphalt and be maintained with cement or
asphalt binder or any other permanent surfacing. In addition, said
driveway shall be located no closer than fifteen (15.0) metres from the
limits of the rights-of-way at a street intersection.
4.35 PARKING OF MOTOR VEHICLES WITHOUT CURRENT LICENCE PLATES
Notwithstanding any other provisions of this By-law, no person may use any lot in
any lot in any zone for the parking or storage of any vehicle that does not have a
current license plates except that one (1) such vehicle may be stored inside a
private garage in a residential zone or a development zone, and any number of
such vehicles may be stored within a motor vehicle service establishment in a
commercial zone.
4.36 SIGNS
No sign, billboard, or poster shall be erected in any zone, with the exception of a
commercial zone. Or an industrial zone, other than the following:
4.36.1
a name plate not larger than thirteen hundred and fifty (1350.0) square
centimeters indicating not more than the name, occupation, and
practicing hours of the occupation, and practicing hours of the occupant;
4.36.2
a sign not larger than eighteen hundred (1800.0) square centimeters
indicating caution, safety, or no trespassing;
4.36.3
a sign not larger than one-half (0.5) square metre advertising land or
premises for sale, lease, or rent;
4.36.4
a sign not larger than one-half (0.5) square metre advertising a nursing
home, rooming or boarding house, or apartment;
4.36.5
a sign or bulletin board not larger than one (1.0) square metre for a
church, school, community hall, hospital, or fraternal organization;
4.36.6
a sign not larger than three (3.0) square metres in connection with a
construction project during the course of work on that project;
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VILLIAGE OF NEWBURY ZONING BY-LAW
4.36.7
any traffic or direction sign erected by a public authority, a voters' list or
other public proclamation;
4.36.8
a sign not larger than one-half (0.5) square metre advertising the sale of
produce or a professional, home occupation, or trade;
4.36.9
any sign permitted in this section shall be located on the same lot as the
premises advertised or identified excepting for those referring to
institutional or recreational facilities;
4.36.10 not more than one (1) sign is erected on any one lot for any purpose
permitted in this section.
4.37 SIGNS, COMMERCIAL AND INDUSTRIAL
Any sign, billboard, or poster erected in an industrial zone or commercial zone
shall:
4.37.1
be limited in number to one (1) for each lot;
4.37.2
not exceed four (4.0) square metres in area and six (6.0) metres in height
above the adjoining ground;
4.37.3
not have flashing or intermitted illumination were located within thirty and
on-half (30.5) metres of a residential zone;
4.37.4
be so constructed as to reflect or deflect light away from an adjacent
residential zone.
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VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 5: AGRICULTURAL (A) ZONE REGULATIONS
5.1
PERMITTED USES
No land, building, or structure shall be used or erected in the Agricultural (A) Zone
except for the following purposes:
agricultural use
agricultural home occupation
commercial greenhouse
farm
forestry use
home occupation
plant nursery
single-family detached dwellings lawfully in existence as of the date of passing of
this By-law
5.2
MINIMUM LOT AREA
25.0 ha
5.3
MINIMUM LOT FRONTAGE
300.0 m
5.4
MAXIMUM LOT CORVERAGE
20.0 percent
5.5
MAXIMUM BUILDING HEIGHT
10.5 m
5.6
MINIMUM FLOOR AREA
for a single-family detached dwelling
90.0 m²
5.7
FRONT YARD DEPTH
18.5 m
5.8
SIDE YARD WIDTH
6.0 m
5.9
REAR YARD DEPTH
15.0 m
5.10 REGULATIONS FOR AGRICULTURE HOME OCCUPATIONS
5.10.1
storage of materials, containers or finished products in the front or side
yards shall not be permitted;
5.10.2
any building or structure, excluding that for residential use, used for an
agricultural home occupation shall not exceed seventy (70.0) square
metres of ground floor area;
5.10.3
agricultural home occupations shall include only a carpentry shop, a
welding shop, a machine shop, a small tool repair shop and home craft
operations such as pottery or a weaving operation.
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5.11 REGULATIONS FOR SINGLE-FAMILY DETACHED DWELLINGS
5.11.1
The foregoing shall not apply to prevent the enlargement of dwellings or
the erection of buildings accessory thereto in compliance with the
regulations of Section 6.
5.11.2
The foregoing shall not apply to prevent the replacement of an existing
dwelling provided the new dwelling complies to all the requirements set
out in section 6.4 to Section 6.9 inclusive.
5.12 EXCEPTIONS
Notwithstanding any other provisions of Section 5 of this By-law to the contrary,
the following provisions shall apply at the locations described:
5.12.1
a) DEFINED AREA (By-law No. 692-2)
A-1 as shown on Schedule "A" to this by-law
b) MINIMUM LOT AREA
7000.0 m²
c) MINIMUM LOT FRONTAGE
20.0 m
5.12.1
a) DEFINED AREA (By-law No. 110-11)
A-1 as shown on Schedule "A" to this by-law
b) PERMITTED USES
vegetable processing establishment in addition to all other permitted
uses of the A zone.
b) MINIMUM LOT AREA
6 ha
c) MINIMUM LOT FRONTAGE
100 m
d) MAXIMUM FLOOR AREA
vegetable processing
establishment
2000 m2
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5.13.1
a) DEFINED AREA (By-law No. 110-11)
A-2 as shown on Schedule "A" to this by-law
b) MINIMUM LOT AREA
8 ha
c) MINIMUM LOT FRONTAGE
100 m
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SECTION 6: RESIDENTIAL FIRST DENSITY (R1) ZONE REGULATIONS
6.1
PERMITTED USES
No land, building or structure shall be used or erected in the Residential First
Density (R1) Zone except for the following purposes:
one single-family detached dwelling on one lot
home occupation
private garage
6.2
MINIMUM LOT AREA
where a piped communal or municipal
1400 m²
water supply and municipal sanitary
sewage services are not available
where a piped communal or municipal
930 m²
water supply is available but municipal
sanitary sewage services are not available
where a piped communal or municipal
500 m²
water supply is available and municipal
sanitary sewage services are available
(By-law No. 130-01)
6.3
MINIMUM LOT FRONTAGE
where a piped communal or municipal
30.0 m
water supply and municipal sanitary
sewage services are not available
where a piped communal or municipal
25.0 m
water supply is available but municipal
sanitary sewage services are not available
where a piped communal or municipal
15 m
water supply is available and municipal
sanitary sewage services are available
(By-law No. 130-01)
6.4
MAXIMUM LOT COVERAGE
30 percent
6.5
MAXIMUM BUILDING HEIGHT
10.5 m
6.6
MINIMUM FLOOR AREA
90.0m²
June 2024 consolidated version
6-2
VILLIAGE OF NEWBURY ZONING BY-LAW
6.7
FRONT YARD DEPTH
7.5 m
6.8
SIDE YARD WIDTH (By-law No. 130-01)
interior lot
1.5 m
corner lot
7.5 m on the side abutting the
street and 1.5 m on the other side
6.9
REAR YARD DEPTH
9.0 m
6.10 RESIDENTIAL PARKING REGULATIONS
All parking spaces shall be located in an attached or detached private garage, or
in a driveway, or in a side or rear yard provided that the lot coverage of the spaces
shall not exceed fifteen (15) percent of the total lot area.
6.11 STORAGE OF TRAILORS OR BOATS
The owner or occupant of any lot, in a residential zone, shall not store any boat,
travel trailer, truck camper or other similar vehicle in front yard.
6.12 EXCEPTIONS
R.1.4
a) DEFINED AREA (By-law No. 113-16)
R.1.4 as shown on Schedule "A" to this By-law
b) PERMITTED USES
duplex
6.12.#
a) DEFINED AREA (By-law No. 107-05)
R1-# as shown on Schedule "A" to this By-law.
b) SPECIAL PROVISION
allows the erection of an accessory building prior to the erection a
main building.
6.12.1
a) DEFINED AREA (By-law No. 835-90)
R1-1 as shown on Schedule "A" to this By-law.
June 2024 consolidated version
6-3
VILLIAGE OF NEWBURY ZONING BY-LAW
b) PERMITTED USES
four-plex dwelling
c)
SIDE YARD WIDTH
3 m
d) PARKING REQUIREMENTS
2 per dwelling unit
6.12.2
a) DEFINED AREA (By-law No. 868-92)
R1-2 as shown on Schedule "A" to this By-law.
b) PERMITTED USES
Motor vehicles sales establishment and a public garage conditional
on the retention and use of the existing building as the only building
used for such purpose and on the further condition that no major
exterior renovation or addition be made to such building.
6.12.3
a) DEFINED AREA (By-law No. 108-09)
R1-3 as shown on Schedule "A" to this By-law.
b) PERMITTED USES
Tea Room, Art Gallery and Bed and Breakfast
6.12. 4
a) DEFINED AREA
R1-4 as shown on Schedule "A" of the By-law (3 York Street)
b) MAXIMUM BUILDING HEIGHT
Height of the
existing
building as of
the day of passing of
this by-law
amendment;
new
buildings, or
additions or
extensions to the
existing building -
10.5 m (34.4 ft)
June 2024 consolidated version
6-4
VILLIAGE OF NEWBURY ZONING BY-LAW
c) MINIMUM FRONT YARD DEPTH (York Street) 1.8 m (5.9 ft) from
the existing building;
4.0 m (13.3 ft) to
extensions or
additions to the
existing building
including attached
garage
d) MINIMUM SIDE YARD WIDTH
1.8 m (5.9 ft) from
the existing building
on the side abutting
the street 1.5 m to
the interior lot line
e) PERMITTED ENCROACHMENTS IN YARDS
Notwithstanding Section 4.24 of this Zoning By-law, open, roofed porches
not exceeding one storey in height, decks, and uncovered terraces may be
permitted in front, rear and side yards.
Notwithstanding Section 4.24 of this Zoning By-law, "open, roofed porches
not exceeding one storey in height, decks and uncovered terraces may have
a Maximum Projection from the Main Wall of:
- 2.8 m (9.1 ft) into the front yard;
- 3.8 (12.4 ft) into the exterior side yard but no closer than 0.5 m (1.64 ft) from
the exterior side lot line.
6.12.4
EXPIRED on April 17, 2021.
June 2024 consolidated version
8-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 7: CENTRAL COMMERCIAL (C1) ZONE REGULATIONS
7.1
PERMITTED USES
No land, building, or structure shall be used or erected in the Central Commercial
(C1) Zone except for the following purposes:
boarding house, rooming house, or tourist home
bus depot
offices, general or professional
hotel, or tavern
institutional use
library
motor vehicle service establishment
newspaper establishment
parking lot
post office
public garage
retail store
service shop
single family detached dwellings lawfully in existence as of the date of the passing
of this By-law
a dwelling unit is an accessory use
7.2
MINIMUM LOT AREA
where a piped communal or municipal
1400 m²
water supply and municipal sanitary
sewage services are not available
where a piped communal or municipal
930.0 m²
water supply is available and municipal
sanitary sewage services are not available
where a piped communal or municipal
500 m²
water supply is available and municipal
sanitary sewage services are available
(By-law No. 130-01)
7.3
MINIMUM LOT FRONTAGE
where a piped communal or municipal
20.0 m
water supply is available and municipal
sanitary sewage services are not available
June 2024 consolidated version
8-2
VILLIAGE OF NEWBURY ZONING BY-LAW
June 2024 consolidated version
8-3
VILLIAGE OF NEWBURY ZONING BY-LAW
where a piped communal or municipal
18.0 m
water supply is available and municipal
sanitary sewage services are not available
where a piped communal or municipal
15 m
water supply is available and municipal
sanitary sewage services are available
(By-law No. 130-01)
7.4
MAXIMUM LOT COVERAGE
40 percent
7.5
MAXIMUM BUILDING HEIGHT
12.0 m
7.6
FRONT YARD DEPTH
where the yard abuts a residential
6.0 m
institutional or open space zone
all other cases
nil
7.7
SIDE YARD WIDTH
where the yard abuts a residential
zone
4.5 m
where the yard abuts a public street
on a corner lot
6.0 m
all other cases
nil
7.8
REAR YARD DEPTH
where the rear yard abuts a residential
zone, institutional zone, or an open
space zone
6.0 m
where a building contains dwelling units
10.5 m
all other cases
3.0 m
June 2024 consolidated version
8-4
VILLIAGE OF NEWBURY ZONING BY-LAW
7.9
MOTOR VEHICLE SERVICE ESTABLISHMENT
Notwithstanding any previous provisions of this By-law, where a lot in a commercial
zone, is used for a motor vehicle service establishment, the following special
regulations shall apply:
Interior
Corner
Lot
Lot
7.9.1
Minimum lot frontage
45.0 m
55.0 m
7.9.2
Minimum lot depth
40.0 m
40.0 m
7.9.3
No portion of any pump island on a service station shall be located closer
than six (6.0) metres from the street line of any street.
7.9.4
The minimum distance from the intersection of two street lines to the
nearest ingress or egress ramp shall be not less than nine (9.0) metres,
or in the case of the intersection of two arterial streets, the minimum
distance shall not be less than fifteen (15.0) metres.
7.9.5
The minimum distance from any portion of any ingress or egress ramp to
any side lot line which abuts any other lot shall not be less than three
(3.0) metres.
7.9.6
The width of any ingress or egress ramp along any street line shall be not
more than nine (9.0) metres or less than seven and one half (7.5) metres.
7.9.7
The minimum distance between ramps shall not be less than nine (9.0)
metres.
7.9.8
The minimum interior angle of any ramp to the street line shall be greater
than sixty degrees (60º) and less than ninety degrees (90º).
7.9.9
All parts of the ingress and egress ramps shall be maintained with a
cement, or asphaltic binder or any other type of permanent surfacing to
prevent the raising of dust or loose particles.
7.9.10
Land which is not used for buildings, ramps or paving shall be landscaped
lawn, trees or shrubs and maintained in a healthy growing condition and
neat and clean in appearance.
June 2024 consolidated version
8-5
VILLIAGE OF NEWBURY ZONING BY-LAW
7.10 REGULATIONS FOR SINGLE-FAMILY DETACHED DWELLINGS
7.10.1
The foregoing shall not apply to prevent the enlargement of dwellings or
the erection of buildings accessory thereto in compliance with the
regulations of Section 6.
7.10.2
The foregoing shall not apply to prevent the replacement of an existing
dwelling in the case of partial or complete destruction caused by fire,
lightning, explosion, tempest, flood or Act of God or demolition by order
of the Municipality, the Middlesex London District Health Unit, or any
other public authority for reason of safety, health or sanitation provided
the new dwelling complies to all the requirements set out in Section 6.4
to Section 6.9 inclusive.
7.11 EXCEPTIONS
7.11.1
a) DEFINED AREA (By-law No. 125/07)
C1-1 as shown on Schedule "A" to the By-law
b) PERMITTED USES
semi-detached dwelling in addition to all other permitted uses of the
C1 zone.
c)
REGULATIONS FOR A SEMI-DETACHED DWELLING
i)
minimum lot area
200 m²
ii)
minimum lot frontage
10 m
iii)
front yard depth
6.0 m
iv)
side yard width
1.5 m except that no side yard
width shall be required between
the common wall dividing
individual dwelling units
v)
rear yard depth
7.5 m
vi)
maximum height
10 m
vii)
maximum coverage
30%
June 2024 consolidated version
8-6
VILLIAGE OF NEWBURY ZONING BY-LAW
viii)
maximum number of
dwellings per lot
1
ix)
minimum number of
parking spaces
1 per dwelling unit
d) 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.
7.11.2
C1-2 (22891 Hagerty Road) (By-law No. 125-18)
a) Defined Area: C1-2 as shown on Schedule 'A' to this By-law.
b) Permitted Uses: In addition to the permitted uses listed in
Subsection 7.1, the following uses are permitted:
i)
Dwelling, Duplex
7.11.3
C1-3 (22893 Hagerty Road)
a) DEFINED AREA (By-law No. 127/18)
C1-3 as shown on Schedule "A" to the By-law
b) PERMITTED USES
In addition to the permitted uses listed in Subsection 7.1, the
following users are permitted:
i)
Dwelling, Duplex
7.11.2
a) DEFINED AREA
C1-2 as shown on Schedule "A" of the By-law (22845 Hagerty Road)
b) PERMITTED USES
Bus Depot
Offices, General or Professional
Public Garage
c)
OUTSIDE STORAGE
Outside storage shall be prohibited in any front yard or exterior side yard, and
must be visually screened to the satisfaction of the Village.
June 2024 consolidated version
8-7
VILLIAGE OF NEWBURY ZONING BY-LAW
June 2024 consolidated version
8-8
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 8: HIGHWAY COMMERCIAL (C2) ZONE REGULATIONS
8.1
PERMITTED USES
No land, building or structure shall be used or erected in the Highway Commercial
(C2) Zone except for the following purposes:
bus depot
business/profession office*
drive-in restaurant
farm equipment sales and service
farm fuel agent
farm supplies
financial institution*
fuel station*
funeral home*
garden supply centre
green house*
motel*
motor vehicle service establishment
motor vehicle sales establishment
personal service shop (barber/hairdresser)*
public garage
restaurant/tavern*
retail store*
service shop
veterinary services
(*By-law No. 134-06)
8.2
MINIMUM LOT AREA
2000.0 m²
8.3
MINIMUM LOT FRONTAGE
30.0 m
8.4
MAXIMUM LOT COVERAGE
30 percent
8.5
MAXIMUM BUILDING HEIGHT
10.5 m
8.6
FRONT YARD DEPTH
7.5 m
8.7
SIDE YARD WIDTH
Where the highway commercial zone
Abuts a residential zone
6.0 m
Where the yard abuts a public street
June 2024 consolidated version
8-9
VILLIAGE OF NEWBURY ZONING BY-LAW
On a corner lot
6.0 m
All other cases
3.0 m
8.8
REAR YARD DEPTH
7.5 m
8.9
MOTOR VEHICLE SERVICE ESTABLISHMENT
Notwithstanding any previous provisions of the By-Law, where a lot in a
commercial zone is used for a motor vehicle service establishment, the regulations
of section 7.9 shall apply.
8.10 EXCEPTIONS
8.10.1
a) DEFINED AREA
C2-1 as shown on Schedule "A" of the By-law (1788 and 1792
Concession Drive)
b) PERMITTED USES
Drive-in restaurant, business/procession office
Farm Equipment Sales
Farm Supplies
Financial Institution
Funeral Home
Four-Plex Dwelling
Garden Supply Centre
Green House
Home occupation
Motel
Motor Vehicle Sales Establishment
Personal Service Shop
Private Garage
Restaurant/Tavern
Retail Store
Semi-Detached Dwelling
Street Townhouse Dwelling
Townhouse Dwelling
Veterinary Services
c) MINIMUM LOT AREA
145.0 m2 per unit for
residential uses
June 2024 consolidated version
8-10
VILLIAGE OF NEWBURY ZONING BY-LAW
d) MINIMUM LOT FRONTAGE
8.0 m per unit for
residential uses
e) MAXIMUM LOT COVERAGE
45% for residential
uses
f) MAXIMUM BUILDING HEIGHT
10.5 m for residential
uses
g) MINIMUM FLOOR AREA
90.0 m2 per unit for
residential uses
h) FRONT YARD DEPTH
7.5 m for residential
uses
i) SIDE YARD WIDTH
3.0 m for residential
uses; 0.0 m along the lot
line of the common wall
dividing residential units
j) REAR YARD DEPTH
9.0 m for residential
uses
k) RESIDENTIALPARKING REGULATIONS
1.5 parking space
per dwelling unit
l) STORAGE OF TRAILERS OR BOATS
The owner or occupant of any residential unit shall not store any boat,
travel trailer, truck camper or other similar vehicle in front yard.
JANUARY 1, 2017 consolidated version
9-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 9: GENERAL INDUSTRIAL (M1) ZONE REGULATIONS
9.1
PERMITTED USES
No land, building or structure shall be used or erected in the General Industrial
(M1) Zone except for the following purposes:
building materials yard
bulk sales establishment
contractor's yard
farm equipment sales and service
general industrial use
public garage
a commercial use as an accessory use
a dwelling unit as an accessory use
9.2
MINIMUM LOT AREA
2000.0 m²
9.3
MINIMUM LOT FRONTAGE
nil
9.4
MAXIMUM LOT COVERAGE
50 percent
9.5
MAXIMUM BUILDING HEIGHT
nil
9.6
FRONT YARD DEPTH
Where the industrial zone fronts on a
street opposite a residential zone,
Institutional zone or open space zone,
or directly abuts said zones
30.5 m
all other cases
10.5 m
9.7
SIDE YARD WIDTH
Where the industrial zone directly abuts
A residential zone, institutional zone
or open space zone
30.5 m
all other cases
6.0 m
JANUARY 1, 2017 consolidated version
9-2
VILLIAGE OF NEWBURY ZONING BY-LAW
9.8
REAR YARD DEPTH
Where the industrial zone directly abuts
A residential zone, institutional zone
or open space zone
30.5 m
all other cases
6.0 m
9.9
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-Law, where an industrial zone
abuts a railway right-of-way, no yard shall be required.
9.10 EXCEPTIONS
9.10.1
a) DEFINED AREA (By-law No. 130-01)
M1-1 as shown on Schedule "A" to this By-law.
b) PERMITTED USES
sewage treatment plant
9.10.2
a)
DEFINED AREA (By-law No. 113-17)
M1-2 as shown on Schedule "A" to this By-law.
b)
PERMITTED USES
contractor's yard
single-detached dwelling
JANUARY 1, 2017 consolidated version
10-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 10: RESTRICTED INDUSTRIAL (M2) ZONE REGULATIONS
10.1 PERMITTED USES
No land, building, or structure shall be used or erected in the Restricted Industrial
(M2) Zone except for the following purposes:
light industrial use
parking lot
a commercial use as an accessory use
a dwelling unit as an accessory use
10.2 MINIMUM LOT AREA
2000.0 m²
10.3 MINIMUM LOT FRONTAGE
nil
10.4 MAXIMUM LOT COVERAGE
50 percent
10.5 MAXIMUM BUILDING HEIGHT
10.5 m
10.6 FRONT YARD DEPTH
Where the industrial zone fronts on a
Street opposite a residential zone,
Institutional zone, or directly abuts said zones 30.5 m
All other cases
10.5 m
10.7 SIDE YARD WIDTH
Where the industrial zone directly abuts
A residential zone, institutional zone
or open space zone
7.5 m
all other cases
4.5 m
10.8 REAR YARD DEPTH
Where the industrial zone directly abuts
A residential zone, institutional zone
or open space zone
15.0 m
all other cases
7.5 m
JANUARY 1, 2017 consolidated version
10-2
VILLIAGE OF NEWBURY ZONING BY-LAW
10.9 YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-Law, where an industrial zone
abuts a railway right-of-way, no yard shall be required.
10.10 ENCLOSED OPERATIONS
Within the Restricted Industrial (M2) zone, all permitted uses and operations shall
be conducted within an enclosed building.
JUNE 25, 2024 consolidated version
11-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 11: INSTITUTIONAL (I) ZONE REGULATIONS
11.1 PERMITTED USES
No land, buildings, or structures shall be used or erected in the Institutional (I) zone
except for the following purposes:
church with or without a cemetery
community centre
clinic
day nursery
funeral home
government offices or buildings
nursing home or rest home
senior citizen home
school, public or private
welfare institutions
a dwelling unit as an accessory use
11.2 MINIMUM LOT AREA
Where a piped communal or municipal
water supply and municipal sanitary
sewage services are not available.
1400.0 m²
Where a piped communal or municipal
water supply is available and municipal
sanitary sewage services are not available
930.0 m²
11.3 MINIMUM LOT FRONTAGE
Where a piped communal or municipal
water supply and municipal sanitary
sewage services are not available.
30.0 m
Where a piped communal or municipal
water supply is available and municipal
sanitary sewage services are not available
25.0 m
11.4 MAXIMUM LOT COVERAGE
40 percent
11.5 MAXIMUM BUILDING HEIGHT
12.0 m
11.6 FRONT YARD DEPTH
7.5 m
JUNE 25, 2024 consolidated version
11-2
VILLIAGE OF NEWBURY ZONING BY-LAW
11.7 SIDE YARD WIDTH
Where the yard abuts a public street
on a corner lot
6.0 m
all other cases
3.0 m
11.8 REAR YARD DEPTH
Where an institutional use contains
residential accommodation or where
the yard abuts a residential zone
or an open space zone
10.5 m
Where the yard abuts a commercial zone
6.0 m
11.9 BUFFER STRIPS
Where the Institutional (I) Zone abuts a residential zone, a buffer strip as provided
in Section 4.27 shall be provided and the minimum width of the buffer strip shall
not be less than one and one-half (1.5) metres.
11.10 EXCEPTIONS
11.10.1 a) DEFINED AREA (By-law No. 881-94)
I-1 as shown on Schedule "A" to this By-law
b) PERMITTED USES
accessory use
church
11.10.2 a) DEFINED AREA (By-law No. 113-97)
I-2 as shown on Schedule "A" to this By-law.
b) PERMITTED USES
institutional use in addition to all other permitted uses of the I zone
JANUARY 1, 2017 consolidated version
12-1
VILLIAGE OF NEWBURY ZONING BY-LAW
SECTION 12: OPEN SPACE (OS) ZONE REGULATIONS
12.1 PERMITTED USES
No land, building, or structure shall be used or erected in the Open Space (OS)
Zone except for the following purposes:
cemetery
forestry use
golf course
fairgrounds
public park
private park
12.2 ACCESSORY USES
Notwithstanding any other provisions of this By-Law, the following regulations shall
apply to the establishment of an accessory use in the Open Space (OS) Zone:
12.2.1
MINIMUM SETBACK
7.5 m
12.2.2
MAXIMUM LOT COVERAGE
20 percent
______________________________________________________________________
READ A FIRST AND SECOND TIME
THIS 6TH DAY OF NOVEMBER, 1978
"ORIGINAL SIGNED"
"ORIGINAL SIGNED"
___________________________
___________________________
REEVE
CLERK
READ A THIRD AND FINAL TIME
THIS 6TH DAY OF NOVEMBER, 1978
"ORIGINAL SIGNED"
"ORIGINAL SIGNED"
___________________________
___________________________
REEVE
CLERK
A
D
A
D
R1
C1
I-2
A-2
I
A-1
R1
OS
M1
I
M1-1
C2
C1-2
C2
R1
OS
A-1
R1
D
I-1
R1
R1
R1-3
R1-#
R1
R1-1
R1-4
C1-1
R1
D
A
M1-2
C1-2
C1-3
R1(T-1)
C2-1
R1-6
CANADIAN NATIONAL RAILWAY
HAGERTY RD
COLTSFOOT DR
CONCESSION DR
YORK ST
PINE RD
BROADWAY ST
TUCKER ST
DUNDAS ST
JAMES ST
DURHAM ST
HENRY ST
O'MARA ST
EMMOT ST
WELLINGTON ST
ELGIN ST
QUEEN ST
GRATTON ST
WASHINGTON ST
THOMPSON ST
RAILWAY ST
SCHEDULE "A" TO BY-LAW NO. 692, AS AMENDED
A
R1
C1
C2
M1
M2
I
OS
D
Agricultural Zone
Residential First Density Zone
General Commercial Zone
Highway Commercial Zone
General Industrial Zone
Restricted Industrial Zone
Institutional Zone
Open Space Zone
Development Zone
±
0
150
300
75
m
Note: This schedule forms part of Village of Newbury
Zoning By-law No. 692, as amended and must be read in
conjunction with the written text