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Snapshot 23daf706cd03 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
# Zoning By-Laws
# Zoning By-Laws
## Zoning By-laws
Zoning by-laws control the use of land in a community. It describes how the land can be used, where buildings and structures can be located, the types of buildings that are permitted and how they can be used as well as the lot sizes and dimensions, parking requirements, building heights and setbacks from property lines, etc.
Zoning by-laws put the general policies of an Official Plan into effect and provide for its day-to-day administration. It contains specific requirements that are legally enforceable. If the proposed construction or development does not comply with a zoning by-law, then the municipality has the authority to refuse the issuance of a building permit.
A zoning by-law amendment is an application for a change of use on a property that does not meet the current zoning standards. Council can consider a change only if the new use is allowed by the Official Plan. There are certain processing provisions of the Planning Act regarding the circulation of the application and public meetings which must be met before Council considers the application.
## Comprehensive Zoning By-law 4316-09, as amended (for lands located inside an urban boundary only)
The Comprehensive Zoning By-law (CZBL) 4316-09, as amended, was passed by Council and the areas that are in effect under this by-law include the Urban Boundary areas of Virgil, Old Town, Queenston, St. Davids, and Glendale. Section 12 is still under appeal to the Ontario Municipal Board and as such falls under the control of the Town's Zoning By-law 500A-74, as amended. If you have any questions, please contact the department for further information.
An Office Consolidation for Comprehensive Zoning By-law No. 4316-09, as amended, has been prepared as a convenience reference only and includes all amendments up to By-law 4316BZ-16. Any amendments that were approved after this have been added below until the next office consolidation is completed.
* + Up to and including Section 4
+ Section 5 - Definitions
+ Section 6 - Provisions
+ Section 7 - Old Town Community Zoning District
Schedule A-1 (Old Town Community Zoning District)
Schedule A-2 (Old Town Community Zoning District)
Schedule A-3 (Old Town Community Zoning District)
+ Section 8 - Queenston Community Zoning District
Schedule A-25 (Queenston Community Zoning District)
+ Section 9 - St Davids Community Zoning District
Schedule A-23 (St. Davids Community Zoning District)
+ Section 10 - Virgil Community Zoning District
Schedule A-9 (Virgil Community Zoning District)
Schedule A-14 (Virgil Community Zoning District)
+ Section 11 - Glendale Community Zoning District
+ Section 11 - Glendale Community Zoning District - Tables 11-1 and Table 11-2
Schedule A-21 (Glendale Community Zoning District)
+ Section 12 - Agricultural Community Zoning District is not yet approved. See By-law 500A-74, as amended.
* ##### Approved Amendments to CZBL 4316-09 as of 2016:
+ Section 12.7.48: From 4316A-09, this section is approved and not subject to appeals. OMB decision PL090912 (2016 Niagara Stone Road - Ina Grafton Gage)
+ 4316B-09: Airport Zone
+ 4316C-09: Niagara Parks Commission Lands
+ 4316D-09: 1350 Niagara Stone Road
+ 4316E-09: Town Dock and Parkette
+ 4316F-10: Country Inns
+ 4316BZ-16: General and Technical Amendments
+ 4316CA-16: 1585 Concession 6 Road
+ 4316CA(1)-19: 1585 Concession 6 Road
+ 4316CB-16: 526 Regent Street
+ 4316CB(1)-19: 526 Regent Street
+ 4316CC-17: York/Counsell/Glendale
+ 4316CE-17: 1512 Four Mile Creek Road
+ 4316CF-17: Four Mile Creek Road
+ 4316CF(1)-18: Four Mile Creek Road
+ 4316CG-17: 117 Regent Street
+ 4316CH-17: 1757 Four Mile Creek Road
+ 4316CI-17: 300 Taylor Road
+ 4316CJ-17: 489-495 Victoria Street
+ 4316CK-17: SE Corner John Street W and Victoria
+ 4316CM-17: 1376 York Road
+ 4316CN-17: 105 Delater Street
+ 4316CO-17: 534-538 Butler
+ 4316CP-17: 1397 York Road & 242&246 Four Mile Creek Road
+ 4316CQ-17: WS Four Mile Creek Road
+ 4316CQ(1)-18: WS Four Mile Creek Road
+ 4316CR-17: 421 Johnson Street
+ 4316CS-17: 115-119 Johnson Street
+ 4316CT-17: 1436 Niagara Stone Road
+ 4316CU-17: 723 King Street
+ 4316CV-17: 432 Dorchester Street
+ 5029-18: Interim Control re: Institutional Uses
+ 5105-18: Interim Control re: Development Old Town
+ 5105A-19: Interim Control re: Development Old Town
+ 5246-20: Repealed 5105A-19 & 5105-18
+ 4316CW-18: General Technical Amendments
+ 4316CX-18: 402 Johnson Street
+ 4316CY-18: 1909 Lakeshore Road
+ 4316CZ-18: 454 Johnson Street
+ 4316DA-18: Westwood Court
+ 4316DB-18: ES Queenston Street
+ 4316DC-18: 13 Plantation Drive
+ 4316DD-18: 427 Butler Street
+ 4316DE-18: 1360-1366 York Road
+ 4316DF-18: 111 Garrison Village Drive
+ 4316DG-18: 493-507 Line 2 Road
+ 4316DH-18: 118-122-126 Queen Street & 129 Johnson Street
+ 4316DI-18: 412 Four Mile Creek Road @ Line 9 Road
+ 4316DJ-18: 1849 Four Mile Creek Road
+ 4316DK-18: 360 Simcoe Street
+ 4316DL-19: 108-114 Tanbark Road
+ 4316DM-19: NS William Street
+ 4316DN-19: 6 Circle Street
+ ~~4316DO-19: 1490 York Road~~
+ ~~4316DP-19~~: ~~373 Victoria Street~~
+ 4316DQ-19: 358 Four Mile Creek Road
+ 4316DQ(1)-20: 358 Four Mile Creek Road
+ 4316DR-19: 445 Line 2 Road
+ 4316DS-20: 14555 Niagara River Parkway
+ 4316DT-20: 61 & 85 Melville
+ 4316DU-20: Concession 6 Road
+ 4316DV-20: Cannabis By-law
+ 4316DW-20: 425 Dorchester Street
+ 4316DX-21: 513 Gate Street
+ 4316DY-21: 100 John Street
+ 4316DZ-21: 409 Mississagua Street
+ 4316EA-21: 681 Warner Road
+ 4316EB-21: 455 Line 2 Road
+ 4316EC-21: Niagara Stone Rd ES
## Zoning By-law 500A-74, as amended (for those areas outside an Urban Boundary)
An office consolidation for Zoning By-law 500A-74, as amended, has been prepared as a convenience reference only. (*For greater accuracy, the original Zoning By-law amendments should be consulted and are referenced in the text. Please notify the office for a copy if required. )*
* + Schedule F - Zone Requirements Table (500A-74, as amended)
+ Sections 1 & 2 (500A-74, as amended)
+ Section 3 (500A-74, as amended)
+ Sections 4-20 (500A-74, as amended)
+ Sections 21A (500A-74, as amended)
+ Sections 21B & 22 (500A-74, as amended)
* The following schedules are from the last office consolidation of 500A-74 as amended done in 1994. They are being provided as a guide at this point but new schedules will be uploaded when they are completed. Please note that only those areas outside an Urban Boundary are in effect for this by-law.
+ Schedule A (top half)
+ Schedule A (bottom half)
+ Schedule B (Old Town)
+ Schedule C (Virgil)
+ Schedule D (St Davids)
+ Schedule E (Queenston)
## Frequently Asked Questions
* If you're buying, selling or mortgaging a property, you may need a letter of Zoning Compliance. This review confirms the zoning of a property, permitted uses, and other applicable regulations that the Department is aware of. A request for a Zoning Compliance Review may be submitted by the applicant, registered owner, or agent. **As of January 1, 2026, the fee will be $650.00**
The information usually requested includes the following:
+ Official Plan designation
+ current zoning and if the proposed property use is compliant
+ pending zoning, if applicable
+ compliance with building setback regulations, if current survey available
+ status of any building permits on file
+ whether there are any active zoning or property standard violations
+ whether the property has any heritage significance
Requests should be sent in writing with an address of the property in question along with a legal description.
* An Official Plan describes the municipality's general policies on how land in our community should be be used. It is prepared with public input and helps to ensure that future planning and development meets the specific needs of the community. It deals mainly with issues such as where new housing , industry, offices and shops will go; what services like roads, watermains, sewers, parks and schools will be needed; and when and in what order parts of the community will grow.
A zoning by-law on the other hand controls the use of land in the community and states exactly how land will be used, where buildings and other structures can be located, the types of buildings that are permitted and how they can be used and the lot sizes, dimensions, parking requirements, building heights and setbacks from property lines.
* A property's zoning determines the uses allowed and the lot and setback requirements for any structures. It is always a good idea to check with the Planning department prior to building any additions or making a change of use to the property. Please note that zoning compliance is checked on the sale or resale of a property, and also when the Town has reason to believe there is a contravention.
* Zoning By-law 500A-74, as amended, defines these as follows: 2.41 Home Occupation: means an occupation, business, enterprise or service conducted entirely within a dwelling unit only by the members residing in such dwelling unit provided that:
+ (a) there shall be no external display or advertising other than a sign not exceeding 0.1859 square metres in area and such sign shall not be externally or internally illuminated by artificial means
+ (b) there shall be no external storage or display of goods or materials
+ (c) retail sales of items, goods or products shall not be permitted from the premises
+ (d) such 'Home Occupation' shall not occupy more than 25% of the total floor area of the dwelling unit and shall not exceed 28 m2 (301.4 ft2)
+ (e) such 'Home Occupation' does not interfere with television or radio reception
+ (f) parking must be provided for the use listed under Section 3.19 of the By-law
+ (g) no food preparation or food service shall be permitted as a 'Home Occupation'
+ (h) the 'Home Occupation' shall not involve the use of the premises as a base of operations for persons who are employed by or associated with the 'Home Occupation', nor shall the premises be used to assemble or rally such persons for transportation to a work site
+ (i) the 'Home Occupation' shall not involve the use or employment of a person who does not reside in the dwelling unit. (By-law 5OOGD-91)
2.40 Home Industry: means a gainful occupation including an animal hospital, woodworking shop, window frame shop, welding shop, machine shop or blacksmith operation conducted in whole or in part in an accessory building to a one-family dwelling house by the residents of the dwelling unit provided that
+ (a) there is no external advertising other than a sign erected in accordance with any by-laws of the Corporation regulating signs;
+ (b) there is no external storage of goods or materials;
+ (c) such home industry is not an obnoxious trade, business or manufacture;
+ (d) such home industry is clearly secondary to the main residential use and does not change the residential character of the dwelling unit;
+ (e) such home industry does not interfere with radio or television reception; and
+ (f) submission of a site plan as defined in Section 2.73 (By-law 500M-76)
+ (g) parking is provided in the rear yard only. (By-law 500M-76)
It should be noted that a home occupation is only permitted in an R1, R2, R3, RS, RR & PDH zone. A home industry is only permitted in an RA zone which has 10 acres or more and in an RR zone which has five acres or more.
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