Township of Norwich Zoning By-law No. 07-2003-Z, Section 5: General Provisions

Norwich, Ontario · No. 07-2003-Z · summary & facts

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SECTION 5.0 GENERAL PROVISIONS Page 5-1 Township of Norwich Zoning By-Law Number 07-2003-Z SUBSECTION PAGE 5.1 ACCESSORY USES, BUILDINGS AND STRUCTURES 5-2 5.2 CARGO CONTAINERS 5-3 5.3 CONSTRUCTION USES PERMITTED 5-3 5.4 CONTROL OF ANIMALS, BIRDS AND REPTILES 5-4 5.5 CONSOLIDATED LOTS AND PHASED CONDOMINIUMS 5-4 5.6 CONVERTED DWELLINGS AND ADDITIONAL RESIDENTIAL UNITS 5-5 5.7 DWELLING UNITS BELOW GRADE 5-9 5.8 ESTABLISHED BUILDING LINE 5-9 5.9 EXISTING VACANT LOTS HAVING LESS AREA, LOT DEPTH, 5-10 AND/OR FRONTAGE 5.10 CONSERVATION AUTHORITY REGULATION LIMIT 5-10 5.11 GARDEN SUITES 5-11 5.12 GREATER RESTRICTIONS 5-11 5.13 GROUNDWATER RECHARGE AREAS 5-11 5.14 GROUP HOMES 5-12 5.15 HEIGHT RESTRICTION - LANDS IN VICINITY OF 5-12 TILLSONBURG REGIONAL AIRPORT 5.16 HOME OCCUPATION 5-13 5.17 LOADING PROVISIONS 5-15 5.18 MUNICIPAL SERVICES AND MUNICIPAL DRAINS 5-16 5.19 NON-CONFORMING AND/OR NON-COMPLYING USES 5-16 SITES AND BUILDINGS 5.20 ON-FARM DIVERSIFIED USES 5-19 5.21 PARKING PROVISIONS 5-20 5.22 PLANTING STRIPS 5-27 5.23 PUBLIC USES 5-28 5.24 SIGHT TRIANGLES 5-29 5.25 SIGNIFICANT ENVIRONMENTAL FEATURES 5-30 5.26 SITE PLAN CONTROL 5-33 5.27 SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION 5-33 5.28 SLOPE AND EROSION HAZARD AREA RESTRICTIONS 5-33 5.29 STREET FRONTAGE REQUIRED 5-34 5.30 STORAGE OR PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES 5-34 5.31 THROUGH LOTS 5-34 5.32 YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS 5-34 5.33 WAYSIDE SAND AND GRAVEL PITS 5-36 5.34 SOURCEWATER PROTECTION AREAS 5-36 (Amended by By-Law 7-2014-Z) (Amended by By-Law 12-2024-Z) (Amended by By-Law 21-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-2 Township of Norwich Zoning By-Law Number 07-2003-Z 5.1 ACCESSORY USES, BUILDINGS AND STRUCTURES 5.1.1 ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED Where this Zoning By-Law provides that a lot may be used or a building or structure may be erected or used for a particular purpose, that purpose shall include any accessory building or structure or accessory use provided that: 5.1.1.1 it is not to be used for any occupation for gain or profit, except as permitted in this Zoning By-Law. 5.1.1.2 it is not to be used for human habitation except as permitted in this Zoning By-Law; and 5.1.1.3 it complies with the provisions set out in Table 5.1.1.3 below, except where it is specifically regulated in the by-law: TABLE 5.1.1.3 - ACCESSORY USE PROVISIONS Provision RE and RR Zones R1, R2, R3 Zones All Other Zones Permitted Location Any yard other than a front yard or exterior side yard In accordance with the yard and setback provisions of the zone in which such building or structure is located. Minimum Distance from Main Buildings 1.0 m (3.3 ft) 1.0 m (3.3 ft) Maximum Height 5.5 m (18.0 ft) 4.5 m (14.8 ft) 4.5 m (14.8 ft) Side Yard Setback 1.5 m (4.9 ft) 1.2 m (3.9 ft) 1.5 m (4.9 ft) Rear Yard Setback 1.5 m (4.9 ft) 1.2 m (3.9 ft) 1.5 m (4.9 ft) Lot Coverage 10% of lot area, or 170 m2 (1830 ft2) of gross floor area, whichever is the lesser 10% of lot area, or 100 m2 (1076.4 ft2) of gross floor area, whichever is the lesser 10% of lot area, or 100 m2 (1076.4 ft2) of gross floor area, whichever is the lesser Tile Bed Setback 5.0 m (16.4 ft) 5.0 m (16.4 ft) Septic Tank Setback 1.5 m (4.9 ft) 1.5 m (4.9 ft) (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-3 Township of Norwich Zoning By-Law Number 07-2003-Z 5.1.1.3.1 Notwithstanding any provision of Table 5.1.1.3 to the contrary, the following provisions shall also apply. a) on a residentially zoned lot, one accessory building, not exceeding 15 m2 (161.5 ft2) in gross floor area may be excluded from the calculation of total lot coverage; (Added by By-Law 06-2009-Z) (Amended by By-Law 21-2024-Z) 5.1.1.4 Buildings or structures that are accessory to uses other than a dwelling will be subject to the maximum height provisions as specified in the zone in which they are located. (Added by By-Law 07-2014-Z) 5.1.2 EXCEPTIONS The following accessory uses are not subject to the provisions of Table 5.1.1.3: awnings, clothes poles, flag poles, garden trellises, property boundary fences, retaining walls, or similar accessory uses; 5.1.3 SWIMMING POOLS The area of an unenclosed swimming pool shall not be calculated in determining total lot coverage. (Amended by By-Law 06-2009-Z) 5.2 CARGO CONTAINERS 5.2.1 Where a cargo container is used for the purpose of storage accessory to a principal use, the following provisions shall apply: a) a cargo container may only be permitted in an Agricultural, Agri- Business or Industrial Zone; b) a cargo container may only be located in the rear yard and must comply with the rear yard depth provisions of the zone in which the said cargo container is located; c) other than the rear yard depth requirement as set out in subsection above, the placement of a cargo container shall comply with Table 5.1.1.3- Accessory Use Provisions. (Added by By-Law 7-2014-Z) (Amended by By-Law 21-2024-Z) 5.3 CONSTRUCTION USES PERMITTED 5.3.1 Any part of a lot may be used for temporary buildings or structures such as a tool shed, construction trailer, development sales office, scaffold, or sign (but not a development marketing sales sign, unless otherwise permitted by a Sign Control By-Law) that is associated with construction work occurring on such lot provided that: SECTION 5.0 GENERAL PROVISIONS Page 5-4 Township of Norwich Zoning By-Law Number 07-2003-Z 5.3.1.1 the building or structure is only located on the lot for the duration of the construction work or as long as a valid building permit for such construction is in effect or for a period of (1) year, whichever is the lesser; 5.3.1.2 the building or structure is located outside of any sight triangle; 5.3.1.3 the building or structure is not used for human habitation; and, 5.3.1.4 the building or structure is outside of the Environmental Protection 1 (EP1) or Environmental Protection 2 (EP2) area. 5.4 CONTROL OF ANIMALS, BIRDS AND REPTILES Where an Animal Control By-law has been passed by the Township, the prohibition or regulation of the keeping of animals, birds or reptiles within any Zone shall be controlled by such By-law. Notwithstanding the above, on lands with a Residential Existing Lot (RE) zone any lot containing a dwelling unit may be used for the keeping of two livestock units, consisting of either horses and/or beef animals, provided that: all manure shall be contained in an enclosed building and manure shall be removed from the property at regular intervals to a suitable location in an Agricultural Zone; the building or structure in which the livestock unit(s) is (are) kept or in which the manure is enclosed shall be set back from the interior side and rear lot lines a minimum distance equal to the height of the building; and, the Minimum Distance Separation II (MDS II) requirements shall not apply. (Amended by By-Law 7-2014-Z) 5.5 CONSOLIDATED LOTS AND PHASED CONDOMINIUMS 5.5.1 Lot Consolidation Where two or more abutting lots held under one identical ownership are consolidated for the purpose of development, the internal lot lines of the original lots will not be considered to be lot lines for the purpose of any zoning regulations provided that the principal building or buildings are constructed in a manner whereby said building or buildings are placed across the internal lot line or lines, as the case may be, and that all such regulations as they apply to the whole of the consolidated 'lot' are observed. 5.5.2 Phased Registration of Condominiums Internal lot lines created by phased registration of a plan of condominium shall not be construed to be lot lines for the purpose of zoning regulations provided that all such regulations as they apply to the whole of the lot existing prior to any condominium plan registration are observed. (Added by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-5 Township of Norwich Zoning By-Law Number 07-2003-Z 5.6 CONVERTED DWELLINGS AND ADDITIONAL RESIDENTIAL UNITS 5.6.1 CONVERTED DWELLINGS 5.6.1.1 WHERE PERMITTED Where listed as a permitted use in the Zone, a converted dwelling containing up to four dwelling units is permitted subject to compliance with the provisions of this Section and all other provisions of the Zone in which the lot is located. 5.6.1.2 WHERE NOT PERMITTED Converted dwellings shall not be permitted: i) on any lot containing an additional residential unit or a garden suite; ii) on any lot located in within a settlement defined in Section 2.7.2.1, unless adequate municipal water system and/or municipal sewage system capacity to service the converted dwelling has been determined and/or confirmed by the County; or, iii) on any lot containing natural hazards, unless clearance or approval from the Conservation Authority having jurisdiction has been obtained, or on any lot that does not meet Provincial access standards during a regulatory flood event. 5.6.1.3 ALTERATIONS TO DWELLING Alterations to an existing single detached dwelling shall meet the following requirements: i) entrances on the front of the building shall be limited to one, which may be shared by dwelling units via an internal vestibule or corridor; ii) additional exterior entrance(s) shall only be located in the rear yard or interior side yard; iii) there shall be no exterior stairways or balconies except one open fire escape which shall be located only in the rear yard or interior side yard; and, iv) the lot has a minimum of 100 m2 (1076 ft2) of landscaped open space located in the rear yard that is accessible to all dwelling units and/or exclusive access is apportioned to each dwelling unit. 5.6.2 ADDITIONAL RESIDENTIAL UNITS 5.6.2.1 WHERE PERMITTED Where listed as a permitted use in the Zone, additional residential units are permitted subject to the provisions of this Section and compliance with all other provisions of the Zone in which the lot is located. Additional residential units located outside of a settlement defined in Section 2.7.2.1 shall be required to satisfy the minimum distance separation requirements, as determined through the application of the Minimum Distance Separation Formula I (MDS I) or not further reduce an existing insufficient MDS I setback. SECTION 5.0 GENERAL PROVISIONS Page 5-6 Township of Norwich Zoning By-Law Number 07-2003-Z 5.6.2.2 WHERE NOT PERMITTED Additional residential units shall not be permitted: i) on any lot containing a boarding or lodging house, a group home, a garden suite, a converted dwelling, a duplex dwelling, a mobile home, or a bed and breakfast establishment; ii) on any lot located in within a settlement defined in Section 2.7.2.1, unless adequate municipal water system and/or municipal sewage system capacity to service the additional residential unit(s) has been confirmed by the County; iii) on any lot containing natural hazards, unless clearance or approval from the Conservation Authority having jurisdiction has been obtained, or on any lot that does not meet Provincial access standards during a regulatory flood event; v) on any lot serviced by a private communal water system and/or private communal sewage system; and, vi) notwithstanding the provisions of Section 5.9 and 5.19, on any lot that does not meet the Zoning By-law provisions for the Zone in which the lot is located. 5.6.2.3 PROVISIONS FOR ALL ADDITIONAL RESIDENTIAL UNITS All additional residential units shall comply with the provisions of Table 5.6.2.3. TABLE 5.6.2.3 - PROVISIONS FOR ALL ADDITIONAL RESIDENTIAL UNITS Provision R1, R2, R3, and CC Zones, in the Village of Norwich R1, R2, V, RE and RR Zones, in a settlement area (as defined in Section 2.7.2.1) and not served by a municipal sewage system RE and RR Zones outside of a settlement area (as defined in Section 2.7.2.1) A1 and A2 Zones outside of a settlement area (as defined in Section 2.7.2.1) Number of Additional Residential Units per lot, Maximum 1 1 2 2 Cumulative Gross Floor Area for all Additional Residential Units, Maximum 50% of the gross floor area of the principal dwelling, or 100 m2 (1076 ft2) of gross floor area, whichever is the lesser 50% of the gross floor area of the principal dwelling, or 140 m2 (1507 ft2) of gross floor area, whichever is the lesser Gross Floor Area for an Additional Residential Unit in a Basement or Cellar Notwithstanding the maximum gross floor area provision, the entire basement or cellar of the principal dwelling may be used for the purposes of an additional residential unit, provided there are no other additional residential units or garden suites on the lot SECTION 5.0 GENERAL PROVISIONS Page 5-7 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.6.2.3 - PROVISIONS FOR ALL ADDITIONAL RESIDENTIAL UNITS Provision R1, R2, R3, and CC Zones, in the Village of Norwich R1, R2, V, RE and RR Zones, in a settlement area (as defined in Section 2.7.2.1) and not served by a municipal sewage system RE and RR Zones outside of a settlement area (as defined in Section 2.7.2.1) A1 and A2 Zones outside of a settlement area (as defined in Section 2.7.2.1) Location of Entrances All dwelling units shall be accessed through a common entrance from an internal corridor or vestibule, except that separate entrance(s) may be located in the rear yard or interior side yard. No Provision Location of Exterior Stairways There shall be no exterior stairways except a required emergency exit which shall be located only in the rear yard or interior side yard. No Provision Unobstructed Pathway to Entrance of Unit(s), Minimum 1.2 m (3.9 ft) wide unobstructed pathway from the front lot line to the entrance. Unobstructed means no obstruction or encroachments to a height of up to 2.3 m (7.5 ft). No Provision Parking Spaces, Minimum 1 space per additional residential unit is required. Such spaces may be tandem parking spaces, provided no tandem parking space for an additional residential unit is located within a private garage. Landscaped Open Space in Rear Yard, Minimum 75 m2 (807 ft2) for 1 additional residential unit and 100 m2 (1076 ft2) for 2 additional residential units and such landscaped open space shall be accessible to all dwelling units or exclusive access is apportioned to each dwelling unit. No Provision (Added by By-Law 12-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-8 Township of Norwich Zoning By-Law Number 07-2003-Z 5.6.2.4 PROVISIONS FOR DETACHED ADDITIONAL RESIDENTIAL UNITS An additional residential unit in a detached accessory building shall comply with the provisions of Table 5.6.2.3 and Table 5.6.2.4, where a conflict exists, the provisions of Table 5.6.2.4 will prevail. TABLE 5.6.2.4 - PROVISIONS FOR DETACHED ADDITIONAL RESIDENTIAL UNITS Provision R1, R2, R3, and CC Zones, in the Village of Norwich R1, R2, V, RE and RR Zones, in a settlement area (as defined in Section 2.7.2.1) and not served by a municipal sewage system RR and RE Zones, outside of a settlement area (as defined in Section 2.7.2.1) A1 and A2 Zones, outside of a settlement area (as defined in Section 2.7.2.1) ARU Permitted in detached accessory building Yes Not Permitted (subject to Committee of Adjustment approval) Not Permitted (subject to Committee of Adjustment approval) Not Permitted (subject to Committee of Adjustment approval) Lot Area, Minimum 800 m2 (8,611.1 ft2) 0.6 ha (1.48 ac) 0.6 ha (1.48 ac) 0.6 ha (1.48 ac) Permitted Location Rear yard or interior side yard of principal dwelling Any yard, except a required yard Required Yards and Setbacks and Lot Coverage In accordance with Table 5.1.1.3 Regulations for Accessory Uses and Table 5.6.2.3 Provisions for All Additional Residential Units - Maximum Gross Floor Area for all Additional Residential Units, whichever is the most restrictive Building Height, Maximum 4.5 m (14.8 ft), and shall not exceed the height of the principal dwelling 4.5 m (14.8 ft), and shall not exceed the height of the principal dwelling 5.5 m (18 ft) 5.5 m (18 ft) Distance from the Principal Dwelling, Minimum In accordance with Table 5.1.1.3 Regulations for Accessory Uses Distance from the Principal Dwelling, Maximum No provision No provision 30 m (98.4 ft) 30 m (98.4 ft) Distance from Public Street, Maximum 40 m (147.6 ft) 40 m (147.6 ft) No provision No provision SECTION 5.0 GENERAL PROVISIONS Page 5-9 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.6.2.4 - PROVISIONS FOR DETACHED ADDITIONAL RESIDENTIAL UNITS Provision R1, R2, R3, and CC Zones, in the Village of Norwich R1, R2, V, RE and RR Zones, in a settlement area (as defined in Section 2.7.2.1) and not served by a municipal sewage system RR and RE Zones, outside of a settlement area (as defined in Section 2.7.2.1) A1 and A2 Zones, outside of a settlement area (as defined in Section 2.7.2.1) Privacy Fence, Minimum A solid privacy fence with a minimum height of 1.8 m around the perimeter of the rear yard A solid privacy fence with a minimum height of 1.8 m along a lot line where the detached dwelling unit is located within 7.5 m (24.6 ft) of that lot line No provision No provision Window Openings above Ground Floor Not permitted in a wall facing an interior side yard or rear yard Not permitted in a wall facing an interior side yard or rear yard No provision No provision Decks, Balconies and Rooftop Patios Not permitted Not permitted No provision No provision (Added by By-Law 12-2024-Z) 5.7 DWELLING UNITS BELOW GRADE No dwelling unit shall be created in a cellar or basement, where the building or structure is located within a natural hazard or the lot does not meet Provincial access standards during a regulatory flood event. (Added by By-Law 12-2024-Z) 5.8 ESTABLISHED BUILDING LINE Notwithstanding any provisions of this Zoning By-Law to the contrary, where a single detached, semi-detached or duplex dwelling or an accessory use thereto is to be erected in a built up area and there is an established building line, such dwelling or accessory use may be erected closer to the street line or the centre line of the street, as the case may be, than required by this Zoning By-Law, provided such dwelling or accessory use is not erected closer to the street line or to the centre line of the street, as the case may be, than the established building line on the date of passing of this Zoning By-Law. In no event shall any building or structure be erected closer than 3 m (9.8 ft) to the front lot line. SECTION 5.0 GENERAL PROVISIONS Page 5-10 Township of Norwich Zoning By-Law Number 07-2003-Z 5.9 EXISTING VACANT LOTS HAVING LESS AREA, LOT DEPTH, AND/OR FRONTAGE 5.9.1 Where a lot having a lot area, lot depth, and/or lot frontage of not more than 20% less than that required in this by-law is held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry or Land Titles Office at the date of the passing of this Zoning By-Law, or where such a lot is created as a result of an expropriation, such smaller lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other requirements of this Zoning By-Law are complied with. 5.9.2 EXISTING LOTS IN AN A2 ZONE Notwithstanding any other provisions of this Zoning By-Law to the contrary, in an A2 Zone, where a lot having a lot area of at least 16 ha (39.5 ac) is held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry Office on the date of passing of this Zoning By-Law, or such lot results from a boundary adjustment, such smaller lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other requirements of this Zoning By-Law are complied with. 5.9.3 EXISTING RESIDENTIAL LOTS Notwithstanding any other provisions of this Zoning By-Law to the contrary, where a lot is zoned RE, RR, R1 or R2, and contained within Plan 90, 41M-120, 41M-122,, 41M-134 and 41M-154, or such lot was created by the Oxford County Land Division Committee, Oxford County Council through Part Lot Control or a decision of the Ontario Municipal Board, and where such lot has lesser lot area, lot frontage and/or lot depth than required by this Zoning By-Law, such lot may be used and a building or structure may be erected, altered or used on such lot, provided that all other requirements of this Zoning By-Law are complied with. (Amended by By-Law 7-2014-Z) 5.10 CONSERVATION AUTHORITY REGULATION LIMIT The Conservation Authority Regulation Limit applies to lands where regulations are in effect pursuant to the Conservation Authorities Act. This area is shown as a dotted line on Schedule "A" of this Zoning By-law. 5.10.1 LIMITATION ON PERMITTED USES Notwithstanding any provisions of the underlying zone, no building or structure shall be erected or used on any lands that are subject to regulations in effect pursuant to the Conservation Authorities Act, unless a permit or other permission has been obtained from the Conservation Authority having jurisdiction. And further, no new buildings or structures, with the exception of those designed, used or intended for flood or erosion control purposes, shall be permitted on any lands located within a flood, erosion, unstable soil, and/or other natural hazard area, as identified by the Conservation Authority with jurisdiction. (Amended by By-Law 7-2014-Z) (Deleted and Replaced by By-Law 21-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-11 Township of Norwich Zoning By-Law Number 07-2003-Z 5.11 GARDEN SUITES 5.11.1 ZONING AMENDMENT REQUIRED Prior to placing a garden suite on a lot, an amendment to this Zoning By-Law under Section 39 of the Planning Act, as amended, will be required. The by-law will prescribe the period of time, up to twenty years, authorizing the temporary use of the garden suite. (Amended by By-Law 12-2024-Z) 5.11.2 GARDEN SUITE OCCUPANCY The garden suite shall be occupied by: - the retired parents or grandparents of a lot owner or the lot owner's spouse; or - the retiring lot owner provided that the main dwelling is occupied by the child or grandchild of the retiring lot owner. (Amended by By-Law 7-2014-Z) 5.11.3 LOCATION OF GARDEN SUITE For garden suites located outside of a settlement as defined in Section 2.7.2.1, the dwelling shall be required to satisfy the minimum distance separation requirements, as determined through the application of the Minimum Distance Separation Formula I (MDS I). (Amended by By-Law 7-2014-Z) 5.11.4 ZONE REQUIREMENTS The garden suite shall be prohibited in the front yard of the main dwelling on the lot and shall comply with the zone requirements of the zone in which such garden suite is located. 5.11.5 HEIGHT AND GROSS FLOOR AREA REQUIREMENTS Notwithstanding the requirements of Section 5.9.4, the garden suite shall not exceed one storey in height and shall have a minimum gross floor area of 55 m2 (592 ft2) and a maximum gross floor area of 158 m2 (1,700 ft2). (Amended by By-Law 7-2014-Z) 5.12 GREATER RESTRICTIONS This By-Law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 5.13 GROUNDWATER RECHARGE AREAS (Deleted by By-Law 21-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-12 Township of Norwich Zoning By-Law Number 07-2003-Z 5.14 GROUP HOMES 5.14.1 WHERE PERMITTED Group homes may be permitted in the following Zones, subject to a Zoning By-law amendment: a) Limited Agricultural Zone (A1) and the General Agricultural Zone (A2); and b) Residential Type 1 (R1), Central Commercial (CC) and Institutional (I) Zones, where the lot is served by sanitary sewer and public water supply. (Amended by By-Law 7-2014-Z) 5.14.2 LOCATION OF GROUP HOME Group homes hereafter erected outside of a designated settlement as defined in Section 2.7.2.1, shall meet the minimum distance separation requirements as determined through the application of the Minimum Distance Separation Formula I (MDS I), in accordance with Section 2.7 of this Zoning By-Law. 5.14.3 ZONE REQUIREMENTS A group home shall comply with the zone provisions for dwellings permitted in the zone in which such use is located. 5.15 HEIGHT RESTRICTION - LANDS IN VICINITY OF TILLSONBURG REGIONAL AIRPORT 5.15.1 HEIGHT RESTRICTIONS - AREA OF HORIZONTAL SURFACE 5.15.1.1 Notwithstanding any other height provisions of this Zoning By-Law to the contrary, no building or structure, including a church spire, a belfry, a hydro tower, a flag pole, a communications structure, a feedmill tower, a grain elevator, a silo, a chimney or any other building or structure shall exceed a height of 315.0 m (1,033.5 ft) Above Mean Sea Level within those lands defined on Schedule "D" of this by-law. 5.15.1.2 For the purpose of this Zoning By-Law, the horizontal surface for the airport is defined as an area 4,000 m (13,123.4 ft) in radius from the airport reference point and 45 m (147.6 ft) above the elevation of that point. 5.15.2 HEIGHT RESTRICTIONS - TAKE-OFF/APPROACH AND TRANSITIONAL SURFACES Notwithstanding the provisions of subsection 5.15.1 hereof and any other height provisions of this Zoning By-Law to the contrary, no building or structure, including a church spire, a belfry, a hydro tower, a flag pole, communications structure, a feedmill tower, a grain elevator, a silo, a chimney or any other building or structure shall be erected on the lands referred to in Column 1 of Table 5.15.2 and designated on Schedule "D" of this by-law, which exceeds the maximum permitted height set out opposite thereto in Column 2. (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-13 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.15.2 : HEIGHT RESTRICTIONS - LANDS NEAR TILLSONBURG REGIONAL AIRPORT Lands as designated on Schedule "D-2" Maximum Permitted Height A 270 m (885.8 ft) Above Mean Sea Level B 275 m (902.2 ft) Above Mean Sea Level C 280 m (918.6 ft) Above Mean Sea Level D 285 m (935.0 ft) Above Mean Sea Level E 290 m (951.4 ft) Above Mean Sea Level F 295 m (967.8 ft) Above Mean Sea Level G 300 m (984.3 ft) Above Mean Sea Level H 305 m (1,000.7 ft) Above Mean Sea Level I 310 m (1,017.1 ft) Above Mean Sea Level 5.13.3 This subsection does not apply to any building or structure or any extension thereto to which the Aeronautics Act (Canada) applies. 5.16 HOME OCCUPATION 5.16.1 WHERE PERMITTED A home occupation is permitted within a residential dwelling unit and/or an accessory building on the same lot, subject to compliance with the provisions of this Section and all other provisions of the Zone in which the lot is located. A home occupation is not permitted within an additional residential unit, converted dwelling, or garden suite. (Deleted and Replaced by By-Law 12-2024-Z) 5.16.2 FLOOR AREA LIMIT Not more than the cumulative total of 30 m2 (322.9 ft 2) of gross floor area of the residential dwelling unit and/or accessory building shall be used for the purposes of the home occupation use. 5.16.3 STORAGE, DISPLAY AND SIGNAGE There shall be no external storage of goods or materials and no external display or advertising other than one sign with an area of not more than 1 m2 (10.8 ft2). (Amended by By-Law 7-2014-Z) 5.16.4 EMPLOYEES A maximum of one person, other than a person residing on the lot, may be employed by the home occupation. SECTION 5.0 GENERAL PROVISIONS Page 5-14 Township of Norwich Zoning By-Law Number 07-2003-Z 5.16.5 RETAIL SALES, AND SHIPPING AND RECEIVING Retail sale of items shall be prohibited, except for items made in the home occupation or items which are accessory and pertain directly to the home occupation. The home occupation shall not include the shipping or receiving of goods or material by commercial motor vehicles greater than 4,000 kg (8,818.3 lbs) gross vehicle weight. 5.16.6 REPAIR USES Repair of goods shall be prohibited, except for repair of household appliances and electronic equipment. (Amended by By-Law 7-2014-Z) 5.16.7 BED AND BREAKFAST ESTABLISHMENT A bed and breakfast establishment shall be considered a home occupation located in a single detached dwelling. Notwithstanding the gross floor area limit for a home occupation in subsection 5.16.2, a bed and breakfast establishment shall be limited to three guest rooms. In a settlement defined in Section 2.7.2.1, a bed and breakfast establishment is not permitted on a lot containing additional residential unit(s), a converted dwelling, or a garden suite. (Amended by By-Law 7-2014-Z) (Deleted and Replaced by By-Law 12-2024-Z) 5.16.8 HOME DAYCARE A home daycare, located in a single detached dwelling, a semi-detached dwelling, or a duplex dwelling with accommodation for up to and including 5 children, shall be considered a home occupation. The gross floor area limit for a home occupation in subsection 5.16.2, shall not apply to a home daycare. In a settlement defined in Section 2.7.2.1, a home daycare is not permitted on a lot containing additional residential unit(s), a converted dwelling, or a garden suite. (Amended by By-Law 7-2014-Z) (Deleted and Replaced by By-Law 12-2024-Z) 5.16.9 ZONE REQUIREMENTS The home occupation shall comply with all other zone requirements of the zone in which such home occupation is located. (Amended by By-Law 7-2014-Z) 5.16.10 PARKING Notwithstanding the parking requirement as detailed in Table 5.21.2, required off-street parking for a private home day care or business or professional office operated solely by the occupant shall be exempt. (Added by By-Law 21-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-15 Township of Norwich Zoning By-Law Number 07-2003-Z 5.17 LOADING PROVISIONS 5.17.1 LOADING SPACES REQUIRED The owner or occupant of any lot, building or structure in a Commercial, Institutional, Industrial, Village, Agri-Business or Recreational Zone, erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animal goods, wares and merchandise and raw materials shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, loading or unloading facilities in accordance with the rates set out in Table 5.17.1. TABLE 5.17.1 - LOADING SPACE REQUIREMENTS Zone Gross Floor Area m2 (ft 2) Number of Loading Spaces Required Commercial, Institutional, Industrial, Village, Agri- Business or Recreational 350-2,000 m2 (3,767.5-21,528.5 ft2) 2,001-6,500 m2 (21,539.3-69,967.7 ft2) 6,501-12,000 m2 (69,978.5-129,171.2 ft2) greater than 12,000 m2 (129,171.2 ft2) 1 2 3 4 5.17.2 STANDARDS FOR LOADING SPACES All loading spaces must be rectangular and comply with the provisions of Table 5.17.2 below: TABLE 5.17.2 - LOADING SPACE STANDARDS Design Provision Minimum Standard Length 9.0 m (29.5 ft) Width 3.5 m (11.5 ft) Vertical Clearance 4.0 m (13.1 ft) Location 1.5 m (4.9 ft) from interior side lot and rear lot lines and a minimum distance of 10 m (32.9 ft) from the street line Access Driveway Width 6.0 m (19.7 ft) (Amended by By-Law 7-2014-Z) 5.17.3 LOADING SPACE CALCULATION The gross floor area shall be used for the purposes of calculating the requirement to provide loading spaces. 5.17.4 LOADING SPACE SURFACE The driveways, and loading spaces shall be constructed of asphalt, concrete, portland cement binder, recycled asphalt, or a stable surface of material, such as crushed stone or gravel which is maintained or treated so as to prevent the raising of dust or loose particles. SECTION 5.0 GENERAL PROVISIONS Page 5-16 Township of Norwich Zoning By-Law Number 07-2003-Z 5.17.5 ADDITIONS TO BUILDING The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this Zoning By-Law so long as the gross floor area as it existed at such date is not increased. If an addition is made to the building or structure which increases the gross floor area, then additional loading spaces shall be provided as required by subsection 5.17.1 of the By-law for such addition. 5.18 MUNICIPAL SERVICES AND MUNICIPAL DRAINS 5.18.1 MUNICIPAL SERVICES No land shall be used or built upon, and no building or structure shall be altered, erected, used or expanded for any purpose unless the land is serviced by municipal services, including, as applicable, municipal water system, municipal sewage system, drainage systems and improved streets, which meet all applicable County and/or Township standards. Adequacy of municipal water system and municipal sewage system capacity shall be confirmed by the County prior to issuance of a Building Permit. 5.18.2 MUNICIPAL DRAINS No person shall erect, alter or use any building or structures within: i) 30 m (98.4 ft) from the top-of-bank of any open municipal drain; or ii) 5 m (16.4 ft) of an enclosed municipal drain. The Key Maps which are attached as Schedule "A" to this Zoning By-Law identify open watercourses, including municipal drains, and flood and fill areas as defined in Section 5.10. The location of these watercourses and flood and fill areas was based on mapping available through the Ontario Basic Mapping Program, which in turn was based on aerial photography from the 1980's. In some situations, open municipal drains have been changed over to enclosed municipal drains and therefore an open watercourse no longer exists. When such situations occur, it shall not be necessary to amend this Zoning By-Law to reflect the change in classification of the watercourse (that is, from any "open" municipal drain to an "enclosed" municipal drain) and the provisions of the By-law shall be applied as appropriate. It is intended that the Key Maps will be revised to reflect such changes at such time that the Township undertakes either general and/or housekeeping amendments to this Zoning By-Law. (Amended by By-Law 7-2014-Z) (Deleted and Replaced by By-Law 12-2024-Z) 5.19 NON-CONFORMING AND/OR NON-COMPLYING USES, SITES AND BUILDINGS 5.19.1 CONTINUATION OF EXISTING USES The provisions of this by-law shall not prevent the use of any lot, building or structure for any purpose prohibited by this Zoning By-Law if such lot, building or structure was lawfully used for such purpose on the date of passing of this Zoning By-Law, and provided that it continues to be used for that purpose. SECTION 5.0 GENERAL PROVISIONS Page 5-17 Township of Norwich Zoning By-Law Number 07-2003-Z For the purpose of this Zoning By-Law, a barn used for housing livestock shall be deemed to comply with this provision, provided that it continues to be used to house the same type of livestock as it did on the date of passing of the By-law. 5.19.2 NON-COMPLYING BUILDING LOCATION Notwithstanding any provisions of this Zoning By-Law to the contrary, any building or structure, which lawfully existed at the date of passing of this Zoning By-Law, shall be deemed to comply with the relevant provisions of this Zoning By-Law pertaining to setbacks from a street line, yards and lot coverage, provided that no portion of any such building or structure encroaches on any abutting road allowance or lot. Extensions or additions to any such building or structure shall still be subject to the provisions of Section 5.19.6. 5.19.3 BUILDING PERMIT ISSUED The provisions of this by-law shall not apply to prevent the erection or use for a purpose prohibited by this Zoning By-Law of any building or structure, the plans for which have been approved, prior to the date of passing of this Zoning By-Law by the Chief Building Official, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within 6 months after the date of passing of this Zoning By-Law. 5.19.4 STRENGTHENING OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS Nothing in this by-law shall prevent the strengthening to a safe condition any building or structure or part of any non-conforming and/or non-complying building or structure provided that the alteration or repair does not increase the height, size or volume of the building or structure or change the use of the building or structure. For the purposes of this Zoning By-Law, a barn used for housing livestock shall be deemed to comply with this provision, provided that, it continues to be used to house the same type of livestock as it did on the date of passing of this Zoning By-Law. (Amended by By-Law 7-2014-Z) 5.19.5 REPLACEMENT OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS Where a non-conforming and/or non-complying building or structure is damaged or demolished due to an accidental cause or in a poor state of repair as determined by a qualified professional, nothing in this by-law shall prevent the replacement of the non-conforming and/or non-complying building or structure provided that: 5.19.5.1 the building or structure is occupied by the same use or by a permitted use; 5.19.5.2 the building or structure is located on or within the limits of the foundation walls of the building or structure as they existed prior to such destruction or, in the case of a deck, porch or stoop, the replacement of such structure is not greater than what existed prior to such destruction; 5.19.5.3 the height and gross floor area of such replacement does not exceed the height and gross floor area of the building as it existed prior to such destruction; SECTION 5.0 GENERAL PROVISIONS Page 5-18 Township of Norwich Zoning By-Law Number 07-2003-Z 5.19.5.4 the building or structure does not encroach on a municipal road allowance; 5.19.5.5 the building or structure is replaced and reoccupied within one year of such destruction; and 5.19.5.6 the building or structure does not further reduce an existing deficient MDS II setback. 5.19.6 EXTENSIONS TO NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS Nothing in this Zoning By-Law shall prevent an extension or an addition being made to a non- conforming and/or non-complying use, building or structure provided that: 5.19.6.1 that such extension or addition does not contravene any of the zone provisions of this Zoning By-Law. 5.19.7 MODIFICATION OR ADDITIONS TO NON-CONFORMING AND/OR NON-COMPLYING LIVESTOCK FACILITIES Nothing in this by-law shall prevent a modification, extension or addition being made to a non- conforming and/or non-complying building used for the housing of livestock, provided that: 5.19.7.1 such modification, extension or addition does not contravene any of the zone provisions of this Zoning By-Law, in accordance with Section 2.7 of this Zoning By-Law; 5.19.7.2 Notwithstanding 5.19.7.1, where an existing barn used for the housing of livestock does not comply with the required MDS II setbacks, calculated in accordance with Section 2.7, any modification, extension or addition resulting in a change of use, may be permitted provided that: a) the proposed modification, extension or addition results in a decrease of the existing livestock type or change in livestock type that decreases the number of nutrient units; b) the MDS II setbacks required for the modified or enlarged building are less than, or equal to, the MDS II setbacks required for the existing livestock facility; and c) the existing insufficient MDS II setbacks for the existing livestock building from neighbouring uses and lot lines are not being further reduced. (Amended by By-Law 7-2014-Z) 5.19.8 NON-COMPLIANCE DUE TO PUBLIC ACQUISITION Where the area of a lot is reduced as a result of the public acquisition of a part of a lot and where this acquisition causes any building or structure existing on the lot to become non-complying relative to the zone provisions, then nothing in this by-law shall prevent the continued use of the building or structure provided that no subsequent change is made to the lot which would increase the extent of the non-compliance. Where a vacant lot is reduced as a result of the public acquisition of part of the lot such that the zone provisions relating to lot frontage, lot depth, and/or lot area become non-complying, then nothing in this by-law shall prevent the erection of a building provided that all other zone provisions are complied with. SECTION 5.0 GENERAL PROVISIONS Page 5-19 Township of Norwich Zoning By-Law Number 07-2003-Z 5.19.9 EXISTING AGRICULTURAL USES Notwithstanding any other provisions of this Zoning By-Law to the contrary, where an existing lot in an A2 Zone is developed for a farm, but not an regulated farm, and contains existing farm buildings and structures, additional farm buildings and structures, excluding a dwelling, may be erected, or existing farm buildings and structures may be altered in accordance with the following minimum requirements and all other provisions of the A2 zone: 5.19.9.1 LOT AREA Minimum 4 ha (9.9 ac) 5.20 ON-FARM DIVERSIFIED USES 5.20.1 ZONING AMENDMENT REQUIRED Prior to establishing an on-farm diversified use on a lot, an amendment to this Zoning By-Law will be required. The amendment will restrict the number of permanent on-farm diversified uses to one per farm lot. 5.20.2 ZONE REQUIREMENTS The on-farm diversified use shall comply with the zone requirements of the zone in which such use is located. 5.20.3 OPEN STORAGE No open storage of goods or materials shall be permitted. 5.20.4 GROSS FLOOR AREA REQUIREMENTS The maximum gross floor area for an on-farm diversified use in a new or existing building or structure shall be 225 m2 (2,422 ft2). 5.20.5 EMPLOYEES The on-farm diversified use shall only be carried out by a farm owner residing on the farm, other persons residing on the farm and up to one additional employee. 5.20.6 RETAILING AND WHOLESALING RESTRICTION The general wholesaling or retailing of goods, wares or merchandise is not permitted except for goods, wares or merchandise produced, assembled, processed or fabricated by the on-farm diversified use. 5.20.7 PARKING Parking for an on-farm diversified use shall be provided in accordance with the 'Other Uses' category, as contained in Table 5.21.2.1 - Parking Standards. SECTION 5.0 GENERAL PROVISIONS Page 5-20 Township of Norwich Zoning By-Law Number 07-2003-Z 5.20.8 SECONDARY TO THE FARM OPERATION The on-farm diversified use must be clearly secondary and ancillary to the farm operation. 5.20.9 DETAILED PLAN OF THE SITE Proposals for on-farm diversified uses shall be accompanied by a detailed plan of the site showing the location of buildings and structures, wells and septic beds; areas for parking, storage and landscaping; points of access; and any other information deemed relevant to the proposal. (Amended by By-Law 7-2014-Z) 5.21 PARKING PROVISIONS 5.21.1 GENERAL REQUIREMENTS FOR PARKING AREAS 5.21.1.1 OFF-STREET PARKING AREAS REQUIRED Unless otherwise stated in this Zoning By-Law, motor vehicle parking spaces must be provided on the same lot as the building to which such parking is associated in accordance with the parking standards set out in Section 5.21.2. 5.21.1.2 MORE THAN ONE USE PER LOT In a building or structure in which more than one use is located, the total requirement for parking will be the sum of the requirements applied to each separate use, unless otherwise expressly stated. 5.21.1.3 PARTS TO BE CONSIDERED AS REQUIRED SPACES Where the application of the parking standards as set out in Section 5.21.2 results in part of a parking space being required, such part will be considered as one required space. 5.21.1.4 USE OF PARKING AREAS AND SPACES 5.21.1.4.1 All required parking spaces must be used exclusively for that purpose and must not be used for any other purpose. 5.21.1.4.2 Where a parking area or space is permitted or required under this Zoning By-Law, no person shall use such area or space, in any zone, for parking any motor vehicle unless such vehicle is operative, used in operations incidental to the permitted uses in respect of which such parking area or space is provided, and bearing a motor vehicle license plate which is currently valid. 5.21.1.4.3 COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES No person shall use any lot, building or structure in a Residential Zone for the parking or storage of any commercial motor vehicle unless such person is the owner or occupant of the lot, building or structure, and provided that said vehicle shall not exceed 4600 kilograms (10,140 lb) Gross Vehicle Weight (unloaded) as registered with the appropriate regulating authority and provided that not more than one commercial motor vehicle is stored in accordance with this Section. SECTION 5.0 GENERAL PROVISIONS Page 5-21 Township of Norwich Zoning By-Law Number 07-2003-Z No person shall use any lot, building or structure in a Residential, Village or Central Commercial Zone for the parking or storage of any tractor trailer or part thereof. The provisions of this Section shall not apply to commercial motor vehicles or tractor-trailers which temporarily attend at residential or commercial premises for the purpose of delivery and/or service provided to the occupants of such residential or commercial premises. 5.21.1.4.3.1 Notwithstanding subsection 5.21.1.4.3, a maximum of 1 school bus or 1 tractor-trailer may be parked or stored on a lot in an RE or RR Zone located outside of a settlement, as defined in Section 2.7.2.1. 5.21.1.5 ACCESS TO PARKING SPACE A parking space must have unobstructed access from a public street by either a driveway or an aisle leading to a driveway. 5.21.1.6 PARKING SPACE AND PARKING AISLE STANDARDS Motor vehicle parking spaces and parking aisles shall comply with the standards set out in Table 5.21.1.6 and be in accordance with Schedule "C" of this Zoning By-Law. (Amended by By-Law 7-2014-Z) TABLE 5. 21.1.6 - PARKING SPACE AND AISLE STANDARDS Angle of the Parking Spaces Minimum Perpendicular Width of the Aisle Depth of Parking Space Width of Parking Space 30 degree 3.4 m (11.2 ft) 4.6 m (15.1 ft) for cars parked side by side 2.7 m (8.9ft), for cars parked with wall or fence adjacent 3 m (9.8 ft) 45 degree 3.7 m (12.1 ft) 5.5 m (18.0 ft) 55 degree 4.3 m (14.1 ft) 5.8 m (19.0 ft) 60 degree 4.9 m (16.1 ft) 5.8 m (19.0 ft) 65 degree 5.2 m (17.1 ft) 5.8 m (19.0 ft) 70 degree 5.5 m (18.0 ft) 5.8 m (19.0 ft) 90 degree 6.7 m (22.0 ft) 5.5 m (18.0 ft) parallel parking 3 m (9.8 ft) for one way traffic and 6 m (19.7 ft) for two way traffic 6.5 m (21.3 ft) angle other than those listed shall meet the requirements for the angle of parking which is greater than the angle being provided 5.21.1.7 DRIVEWAY STANDARDS The following standards apply to driveways providing ingress and egress to parking spaces: SECTION 5.0 GENERAL PROVISIONS Page 5-22 Township of Norwich Zoning By-Law Number 07-2003-Z 5.21.1.7.1 MINIMUM WIDTH ONE-WAY ACCESS Where the access to a parking space is provided directly by a driveway from a public street, the driveway must be at least 3.0 m (9.8 ft) in width and no more than 9 m (29.5 ft) in width. (Amended by By-Law 7-2014-Z) 5.21.1.7.2 WIDTH OF JOINT ACCESS Where a joint ingress and egress driveway is provided to a parking aisle, the driveway width measured along the street line shall be at least 6.7 m (22 ft) in width and no more than 9 m (29.5 ft) in width. 5.21.1.7.3 MAXIMUM DRIVEWAY WIDTH - RESIDENTIAL ZONES Within a residential zone, a maximum of 50%, or 6.0 m (19.8 ft) of the front yard or exterior side yard may be occupied by a driveway. 5.21.1.7.4 NUMBER OF DRIVEWAYS PERMITTED Every lot shall be limited to not more than 2 driveways up to the first 30 m (98.4) of frontage; and not more than 1 additional driveway for each additional 30 m (98.4 ft) of frontage, provided that where a lot has more than 1 driveway, a separation of at least 9 m (29.5 ft) shall be maintained between each driveway, as measured along the street line between the said driveways. 5.21.1.7.5 DISTANCE FROM INTERSECTION The minimum distance between a driveway and an intersection of street lines is 9 m (29.5 ft). 5.21.1.8 PARKING AREA SURFACE Each parking area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag, gravel, recycled asphalt, crushed brick (or tile), cinders, asphalt or concrete. 5.21.1.9 ADDITIONS TO BUILDINGS The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this Zoning By-Law so long as the floor area, as it existed at such date, is not increased, and the building or structure is used for a purpose which does not require more parking spaces according to subsection 5.21.2 of this Zoning By-Law than were required by its use at the date of passing of this Zoning By-Law. If an addition or change of use is made to a building or structure as it existed at the date of passing of this Zoning By-Law, then additional parking spaces shall be provided to the number required for such addition or change in use. (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-23 Township of Norwich Zoning By-Law Number 07-2003-Z 5.21.2 MOTOR VEHICLE PARKING STANDARDS 5.21.2.1 OFF-STREET PARKING REQUIRED Off-street parking for motor vehicles must be provided as set out in Table 5.21.2.1. TABLE 5.21.2.1 - PARKING STANDARDS Land Use Category Use Number of Vehicle Parking Spaces Required Residential Uses - single detached dwelling - duplex dwelling - semi-detached dwelling - mobile dwelling - street fronting townhouse dwelling - 2 per dwelling unit - bed and breakfast establishment - boarding or lodging house - 1 per guest room - home occupation - 1 space - garden suite - 1 per garden suite - additional residential unit - 1 per additional residential unit - residential unit in a portion of a non-residential building - multiple unit dwelling - apartment dwelling - converted dwelling - 1.5 per dwelling unit Business Uses - commercial school - financial institution - laundromat - personal service establishment - retail store - service shop - studio - 1 per 20 m2 (215.3 ft2) of gross floor area - eating establishment - 1 per 9 m2 (96.9 ft2) of gross floor area - funeral home - 20 spaces or 1 space per 20 m2 (215 ft2) of gross floor area, whichever is greater - wholesale establishment - 1 per 90 m2 (968.8 ft2) of gross floor area - hotel or motel - 1.2 per guestroom Office Uses - business or professional office - government administrative offices - 1 per 20 m2 (215.3 ft2) gross floor area - animal kennel - medical centre - veterinary clinic - Minimum of 4 spaces or 6.0 per 100 m2 gross floor area whichever is greater Industrial Uses - truck transport terminal - 1 per 100 m2 (1,076.4 ft2) gross floor area - warehouse - 1 per 185 m2 (1,991,4 ft2) of gross floor area - all other industrial uses - 5 plus 1 per 90 m2 (968.8 ft2) of gross floor area SECTION 5.0 GENERAL PROVISIONS Page 5-24 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.21.2.1 - PARKING STANDARDS Land Use Category Use Number of Vehicle Parking Spaces Required Institutional Uses - place of worship - 1 for every 5 seats capacity, or 1 for each 10 m2 (107.6 ft2) of gross floor area used for a hall or auditorium, whichever is greater. - school - Minimum of 5 spaces plus 1 space for each classroom - long term care facility - 1 per 3 beds or fraction thereof - group home - 4 spaces Leisure and recreation type uses - museum - library - recreational or athletic facility - 1 per 20 m2 (215.3 ft2) of gross floor area. Playing areas for squash, tennis, handball and badminton courts are to be excluded for the purposes of calculating parking. - arena or community centre - assembly hall - fraternal lodge or institutional hall - place of entertainment - 1 per 10 m2 (107.6 ft2) of gross floor area or 1 space for every 4 seats whichever is greater - bowling alley - 4 per lane - curling facility - 4 per curling sheet Other Uses - All other uses permitted by this Zoning By-Law other than those listed in this table - 1 per 40 m2 (430.6 ft2) of gross floor area (Amended by By-Law 12-2024-Z) 5.21.2.2 ACCESSIBLE PARKING 5.21.2.2.1 Accessible parking spaces are to be provided in two sizes for all non-residential and multiple residential uses including an apartment dwelling, boarding or lodging house and multiple unit dwelling, as identified on Schedule "C-3" : a) Type A shall have a minimum width of 3.4 m (11.2 ft) and a minimum length of 5.5 m (18 ft). b) Type B shall have a minimum width of 2.7 m (8.9 ft) and a minimum length of 5.5 m (18 ft). 5.21.2.2.2 REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES As part of the required off-street motor vehicle parking spaces required under Section 5.21.2.1, parking spaces dedicated for accessible parking shall be provided as follows: SECTION 5.0 GENERAL PROVISIONS Page 5-25 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.21.2.2.2 - ACCESSIBLE PARKING STANDARDS Total Number of Required Vehicle Parking spaces Minimum Number of Required Accessible Spaces Type A Spaces Type B Spaces 1 - 12 1 1 0 13 - 100 4% of total required parking spaces Where an even number of accessible parking spaces are required an equal number of Type A and Type B spaces must be provided. Where an odd number of total accessible parking spaces are required the additional space may be a Type B space. 101 - 200 3% of total required parking spaces + 1 201 - 1,000 2% of total required parking spaces + 2 1,001 or greater 1% of total required parking spaces + 11 5.21.2.2.3 LOCATION OF ACCESSIBLE PARKING SPACES Accessible parking spaces shall be: a) constructed at the same grade as the entry to the building or entry to the access ramp or structure designed to facilitate entry for those requiring accessible parking; b) located within close proximity to the building or access ramp or structure; and c) clearly identified and reserved for the exclusive use of as accessible parking spaces. 5.21.2.2.4 ACCESSIBLE PARKING AISLE REQUIREMENTS A parking aisle shall be provided for all accessible parking spaces and may be shared by two adjacent parking spaces, in accordance with the following provisions: a) A parking aisle shall have a minimum width of 1.5 m (4.9 ft) and extend the full length of the parking space. b) A parking aisle shall be marked with high tonal contrast diagonal lines, which discourages parking, where the surface is asphalt, concrete or some other hard surface. (Amended by By-Law 02-2016-Z) 5.21.2.3 TANDEM PARKING Where parking is provided at the dwelling unit in an individual driveway, the required parking for that dwelling may be provided by a tandem parking space. 5.21.2.4 PARKING SPACES WITHIN A PRIVATE GARAGE Where parking is provided at the dwelling unit in an individual driveway, parking spaces may be within a private garage, with the exception that parking spaces within a private garage shall not be used as required parking spaces for additional residential units, converted dwellings and garden suites. (Added by By-Law 12-2024-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-26 Township of Norwich Zoning By-Law Number 07-2003-Z 5.21.3 LOCATION OF PARKING AREAS 5.21.3.1 YARDS AND SETBACKS Motor vehicle parking areas must be situated in accordance with the requirements set out in Table 5.21.3. TABLE 5.21.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS Zones Yards Where Parking is Permitted Setback of Parking From: Street Line Interior Side Lot Line Rear Lot Line Residential Zone, units with individual driveways All yards 1.0 m (3.3 ft) -- -- Residential Zone, units without individual driveways Interior side yard Rear yard --- 1.5 m (4.9 ft) 1.5 m (4.9 ft) Commercial, Institutional, Industrial, Agricultural, Development, Recreational and all mixed use Zones All yards 1.0 m (3.3 ft) 1.5 m (4.9 ft) 1.5 m (4.9 ft) 5.21.3.2 PARKING SPACE LOCATION ON OTHER LOT Where the owner of a building or structure proposes to provide the required parking spaces and areas at a location other than on the same lot as the use that requires such spaces and areas, then such spaces and areas shall be located not more than 150 m (492.1 ft) from the said lot and shall be located within the same zone as the said lot and held under the same ownership. A site plan agreement shall be registered on the title of the lands used for off-site parking, committing those spaces to the related use. 5.21.4 QUEUE SPACE REQUIREMENTS Where any of the uses permitted by this by-law offer drive-through service, off-street vehicle queue spaces leading to and from the drive-through service must be provided in accordance with Table 5.21.4. TABLE 5.21.4 - REQUIRED VEHICLE QUEUE SPACES Land Use Required Number of Spaces Automated Teller situated on the exterior of a building or free-standing 3.0 before each automatic teller Automobile Service Station and Public Garage 3.0 before each service bay 1.0 at service bay exit if a through-bay Motor Vehicle Washing Establishment 3.0 before each wash bay 2.0 after each wash bay exit if a through-bay Eating Establishment 7.0 before order board 4.0 between order board and pick-up window 2.0 after pick-up window Convenience Retail Store 2.0 before service window (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-27 Township of Norwich Zoning By-Law Number 07-2003-Z 5.21.4.1 QUEUE SPACE STANDARDS All required queue spaces must be provided in accordance with the following design standards: a) The minimum dimensions for each queue space must be 3 m (9.8 ft) in width and 5.7 m (18.7 ft) in length; b) Queue spaces must be arranged in a single waiting line in advance and behind the service offered in accordance with Table 5.21.4; c) A minimum inside turning radius for queue spaces forming a waiting line is 6.0 m (19.69 ft); d) Queue spaces forming a waiting line must be unobstructed by parking or loading spaces and must be clearly delineated by markings or barriers; e) Queue spaces forming a waiting line or storage space from the service offered cannot form part of a parking aisle providing access to a parking space and must be located to minimize interference with the access and egress of vehicles to a parking space; and, f) Queue spaces must not abut a Residential Zone. (Amended by By-Law 02-2016-Z) 5.21.4.2 QUEUE SPACE SURFACE Each queue space and the driveway leading to the space shall be paved with asphalt, brick or similar material which prevents the raising of dust or loose particles and shall include provisions for drainage facilities. 5.22 PLANTING STRIPS 5.22.1 REQUIREMENTS FOR NON-RESIDENTIAL USES 5.22.1.1 Where a lot is used for any Non-Residential purpose and the interior side or rear lot line abuts a residential use or undeveloped land in a Residential Zone or Development Zone then a strip of land adjoining such abutting lot line, or portion thereof, shall be used for no other purpose than a planting strip in accordance with the provision of this subsection. 5.22.1.2 Where such lot is in an Industrial Zone and the front, side or rear lot line abuts a portion of a street, the opposite side of which portion of the street abuts a residential use or undeveloped land in a Residential Zone or Development Zone, then a strip of land adjoining such abutting lot line, or portion thereof, shall be used for no other purpose than planting in accordance with the provisions of this subsection. 5.22.2 WIDTH Where a planting strip is required in any zone and consists of landscaping, the planting strip shall have a minimum width of 1.5 m (4.9 ft). Where a planting strip is required in any zone and consists of a berm, the planting strip shall have a minimum width of 3 m (9.8 ft). SECTION 5.0 GENERAL PROVISIONS Page 5-28 Township of Norwich Zoning By-Law Number 07-2003-Z A planting strip consisting of a privacy fence or wall shall have a minimum width of 1 m (3.3 ft). (Amended by By-Law 7-2014-Z) 5.22.3 CONTENTS A planting strip shall be used for no other purpose than for a row of trees, a continuous hedgerow of evergreens or shrubs, a berm, a wall, or a privacy fence, not less than 1.5 m (4.9 ft) high, immediately adjacent to the lot line or portion thereof along which such planting strip is required hereunder, arranged in such a way as to form a dense or opaque screen; with the remainder of the strip used for shrubs, flower beds or grass, ground cover or a combination thereof. 5.22.4 DRIVEWAYS AND WALKS In all cases where the ingress and egress of a driveway and/or walk extend through a planting strip, it shall be permissible to interrupt the planting strip within 3.0 m (9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said walks. 5.22.5 LANDSCAPED OPEN SPACE A planting strip referred to in this subsection may form part of any landscaped open space required by this Zoning By-Law. 5.23 PUBLIC USES 5.23.1 PUBLIC SERVICES The provisions of this Zoning By-Law shall not apply to the use of any lot or to the erection or use of any building or structure for the purpose of providing public services: a) by the Corporation or the County as defined by the Municipal Act; b) by any utility system operated by the Corporation or another body on behalf of the Corporation which provides said utility to the residents of the Corporation and possesses all the necessary powers, rights, licenses and franchise; c) by any gas, oil or water pipeline, telephone line, cable television line or any similar utility service line including any substation, transformer, regulator, compressor or similar utility service building or structure; d) by any Conservation Authority established by the Government of Ontario; e) by any department of the Government of Ontario or Canada, including Hydro One; f) for any use permitted under The Railway Act or any other statute of Ontario or Canada governing railway operations, including tracks, spurs and other railway facilities provided that where such lot, building or structure is located in any zone: SECTION 5.0 GENERAL PROVISIONS Page 5-29 Township of Norwich Zoning By-Law Number 07-2003-Z 5.23.1.1 no goods, material or equipment shall be stored in the open, except as permitted in such zone; 5.23.1.2 any height of building, yard, planting strips, parking, loading, setback and lot coverage provisions of the zone within which the use is located shall be complied with. In Residential Zones, the use shall be enclosed in a building designed and maintained in a manner that is generally compatible with residential buildings of the same type permitted in such zone; 5.23.1.2.1 Notwithstanding the yard and setback provisions of this Zoning By-Law to the contrary, for public water and sewage facilities in any zone, the following provisions shall apply: FRONT, REAR, AND SIDE YARDS Minimum Depth and/or Width 1.2 m (3.9 ft) (Amended by By-Law 7-2014-Z) 5.23.2 STREETS AND INSTALLATIONS Nothing in this Zoning By-Law shall prevent land to be used as a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or underground hydro, telephone or other supply line or communication line provided that the location of such main, line or fixture has been approved by the Corporation and/or the County. 5.23.3 EXCEPTIONS 5.23.3.1 Where in this Zoning By-Law under the heading of "USES PERMITTED", a use is specifically permitted in a zone, which use without such reference thereto would be permitted in any zone pursuant to the provisions of subsection 5.23.1, then such use shall be deemed to be permitted only within the zone or zones making such specific reference thereto and the said subsection 5.23.1 shall not apply to such use. 5.23.3.2 Notwithstanding anything in this Zoning By-Law to the contrary, new infrastructure or utilities will only be permitted within and zones or Environmental Protection Overlays corresponding to the Agricultural Reserve, Open Space and Environmental Protection designations and Fish Habitat Protection Areas in the Oxford County Official Plan if they have first been approved through an environmental assessment process. 5.24 SIGHT TRIANGLES On a corner lot within the triangular space formed by the street lines and a line drawn from a point on one street line to a point in the other street line, each such point being 9.0 m (29.5 ft), measured along the street line from the point of intersection of the street lines, no building, structure, planting or vehicle shall be located in such a manner as to impede vision between a height of 0.6 m (2 ft) and 3.0 m (9.8 ft) above the centreline grade of the intersecting streets. Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-30 Township of Norwich Zoning By-Law Number 07-2003-Z 5.25 SIGNIFICANT ENVIRONMENTAL FEATURES 5.25.1 ENVIRONMENTAL PROTECTION 1 OVERLAY The Environmental Protection 1 (EP1) Overlay shall apply to lands containing the following Provincially Significant Environmental Features which are identified in the County Official Plan: - Significant Habitat of Endangered or Threatened Species or other Significant Wildlife Habitat, and - Significant Wetlands. 5.25.1.1 IDENTIFICATION OF THE OVERLAY The EP1 Overlay corresponds to the features listed in 5.25.1 and is identified on Schedule "A" of this Zoning By-Law. Section 2.5 of this Zoning By-Law provides an explanation for the interpretation of these overlay areas. 5.25.1.2 PERMITTED USES Notwithstanding the provisions of the underlying zone, no person shall within any EP1 Overlay use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: uses existing at the date of passing of this Zoning By-Law; a farm on existing cleared areas, excluding farm buildings, structures and accessory dwellings; a public use, in accordance with the provisions of Section 5.23 of this Zoning By-Law; a conservation project. All other uses not listed above shall be prohibited within the area of the EP1 Overlay. Notwithstanding the provisions of the underlying zone, no development or site alteration shall be permitted within an EP1 Overlay, except for a use which legally existed on the date of passing of this Zoning By-Law, provided that no additional development or site alteration shall be permitted, except as specified in Section 5.251.3; and Within the EP1 Overlay, the harvest of timber in conformity with the County Woodland Conservation By-Law shall be permitted in accordance with the Environmental Protection Area policies of the County of Oxford Official Plan. 5.25.1.3 EXISTING USES, BUILDINGS, AND STRUCTURES Any building or accessory structure existing at the time of passing of this Zoning By-Law may be replaced, rebuilt or altered, provided that any such replacement, rebuilding or alteration thereto does not enlarge the gross floor area of the original building or accessory structure by more than 25% of the structure existing on the date of passing of this Zoning By-Law. Any such replacement, rebuilding or alteration to such a building or accessory structure shall take place within the area of the original building foundation. Any portion of a use that legally existed at the date of passing of this Zoning By-Law and is not located within existing buildings or structures shall only be permitted within existing cleared areas. SECTION 5.0 GENERAL PROVISIONS Page 5-31 Township of Norwich Zoning By-Law Number 07-2003-Z Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or landing may be attached to a residential building existing at the time of passing of this Zoning By- Law or to any residential building that has been replaced, rebuilt or otherwise altered in accordance with the above paragraph. Any such covered or uncovered deck, stoop and/or landing shall be constructed in accordance with Section 5.32.1 and shall not exceed 23.2 m2 (250 ft2) in area. 5.25.1.4 ALL OTHER ZONE PROVISIONS APPLY All other zone provisions of the underlying zone shall continue to apply within the EP1 Overlay areas. (Amended by By-Law 7-2014-Z) 5.25.2 ENVIRONMENTAL PROTECTION 2 OVERLAY, SIGNIFICANT VALLEYLANDS AND FISH HABITAT The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the following Provincially Significant Environmental Features which are identified in the County Official Plan: Significant Woodlands; Areas of Natural and Scientific Interest for the Life Sciences; Significant Wildlife Habitat; Fish Habitat consists of all watercourses, ponds, lakes and reservoirs within the Township. Until the Significant Valleylands have been defined through study, they will be defined as the lands associated with the Flood Plain and Fill Regulated Area, as described in Section 5.10, for lands under the jurisdiction of the Grand River Conservation Authority or the Long Point Region Conservation Authority or erosion hazard areas, as described in Section 5.28, established by the Upper Thames River Conservation Authority. 5.25.2.1 IDENTIFICATION OF THE OVERLAY, SIGNIFICANT VALLEYLANDS AND FISH HABITAT The EP2 Overlay corresponds to the features listed in Section 5.25.2 and is identified on Schedule "A" of this Zoning By-Law. Section 2.5 of this Zoning By-Law provides an explanation for the interpretation of these overlay areas. Fish Habitat corresponds to the water features listed in Section 5.25.2. Significant Valleylands correspond to the Regulatory Flood Plain and Fill Regulated Areas and erosion hazard lands as indicated in Section 5.25.2. 5.25.2.2 PERMITTED USES Notwithstanding the provisions of the underlying zone, no person shall within any EP2 Overlay, Significant Valleyland or Fish Habitat use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - a public use, in accordance with the provisions of Section 5.23 of this Zoning By-Law and authorized through an environmental assessment process; - a single detached dwelling on a properly zoned lot of record created on or before April 17, 1979 in accordance with the permitted uses and provisions of the underlying zone; SECTION 5.0 GENERAL PROVISIONS Page 5-32 Township of Norwich Zoning By-Law Number 07-2003-Z - a use which legally existed on the date of passing of this Zoning By-Law, provided that no additional development or site alteration shall be permitted, except as specified in 5.25.2.3; - a single detached dwelling on a lot which was part of a plan of subdivision registered or draft approved on or before April 17, 1979; - a building or structure accessory to a single detached dwelling on a properly zoned lot of record created on or before April 17, 1979 or on a lot which was part of a plan of subdivision registered or draft approved on or before April 17, 1979; - a building or structure used for flood or erosion control purposes, or for the management of the natural environment, as approved by the Corporation, the County, the Conservation Authority with jurisdiction and the Ministry of Natural Resources; - a passive use park approved by the Corporation and the County, in consultation with the Conservation Authority with jurisdiction - an erosion control structure; - a farm on existing cleared areas, excluding farm buildings, structures and accessory dwellings including the land application of nutrients, in accordance with the Nutrient Management Act; - a recreation trail; - a conservation project. All other uses not explicitly listed above shall be prohibited within the area of the EP2 Overlay, Significant Valleylands and Fish Habitat. Within the EP2 Overlay and Significant Valleyalnds, the harvest of timber, in conformity with the County Woodland Conservation By-Law shall be permitted in accordance with Environmental Protection Area policies of the County of Oxford Official Plan. 5.25.2.3 ALL OTHER ZONE PROVISIONS APPLY All other zone provisions of the underlying zone shall continue to apply within the EP2 Overlay areas, Significant Valleylands and Fish Habitat. 5.25.3 DISTANCE FROM THE EP1 AND EP2 OVERLAYS, SIGNIFICANT VALLEYLANDS AND FISH HABITAT WHERE AN ENVIRONMENTAL IMPACT STUDY IS REQUIRED. 5.25.3.1 Development, site alteration and stockpiling of materials within 120 m (393.7 ft) of the EP1 Overlay must comply with the Environmental Impact Study Requirements of the County of Oxford Official Plan. Notwithstanding the above, where a residential use exists within the EP1 overlay or within the 120 m (393.7 ft) adjacent area of the EP1 overlay, buildings and structures accessory to the said residential use may be permitted within 120 m (393.7 ft) of the EP1 overlay without an EIS, in accordance with Section 5.1 and the Regulations for Accessory uses in Residential Zones contained in Table 5.1.1.3 of this Zoning By-Law. SECTION 5.0 GENERAL PROVISIONS Page 5-33 Township of Norwich Zoning By-Law Number 07-2003-Z 5.25.3.2 Development, site alteration and stockpiling of materials within 50 m (164.0 ft) of the EP2 Overlay, Significant Valleylands or Fish Habitat, excepting those uses permitted in Section 5.25.2.2, must comply with the Environmental Impact Study Requirements of the County of Oxford Official Plan. Buildings and structures accessory to a single detached dwelling or any residential use existing within the EP2 overlay, Significant Valleylands or within 50 m (164 ft) of the EP2 overlay, Significant Valleylands or Fish Habitat shall be permitted in accordance with Section 5.1 and the Regulations for Accessory Uses in Residential Zones contained in Table 5.1.1.3 of this Zoning By-Law. 5.25.4 PERMITTED USES All of the uses of the underlying zone are permitted within the distances specified, subject to the provisions of an Environmental Impact Study undertaken by the applicant pursuant to the Environmental Impact Study policies of the County of Oxford Official Plan. Notwithstanding this provision, an Environmental Impact Study will not be required if an exemption is granted under the Environmental Impact Study policies of the County of Oxford Official Plan, in consultation with the Conservation Authority having jurisdiction. 5.25.5 ZONE REQUIREMENTS All other zone provisions of the underlying zone shall continue to apply within these areas, unless new provisions are recommended by an Environmental Impact Study. Where new provisions are recommended by an Environmental Impact Study, a zoning by-law amendment shall be required to incorporate such provisions into this Zoning By-Law. 5.26 SITE PLAN CONTROL Where uses located within any of the zones described in this Zoning By-Law are also designated by By-Law as being subject to Site Plan Control, pursuant to the Planning Act, R.S.O. 1990, as amended, such uses shall be subject to the provisions of the zone as well as any requirements of the Township of Norwich's Site Plan Control By-Law and associated guidelines, as amended. 5.27 SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION Sites of potential environmental contamination include sites presently or formerly used for industrial, utility or waste disposal, a landfill site, or a salvage yard. Known sites will be placed in a Holding Zone pursuant to Section 36 of the Planning Act, as amended. A zoning by-law amendment will be required to remove the "H" symbol. (Amended by By-Law 7-2014-Z) 5.28 SLOPE AND EROSION HAZARD AREA RESTRICTIONS Notwithstanding the provisions of the underlying zone, no new buildings or structures shall be permitted within areas identified as being within the one hundred year erosion limit adjacent to ravines, river valleys and streams. Such erosion limits shall be established by the Conservation Authority with jurisdiction. (Amended by By-Law 7-2014-Z) SECTION 5.0 GENERAL PROVISIONS Page 5-34 Township of Norwich Zoning By-Law Number 07-2003-Z 5.29 STREET FRONTAGE REQUIRED No building or structure shall be erected, altered or enlarged on any lot which does not have the minimum lot frontage on an improved street required for the zone which applies to the lot. 5.30 STORAGE OR PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES 5.30.1 No person shall in any Residential Zone use any lot for the parking or storage of any recreational vehicle except in accordance with the following provisions: 5.30.1.1 The owner or occupant of any lot, building or structure in any Residential Zone may store or park not more than two recreational vehicles. 5.30.1.2 The recreational vehicle must be stored within a detached or attached private garage or carport or in the rear yard or the interior side yard provided that such recreational vehicle is located no closer than 1 m (3.3 ft) to the rear lot line or interior side lot line. 5.30.2 FULLY ENCLOSED Notwithstanding the provisions of subsection 5.29.1 of this Zoning By-Law, the limitations imposed therein shall not restrict the number of such recreational vehicles that are fully enclosed within a detached or attached private garage. 5.30.3 OCCUPANCY No recreational vehicle as defined in this Zoning By-Law shall be used for permanent home occupancy while stored on any lot. 5.31 THROUGH LOTS Where a lot which is not a corner lot has frontage on more than one street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of the zone or zones in which such lot is located. (Amended by By-Law 7-2014-Z) 5.32 YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS 5.32.1 PERMITTED PROJECTIONS INTO REQUIRED YARDS Notwithstanding the yard requirements of this Zoning By-Law, the following projections are permitted from a main building in accordance with the provisions set out in Table 5.30.1. SECTION 5.0 GENERAL PROVISIONS Page 5-35 Township of Norwich Zoning By-Law Number 07-2003-Z TABLE 5.32.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS Structure Yard in Which Projection Permitted Maximum Projection Permitted into Required Yards Minimum Setback Between Projection and Lot Line Steps providing access to ground floor, uncovered and unenclosed decks, balconies, stoops or landings not exceeding one storey in height and ramps used for handicapped access Front Rear Side No limit No limit No limit 5.0 m (16.4 ft) 1.2 m (3.9 ft) 0.6 m (2 ft) Covered decks, stoops or landings not exceeding one storey in height Front Rear 1.5 m (4.9 ft) No limit --- 4.0 m (13.1 ft) Sills, cornices, pilasters, chimneys, eaves, gutters, and similar architectural features All 0.6 m (2 ft) --- 5.32.1.1 Notwithstanding the provisions of Section 5.32.1 the following provisions shall also apply: No projection is permitted into a required parking area, driveway or easement; In a zone in which the yard setbacks for the main building are less than the minimum yard setbacks required by Table 5.32.1 for such structures, then they may be erected in accordance with setback requirements for the main building, unless otherwise noted in this Zoning By-Law; and No part of any building or structure on any lot shall project beyond any lot or street line of such lot, except in the case of a projection beyond a street line, where an encroachment permit has been approved for such projection by the Township of Norwich or, in the case of a County Road, the County of Oxford. (Amended by By-Law 7-2014-Z) (Deleted and Replaced by By-Law 21-2024-Z) 5.32.2 HEIGHT EXCEPTIONS The height provision of this Zoning By-Law shall not apply to prevent the erection and/or use of the following uses, in zones where such uses are associated, and provided that such features are erected only to such heights as is necessary to accomplish their purpose: a church spire, steeple or belfry; a cupola, dome or other ornamental structure; a flag pole; a clock tower or bell tower; a chimney or smoke stack; a firewall; a lightening rod or weathervane; a skylight; elevator penthouse, water tank, mechanical penthouse or other heating, cooling or ventilation equipment, or structure enclosing such features; SECTION 5.0 GENERAL PROVISIONS Page 5-36 Township of Norwich Zoning By-Law Number 07-2003-Z a communications structure; a radio or television antennae; a feedmill, commercial grain elevator or silo. 5.33 WAYSIDE SAND AND GRAVEL PITS 5.33.1 WHERE PERMITTED Wayside sand and gravel pits are permitted in all zones outside of settlements, as defined in subsection 2.7.2.1 of this Zoning By-Law and outside of the EP1 and EP2 Overlays, as shown on Schedule "A" of this Zoning By-Law. 5.33.2 TEMPORARY OR PORTABLE ASPHALT OR CONCRETE BATCHING PLANTS Temporary or portable asphalt or concrete batching plants accessory to a wayside pit shall be permitted in all zones outside of settlements, as defined in 2.7.2.1 of this Zoning By-Law and outside of the EP1 and EP2 Overlays, as shown on Schedule "A" of this Zoning By-Law. 5.33.2.1 CERTIFICATE OF APPROVAL A Certificate of Approval pursuant to the Environmental Protection Act must be issued by the Ministry of Environment prior to the establishment of a temporary or portable asphalt or concrete batching plant. 5.33.2.2 ZONE REQUIREMENTS A temporary or portable asphalt or concrete batching plant shall comply with the zone provisions of the zone in which such use is located. (Amended by By-Law 7-2014-Z) 5.34 SOURCEWATER PROTECTION AREAS 5.34.1 IDENTIFICATION OF SOURCEWATER PROTECTION ZONES The Source Protection Overlays (SP1 and SP2), shown on Schedule "A' of this By-Law, identify the portions of the Wellhead Protection Areas (WHPAs) associated with the County's municipal drinking water supply wells where a drinking water threat, as prescribed by the Clean Water Act, 2006, can be a significant drinking water threat. The mapping of these areas in this By-Law reflects the WHPA mapping contained in the applicable Source Protection Plans, approved under the Clean Water Act, 2006. The Source Protection Overlay 1 (SP1) applies to the portion of the WHPA closest to the wellhead, where the majority of the prescribed significant drinking water threats can occur. The Source Protection Overlay 2 (SP2) applies to the remainder of the WHPA, where only certain chemical and waste related significant drinking water threats can generally occur. SECTION 5.0 GENERAL PROVISIONS Page 5-37 Township of Norwich Zoning By-Law Number 07-2003-Z 5.34.2 PRESCRIBED DRINKING WATER THREATS A list of drinking water threats, as prescribed under the Clean Water Act, 2006, is provided below for information purposes: - Waste disposal sites within the meaning of Part V of the Environmental Protection Act; - The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage; - The application of agricultural source material to land; - The storage and/or management of agricultural source material; - The application of non-agricultural source material to land; - The handling and/or storage of non-agricultural source material; - The application of commercial fertilizer to land; - The handling and/or storage of commercial fertilizer; - The application of pesticide to land; - The handling and/or storage of pesticide; - The application, handling and/or storage of road salt; - The storage of snow; - The handling and storage of fuel; - The handling and storage of a dense non-aqueous phase liquid; - The handling and storage of an organic solvent; - The management of runoff that contains chemicals used in the de-icing of aircraft; - An activity that takes water from an aquifer or a surface water body without returning the water taken to the same aquifer or surface water body; - An activity that reduces the recharge of an aquifer; and - The use of land as livestock grazing or pasturing land, an outdoor confinement area or farm-animal yard. These prescribed drinking water threats can only be significant drinking water threats under very specific circumstances, as established through the Clean Water Act and associated regulations. Any land use or activity that is, or would be, a significant drinking water threat must conform with all applicable Source Protection Plan policies and, as such, may be prohibited, restricted or otherwise regulated by those polices despite any uses permitted by the zoning by-law. The SPP policies generally prohibit the establishment of new significant drinking water threats. SECTION 5.0 GENERAL PROVISIONS Page 5-38 Township of Norwich Zoning By-Law Number 07-2003-Z 5.34.3 USE PROHIBITIONS AND RESTRICTIONS IN SOURCE PROTECTION OVERLAYS 1 & 2 Notwithstanding the permitted uses of the underlying zone, no new use, building and/or structure that requires the issuance of a Building Permit and/or an approval under the Planning Act shall be permitted within the Source Protection Overlays 1 (SP1) or 2 (SP2) unless a notice, in accordance with Section 59 of the Clean Water Act, 2006, has been issued by the Risk Management Official in relation to such building permit or approval. This notice requirement shall not apply to a new use, building and/or structure that is exclusively residential or where the Risk Management Official has provided written guidance specifying the situations in which the Building Official is permitted to make the determination as to whether a Section 59 notice is required, and they have determined that such notice is not required in accordance with that guidance. 5.34.4 SEPTIC SYSTEMS AND HOLDING TANKS WITHIN SOURCE PROTECTION OVERLAY 1 (SP1) Notwithstanding the permitted uses of the underlying zone, any use, building and/or structure that would require a new septic system and/or holding tank shall be prohibited within a Source Protection Overlay 1 (SP1). This prohibition shall not apply to a new septic systems and/or holding tank that is required for a municipal water supply well. For the purposes of this provision the term 'new' shall have the same meaning as in the applicable Source Protection Plan. The Risk Management Official shall make the final determination as to whether a use, building or structure to be serviced by an septic system and/or holding tank is prohibited in accordance with this provision and corresponding Source Protection Plan policies. This provision shall in no way supersede the requirement to connect to full municipal services, where available, as set out in Section 5.18 of this By-Law. (Added by By-Law 21-2024-Z)