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VILLAGE OF OIL SPRINGS
ZONING BY-LAW 192 OF 1986
County of Lambton
Planning Department
April, 1986.
Office Consolidation June 2016
TABLE OF CONTENTS
SECTION
TITLE
PAGE
1
GENERAL
1
2
ADMINISTRATION
2
3
DEFINITIONS
4
4
ZONES
26
5
ZONING MAPS
27
6
GENERAL PROVISIONS
28
(Supplementary Use Provisions)
7
GENERAL PROVISIONS
34
(Supplementary Site & Building Regulations)
8
PARKING AREA REGULATIONS
40
9
LOADING SPACE REGULATIONS
47
10
RESIDENTIAL (R) ZONES
49
11
MOBILE HOME PARK (MHP) ZONES
54
12
COMMERCIAL (C) ZONES
56
13
INDUSTRIAL (M) ZONES
61
14
AGRICULTURAL (A) ZONES
64
15
OPEN SPACE (OS) ZONES
66
16
HAZARD LAND (HL) ZONES
67
1
THE CORPORATION OF THE
VILLAGE OF OIL SPRINGS
ZONING BY-LAW 192 OF 1986
WHEREAS it is considered desirable to pass a Zoning By-law pursuant to Section 34 of
the Planning Act, 1983.
THEREFORE the Council of the Corporation of the Village of Oil Springs enacts as
follows:
SECTION 1 - GENERAL
1.1
TITLE
This by-law shall be known as the Zoning By-law of the Corporation of the Village of Oil
Springs.
1.2
APPLICATION
The provisions of this by-law shall apply to all lands within the boundaries of the
Corporation of the Village of Oil Springs.
1.3
SCOPE
No lands shall be used and no buildings or structures shall be erected, altered, enlarged or
used within the Village of Oil Springs except in conformity with the provisions of this by-
law.
1.4
REPEAL OF EXISTING BY-LAWS
From the coming into force of this by-law all previous by-law passed under Section 34 of
the Planning Act, 1983 or a predecessor thereof, shall be deemed to have been repealed.
1.5
VALIDITY
Should any section, clause or provision of this by-law beheld by a court of competent
jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected.
1.6
EFFECTIVE DATE
This by-law shall be deemed to be valid and to have come into force on the day of passing
hereof.
2
1.7
COMPLIANCE WITH OTHER RESTRICTIONS
This by-law shall not reduce any restrictions lawfully imposed by a governmental authority
having jurisdiction to make such restrictions.
3
SECTION 2 - ADMINISTRATION
2.1
ADMINISTRATION
This by-law shall be administered by the person designated by the Council of the Village of
Oil Springs as the "By-law Enforcement Officer".
2.2
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 48 of the Planning Act, 1983, a By-law Enforcement Officer or a
person acting under his instructions may, at all reasonable times and upon producing
proper identification, enter and inspect any property in respect of which he believes a
contravention of this By-law is occurring. An officer or any person acting under his
instructions shall not enter any room or place actually used as a dwelling without
requesting and obtaining the consent of the occupier, first having informed the occupier
that the right if entry may be refused and entry made only under the authority of a search
warrant issued under Section 142 of the Provincial Offences Act.
2.3
VIOLATIONS AND PENALTIES
Pursuant to Section 66 of the Planning Act, 1983, any person who contravenes this by-law
is guilty of an offence and on conviction is liable:
a)
on a first conviction to a fine of not more than $20,000; and
b)
on a subsequent conviction to a fine of not more than $10,000 for each day or part
thereof upon which the contravention has continued after the day on which he was first
convicted.
Where a corporation is convicted for contravening this by-law the maximum penalty that
may be imposed is:
a)
on a first conviction a fine of not more than $50,000; and
b)
on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted.
2.4
RESTRAINING VIOLATIONS
Any violation of this by-law may be restrained by action at the instance of a ratepayer or
the Corporation of the Village of Oil Springs pursuant to the provisions of Section 326 of
the Municipal Act, R.S.O., 1980, Chap. 302.
4
2.5
LICENSES AND PERMITS
No municipal permit, certificate or license shall be knowingly issued where such is required
for a proposed use of land or proposed erection, alteration, enlargement or use of any
building or structure which is in violation of any of the provisions of this by-law. The
issuance of any permit, certificate or license shall not, however, constitute an
acknowledgement that the provisions of this by-law have been complied with.
2.6
REQUESTS FOR AMENDMENTS AND FEES
Every request for an amendment to this by-law shall be accompanied by a fee as
prescribed by the Corporation's by-law which sets a tariff of fees.
5
SECTION 3 - DEFINITIONS
General
a)
For the purposes of this By-law, the definitions and interpretations given in this
Section shall govern.
b)
In this by-law the word ""shall" is mandatory; words in the singular include the
plural; words in the plural include the single number; words used in the present
tense include the future.
"ABBATOIR" shall mean a Building, Structure, or Lot or part thereof used for the slaughter
of livestock or other animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a Use, Building or Structure shall mean a Use,
Building or Structure which is incidental, subordinate and exclusively devoted to the main
Use, Building or Structure and located on the same Lot therewith.
"AGRICULTURE" shall mean Use of land and/or Building or Structure for any purpose of
husbandry including horticulture, forestry, and animal husbandry, and while not limiting the
generality of the foregoing, shall include the use of land for aviary, apiary, and livestock
training purposes. The words "agricultural", "farm", and "farming" shall have a
corresponding meaning. This definition shall include a Farm Produce Outlet.
"AGRICULTURAL SUPPLY ESTABLISHMENT" shall mean the Use of Land, Building or
Structure for the sale and/or storage of seeds, fertilizers, farm equipment or other goods or
materials use in Agriculture as defined in this by-law.
"ALTER" when used in reference to a Building or part thereof, shall mean to change any
one or more of the internal or external dimensions of such Building or to change the type
of construction of the exterior walls or roof thereof. When used in reference to a Lot, the
word "alter" means to change the area, frontage or depth thereof; to change the width,
depth or area of any Required Yard, Landscaped Open Space or Parking Area; or to
change the location of any boundary of such Lot with respect to a Street or Lane whether
such alteration is made by conveyance or alienation of any portion of such Lot, or
otherwise.
"ANIMAL OPERATION" shall mean a building or structure used to house livestock.
"ANTENNAE" shall mean the use of land, Building or Structure for the purpose of sending
or receiving electromagnetic waves.
"ASSEMBLY HALL" shall mean a Building or Structure used for the assembly of persons
for religious, charitable, philanthropic, cultural, private recreational or private educational
purposes.
6
"ATTIC" shall mean that portion of a Building situated wholly or partly within the roof of
such Building and which is not a One-Half Storey.
"AUCTION HALL" shall mean a Building or Structure where a public sale is conducted by
an auctioneer through a series of competing bids and may include the storage of such
articles to be sold at auction.
"AUDITORIUM" shall mean a Building or Structure where facilities are provided for
athletic, civic, educational, political, religious or social events. This definition may include
an arena, Community Centre, gymnasium, stadium, theatre or similar use.
"AUTOMOTIVE REPAIR ESTABLISHMENT" shall mean a Building and/or land used for
the servicing, repair, cleaning, polishing and greasing of Motor Vehicles and may include
vehicular body repair and repainting but shall not include any other automotive use defined
in this Bylaw.
"AUTOMOTIVE SALES ESTABLISHMENT" shall mean a Building and/or land used for
the display and sale of new and/or used Motor Vehicles and may include the servicing,
repair, cleaning, polishing and greasing of Motor Vehicles, the sale of automotive
accessories and related products and the leasing or renting of Motor Vehicles, but shall
not include any other automotive use defined in this By-law.
"AUTOMOTIVE SERVICE ESTABLISHMENT" shall mean a Building and/or land used for
the sale of fuels for Motor Vehicles and may include the servicing, repair, cleaning,
polishing and greasing of Motor Vehicles and the sale of automotive accessories and
related products, but shall not include any other automotive use defined in this By-law.
"AUTOMOTIVE WASHING ESTABLISHMENT" shall mean a Building and land used for
the washing or cleaning of Motor Vehicles by automobile washing equipment with a
capacity greater than five cars per hour, and may include the sale of fuels to Motor
Vehicles, but shall not include any other automotive use defined in this By-law.
"AUTO WRECKING ESTABLISHMENT" shall mean a Building and/or Lot used for the
wrecking or dismantling of Motor Vehicles and for the storage and sale of scrap material,
salvage and parts obtained therefrom, but shall not include any other automotive use
defined in this Bylaw.
"BANK" shall mean any Federally or Provincially chartered financial institution or business.
A "Credit Union" shall mean a corporation incorporated as a credit union or caisse
populaire under The Credit Unions and Caisses Populaires Act, R.S.O., 1980, as
amended.
"BASEMENT" shall mean that portion of a Building which is partly underground, but which
has at least one-half of its height (measured from finished floor to finished ceiling) above
the adjacent Finished Grade.
7
"BED AND BREAKFAST ESTABLISHMENT" shall mean a Home Occupation within a
One-Family Dwelling in which no more than three (3) rooms are made available by a
resident of said Dwelling for temporary accommodation of travellers. Meals or food are
served only to overnight guests. This definition does not include a Hotel, Motel or
Restaurant.
"BEVERAGE ROOM" shall mean a Building or premises, other than a Restaurant, which
is licensed under The Liquor License Act.
"BOARDING HOUSE" - See "Dwelling".
"BUILDING" shall mean any Structure whether temporary or permanent, used or intended
for sheltering any use or occupancy but shall not include a boundary wall, fence, Travel
Trailer, camping trailer, truck camper, Motor Home, or tent.
"BUILDING HEIGHT" shall mean the vertical distance from the Finished Grade level to:
a)
in the case of a flat roof, the highest point of the roof surface or the parapet,
whichever is the higher;
b)
in the case of a mansard roof, the roof deckline; or
c)
in the case of any other roof, the mean height between the eaves and the ridge; but
exclusive of any accessory roof structures such as antenna, chimney, steeple or
tower.
"BUILDING OFFICIAL, CHIEF" shall mean the officer or employee of the Corporation
appointed or constituted under section 3 or 4 of the Building Code Act, R.S.O., 1980 and
having jurisdiction for the enforcement of this Act.
"BUILDING, MAIN" shall mean the Building or Buildings designed and/or intended to
accommodate the principal Use permitted by this By-law.
"BUILDING SETBACK" shall mean the minimum horizontal distance between a Lot Line
and the nearest part of any Building or Structure on the Lot.
"BULK SALES ESTABLISHMENT" shall mean the Use of Land, Building or Structure for
the purpose of buying or selling coal, fuel oil, wood, lumber, building materials, ice or allied
commodities, but does not include any manufacturing, assembling or processing use.
"BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the
Corporation charged with the duty of enforcing the provisions of this By-law.
8
"CAMPING GROUND" shall mean land used for the parking of Travel Trailers, tents or
similar transportable accommodation, but not including a Single Wide Mobile Home or
Double Wide Mobile Home.
"CANOPY" shall mean a roof free of enclosing walls.
"CARPORT" shall mean an Accessory covered Structure attached to the wall of the Main
Building or attached to the wall of a Dwelling Accessory to Agriculture and used for the
storage of passenger Motor Vehicles wherein servicing for profit is not conducted. The
roof of said Structure shall be supported only by piers or columns so that 50% of its wall
area adjacent to the Lot Line is unenclosed.
"CELLAR" shall mean that portion of a Building which is partly or wholly underground and
which has more than one-half of its height (measured from finished floor to finished ceiling)
below the adjacent Finished Grade.
"CEMETERY" shall mean a place for the burial of the dead.
"CHIEF BUILDING OFFICIAL" see "Building Official, Chief".
"CHURCH" shall mean a Building commonly used by any recognized religious
organization for public worship, and may include a rectory or manse, church hall, Day
Nursery or religious school associated with or Accessory thereto.
"CLINIC" shall mean a Building or part thereof, used exclusively by physicians, dentists,
drugless practitioners, their staff and their patients for the purpose of consultation,
diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic
may include administrative offices, waiting rooms, treatment rooms, laboratories,
pharmacies and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms.
"CLUB, PRIVATE" - See "PRIVATE CLUB".
"COMMERCIAL GARAGE" - See "GARAGE, COMMERCIAL".
"COMMERCIAL STORAGE" shall mean the storage for hire or gain of goods,
merchandise, materials or equipment in an enclosed Building other than a Temporary
Building, but shall not include a Warehouse.
"COMMERCIAL USE" shall mean the Use of land, Structure or Building for the purposes
of buying or selling commodities and supplying services, but does not include an Industrial
Use.
"COMMUNITY CENTRE" shall mean land on which may be erected a Building to be used
for community activities, including recreational and Institutional Uses.
9
"CONSERVATION" shall mean the Use of land and/or water for the purpose of planned
management of natural resources.
"CONTRACTOR'S YARD OR SHOP" shall mean any land, building or structure used for
the purpose of storing plant equipment and material or performing shop work or assembly
work by any building trade or other contractor.
"CONVENIENCE STORE" shall mean a Retail Store supplying groceries and other daily
household necessities to an immediate surrounding residential area.
"CONVERTED DWELLING" - See "DWELLING".
"CORNER LOT" - See "LOT".
"CORPORATION" shall mean the Corporation of the Village of Oil Springs.
"COUNCIL" shall mean the Council of the Corporation of the Village of Oil Springs.
"COUNTY" shall mean the Corporation of the County of Lambton.
"COURT" shall mean an open, unoccupied space adjoining a Building, such space being
bounded on two or more sides by walls of the said Building.
"COVERAGE" - See "LOT COVERAGE".
"CREDIT UNION" - See "BANK".
"DANGEROUS GOODS" shall mean explosives, flammable or combustible liquids or
gases, toxic substances, radioactive material, corrosives or any other product or
substance that is considered dangerous to life when handled or transported.
"DAY NURSERY" as defined in the Day Nurseries Act, R.S.O., 1980, as amended, shall
mean a premises that receives more than five (5) children who are not of common
parentage, primarily for the purpose of providing temporary care and/or guidance, for a
continuous period not exceeding twenty-four hours, where the children are under eighteen
years of age in the case of a Day Nursery for children with a developmental handicap and
under ten years of age in all other cases.
"DERELICT MOTOR VEHICLE" shall mean a Motor Vehicle that:
(i)
is inoperable, and;
(ii)
has no market as a means of transportation or, has a market value as a means of
transportation that is less than the costs of repairs required to put it into operable
condition.
10
"DINING ROOM" shall mean that part of a Restaurant, or other Building, which is used for
the consumption of food by persons seated at booths, counters, tables or a combination
thereof.
"DOUBLE-WIDE MOBILE HOME" - See "DWELLING".
"DRIVE-IN RESTAURANT" - See "RESTAURANT, DRIVE-IN".
"DRY CLEANING ESTABLISHMENT" shall mean a Building, or part thereof, in which the
business of dry cleaning, dye drying, cleaning, or pressing of articles or goods of fabric is
carried on, in which only non-combustible and nonflammable solvents are used, which
emits no odours, fumes, noise, or vibration causing a nuisance or inconvenience within or
outside the premises. A dry cleaning establishment may include a self-service dry
cleaning establishment.
"DUPLEX DWELLING" - See "DWELLING".
"DWELLING" shall mean a Building occupied or capable of being occupied exclusively as
a home, residence or sleeping place by one or more persons, but shall not include any
Travel Trailer, Hotel, Motel, Private Garage, a Home for the Aged, Nursing Home,
Hospital, or living quarters for a caretaker, watchman or other person or persons using
living quarters which are accessory to a Non-Residential Use.
a)
"CONVERTED DWELLING" shall mean a Building originally designed, intended
and used as a One-Family Dwelling which has been lawfully altered or converted
so as to provide two (2) or more Dwelling Units, none of which is located in the
Cellar;
b)
"DUPLEX DWELLING" shall mean a Dwelling divided horizontally into two (2)
separate Dwelling Units, each of which has an independent entrance;
c)
"MULTIPLE DWELLING" shall mean a Building on a lot used or designed as a
residence and containing three (3) or more Dwelling Units all of which has access
from a common corridor or hallway. This definition may include a Senior Citizens'
Apartment as defined herein. It shall not, however, include any other Dwelling
otherwise defined herein or specifically named elsewhere in this By-law;
d)
"ONE-FAMILY DWELLING" shall mean a detached Dwelling on a Lot containing
only one (1) Dwelling Unit and occupied by not more than one (1) Family. This
definition shall not include a Single Wide or Double Wide Mobile Home.
e)
"SENIOR CITIZENS' APARTMENT" shall mean the whole of a Dwelling on a Lot
containing three (3) or more separate Dwelling Units financed and/or approved by a
government body.
11
f)
"SEMI-DETACHED DWELLING" shall mean one (1) of a pair of two (2) attached
One-Family Dwellings divided vertically, each of which has an independent
entrance;
g)
"TOWNHOUSE" shall mean the whole of a Dwelling divided vertically into three (3)
or more separate Dwelling Units, each such Dwelling Unit having an independent
entrance directly from outside the Building;
h)
"TRIPLEX DWELLING" shall mean the whole of a dwelling divided horizontally into
three (3) separate Dwelling Units, each such dwelling unit having an independent
entrance from the outside or from a common hallway or stairway inside the building.
i)
"MOBILE HOME, DOUBLE WIDE" shall mean a C.S.A approved factory built
Dwelling occupied or designed for occupancy by one (1) Family on a permanent
basis, towed or designed to be towed in two or more separate sections with each
section on its own chassis and joined together to form one Dwelling Unit and placed
on a permanent foundation with or without a Basement or Cellar and connected or
designed to be connected to Public Utilities, but shall not include a Single Wide
Mobile Home or a Travel Trailer. "MODULAR HOME" shall have a similar
meaning.
j)
"MOBILE HOME, SINGLE WIDE" shall mean a factory built Dwelling occupied or
designed for occupancy by one (1) Family on a permanent basis having a floor
area of not less than sixty-five (65) square metres, designed to be towed on its own
chassis, notwithstanding that its running gear is or may be removed, placed or
designed to be placed on permanent foundations, and connected or designed to
connected to Public Utilities, but shall not include a Double Wide Mobile Home or a
Travel Trailer.
k)
"BOARDING HOUSE" shall mean any Building or part thereof in which the
proprietor resides and supplies for hire or gain to not more than six persons
exclusive of the lessee or owner thereof or members of his family, lodging and/or
meals, but shall not include a Hotel, Motel, Hospital, or Nursing Home.
l)
"GROUP HOME" shall mean a single housekeeping unit in a residential Dwelling in
which three to ten unrelated residents live as a family under responsible
supervision consistent with the requirements of its residents. "Residents" excludes
staff or receiving family. The home is licensed or approved under Provincial Statute
in compliance with municipal by-laws.
"DWELLING UNIT" shall mean a suite of two (2) or more Habitable Rooms, occupied by
not more than one (1) Family, in which sanitary conveniences are provided and in which
facilities are provided for cooking or for the installation of cooking equipment, and with an
independent entrance, either directly from outside the building or from a common corridor
12
inside the building. This definition shall not include a Motor Home, a Private Garage or a
Travel Trailer.
"DWELLING UNIT AREA" shall mean the habitable area contained within the inside walls
of a Dwelling Unit, excluding any Private Garage, Carport, porch, verandah, unfinished
Attic, Cellar or sun room (unless such sun room is habitable in all seasons of the year),
and excluding common hallways, common stairways or other common areas.
"ERECT" shall mean to build, construct, reconstruct or relocate and, without limiting the
generality of the word, also includes:
a)
any preliminary operation such as excavation, infilling or draining;
b)
altering any existing Building or Structure by an addition, enlargement, extension or
other structural change; and
c)
any work which requires a building permit under the Building Code Act, R.S.O.,
1980.
"ESTABLISHED BUILDING LINE" shall mean the average distance from the Street Line of
existing Buildings on one side of one block where more than one-half of the Lots having
Street Access upon the said side or the block have been built upon.
"EXISTING" shall mean existing on the date of passing of this By-law.
"EXTERIOR SIDE YARD" - See "YARD".
"EXTRACTIVE USE" shall mean the Use of land and/or Buildings or Structures for the
removal of gravel, stone, sand, earth, clay, fill, mineral or other similar substance for
construction, industrial or manufacturing purposes; and includes Accessory Uses.
"FAMILY" shall mean one or more persons related by blood, marriage or legal adoption, or
a group of not more then three (3) persons who need not be related by blood, marriage or
legal adoption, living together as a single housekeeping unit. This definition may also
include domestic servants and not more than two (2) roomers or boarders.
"FARM" - See "AGRICULTURE".
"FARM IMPLEMENT SALES ESTABLISHMENT" shall mean land, Structure or Building
used for the display and sales of new and/or used farm implements and includes the
servicing, repair, cleaning, polishing and greasing of farm implements, the sale of
accessories and related products and the leasing or renting of farm implements.
13
"FARM PRODUCE OUTLET" shall mean a Use, Accessory to a Permitted Farm, which
consists of the retail sale of agricultural products produced on the Farm where such outlet
is located.
"FINISHED GRADE" shall mean the median elevation between the highest and lowest
point of the finished surface of the ground measured around the perimeter of the base of a
Building or Structure exclusive of any embankment in lieu of steps.
"FLOOR AREA, GROSS" shall mean the sum total area of the floors excluding internal
Parking Areas in the Building or Buildings on a site measured from the exterior walls or
from the centre line of common walls separating the Buildings provided that where the
floor area is within a roof structure without exterior walls the gross floor area shall be the
area covered by the roof.
or
in the case of a Building other than a Dwelling shall mean the aggregate of the area of all
floors devoted to retail sales, customer service and/or office use measured from the
outside face of exterior walls but shall not include storage, Accessory office space,
mezzanine areas, mechanical rooms, common halls, stairwells, garbage and electrical
rooms, parking structures and similar uses ancillary to the main Use.
"FLOOR AREA, GROUND" shall mean the area of a Building or Structure measured from
the outside of its exterior walls at Grade and exclusive of any attached Accessory Building,
terrace, unenclosed sunroom, porch or verandah.
"FRONTAGE" - See "LOT FRONTAGE".
"FRONT LOT LINE" - See "LOT LINE".
"FRONT YARD" - See "YARD".
"FUNERAL HOME" shall mean a Building or Structure designed for the purpose of
furnishing funeral supplies and services to the public and includes facilities intended for the
preparation of the dead human body for interment or cremation.
"GARAGE, COMMERCIAL" shall mean an establishment or premises where Commercial
Motor Vehicles are stored or where Vehicles are repaired or maintained.
"GARAGE, PRIVATE" shall mean an Accessory Building or Structure, attached to or
detached from a Dwelling, which is fully enclosed and used for the sheltering of Permitted
Vehicles and storage of household equipment incidental to the residential occupancy.
This definition shall not include a Carport or other open shelter.
14
"GARAGE SALE" shall mean a sale held by the occupant of a dwelling unit on his own
premises, of household goods belonging to him and not merchandise which was
purchased for resale or obtained on consignment, subject to the following conditions:
1)
No person shall conduct more than two garage sales per calendar year at one
location.
2)
No garage sale shall exceed two days duration.
"GARDEN CENTRE" shall mean the Use of land, Buildings or Structures for the purpose
of buying, selling and raising plants, shrubs and trees and includes the storage and sale of
Accessory products generally used for landscaping and gardening purposes.
"GASOLINE PUMP ISLAND" shall mean that portion of a Lot where a pump or pumps
used to transfer fuel from storage tanks to Motor Vehicles is (are) situated.
"GASOLINE RETAIL FACILITY" shall mean a premises where the retail sale of fuel or
lubricants for Motor Vehicles constitutes either the sole Use, such as a gas bar, or an
Accessory Use, such as a Gasoline Pump Island. This definition shall not include an
Automotive Service Establishment.
"GENERAL INDUSTRIAL USE" - See "INDUSTRIAL USE".
"GOLF COURSE" shall mean a public or private area operated for the purpose of playing
golf including a par 3 golf course but excluding Golf Driving Tees or Ranges, Miniature
Golf Courses, or combination thereof.
"GOLF COURSE, MINIATURE" shall mean a Use which provides facilities for what is
commonly known as miniature golf but does not include a Golf Driving Tee or Range or a
Golf Course as defined herein.
"GOLF DRIVING TEE OR RANGE" shall mean a Use which provides facilities for the
practising of golf shots but does not include Miniature Golf Courses or Golf Courses as
defined herein.
"GRADE" - See "FINISHED GRADE".
"GRAIN ELEVATOR" shall mean a Building or Structure used for the storage and
transshipment of grain.
"GROSS FLOOR AREA" - See "FLOOR AREA, GROSS".
"GROUP HOME" - See "DWELLING".
15
"GUEST ROOM" shall mean a room or suite of rooms which contain no facilities for
cooking or for the installation of cooking equipment and which is used or designed for gain
or profit by providing accommodation to the travelling or vacationing public.
"HABITABLE ROOM" shall mean a room designed to provide living, dining, sleeping or
kitchen accommodation for persons. This definition shall not include any bathroom,
Private Garage, Carport, porch, verandah, unfinished Attic, unfinished Cellar or unfinished
Basement.
"HOME FOR THE AGED" shall mean a Home for the Aged established or maintained
under the Homes for the Aged and Rest Homes Act, R.S.O., 1980, as amended, or a Rest
Home established and maintained under the same Act.
"HOME OCCUPATION" shall mean any occupation conducted for gain or profit as an
Accessory Use within a permitted Dwelling or a permitted Dwelling Unit and shall include a
Bed And Breakfast Establishment.
"HOSPITAL" shall mean any institution, Building or other premises or place established for
the treatment of persons afflicted with or suffering from sickness, disease or injury or for
the treatment of convalescent or chronically ill persons which is approved under The
Public Hospitals Act, R.S.O., 1980, as amended, as a public hospital. This definition shall
also include a "Private Hospital" which shall mean, as defined in the Private Hospitals Act,
R.S.O., 1980, as amended, a Dwelling in which four (4) or more patients are or may be
admitted for treatment.
"HOTEL" shall mean a Building in which a minimum of six (6) Guest Rooms is provided for
transient lodgers, without private cooking or housekeeping facilities but which may include
Dining and other public rooms, and provided that each Guest Room may only be entered
from the interior of the building.
"INDUSTRIAL USE" shall mean the Use of land, Structures or Buildings for each or any of
the following operations:
a)
the carrying on of any process of manufacture whether or not a finished article
results therefrom;
b)
the dismantling and separating into parts of any article, machinery or Vehicle;
c)
the breaking up of any articles, goods, machinery or Vehicles;
d)
the repairing and servicing of Vehicles, machinery;
and may include:
16
a)
the storage of goods used in connection with or resulting from any of the above
operations;
b)
the provision of amenities for persons engaged in such operations;
c)
the sale of goods resulting from such operations; and
d)
any work of administration or accounting in connection with the undertaking;
and without limiting and generality of the foregoing, includes any industry particularly
defined in this By-law, but does not include a Home Occupation.
"INDUSTRIAL USE, GENERAL" shall mean any Industrial Use other than a Merchandise
Service Shop, a Light Industrial Use, or an Offensive Industrial Use.
"INDUSTRIAL USE, LIGHT" shall mean the use of land, Structure or Building for the
carrying on of any process of manufacture whether or not a finished article results
therefrom, including the repairing and servicing of Vehicles and machinery in which the
processes carried on, the material used or stored, the machinery employed, and the
transportation of materials, goods and commodities to and from the premises will not
cause injury to or prejudicially affect the amenity of the locality by reason of the following
restrictions:
1.
Water useage being restricted to the provision of employee washrooms, the indirect
cooling and pressure testing of equipment, the cleaning of Vehicles and/or
equipment and similar uses ancillary to the manufacturing process.
2.
No effluent discharges or contaminants that may contribute to the biological,
chemical, physical or aesthetic pollution of land, water or air.
3.
No emission of sound of which creates more than a 2dbA increase in the hourly
sound levels measured in any area, and at any critical time, as desingated by a
competent public authority.
"INDUSTRIAL USE, OFFENSIVE" shall mean any business or industry which by reason of
the process involved or the method of manufacture or the nature of the material or goods
used, produced or stored is likely to cause or causes by reason of destructive gas or
fumes, dust, objectionable odour, noise or vibration, or unsightly storage of goods, wares,
merchandise, salvage, junk, waste or other material, a condition which may be or become
hazardous or injurious as regards health or safety or which prejudices the character of the
neighbourhood or interferes with or may interfere with the normal enjoyment of any land,
Building or Structure.
"INTERIOR LOT" - See "LOT".
17
"INTERIOR SIDE YARD" - See "YARD".
"INSTITUTIONAL USE" shall mean the Use of any land and/or Building or part thereof by
a government, educational, charitable or non-profit organization in the carrying out of its
function and without limiting the generality of the foregoing, shall include Libraries,
firehalls, Churches, Hospitals, Schools, Community Centres, Private Clubs and Assembly
Halls.
"KENNEL" shall mean a Building and Yard where dogs and/or cats are bred and raised,
and are sold or kept for sale, or boarded.
"LANDSCAPED OPEN SPACE" shall mean the open, unobstructed space, on a Lot,
accessible by walking from the Street on which the Lot is located and which is suitable for
the growth and maintenance of grass, flowers, bushes, trees and other landscaping. This
definition may include any surfaced walk, patio or similar area but shall not include any
driveway or ramp, whether surfaced or not, nor any curb, retaining wall, or any Parking
Area; nor any open space beneath or within a Building or Structure.
"LANE" shall mean a public thoroughfare which affords only a secondary means of access
for vehicular traffic to abutting Lots and which is not intended for general traffic circulation.
"LAUNDROMAT" shall mean an establishment containing one or more washers, and
could include drying, ironing, finishing and incidental equipment, provided that only water,
soaps and detergents are used and provided that no such operation shall emit any noise
or vibrations which cause a nuisance or inconvenience within or without the premises.
This definition may include a self-service Dry Cleaning Establishment.
"LEASABLE FLOOR AREA" shall mean that portion of the Gross Floor Area of a Building
which is used by a Non-Residential Use defined herein or specifically named elsewhere in
this By-law, but excluding:
a)
any part of such Building used by another Non-Residential Use which is defined
herein or specifically named elsewhere in this by-law;
b)
any part of such Building used as a Dwelling Unit;
c)
any part of such Building used for the parking or storage of Motor Vehicles;
d)
any part of such Building used for equipment to heat such Building or a portion
thereof;
e)
any part of such Building used as a mall, if such mall serves as a common area
between stores; and
f)
the thickness of any exterior walls of such Building.
18
"LIBRARY" shall mean a library, branch library or distribution station to which the
provisions of The Public Libraries Act, R.S.O., 1980, as amended from time to time, apply.
"LIGHT INDUSTRIAL USE" - See "INDUSTRIAL USE".
"LIVESTOCK" shall mean domestic animals kept for use on a farm or raised for sale and
profit.
"LOADING SPACE" shall mean an off street space on the same Lot as the Building, or
contiguous to a group of Buildings, for the temporary parking of a Commercial Motor
Vehicle while loading or unloading merchandise or materials, and which abuts a Street,
Lane, or other appropriate means of access.
"LOT" shall mean land within a registered description of condominium or a parcel of land
or block within a registered plan of subdivision (but not including plans deemed not to be
registered pursuant to Section 49(4) of The Planning Act, 1983) or any land that may be
legally conveyed under the exemption provided in clause (b) of subsection 3 or clause (a)
of subsection 5 of Section 49 of The Planning Act, 1983, or a successor thereof, the
boundaries of which are recorded in the Registry Office for the Registry Division of the
County of Lambton.
a)
"CORNER LOT" shall mean a Lot, situated at the intersection of and abutting upon
two or more Streets, provided that the angle of intersection of such Streets is not
more than one hundred and thirty-five (135) degrees.
b)
"INTERIOR LOT" shall mean any Lot which has a Street Access, other than a
Corner Lot.
c)
"THROUGH LOT" shall mean any Lot having Street Access on two or more Street
Lines, other than a Corner Lot.
"LOT AREA" shall mean the total horizontal area within the Lot Lines of a Lot.
"LOT COVERAGE" shall mean that percentage of the Lot Area covered by the
perpendicular projections onto a horizontal plane of the area of all buildings on the Lot.
"Lot Coverage" shall not include balconies, canopies and overhanging eaves provided
none of the foregoing are less than 2.4 metres above Finished Grade.
"LOT DEPTH" shall mean the horizontal distance between the Front and Rear Lot Lines.
If the Front and Rear Lot Lines are not parallel, "Lot Depth" means the length of a straight
line joining the middle of the Front Lot Line with the middle of the Rear Lot Line. If there is
no Rear Lot Line, "Lot Depth" means the length of a straight line joining the middle of the
Front Lot Line with the apex of the triangle formed by the Side Lot Lines.
19
"LOT FRONTAGE" shall mean the horizontal distance between the Side Lot Lines,
measured perpendicularly from a line joining the middle of the Front and Rear Lot Lines
and at a point thereon, a distance equal to the minimum Front Yard Depth required by this
By-law. Where there is no Rear Lot Line, Lot Frontage shall mean the horizontal distance
between the side lot lines, measured perpendicularly from a line joining the middle of the
Front Lot Line with the apex of the triangle formed by the Side Lot Lines. "Lot Frontage"
shall not include the extent to which a lot abuts the end of a Street, other than a Street
which terminates in a cul-de-sac.
"LOT LINE" shall mean any boundary of a Lot or the vertical projection thereof.
a)
"FRONT LOT LINE" shall mean in the case of an Interior Lot, the line dividing the
Lot from the Street. In the case of a Corner Lot, the shorter Lot Line abutting a
Street shall be deemed the Front Lot Line and the longer Lot Line abutting a Street
shall be deemed an exterior Side Lot Line. In the case of a Through Lot or a
Corner Lot whose exterior Lot Lines are the same length, the Lot Line where the
principal access to the Lot is provided shall be deemed to be the Front Lot Line.
b)
"REAR LOT LINE" shall mean in the case of a Lot having four or more Lot Lines,
the Lot Line farthest from and opposite to the Front Lot Line. If a Lot has less than
four Lot Lines, there shall be deemed to be no Rear Lot Line.
c)
"SIDE LOT LINE" shall mean a Lot Line other than a Front or Rear Lot Line.
"LOT SETBACK" - See "SETBACK".
"LUMBER YARD" shall mean the use of land, Buildings or Structures for the purpose of
buying, selling and storing of wood and wood products and lumber but does not include
any manufacturing or processing uses.
"MAIN WALL" - See "WALL, MAIN".
"MANURE STORAGE AREA" shall mean land, building or structure used for the storage
of manure generated by livestock.
"MERCHANDISE SERVICE SHOP" - See "Service Shop, Merchandise".
"MOBILE HOME" - See "DWELLING".
"MOBILE HOME LOT" shall mean a parcel of land within a Mobile Home Park occupied by
or intended for occupancy by one Double-Wide Mobile Home or one Single-Wide Mobile
Home together with all Yards and open space required by this by-law.
"MOBILE HOME PARK" shall mean a parcel of land containing two or more Mobile Home
Lots and which is under single management and ownership.
20
"MOTEL" shall mean a Building, part of a Building or group of Buildings wherein
accommodation without private cooking or housekeeping facilities is provided for transient
lodgers, but which may include Dining and other public Rooms and provided each Guest
or sleeping Room may be entered from the exterior of the building.
"MOTOR HOME" shall mean a self-propelled vehicle capable of being used for the
temporary sleeping or eating accommodation of persons.
"MOTOR VEHICLE" shall mean an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular power; but does not include the cars of
electric or steam railways or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-
building machine.
"MOTOR VEHICLE, COMMERCIAL" as defined in The Highway Traffic Act, R.S.O., 1980,
as amended, shall mean a Motor Vehicle having permanently attached thereto a truck or
delivery body and includes ambulances, hearses, fire apparatus, buses and tractors used
for hauling purposes on the highway.
"MUNICIPALITY" shall mean the Corporation of the Village of Oil Springs.
"NAVIGABLE WATERWAY" shall mean waterbody deemed as navigable by The
Navigable Waters Protection Act, R.S.C., 1980, or a successor thereof.
"NON-COMPLYING" shall mean a Permitted Use which does not comply with one or more
provisions of this By-law for the Zone in which such Building or Structure is located on the
date of passing of this By-law or amendments thereto.
"NON-CONFORMING" shall mean a lawfully existing Use, Building or Structure prohibited
by this By-law in the Zone in which it is situated.
"NON-RESIDENTIAL USE" shall mean any Building, Structure, or part thereof, other than
a Dwelling.
"NURSING HOME" as defined in The Nursing Homes Act, R.S.O., 1980, as amended,
shall mean any premises maintained and operated for persons requiring nursing care or in
which such care is provided to two (2) or more unrelated persons, but does not include
any premises falling under the jurisdiction of The Homes for the Aged and Rest Homes
Act, R.S.O., 1980, the Private Hospitals Act, R.S.O., 1980, and the Public Hospitals Act,
R.S.O., 1980, as amended.
"OFFENSIVE INDUSTRIAL USE" - See "INDUSTRIAL USE".
"OFFICE" shall mean a Building or part thereof designed, intended or used for the practice
of a profession, the carrying on of a business, the conduct of public administration, or
21
where not conducted on the site thereof the administration of or the accounting in
connection with an industry, but shall not include a Veterinary Establishment, Clinic, a
Retail Store, a Bank, an Industrial Use, a Warehouse, an Assembly Hall or a place of
amusement.
"ONE-FAMILY DWELLING" - See "DWELLING".
"ONE-HALF STOREY" - See "STOREY ONE-HALF".
"OPEN STORAGE" shall mean the storage or display of goods, merchandise, or
equipment outside of a Building or Structure on a Lot or portion thereof.
"PARK" shall mean an area, consisting largely of open space, which may include a
recreational area, playground, playfield or similar use, but shall not include a Mobile Home
Park or Camping Ground.
a)
"PUBLIC PARK" shall mean a Park owned or controlled by the Corporation or by
any Ministry, Board, Commission or Authority established under any statute of
Ontario or Canada.
b)
"PRIVATE PARK" shall mean a Park other than a Public Park.
"PARKING AREA" shall mean an area or Structure provided for the parking of Motor
Vehicles and includes any related aisles, Parking Spaces or driveways, but shall not
include any part of a Street. This definition may include a Private Garage.
"PARKING LOT" shall mean any Parking Area other than a parking area Accessory to a
Permitted Use on the same Lot.
"PARKING SPACE" shall mean a portion of a Parking Area, exclusive of any aisles or
driveways, which may be used for the temporary parking or storage of a vehicle.
"PERMITTED" shall mean permitted by this By-law.
"PERSON" shall mean any human being, association, firm, partnership, corporation, agent
or trustee, and the heirs, executors or other legal representative of a person to whom the
context can apply according to law.
"PERSONAL SERVICE SHOP" - See "SERVICE SHOP, PERSONAL".
"PETROLEUM WELL" as defined by the Petroleum Resources Act, R.S.O. 1980, as
amended shall mean a hole drilled into a geological formation of Cambrian or more recent
age, except a hole where no oil or gas is encountered that is drilled for the production of
fresh water.
22
"PETROLEUM WORK" as defined by the Petroleum Resources Act, R.S.O. 1980, as
amended shall mean a pipe line or a well and every part thereof and adjunct thereto that is
used in the drilling for or the production or storage of oil or gas.
"PLANTING STRIP" shall mean an area which shall be used for no purpose other than
planting a row of trees and/or a continuous unpierced hedgerow of evergreens or shrubs,
not less than 1.5 metres high, immediately adjacent to the Lot Line or portion thereof along
which such planting strip is required herein. The remainder of such planting strip shall be
used for no purpose other than planting shrubs, flowers, grass or similar vegetation.
"PLANTING STRIP WIDTH" shall mean the least horizontal dimension of a Planting Strip
measured perpendicularly to the Lot Line adjoining such Planting Strip.
"PRIVATE CLUB" shall mean a Building or part of a Building used as a meeting place for
members of a chartered organization and shall include a lodge, a fraternity or sorority
house, and a labour union hall.
"PRIVATE GARAGE" - See "GARAGE, PRIVATE".
"PRIVATE PARK" - See "PARK".
"PRIVATE SWIMMING POOL" - See "SWIMMING POOL, PRIVATE".
"PUBLIC PARK" - See "PARK".
"PUBLIC RECREATIONAL USE" shall mean the use of land, water and/or Buildings for
the purpose of Passive Recreation, as defined in this By-law, owned or controlled by the
Corporation or by any Ministry, Board, Commission or Authority established under any
Statute of Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" shall mean a Building, Structure or Lot used for
public services by the Corporation or the County, any local board of either the Corporation
or the County, and Conservation Authority established by the Government of Ontario, any
Ministry or Commission of the Government of Ontario or Canada.
"PUBLIC UTILITY" as defined in the Public Utilties Corporation Act, R.S.O., 1980, as
amended, shall mean any water works, gas works, electric heat, light or power works,
telegraph or telephone lines and works for the transmission of gas, oil, water or electrical
power or energy or any similar works supplying the general public with necessaries or
conveniences.
"REAR LOT LINE" - See "LOT LINE".
"REAR YARD" - See "YARD".
23
"REAR YARD DEPTH" - See "YARD".
"RECREATION, ACTIVE" shall mean the use of land, water and/or Building for the
purpose of organized active leisure activities and shall include an arena, a sports field, and
a Golf Course.
"RECREATION, COMMERCIAL" shall mean the commercial use of land and/or Buildings
for the purpose of recreation or entertainment and shall include a cinema, bowling alley
and the like.
"RECREATION, PASSIVE" shall mean the use of land and/or water for the purpose of
passive leisure activity and shall include a Park, a garden, a picnic area and the like as
well as a playlot with activity equipment for children.
"RENOVATION" shall mean the repair and restoration of land, Building or Structure to
good condition but shall not include its replacement.
"REQUIRED YARD" - See "YARD".
"RESTAURANT" shall mean a Building or part of a Building where food is prepared and
offered or kept for retail sale to the public for consumption either on or off the premises
and includes such uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, dairy
bar, coffee shop, snack bar or refreshment room or stand. This definition shall not include
a Drive-In Restaurant.
"RESTAURANT, DRIVE-IN" shall mean an establishment where food is offered for sale or
sold to the public for consumption, such establishment being designed for consumption of
the food within a Motor Vehicle parked in a permitted Parking Space on the premises of
the establishment.
"REST HOME" shall mean a Building or portion of a Building other than a Public or Private
Hospital with provision for accommodation and amenities for senior citizens in return for
compensation.
"RETAIL STORE" shall mean a Building or part of a Building in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale to the public.
"RETAIL SALES OR SERVICE AREA" shall mean a floor area where goods and/or
services are made available for sale but shall not include storage.
"ROAD" shall mean a Street as defined in this By-law.
"SANITARY SEWER" shall mean a system of underground conduits operated by the
Corporation, another municipality or by the Ministry of the Environment, which carries
sewage to a sewage treatment facility.
24
"SATELLITE DISH" shall mean any Accessory Structure designed to receive
communications signals from satellites.
"STORM SEWER" shall mean a pipe located entirely within the ground and designed,
used, or intended for use for the conveyance of precipitation.
"SCHOOL" shall mean a school under the jurisdiction of the Lambton County Board of
Education, the Lambton County Roman Catholic Separate School Board, or a school
operated on a non-profit basis and under charter granted by the Province of Ontario.
"SEMI-DETACHED DWELLING" - See "DWELLING".
"SERVICE SHOP, MERCHANDISE" shall mean an establishment wherein articles of
goods such as appliances, furniture or similar items may be repaired or serviced. This
definition shall not include any manufacturing operation or establishment used for the
service or repair of Motor Vehicles.
"SERVICE SHOP, PERSONAL" shall mean an establishment wherein a personal service
is performed. This definition may include a barber shop, a beauty salon, a dressmaking
shop, a shoe repair shop, a tailor shop, a photographic studio or similar use.
"SETBACK" shall mean the minimum horizontal distance between a Lot Line and the
nearest part of any Building or Structure on the Lot or the nearest Open Storage use on
the Lot.
"SHOPPING CENTRE" shall mean a group of commercial establishments related in
location, size and type to the trade or residential area it serves and conceived, designed,
developed and managed as an inter-dependent and inter-related unit whether by a single
owner or tenant or by a group of owners or tenants, acting in collaboration.
"SIDE LOT LINE" - See "LOT LINE".
"SIDE YARD" - See "YARD".
"SIDE YARD WIDTH" - See "YARD".
"SIGHT TRIANGLE" shall mean the triangular space formed by the Street Lines of a
Corner Lot and a line drawn from a point in one Street Line to a point in the other Street
Line, each such point being 9 metres from the point of intersection of the Street Lines
(measured along the Street Lines). 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.
"SIGN" shall mean a name, identification, description, device, display or illustration which
is affixed to or represented directly or indirectly upon a Building, Structure or Lot which
25
directs attention to an object, product, place, activity, person, institute, organization or
business.
"SINGLE-FAMILY DWELLING" - See "DWELLING".
"SINGLE-WIDE MOBILE HOME" - See "DWELLING".
"STOREY" shall mean that portion of a Building or Structure between any floor level of
such Building and the floor, ceiling or roof next above such floor level. In the case of a
Dwelling, this definition shall not include:
a)
an Attic, if such attic contains no habitable rooms; or
b)
a Basement, if such basement contains no habitable rooms; or
c)
a Cellar.
"STOREY, ONE-HALF" shall mean that portion of a Building situate wholly or partly within
the roof and in which there is sufficient space to provide a height between finished floor
and finished ceiling of at least 2.29 metres over a floor area equal to at least 50% of the
area of the floor next below.
"STREET" shall mean a public thoroughfare which has been constructed in such a
manner so as to permit its use by normal vehicular traffic, which is open on a year-round
basis and which is under the jurisdiction of either the Corporation, the County or the
Province of Ontario. This definition shall not include any Lane or private right-of-way.
"STREET ALLOWANCE" shall have a corresponding meaning.
"STREET ACCESS" shall mean, when referring to a Lot, that such Lot has a Lot Line or
portion thereof which is also a Street Line.
"STREET LINE" shall mean the limit of the Street Allowance and is the dividing line
between a Lot and a Street.
"STRUCTURE" shall mean anything that is erected, built or constructed of parts joined
together or requiring a foundation to hold it erect, but shall not include free standing walls
and fences.
"SWIMMING POOL, PRIVATE" shall mean a structure located on privately owned
property, used and maintained for the purpose of swimming or wading.
"TAVERN" shall mean a tavern as defined by The Liquor Licenses Act, R.S.O., 1980, as
amended from time to time.
26
"TEMPORARY BUILDING" shall mean a Building or Structure intended for removal or
demolition within a prescribed time not exceeding two years as set out in a building permit.
"THROUGH LOT" - See "LOT".
"TRAVEL TRAILER" shall mean a Structure or Vehicle designed, intended and used
exclusively for travel, recreation and vacation and which is either capable of being drawn
by a passenger Vehicle or is self-propelled, and shall include tent trailers, vans, Motor
Homes and similar transportable accommodation excepting a Single or Double Wide
Mobile Home.
"TRAVEL TRAILER SALES ESTABLISHMENT" shall mean land and/or Building used for
the display for sale of Travel Trailers and includes the servicing, repair, cleaning, polishing
and greasing of such vehicles and the sale of accessories and related products and the
leasing or renting of such vehicles, but does not include an Automotive Sales
Establishment as defined in this By-law.
"TRUCK TRANSPORT TERMINAL" shall mean a Building, Structure, or Lot used for the
parking, repairing, or dispatching of Commercial Motor Vehicles or trailers (as defined by
The Highway Traffic Act, R.S.O., 1980, Chapter 198, as amended from time to time).
"USE" when used as a noun, shall mean the purpose for which a Lot, Building or
Structure, or any combination thereof is designed, arranged, occupied or maintained.
"USES" shall have a corresponding meaning.
"UTILITY" - See "PUBLIC UTILITY".
"UTILITY SERVICE BUILDING" shall mean a Building used in connection with the
supplying of Public Utilities including a water and sewage pumping station, a water storage
reservoir, a gas regulator building, a hydro sub-station, a telephone exchange building or
similar buildings.
"VEHICLE" shall mean an automobile, a boat, a Commercial Motor Vehicle, a farm
implement, a motorcycle, a snowmobile or a Travel Trailer.
"VETERINARY ESTABLISHMENT" shall mean a Building and/or land where animals,
birds or other livestock are treated by a veterinary surgeon and may be kept for the
duration of the treatment.
"WALL, MAIN" shall mean an outside wall of a Building which supports a roof and shall
include a wall under a gable end.
"WAREHOUSE" shall mean a Building and/or enclosed land or part of a Building and/or
enclosed land used or intended to be used for the storage and display of goods,
27
merchandise or materials, and may include the carrying out of commercial transactions
involving the sale of such goods, merchandise and materials solely by wholesale.
"WASTE DISPOSAL SITE" as defined in Section 24 of the Environmental Protection Act
shall mean any land or land covered by water upon, into, in or through which, a building or
structure in which, waste is deposited or processed and any machinery or equipment or
operation required for the treatment or disposal of waste.
"WAYSIDE PIT" or "WAYSIDE QUARRY" means a temporary pit or quarry opened and
used by a public road authority solely for the purpose of a particular project or contract of
road construction and not located on the road right-of-way.
"YARD" shall mean a space, appurtenant to a Building or Structure, located on the same
Lot as the Building or Structure, and which space is open, uncovered and unoccupied from
the ground to the sky except for such Accessory Buildings, Structures or Uses as are
specifically permitted elsewhere in this By-law.
a)
"FRONT YARD" shall mean a Yard extending across the full width of the Lot
between the Front Lot Line of the Lot and the nearest part of any Main Building on
the Lot.
b)
"FRONT YARD DEPTH" shall mean the least horizontal dimension between the
Front Lot Line of the Lot and the nearest part of any Building or Structure on the
Lot, or the nearest Open Storage Use on the lot.
c)
"REAR YARD" shall mean a Yard extending across the full width of the Lot
between the Rear Lot Line of the Lot and the nearest part of any Main Building on
the Lot. If there is no Rear Lot Line, there shall be deemed to be no Rear Yard.
d)
"REAR YARD DEPTH" shall mean the least horizontal dimension between the
Rear Lot Line of the Lot and the nearest part of any Building or Structure on the Lot,
or the nearest Open Storage Use on the Lot.
e)
"SIDE YARD" shall mean a Yard extending from the Front Yard to the Rear Yard
and from the Side Lot Line of the Lot to the nearest part of any Main Building on the
Lot. In the case of a Lot which has no Rear Lot Line, the Side Yard shall extend
from the Front Yard to the opposite Side Yard.
f)
"SIDE YARD WIDTH" shall mean the least horizontal dimension between the Side
Lot Line of the Lot and the nearest part of any Building or Structure on the Lot, or
the nearest Open Storage Use on the Lot.
g)
"EXTERIOR SIDE YARD" shall mean a Side Yard immediately adjoining a Street.
h)
"INTERIOR SIDE YARD" shall mean a Side Yard other than an Exterior Side Yard.
28
i)
"REQUIRED YARD" shall mean a Yard with the minimum Front Yard Depth, Rear
Yard Depth, or Side Yard Width required by the provisions of this By-law. A
required Side Yard shall extend from the required Front Yard to the required Rear
Yard, or in the case of a Lot which has no Rear Lot Line, the required Side Yard
shall extend from the required Front Yard to the opposite required Side Yard.
"ZONE" shall mean a designated area of land use shown on Schedule 'A' hereto.
29
SECTION 4 - ZONES
4.1
ESTABLISHMENT OF ZONES
For the purpose of this by-law the Village of Oil Springs is divided into the following defined
areas herein referred to as zones:
Section Number
Zone Name
Symbol
10.1
Residential
R.1
10.2
Residential
R.2
11.1
Mobile Home Park
MHP.1
12.1
General Commercial
C.1
12.2
Highway Commercial
C.2
13.1
Industrial
M.1
13.2
Industrial
M.2
14.1
Agricultural
A.1
15.1
Open Space
OS.1
16.1
Hazard Land
HL.1
4.2
USE OF SYMBOLS
The symbols listed in subsection 4.1 may be used to refer to any of the uses of land,
buildings and structures permitted by this by-law in the said zones and whenever in this
by-law the word "zone" is used, preceded by any of the said symbols, such zone shall
mean any area delineated on the Zoning Map and designated thereon by the said symbol.
4.3
APPLICATION OF ZONES
No person shall, within any of the zones defined in the bylaw and delineated on the Zoning
Map hereto appended, erect or use any building or structure, or use any land in whole or
part except in such manner and for such purposes as are set forth in this by-law.
30
SECTION 5 - ZONING MAPS
5.1
INCORPORATION OF ZONING MAP
The location and boundaries of the zones established by this by-law are shown on the
Zoning Map hereto appended, which is hereby incorporated in and declared to form part of
this by-law.
5.2
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various zones as shown on
the Zoning Map, the following provisions shall apply:
a)
Street, Lane, Right-of-Way, or Watercourse
Unless otherwise shown, a street, lane, railway right-of-way, electrical transmission line
right-of-way, creek or watercourse shall be included within the zone of the adjoining
property on either side thereof and where such street, lane, right-of-way, creek or water
course serves as a boundary between two or more different zones, the centre line of such
street, lane, right-of-way, creek or watercourse extending in the general direction of the
long dimension thereof, shall be deemed to be the boundary between zones.
b)
Lot Lines
Where any zone boundary is not shown to be a street, lane, right-of-way, creek or
watercourse, and where the boundary approximately follows lot lines, such lot lines shall
be deemed to be the zone boundary.
c)
Closed Street, Lane or Right-Of-Way
In the event a street, lane or right-of-way and the limits of any portion thereof is closed, the
property formerly within such street, lane or right-of-way shall be included within the zone
adjoining the property, and where such street, lane, or right-of-way was a zone boundary,
the new zone boundary shall be the former centre line of the closed street, lane or right-of-
way.
d)
Scale From Zoning Map
Where any zone boundary is left uncertain after application of the provisions of Section 5.2
a), b) and c) of this by-law, then the boundary shall be determined by scale from the
Zoning Map.
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SECTION 6 - GENERAL PROVISIONS
SUPPLEMENTARY USE PROVISIONS
6.1
USES PERMITTED IN ALL ZONES
The following uses are permitted in all zones within the Corporation:
6.1.1 Services and Utilities
Despite any other provisions of this By-law the County of Lambton, the Corporation of the
Village of Oil Springs, and any Ministry of the Government of Canada or Province of
Ontario may for the purpose of the public service, use any land or any building or structure
in any zone in spite of the fact that such use of any building or structure does not conform
with the provisions of this By-law for such zone. Any telephone or telegraph company and
Ontario Hydro shall comply with the provisions of this By-law only insofar as such uses are
for administrative or office purposes.
6.1.2 Utility Service Buildings and Non-Recreational Public Uses
Utility Service Buildings and Non-Recreational Public Uses exclusive of sanitary landfill
areas, incinerators and works yards, are permitted in all zones. Where such use is located
in any Residential Zone:
- it shall comply with the provisions for such Zone;
- there shall be no Open Storage;
- any buildings or structures erected or used shall be designed, maintained and
used in a manner compatible with Residential buildings of the type permitted in
said Zone.
6.1.3 Public Recreational Uses
Parks, Community Centres and golf courses operated by or for the Village of Oil Springs
including uses accessory thereto.
6.1.4 Construction Uses
Any sheds, scaffolds or other structures incidental to building construction on the premises
for so long as the same is necessary for work in progress.
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6.1.5 Pipelines
Nothing in this by-law shall prevent the use of any land for any gas, oil, brine or other liquid
or gaseous product transmission or distribution pipeline and appurtenances thereto.
6.1.6 Petroleum Well And Petroleum Work
Nothing in this By-law shall prevent the use of any land for any "Petroleum Well" or
"Petroleum Work" subject to the regulations of the Petroleum Resources Act, R.S.O. 1980,
as amended.
6.2
USES PROHIBITED IN ALL ZONES
Unless specifically permitted in this By-law, all uses, including the following uses, are
specifically prohibited and shall be permitted only by amendment to this By-law:
a)
The making or establishment of an Extractive Use.
b)
Offensive industrial uses including the boiling of blood, tripe or soap, tanning of
hides and skins and other similar uses which under The Public Health Act, R.S.O.,
1980, Chapter 409, Section 130, as amended, or regulations thereunder may be
declared by the local Board of Health or Council to be a noxious or offensive trade,
business or manufacture.
c)
The operation of year round, privately owned travel trailer camps or privately owned
camping grounds, but not including the operation of mobile home parks as defined
in this By-law.
d)
Auto Wrecking Establishment.
e)
The outdoor keeping or storage of any derelict motor vehicle.
f)
A track for the racing or testing of automobiles, snowmobiles, motorcycles, or any
motorized vehicle.
6.3
NON-CONFORMING USES
This By-law acknowledges that:
Section 34(9) of The Planning Act, 1983, provides that no by-law passed under this
section applies:
a)
to prevent the use of any land, building or structure for any purpose prohibited by
the by-law if such land, building or structure was lawfully used for such purpose on
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the day of the passing of the by-law, so long as it continues to be used for that
purpose; or
b)
to prevent the erection or use for a purpose prohibited by the by-law of any building
or structure for which a permit has been issued under Section 5 of the Building
Code Act, prior to the day of the passing of the by-law, so long as the building or
structure when erected is used and continues to be used for the purpose for which
it was erected and provided the permit has not been revoked under Section 6 of the
Building Code Act.
Furthermore, Section 34(10) provides as follows:
c)
Despite any other provision of this Section, any by-law passed under this Section or
a predecessor of this Section may be amended so as to permit the extension or
enlargement of any land, building or structure used for any purpose prohibited by
the by-law if such land, building or structure continues to be used in the same
manner and for the same purpose as it was used on the day such by-law was
passed.
6.4
RESTORATION OF NON-CONFORMING USES
a)
Where in any Zone a dwelling or agricultural building exists as a legal non-
conforming land use and the said dwelling or agricultural building is destroyed by
fire or natural disaster, this by-law does not prevent the reconstruction of said
dwelling or agricultural building to its prior dimensions at its exact prior location.
Should the exact prior location be impossible to build upon for legal, technical or
insurance reasons, then the location may be adjusted only to the extent necessary
to overcome such reasons.
b)
Where in any Zone, any building or structure exists as a legal non-conforming land
use other than a dwelling, or agricultural building, which has been damaged to the
extent of more than sixty percent of the structure (exclusive of walls below grade)
as at the date of damage and as determined by fair building standards, shall not be
reconstructed except in conformity with the permitted uses and provisions of this
by-law for the zone in which it is located.
c)
Subject to the provisions of subsection b), nothing in this by-law shall prevent the
strengthening or restoration to a safe condition of any Non-Conforming Use,
building or structure provided that such repair or restoration will not increase the
height, size or volume or change the use of such building or structure.
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6.5
NON-COMPLYING USES
a)
Rebuilding or Repair Permitted
Nothing in this By-law shall prevent the rebuilding or repair of a Non-Complying
Use, building or structure that is destroyed by fire or natural disaster provided that
such Non-Complying Use, building or structure is reconstructed to its prior
dimensions at its exact prior location and provided that the use of the said building
or structure is not altered. Should the exact prior location be impossible to build
upon for legal, technical or insurance reasons, then the location may be adjusted
only to the extent necessary to overcome such reasons.
b)
Strengthening to a Safe Condition
Nothing in this By-law shall prevent the repair or restoration to a safe condition of
any Non-Complying use, building or structure provided that such repair or
restoration does not further contravene any of the provisions of this By-law.
c)
Additions And Accessory Uses Permitted
Nothing in this By-law shall prevent an addition to a Non-Complying Use, building
or structure, provided that such addition does not further contravene any of the
provisions of this By-law.
ii)
Nothing in this By-law shall prevent the erection or enlargement of buildings,
structures and uses accessory to a Non-Complying Use, building or
structure, provided that such erection or enlargement does not further
contravene any of the provisions of this By-law.
6.6
DWELLING UNITS
6.6.1 Yard Provisions For Non-Residential Buildings
Where a dwelling unit is located in a Non-Residential building, such dwelling unit
shall comply with the yard provisions of this by-law which apply to the said Non-
Residential building.
6.6.2 Cellar Location
No dwelling in its entirety shall be located in a cellar.
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6.6.3 Basement Location
A dwelling unit, in its entirety, may be located in a basement, provided that the
finished floor level of such basement is not below the level of any sanitary sewer or
storm sewer serving the building in which such basement is located.
6.7
LOT DEVELOPMENT REQUIREMENTS
6.7.1 Frontage on a Street
No lot shall be used and no building on a lot erected or used unless the lot abuts or
fronts on a street.
6.7.2 More than One Use on a Lot
When a lot contains more than one use, each such use shall conform to the
provisions of this by-law for such use in the zone where it is located.
6.7.3 More Than One Zone on a Lot
When a lot is divided into more than one zone, excluding the (HL.1) Zone each
such portion of the lot shall be used in accordance with the provisions of this by-law
for the applicable zones.
6.7.4 Number of Main Buildings on a Residential Lot
No lot shall be occupied by more than one (1) main building in any Residential
Zone.
6.8
Home Occupations
No home occupation shall be permitted in any zone unless such use complies with
the following provisions:
i)
No person other than a member of the family, as defined in this By-law, and
not more than two persons not residing on the premises shall be employed
except as is necessary for housekeeping purposes.
ii)
No more than 1 physician, dentist or drugless practitioner shall practice in a
Clinic where such clinic constitutes a home occupation. Such physician,
dentist or drugless practitioner shall reside in the dwelling unit, where such
clinic is located.
iii)
A sign shall be permitted in accordance with Section 7.9 of this By-law.
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iv)
Not more than 25% of the gross floor area of the dwelling shall be
exclusively devoted to the home occupation.
v)
The home occupation shall be clearly secondary to the main residential use
and shall not change the residential character of the dwelling or the lot.
vi)
There shall be no open storage or display of materials, containers or finished
products.
vii)
The use shall not create or become a public nuisance in regard to noise,
traffic, parking or interference with radio or television reception.
viii)
Except as provided for in Section 6.8(ix) of this By-Law, the Home
Occupation shall not require the creation of additional on-site parking spaces
unless the said Home Occupation occupies more than 56 square metres of
the Dwelling Unit Area. If such is the case, one parking space shall be
provided for every 28 square metres exclusively devoted to the Home
Occupation.
ix)
A Bed And Breakfast Establishment shall require 1 parking space per guest
room. A clinic shall require 5 parking spaces or 1 parking space for every 28
square metres exclusively devoted to the clinic whichever is the greater.
6.9
Group Homes
Group Homes as defined in this By-law shall be separated by a minimum distance
of 1,976 metres.
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SECTION 7 - GENERAL PROVISIONS
SUPPLEMENTARY SITE AND BUILDING REGULATIONS
7.1
YARD ENCROACHMENTS
a)
Architectural Features
The projection of window sills, chimneys, cornices, eaves, gutters, and
similar architectural features shall be permitted to project into any required
yard a maximum distance of 0.5 metres.
b)
Outdoor Heating and Air Conditioning Units
An outdoor heating or air conditioning unit may project into any required yard
a maximum distance of 1 metre.
c)
Porches
An enclosed or unenclosed porch may project into any required front or rear
yard a maximum distance of 2 metres excluding eaves.
d)
Unenclosed Balconies & Steps
Unenclosed balconies and steps may project into any required front or rear
yard a maximum of 1.2 metres.
e)
Building in Built-Up Areas
Where a building is to be erected within a built-up area where there is an
established building line, as defined in this By-law, such building may be
erected closer to the street line than required by this By-law provided that
such building is not erected closer to the street line than the established
building line.
7.2
ACCESSORY USES
7.2.1 Uses Permitted
Where this by-law provides that land may be used for a building or structure or may
be erected or used for a purpose, that purpose shall include any accessory
building, structure or use, but shall not include any of the following uses:
a)
any occupation for gain or profit conducted within or accessory to a dwelling
unit; nor
38
b)
any building used for human habitation except as specifically permitted in
this by-law.
7.2.2 Lot Coverage and Height
The total lot coverage of all accessory uses on a lot in any Residential Zone shall
not exceed 10% of the lot area nor shall the height of any accessory building or
structure exceed 4.5 metres.
7.2.3 Structures Permitted in all Yards
Despite any other yard provisions of this by-law, drop awnings, flag poles, garden
trellises, fences, retaining walls, legal signs, or similar accessory uses shall be
permitted in any yard.
7.2.4 Yards
All accessory uses shall comply with the yard provisions of the zone in which such
accessory use is located, except that in any Residential Zone, an accessory use
shall comply with the following provisions:
i)
Except as otherwise provided for in any Residential Zone, an accessory
building or structure which is not attached to the main building shall not be
erected in any yard other than the interior side yard or rear yard.
ii)
No detached accessory building or structure shall be located closer than 1.2
metres to the main building on the same lot.
iii)
An attached accessory building or structure may be erected in a front yard or
exterior side yard provided it is not located in a required yard and provided
that it is constructed of the same type of material as the main building and is
of similar design.
iv)
When an accessory building or structure is located in an interior side yard, it
shall be no closer than 1 metre to the interior side lot line except where a
mutual private garage is erected on the common lot line between two lots, in
which case no interior side yard is required.
v)
When an accessory building or structure is located in the rear yard, no rear
yard is required except in the case where the rear lot line is the side lot line
of the adjoining lot, in which case such accessory use shall be located no
closer than 1 metre to that portion of the rear lot line which adjoins the
interior side lot line of the adjoining lot.
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vi)
Where the exterior side lot line of a corner lot is essentially a continuation of
the front lot line of an adjoining lot, then no accessory building or structure
shall be located closer to such side lot line than the minimum front yard
setback on such adjoining lot, nor shall such accessory building or structure
be erected closer than 1.2 metres to the side lot line of the adjoining lot.
7.2.5 Satellite Dishes
i)
A Satellite Dish, as defined in this By-law, that is erected in a Residential (R)
Zone shall only be permitted in a Rear Yard.
ii)
A Satellite Dish may be erected in the General Commercial (C.1) Zone
provided it is located:
a)
in a rear yard, a minimum setback of 3 metres from a side or rear lot
line; or
b)
a minimum setback of 3 metres from any Main Wall when it is erected
on any building or structure.
7.3
HEIGHT RESTRICTIONS
The height provisions of this by-law shall not apply to the following:
an air conditioner duct;
a belfry;
a chimney;
a church spire;
a clock tower;
an elevator penthouse;
a farm building;
a flag pole;
a grain elevator;
a non-commercial radio antenna;
a non-commercial television antenna;
a farm silo;
a water tower.
7.4
SPECIAL BUILDING SETBACKS
a)
No building or structures erected after the date of passing of this by-law shall
be located closer than 15 metres from the top of the bank of any open
drainage ditch or natural watercourse, and not closer than 7.5 metres to a
storm sewer.
40
b)
On any corner lot in any zone other than the General Commercial (C.1)
Zone, no building or structure shall be erected closer to the front and side lot
line so that any portion of the said building or structure extends beyond a
line connecting two points equidistant 9 metres from the point of intersection
of the said lot lines.
7.5
OPEN STORAGE REGULATIONS
a)
Minimum Setbacks
i)
The minimum setback from any front, side or rear lot line of any
permitted open storage in any zone shall be no less than the respective
minimum front, side or rear yard of the zone in which the said open
storage is located, unless otherwise specified hereinafter.
ii)
In any lot in an Industrial (M) Zone where any side or rear lot lines abut
a lot in the same zone as the zone in which the said lot is located, no
minimum setback from said side or rear lot line shall be required.
b)
Parking
Any areas used for permitted open storage shall be in addition to and
separate from such areas as may be required by this by-law for the provision
of off-street parking spaces.
c)
Lighting
Where lighting facilities are provided in conjunction with any permitted open
storage, such lighting shall be so arranged as to deflect light onto the open
storage area and away from any adjoining properties.
d)
Screening
Any portion of a lot used for open storage in an Industrial (M) Zone shall be
enclosed by a fence constructed of solid materials at least 2.5 metres in
height if such industrial use abuts any residential, institutional or open space
land use.
7.6
PLANTING STRIPS
7.6.1 Required Location
Where a lot is for a Non-Residential purpose and:
a)
the interior side lot line or rear lot line abuts any Residential use or
undeveloped land in a Residential Zone; or
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b)
where such lot is in an Industrial Zone and the front, side or rear lot line
abuts a street line and the opposite street line abuts any Residential use or
undeveloped land in any Residential Zone.
then the land adjoining such abutting lot line or street line shall be used for no
purpose other than a planting strip in accordance with the provisions of this
subsection.
7.6.2 Width
Where, in any zone, land is required to be used for no purpose other than a
planting strip, it shall have a minimum width of 3 metres, measured perpendicularly
to the lot line adjoining such planting strip.
7.6.3 Height
The minimum height of a planting strip shall be 1.5 metres.
7.6.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a planting strip it shall be permissible to
interrupt the planting strip within 3 metres of the edge of such driveway or within 1.5
metres of such walk.
7.6.5 Landscaped Open Space
A planting strip may form part of any landscaped open space required by this by-
law.
7.7
EXTERNAL BUILDING MATERIALS
The following building materials shall not be used for the exterior facing on any wall
of any building or structure within the Corporation:
a)
tar paper;
b)
building paper;
c)
asphalt roll-type siding;
d)
roll roofing;
e)
mill ends.
7.8
SIGHT TRIANGLES
Within any area defined as a sight triangle, the following uses shall be prohibited:
42
a)
any vegetation, building, structure, or fence the top of which exceeds 1
metre in height above the elevation of the centre line of any adjoining street.
b)
a finished grade within the area of the sight triangle, which exceeds the
elevation of the street line by more than 60 centimetres.
7.9
SIGNS
a)
Nothing in this by-law shall apply to prevent the erection, alteration or use of
any sign, provided such sign complies with the by-laws of the Corporation
regulating signs and provided such sign complies with the provisions of this
by-law regarding sight triangles.
b)
Signs that are lawfully erected and maintained, directly related to, and
pertinent to the function of any of the permitted uses of this by-law are
permitted; provided that in any Residential Zone only the following shall be
permitted:
i)
One non-illuminated real estate sign having a maximum area of 0.5
square metres advertising the sale, rental or lease of the building,
structures of lot upon which the sign is displayed.
ii)
One non-illuminated sign having a maximum area of 0.3 square
metres displaying the name and address of a doctor, dentist, drugless
practitioner, or person engaged in a permitted home occupation,
residing on the lot on which the sign is displayed.
iii)
One non-illuminated sign having a maximum area of 5 square metres
advertising the name and particulars of a subdivision or similar
development project provided such sign shall be removed upon
completion of the project.
7.10
PRIVATE SWIMMING POOLS
A private swimming pool shall not be considered as part of the lot coverage.
Fences surrounding private swimming pools shall comply with the by-laws of the
Corporation regulating such fences.
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SECTION 8 - PARKING AREA REGULATIONS
8.1
REQUIREMENTS
a)
The owner or occupant of every building or structure erected or used for any
of the purposes hereinafter set forth except for existing buildings, structures
or uses in the C.1 Zone, shall provide and maintain for the sole use of the
owner, occupant, or other persons entering upon or making use of the said
premises from time to time, one or more parking spaces each such parking
space having a minimum width of 2.7 metres, and minimum length of 6.1
metres, in accordance with the following:
TYPE OF USE
MINIMUM PARKING SPACE
REQUIRED
Boarding House
1 parking space per dwelling unit, plus 1
parking space per guest room.
Group Home
1 parking space per staff member.
Multiple Dwelling
1.5 parking spaces per dwelling unit
except that, for a senior citizens'
apartment the minimum requirement shall
be 1 parking space per 2 dwelling units.
Rest Home
1 parking space per dwelling, plus 1
parking space per 2 guest rooms.
Mobile Home located in a Mobile
2 parking spaces per mobile home.
Home Park
Townhouse
1.5 parking spaces per dwelling unit.
Other Residential Uses permitted by this 1 parking space per dwelling
By-law
NON-RESIDENTIAL USES:
Assembly Hall, Auditorium
1 parking space for every 8 fixed seats
plus 1 parking
Community Centre
space for each 18.5 square metres of
gross floor area (excluding area occupied
by fixed seatings).
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Automotive Repair Establishment
3 parking spaces per staff member.
TYPE OF USE
MINIMUM PARKING SPACE
REQUIRED
Automotive Sales Establishment
1 space per 30 square metres gross floor
area plus 1 space per 10 motor vehicles
on display.
Automotive Service Establishment
5 spaces per working bay.
Automotive Washing Establishment
i)
Self-Service Operation
4 parking spaces per wash stall
ii)
Conveyor Operation
8 parking spaces per wash stall.
Bank
1 parking space per 37 square metres of
gross floor area.
Beverage Room
1 parking space per 4 persons permitted
capacity.
Church
1 parking space per 10 square metres of
gross floor area.
Clinic
The greater of:
a)
5 parking spaces per practitioner;
or
b)
1 parking space per 18.5 square
metres of gross floor area.
Day Nursery
1 parking space per staff member.
Funeral Home
1 parking space for every 5 fixed seats
and 1 space for every 5 square metres
floor area where non-fixed seating can be
made available for chapel purposes; or 1
space for every 5 square metres of floor
area devoted to reposing rooms,
whichever is the greater.
Hospital, Nursing Home
0.75 parking spaces per bed.
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Hotel
1 parking space per bed plus 1 parking
space per 20 square metres of communal
eating or entertainment area.
TYPE OF USE
MINIMUM PARKING SPACE
REQUIRED
Industrial Use
1 parking space for each 55 square
metres of gross floor area up to 2,800
square metres and 1 parking space for
each 280 square metres of gross floor
area in excess of 2,800 square metres.
Library
1 parking space for each 37 square
metres of gross floor area.
Motel
1.25 parking space per unit plus 1
parking space per 20 square metres of
communal eating or entertainment area.
Office
1 parking space per 37 square metres of
ground floor
area, plus one space for each 70 square
metres of remaining gross floor area.
Private Club
1 parking space for every 8 fixed seats
and/or 1 space for each 18.5 square
metre of gross floor area (excluding areas
occupied by fixed seating).
Commercial Recreation
The greater of:
a)
1 parking space per 14 square
metres of gross floor area.
b)
1 parking space per 4 persons
design capacity of the
establishment.
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Restaurant
The greater of:
a)
1 parking space per 14 square
metres of gross floor area; or
b)
1 parking space per 4 persons
design capacity of the dining
room.
Restaurant, Drive-In
10 parking spaces per lot.
TYPE OF USE
MINIMUM PARKING SPACE
REQUIRED
Retail Store, Merchandise
1 parking space per 37 square metres of
ground floor
Service Service Shop
plus 1 space for each 70 square metres
of remaining gross floor area.
School
1.5 parking spaces per classroom, or
teaching area.
Shopping Centre
1 parking space per 28 square metres of
gross floor area.
Tavern
1 parking space for each 5 square metres
of gross floor area accessible to the
public and devoted exclusively to such
uses.
Veterinarian Establishment
1 parking space for each 28 square
metres of gross floor area.
Warehouse
5 parking spaces minimum for the first
1,858 square metres of gross floor area
and 1 parking space for each additional
300 square metres of gross floor area.
Other Non-Residential Uses
1 parking space per 37 square permitted
in this By-law metres of gross floor area.
b)
Parking spaces shall be provided at the time of construction according to the
provisions of this By-law.
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c)
If calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next higher whole number.
8.2
ADDITION TO EXISTING USE
When an existing building or structure has insufficient parking spaces at the date of
passing of this By-law to comply with the requirements herein, this By-law shall not
be construed to require that the deficiency be made up prior to the construction of
any addition. In the case of the expansion or enlargement of an existing building or
structure, the requirement for provision of additional parking spaces shall be based
on said expansion or enlargement, provided that no additional parking shall be
required in the case of expansion or enlargement which does not exceed ten (10)
per cent of the gross floor area of the building or structure as it existed on the date
of the passing of this By-law.
8.3
CHANGE OF USE
Where a change of permitted uses takes place in a Commercial Zone within an
existing building or structure no additional parking facilities shall be required
provided that:
i)
no existing parking spaces are lost due to the change;
ii)
the previous use was not residential;
iii)
the gross floor area is not increased.
In the case of an increase in gross floor area, the provisions of Section 8.2 shall
apply.
8.4
More Than One Use on a Lot
When a building, structure or lot accommodates more than one type of use the
parking space requirement for such building, structure or lot shall be the sum of the
requirements for the separate uses thereof.
8.5
LOCATION
The required parking area shall not form a part of any street or lane. The required
parking area shall be provided on the lot occupied by the building, structure or use
for which said parking area is required, except in the case of a Non-Residential use,
the required parking area may be provided on another lot if such parking area is not
more than 150 metres from the lot requiring the parking area.
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8.6
YARDS WHERE PERMITTED
Despite any yard provisions of this By-law to the contrary, uncovered surface
parking areas shall be permitted in all yards provided that no part of any parking
area, other than a driveway, is located closer than the minimum required front yard
depth to any street line.
8.7
ACCESS TO PARKING
a)
Location
The minimum distance between a driveway and the intersection of street lines
measured along the street line intersected by such driveway shall be 9 metres.
b)
Width
Access to the required parking spaces and parking areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres but not more
than 9 metres in width. In the case of a driveway with combined ingress and
egress, the maximum width shall be 9 metres measured along the street line.
c)
Aisles
The aisles between parking spaces within a parking area shall have a minimum
width of 6 metres.
d)
Angle of Intersection
The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
e)
Number of Driveways
Every lot shall be limited to the following number of driveways:
i)
two driveways, with a combined width not exceeding 30% of the lot frontage,
for the first 30 metres of lot frontage or portion thereof; and
ii)
one additional driveway for each additional 30 metres of lot frontage.
8.8
SURFACE
For any commercial, industrial or institutional use, each parking area and driveway
connecting the parking area and driveway connecting the parking area with a street
shall be paved with an asphaltic, concrete or tar and chip surface and be bounded
49
by curbs. For any residential structure containing up to three (3) dwelling units,
gravel, or any surface listed above is permitted for a parking area surface. For any
residential structure containing more than three (3) dwelling units the parking area
shall be surfaced with an asphaltic, concrete or tar and chip surface.
8.9
AUTOMOBILE MOVEMENT LANES FOR AUTOMOTIVE WASHING
ESTABLISHMENT
a)
Automatic automotive washing establishments shall have on their premises
sufficient space for the storage and movement of at least 5 automobiles in
advance of the 3 automobiles at the terminus of each wash line.
b)
Self-service automotive washing establishments shall have on their
premises sufficient space for the storage and movement of at least 3
automobiles in advance of and 1 automobile at the terminus of each wash
stall.
8.10
RESTRICTIONS IN RESIDENTIAL ZONES
a)
No Commercial Motor Vehicle that carries dangerous goods as defined in this
by-law shall be parked or stored in any Residential Zone.
b)
No commercial motor vehicle with a capacity for carrying a load weighing
more than one (1) tonne, shall be parked or stored in any Residential Zone.
c)
The parking or storage of a boat, snowmobile, travel trailer or motor home is
permitted in any residential zone provided that none of the above are parked
or stored in a sight triangle, a required parking space, a front yard or exterior
side yard. Where a boat, snowmobile, travel trailer or motor home is parked
or stored in an interior side yard or rear yard it shall comply with the setbacks
imposed on accessory buildings and structures as stated in Section 7.2.4 of
this By-law.
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SECTION 9 - LOADING SPACE REGULATIONS
9.1
SPACES REQUIRED
The owner or occupant of any lot, building or structure erected or used for any
purpose, involving the receiving, shipping, loading or unloading of persons,
animals, goods, wares, merchandise or raw materials, shall provide and maintain at
the premises, facilities for loading. Loading spaces shall measure at least 9 metres
long, 3.5 metres wide and have a vertical clearance of at least 4.5 metres.
Loading spaces shall be required in accordance with the following:
GROSS FLOOR AREA OF
MINIMUM NUMBER OF LOADING
BUILDING OR STRUCTURE
SPACES REQUIRED
i)
more than 280 square metres
1 to 2,800 square metres
ii)
more than 2,800 square metres
2 to 5,600 square metres
Each additional 2,800 square metres of gross floor area will require the addition of
one additional loading space.
9.2
ADDITION TO EXISTING USE
When an existing building or structure has insufficient loading space at the date of
passing of this By-law to comply with the requirements herein, this By-law shall not
be construed to require that the deficiency be made up prior to the construction of
any addition. In the case of the expansion or enlargement of an existing building or
structure, the requirement for the provision of loading spaces shall be based on
said addition.
No additional loading spaces shall be required where an addition does not exceed
10% of the gross floor area of the building or structure as it existed on the date of
the passing of this By-law.
9.3
LOADING SPACES AS PARKING SPACES
Any loading space required in accordance with the provisions of Section 9.1 of this
By-law may be used as a parking space and may form part of the parking
requirements of Section 8.1 of this By-law provided said loading space does not
form part of any lane.
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9.4
LOCATION
The required loading space shall be provided on the lot occupied by the building or
structure for which the said loading spaces are required and shall not form a part of
any street or lane.
9.5
ACCESS
Access to loading spaces shall be by means of a driveway at least 6 metres wide
contained within the lot on which the spaces are located.
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SECTION l0 - RESIDENTIAL (R) ZONES
10.1
RESIDENTIAL (R.l) ZONE
10.1.1 Permitted Uses
a)
One-Family Dwelling
b)
Duplex Dwelling
Semi-Detached Dwelling
c)
Day Nursery
Home Occupation
Garage Sale
Institutional Use
d)
Group Home
e)
Church, School, Park
f)
Buildings, structures and uses accessory to a permitted use.
10.1.2 Site Regulations
a)
Lot Area:
460 square metres minimum
b)
Lot Frontage:
15 metres minimum
c)
Front Yard Depth:
6 metres
d)
Side Yard Width:
6 metres minimum for an exterior side
yard; 1.2 metres minimum (one side) and
2.4 metres minimum (other side) for an
interior side yard, provided however, that
where there is an attached garage or
carport, the minimum interior side yard
width (each side) shall be 1.2 metres.
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
30% maximum for all buildings and
structures
g)
Landscaped Open Space:
30% minimum
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10.1.3 Site Regulations - Duplex Dwelling, Semi-Detached Dwelling
a)
Lot Area:
Duplex Dwelling
550 square metres minimum
Semi-Detached Dwelling
275 square metres minimum
b)
Lot Frontage:
Duplex Dwelling
18 metres minimum
Semi-Detached Dwelling
9 metres minimum
c)
Front Yard Depth:
6 metres minimum
d)
Side Yard Width:
6 metres minimum for an exterior side
yard; 1.2 metres minimum (one side) and
2.4 metres minimum (other side) for an
interior side yard or 0 metres for one side
of a semi-detached dwelling where there
is a common wall provided however, that
where there is an attached garage or
carport, the minimum interior side yard
(abutting such garage or carport) shall be
1.2 metres.
e)
Rear Yard Depth:
7.5 metres minimum.
f)
Lot Coverage:
30% maximum.
g)
Landscaped Open Space:
30% minimum.
10.1.4 Building Regulations
a)
Height:
10 metres maximum; 4.5 metres
maximum for an accessory building or
structure.
b)
Gross Floor Area:
80 square metres for a one-storey
dwelling; 70 square metres minimum on
the ground floor for other than a one
storey dwelling; 70 square metres
minimum for each dwelling unit in a
duplex dwelling; 55 square metres on the
ground floor for other than a one-storey
semi-detached dwelling.
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10.1.5 R.1-1 Exception 1 to the Residential - 1 Zone (B/L 720/2016)
Permitted Uses
a)
All permitted uses in an R1 Zone
b)
That the total accessory coverage is increased to 16.7 % (232.8 square
metres) and that the maximum height for the detached accessory garage is
increased to 5.64 metres.
Special Provisions
a)
No part of the detached accessory garage is to be used for human
habitation or for any commercial activity including the storage of commercial
goods.
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10.2
RESIDENTIAL (R.2) ZONE
10.2.1 Permitted Uses
a)
Multiple dwelling
Senior Citizen's Apartment
Townhouse
b)
One-Family Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Converted Dwelling
Triplex Dwelling
c)
Bed and Breakfast Establishment
Boarding House
Group Home
d)
Day Nursery
Home Occupation
Garage Sale
e)
Church, School, Park
Institutional Use
f)
Building, structures and uses accessory to a permitted use.
10.2.2 Site Regulations - Multiple Dwelling, Senior Citizen's Apartment and Townhouse
a)
Lot Area:
900 square metres minimum for the first
three dwelling units and a further 100
square metres minimum for each
additional dwelling unit.
b)
Lot Frontage:
30 metres minimum
c)
Front Yard Depth:
7.5 metres minimum
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d)
Side Yard Width:
7.5 metres minimum for an exterior side
yard, 10 metres minimum for an interior
side yard or 2.4 metres minimum for an
interior side yard provided such interior
side yard abuts an end wall containing no
habitable room windows and provided
that the interior side yard does not abut
an R.1 Zone.
e)
Rear Yard Depth:
10 metres minimum or 2.4 metres
minimum if the rear lot line abuts an end
wall containing no habitable room
windows and provided that the rear lot
line does not abut an R.1 Zone.
f)
Lot Coverage:
40% maximum
g)
Landscaped Open Space:
30% minimum.
10.2.3 Site Regulations - Triplex Dwelling, Duplex Dwelling and Semi-Detached Dwelling
a)
Lot Area:
Triplex dwelling:
650 square metres minimum
Duplex dwelling:
550 square metres minimum
Semi-Detached dwelling:
275 square metres minimum
b)
Lot Frontage:
Triplex dwelling:
20 metres minimum
Duplex dwelling:
18 metres minimum
Semi-Detached Dwelling: 9 metres minimum
c)
Front Yard Depth:
6 metres minimum
d)
Side Yard Width:
Triplex dwelling:
6 metres minimum for an exterior side
yard; 2.4 metres minimum (one side) and
5 metres minimum (other side) for an
interior side yard
Duplex dwelling,
Semi-Detached dwelling:
6 metres minimum for an exterior side
yard; 1.2 metres minimum (one side) and
57
2.4 metres minimum (other side) for an
interior side yard or 0 metres for one side
of a semi-detached dwelling where there
is a common wall, provided however, that
where there is an attached garage or
carport, the minimum interior side yard
width (each side) shall be 1.2 metres.
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
40% maximum
g)
Landscaped Open Space:
30% minimum.
10.2.4 Site Regulations - Other Permitted Uses
a)
Lot Area:
460 square metres minimum
b)
Lot Frontage:
15 metres minimum
c)
Front Yard Depth:
6 metres minimum
d)
Side Yard Width:
6 metres minimum for an exterior side
yard; 1.2 metres minimum (one side) and
2.4 metres minimum (other side)
provided however, that where there is an
attached garage or carport, the minimum
interior side yard width (each side) shall
be 1.2 metres.
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
40% maximum
g)
Landscaped Open Space:
30% minimum.
10.2.5 Building Regulations
a)
Height:
Multiple dwelling
Senior Citizen's Apartment 13 metres maximum
Triplex dwelling
Other permitted uses:
10 metres maximum
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b)
Dwelling Unit Area:
Multiple Dwelling,
Senior Citizen's Apartment 42 square metres minimum
c)
Gross Floor Area:
Other permitted uses:
80 square metres minimum for a one-storey dwelling; 70 square metres
minimum on the ground floor for other than a one storey dwelling; 70 square
metres minimum for each unit in a duplex dwelling; 55 square metres on the
ground floor for other than a one storey semi-detached dwelling or
townhouse unit; 55 square metres minimum per dwelling unit in a converted
dwelling or triplex dwelling.
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SECTION 11 - MOBILE HOME PARK (MHP) ZONES
11.1
MOBILE HOME PARK (MHP.1) ZONE
11.1.1 Permitted Uses
a)
Single Wide Mobile Home
Double Wide Mobile Home
Mobile Home Park
b)
Home Occupation
Garage Sale
Park
c)
Mobile Home Sales Area accessory to a Mobile Home Park
d)
Buildings, structures and uses accessory to a permitted use.
11.1.2 Site Regulations - Mobile Home Park-
a)
Lot Area:
2 hectares minimum
b)
Lot Frontage:
20 metres minimum
c)
Front Yard Depth:
15 metres minimum
d)
Side Yard Width:
3 metres minimum
e)
Rear Yard Depth:
3 metres minimum
f)
Landscaped Open Space:
5% minimum
11.1.3 Site Regulations - Mobile Home Lot
a)
Front Yard Depth:
4.5 metres minimum
b)
Side Yard Width:
3 metres minimum (each side) or 1 metre
minimum where there is an attached
carport or garage
c)
Rear Yard Depth:
3 metres minimum
d)
Lot Coverage:
35% maximum
e)
Landscaped Open Space:
20% minimum.
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11.1.4 Supplementary Site Regulations
a)
Internal Roads: Each mobile home lot shall abut an internal access
road which shall have a dust-free surface and shall have a minimum
width of 5.5 metres
b)
Foundation: Each mobile home shall be located on a concrete pad or
other permanent foundation
c)
Density: A maximum of 109 mobile homes shall be permitted within
the mobile home park and only (1) mobile home shall be permitted
per mobile home lot.
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SECTION 12 - COMMERCIAL () ZONES
12.1
GENERAL COMMERCIAL (C.1) ZONE
12.1.1 Permitted Uses
Within the C.1 Zone no land shall be used and no building erected or used except
for one or more of the following permitted uses:
a)
Assembly Hall
Auditorium
Bank
Beverage Room
Church
Clinic
Commercial Use
Community Centre
Convenience Store
Dining Room
Dry Cleaning Establishment
Dwelling Unit located above or behind a permitted commercial use
Funeral Home
Home Occupation
Institutional Use
Laundromat
Merchandise Service shop
Office
Parking Area
Parking Lot
Personal Service Shop
Private Club
Public Recreational Use
Public Use, Non-Recreational
Recreation, Commercial
Recreation, Passive
Restaurant
Retail Store
Shopping Centre
Tavern;
b)
Buildings, structures and uses accessory to a permitted use.
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12.1.1 Site Regulations
a)
Lot Area:
no minimum
b)
Lot Frontage:
5 metres minimum
c)
Front Yard Depth:
0 metres minimum except where a lot to
be built upon is bounded on two sides by
lots already built upon, then the required
minimum front yard depth shall be equal
to the average of the existing front yard
depth on the adjoining lots.
d)
Side Yard Width:
3 metres minimum where a side lot line
abuts any Residential Zone.
e)
Rear Yard Depth:
0 metres where the rear yard abuts a
lane or street or 3 metres minimum in all
other cases.
12.1.3 Building Regulations
a)
Height:
11 metres maximum
b)
Dwelling Unit Area:
42 square metres minimum
12.1.4 Site and Building Regulations - Residential Buildings in Existence on the date of
Adoption of this By-law
a)
The minimum lot area and frontage, the minimum front and rear yard
depths, the minimum side yard widths, the maximum lot coverage
and the maximum building height shall be as they lawfully existed on
the date of adoption of this By-law.
b)
The foregoing shall not apply to prevent the erection or enlargement
of accessory buildings or the enlargement, construction, repair or
renovation of a main building provided such erection, enlargement,
repair or renovation is in conformity with the regulations set forth in
the residential (R.2) Zone.
12.1.5 In addition to the permitted uses of Subsection 12.1.1 above, a "Commercial
Storage" use shall be permitted, in accordance with the provisions pertaining to the
C.1 Zone, for those lands zoned General Commercial (C.1-1). Lands within the
C.1-1 Zone shall not permit the storage of the following substances: coal, oil, rock
oil, fuel oil, benzine, gasoline, dynamite, dualine, nitroglycerine or gunpowder,
63
petroleum or any other combustible, inflammable, volatile or otherwise dangerous
liquids, gases or materials. (B/L 295/2000)
12.1.6 In addition to the permitted uses of Subsection 12.1.1 above, an "Automotive
Repair Establishment" use shall be permitted, in accordance with the provisions
pertaining to the C.1 Zone, for those lands zoned General Commercial (C.1-2).
Lands within the C.1-2 Zone shall permit a building and/or land used for servicing,
repair, cleaning, polishing and greasing of Motor Vehicles and may include vehicle
repair and re-painting but shall not include any other automotive use defined in this
By-law. (B/L 364/04)
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12.2
HIGHWAY COMMERCIAL (C.2) ZONE
12.2.1 Permitted Uses
Within the C.2 Zone no land shall be used and no building erected or used except
for one or more of the following permitted uses:
a)
Agricultural Supply Establishment
Laundromat
Auction Hall
Lumber Yard
Automotive Repair Establishment
Merchandise Service shop
Automotive Sales Establishment
Motel
Automotive Service Establishment
Office accessory to a permitted
use
Automotive Washing Establishment
Open Storage
Bulk Sales Establishment
Parking Area
Commercial Garage
Restaurant
Commercial Storage
Travel Trailer Sales Establishment
Commercial Use
Truck Transport Terminal
Convenience Store
Veterinary Establishment
Drive-In Restaurant
Warehouse
Dry Cleaning Establishment
Dwelling Unit accessory to: a convenience store, drive-in restaurant, dry
cleaning establishment, garden centre, kennel, laundromat, motel,
restaurant and veterinary establishment
Farm Implement Sales Establishment
Garden Centre
Gasoline Retail Facility
Golf Driving Tee or Range
Kennel
b)
Buildings, structures and uses accessory to a permitted use.
12.2.2 Site Regulations
a)
Lot Area:
900 square metres minimum
b)
Lot Frontage:
25 metres minimum
c)
Front Yard Depth:
15 metres minimum, 7.5 metres for a
gasoline pump island.
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d)
Side Yard Width:
15 metres minimum for an exterior side
yard; 3 metres minimum for an interior
side yard provided however, that where
an interior side yard abuts any
Residential Zone, the minimum interior
side yard width shall be 7.5 metres.
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
50% maximum
g)
Landscaped Open Space:
10% minimum
h)
Planting Strip:
see Section 7.6 for requirements.
12.2.3 Building Regulations
a)
Height:
11 metres maximum.
b)
Dwelling Unit Area:
42 square metres minimum.
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SECTION 13 - INDUSTRIAL (M) ZONES
13.1
INDUSTRIAL (M.1) ZONE
13.1.1 Permitted Uses
Within the M.1 Zone no land shall be used and no building erected or used except
for one or more of the following permitted uses:
a)
Automotive Repair Establishment
b)
Light Industrial Use
c)
One-Family Dwelling of an owner, caretaker, or employee accessory to a
permitted use.
d)
Buildings, structures and uses accessory to a permitted use.
13.1.2 Site Regulations
a)
Lot Area:
1,800 square metres minimum
b)
Lot Frontage:
30 metres minimum
c)
Front Yard Depth:
15 metres minimum
d)
Side Yard Width:
0 metres where a side lot line abuts a lot
in any Industrial Zone. 15 metres
minimum for an exterior side yard or
where a side lot line abuts any
Residential, or Open Space Zone. 3
metres minimum in all other cases.
e)
Rear Yard Depth:
0 metres where a rear lot line abuts a lot
in any Industrial Zone. 15 metres
minimum where a rear lot line abuts any
Residential or Open Space Zone. 3
metres minimum in all other cases.
f)
Lot Coverage:
50% maximum
g)
Open Storage:
see Section 7.5 for requirements
h)
Planting Strips:
see Section 7.6 for requirements
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i)
Landscaped Open Space:
10% minimum
13.1.3 Building Regulations
a)
Height:
one storey maximum
13.2
Industrial (M.2) Zone
13.2.1 Permitted Uses
Within the M.2 Zone no land shall be used and no building erected or used except
for one or more of the following permitted uses:
a)
Petroleum Well and Petroleum Work subject to the regulations of the
Petroleum Resources Act, R.S.O., 1980 as amended.
b)
Agriculture including a maximum of two accessory one-family
dwellings.
c)
Buildings structures and uses accessory to a permitted use.
13.2.2 Site Regulations - Agricultural Uses and Accessory Dwellings, Buildings and
Structures
a)
Lot Area:
40 hectares minimum
b)
Lot Frontage:
150 metres minimum
c)
Front Yard Depth:
30 metres minimum
d)
Side Yard Width:
3 metres minimum; or 15 metres
minimum for an exterior side yard
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
20% maximum for all buildings and
structures.
13.2.3 Site Regulations - Other Permitted Uses
See Section 13.1.2 for requirements.
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13.2.4 Building Regulations - One-Family Dwellings
a)
Height:
10 metres maximum; 4.5 metres
maximum for an accessory building
b)
Gross Floor Area:
80 square metres minimum for a one-
storey dwelling, 70 square metres
minimum on the ground floor for other
than a one-storey dwelling.
13.2.5 Minimum Distance Separation
a)
No new animal operation or manure storage area is permitted within 300
metres of a one-family dwelling not accessory to an agricultural use and any
lands zoned R.1, R.2, MHP.1, C.1, C.2, and OS.1.
b)
No new one-family dwelling not accessory to an agricultural use is permitted
closer than 200 metres to an existing animal operation or manure storage
area.
c)
Expansion of an existing animal operation is permitted provided that said
animal operation or manure storage area is no closer than 150 metres from
a one-family dwelling not accessory to an agricultural use.
d)
No animal operation or manure storage area is permitted within 60 metres of
a front, side or rear lot line. Expansion of an existing animal operation that
contravenes this clause is permitted provided that the setback from a front,
side or rear lot line is not further reduced, and provided that all other
requirements of this By-law are met.
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SECTION 14 - AGRICULTURAL (A) ZONES
14.1
AGRICULTURAL (A.1) ZONE
14.1.1 Permitted Uses
a)
Agriculture, including a maximum of two accessory one-family dwellings.
b)
Antennae
Conservation
Home Occupation
One-Family Dwelling
Veterinary Establishment
c)
Buildings, structures and uses accessory to a permitted use.
14.1.2 Site Regulations - Agricultural Uses and Accessory Dwellings, Buildings and
Structures
a)
Lot Area:
40 hectares minimum
b)
Lot Frontage:
150 metres minimum
c)
Front Yard Depth:
30 metres minimum
d)
Side Yard Width:
3 metres minimum; or 15 metres
minimum for an exterior side yard
e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
20% maximum for all buildings and
structures.
14.1.3 Site Regulations - Other Permitted Uses Including Dwellings Not Accessory to
Agriculture
a)
Lot Area:
2,300 square metres minimum
b)
Lot Frontage:
45 metres minimum
c)
Front Yard Depth:
20 metres minimum
d)
Side Yard Width:
3 metres minimum; or 15 metres
minimum for an exterior side yard
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e)
Rear Yard Depth:
7.5 metres minimum
f)
Lot Coverage:
30% maximum
14.1.4 Building Regulations - One-Family Dwellings
a)
Height:
10 metres maximum; 4.5 metres
maximum for an accessory building
b)
Gross Floor Area:
80 square metres minimum for a one-
storey dwelling, 70 square metres
minimum on the ground floor for other
than a one-storey dwelling.
14.1.5 Minimum Distance Separation
a)
No new animal operation or manure storage area is permitted within 300
metres of a one-family dwelling not accessory to an agricultural use and any
lands zoned R.1, R.2, MHP.1, C.l, C.2, and OS.1.
b)
No new one-family dwelling not accessory to an agricultural use is permitted
closer than 200 metres to an existing animal operation or manure storage
area.
c)
Expansion of an existing animal operation is permitted provided that said
animal operation or manure storage area is no closer than 150 metres from
a one-family dwelling not accessory to an agricultural use.
d)
No animal operation or manure storage area is permitted within 60 metres of
a front, side or rear lot line. Expansion of an existing animal operation that
contravenes this clause is permitted provided that the setback from a front,
side or rear lot line is not further reduced, and provided that all other
requirements of this By-law are met.
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SECTION 15 -OPEN SPACE (OS) ZONES
15.1
OPEN SPACE (OS.1) ZONE
15.1.1 Permitted Uses
a)
Active Recreation
Passive Recreation
Community Centre
Park
Public Recreational Use
b)
Buildings, structures and uses accessory to a permitted use.
15.1.2 Site Regulations
a)
Front Yard Depth:
7.5 metres minimum
b)
Side Yard Width:
7.5 metres minimum
c)
Rear Yard Depth:
7.5 metres minimum
d)
Lot Coverage:
30% maximum
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SECTION 16 - HAZARD LAND (HL) ZONES
16.1
HAZARD LAND (HL.1) ZONE
16.1.1 Permitted Uses
a)
Active Recreation
Agriculture, exclusive of buildings or structures
Conservation
Passive Recreation.
16.1.2 Prohibited Uses
The erection of buildings or structures except:
1)
those required for flood and erosion control purposes;
2)
those required for the safety of persons living in or adjacent to the
Hazard Land Zone.
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This By-law shall come into force and effect on the day of its-passing pursuant to Section
34(19) or Section 34(31) of the Planning Act, 1983.
Read a first and second time this day of , 1986.
READ A THIRD TIME AND FINALLY PASSED THIS " day of , 1986.
Reeve
Clerk
74
STATUS OF BY-LAWS
NO.
DATE PASSED
PURPOSE
STATUS
B/L 295/00
June 24/86
Jerry & Grant Kersey
Plan 2, Range 1, Pt Lts 15 & 16
& Plan 2, Range 2, Pt Lts 14, 15 & 16
From C.1 to C.1-1 (site specific zoning)
B/L 364/04
April 13/04
Scott & Kelly Druiett
Pt 2 of RP 25R-6551, Part Lot 16, Con 3
4580 Oil Springs Line
From C.1 to C1-2 (site specific zoning)
B/L 510/09
July 7, 2009
Paul Smith
Pt Lts 15 & 16, Plan 2, Range 1
From R.2 to C.1
B/L 527/10
January 19, 2010
Meadowview Estates c/o Wilco Kanters
Lot 24 & Pt Lt 35, Plan 21
2761 Oil Heritage Road
From A.1 to R.1 & MHP.1 to R.1
B/L 720/16
June 7, 2016
Wayne & Betty Strevel
4776 Aniline Street
R1 to R1-1