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SECTION 3 - DEFINITIONS
For the purpose of this By-law, the definitions and interpretations provided in this
section shall govern.
ABATTOIR means a slaughter-house designed for the purpose of killing animals.
skinning, dressing and cutting up of carcasses, wrapping for sale for human
consumption with cooler and freezer storage, and may include indoor confinement of
animals while awaiting slaughter, but shall not include the manufacturing of meat by-
products or any process related to rendering plants such as the manufacture of tallow,
grease, glue, fertilizer, or any other inedible product.
ACCESSORY BUILDING OR STRUCTURE means a detached building or structure that
is not used for human habitation and the use of which is customarily incidental and
subordinate to a principal use, building or structure and located on the same lot
therewith.
ACCESSORY USE means a use customarily incidental and subordinate to, and
exclusively devoted to the main use of the lot, building or structure and located on the
same lot as such main use.
ADULT ENTERTAINMENT ESTABLISHMENT means any premises or part thereof in
which is provided, on a commercial basis, erotic services, goods or entertainment as
defined in Section 154 Subsection 2 of the Ontario Municipal Act, R.S.O. 2006 c.32,
Schedule A.s.82.
AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, rock or other material prescribed under the Aggregate
Resources Act.
AGGREGATE PROCESSING PLANT means equipment for the crushing, screening or
washing of aggregate, but does not include a concrete batching plant or an asphalt
plant.
AGRICULTURE/AGRICULTURE USE means the growing of crops including nursery,
biomass, and horticultural crops; raising of livestock; raising of other animals for food,
fur or fiber including poultry or fish; aquaculture; apiaries; agroforestry; maple syrup
production; and associated on-farm buildings and structures, including, but not limited
to, livestock facilities, manure storages, value-retaining facilities and seasonal
accommodation for full-time farm labour when the size and nature of the operation
requires additional employment, but shall not include Cannabis Production and
Processing. [Amended by Approved By-law Nos. 2019-76 and 2021-18]
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AGRICULTURE-RELATED USES means farm-related commercial and farm-related
industrial uses that are directly related to farm operations in the area, support
agriculture, benefit from being in close proximity to farm operations, and provide direct
products and/or services to farm operations as a primary activity.
AIR TREATMENT CONTROL shall mean the functional use of industrial grade
multistage carbon filtration system, or similar technology, to reduce and/or treat the
emission of pollen, dust, and odours expelled from a facility and sized accordingly in
comparison to the facility it serves as designed by a qualified person.
ALTER means, when used in reference to a building or part thereof, 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 decrease the width, depth, or area thereof or to decrease the
width depth or area of any required yard, setback, landscaped open space or parking
area, or to change the location of any boundary of such lot with respect to a public
highway or laneway, whether such alteration is made by conveyance of any portion of
said lot, or otherwise. The words "altered" and "alteration" shall have a corresponding
meaning.
ARENA means a building, or part of a building, in which the principal facilities provided
are for such recreational activities as curling, skating, hockey, lacrosse, broomball, or
similar athletic activity, which facilities may include dressing rooms, concession booths,
bleachers, plant equipment for the making of artificial ice and such other facilities as
are normally considered incidental and subordinate hereto.
ASPHALT PLANT means a facility with equipment designed to heat and dry
aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving
material, and includes stockpiling and storage of bulk materials used in the process.
ASSEMBLY HALL means a building, in which facilities are provided for such purposes
as meetings for civic, educational, political, religious or social purposes and shall include
a banquet hall, private club, auditorium, arena, gymnasium or other similar facility or
use.
ATTACHED means a building otherwise complete in itself, which depends for
structural support or complete enclosure, upon a division wall or walls shared in
common with an adjacent building or buildings.
ATTIC means the portion of a building situated between the roof and the ceiling of the
top storey, which is not a one-half storey.
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AUCTION BARN means any premises used predominantly as a livestock auction facility
and may include the auction of agriculturally related chattels on an incidental or
accessory basis only.
AUDITORIUM means a building, structure or premises 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.
BASEMENT means one or more storeys of a building located below the first storey.
BED AND BREAKFAST ESTABLISHMENT means a single detached dwelling in
which a maximum of three (3) guest rooms are made available for rent to the travelling
or vacationing public. Such establishment may offer meals to those persons
patronizing the establishment. A bed and breakfast establishment shall not include an
eating establishment, hotel, motel or any other form of tourist establishment.
BIOMASS means the weight or total quantity of living organisms of one animal or plant
species (species biomass) or of all the species in a community (community biomass),
commonly referred to a unit area or volume of habitat.
BOARDING, LODGING OR ROOMING HOUSE means a single detached dwelling
house, containing not more than four guest rooms, in which the proprietor supplies
lodging, with or without meals, in return for monetary compensation. For the purposes
of this By-law a boarding or rooming house shall not include a motel, hotel, bed and
breakfast establishment, group home, hospital or any other similar use defined or
classified herein. A Boarding, Lodging or Rooming House shall be permitted only by
amendment to this By-law.
BOAT DOCKING AND LAUNCHING FACILITY means a structure used to take a boat
into or out of a waterbody or watercourse or to moor a boat. This definition shall
include a boat launching ramp, boat lift or dock but shall not include a boat house nor
any building used for human habitation or any boat servicing, repair or sales facility.
BOAT HOUSE means a detached accessory building, or structure which is designed
or used for the sheltering of a boat or other form of water transportation and may
include storage of household equipment incidental to the residential use permitted on
the lot but shall not include any areas for human habitation or sanitary plumbing.
BUILDING means a structure having a roof, supported by columns or walls or
supported directly on the foundation and used for the shelter or accommodation of
persons, animals or goods.
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BUILDING BY-LAW means a By-law passed by the Corporation pursuant to the
Ontario Building Code Act, and Regulations passed thereunder, as amended.
BUILDING PERMIT means a building permit issued under the authority of the
Ontario Building Code Act by the Chief Building Official of the Corporation of the
Township of Otonabee-South Monaghan under the Building By-law.
BUILDING SUPPLY OUTLET means a building or structure in which building or
construction and home improvement materials are offered or kept for sale at retail or
wholesale and may include the fabrication of certain products related to home
improvements and also includes a lumber yard.
BULK FUEL STORAGE TANK means a tank for the bulk storage of petroleum,
gasoline, diesel or other fuels, oil, gas, propane or flammable liquid or fluid but does
not include a container for flammable liquid or fluid legally and properly kept in a retail
store or a tank for storage merely incidental to some other use of the premises where
such tank is located.
BUNKHOUSE "BUNKIE", please refer to CABIN, SLEEPING
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE means a building or
part of a building in which one or more persons are employed in the management,
direction or conducting of a business or where professionally qualified persons and
their staff serve clients or patients who seek advice, consultation or treatment and for
the purposes of this By-law may include the administrative offices of a non-profit or
charitable organization.
BY-LAW means the Corporation of the Township of Otonabee-South Monaghan
Comprehensive Zoning By-law.
BY-LAW ENFORCEMENT OFFICER means an officer or employee of the Corporation
of the Township of Otonabee-South Monaghan for the time being charged with the
duty of enforcing the provisions of this By-law of the Corporation.
CABIN means a detached building or structure for sleeping accommodation in
association with a Tourist Establishment.
CABIN, SLEEPING means a detached accessory building or structure located on the
same lot as the primary structure, and shall only be used for sleeping accommodation
in which no sanity facilities and/or cooking facilities shall be permitted.
CAMPING PARK means a tourist trailer park owned and operated by the Corporation
or the County, any local board of either the Corporation or the County, any
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Conservation Authority established by the Government of Ontario, or any Ministry or
Commission of the Government of Ontario or Canada.
CAMPING SITE means that part of a trailer park or camp which is intended to be
occupied by a single trailer, motor home, truck camper, camper or tent.
CANNABIS shall mean a genus of flowering plants in the family Cannabaceae.
Synonyms include but are not limited to marijuana, and marihuana. This definition
does not include the industrial or agricultural production of hemp (a source of
foodstuffs [hemp milk, hemp seed, hemp oil], fiber and biofuels).
CANNABIS PRODUCTION AND PROCESSING means lands, buildings or structures
used for producing, processing, testing, destroying, packaging and/or shipping of
cannabis authorized by an issued license or registration by the Federal Minister of
Health, pursuant to the Cannabis Regulations, SOR/2018-144, to the Cannabis Act,
SC 2018, c 16, the Controlled Drugs and Substances Act, SC 1996, c 19 and the Food
and Drugs Act, RSC 1985, c F-27, as amended from time to time, or any successors
thereto. A subclass of Cannabis Production and Processing is defined as follows:
CANNABIS MICRO-CULTIVATION means buildings or structures used for
producing cannabis where the area for cultivation does not exceed 200 square
metres (the area in which all plants and part of plants must be contained), as
authorized by an issued license or registration by the Federal Minister of Health,
pursuant to the Cannabis Regulations, SOR/2018-144, to the Cannabis Act, SC
2018, c 16, the Controlled Drugs and Substances Act, SC 1996, c 19 and the
Food and Drugs Act, RSC 1985, c F-27, as amended from time to time, or any
successors thereto".
CARPORT means a portion of a dwelling house which is a roofed enclosure designed
for the storage or parking of a motor vehicle with at least 40 percent of the total
perimeter, which shall include the main wall of the dwelling house to which such
carport is attached, open and unobstructed.
CARTAGE OR TRANSPORT DEPOT means a building, structure or place where
trucks or tractor trailers are rented, leased, kept for hire, or stored or parked for
remuneration, or from which trucks or transports, stored or parked on the property, are
dispatched for hire as common carriers, and which may include a bonded warehouse.
CEMETERY means land that is set apart or used as a place for the interment of the
dead or in which human bodies have been buried, within the meaning of the
Cemeteries Act, as amended. A cemetery may include such accessory uses as
mausoleums, crematoriums and columbariums.
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CERTIFICATE OF OCCUPANCY means a certificate issued by the Chief Building
Official for the occupancy of any building or structure associated with a Building Permit
to the effect that the proposed occupancy complies with this By-law.
CHIEF BUILDING OFFICIAL means the officer employed by the Corporation of the
Township of Otonabee-South Monaghan as is appointed under the Building By-law.
COMMERCIAL CLUB means a building or part of a building where a club is operated
for gain or profit and may include facilities for physical fitness and recreation.
COMMUNITY CENTRE means any tract of land, or building, or any part of a building
used for community recreational and/or social activities whether used for commercial
purposes or not, the control of which is vested in the Municipality, a local board or
agent thereof, including any building, structure or facility established as a Community
Recreation Centre within the meaning of the Community Recreation Centres Act.
Ancillary uses may include meeting rooms and a banquet hall and related kitchen
facilities.
CONCRETE BATCHING PLANT means a building or structure designed to mix
cementing materials, aggregate, water and admixtures to produce concrete, and
includes stockpiling and storage of bulk materials used in the process, and which is of
permanent construction.
CONCRETE BATCHING PLANT, PORTABLE means a concrete batching plant which
is not of permanent construction, and which is designed to be dismantled at the
completion of a construction project.
CONDOMINIUM means the ownership of individual units in a multiple-unit building
or multiple-unit development, with common elements, established under the
provisions of the Condominium Act.
CONSERVATION means the preservation, protection and improvement of the
components of the natural environment through comprehensive management and
maintenance for both the individual or public uses both in the present and in the future.
CONSERVATION AUTHORITY means the Otonabee Region Conservation Authority.
CONTRACTOR OR TRADESMAN'S YARD means a yard of any building trade or
contractor where equipment and material are stored or where a contractor performs
shop or assembly work, but does not include any other yard or establishment otherwise
defined or classified herein. This definition includes any building or shop situated on the
same property.
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CONVENIENCE STORE means a retail commercial establishment supplying groceries
and other daily household conveniences to the immediate surrounding area.
CORPORATION means the Corporation of the Township of Otonabee-South
Monaghan.
COTTAGE, HOUSEKEEPING means one of a group of buildings in a tourist
establishment designed for human habitation and equipped with a kitchen, which has a
common private piped water supply with other such buildings in the group.
COUNCIL means the Municipal Council of the Corporation of the Township of
Otonabee- South Monaghan.
COUNTY means the Corporation of the County of Peterborough.
COUNTY ROAD means a street or road under the jurisdiction of the Corporation of the
County of Peterborough.
CRAFT SHOP means a building or part of a building where crafts, souvenirs and other
similar items are offered or kept for sale at retail to the general public.
DAY CARE CENTRE means a building or part thereof which receives for temporary
custody for a continuous period not exceeding twenty-four hours, more than three
children under 10 years of age and not of common parentage.
DAY NURSERY means a facility operated within the meaning of the Day Nurseries
Act, as amended.
DEVELOPMENT means the construction, erection or placing of one or more buildings
or structures of any kind on land or the making of an addition or alteration to a building
or structure which has the effect of increasing the size or usability thereof, and includes
such related activities as site grading and placing or dumping of fill and the laying out
and establishment of a commercial parking lot.
DECK shall mean an open platform structure, without walls or a roof system, which may
or may not be attached to a building. A deck shall not be enclosed by a wall or roof if it is
located in the required water yard setback.
DRIVEWAY SETBACK means the least horizontal distance permitted between a lot
line of a lot and the nearest portion of any driveway on such lot.
DRY CLEANING ESTABLISHMENT means a building or portion thereof where dry
cleaning, dying, cleaning or pressing of articles or goods of fabric is carried on.
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DRY CLEANING OR LAUNDRY OUTLET means a building or portion thereof used
for the purpose of receiving and distributing articles or goods or fabric to be subjected
to the process of dry cleaning or cleaning elsewhere, and shall not include a Dry
Cleaning Establishment as defined in this By-law.
DWELLING means a building or part thereof containing one or more dwelling units but
does not include a tent, tourist trailer, park model trailer, camper, mobile home,
houseboat or a room or suite of rooms in a rooming house, hotel, motel, tourist home
or institution.
DWELLING, ACCESSORY means a single detached dwelling where such
dwelling is ancillary to a permitted non-residential use and is occupied by the
owner, operator, manager, caretaker, or other similar person, and family, as are
employed on the lot on which such dwelling house is located.
DWELLING, CONVERTED means a dwelling originally constructed as a single
detached dwelling which has been subsequently altered, converted or enlarged
so as to provide therein not more than two dwelling units.
DWELLING, DUPLEX means the whole of a dwelling that is divided
horizontally into two separate dwelling units, each of which has a separate
independent entrance either directly from the outside or through a common
vestibule.
DWELLING, MULTI-UNIT means the whole of a dwelling that contains three or
more dwelling units that are horizontally and vertically attached, and each
dwelling unit has an independent entrance either from the outside or through a
common corridor.
DWELLING, ROW means a series of three (3) to six (6) attached dwelling units
under a common roof, which may be staggered, with each dwelling unit being
attached above and below finished grade to another dwelling unit or units by a
continuous fully attached unpierced vertical party wall without openings from
basement or cellar to roof, with each dwelling unit having a separate,
independent entrance directly from the outside.
DWELLING, SEASONAL means a single detached dwelling used for recreation
purposes but not occupied continuously or as a principal or permanent
residence.
DWELLING, SEMI-DETACHED means two vertically attached dwelling units
having a continuous, fully-attached common masonry wall where the units
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overlay, above and below finished grade connecting the two dwellings, each of
which has a separate independent entrance directly from outside.
DWELLING, SINGLE DETACHED means a detached dwelling containing not
more than one dwelling unit.
DWELLING, TRIPLEX means the whole of a dwelling that is divided
horizontally into three (3) separate dwelling units, each of which has a separate
independent entrance either directly from the outside or through a common
vestibule.
DWELLING UNIT means a suite operated as a housekeeping unit, used or intended to
be used as a domicile by one or more persons and usually containing cooking, eating,
living, sleeping and sanitary facilities. The word "suite" in this definition means a single
room or series of rooms of complementary use, and operating under a single tenancy.
DWELLING UNIT, ACCESSORY means a dwelling unit located in a portion of
a non-residential building, except as noted herein, which is ancillary to a
permitted non-residential use located on the same property, and is occupied by
the owner, operator, manager, caretaker, or other similar person, as are
employed in an activity permitted on the property. An accessory dwelling unit
for farm-related use may be located as a second-dwelling unit within a farm
related dwelling.
DWELLING UNIT, SECONDARY shall mean a private, self-contained
residential unit with kitchen and bathroom facilities and sleeping areas within
detached, semidetached or townhouses or within ancillary structures such as
garages, that is subordinate to the principal residential dwelling and is located
on the same property therewith. A Secondary Dwelling Unit does not include a
Cabin, as defined herein.
DWELLING UNIT AREA means the habitable area contained within the inside walls,
excluding the thickness of the outside walls, of a dwelling unit, excluding any private
garage, carport, porch, veranda, cellar, the unfinished portion of any attic or basement
or sunroom (unless such sunroom is habitable in all seasons of the year); and,
excluding public or common hall areas or stairways in dwelling houses containing more
than one dwelling unit.
EATING ESTABLISHMENT means a building or part of a building where food is
offered for sale or sold to the public for immediate consumption and includes a
restaurant, dining room, café, cafeteria, ice cream parlour, tea or lunch room, dairy
bar, coffee shop, snack bar or refreshment room or stand; but does not include a bed
and breakfast establishment.
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EATING ESTABLISHMENT, TAKE-OUT means a building or part of a building
designed, intended or used for the sale of food and refreshments to the general public
but which does not include any provision for consumption of the food by the customer
while in his vehicle, within the building or elsewhere on the site.
EAVE means a roof overhang, free of enclosing walls, without supporting columns.
ELDERLY PERSONS CENTRE means any facility intended primarily for the use of
elderly persons for purposes which include social, cultural, athletic or recreational
activities, and shall include any centre established under the Elderly Persons Centres
Act.
ENTRANCE, when used as a reference to a lot, means an unobstructed passageway
used to provide vehicular access from the travelled portion of a street or lane to a
driveway.
ENTRANCE SEPARATION means the least horizontal distance permitted between
the nearest portions of any entrances on a lot.
ENTRANCE SETBACK means the least horizontal distance permitted between an
intersection of street lines and the nearest portion of any entrance, measured along the
limit of the travelled portion of the street or lane.
ENTRANCE WIDTH means the horizontal distance permitted between the extremities
of an entrance, measured along the limit of the travelled portion of the street or lane.
EQUIPMENT SALES, RENTAL AND REPAIR ESTABLISHMENT means a building or
part of a building, structure or yard in which articles, machinery and equipment, including
heavy machinery and equipment, are serviced or repaired and may be offered or kept
for rent, lease or hire under agreement for compensation.
ERECT means setting up, building, constructing, reconstructing and relocating and,
without limiting the generality of the work, also includes:
(a)
any preliminary physical operation, such as excavating, filling or drainage;
(b)
altering any existing building or structure by an addition, enlargement,
extension, relocation or other structural change;
(c)
any work for the undertaking of which a building permit is required under
the Building By-law or the Building Code Act and Regulations, as amended;
and
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(d)
erect, erected and erection shall have a corresponding meaning.
ESTABLISHED BUILDING LINE means the average setback from the street line (or
navigable waterway as the case may be) of existing buildings located on one side of
the street where three (3) or more of the lots having street access, and located within
300 metres (984.25 ft.) of each other, have been built upon.
ESTABLISHED GRADE please see FINISHED GRADE.
EXISTING means, unless otherwise described, legally existing on the date of passing
of this By-law.
FACTORY OUTLET means a building or part of a building accessory to a permitted
industrial use where the products manufactured by that industry are kept for wholesale
or retail sale.
FARM means land used for agriculture and includes a single detached dwelling and
buildings and structures, such as barns and silos, which are incidental to the operation
of the farm.
FARM IMPLEMENT AND EQUIPMENT SALES AND SERVICE ESTABLISHMENT
means a building, structure or area where farm implements, equipment and farm
supplies are kept for sale at retail and may include facilities for the servicing of such
implements or equipment but shall not include any other establishment otherwise
defined or classified herein.
FARM PRODUCT RETAIL OUTLET means a temporary building, or part of a building
or a structure, in which farm products are offered for sale to the general public on a
seasonal basis, and which are predominately produced on the farm where the outlet is
located. Farm products may include produce, honey, jams, or wine.
FEED MILL means a full farm service centre including a feed
manufacturing/processing plant, grain elevators, grain or feed storage silos or bins, a
retail farm supply store including the sale of farm chemicals and storage tanks and
equipment for handling liquid nitrogen and fertilizers, gasoline and diesel fuel tanks to
service the vehicles and equipment of the operator.
FINISHED GRADE when referenced to a building or structure means the average
elevation of the ground immediately surrounding such building or structure but
excluding any artificial embankment or entrenchment and when used with reference to
a street, road or highway means the elevation of the street, road or highway.
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FLEA MARKET means a building or open area in which stalls or sales areas are set
aside for use by various unrelated individuals to sell articles that are either homemade,
home-grown, handcrafted, old, obsolete, or antique and may include the selling of
goods at retail by businesses or individuals who are generally engaged in retail trade.
FLOOD PLAIN means the area, usually low land, adjoining a watercourse which has
been or may be subject to flooding hazards.
FLOOR AREA, GROUND means the floor area of the first storey of a building,
measured between the exterior faces of the exterior walls of such storey, but
excluding, in the case of a dwelling, any private garage, carport, porch, veranda,
sunroom (unless such sunroom is habitable at all seasons of the year), and any
finished or unfinished basement.
FLOOR AREA, NET means that portion of the total floor area of a building which is used
by a non-residential use as 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 parking or storage of motor vehicles;
(d)
any part of such building used for equipment to heat such building or a
portion thereof; and
(e)
the thickness of any exterior walls of such building.
FLOOR AREA, TOTAL means the total floor area of all storeys of a building, measured
between the exterior faces of the exterior walls of the building or structure at the level of
each floor, or the centre lines of partitions where applicable, but excludes any finished
or unfinished basement.
FOOD SUPERMARKET means a building or part of a building wherein food and other
household items are kept for sale at retail to the general public and which operates on
a self-service, cash and carry basis.
FORESTRY means the management, development and cultivation of timber resources
to ensure the continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion, protection
and production of water supplies, and preservation of the recreation resource.
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FRATERNAL LODGE means a building or part of a building used for the purposes of
a club, society or association organized and operated on a non-profit basis exclusively
for social welfare, civic improvement, pleasure or recreation or for any other similar
purposes.
FUEL REFILL ISLAND means a private outlet as defined in the Technical Standards
and Safety Act. This definition shall only apply to an establishment permitted in Section
17.6.7 of this By-law.
FUNERAL HOME means 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 means an establishment or premises where vehicles
owned by the general public are repaired or maintained.
GARAGE, PRIVATE means a detached accessory building or portion of a dwelling
house which is designed or used for the sheltering of a private motor vehicle and
storage of household equipment incidental to the residential occupancy and which is
fully enclosed and roofed. For the purposes of this By-law a private garage excludes a
carport or other open shelter.
GARDEN NURSERY SALES AND SUPPLY ESTABLISHMENT means a building or
part of a building and land adjacent thereto for growing or displaying of flowers, fruits,
vegetables, plants, shrubs, trees, or similar vegetation which is sold to the public at
retail and shall also include the sale of such goods, products and equipment as are
normally associated with gardening or landscaping, but shall not include Cannabis
Production and Processing.
GARDEN SUITE means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable. A Garden Suite shall not be considered a Secondary Dwelling
Unit.
GOLF COURSE means a public or private area operated for the purpose of playing
golf, inclusive of club house facilities and driving ranges, but excludes a miniature golf
course.
GREENHOUSE, COMMERCIAL means a building or structure for the growing of
flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation, which are not
necessarily planted outdoors on the same lot containing such greenhouse, and, which
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are sold directly from such lot at wholesale or retail, but shall not include Cannabis
Production and Processing.
GROUP HOME means a single detached dwelling for the accommodation of three (3)
to ten (10) persons, exclusive of staff, living under supervision in a single
housekeeping unit, and who by reason of their emotional, mental, social or physical
condition or legal status, require a group living environment. A Group Home shall be
licensed and/or approved under Provincial or Federal statutes, and in compliance with
municipal bylaws. A Group Home shall not include a foster home.
GUEST means a person, other than a boarder, who contracts for accommodation and
includes all the members of the person's party.
GUEST ROOM means a room or suite of rooms used or maintained for the
accommodation of an individual or individuals to whom hospitality is extended for
compensation.
HABITATION, HUMAN means the act of occupying or using any habitable space,
room or area by persons on either a temporary or permanent basis.
HABITABLE ROOM means a room designed for living, sleeping, eating or food
preparation, including a den, library, sewing-room or enclosed sunrooms but not
including any space in a dwelling used as a lobby, hallway, closet, or bathroom or any
room having floor space of less than 4.6 m² (49.52 ft.²).
HABITABLE SPACE means a room or area or any combination thereof, designed or
intended to provide sleeping, food preparation, dining, shelter or living
accommodations for persons. This definition may include a bathroom, den, library,
enclosed sunroom, deck, platform, gazebo, sitting area, and flat roof tops; but shall not
include any private garage, carport, porch, veranda, unfinished attic, unfinished
basement, boathouse or unfinished cellar.
HEIGHT AND HEIGHT OF BUILDING means the vertical distance, measured
between the finished grade at the front of the building, and:
(a)
in the case of a flat roof, the highest point of the roof surface;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip, gambrel roof or shed roof, the average height
between the eaves and ridge.
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Accessory roof fixtures and facilities, such as chimneys, towers, steeples or television
antennas, shall be disregarded in calculating the height of a building.
HIGH WATER MARK means the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which action has been so common
and usual and so long continued that it has created a difference between the character
of the vegetation or soil on one side of the mark and the character of the vegetation or
soil on the other side of the mark. A surveyed line is the primary indicator for the high
water mark. Along the Trent-Severn Waterway lakes, the Upper Controlled Navigation
Limit is deemed to be the high water mark.
HIGHWAY means a highway within the meaning of the Municipal Act, as amended,
and the Highway Traffic Act, as amended.
HOME FOR THE AGED means a home for the aged within the meaning of the Homes
for the Aged and Rest Homes Act, as amended.
HOME INDUSTRY means a small-scale commercial or industrial establishment that
operates entirely within a separate accessory building on the same lot as the home of
the proprietor. Home Industries include, all the uses permitted as a Home Occupation,
together with uses such as, but not limited to workshops (carpentry, metal
working/welding, electrical, plumbing), small engine repair, and a landscaping or
landscape contracting business, and a nursery greenhouse, but shall not include
Cannabis Production and Processing.
HOME OCCUPATION means a home business conducted for gain or profit entirely
within a dwelling unit by a person residing therein. Home occupations include uses
such as but are not limited to, an office, personal service shop, a studio, or a
workroom, or similar activity.
HOSPITAL means any institution, building or other premises established for the
treatment of persons afflicted with or suffering from sickness, disease or injury, for the
treatment of convalescent or chronically ill persons that is approved under the Public
Hospitals Act as a public hospital.
HOTEL means a tourist establishment containing five or more guest rooms served by
a common building entrance. Accessory uses may include accommodation for
permanent staff, dining rooms, beverage rooms, meeting rooms or similar uses.
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INDUSTRIAL FACILITY means a facility or activity relating to: the assemblage and/or
storage of substances/goods, raw materials; their processing and/or manufacturing;
and/or the packaging and shipping of finished products, but shall not include Cannabis
Production and Processing. Industrial facilities are further defined as being either
Class I, II or III, as follows:
Class I Industrial Facility means a place of business for a small scale, self
contained plant or building which produces/stores a product that is contained in
a package and has low probability of fugitive emissions. Outputs are infrequent,
and could be point source or fugitive emissions for noise, odour, dust and/or
vibration. There are daytime operations only, with infrequent movement of
products and/or heavy trucks and no outside storage.
Class II Industrial Facility means a place of business for medium scale
processing and manufacturing with outdoor storage of wastes or materials (i.e.,
it has an open process) and/or there are periodic outputs of minor annoyance.
There are occasional outputs of either point source or fugitive emissions for
noise, odour, dust and/or vibration, and low probability of fugitive emissions.
Shift operations are permitted and there is frequent movement of products
and/or heavy trucks during daytime hours.
Class III Industrial Facility means a place of business for large scale
manufacturing or processing, characterized by large physical size, outside
storage of raw and finished products, large production volumes and continuous
movement of products and employees during daily shift operations. It has
frequent outputs of major annoyance and there is high probability of fugitive
emissions.
KENNEL, COMMERCIAL means a "Kennel" or a "Kennel, Commercial Boarding" or
"Commercial Breeding" as defined in By-law No. 2024-09 of the Township of Otonabee-
South Monaghan, being a By-law to regulate and govern kennels in the Township of
Otonabee-South Monaghan.
LANDFILL GAS ELECTRICITY GENERATING STATION means an electrical
generation facility that uses landfill gas comprised of methane and other gases produced
by garbage disposed of at an active and/or closed sanitary landfill site to produce
electricity.
LANDSCAPED OPEN SPACE means the open unobstructed space from ground to
sky at finished grade 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, shrubs
and other landscaping and includes any surfaced walk, patio or similar area but does
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not include any driveway or ramp, whether surfaced or not, any curb retaining wall,
parking area of any open space beneath or within any building or structure.
LANE means a public thoroughfare which affords only a secondary means of access
to abutting lots and which is not intended for general traffic circulation.
LAUNDROMAT means a building or structure or part thereof where self-service or
coin- operated laundry machines, using only water, detergents and additives, are
made available to the public for the purpose of laundry cleaning. This definition does
not include dry-cleaning, dyeing or pressing.
LEASE SITE, for the purposes of the TC-2 and TC-3 Zones only, means a parcel of
land owned by an individual or organization and leased to another individual or
individuals for a specified period of time. The boundaries of the lease site shall be the
description of the property as defined in the lease agreement executed between the
Owner and the leasee and illustrated on an approved Site Plan.
LIBRARY means a public library within the meaning of the Public Libraries Act, as
amended.
LIMITED ON-FARM ACCOMMODATION means overnight accommodation that is
available to farm visitors for short-terms stays on a farm property that is in active
agricultural production. The accommodation is not intended to be available to the
travelling public. Accommodation may include temporary structures such as yurts, bell
tents, safari tents, or shepherd's huts, but shall not include trailers. The
accommodation aspect shall not be the primary component and shall be associated
with the On-farm Diversified Use.
LIQUOR LICENCED PREMISES means any building, structure or premises licensed
under the Liquor Licence Board of Ontario.
LIVESTOCK FACILITY means one or more barns or permanent structures with
livestock- occupied portions, intended for keeping or housing livestock. A livestock
facility also includes all manure or material storages and anaerobic digesters.
LIVESTOCK HOUSING CAPACITY means the maximum livestock capacity for all
facilities on a lot at one time, even if currently empty but able to house livestock.
LOADING SPACE means 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 vehicle,
while loading or unloading merchandise or materials, which space abuts a street, lane,
road, highway or other appropriate means of access.
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LODGE means a tourist establishment containing five or more guest rooms served by a
common building entrance or with separate entrances directly from outside the building.
Accessory uses may include rental cabins or rental cottages, accommodations for
permanent staff, dining rooms, beverage rooms, meeting rooms, recreational facilities
and similar uses.
LOT means a parcel or tract of land described in a deed or other legal document which
is legally capable of conveying title and:
(a)
which is a whole lot within a registered plan of subdivision, other than a
registered plan of subdivision which has been deemed not to be registered
plan of subdivision under a By-law passed pursuant to Section 50 of the
Planning Act, 1990, as amended; or
(b)
which is a legally separated parcel of land in existence on the date of
passing of this By-law without the owner holding the fee or the equity of
redemption in, or power or right to grant, assign or exercise a power of
appointment with respect to any abutting land; or
(c)
the description of which is the same as in a deed which has received final
consent to a conveyance pursuant to Section 53 of the Planning Act, 1990,
as amended; or
(d)
is the whole remnant remaining to an owner or owners after a consent to
sever has been granted pursuant to Section 53 of the Planning Act, 1990,
as amended, with respect to all other adjoining lands of the owner or
owners provided that the consent or consents mentioned above have not
lapsed under Subsection 53 (43) of the Planning Act, 1990, but for the
purpose of this paragraph no parcel or tract of land ceases to be a lot by
reason only of the fact that a part or parts of it has or have been conveyed
to or acquired by the Township of Otonabee-South Monaghan, the County
of
Peterborough, Her Majesty in the Right of Ontario, or Her Majesty in the
Right of Canada; or,
(e)
which is the subject of an order of the Minister of Municipal Affairs and
Housing pursuant to the provisions of Section 50 of the Planning Act,
1990, as amended.
LOT AREA means the total horizontal area bounded by the lot lines of a lot. In the
case of corner lots having a road line rounding at the corner of a radius of 6.1 metres
(20 ft.) or less the lot area of such lot shall be calculated as if the lot lines were
produced to their point of intersection.
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LOT, CORNER means a lot situated at the intersection of two streets, of which two
adjacent sides, that abut the intersecting streets, contain an angle of not more than
one hundred and thirty-five (135) degrees; where such adjacent sides are curved, the
angle of intersection of the adjacent sides shall be deemed to be the angle formed by
the intersection of the tangents to the street lines, drawn through the extremities of the
interior lot lines, provided that in the latter case, the corner of the lot shall be deemed
to be that point on the street line nearest to the point of intersection of the said
tangents.
LOT COVERAGE means that percentage of the lot area covered by buildings and
structures above ground level and excludes that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level.
LOT DEPTH means the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, "lot depth" shall mean the length of a straight
line joining the middle of the front lot line with the middle of the rear lot line. When
there is no rear lot line, "lot depth" shall mean 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.
LOT FRONTAGE means the horizontal distance between parallel side lot lines
measured along a straight front lot line. Where the front lot line is not a straight line or
where the side lot lines are not parallel, the lot frontage shall be measured
perpendicular to a line joining the mid-points of the front and rear lot lines measured
back from the front lot line a distance equivalent to the minimum front yard depth as
specified in this By-law. In the case where there is no rear lot line, the lot frontage
shall be measured by a line perpendicular to the line joining the mid-point of the front
lot line to the apex of the triangle formed by the side lot lines.
In the case of a standard waterfront lot, the lot frontage shall be the straight line
horizontal distance between the two most widely separated points on any one
shoreline of a lot, unless the standard waterfront lot abuts a public street, in which case
the lot frontage shall be deemed to be along the public street. In the case of a through
waterfront lot, the lot frontage shall be measured in the same way as a standard
waterfront lot, unless the through waterfront lot abuts a public street, in which case the
lot frontage shall be deemed to be along the public street.
SHORELINE FRONTAGE means the straight line horizontal distance between
the two most widely separated points on any one shoreline of a lot.
LOT, INTERIOR means a lot other than a corner lot.
LOT LINE means any boundary of a lot or the vertical projection thereof.
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LOT LINE, FRONT means in the case of an interior lot, the lot line dividing the lot from
the street. In the case of a corner lot, the shorter lot line abutting a street or private
right- of-way 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, the lot line where
the principal access to the lot is provided shall be deemed to be the front lot line. In
the case of a lot fronting on a navigable waterway and an improved public street, the
lot line abutting the street shall be deemed to be the front lot line. In the case of a lot
fronting on a navigable waterway and which does not abut an improved public street,
the lot line abutting the navigable waterway shall be deemed to be the front lot line.
For lots in the Limited Service Residential (LSR) Zone that do not abut a navigable
waterway, the front lot line shall be the lot line dividing the lot from a private right-of-
way.
LOT LINE, REAR means the lot line farthest from and opposite to the front lot line.
LOT LINE, SIDE means a lot line other than a front or rear lot line.
LOT, STANDARD WATERFRONT means a lot that may or may not have street
access, but has water access on one shoreline only on a navigable waterway.
LOT, THROUGH means a lot bounded on two opposite sides by streets.
LOT, THROUGH WATERFRONT means a lot that may or may not have street access,
but has water access on one or more shorelines of a navigable waterway.
3-20
f
3-21
MANUFACTURING, PROCESSING, ASSEMBLING OR FABRICATING PLANT means
a plant in which the process of producing any product, by hand or mechanical power and
machinery, is carried on systematically with division of labour, but shall not include
Cannabis Production and Processing.
MAINTENANCE DEPOT, MUNICIPAL, DISTRICT OR PROVINCIAL means any land,
building or structure owned by the Corporation of the Township of Otonabee-South
Monaghan, the County of Peterborough or the Province of Ontario used for the storage,
maintenance or repair of equipment, machinery or motor vehicles used in connection with
civic works and shall include a public works yard.
MARINA means a building, structure or place, containing docking facilities and located
on a navigable waterway, where boats and boat accessories are stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and lubricants
may be provided.
MARINE DEALER means any building, lot or structure where boats and marine
equipment is kept for sale at retail and may include the servicing of boats and marine
equipment.
MARINE FACILITY means an accessory building or structure which is used to take a
boat into or out of a waterbody, to moor, to berth or to store a boat. This definition may
include a boat launching ramp, boat lift, or a dock, but shall not include a boathouse or
any building used for human habitation or any boat service, repair or sales facility.
MEDICAL OR DENTAL CLINIC means a building where members of the medical
profession, dentists, chiropractors, osteopaths, optometrists, physicians or
occupational therapists, either singularly or in union, provide diagnosis and treatment
to the general public without overnight accommodation and shall include such uses as
reception areas, offices for consultation, x-ray and minor operating rooms, a
pharmaceutical dispensary and a coffee shop, provided that all such uses have access
only from the interior of the building.
MOBILE CANTEEN means any vehicle, whether mechanically propelled, or otherwise,
from which food refreshments or merchandise is sold, or offered for sale to the public.
MOBILE HOME means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or more persons,
but does not include a travel trailer or tent trailer.
MOBILE HOME PARK means land which has been provided and designed for the
location thereon of two (2) or more occupied mobile homes.
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MOBILE VENDOR means any operator of a mobile canteen as defined herein who
has received a licence to operate such mobile canteen, and may include an employee,
agent, or servant of the licensee.
MOTEL means an establishment which consists of one or more than one building
containing more than one rental unit for the purpose of catering to the travelling public
by furnishing sleeping accommodation with or without meals, may include permanent
staff accommodation, and may or may not be licensed under the Liquor Licence Act.
MOTOR HOME means a self-propelled vehicle designed for the temporary living,
sleeping or eating accommodation of persons, including a truck camper.
MOTOR VEHICLE means a motor vehicle within the meaning of the Highway Traffic
Act, as amended.
MOTOR VEHICLE, COMMERCIAL means a commercial motor vehicle within the
meaning of the Highway Traffic Act, as amended.
MOTOR VEHICLE, DERELICT means a motor vehicle within the meaning of the
Highway Traffic Act, as amended, whether or not same is intended for use as a private
passenger motor vehicle, which is inoperable, does not have current licence plates, and
has no value as a means of transportation.
MOTOR VEHICLE, SNOW means a motorized snow vehicle within the meaning of the
Motorized Snow Vehicle Act, as amended.
MOTOR VEHICLE BODY SHOP means a building or structure used for the painting or
repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with
which there may be a towing service and motor vehicle rentals for customers while the
motor vehicle is under repair, but shall not include a salvage yard operation or any
other establishment otherwise defined or classified in this By-law.
MOTOR VEHICLE DEALERSHIP means a building or structure where a licensed
dealer displays new or used motor vehicles for sale or rent in conjunction with which
there may be a motor vehicle repair garage, a motor vehicle service station, a motor
vehicle gasoline bar or a motor vehicle body shop.
MOTOR VEHICLE FUEL ESTABLISHMENT means one or more pump islands, each
consisting of one or more fuel pumps, and a shelter having a floor area of not more
than 9.1 square metres, and may include facilities for the refilling of propane tanks and
the changing of oil, greasing and lubricating of motor vehicles, including the sale of
accessories, antifreeze and additives.
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MOTOR VEHICLE RENTAL ESTABLISHMENT means a building or structure where
motor vehicles are kept for rent, lease or hire under agreement for compensation.
MOTOR VEHICLE REPAIR GARAGE means a building or structure where the
services performed or executed on motor vehicles for completion shall include the
installation of exhaust systems, repair of the electrical systems, transmission repair,
brake repair, radiator repair, tire repair and installation, rust-proofing, motor vehicle
diagnostic centre, major and minor mechanical repairs or similar uses. There may also
be, in conjunction with these services, a towing service, a motor vehicle service station
and motor vehicle rentals for the convenience of the customer while the motor vehicle
is being repaired.
MOTOR VEHICLE SERVICE CENTRE means a building or structure to accommodate
the travelling public by providing an eating establishment and supplying fuel, grease
and oil and in conjunction may include a motor vehicle fuel establishment, motor
vehicle service station and a motor vehicle repair garage.
MOTOR VEHICLE SERVICE STATION means a building where gasoline, propane,
oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, spark plugs,
batteries and automotive accessories for motor vehicles, or similar automotive
products are stored or kept for sale to the general public, or where motor vehicles may
be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries
charged, or where only minor mechanical or running repairs essential to the actual
operation of motor vehicles are executed or performed.
MOTOR VEHICLE WASH means a building or structure containing facilities for
washing motor vehicles for profit or gain either using production line methods and
mechanical devices or by a self-service operation, and for the purpose of this By-law
may include a motor vehicle fuel establishment.
NON-COMPLYING USE means an existing use which is a permitted use in the zone in
which the said use is situated, but which does not meet the standards set for some
other provision or regulation required by this By-law such as minimum frontage, depth,
area, setbacks, etc.
NON-CONFORMING USE means an existing use which is not a permitted use in the
zone in which the said use is situated.
NOXIOUS means, when used with reference to any use or activity in respect of any
land, building or structure or a use or activity which, from its nature or from the manner
of carrying on same, creates or is liable to create, by reason of destructive gas or
fumes, dust, objectionable odour, noise or vibration or unsightly storage of goods,
wares, merchandise, salvage, machinery parts, junk waste or other materials, a
condition which may become hazardous or injurious in regards to health or safety or
3-24
which prejudices the character of the surrounding area or interferes with or may
interfere with the normal enjoyment of any use or activity in respect of any land,
building or structure.
NURSING HOME means any premises maintained and operated for persons requiring
nursing care, which is licensed under the Nursing Homes Act, as amended.
ON-FARM DIVERSIFIED USE means uses that are secondary to the principal
agricultural use of the property, and are limited in area. On-farm Diversified Uses
include, but are not limited to, home occupations, Home Industries, agri-tourism uses,
and uses that produce value-added agricultural products."
OPEN STORAGE AREA means land used for the outside storage of equipment,
goods, or materials. This definition shall not include a storage use located in a
building, a salvage yard, a parking area, a delivery space, or a parking space. This
definition shall only apply to a use permitted in Sections 15.7.7 and 17.6.7 of this
Bylaw.
OUTSIDE DISPLAY OR SALES means the outdoor display and sale of goods or
merchandise as an accessory activity to a permitted use that is carried out within a
building on the same lot, and which shall not extend onto any adjoining lot.
OUTSIDE STORAGE means an accessory storage area outside of the principal or
main building on the lot.
PARK, PRIVATE means any park other than a public park.
PARK, PUBLIC means any open space area, owned or controlled by the Corporation or
by any Board, Commission or other Authority established under any statute of the
Province of Ontario or Government of Canada and may include therein neighbourhood,
community, regional and special parks or areas and may include one or more athletic
fields, field houses, bleachers, swimming pools, greenhouses, botanical gardens,
zoological gardens, bandstands, skating rinks, tennis courts, bowling greens,
refreshment rooms, fair grounds, golf courses, or similar uses including accessory
buildings, but for the purpose of this By-law shall not include a trailer park or camp.
PARK MODEL TRAILER means a recreational unit which is built on a single chassis,
mounted on wheels designed to facilitate relocation from time to time, is designed as
living quarters for temporary/seasonal living accommodations, as per CSA Z241
standards, and may be connected to those utilities necessary for operation of installed
fixtures and appliances, and it has a gross floor area, including lofts not exceeding 50
square metres (538.21 sq. ft.) when in the set up mode, and having a width no greater
than 3.66 metres (12 ft.) in the transit mode.
3-25
PARKING ANGLE means the angle which is equal to or less than a right angle, formed
by the intersection of the side of the parking space and line parallel to the aisle.
PARKING AREA means an area provided for the parking of motor vehicles and may
include aisles, parking spaces, pedestrian walkways, and related ingress and
egress lanes, but shall not include any part of a public street.
PARKING LOT means any parking area other than a parking area accessory to a
permitted use.
PARKING SPACE means an area, exclusive of any aisles, ingress or egress lanes, for
the parking or storage of motor vehicles and may include a private garage.
PERSON means any human being, association, firm, partnership, incorporated
company, corporation, agent or trustee and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
PIT means land or land under water from which unconsolidated aggregate including
gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble,
granite, rock, or other material prescribed under the Aggregate Resources Act, is being
or has been excavated, and that has not been rehabilitated, but does not mean land or
land under water excavated for a building or structure on the excavation site. A pit
does not include a wayside pit as defined in this By-law.
PIT OR QUARRY, WAYSIDE means a temporary pit or quarry opened under the
authority of a wayside permit issued under the Aggregate Resources Act and used by
or for a public authority solely for the purposes of a particular project or contract of
road construction, and not located on the road right-of-way.
PLACE OF ENTERTAINMENT means a motion picture or other theatre, public hall,
billiard or pool room, a bowling alley, ice or roller skating rink, dance hall or music hall
or any similar use intended for entertainment functions. A place of entertainment shall
not include an adult entertainment establishment as defined herein.
PLACE OF WORSHIP means a building dedicated to religious worship and includes a
church, synagogue or assembly hall and may include such accessory uses as a
nursery school, a school of religious education, convent, monastery or parish hall.
PLANTING SCREEN means a continuous hedgerow of evergreen trees or shrubs, not
less than 1.5 metres (4.92 ft.) in height, immediately adjacent to the lot line or portion
thereof along which such planting screen is required herein.
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PORTABLE ASPHALT PLANT means a facility with equipment designed to heat and
dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving
material, and includes stockpiling and storage of bulk materials used in the process
and which is not of permanent construction, but is designed to be dismantled and
moved to another location as required.
PORTABLE PROCESSING PLANT means equipment for the crushing, screening or
washing of sand and gravel aggregate materials, but does not include a concrete
batching plant or an asphalt plant, which equipment is capable of being readily drawn
or readily propelled by a motor vehicle and which equipment is not considered
permanently affixed to the site.
POST OFFICE means a building or structure or part thereof used for the sale of postal
products and/or the distribution, collection and sorting of mail.
POSTAL OUTLET means a building or structure or part thereof authorized by Canada
Post to provide over-the-counter postal services and agency services to the public.
PRINCIPAL OR MAIN BUILDING means the building in which is carried on the
principal purpose for which the lot is used.
PRIVATE CLUB means a building or part of a building used for the purposes of a non-
profit, non-commercial organization which includes social, cultural, athletic or
recreational activities.
PRIVATE HOME DAYCARE means the temporary care for compensation of five (5)
children or less who are under ten (10) years of age, where such care is provided in a
private residence, other than the home of a parent or guardian of any such child, for a
continuous period not exceeding twenty-four (24) hours. Private home day care shall
not include a Day Care Centre as defined in the By-law.
PROVINCIAL HIGHWAY means a street or road under the jurisdiction of the Province
of Ontario.
PUBLIC AUTHORITY means Federal, Provincial, County or Municipal agencies, and
includes any commission, board, authority or department established by such agency.
PUBLIC WORKS YARD - See "Maintenance Depot"
QUARRY means land or land under water from which consolidated aggregate is being
or has been excavated, and that has not been rehabilitated, but does not mean land or
land under water excavated for a building or structure on the excavation site. A quarry
does not include a wayside quarry as defined in this By-law.
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RECREATIONAL USE, ACTIVE means a recreational use or activity with buildings or
which requires alterations of soil or topography and includes such activities as golf
courses, playing fields, trailer parks, campgrounds and conservation areas involving
built structures.
RECREATIONAL USE, PASSIVE means an activity or use of land carried out for
recreational purposes which does not require the construction of buildings or the
alteration of soil or topography and includes open space and environmental areas.
RECREATIONAL ESTABLISHMENT means a billiard or pool hall, bowling alley,
curling or skating rink or similar use.
RECREATIONAL VEHICLE DEALERSHIP means a building or structure where a
licensed dealer displays new recreational vehicles, including motorcycles, all-terrain
vehicles and snowmobiles, for sale or rent in conjunction with which there may be a
recreational vehicle repair garage and gasoline bar.
RECYCLING FACILITY means enclosed or unenclosed premises for the collection,
composting, sorting, processing, or temporary storage of recyclable materials such as
glass, tins, paper, plastic and other non-hazardous recyclable materials but does not
include unlicensed motor vehicles, trees, tires, metal, salvage, liquids or hazardous
wastes.
RENTAL CABIN OR RENTAL COTTAGE ESTABLISHMENT means a tourist
establishment designed to accommodate one family in a detached building or in one of
two such buildings which have a common wall, in accordance with all regulations set out
in this By-law.
REPAIR means the provision of such facilities and the making of additions or
alterations or the taking of such actions as may be required so that the property shall
be in good condition. "Repair" shall be synonymous with the terms "reconstruct" and
"renovate".
RESIDENTIAL USE means a dwelling or dwelling unit as defined herein.
RESORT means a tourist establishment that operates throughout all or part of the year
and that has facilities for serving meals and furnishing equipment, supplies or services
to persons in connection with recreational purposes.
RETAIL COMMERCIAL ESTABLISHMENT means a building, or part of a building, in
which goods, wares, merchandise, substances, articles or services are offered or kept
for sale at retail or on a rental basis.
3-28
RIDING SCHOOL OR BOARDING STABLE means an area of land or buildings which
is/are used as an education centre for horse training, handling, care or for the lodging
of horses. It may include accessory buildings for human habitation.
RIGHT-OF-WAY, PRIVATE means a private road which affords access to abutting lots
and does not include a lane, street, road or highway as herein defined, or a railway
right- of-way.
SALVAGE YARD means a place where goods, wares, merchandise, articles or things
are processed for further use and where such goods, wares, merchandise, articles or
things are stored wholly or partly in the open. This definition may include a junk yard,
a scrap metal yard and a motor vehicle wrecking yard or premises. A Salvage Yard
shall not include an establishment where the principal or main use of a lot is the
storage and/or recycling of use vehicle tires.
SANITARY LANDFILL SITE or SOLID WASTE LANDFILL SITE means a place or
facility where garbage, refuse or domestic or other waste is disposed of or processed
under controlled circumstances, but does not include the treatment or disposal of liquid
industrial or hazardous waste.
SANITARY SEWER means an adequate system of underground conduits, operated
either by the Corporation or by the Ministry of the Environment, which carries sewage
to an adequate place of treatment which meets with the approval of the Ministry of the
Environment.
SATELLITE DISH means a device designed to receive communication signals from a
satellite.
SAW AND/OR PLANING MILL means a building, structure or area where timber is
cut, sawed or planed, either to finished lumber, or as an intermediary step and may
include facilities for the kiln drying of lumber and may or may not include the
distribution of such products on a wholesale or retail basis.
SCHOOL, PUBLIC means a school under the jurisdiction of a Board as defined by the
Ministry of Education.
SEASONAL CAMP means an establishment that is owned and operated by a private
club or organization for the boarding and lodging of children during the summer
months only, and my include such activities as boating, riding and archery.
3-29
SELF STORAGE BUILDING means a building, or part of a building or structure, in
which individual units are provided on a rental basis for the storage of business and/or
personal goods and household effects.
SENSITIVE LAND USE means a building, amenity area or outdoor space where
routine or normal activities occurring at reasonably expected times would experience
one or more adverse effect(s) such as noise, vibration, odours and other air emissions,
litter, dust and other particulates, and other contaminants, generated by a nearby
industrial facility or land use. The sensitive land use may be a part of the natural or
built environment.
Depending upon the particular facility or land use involved, a sensitive land use and
associated activities may include, but are not limited to, one or a combination of:
(a)
residences, uses or facilities where people sleep, for example, dwellings,
nursing homes, hospitals, trailer parks, camp grounds, mobile home parks,
etc. These uses are considered to be sensitive 24 hours/day;
(b)
permanent institutional uses such as schools, churches, municipal
offices, libraries, community centres, and day care centres); and
(c)
community and neighbourhood parks and playgrounds.
SEPTIC TANK shall mean a watertight vault in which sanitary sewage is collected for
the purpose of removing scum, grease and solids from the liquid without the addition of
air and in which solids settling and anaerobic digestion of the sanitary sewage takes
place.
SERVICE SHOP means a building or part of a building for the servicing or repairing of
articles, goods or materials other than heavy machinery or equipment, or motor
vehicles.
SERVICE SHOP, PERSONAL means a building or part of a building in which persons
are employed in furnishing services and otherwise administering to the individual and
personal needs of persons, such as a barber's shop, hairdressing establishment or
other similar services.
SETBACK means the horizontal distance from the property line, measured at right
angles to such property line, to the nearest part of any building or structure on the lot.
Setback requirements to street centrelines shall be accordance with Section 4.30 of
this By-law.
SEWAGE SYSTEM - PRIVATE means any type of mechanism or apparatus designed
and intended for the collection, treatment or purification, and disposal of human waste;
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and shall typically includes a tank, pumping chambers, weeping tile, or filter bed
arrangement and any building connections
SEWAGE TREATMENT FACILITY means a building or structure approved by the
Ministry of Environment, where domestic and/or industrial waste is treated.
SHIPPING CONTAINER means a standardized, reusable steel box originally
constructed to contain materials and products for storage and movement securely in
the global containerized freight transportation system - also termed 'sea containers',
'storage containers', and 'cargo containers' - but shall not include a motor vehicle, a
dumpster, or recycling receptacle. Zone requirements shall be in accordance with
Section 4.2.19 of this By-law.
SHOPPING CENTRE means a group of commercial uses, which has been designed,
developed and managed as a unit by a single owner or tenant, or a group of owners or
tenants, as distinguished from a business area comprising unrelated individual uses.
SIGHT TRIANGLE means the triangular space formed on a corner lot by the street
lines 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 (29.53 ft.) measured along the street line from the
point of intersection of 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.
This definition shall also include the sight triangle formed on a corner lot at the
intersection of a rail line and a street.
SIGN means any identification, description, illustration or device illuminated or non-
illuminated including any supporting structure that is visible from any public place or
located on private property and exposed to the public which directs attention to a
product, service, place, activity, person, institution, business or solicitation. Without
limiting the generality of the foregoing, a sign includes any permanently installed or
situated merchandise; or any emblem, painting, banner, pennant, placard or temporary
sign designed to advertise, identify or convey information, but sign does not include
window displays and flags or emblems of patriotic, civic, educational, religious
organizations or private clubs.
SIGNIFICANT DRINKING WATER THREAT means an activity which poses or has the
potential to pose a significant risk to the source of a municipal drinking water system.
SIGNIFICANT DRINKING WATER THREAT, EXISTING means:
(a)
an activity that has been engaged in prior to the date that the Trent Source
Protection Plan took effect (January 1, 2015) and continues to occur;
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(b)
an agricultural activity as defined by the Trent Source Protection Plan that
has been engaged in at sometime within the 10-year period prior to the date
that the Trent Source Protection Plan takes effect (January 1, 2015);
(c)
an activity that is related to a development proposal where an application
was made under the Planning Act, Condominium Act, or Building Code Act
prior the Trent Source Protection Plan taking effect (January 1, 2015);
(d)
an activity that is related to an application made for the issuance or
amendment of a prescribed instrument (as defined in the Clean Water Act)
prior the Trent Source Protection Plan took effect (January 1, 2015).
SIGNIFICANT DRINKING WATER THREAT, FUTURE shall mean an activity that is
proposed to commence after the date the Trent Source Water Protection Plan takes
effect and is not an existing activity on January 1, 2015.
STOREY means that portion of a building or structure, other than an attic or basement,
which is situated between the top of any floor and the top of the floor, ceiling or roof next
above it.
STOREY, FIRST means the lowest storey of a building closest to finished grade
having its ceiling 1.8 metres (5.9 feet) or more above average finished grade.
STOREY, ONE-HALF means that portion of a building situated wholly or in part
within the roof and having its floor level not lower than 1.2 metres (3.94 ft.) below
the line where roof and outer wall meet and in which there is sufficient space to
provide a distance between finished floor and finished ceiling of at least 2.0
metres (6.56 ft.) over a floor area equal to at least 50 percent, but less than 75
percent, of the floor area of the storey next below.
STOREY, SECOND means that portion of a building situated above the first
storey and in which there is a vertical dimension of at least 2.0 metres (6.56
feet), measured from finished floor to finished ceiling, over a floor area equal to
at least 75 percent of the floor area of the storey next below.
STORM SEWER means a sewer which carries storm sewage or surface runoff but
excludes any sanitary sewer or any combination of sanitary sewers and storm sewers.
STREET OR ROAD means a highway as defined by the Municipal Act, as amended,
and the Highway Traffic Act, as amended, which affords the principal means of access
to abutting lots and does not include a lane or private right-of-way as defined in this
Bylaw.
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STREET OR ROAD, IMPROVED PUBLIC means a public street, road or highway
under the jurisdiction of the Province of Ontario, the County or the Corporation, which is
constructed to current design standards of the Province, County or Corporation, and
which is maintained so as to allow normal vehicular access to adjacent properties
throughout all seasons of the year.
STREET LINE means the limit of the street or road allowance and is the dividing line
between a lot or block and street or road.
STRUCTURE means anything that is erected, built or constructed or parts joined
together, the use of which requires location on or in the ground, or attached to
something having location on or in the ground but does not include a sign or tourist
trailer.
TILLABLE HECTARES means the total area of land including pasture that can be
worked or cultivated.
TOURIST ESTABLISHMENT means a building, area or facilities designed or used for
the accommodation of the travelling or vacationing public, and shall include a lodge,
resort, hotel, motel, and a rental cabin or rental cottage establishment, but shall not
include a trailer park or camp.
TOURIST HOME means a private dwelling that is not part of or used in conjunction with
any other tourist establishment, and in which there are more than three (3) rooms for
rent to the travelling or vacationing public, whether rented regularly, seasonally or
occasionally.
TOURIST TRAILER means any portable living unit having no permanent foundation
and supported by wheels, jacks or similar supports, used or so constructed as to permit
its being used as a conveyance upon public streets or highways and duly licensable as
such, and designed and constructed to permit occupancy for temporary living, eating
and sleeping accommodation of persons therein, and shall be deemed to include a tent
and shall not be occupied continuously or as a principle residence. This definition does
not include appurtenances to a trailer or park model trailer or landbased vehicles
originally designed, used or intended for water use.
TOURIST VEHICLE means any self-propelled vehicle including a bus, motor home,
truck or van, which is equipped for the temporary living, sleeping or eating
accommodation of persons. For the purposes of this By-law, "Tourist Vehicle" shall
include a Tourist Trailer.
TOWNSHIP STREET OR ROAD means a street or road under the jurisdiction of the
Corporation of the Township of Otonabee-South Monaghan.
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TRAILER means a vehicle that is at any time drawn upon a highway by a motor vehicle,
except an implement of husbandry, another motor vehicle or any device or apparatus
not designed to transport persons or property, temporarily drawn, propelled or moved
upon such highway, and except a side car attached to a motorcycle; which shall be
considered a separate vehicle and not part of the motor vehicle by which it is drawn,
and, for the purposes of this By-law does not include a mobile home dwelling as defined
herein.
TRAILER PARK OR CAMP means a tourist establishment consisting of at least five (5)
camping sites and comprising land used or maintained as grounds for the camping or
temporary parking of tourist trailers, motor homes, park model trailers, truck campers,
campers or tents, but does not include parks or camping grounds maintained by any
department of the Government of Ontario or of Canada; or any crown corporation,
commission or board.
TRUCK TRANSPORT TEMINAL means any land, building or structure or part thereof,
where trucks or tractor trailers are rented, leased, kept for hire, or stored, parked for
remuneration, or from which trucks or transports, stored or parked on the property, are
dispatched for hire as common carriers. This definition shall only apply to a use
permitted in Sections 15.7.7 and 17.6.7 of this By-law.
USE means, when used as a noun, the purpose for which a lot or building or structure,
or any combination thereof, is designed, arranged, occupied or maintained and when
used as a verb, "USED" shall have a corresponding meaning.
VALUE-RETAINING FACILITIES means are located on farms, serve to maintain the
quality of raw commodities produced on the farm (i.e., prevent spoilage) to ensure they
remain saleable. This includes facilities involving refrigeration (cold storage), controlled-
atmosphere storage, freezing, cleaning, grading, drying (e.g., grains, oilseeds, tobacco),
as well as simple, bulk packaging that helps maintain the quality of farm commodities.
VEHICLE means an automobile, all-terrain vehicle, snowmobile, motorcycle, motor
assisted bicycle, traction engine, farm tractor, road-building machine, self-propelled
implement of husbandry, and any other vehicle propelled or driven other than by
muscular power, but not including a railroad car or other motor vehicle running only
upon rails.
VETERINARIAN means a person registered under the provisions of the Veterinarians
Act, as amended.
VETERINARY CLINIC means a building or part of a building in which facilities are
provided for the prevention, cure and alleviation of disease and injury to animals, and in
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conjunction with which there may be temporary sheltering of animals during the
treatment period. A Veterinary Clinic shall not include a Commercial Kennel.
WAREHOUSE means a building or part of a building used for the storage of goods,
wares, merchandise, articles or things, and may include facilities for a wholesale or
retail commercial outlet, but shall not include a cartage, transport depot or Cannabis
Production and Processing.
WASTE TRANSFER PROCESSING FACILITY means a facility where off-specification
products, recyclable materials and wastes are received, sorted, bulked, stored,
processed to facilitate shipping (but not disposed of on-site), transferred and/or offered
for transport for off-site disposal, re-use, recycling or use as waste-derived fuel. Such
facility shall be approved under the Environmental Protection Act. This definition shall
only apply to a use referenced in Section 15.7.7 of this By-law and to a use permitted in
Section 17.6.7 of this By-law.
WASTE TRANSFER STATION means premises for the temporary storage of garbage
and waste materials awaiting transfer to a permanent solid waste disposal area and
may include a recycling depot.
WATER BODY means any bay, lake, canal or natural watercourse, but excludes a
drainage or irrigation channel.
WATERCOURSE means a body of water or the natural channel for a perennial or
intermittent stream of water.
WATER FRONTAGE means a piece of land fronting on and providing access to a
watercourse, bay or lake.
WATER SUPPLY SYSTEM, PUBLIC means an adequate distribution system of
underground piping and related storage, including pumping and purification
appurtenances operated by a municipal corporation and/or the Ministry of the
Environment and/or any public utilities commission for public use.
WATER SUPPLY PLANT means a building or structure, approved by the Ministry of
the Environment where water is treated for human consumption.
WELL means an underground source of water which has been rendered accessible by
the drilling or digging of a hole from ground level to the water table and may include a
private piped system from a surface water source.
WETLANDS means lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface. In either case
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the presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic plants or other water tolerant plants. The
four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked
or wet lands being used for agricultural purposes which no longer exhibit wetland
characteristics are not considered to be wetlands for the purpose of this definition.
WORKSHOP means a building or part of a building where fabrication or manufacturing
is performed by tradesmen requiring manual or mechanical skills and may include a
carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a
commercial welders shop, or similar uses.
YARD means a space, appurtenant to a building or structure, located on the same lot
as the building or structure, 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 the By-law.
YARD, FRONT, means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of any building or structure on the lot, the
nearest outside storage use on the lot, or edge or rim of an excavation on the lot.
YARD, FRONT DEPTH, means 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
outside storage use on the lot, or the edge or rim of an excavation on the lot.
YARD, REAR, means a yard extending across the full width of the lot between the rear
lot line of the lot and the nearest part of any building or structure on the lot, or the
nearest outside storage use on the lot, or the edge or rim of an excavation on the lot.
YARD, REAR DEPTH, means 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
outside storage use on the lot, or the edge or rim of an excavation on the lot.
YARD, REQUIRED, means the minimum yard required by the provision of this By-law.
YARD, SIDE, means a yard extending from the required front yard to the required rear
yard and from the side lot line of the lot to the nearest part of any building or structure
on the lot, or the nearest outside storage use on the lot, or the edge or rim of an
excavation on the lot.
YARD, SIDE EXTERIOR, means a side yard immediately adjoining a public street.
YARD, SIDE INTERIOR, means a side yard other than an exterior side yard.
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YARD, SIDE WIDTH, means the least horizontal dimensions between the side lot line
of the lot and the nearest part of any building or structure on the lot, or the nearest
outside storage use on the lot, or edge or rim of an excavation on the lot.
YARD, WATER, means the yard extending from the high water mark on any body of
water to the nearest wall of any building or structure on the lot.
ZONE means a designated area of land shown on Schedule "A" hereto and includes any
special zone used in this By-law.
ZONE PROVISIONS means the permissible uses or activities, the minimum area and
dimensions of lots, the minimum dimensions of yards, the maximum lot coverage, the
minimum setback, the minimum gross floor area, the minimum landscaped open space,
the maximum height of buildings, minimum parking area requirements, and all other
standards and regulations of the respective Zones as are set out within the By-law.