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TOWNSHIP OF PELEE
ZONING BY-LAW NO 2012-24
TABLE OF CONTENTS
SECTION 1.0
ADMINISTRATION AND INTERPRETATION ...................................................3
1.1
TITLE OF BY-LAW ................................................................................................................... 3
1.2
SCOPE OF BY-LAW ................................................................................................................ 3
1.3
APPLICATION ........................................................................................................................... 3
1.4
INTERPRETATION OF BY-LAW ........................................................................................... 3
1.5
MEASUREMENTS ................................................................................................................... 4
1.6
SCHEDULES FORM PART OF BY-LAW ............................................................................. 4
1.7
ADMINISTRATION ................................................................................................................... 4
1.8
INSPECTION ............................................................................................................................. 4
1.9
BUILDING PERMITS ............................................................................................................... 5
1.10
RISK, EXPENSE AND COMPLIANCE .................................................................................. 5
1.11
VIOLATIONS AND PENALTIES ............................................................................................. 5
1.12
ORDER OF PROHIBITION ..................................................................................................... 5
1.13
REMEDIES ................................................................................................................................ 6
1.14
SEVERABILITY PROVISIONS ............................................................................................... 6
1.15
REPEAL OF EXISTING BY-LAWS ........................................................................................ 6
1.16
EFFECTIVE DATE ................................................................................................................... 6
SECTION 2.0
DEFINITIONS ......................................................................................................7
SECTION 3.0
GENERAL PROVISIONS ................................................................................. 35
3.1
ACCESSORY USES .............................................................................................................. 35
3.2
CONSTRUCTION USES ....................................................................................................... 35
3.3
ENVIRONMENTAL REVIEW REQUIREMENT ................................................................. 36
3.4
EXISTING LOTS ..................................................................................................................... 36
3.5
EXPROPRIATIONS AND DEDICATIONS .......................................................................... 36
3.6
EXTERNAL BUILDING MATERIALS .................................................................................. 36
3.7
FRONTAGE ON A PUBLIC ROAD ...................................................................................... 36
3.8
GROUP HOMES ..................................................................................................................... 36
3.9
HAZARD LANDS, LAKE ERIE FLOODPRONE AREA AND SHORELINE SETBACK
REGULATIONS .................................................................................................................................... 37
3.10
HEIGHT RESTRICTION EXCEPTIONS ............................................................................. 38
3.11
HOME OCCUPATION ........................................................................................................... 38
3.12
HOME BUSINESS - AGRICULTURAL ............................................................................... 39
3.13
LANDSCAPING AND PLANTING STRIPS ........................................................................ 39
3.14
LOTS WITH MORE THAN ONE USE OR ZONE .............................................................. 40
3.15
LOSS BY NATURAL CAUSES ............................................................................................. 41
3.16
MINIMUM DISTANCE SEPARATION FORMULAE (MDS I &II) ..................................... 41
3.17
MINIMUM FLOOR AREA ...................................................................................................... 42
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3.18
MINIMUM SEPARATION FOR KENNELS ......................................................................... 42
3.19
MINIMUM SEPARATION FOR PORTABLE ASPHALT PLANT ..................................... 42
3.20
MINIMUM SETBACKS FROM MUNICIPAL DRAINS ....................................................... 42
3.21
MINIMUM SEPARATION FROM SEWAGE TREATMENT FACILITIES ....................... 43
3.22
MOBILE HOMES .................................................................................................................... 43
3.23
NON-COMPLYING BUILDINGS AND STRUCTURES .................................................... 43
3.24
NON-COMPLYING USE: ADDITIONS AND ACCESSORY USES ................................ 43
3.25
NUMBER OF MAIN BUILDINGS ON A LOT ...................................................................... 43
3.26
OPEN STORAGE ................................................................................................................... 43
3.27
OUTDOOR SWIMMING POOLS AND RELATED STRUCTURES ................................ 44
3.28
PARKING REGULATIONS ................................................................................................... 45
3.29
PETROLEUM WELLS AND PETROLEUM WORKS ........................................................ 47
3.30
PROHIBITED USES ............................................................................................................... 48
3.31
PUBLIC OUTDOOR PATIOS ............................................................................................... 48
3.32
PUBLIC USES PERMITTED ................................................................................................. 48
3.33
SEQUENCE OF DEVELOPMENT ....................................................................................... 49
3.34
SERVICING REQUIREMENTS FOR ALL DEVELOPMENT ........................................... 49
3.34A
SHIPPING CONTAINERS AND TEMPORARY STORAGE UNITS ........................... 49
3.35
SIGHT VISIBILITY TRIANGLES .......................................................................................... 50
3.36
TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN
HABITATION, OFFICE OR STORAGE PURPOSES ..................................................................... 50
3.37
USES PERMITTED IN ALL ZONES .................................................................................... 51
3.38
WIND ENERGY GENERATION SYSTEM ......................................................................... 51
3.39
YARD ENCROACHMENTS AND OBSTRUCTIONS ........................................................ 51
SECTION 4.0
ZONES AND ZONING MAP ............................................................................ 53
4.1
ESTABLISHMENT OF ZONES ............................................................................................ 53
4.2
USE OF SYMBOLS ................................................................................................................ 53
4.3
REGULATION LIMITS ........................................................................................................... 54
4.4
SCOPE OF ZONE REQUIREMENTS ................................................................................. 54
4.5
SPECIAL PROVISION ZONES ............................................................................................ 54
4.6
INTERPRETATION OF ZONE BOUNDARIES .................................................................. 54
4.7
HOLDING SYMBOL (h) ......................................................................................................... 55
SECTION 5.0
AGRICULTURAL (A) ZONE ............................................................................ 56
5.1
PERMITTED USES ................................................................................................................ 56
5.2
REGULATIONS ...................................................................................................................... 56
5.3
SPECIAL USE REGULATIONS ........................................................................................... 56
5.4
SPECIAL PROVISIONS ........................................................................................................ 57
SECTION 6.0
RESIDENTIAL 1 (R1) ZONE ............................................................................ 62
6.1
PERMITTED USE ................................................................................................................... 62
6.2
REGULATIONS ...................................................................................................................... 62
6.3
SPECIAL USE REGULATIONS ........................................................................................... 62
6.4
SPECIAL PROVISIONS ........................................................................................................ 62
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SECTION 7.0
RESIDENTIAL 2 (R2) ZONE ............................................................................ 66
7.1
PERMITTED USE ................................................................................................................... 66
7.2
REGULATIONS ...................................................................................................................... 66
7.3
SPECIAL USE REGULATIONS ........................................................................................... 66
7.4
SPECIAL PROVISIONS ........................................................................................................ 66
SECTION 8.0
GENERAL COMMERCIAL (C1) ZONE ............................................................ 68
8.1
PERMITTED USES ................................................................................................................ 68
8.2
REGULATIONS ...................................................................................................................... 69
8.3
SPECIAL USE REGULATIONS ........................................................................................... 69
8.4
SPECIAL PROVISIONS ........................................................................................................ 69
SECTION 9.0
TOURIST COMMERCIAL (C2) ZONE .............................................................. 71
9.1
PERMITTED USES ................................................................................................................ 71
9.2
REGULATIONS ...................................................................................................................... 71
9.3
SPECIAL USE REGULATIONS ........................................................................................... 71
9.4
SPECIAL PROVISIONS ........................................................................................................ 72
SECTION 10.0 RESORT (RS) ZONE ........................................................................................ 73
10.1
PERMITTED USES ................................................................................................................ 73
10.2
REGULATIONS ...................................................................................................................... 73
10.3
SPECIAL USE REGULATIONS ........................................................................................... 73
10.4
SPECIAL PROVISIONS ........................................................................................................ 74
SECTION 11.0 EXTRACTIVE INDUSTRIAL (EI) ZONE ........................................................... 75
11.1
PERMITTED USES ................................................................................................................ 75
11.2
REGULATIONS ...................................................................................................................... 75
11.3
SPECIAL USE REGULATIONS ........................................................................................... 75
11.4
SPECIAL PROVISIONS ........................................................................................................ 75
SECTION 12.0 INSTITUTIONAL (IN) ZONE ............................................................................. 76
12.1
PERMITTED USES ................................................................................................................ 76
12.2
REGULATIONS ...................................................................................................................... 76
12.3
SPECIAL USE REGULATIONS ........................................................................................... 76
12.4
SPECIAL PROVISIONS ........................................................................................................ 76
SECTION 13.0 OPEN SPACE (OS) ZONE................................................................................ 77
13.1
PERMITTED USES ................................................................................................................ 77
13.2
REGULATIONS ...................................................................................................................... 77
13.3
SPECIAL USE REGULATIONS ........................................................................................... 77
13.4
SPECIAL PROVISIONS ........................................................................................................ 77
SECTION 14.0 ENVIRONMENTAL PROTECTION (EP) ZONE ............................................... 79
14.1
PERMITTED USES ................................................................................................................ 79
14.2
REGULATIONS ...................................................................................................................... 79
14.3
SPECIAL USE REGULATIONS ........................................................................................... 79
14.4
SPECIAL PROVISIONS ........................................................................................................ 79
SECTION 15.0 DEVELOPMENT RESERVE (DR) ZONE ......................................................... 80
15.1
PERMITTED USES ................................................................................................................ 80
15.2
REGULATIONS ...................................................................................................................... 80
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15.3
SPECIAL USE REGULATIONS ........................................................................................... 80
15.4
SPECIAL PROVISIONS ........................................................................................................ 80
SCHEDULE 'A' - Zoning Maps
SCHEDULE 'B' - Lake Erie Floodprone Area
SCHEDULE 'C' - Environmental Review Areas
APPENDIX A - Minimum Distance Separation
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THE CORPORATION OF THE TOWNSHIP OF PELEE
BY-LAW NO 2012-24
Being a By-law to regulate the use of lands and character, location and use of buildings and
structures within the Township of Pelee pursuant to Section 34 of the Planning Act.
PREAMBLE
WHEREAS Section 34 of the Planning Act, provides that the Council of a local Municipality may
pass By-laws to regulate the use of lands and the character, location and use of buildings and
structures;
AND WHEREAS the Council of The Corporation of the Township of Pelee has recommended
that such a By-law be enacted in order to implement the policies and designations contained
within the Official Plan for the Township of Pelee and to ensure proper and orderly development
within the corporate limits of the Township of Pelee;
AND WHEREAS the Council of The Corporation of the Township of Pelee has deemed it to be
in the public interest that such a By-law be enacted;
NOW THEREFORE the Council of The Corporation of the Township of Pelee ENACTS as
follows:
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SECTION 1.0
ADMINISTRATION AND INTERPRETATION
1.1
TITLE OF BY-LAW
This By-law may be cited as the Township of Pelee "Zoning By-law".
1.2
SCOPE OF BY-LAW
a.
Lands Subject to By-law
The provisions of this By-law shall apply to all those lands lying within the Corporate
Limits of the Township of Pelee.
b.
Compliance with Zoning By-law
No person shall, within the lands to which this By-law applies, use any land or erect or
use any buildings or structures in whole or in part, except in conformity with the
provisions of this By-law.
1.3
APPLICATION
a.
Existing Use Continued
Nothing in this By-law shall prevent:
i. The use of any land, building or structure for any purpose prohibited by
this By-law if such land, building or structure was lawfully used for such
purpose on the day of the passing of this By-law, so long as it continues
to be used for that purpose.
ii. The erection or use of any building or structure for a purpose prohibited
by the By-law, the plans of which have, prior to the day of the passing of
this By-law, been approved by the Building Inspector, so long as the
building or structure when erected is used and continues to be used for
the purpose for which it was approved and provided the building permit
has not been revoked under the Building Code Act.
b.
Compliance with Other Restrictions
This By-law shall not be construed so as to reduce or mitigate any other
restrictions or regulations lawfully imposed by the Corporation or by any
governmental authority having jurisdiction to make such restrictions or
regulations.
1.4
INTERPRETATION OF BY-LAW
a.
Definitions
In this By-law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 hereof shall apply.
b.
Text
Unless specified otherwise, the following shall apply throughout the text of this
By-law:
i. The specific shall control the general;
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ii. The word "shall" is to be construed as mandatory and not discretionary;
iii. In this By-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall
include the female gender and vice versa.
iv. Words used in the present tense shall include the future tense;
v. A building or structure shall include any part thereof;
vi. Any Act or Regulation referred to in this By-law shall include any
amendments or revisions made thereto or any subsequent Act or
Regulation enacted in place thereof; and
vii. Unless the context requires otherwise, the verb "use" shall include
"design to be used", "arrange to be used", "intend to be used", and "permit
to be used"; and the verb "occupy" shall include "design to be occupied",
"arrange to be occupied", "intend to be occupied", and "permit to be
occupied".
1.5
MEASUREMENTS
All measurements of length or area used in this By-law shall be subject to the normal
rules of rounding numbers, within the degree of precision specified by the number of
digits following the decimal point (if any), so that:
a.
For a WHOLE NUMBER, measurements of LESS THAN 0.5 shall be rounded
DOWNWARD to the next whole unit;
b.
For a WHOLE NUMBER, measurements of 0.5 AND GREATER shall be
rounded UPWARD to the next whole unit;
c.
For a number having ONE DECIMAL PLACE, measurements of LESS THAN
0.05 shall be rounded DOWNWARD to the next one-tenth unit;
d.
For a number having ONE DECIMAL PLACE, measurements of 0.05 AND
GREATER shall be rounded UPWARD to the next one-tenth unit.
Ratios and percentage figures shall not be subject to rounding.
1.6
SCHEDULES FORM PART OF BY-LAW
Schedules "A", "B", "C" and "D" form part of this By-law as fully and to all intents and
purposes as though recited in full herein.
The location and boundaries of the zones and the special provisions established by this
By-law are shown on Schedule "A".
1.7
ADMINISTRATION
This By-law shall be administered by a person designated from time to time by Council
as the Zoning Administrator.
1.8
INSPECTION
a.
Subject to Subsection (b) the Zoning Administrator, or any other assigned officer
or employee of the Corporation, is hereby authorized to enter, at all reasonable
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hours, upon any property or premises for the purpose carrying out his duties
under this By-law.
b.
Notwithstanding anything to the contrary in Clause (a) of this Subsection, no
officer or employee of the Corporation shall enter any room or place actually
being used as a dwelling unit or part thereof without the consent of the occupier,
except under the authority of a search warrant issued under Section 158.(1) of
the Provincial Offences Act (R.S.O. 1990), Chapter P. 33.
1.9
BUILDING PERMITS
a.
Application for a Building Permit
In addition to all of the requirements of the Ontario Building Code, no building
permit shall be issued in respect of the erection or alteration of a building or
structure until all information required by the Municipality under any By-law of the
Municipality has been submitted to, and approved, by the Chief Building Official.
b.
Issuance of a Building Permit
No building permit shall be issued where a proposed building, structure or
alteration to an existing building or structure would contravene in any way, the
Ontario Building Code, or this By-law, or any other By-law of the Municipality.
1.10 RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of which
such matters are required hereby.
1.11 VIOLATIONS AND PENALTIES
a.
Persons
Every person, other than a corporation, who contravenes this By-law is guilty of
an offence and on conviction is liable on a first conviction to a fine of not more
than $25,000 and, 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 the person was convicted, as prescribed by the Planning
Act.
b. Corporations
Every corporation which contravenes this By-law is guilty of an offence and on
conviction is liable on a first conviction, to a fine of not more than $50,000 and,
on a subsequent conviction, to 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, as prescribed by the Planning Act.
1.12 ORDER OF PROHIBITION
When a conviction is entered, in addition to any other remedy or any penalty provided by
law, the Court in which the conviction has been entered, and any Court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or repetition of
the offense by the person convicted.
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1.13 REMEDIES
a.
Legal Recourse
Where any building or structure is or is proposed to be erected, altered,
reconstructed, extended or enlarged, or any building or structure that is, or is
proposed to be used, in contravention of this By-law, the same may be restrained
by an action of any person or of the Municipality under the Planning Act, the
Municipal Act, or the Courts of Justice Act.
b.
Payment of Costs and Reimbursement
Where a person or corporation is in default of the provisions of this By-law and
has been notified or directed by the Municipality to remedy this default and fails
to do that matter or thing required, such matter or thing may be done by the
Municipality, its employees, servants or agents at the person or corporation's
expense. Where a person or corporation has refused or neglected to reimburse
the Municipality for the cost of such work, thing or matter done, the same may be
recovered by the Municipality by adding the cost to the tax roll and collecting
them in the same manner as property taxes.
1.14 SEVERABILITY PROVISIONS
A decision of a Court that one or more of the provisions of this By-law are invalid in
whole or in part does not affect the validity, effectiveness or enforceability of the other
provisions or parts of the provisions of this By-law.
1.15 REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous By-laws passed under Section 34
of the Planning Act, or any predecessor thereof, shall be repealed.
1.16 EFFECTIVE DATE
This By-law shall become effective from the date of its passing by Council and comes
into force in accordance with Section 34 of the Planning Act.
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SECTION 2.0 DEFINITIONS
The presence of definitions of various uses contained in this Section does not necessarily mean
that the use is a permitted use within the Township of Pelee unless specifically listed as a
permitted use in a zone or zones.
For the purposes of this By-law, the following definitions shall apply:
"ABANDONED" means the failure, in the opinion of the Zoning Administrator, to proceed
expeditiously with construction work or to undertake the construction work during any
continuous 12-month period.
"ac" means acre.
"ACCESSORY", when used to describe a use, a building or a structure, means a use, a building
or a structure that is incidental, subordinate and exclusively devoted to a main use, building or
structure and located on the same lot therewith, and shall not include a residential use unless
specifically stated otherwise.
"ACCESSORY DWELLING UNIT" - See "DWELLING UNIT"
"ADDITIONAL DWELLING UNIT" - See "DWELLING UNIT"
"ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, goods or services appealing
to or designed to appeal to erotic or sexual appetites or inclinations.
"services" includes activities, facilities, performances, exhibitions, viewings and encounters but
does not include the exhibition of film approved under the Theatres Act;
"services designed to appeal to erotic or sexual appetites or inclinations" includes:
(a)
services of which a principal feature or characteristic is the nudity or partial nudity of any
person;
(b)
services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or
any other word or picture, symbol or representation having like meaning or implication as
used in any advertisement.
"ADULT ENTERTAINMENT USE" means any premises or part thereof in which is provided, in
pursuance of a trade, calling, business or occupation, goods or services or entertainment
appealing to or designed to appeal to erotic or sexual appetites or inclinations. Adult
Entertainment Use also includes an Adult Entertainment Parlour, and Adult Video Store, an
Adult Specialty Shop and a principal use Body Rub Parlour.
For the purposes of the definition of Adult Entertainment Use, the following definitions also
apply:
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"goods" includes books, magazines, pictures, slides, film, disks, phonograph records,
prerecorded magnetic tape and any other viewing or listening matter, clothing and
accessories; "services or entertainment" includes activities, facilities, performances,
exhibitions, viewings and encounters but does not include the exhibition of film approved
under the Theatres Act;
"services or entertainment which are designed to appeal to erotic or sexual appetites or
inclinations" and includes,
(a)
services or entertainment of which a principal feature or characteristic is the nudity or
partial nudity of any person, including, but not limited to the nudity or partial nudity of
specified body areas; and,
(b)
services or entertainment in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy", or any other word or any other picture, symbol or representation
having like meaning or implication is used in any advertisement.
"ADULT VIDEO STORE" means an establishment where pre-recorded video tape, video discs,
film and/or slides made or designed to appeal to erotic or sexual appetites or depicting sexual
acts are offered for rent or sale where the proportion of adult videotapes to non-adult videotapes
offered is equal to or exceeds the ratio of 10:100 (adult videotape to non-adult videotape). An
Adult Video Store shall not include facilities for the screening or viewing of such products.
"AGRICULTURAL USE" means the cultivation of land, the production of crops and the
processing and selling of such produce on a lot, and the breeding, raising and care of livestock
and the selling of such livestock or the produce of such livestock raised on a lot, and includes a
farm greenhouse and a commercial greenhouse, and includes aquaculture, as well as one
single detached dwelling accessory to the main agricultural use.
"AGRICULTURAL HOME BUSINESS" means an operation or business conducted for gain or
profit as a secondary use and located within a building or structure which is part of, or accessory
to, the main farming operation.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means the use of land, buildings or structures
for the purpose of supply of goods, materials or services that are necessary to support
agricultural uses as defined by this By-law. These shall include such goods and services as
sale, processing and storage of seed, feed, fertilizers and chemical products, farm machinery
and equipment sales and service, and animal and poultry health and breeding services.
"AISLE" means lands used by a motor vehicle for access to and from an off-street parking
space, but does not include a driveway.
"ALTER" means:
(a)
when used in reference to a building or part thereof, to change any one or more of the
external dimensions of such building or to make any change in the supporting members
or to the type of construction of the exterior walls or roof thereof; and
(b)
when used in reference to a lot, to change the lot area, lot frontage or lot depth, to
change the width, depth or area of any required yard, setback, landscaped open space
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or parking area thereof, or to change the location of any lot line, whether such alteration
is made by conveyance or otherwise; and
(c)
when used in reference to a use, to discontinue and replace a use, in whole or in part,
with a use as defined herein which is distinct and different from the discontinued use.
"ALTERNATIVE ENERGY SYSTEM" means sources of energy or energy conversion process
that significantly reduces the amount of harmful emissions to the environment (air, earth and
water) when compared to conventional system.
"AMUSEMENT"
(a)
"AMUSEMENT GAME ESTABLISHMENT" means a building or a part thereof within
which more than three amusement game machines are available to the public.
(b)
"AMUSEMENT GAME MACHINE" means a mechanical, electrical or electronic device
activated by the insertion of a coin or token for the play of a game of chance and/or skill
that is not contrary to the Criminal Code of Canada.
(c)
"AMUSEMENT PARK" means an establishment regardless of whether or not it is
maintained or operated for gain or profit, where rides, games of chance and/or skill and
the sale of food, beverages, toys and souvenirs constitute the main uses.
"AQUACULTURE" means land and water devoted to the hatching, raising, or breeding of fish or
other aquatic plants or animals for sale and/or personal use.
"ARENA / HALL" means a building or structure designed, used or intended for athletic, civic,
educational, recreational, political, religious, or social events and, without limiting the generality
of the foregoing, may include an assembly hall, auditorium, banquet hall, curling rink,
gymnasium, ice rink, recreational centre or stadium.
"ASPHALT / CONCRETE BATCHING PLANT" means an establishment used for the production
of asphalt, concrete, or ready mix products used in building or construction and includes
facilities for the administration and management of the business, the stockpiling of bulk
materials used in the production process or a finished product manufactured on the premises
and the storage and maintenance required equipment.
"ASPHALT PLANT, PORTABLE" means a facility:
(a)
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
(b)
which is not of permanent construction, but is designed to be dismantled and moved to
another location as required; and
(c)
which is not operated for more than six months in any calendar year.
"ATTACHED" when used in reference to a building, means a building otherwise complete in
itself which depends for structural support or for complete enclosure upon a division wall or
division walls shared in common with adjacent building or buildings.
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"ATTIC" - See "STOREY".
"AUTO BODY REPAIR SHOP" means an establishment for the repair of damage to a motor
vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of the
foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor
vehicles and the rebuilding or conversion of automotive engines or engine parts, but does not
include an automobile repair shop, an impounding yard, an automobile service station or a gas
bar.
"AUTOMOBILE SERVICE STATION" means an establishment where vehicle fuels, lubricants
and accessories are offered for retail sale and which contains facilities for the repair and
maintenance of vehicles.
"AUTOMOTIVE USE" means an automobile service station, a gas bar, a vehicle repair shop, an
automobile sales and service establishment, an auto body repair shop or a vehicle sales and
rental establishment, as defined herein.
"BAKERY" means a building for producing, mixing, compounding or baking bread, biscuits,
cakes or other baked products.
"BAKE SHOP" means a retail store where bakery products are offered for sale, some or all of
which may be prepared on the premises and may include an eating area within the same
building.
"BALCONY" means a stage or platform, other than a stoop, projecting from the wall of a building
and accessible from inside such building by means of a door.
"BANK" - See "FINANCIAL OFFICE".
"BASEMENT" - See "STOREY".
"BAY, WINDOW" means a window that projects outward from the dwelling wall/face with or
without foundation.
"BED AND BREAKFAST ESTABLISHMENT" means an existing single detached dwelling in
which no more than three guest room are made available by resident of the dwelling for the
temporary accommodation of travelers in the course of which no assistance is offered by any
person not residing in the dwelling. This does not include a hotel, motel, boarding or lodging
house, or restaurant as defined herein.
"BEDROOM" means a habitable room located within a dwelling unit and used primarily for
sleeping.
"BERM" means a landscaped mound of earth.
"BIOMASS" means any plant derived organic matter available on a renewable basis.
"BIOMASS ENERGY SYSTEM" means a renewable electrical generation facility using
renewable biomass resources and/or waste products that produces electrical power for needs of
a user or to feed into the transmission or local distribution grid. A biomass energy system
includes anaerobic digesters used principally for the generation of electricity.
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"BOARDING HOUSE or LODGING HOUSE or ROOMING HOUSE" means a building or part
thereof in which the proprietor resides and supplies, for hire or gain, to more than three other
persons, lodging and/or meals, but shall not include a hotel, motel, hospital, home for the young
or the aged, or other institutional use, or restaurant but includes a sorority or fraternity house.
"BOAT" means a vessel propelled by oars, sail, an engine or paddles.
"BOATHOUSE" means an accessory building built or anchored near the shore for the berthing
and sheltering of boats or other marine related equipment and enclosed by more than one wall
and shall not include habitable living space, the commercial storage of boats, or the sale of fuel
or marine products. Boat house shall not include a marina or yacht club.
"BODY-RUB ESTABLISHMENT" includes any premises or part thereof where a body-rub is
performed, offered, or solicited in pursuance of a trade, calling, business or occupation, but
does not include any premises or part thereof where the body-rubs performed are for the
purpose medical or therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the Province of Ontario.
"BUILDING" means a structure occupying an area greater than 10 square m consisting of any
combination of walls, roof and floor, or a structural system serving the function thereof, including
all associated works, fixtures and service system.
"BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for the purposes
of undertaking or managing activities engaged in maintaining and building structures, or works,
additions or renovations and typically includes the offices of general building contractors,
general contractors, specialized trades and building maintenance services such as window
cleaning and extermination services. Also included is the prefabrication of building equipment
and materials and wrecking and demolition contractors' offices, but does not include salvage
yards.
"BUILDING HEIGHT" - See "HEIGHT".
"BUILDING LINE" means a line drawn parallel to a lot line which establishes the distance
between the lot line and the nearest face of a building or structure. Where the lot line is a curve,
the same shall apply.
"BUILDING, MAIN" means a building that functions as the building in which the main use of the
lot is carried out.
"BUILDING PERMIT" means a permit required by the Building Code Act.
"BUSINESS OFFICE" means a building or part thereof in which one or more persons is
employed in the management, direction or conducting of a public or private agency, a business,
a brokerage or a labour or fraternal organization, including, but not so as to limit the generality
of the foregoing, an office accessory to a permitted non-residential use, a telegraph office, a
bank or other financial institution, the premises of a real estate or insurance agent, a data
processing establishment, a newspaper publisher or a radio or television broadcasting station
and related studios or theatres, but does not include a retail store or a professional office.
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"CAMPGROUND" means a use, consisting of camping sites, and comprising land used for
seasonal recreational activity as grounds for the camping or parking of tents, travel trailers, truck
campers, but not mobile homes or a mobile home park.
"CARPORT" means a covered structure used for the storage of vehicles. The roof of the said
structure shall be supported by piers or columns so that 50 per cent of its wall area adjacent to
the lot line is unenclosed.
"CELLAR" - See "STOREY".
"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.
"CENTRE LINE, STREET" means the centerline of the original road allowance.
"CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation charged with
the duty of enforcing the provisions of the Ontario Building Code and the provisions of the By-
law.
"CHURCH" means a building owned or occupied by a religious congregation or religious
organization and dedicated exclusively to worship and related religious, social and charitable
activities, with or without a church hall, a church auditorium, a convent or monastery, an office of
a clergyman, a cemetery, a Sunday school, a parish hall or a parsonage as uses accessory
thereto.
"CINEMA" means a building or part thereof used for the showing or viewing of motion pictures.
"CLINIC" means a building or part thereof, other than a hospital, used by medical doctors,
dentists, and/or drugless practitioners and their staff for the purposes of consultation, diagnosis
or treatment of human patients, and may include administrative offices, waiting room, treatment
room, laboratories, pharmacies and dispensaries directly associated with the clinic. The area
for the sale of drugs shall not exceed 90 square m (1,000 square feet).
"CLINIC, ANIMAL" means a building or part thereof, designed, used or intended for use by a
veterinarian and his assistants for the purpose of providing for the care and treatment of pets
raised or housed for recreational or hobby purposes, without overnight accommodation, and
without limiting the generality of the foregoing, includes dogs, cats and birds but does not
include livestock.
"CLUB, PRIVATE" or "PRIVATE CLUB" means a building or premises located on privately
owned lands, operated on a non-profit basis for social, literary, cultural, political, educational or
recreational purposes for the exclusive use of members and their guests and not open to the
general public on an equal basis. A private club includes a fraternal organization, but does not
include an assembly hall, body rub parlour or adult entertainment parlour.
"COMMERCIAL RECREATION ESTABLISHMENT" means a building, or part thereof, used for
the purposes of an arena, auditorium, public hall, billiard or pool room, bingo hall, bowling alley,
dance hall, gym or fitness centre, ice or roller rink, indoor racquet courts, indoor swimming pool,
and all places of amusement, but not including an amusement games establishment, cinema or
other theatre, drive-in theatre or amusement park.
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(a)
"COMMERCIAL RECREATION ESTABLISHMENT, OUTDOOR" means an outdoor
facility or facilities operated for gain or profit which may include, but not necessarily be
restricted to, a water slide, a commercial outdoor swimming pool, a wave pool, a
baseball batting cage or a paddleboat or bumper-boat pool, but shall not include a go-
kart track, a ski club or any other use separately defined or listed herein.
"COMMERCIAL STORAGE FACILITY" means a building or structure used for the temporary
storage of household item in enclosed storage areas or lockers, which are generally accessible
by means of individual loading doors and which are as an accessory use, includes an outdoor
area for the temporary parking of seasonal recreational or commercial vehicles, boats and
trailers.
"COMMERCIAL USE" means a building structure, lot, use or activity pertaining to the buying or
selling of commodities or the supplying of services for remuneration, but does not include
activities primarily associated with an industrial use as defined herein or primarily associated
with any construction work.
"COMMERCIAL VEHICLE" - See "VEHICLE".
"COMMUNICATION FACILITIES" means any use of land that is primarily for the transmission of
electronic signals through the air and includes a transmitting station, tower or dish for radio,
television, telephone or other similar communication facilities and radio and television stations.
"COMMUNITY CENTRE" means any tract of land and the buildings thereon used for community
activities and not used for commercial purposes, and the control of which is vested in the
Municipality, a local board or agent thereof.
"COMPOSTING FACILITY" means a premises owned and operated approved by a government
authority where the primary purpose is for the composting of food waste and organic materials.
"CONFERENCE FACILITIES" means room used to provide for meetings for consultation or
discussion.
"CONSENT" means the approval to the severance or division of land, or the approval to the use
of land for a period of 21 years or more pursuant to the provisions of the Planning Act.
"CONSERVATION AUTHORITY" means the Conservation Authority having jurisdiction or any
successors thereto.
"CONSERVATION USE" means a use dedicated towards the preservation of fish and wildlife
habitat including woodlot management and structures for flood/erosion control. This use does
not include administration and/or operational facilities.
"CONVENIENCE STORE" means a retail store wherein various convenience goods and item of
day-to-day use or necessity including, but not so as to limit the generality of the foregoing, food,
beverages, pharmaceutical drugs, tobacco products and periodicals.
"COUNCIL" means the Municipal Council of The Corporation of the Township of Pelee.
"COUNTY" means the Corporation of the County of Essex.
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"COVERAGE" - See "LOT COVERAGE".
"DAY NURSERY" means a premises licensed in accordance with the Day Nurseries Act, as
amended, in which more than 5 children are provided with temporary care, protection and
supervision but which does not provide overnight accommodation.
"DECK" means a structure with no solid roof or walls which may be constructed on piers or a
foundation and used as an outdoor living area including landings and stairs, but does not
include a balcony or porch/verandah.
"DENSITY" means the ratio of the number of dwelling units located on a lot to one (1) hectare of
lot area.
"DERELICT MOTOR VEHICLE" means an inoperative motor vehicle which is not currently
licensed.
"DESIGNATED" means the land use designation in the Township of Pelee Official Plan.
"DEVELOPMENT" means the construction, erection or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure that has
the effect of substantially increasing the size or usability thereof, or the laying out and
establishment of a commercial parking lot.
"DRIVE-IN THEATRE" means a theatre consisting of a screen or screens and parking area
where the public is able to view projected movies from a private automobile and includes
accessory structure for ticket sales, concession stand, offices, projection room and washroom.
"DRIVE-THROUGH FACILITY" means a building or structure or part thereof accessed by a
designated queuing lane where goods and services are offered to the public within a parked or
stationary vehicle by way of a service window or kiosk.
"DRIVEWAY" means a vehicle access provided between a street or lane and a parking area or
a loading space, or between two parking areas, but does not include a parking aisle.
"DRY CLEANING ESTABLISHMENT" means a building used for the purpose of receiving
articles or clothing to be subjected to the process of dry cleaning, dry dyeing or cleaning on the
premises or elsewhere and for the pressing and/or distribution of any such articles or goods
which have been subjected to any such process.
"DUPLICATING SHOP" means a building or part thereof where drawings, plans, Maps or other
copy, are reproduced by blueprinting, photocopying or small offset process.
"DWELLING" means a building containing one or more dwelling units but does not include a
trailer or mobile home.
(a)
"CONVERTED DWELLING" means a dwelling originally designed and used as a single
dwelling which because of size or design is or can be converted by partition and the
addition of sanitary facilities and/or cooking facilities into more than one dwelling unit.
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(b)
"DUPLEX DWELLING" means the whole of a dwelling that is divided horizontally into
two separate dwelling units each of which has an independent entrance either directly
from the outside or through a common vestibule.
(c)
"MODULAR DWELLING" means a prefabricated single detached dwelling designed to
be transported once only to a final location and constructed so as the shortest side of
such dwelling is not less than six m in width.
(d)
"MULTIPLE DWELLING" means the whole of a dwelling containing three or more
separate dwelling units on one lot. This definition shall not include any dwelling
otherwise defined herein or specifically named elsewhere in this By-law.
(e)
"ROWHOUSE" (Townhouse) means a building divided vertically into three or more
dwelling units attached by common walls extending from the base of the foundation to
the roof line, each dwelling unit having a separate entrance at grade.
(f)
"SEMI-DETACHED DWELLING" means one of a pair of two attached single dwellings
with a common masonry wall dividing the pair of single dwelling houses vertically, each
of which has an independent entrance either directly from the outside or through a
common vestibule.
(g)
"SINGLE DETACHED DWELLING" means a single dwelling which is freestanding,
separate and detached from other main buildings or main structures, including a split
level dwelling.
(h)
"SINGLE DWELLING" means a dwelling containing not more than one dwelling unit as
the sole main use thereof, with or without uses accessory thereto.
"DWELLING UNIT" means a suite of habitable room which:
is located in a building;
is used or intended to be used in common by one or more persons as a single,
independent and separate housekeeping establishment;
contains food preparation and sanitary facilities provided for the exclusive common
use of the occupants thereof; and
has a private entrance directly from outside the building or from a common hallway
or stairway inside the building.
(a)
"ACCESSORY DWELLING UNIT" means a dwelling unit accessory to a permitted non-
residential use.
(aa)
"ADDITIONAL DWELLING UNIT" means a dwelling unit contained or attached to a
primary dwelling unit and /or secondary single detached dwelling unit on the same lot as the
primary dwelling unit, accessory to the primary dwelling unit.
(b)
"BACHELOR DWELLING UNIT" means a dwelling unit consisting of a room containing
sanitary facilities and not more than two other habitable room providing therein living, dining,
sleeping and cooking accommodation.
(c)
"SECOND DWELLING UNIT" - See "ADDITIONAL DWELLING UNIT"
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"DWELLING UNIT AREA" - See "FLOOR AREA".
"ENVIRONMENTAL ADVISORY COMMITTEE" means a committee established by Council, in
consultation with the Ontario Ministry of Natural Resources and the Essex Region Conservation
Authority, for the purpose of reviewing and advising on proposals for development or alteration
which have the potential to affect natural heritage features and/or functions.
"ERECTED" and "ERECTION" have corresponding meanings.
"EXISTING" means existing on the date of the passing of this By-law.
"EXTRACTIVE USE" means the use of land licensed for the removal of gravel, sand, clay,
earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other similar
substance for construction, industrial or manufacturing purposes, and includes an aggregate
storage area, accessory uses, buildings or structures. Permitted accessory uses include the
blending of recovered materials that are brought to the extractive use.
"FARM PRODUCE STAND" means a premises where the products of an agricultural operation
are sold at retail as an accessory use and on the same lot as the principal agricultural use.
"FAMILY" means:
(a)
a person or two or more persons interrelated by bonds of consanguinity, marriage or
legal adoption, and together with not more than two persons unrelated to such persons,
or;
(b)
not more than five persons,
living together as a single, independent and separate housekeeping unit in one dwelling unit,
and for the purpose of this paragraph, the word "family" includes and shall be deemed to include
gratuitous guests and bona fide servants employed as such on the premises containing the said
dwelling unit.
"FARM SALES OUTLET" means a building, structure or use accessory to a farm and used for
the storage, handling and sale of farm produce or agricultural materials to the agricultural
community or fresh farm produce to the general public.
"FINANCIAL OFFICE" means the premises of a bank, trust company, finance company,
mortgage company or investment and financial planning company.
"FINISHED GRADE" when used in reference to a building or structure, means the average
elevation of the finished surface of the ground immediately adjoining the base of the exterior
walls or supports of such building or structure, exclusive of any artificial embankment.
"FLOOR AREA" means the area of the floor surface of a storey or part thereof.
(a)
"DWELLING UNIT AREA" means the aggregate of the floor areas of all habitable room,
hallways and lobbies within a dwelling unit, excluding the thickness of any exterior walls.
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(b)
"GROSS FLOOR AREA" means the aggregate of the floor areas of all storeys of a
building or structure, other than an attic or a cellar, excluding the floor area of any private
garage.
"FORESTRY USE" means the raising and harvesting of timber for the purpose of producing
commercial or non-commercial wood products and may include the cutting of such timber for
transportation purposes but shall not include the manufacturing or processing of wood products.
Notwithstanding the above, the processing of firewood cut and used for domestic purposes on
the same property is not considered a forestry use.
"FOSTER HOME" means a single housekeeping unit in a dwelling unit, in which individuals may
be placed with Foster Parents to gain a family life experience, the said home affiliated with a
social agency recognized under provincial statutes.
"FRONTAGE" - See 'LOT FRONTAGE"
"FRONT YARD" - See "YARD".
"ft." means feet.
"ft.2" means square feet.
"FUNERAL HOME" means a building or part thereof wherein a licensed undertaker prepared
corpses for interment and may include a chapel for funeral services.
"GAS BAR" means one or more gasoline pumps for the sale of gasoline and related products for
motor vehicles, together with the associated pump islands, light standards, kiosk, concrete
aprons, canopy, storage tanks and related facilities required for the dispensing of gasoline.
"GOLF COURSE" means a public or private area operated for the purpose of playing golf.
"GRADE" means the level of the ground adjacent to the outside wall of a building or structure.
"GRADE, AVERAGE FINISHED" means the average elevation of the finished surface of the
ground at base of the outside walls of any building or structure.
"GREENHOUSE, FARM" means a building for the growing of fruit, vegetables, and other plants,
harvested or transplanted on the same farm.
"GREENHOUSE, COMMERCIAL" means a building for the growing of fruit, vegetables, flowers,
plants, shrubs, trees and similar vegetation and includes that part of the lot on which the
building is located from which such vegetation is sold, at wholesale.
"GROUP HOME, CORRECTIONAL" means a detached dwelling occupied by residents who live
as a single housekeeping unit, supervised on a daily basis, for persons who have been placed
on probation, released on parole or admitted for correctional purposes, and which is licensed,
approved, supervised or funded by the Province of Ontario.
"GROUP HOME TYPE 1" means a detached dwelling occupied by residents who live as a
single housekeeping unit requiring specialized or group care, supervised on a daily basis, and
which is licensed, approved or supervised, or funded by the Province of Ontario as:
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-
Home for Special Care, Homes for Special Care Act;
-
Approved Home, Mental Hospitals Act;
-
Children's Residence, Child and Family Services Act;
-
Approved Home, Homes for Retarded Persons Act;
-
A Facility, Developmental Services Act;
-
Charitable Home for the Aged, Charitable Institutions Act; or,
-
Home for the Aged, Homes for the Aged and Rest Homes Act.
"GROUP HOME TYPE 2" means a detached dwelling occupied by residents who live as a
single housekeeping unit requiring specialized or group care, supervised on a daily basis, and
which is licensed, approved or supervised, or funded by the Province of Ontario under any
general or specialized Act and which shall be maintained and operated primarily for:
-
Person who require temporary care and transient or homeless persons; or
-
Persons requiring treatment and rehabilitation for addition to drugs or alcohol.
"ha" means hectare.
"HABITABLE ROOM" means a room which:
(a)
is located within a dwelling unit;
(b)
is designed for living, sleeping or eating or for sanitary purposes;
(c)
can be used at all times throughout the year; and
(d)
is not located within a cellar;
But does not include any room specifically defined herein as a non-habitable room.
"NON-HABITABLE ROOM" means any room located within a dwelling unit but that is not a
habitable room, including, but not so as to limit the generality of the foregoing, a laundry room, a
pantry, a lobby, a corridor, a stairway, a closet, a sun-room, a verandah, a basement recreation
room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any
space used for the service and maintenance of such dwelling or for vertical travel between
storeys.
"HAZARD LANDS" shall mean lands which exhibit a hazardous condition as a result of their
instability; susceptibility to flooding, erosion, subsidence; or the presence of organic soils; or
steep slopes and includes lands lying below the regulatory flood-line as established from time to
time by the Conservation Authority having jurisdiction and may include lands lying below the fill
line as established from time to time by the Conservation Authority have jurisdiction.
"HEIGHT" or "BUILDING HEIGHT", when used in reference to a building or structure, means the
vertical dimension between the finished grade of such building or structure and:
(a)
in the case of a flat roof, the highest point of the room surface or parapet wall;
(b)
in the case of a mansard roof, the deck line;
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(c)
in the case of a gabled, hip, gambrel or one-slope roof, the average level between the
top of the eaves and the ridge, except that a one-slope roof having a slope of less than
20 degrees from the horizontal shall be considered a flat roof for the purposes of this By-
law.
(d)
in the case of a structure not having a roof, the top part of the roof of such structure; or
(e)
where a combustible exterior wall extends above the top of the roof of a building, the
topmost part of such exterior wall.
"HEREAFTER" means "after the date of the passing of this By-law".
"HEREIN" means "anywhere in this By-law".
"HEREOF" and "HERETO" mean "of this By-law" and "to this By-law", respectively.
"HERITAGE BUILDING" means a building designated under Part IV of The Ontario Heritage
Act.
"HOME FOR THE AGED" means a home for the aged within the meaning of The Homes for the
Aged and Rest Homes Act.
"HOME OCCUPATION" means an occupation or business conducted for gain or profit within a
dwelling unit by a resident of that dwelling unit.
"HOSPITAL" means a hospital as defined by The Private Hospitals Act, as amended from time
to time, and a sanatorium as defined by The Private Sanatoria Act, as amended from time to
time, or a hospital as defined by The Public Hospitals Act, as amended from time to time.
"HOTEL" means a building or group of buildings used for the purpose of catering to the needs of
the travelling public by supplying food and furnishing sleeping accommodation, and includes a
motel or motel hotel.
"HOUSEHOLD SALES/GARAGE SALES" means the sale by an occupant of a dwelling unit on
his own premises, of household goods belonging to him.
"HOUSING CAPACITY" means the maximum livestock capacity for all facilities on a lot at any
time, even if currently empty but able to house livestock.
"IMPOUNDING YARD" means a place to which disabled motor vehicles, and motor vehicles or
other mobile equipment impounded for a breach of the law, may be taken or towed and stored
temporarily until reclaimed, but does not include an automobile service station, gas bar, public
garage, salvage yard or wrecker's yard.
"INDUSTRY, DRY" means a manufacturing establishment wherein the manufacturing process
does not include or require the direct consumption of water and where the only waste water
discharges are from auxiliary facilities such as washroom, the indirect cooling of machinery
and/or pressure testing equipment.
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"INDUSTRIAL USE, LIGHT" means the use of land, buildings or structures designed, used or
intended for the manufacturing, assembling, or processing of component parts to produce
finished products suitable for retail, wholesale or service trade and includes repairing; servicing;
distributing; warehousing; storing or adapting for sale any good, substance, article or thing but
does not include operations which create a nuisance as a result of an emission that can be
smelled, heard or otherwise detected outside of the building or structure in which the use is
conducted.
"INSTITUTIONAL USE" means the use of land, buildings or structures for religious, charitable,
educational, health or welfare purposes, and includes churches, place of worship, public or
private schools and nursery schools.
"INTERPRETIVE CENTRE" means the use of land for the conservation and study of the natural
environment, and may include a limited number of accessory buildings and structures.
"KENNEL" means an agricultural use wherein three or more dogs or other domesticated
animals are bred, housed, groomed, trained or sold, but does not include a boarding kennel.
"KENNEL, BOARDING" means a lot, building or structure, on or within which three or more
dogs or other domesticated animals are boarded, groomed or trained for a fee, and which may
include the provision of minor medical treatment for such animals. A boarding kennel may also
include a kennel as defined herein.
"LABORATORY" means a building, or part thereof, used for scientific testing, experimentation
and/or research, but does not include a medical facility or a dental facility.
"LANDSCAPED OPEN SPACE" means the open space area of a lot which is used for the
growth and maintenance of grass, flowers, shrubbery and other landscaping and includes any
surfaced walk, patio, swimming pool, or similar area but does not include any access driveway
or ramp, parking lot or any open space beneath or within any building or structure.
"LANE" means a walkway, emergency access or any other passageway or right-of-way, open
from ground to sky, not constituting a street but laid down upon a registered plan and dedicated
to public use, or legally dedicated as a right-of-way for use in common by adjacent land owners.
"LAUNDROMAT" means a building or part thereof wherein machines and facilities for wet
laundering, drying or finishing are available for public use at a charge.
"LIBRARY" means a building or structure, designed, used or intended to be used as a library,
branch library or distributing station operated under the Public Libraries Act.
"LIVESTOCK" means animals kept for use, for propagation, or for intended profit or gain and,
without limiting the generality of the foregoing, may include cattle, horses, swine, sheep, laying
hens, chicken and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit, but excludes
household pets raised or housed for recreational or hobby purposes.
"LIVESTOCK FACILTY" means one or more barns or permanent structures with livestock
occupied portions, intended for keeping or housing of livestock. A livestock facility also includes
all manure or material storages and anaerobic digesters.
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"LOADING SPACE" means a space or bay located on a lot which is used or intended to be used
for the temporary parking of any commercial, industrial or institutional vehicle while loading or
unloading persons, animals, goods, merchandise or materials used in connection with the main
use of the lot or any building thereon, and which has unobstructed access to a street or
driveway.
"LODGE" means an establishment containing four or more guest room available for rent, served
by a common or separate entrance directly from outside the building, and providing sleeping
accommodation for the traveling public or sleeping accommodation for the use of the public
engaging in recreational activities. Accessory uses may include accommodation for permanent
staff, dining facilities and recreational facilities for use by the guests.
"LOT" means a parcel or tract of land in one ownership which is capable of being legally
conveyed in accordance with the Planning Act or is described in accordance with a Registered
Plan of Condominium.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT, CORNER" means a lot bounded by two intersecting streets, the angle of intersection of
which is not more than 135 degrees. In the case of a curved street, such angles shall be
formed by their tangents drawn from the points where the interior lot lines meet the street line.
"LOT COVERAGE" means the horizontal area at grade of all buildings and roofed structures on
a lot. For the purposes of this definition, decks, patios and swimming pools are not to be
included within the lot coverage calculation.
"LOT DEPTH" means the horizontal distance between the front and rear lot lines but where the
front and rear lot lines are not parallel the lot depth is the length of a line joining the mid points
of such lines. Where there is no rear lot line, lot depth means the horizontal distance between
the midpoint of the front lot line with the apex of the triangle formed by the side lot lines.
"LOT FRONTAGE" means the horizontal distance between the side lot lines measured at right
angles, but where such lot lines are not parallel, the lot frontage shall be measured
perpendicularly to the line joining the midpoints of the front and rear lot lines at a point 7.6 m
back from the front lot line and where such lot lines meet, the lot frontage shall be measured
perpendicularly to the line joining the apex of the triangle formed by the side lot lines at a point
7.6 m back from the front lot line, and where such lot lines are curved, the lot frontage shall be
measured along the line between the interior side lot line and the intersection of the tangents to
the street lines, drawn through the extremities of the front lot line and exterior side lot line.
"LOT, INTERIOR" means a lot other than a corner lot.
"LOT LINE" means any boundary of a lot.
"LOT LINE, FRONT" means the lot line that abuts the street, but,
(a)
in the case of an interior lot, the lot line dividing the lot from the street;
(b)
in the case of a corner lot, the shorter lot line abutting the street unless each abutting lot
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line is of equal length in which case the front lot line shall be the lot line where the
principal access to the main building is provided; and
(c)
in the case of a through lot , the front lot line shall be the lot line where the principal
access to the main building is provided.
"LOT LINE, EXTERIOR" means the side lot line which abuts the street on a corner lot.
"LOT LINE, INTERIOR" means the side lot line which does not abut a street.
"LOT LINE, REAR" means the lot line farthest from and opposite to the front lot line, provided
that, in the case of a triangular lot, the rear lot line shall be deemed to be the apex of the side lot
lines.
"LOT, SIDE" means a lot line which is neither a front lot line or a rear lot line.
"LOT LINE, THROUGH" means a lot bounded on opposite sides by streets.
"m" means metre.
"m2" means square metres.
"MAIN", when used to describe a use, a building or a structure, means a use or structure which
constitutes, or a building in which is conducted, a principal use of the lot on which such use,
building or structure is located.
"MANUFACTURING ESTABLISHMENT" means the use of land, buildings or structures for:
(a)
the manufacturing, assembling, making, producing, preparing, inspecting, grading,
ornamenting, finishing, treating, cleaning, washing, altering, repairing, restoring,
processing, polishing, refinishing, packing, adapting for sale, warehousing, storing,
breaking up or demolishing of goods, substances, articles or things or any part or parts
thereof; or
(b)
the production or storage of building or construction equipment or materials;
But does not include activities primarily associated with either a commercial use or an
automotive use as defined herein or with the supplying of personal services.
"MANURE OR MATERIAL STORAGE" means permanent storages, which may or may not be
associated with a livestock facility containing liquid manure (<18% dry matter), solid manure
(>18% dry matter), or digestate (<18% dry matter).
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"MARINA" means an area or establishment, with or without buildings, providing facilities or
services for boats or persons traveling by boat, and operated on a commercial basis or by a
company or group of persons such as a club organized for pleasure or recreational purposes,
and may include slips, docks, moorings, waste disposal arrangements, fuelling facilities, boat
ramps, boat storage, the sale, rental or repair of boats, boat motors or boat accessories and the
provision of refreshments.
"MARINE FACILITY" means an establishment located on the shore of a body of water, which is
used to moor, berth or store all types of marine pleasure craft and may include electricity, water
and sewer services for these craft. This definition may also include those commercial functions
relating to the boating public which are accessory and subordinate to the use of the site as a
boating facility but does not include the service, repair or fueling of such craft.
"MERCHANDISE SERVICE SHOP" means a building or part thereof wherein articles or goods,
other than vehicles or industrial tools, are repaired or serviced, or where replacement parts for
such articles or goods are offered for sale.
"MOBILE HOME" means any dwelling that is designed to be made mobile and is constructed or
manufactured to provide a permanent or seasonal residence; but does not include a travel
trailer or tent trailer otherwise designed. A mobile home shall be distinguished from other forms
of prefabricated transportable housing by a design which permits and features ready
transportation from place to place, and not a design which intends to be moved only once to a
final location.
"MOBILE HOME LOT" means a parcel of land within a mobile home park intended for
occupancy by one mobile home unit and complies with all yard and open space requirements of
this By-law.
"MOBILE HOME PARK" means a parcel of land containing two or more mobile home lots and
which is under single management and ownership and which is designed and intended for
residential or seasonal use where such residential occupancy is in mobile homes exclusively.
"MODEL HOME" means a building which is used on a temporary basis as a sales office and/or
as an example the type of dwelling that is for sale in a related development and which is not
occupied or used for human habitation.
"MOTOR VEHICLE" means a wheeled self-propelled vehicle for the transportation of
passengers and goods and without limiting the generality of the foregoing, includes
automobiles, trucks, busses, ambulances, hearses, motor homes and tractors.
"MUNICIPAL" when used in reference to a lot, a building or a structure, means a lot, a building
or a structure owned, occupied and used by the Corporation or any department, board,
commission or agency thereof.
"MUNICIPAL DRAIN OR DYKE" means a drainage works as defined by the Drainage Act, as
amended from time to time.
"MUNICIPAL SERVICE" means a municipally operated piped water facility or sanitary sewer
designed, capable and available to service a lot.
"MUNICIPALITY" means the Corporation of the Township of Pelee.
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"NON-CONFORMING" means an existing use or activity of any land, building or structure that is
not an identified permitted use for the zone in which it is located as of the date of passing of this
By-law.
"NON-COMPLYING" means a lot, building or structure that does not meet the regulations of the
zone in which it is located as of the date of passing of this By-law.
"NON-RESIDENTIAL USE" has the meaning ascribed to in the definition of 'RESIDENTIAL
USE".
"NURSERY" means the use of land, buildings or structures or part thereof where trees, shrubs
or plants are grown or stored for the purpose of transplanting, for use as stocks for building or
grafting or for the purpose of retail or wholesale, together with the sale of soil, planting
materials, fertilizers and similar materials.
"NURSING HOME" means a dwelling or other building in which room or lodging are provided for
hire or pay in conjunction with the provision of meals, personal care, nursing services and
medical care and treatment, but does not include a hospital.
"OFFICE" means any building or part of a building or any room or suite of room, designed,
intended or used for the conduct of a profession, occupation or business, but shall not include
the office of a veterinarian, the retailing of merchandise, the manufacturing, repairing or storage
of goods or any place of assembly or amusement.
"OFFICIAL PLAN" means the Official Plan of the Township of Pelee.
"OPEN STORAGE" means the storage of raw materials, equipment, or other materials, but not
the parking or storage of vehicles, in an area of a lot which is not enclosed within a building or
structure.
"OPEN STORAGE AREA" means an area of a lot used for open storage purposes but does not
include a parking lot.
"PARK" means an area of land, consisting primarily of landscaped open space, used primarily
for active or passive recreational purposes or as a conservation area, with or without related
recreational buildings, structures or facilities including, but not necessarily restricted to, a
recreational playground, a play area, a bandstand, a skating rink, a horticultural greenhouse, a
bowling green, a tennis or badminton court, a playfield, a running track, a swimming area, a
wading pool, a boating pond or lake, a watercourse, or a picnic area, but not including any other
use separately defined or listed herein.
(a)
"PUBLIC PARK" means a park owned or controlled by a public agency.
(b)
"PRIVATE PARK" means a park other than a public park, regardless of whether or not
such park is maintained or operated for gain or profit, but does not include an
amusement park or an outdoor commercial recreation establishment.
"PARK MODEL TRAILER" means a type of recreational vehicle that is built on a single chassis
mounted on wheels designed to facilitate occasional relocation, but which is not intended to be
towed on a regular basis and is so designated in the Ontario Building Code.
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"PARKING AISLE" means a portion of a parking area which abuts, on one or more sides,
parking spaces to which it provides access, and which is not used for the parking of vehicles.
"PARKING AREA" means an area or areas of land or a building or structure or part thereof
which is provided and maintained for the purpose of temporary parking or storing of motor
vehicles.
"PARKING LOT" means a lot which contains, and the main use of which is, a parking area,
whether or not such parking area is located within a structure.
"PARKING SPACE" means a portion of a parking area, exclusive of any aisles, to be used for
the parking or temporary storage of a motor vehicle.
"PASSIVE RECREATIONAL USE" means enjoyment of the natural environment through low-
intensity activities that are passive in nature and cause minimal impact on the natural features
and functions of an area. Passive recreational uses include access trails, nature study, bird
watching, outdoor education and associated facilities, but do not include recreational buildings,
sports fields or golf courses.
"PERMITTED" means "permitted by this By-law".
"PERSON" means an individual, association, firm, partnership, corporation, trust, organization,
trustee or agent, and the heirs, executors or legal representatives of the person to whom the
context can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a building, or part thereof, in which persons
are employed in furnishing services and otherwise administering to the individual and personal
needs of persons, including but not necessarily restricted to, the premises of a barber,
hairdresser, beautician, masseur, tailor, dressmaker and shoemaker, as well as a dry cleaning
establishment, a sun tanning shop and a formal rental shop. The sale of merchandise shall be
permitted only as an accessory use to the personal service provided.
"PHARMACY" means a retail store that dispenses prescription drugs and which sells, among
other things, non-prescription medicines, health and beauty products and associated sundry
item.
"PIT" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of an open excavation to supply material for
construction, industrial or manufacturing purposes, but does not include a wayside pit.
"PLACE OF ASSEMBLY" means a premises used for the gathering of groups of people and
may include facilities for the preparation and consumption of food or drink including a banquet
facility, but shall not include a place of worship or place of entertainment.
"PLACE OF ENTERTAINMENT" means a premises where entertainment is offered for profit or
gain and may include a motion picture theatre, public hall, billiard or pool room, bowling alley,
dance hall or similar activity for the enjoyment of the general public, but shall not include any
adult entertainment use.
"PLACE OF WORSHIP" means a premises used by religious group(s) for the practice of
religious services.
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"PLANTING STRIP" means an area of landscaped open space located immediately adjacent to
a lot line or portion thereof and on which is situated one or more of the following screening
devices:
(a)
a continuous row of trees;
(b)
a continuous hedge-row of evergreens or shrubs;
(c)
a berm;
(d)
a wall; or
(e)
an opaque fence;
Arranged in such a way as to form a dense or opaque screen.
"PLAN OF SUBDIVISON" means the subdividing property into two or more new parcels, units,
or lots and set out the boundaries of these new lots for the first time. A registered plan of
subdivision shows: the surveyed boundaries, numbering and dimensions of lots, the location,
width and names of streets, and the sites of future schools and parks. These plans do not show
specific building locations. A plan of subdivision must be surveyed by a licensed Ontario Land
Surveyor.
"POINT OF INTERSECTION" means the point at which street lines abutting a corner lot
intersect, or, if the street lines do not intersect at a point, then the point of intersection shall be
deemed to be the intersection of the projection of the street lines or the intersection of the
tangents of the street lines.
"PORCH/VERANDAH" means a structure abutting a main wall of a building having a roof but
with walls that are generally open and unenclosed.
"PREMISES" means the area of a building or lot occupied or used by more than one (1)
business, each business area shall be considered a separate premises. Each individual unit
proposed and/or registered in a draft Plan of Condominium shall also be considered individual
premises.
"PRINTING ESTABLISHMENT" means a building, or part thereof, used for the primary purpose
of printing, lithographing or publishing. It may include some of the same uses permitted in a
duplicating shop, but must include at least one of the above-listed primary functions.
"PRIVATE HOME DAY CARE" means the temporary care and custody for reward or
compensation of not more than five children under ten years of age in a private dwelling other
than the home of a parent or guardian of any such child for a continuous period of not
exceeding 24 hours.
"PRIVATE OUTDOOR RECREATION CLUB" means a premises used as a meeting place by an
association of persons who are bona fide members paying dues, which owns, hires or leases
the premises or part thereof, the use of such premises being restricted to members and their
guests for outdoor social, recreational or athletic purposes.
"PROVINCE" means the Province of Ontario.
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"PUBLIC OUTDOOR PATIO" shall mean a platform made of wood, concrete or other similar
material, that has a height 0.6 metres or less above average grade, made of wood, concrete or
other similar material, projecting from a building or freestanding, open to the sky, and intended
for the purpose of outdoor dining, lounging, and other similar accessory uses.
"PUBLIC USE" when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public. Public agencies
include:
(a)
the Government of Canada, the Government of Ontario, or a municipal corporation
defined by this By-law;
(b)
any ministry, department, commission, authority, board or agency established by the
Government of Canada, or the Government of Ontario; or
(c)
any person providing a public utility.
"PUBLIC UTILITY" means water, artificial or natural gas, electrical power or energy, steam or
hot water, and telecommunication networks, and includes the works, structures, buildings and
appurtenances necessarily incidental to the supplying of such services by a board, commission,
corporation or person.
"QUARRY" means a place where consolidated rock has been or is being removed by means of
an open excavation to supply material for construction, industrial or manufacturing purposes,
but does not include a wayside quarry or open pit metal mine.
"REAR LOT LINE" - See "LOT LINE".
"RECREATIONAL BUILDING (Indoor Sports)" means a building designed and intended to
accommodate various form of indoor sports and recreation and shall include an arena, tennis,
squash, handball and badminton courts and roller rinks. Playing areas in tennis, squash,
handball and badminton courts are to be excluded for the purpose of calculating parking
requirements.
"RECREATIONAL VEHICLE" means a vehicle which provides sleeping and other facilities for
short periods of time, while travelling or vacationing, designed to be towed behind a motor
vehicle, or to be self-propelled, and includes such vehicles commonly known as travel trailers,
camper trailers, pick-up coaches, motorized campers, motor homes or other similar vehicles.
(a)
"RECREATIONAL VEHICLE PARK" means a campground, trailer camp or trailer park,
which is a parcel of land under single ownership which has been planned and improved
and providing for the use of the public for overnight or short-term accommodation sites
for tents, trailers, cabin (travel), trailers, pick-up campers and other recreational vehicles
that provide sleeping accommodation, but does not include a mobile home park or the
keeping of mobile homes or other transportable accommodations on a year-round basis.
(b)
"RECREATIONAL VEHICLE SITE" means a parcel of land within a recreational vehicle
park lay out and intended to be used by one recreational vehicle or tent.
(c)
"RECREATIONAL VEHICLE STAND" means an area within a recreational vehicle site
upon which the recreational vehicle is intended to be placed.
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"RECYCLING FACILITY" means a premises in which used or recyclable materials are
temporarily stored, separated and/or processed into recoverable resources for reuse, but shall
not include a composting facility or motor vehicle wrecking yard.
"REFRESHMENT ROOM" means a building or part thereof in which alcoholic or non-alcoholic
beverages, with or without related snacks or refreshments other than full means, are offered or
kept for retail sale to the public for immediate consumption therein and does not include a
refreshment vehicle.
"REFRESHMENT VEHICLE" means a vehicle from which refreshments or confections, such as
French fries, hot dogs, hamburgers, ice cream and soft drinks are sold.
"RENEWABLE ENERGY SYSTEM" means the production of electrical power from an energy
source that is renewed by natural processes including, but not limited to, wind, water, a biomass
resource or product, or solar and geothermal energy.
"REQUIRED" means "required by this By-law".
"RESEARCH & TECHNOLOGY USE" means an activity of research into the development of
new products, technologies and processes that is carried out in an office or industrial building.
"RESIDENTIAL USE" means the use of land, buildings or structures primarily for the purposes
associated with a dwelling.
"RESTAURANT" means a building or part thereof where food is prepared and offered for retail
sale to the public for immediate consumption either on or off the premises, and includes such
uses as a café, cafeteria, ice cream parlour, lunchroom, dairy room, coffee shop, snack bar, or
refreshment room or stand.
"RETAIL STORE" means a building or structure, or part thereof, in which goods, wares,
merchandise, substances, foodstuffs, farm produce, articles or things are stored, offered or kept
for retail sale to the public, and includes the business premises of an auctioneer, where such
premises are used for the sale of merchandise by auction, but does not include vehicle sales.
"RETAIL LUMBER AND BUILDING SUPPLY YARD" means a lot, building, structure or part
thereof, the primary use of which is the storage and retail sale of timber which has been sawn or
split for use, with or without related building materials and supplies.
"RIDING STABLE" means an establishment which offers horses for hire or instruction in
horsemanship.
"RIGHT-OF-WAY" OR "EASEMENT" means any right liberty or privilege in, over, along or under
land, which the owner of one lot may have with respect to any other lot or which the
Municipality, any other governmental authority or agency, private company or individual may
have with respect to any land in the Township of Pelee.
"ROAD" - See "STREET".
"ROOMERS OR BOARDERS" means persons who rent living accommodation, without separate
cooking facilities, for a term of not less than one week, within the dwelling unit of a family.
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"ROOMING OR BOARDING HOUSE" - See "BOARDING HOUSE".
"SALVAGE YARD" means a lot, building or structure used for wrecking, dismantling, storing or
selling used goods, ware or materials including, but not so as to limit the generality of the
foregoing, rags, bones, bottles, metals, clothing, furniture, paper, machinery, building materials
and vehicles and parts thereof.
"SANITARY SEWER" means an adequate system of underground conduits operated either by a
municipal 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.
"SCHOOL" means a school under the jurisdiction of a board as defined in The Education Act, a
college, a university, or any other educational establishment including, but not necessarily
restricted to, a nursery school or a boarding school having accessory dormitory facilities.
(a)
"PUBLIC SCHOOL" means a school under the jurisdiction of a public agency.
(b)
"PRIVATE SCHOOL" means a school, other than a public school or a commercial
school, under the jurisdiction of a private non-profit board of trustees or governors, a
religious organization or a charitable institution.
(c)
"COMMERCIAL SCHOOL" means a school operated by one or more persons for gain or
profit.
"SECONDARY USE", means a use located on the same lot as a main use but the secondary
use is subordinate to the main use in terms of the number of employees, space devoted to the
secondary use and income generated by the secondary use.
"SERVICE SHOP" means any building or part thereof where appliances and machines are sold,
serviced or repaired and includes building trade establishments, but excludes any
manufacturing, processing or wholesaling.
"SERVICE TRADE' means an establishment, other than an automotive use, that provides a
non-personal service or craft to the public, including, but not necessarily restricted to, a printer's
shop, a plumber's shop, a tinsmith's shop, a painter's shop, a carpenter's shop, electrician's
shop, a welding shop, a blacksmith's shop, a merchandise service shop, a well driller's
establishment, a furrier's shop, an upholsterer's shop, a catering establishment, an egg grading
station, a machine shop, or a monument engraving shop, but excludes any manufacturing,
processing or wholesaling.
"SETBACK" means the shortest horizontal distance between what is to be set back from, and
the nearest part of, any building, structure, excavation or open storage on such lot.
"SEWAGE TREATMENT FACILITY" means any facility used for the collection, transmission,
treatment and disposal of sewage, but does not include individual on-site sewage treatment.
"'SHIPPING CONTAINER" means a prefabricated metal container having a floor, ceiling or roof,
walls, and door(s) that is designed for and used in the storage, packing or transport of freight,
articles, goods or commodities by ship, rail or truck. For the purpose of this definition, a shipping
container does not have wheels and does not include a motor vehicle or transport trailer. This
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definition shall include storage containers, sea cans, and intermodal freight containers." (B/L
2023-066 OCTOBER 10, 2023)
"'SHIPPING CONTAINER, PERMANENT' means a shipping container which is placed on a lot,
is not a temporary storage unit, and is not being actively used for the transport of goods and/or
materials. A permanent shipping container shall be treated as an accessory building." (B/L
2023-066 OCTOBER 10, 2023)
"SHORELINE" means the Lake Erie shoreline.
"SIDE LOT LINE" - See "LOT LINE, SIDE".
"SIDE YARD" - See "YARD".
"SIGHT TRIANGLE" means a triangular space, free of buildings, structures and obstruction
other than those expressly permitted by this By-law, formed by the street lines abutting a corner
lot and a third line drawn from a point on the street line to another point on the street line, each
such point being the required sight distance from the point of intersection of the street lines.
"SITE PLAN CONTROL BY-LAW" means any By-law of the Corporation passed pursuant to the
Planning Act, 1990, as amended from time to time, or any successors thereto.
(a)
"SITE PLAN CONTROL AREA" means an area of land designated by a Site Plan
Control By-law as a site plan control area pursuant to the Planning Act, 1990, as
amended from time to time, or any successors thereto.
(b)
"SITE PLAN AGREEMENT" or "DEVELOPMENT AGREEMENT" means any agreement
entered into by an owner of land and the Corporation pursuant to a Site Plan Control By-
law.
"STOREY" means a horizontal division of a building from a floor to the ceiling directly above
such floor, and includes an attic, a basement or a cellar as defined herein, but does not include
any mezzanine, gallery, balcony or other overhang.
(a)
"ATTIC" means the topmost usable storey of a building, situated wholly or partly within a
roof, where at least 50.0 percent, but not more than 66.0 percent of such storey is
greater than 1.8 m (6.0 ft. in height.
(b)
"BASEMENT" means any storey below the first storey.
(c)
"CELLAR" means that portion of basement which is more than 60.0 percent below
finished grade, measured form finished floor to finished ceiling.
(d)
"FIRST STOREY" or "GROUND FLOOR" means the storey having its floor level closest
to finished grade and its ceiling at least 2.0 m (6.6 ft.) above finished grade.
(e)
"SECOND STOREY" means the storey directly above the first storey.
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"STREET or ROAD" means a common and public street, road, lane or highway vested in the
Corporation, the County, the Province of Ontario, or any other public road authority having
jurisdiction over the same and shall include any bridge or structure forming part of a street or
over or across which a street passes, and shall include not only the travelled portion of the
street, but also ditches, driveways, sidewalks, and grassed areas forming part of the road
allowance which is vested in the road authority for street purposes.
"STREET LINE" means a lot line dividing a lot from a street and is the limit of the street
allowance.
"STREET WIDTH" means the horizontal distance between the street lines of a street, measured
along a line perpendicular to the said street lines.
"STRUCTURE" means anything that is erected, built or constructed of parts joined together and
which is fixed to or supported by the soil, any other structure or both, including a satellite dish
but excluding a patio, a sign, fence or private outdoor swimming pool. Lawn item such as a
flagpole, bird house, bird bath, play equipment, and other similar item shall not be considered as
structures and are not regulated by the By-law.
"STUDIO" means a building or part thereof used as the workplace of a photographer, craftsman
or artist or for the instruction of art, music, dancing, languages or similar disciplines.
"TAVERN" means an establishment where alcoholic beverages are sold to be consumed on the
premises and shall include all such buildings operating under the Liquor Licence Act, as
amended from time to time.
"'TEMPORARY STORAGE UNIT' means a transportable unit, container or structure designed
for temporary storage of personal property, household goods, or other materials for use on a
temporary basis, and may include a shipping container, but not a permanent shipping container.
Such a unit shall not be considered an accessory building or structure." (B/L 2023-066,
OCTOBER 10, 2023)
"TERMINAL CENTRE" means an area of land, a building or a structure or part thereof used by
rail and transit terminals; airport terminals; broadcasting and communication terminals; power
transmission and control centres; pipeline, pumping and control stations; transport terminals;
toxic dispatch centres; and other similar uses.
"TOP OF BANK" means when used in reference to a drain, dyke or lake, a line formed where
the oblique plane of the slope meets the horizontal plane.
"TOURIST HOME" means a private dwelling in which there are up to five room for rent to the
travelling or vacationing public, whether rented regularly, seasonally or occasionally, and may
include the provision of meals.
"TOWNSHIP" means the Township of Pelee.
"TOWNSHIP ROAD" means a street that is vested in and under the jurisdiction of the
Municipality.
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"TRAILER" means any vehicle so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of being
used for temporary living, sleeping or eating accommodation of persons, notwithstanding that
such vehicle is jacked up or that its running gear has been removed, and shall include a
Recreational Vehicle as herein defined.
"TRAILER, TRAVEL" means a structure designed, intended and used exclusively for travel,
recreation and vacation and which is capable of being drawn or propelled by a motor vehicle or
is self propelled and includes tent trailers or similar transportable accommodation, but not a
mobile home.
"U-BREW ESTABLISHMENT" means a premises where the public can prepare their own been
and/or wine in a controlled setting.
"VEHICLE" includes an automobile, a truck or other motor vehicle, motorized construction
equipment, a road-building machine, a farm tractor, farm equipment, a motor home, a
motorcycle, snowmobile or any other motorized snow vehicle, a boat, recreational vehicles, and
also includes a trailer and any vehicle drawn or propelled by any kind of power, but does not
include a bicycle, a wheelchair or any other devise powered solely by human effort.
(a)
"COMMERCIAL VEHICLE" means a vehicle licensed by the Province of Ontario:
(i)
as a public vehicle pursuant to the provisions of the Public Vehicles Act, as
amended from time to time, or any successors thereto; or
(ii)
as a public commercial vehicle, pursuant to the provisions of the Public
Commercial Vehicles Act, as amended from time to time, or any successors
thereto.
"VEHICLE REPAIR SHOP" means an establishment for the repair, replacement or customizing
of parts or system in a motor vehicle and, without limiting the generality of the foregoing,
includes the repair or replacement of mufflers, exhaust system, shock absorbers, transmission,
gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling system,
ignition system, electrical system, tires, wheels, windshields, windows and other mechanical or
electrical parts or system, the installation of cellular system, undercoating, engine tuning,
lubrication and engine conversion or replacement, but does not include an auto body repair
shop, an impounding yard, an automobile service station or a gas bar.
"VEHICLE SALES AND RENTAL ESTABLISHMENT" means land, buildings or structures where
motor vehicles are stored or displayed for the purpose of sale, lease or hire from the lot and
shall include the storage and sale of automotive accessories together with the repair and
service of the motor vehicles.
"VIDEO RETAIL STORE" means an establishment where pre-recorded video tape, video discs,
game cartridges, DVD's or other similar pre-recorded materials are offered for rent or sale and
where video cameras or video players/recorders may be offered for rent, but shall not include
the sale of electronic video equipment and other electronic home entertainment products or an
Adult Video Store.
"WASTE TRANSFER means a waste transfer station, re-cycling centre and re-use centre as
defined and permitted by an approval issued by the Province of Ontario."
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"WATER SUPPLY SYSTEM" means public or private on-site.
"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.
"WHOLESALE ESTABLISHMENT" means a building or part of a building used for the selling of
goods in large bulk or quantity for delivery from the premises to a person other than to the
ultimate consumer.
"WIND ENERGY SYSTEM" means a renewable electrical generation facility that produces
power from wind primarily to provide all or a portion of the electrical power needs for a user or to
feed into the transmission or local distribution grid. A wind energy system includes all
supporting infrastructure, outbuildings and access roads.
"WIND GENERATION SYSTEM - CLASS 1" means a wind turbine generating less than or
equal to 3 KW and does not require a Provincial approval for renewable energy projects.
"WIND GENERATION SYSTEM - CLASS 2" means a wind turbine generating more the 3 KW
but less than 50 KW and requires a Provincial approval for renewable energy projects, but is not
subject to provincial mandatory setbacks from lot lines.
"WIND TURBINE" means a tubular or latticed, guyed or freestanding tower having located
thereon a generator, which converts wind energy into electricity. A wind turbine, tower,
foundation and any appurtenances are manufactured and erected with consideration for site soil
conditions and in accordance with CSA standards, engineered designed and/or applicable
industry standards. This definition shall include Structures Accessory thereto.
"WIND TURBINE, ACCESSORY" means a Class 1 or Class 2 Wind Generation System that
produces electricity primarily for use on the Lot on which it is located or to produce credits for
use on another Lot under the same ownership as the Wind turbine operator. It may be
connected to the utility grid and/or practice net metering, and it may produce electricity for sale
to the utility grid.
"WINERY" means a use on an agricultural operation on which buildings and structures are used
for the making of wine produced from locally grown fruits and includes tank and barrel storage,
bottling facilities and the retail selling of wine produced on site and wine tasting. The retail area
for selling of wine produced on site shall be limited to 100 m2 (1076 sq. ft.).
"YARD" means an open, uncovered space on a lot appurtenant to a building and unoccupied by
buildings or structures, except as may be expressly permitted in this By-law, and in determining
a yard measurement, the minimum horizontal distance from the respective lot line to the building
or structure is to be used.
"YARD, EXTERIOR SIDE" means a side yard immediately adjacent to a street, other than the
front lot line.
"YARD, FRONT" means a yard extending across the full width of a lot between the front lot line
and the nearest main wall of any main building or structure on the lot.
"YARD, INTERIOR SIDE" means any side yard other than an exterior side yard.
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"YARD, REAR" means a yard extending across the full width of a lot between the rear lot line
and nearest main wall of any main building or structure on the lot.
"YARD, REQUIRED" means the minimum permitted front rear or side yard as determined by the
applicable provisions of this By-law.
"YARD, SIDE" means a yard between the side wall of the main building or structure on the lot
and the side lot line and extending from the front yard (or front lot line, if no front yard is
required) to the rear yard (or rear lot line, if no rear yard is required).
"ZONE" means a designated area of land use shown on Schedule "A" hereto.
"ZONED AREA" means all those lands lying within the corporate limits of the Township of
Pelee.
"ZONING ADMINISTRATOR" means the officer or employee of the Corporation charged by
Council with the duty of enforcing the provisions of this By-law.
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SECTION 3.0
GENERAL PROVISIONS
The provisions of this section shall apply to all zones except as otherwise stated in this By-law.
3.1
ACCESSORY USES
Accessory uses, buildings, or structures shall be permitted in any yard, in any zone,
subject to the provisions of this By-law for the particular zone in which said building or
structure or use is located and provided that they:
a.
shall not be used for human habitation, except where a dwelling unit is listed as a
permitted accessory use;
b.
shall not be built closer to the front lot line or exterior side lot line than the
minimum distance required by this By-law for the main building on the lot;
c.
shall not be built closer than 1.0 m (3.3 ft.) to any interior side lot line or rear lot
line except that:
d.
common semi-detached private garages or carports may be centred on a mutual
side lot line;
e.
in the case where a side or rear lot line for a commercial use abuts a Residential
zone, accessory uses, buildings or structure shall comply with the minimum
required yard for the main building on the lot;
f.
shall not exceed ten (10) percent coverage of the total lot area;
g.
shall not exceed the following maximum heights:
h.
in all Residential zones, 4.5 m (15 ft.);
i.
in all other zones, 10.7 m (35 ft.);
j.
shall not be built within 1.8 m (6 ft.) of the main building;
k.
shall not be considered as an accessory building or structure if attached to the
main building in any way; and
l.
no accessory building or structure shall be erected on a lot prior to the erection of
a main building on the lot.
3.2
CONSTRUCTION USES
Notwithstanding any other provisions of this By-law, uses, buildings or structures such
as a work camp, a tool shed, mobile home, trailer, scaffold, or sign, or other building or
structure incidental to and necessary for construction work and/or sales and marketing
purposes on the premises, are permitted in any zone provided that:
a.
such uses, buildings, or structures are used only for as long as are reasonably
necessary for work in progress which has neither been finished nor abandoned, or
a maximum period of one (1) year, whichever is the lesser;
b.
such uses, buildings, or structures are removed when the construction work for
which they are required is terminated; and
c.
such buildings or structures are not used as a dwelling unit.
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3.3
ENVIRONMENTAL REVIEW REQUIREMENT
Within lands shown on the Environmental Review Areas Overlay depicted in Schedule
'C' to this Bylaw, no building or structure shall be erected, and no land used for any
purpose permitted by the applicable zone on Schedule 'A', unless plans for the proposed
use, building or structure have been reviewed by the Ontario Ministry of Natural
Resources and the Essex Region Conservation Authority, or by the Environmental
Advisory Committee, where it exists.
3.4
EXISTING LOTS
Notwithstanding any other provisions of this By-law, an existing lot of record having less
than the required frontage or area may be developed for a use permitted in the
applicable zone provided:
a.
the lot is serviced by a public or private sewage system and drinking water
system approved by the appropriate regulatory authority.;
b.
the lot fronts onto an open street; and
c.
all other regulations of this By-law are satisfied.
3.5
EXPROPRIATIONS AND DEDICATIONS
A lot altered as a result of expropriation or dedication to a public authority and, as a
result, having less than the minimum lot area and/or minimum lot frontage required in
this By-law, may be used and a building or structure may be erected, altered or used
thereon, provided all other requirements of this By-law are complied with.
3.6
EXTERNAL BUILDING MATERIALS
The following building materials shall not be used for the exterior facing of any wall of
any building or structure within the Corporation: asphalt roll-type siding, building paper,
mill ends, roll roofing, spray-on insulation, and tar paper.
3.7
FRONTAGE ON A PUBLIC ROAD
No person shall erect any building or structure unless the lot upon which such building or
structure is to be erected has lot frontage upon a street which has been assumed and is
maintained by the Municipality or other road authority in such a manner as to permit its
use by vehicular traffic. A building or structure may be erected upon a lot within a plan
of subdivision registered subsequent to the effective date of this bylaw provided that it is
in accordance with the provisions of a Subdivision Agreement, in respect of such plan of
subdivision notwithstanding, that the streets within such plan of subdivision have not
been assumed and are not being maintained by the Municipality or other road authority.
3.8
GROUP HOMES
a.
Notwithstanding any other provision of this By-law to the contrary, a Group Home
-Type 1 may be permitted in any single detached dwelling provided there is no
Group Home - Type 1 or Type 2 located within 250 m from the proposed facility.
b.
Group Homes -Type 2 are permitted only a zone which specifically permits the
use. The minimum separation distance from another Type 2 Group Home and/or
a school shall be 450 m in any direction.
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3.9
HAZARD LANDS, LAKE ERIE FLOODPRONE AREA AND
SHORELINE SETBACK REGULATIONS
Hazard Lands
No permanent buildings or structures, with the exception of those designed, used or
intended for flood or erosion control purposes, shall be erected or used on lands which
exhibit a hazardous condition as a result of instability, susceptibility to flooding, erosion,
subsidence, inundation, or the presence of organic soils or steep slopes unless a permit
has been obtained from the Essex Region Conservation Authority.
Lake Erie Floodprone Area
No part of any building or structure shall be built on lands located within the Lake Erie
Floodprone Area, as depicted on Schedule 'B' to this By-law, unless floodproofed to the
1:100 Year Flood Level to the satisfaction of the Essex Region Conservation Authority to
ensure that the lowest opening of any such building or structure has a minimum
elevation of 176.26m as prescribed by the Conservation Authority.
Within the Lake Erie Floodprone Area, no habitable building shall be built unless safe
access for vehicle and pedestrian movement, for the purpose of emergency response
during times of flooding, or safe and dry access in the case of institutional and essential
emergency response uses, can be provided to the satisfaction of the Conservation
Authority.
Shoreline Setback Area
No part of any building or structure, in any zone, other than a fence, hedge or shoreline
protective work shall be erected along the Lake Erie Shoreline, measured horizontally
along a line perpendicular to the shoreline:
a.
West of Lighthouse Point to the Intersection of South Shore Road and Stone
Road
i. within 45 m (148 ft.) of the Lake Erie shoreline.
ii. within 30 m (98 ft.) of the Lake Erie shoreline where adequate erosion
facilities and shore protection works accounting for 1:100 year wave up
rush levels as designed and/or certified by a qualified engineer and
approved by the Conservation Authority and the Township.
b.
East of the Intersection of South Shore Road and Stone Road to East West Road
i. within 30 m (98 ft.) of the Lake Erie shoreline.
ii. within 15 m (49 ft.) of the Lake Erie shoreline where adequate erosion
facilities and shore protection works accounting for 1:100 year wave up
rush levels as designed and/or certified by a qualified engineer and
approved by the Essex Region Conservation Authority and the Township.
c.
North of East West Road to Lighthouse Point
i. a single unit detached dwelling constructed on piles designed and/or
approved by a qualified engineer and to the satisfaction of the Essex
Region Authority and the Township shall have a shoreline setback as
prescribed in a permit issued by the Conservation Authority.
ii. all other dwelling construction types, the shoreline setback shall be 75 m
(246 ft.).
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iii. accessory buildings on lands zoned R2, in accordance with Subsection
3.1, except accessory buildings constructed on piles designed and/or
approved by a qualified engineer and to the satisfaction of the Essex
Region Conservation Authority and the Township shall have a shoreline
setback as prescribed in a permit issued by the Essex Region
Conservation Authority and all other accessory building construction
types shall have a shoreline setback of 75 m (246 ft.).
3.10 HEIGHT RESTRICTION EXCEPTIONS
The height restrictions of this By-law shall not apply to restrict the height of any of the
following structures:
a.
a radio antenna or television receiving or transmitting equipment;
b.
a barn for a permitted agricultural use;
c.
a grain elevator and storage;
d.
a grain dryer;
e.
a belfry or cupola;
f.
a chimney;
g.
a church spire;
h.
a clock tower;
i.
an elevator or stairway penthouse;
j.
a flag pole;
k.
a hydro-electric transmission tower or hydro pole;
l.
an ornamental dome or structure;
m.
a silo;
n.
a steeple;
o.
a structure containing heating, cooling or other mechanized equipment pertaining
to a building;
p.
a water tower;
q.
a structure for crushing, washing, screening or processing relating to a permitted
aggregate operation;
r.
a tower;
s.
a skylight;
t.
a wind energy generation system; or
u.
a solar energy collection device.
3.11 HOME OCCUPATION
No home occupation shall be permitted within any zone, except in accordance with the
following provisions:
a.
a home occupation shall be secondary to a dwelling unit occupied by the owner
or tenant thereof as the principal residence and located within a zone in which a
home occupation is specifically listed as a permitted use;
b.
a home occupation shall not employ any person who does not reside in the
dwelling unit which is the site of the home occupation;
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c.
the total floor area of the dwelling unit, including basement area, used for the
home occupation shall not exceed twenty-five percent (25%) of the total floor
area of the dwelling unit or 40.0 m2 (430 ft.2), whichever is the lesser.
Notwithstanding the foregoing, a bed and breakfast establishment shall be
contained within the dwelling only and shall not be subject to the maximum floor
area provision;
d.
a home occupation shall not be permitted within an accessory building or
structure in any Residential Zone or any Agricultural Zone where there is a single
detached dwelling;
e.
open storage associated with a home occupation shall not be permitted;
f.
the external character of the dwelling as a residence shall not change;
g.
the home occupation shall not create a nuisance, particularly in regard to noise,
odour, dust and refuse;
h.
parking shall be required in accordance with Section 3.28 of this Bylaw;
i.
there shall be no externally visible indication that a home occupation is being
conducted within a dwelling unit, except that one sign no larger than 0.2 m2 (2.1
ft.2) shall be permitted; and
j.
a home occupation may include only an office or consulting room for a
professional person or agent, an office for a trade such as a house builder,
painter, or electrician, an office for a charitable organization, a workroom for a
caterer, dressmaker or tailor, a studio for a teacher of music, art or academic
subjects, a photographer or commercial artist, tool sharpening, a barber shop, a
hairstylist or hairdressing establishment, a dog grooming establishment, a mail
order establishment and a home child care establishment that for remuneration
provides temporary day care to not more than five children, a bed and breakfast
establishment and any other use similar in nature which conforms to the
preceding criteria.
3.12 HOME BUSINESS - AGRICULTURAL
An agricultural home business shall comply with the following provisions:
a.
Except for any associated open storage, the agricultural home business shall be
carried on entirely within a building or structure accessory to an agricultural use;
b.
An agricultural home business shall employ no more than two (2) persons who
do not reside in the dwelling units;
c.
An agricultural home business shall not exceed 90 m2 and no more than 25% of
the Gross Floor Area of the dwelling shall be exclusively devoted to the
agricultural home business; and
d.
In all other respects, Section 3.11 of this By-law shall apply.
3.13 LANDSCAPING AND PLANTING STRIPS
a. Landscaped Open Space
i. Landscaped open space shall be provided in accordance with the zone
provisions set out herein for each zone and the following provisions:
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ii. any part of a lot which is not occupied by buildings, structures, parking
areas, loading spaces, driveways, excavations, agricultural uses or
permitted outdoor storage areas shall be maintained as landscaped open
space;
iii. except as otherwise specifically provided herein, no part of any required
front yard or required exterior side yard shall be used for any purpose
other than landscaped open space;
iv. where landscaped open space is required adjacent to any lot line or
elsewhere on a lot, nothing in this By-law shall prevent such landscaped
open space from being traversed by a pedestrian walkway or a driveway;
v. no part of any driveway, parking area, loading space, stoop, roof-top
terrace, balcony, swimming pool or space enclosed within a building, shall
be considered part of the landscaped open space on a lot.
b. Planting Strips
i. A planting strip shall be provided where a lot is zoned or used for
Industrial, Commercial, or Institutional uses and:
ii. where the interior side lot line or rear lot line abuts any lot used or zoned
for Residential purposes;
iii. (ii)
where such a lot is in an Industrial zone and the exterior lot line or
rear lot line abuts a street line and the opposite street line abuts a
Residential zone;
iv. (iii)
the minimum width of a planting strip shall be 1.5 m (5.0 ft.)
measured perpendicularly from the lot line and the ultimate height shall
be 1.8 m (6.0 ft.) except that within a sight triangle the maximum height
shall be 0.6 m (2.0 ft.); and
v. (iv)
where driveways and pedestrian walkways extend through a
planting strip it shall be permissible to interrupt the planting strip to within
3.0 m (10.0 ft.) of the edge of the driveway and to within 1.0 m (3.3 ft.) of
the edge of the pedestrian walkway.
3.14 LOTS WITH MORE THAN ONE USE OR ZONE
a.
More Than One Use
i. Where a lot contains more than one permitted use defined separately
herein, other than an accessory use, each use shall conform to the
provisions of this By-law which are applicable to each use in the zone in
which the said lot is located as if such use existed independently of any
other use; and
ii. Where standards or provisions pertaining to two or more uses on one lot
are in conflict, the higher or more restrictive standard or provision shall
prevail.
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b.
More Than One Zone
i. Except as otherwise provided in Paragraph (ii) of this Clause, where a lot
is divided into two or more zones, each portion of the said lot shall be
treated as if it were a separate lot as defined herein and shall be used in
accordance with the provisions of this By-law which are applicable to the
zone wherein such portion of the said lot is located; and
ii. Where the use or uses of a lot divided into two or more zones are
permitted in all zones applying to the lot, the said lot shall be considered
to be a single lot as defined herein. The more restrictive zone
requirements pertaining to such use or uses in all the said zones shall
apply to only the said portion of the lot found in that zone.
3.15 LOSS BY NATURAL CAUSES
Notwithstanding any other provisions of this By-law, where a building or structure that
does not comply with one or more regulations of this By-law is destroyed or partially
destroyed by fire or other natural causes, replacement of the said building or structure to
the same basic dimensions and on the same basic site shall be permitted, provided a
building permit is issued within three (3) years from the date of the destruction.
Where such building or structure is within the Lake Erie Floodprone Area depicted on
Schedule 'B' to this Bylaw, its reconstruction is subject to the Lake Erie Floodprone Area
provisions of Section 3.8 of this Bylaw if less than fifty percent of its appraised value
remains after the destruction or partial destruction.
3.16 MINIMUM DISTANCE SEPARATION FORMULAE (MDS I &II)
a.
Minimum Distance Separation I (MDS I)
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no residential, institutional, commercial, industrial, or recreational use
located on a separate lot and otherwise permitted by this By-law, shall be
established and no building or structure for such use shall be erected or altered
unless it complies with the Minimum Distance Separation (MDS I) as set out in
Schedule D. However, MDS I shall not apply to the alteration of an existing
dwelling or the replacement of an existing dwelling with a new dwelling provided
the new dwelling is situated no closer to a livestock facility than the dwelling
being replaced.
b.
Minimum Distance Separation II (MDS II)
Notwithstanding any other yard or setback provision of this By-law to the
contrary, no livestock facility shall be erected or expanded unless it complies with
the Minimum Distance Separation (MDS II) calculated as set out in Schedule D.
c.
Minimum Distance Separation Exemption
The Minimum Distance Separation (MDS I and MDS II) shall not be required
between a livestock facility and:
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i.
a dwelling or accessory building on the same lot;
ii.
a public utility;
iii.
a sewage treatment facility;
iv.
a waste disposal site; or,
v.
a pit.
3.17 MINIMUM FLOOR AREA
Minimum dwelling unit floor area requirements are:
i.
single detached dwelling
65 m2 (700 ft.2) per dwelling unit
ii.
multiple dwelling
40 m2 (431 ft.2) per bachelor
dwelling unit
55 m2 (592 ft.2) per one bedroom dwelling
unit.
65 m2 (700 ft.2) per two bedroom dwelling
unit.
85 m2 (915 ft.2) per three bedroom dwelling
unit.
85 m2 (915 ft.2) plus 9 m2 (97 ft.2) per each
bedroom in excess of (3) for dwelling units
containing more than three (3) bedroom.
3.18 MINIMUM SEPARATION FOR KENNELS
Where permitted by this By-law, in addition to the provisions of the applicable zone, an
animal kennel shall not be erected or used closer than 250 m from a separate lot on
which a residential use is permitted or from a dwelling located on a separate lot, or from
any Business and Institutional Zone.
3.19 MINIMUM SEPARATION FOR PORTABLE ASPHALT PLANT
A portable asphalt plant shall not be erected or used closer than 300 m from a dwelling a
school, a day nursery or a nursing home located on a separate lot.
3.20 MINIMUM SETBACKS FROM MUNICIPAL DRAINS
No part of any building or structure other than a permeable fence, shall hereafter be
erected in any zone or defined area closer to an open municipal drain than 8.0 m plus
the depth of the drain to a maximum of 15.0 m (49 ft.) from the top of bank, measured
horizontally along a line perpendicular to a line drawn along the top of bank, or in the
case where a drain is covered or may be covered as authorized by the Council or the
Municipal Engineer, the minimum setback shall be 3.0 m (10 ft.) from the centerline of
the drain.
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3.21 MINIMUM SEPARATION FROM SEWAGE TREATMENT
FACILITIES
Notwithstanding any other provisions of this By-law to the contrary, the nearest main wall
of a dwelling shall not be constructed within 100.0 m (328.0 ft.) of any sewage treatment
facility.
3.22 MOBILE HOMES
Mobile homes are prohibited within the Township except where a temporary use by-law
approved in accordance with Section 39 of the Planning Act R.S.O 1990, c. P.13, to
permit them for a specified period of time has been adopted.
3.23 NON-COMPLYING BUILDINGS AND STRUCTURES
Where an existing building or structure is located on a lot having less than the minimum
frontage and/or area required by this By-law, or having less than the minimum setback,
front yard, side yard, rear yard, floor area and/or flood protection measures required by
this By-law, the said building or structure, including foundation, may be enlarged,
reconstructed, repaired or renovated provided that the enlargement, repair or renovation
of the existing buildings or structures, or any part thereof, does not further increase any
existing non-compliance and complies with the other setback and yard requirements of
the applicable zone.
3.24 NON-COMPLYING USE: ADDITIONS AND ACCESSORY USES
a.
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.
b.
Nothing in this By-law shall prevent the erection or enlargement of buildings,
i.
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.
3.25 NUMBER OF MAIN BUILDINGS ON A LOT
Unless otherwise stated in the applicable zone, no lot that is used for residential
purposes shall be occupied by more than one (1) main building.
3.26 OPEN STORAGE
Except as otherwise specifically provided in this By-law, no open storage shall be
permitted in any zone, except in accordance with the following provisions:
a.
open storage shall be accessory to a permitted non-residential use carried on in
an enclosed building or portion thereof on the same lot;
b.
no open storage area shall be permitted in any front yard or exterior side yard,
except in the case of an Agricultural use;
c.
no open storage shall be located closer than 2.0 m (6.6 ft.) to an interior side lot
line or a rear lot line;
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d.
no open storage area shall be visible from any street or from any adjacent lot,
where such adjacent lot is located in other than a Business and Institutional,
Agricultural, and Extractive Industrial zone class, or from a dwelling on an
adjacent lot in an Agricultural zone; and to this end, any open storage area shall
be screened by a planting strip containing an opaque fence, wall or other opaque
barrier not less than 1.8 m (6.0 ft.) in height, except that this provision shall not
apply to any open storage area accessory to an Agricultural use or to the outside
display and sale of goods and materials in conjunction with a permitted
commercial use;
e.
any open storage area shall be maintained as landscaped open space or
provided and maintained with a stable surface, and treated so as to prevent the
raising of dust or loose particles and drained, except that this provision shall not
apply to any open storage area located on a lot whereon the main use is an
agricultural use;
f.
notwithstanding Paragraph (e) of this Clause, no open storage area shall be
considered part of any landscaped open space required hereby;
g.
no required parking space or loading space shall be used for open storage
purposes.
h.
Nothing in Clause (b) of this Subsection shall apply to prevent or otherwise
restrict the use as an open storage area of any part of:
i. the required front yard or the required exterior side yard on a lot
containing an agricultural use, for a temporary roadside retail farm sales
outlet for produce grown on the said lot; or
ii. a lot containing a single dwelling, for a special occasional temporary sale,
by auction or otherwise, of personal possessions belonging to the
occupant thereof.
3.27 OUTDOOR SWIMMING POOLS AND RELATED STRUCTURES
The following regulations shall apply with respect to the erection or use of a swimming
pool or related structure, such as a hot tub or whirlpool, which is not located within a
building:
a.
no swimming pool or related structure shall be located in any front or exterior
side yard in a Residential zone;
b.
no swimming pool or related structure shall be located closer than 1.5 m (5.0 ft.)
to any rear lot line or side lot line;
c.
no part of a swimming pool or related structure shall exceed a height of 2.0 m
(6.6 ft.) above grade, exclusive of related appurtenances or facilities such as
diving boards or slides which shall not exceed 5.0 m (16.4 ft.) in height;
d.
no swimming pool or related structure shall be considered part of the lot
coverage of a lot, unless such swimming pool is enclosed within a building;
e.
no part of any swimming pool deck shall be closer than 0.5 m (1.6 ft.) to any lot
line; and
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f.
no swimming pool or related structure shall be permitted unless enclosed in
accordance with the Municipality's By-law governing the erection and
maintenance of fences and gates around swimming pools.
3.28 PARKING REGULATIONS
a. Minimum Parking
For every type of building listed below which is erected, altered or enlarged in any zone
after the passing of this By-law, off-street parking shall be provided and maintained in
accordance with the following requirements:
CLASS OF USE
MINIMUM NUMBER OF
SPACES REQUIRED
RESIDENTIAL
Single Detached Dwelling
2 spaces
Duplex Dwelling, Semi-Detached Dwelling
2 spaces per unit
Multiple Unit Dwelling
1.5 spaces per unit
Home Occupation (excluding Bed and Breakfast
Establishment)
1 space plus the parking
required for the dwelling
COMMERCIAL INSTITUTIONAL RECREATION
Retail Stores, Personal and Other Service, Office
1 space per 28.0 m2 (30
ft.2) of gross floor area.
Financial Institution
1 space per 15.0 m2 (161
ft.2) of gross floor area
Gas Bar, Service Stations
1 space per service island
and 2.0 spaces per service
bay
Restaurant
1 space per 9.0 m2 (97 ft.2)
of gross floor area
Entertainment/Recreation
1 space per 4.6 m2 (50 ft.2)
of gross floor area
Golf Course
2 spaces per tee
Hotels
1 space per rental room
Bed and Breakfast Establishment
1 space per guest room,
plus one for the resident
Marina
1 space per 4 berths
Place of Worship
1 spaces per 6 seats of
seating capacity
School
2 spaces per classroom
Winery
1 per employee, plus 1 per
every 28.0 m2 (300 sq. ft.)
of floor area devoted to
each secondary use
All other uses not specifically referred to or
categorized above
1 spaces per 45.0 m2 (484
ft.2) of gross floor area
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b. Barrier Free Parking
Within each parking area required above, barrier free parking spaces shall be provided
at a location specified by the Chief Building Official or in accordance with the
corresponding site plan agreement and in accordance with the following table:
Total Number of Parking
Spaces In the Parking Area
Minimum Number of Spaces To Be Barrier
Free
0 to 10
0
10 to 25
1
26 and over
2
c. Standards for Parking Areas
Where in this By-law parking areas are required or permitted:
i. the parking areas and driveway approaches shall be hard surfaced to the
satisfaction of the Municipality;
ii. If an addition is made to the building or structure, then additional parking
spaces shall be provided as required by Subsection 3.28(a) for such
addition;
iii. when a building or lot accommodates more than one use or purpose, the
required parking spaces shall be the sum of the required parking spaces
for the separate uses or purposes. Parking spaces for one use shall not
be considered as providing required parking for any other use.
iv. if calculation of the required parking spaces results in a fraction, the
required parking spaces shall be the next highest whole number; and
v. parking areas shall be located on the same lot as the use for which such
parking is required; however, in the case of any Business and Institutional
zone, such parking may be provided within 100.0 m of the location which
it is intended to serve and shall be in the same zone as the lot and use for
which the parking is required.
d. Special Parking Provisions for Residential Zones
i. In any Residential zone, for all lots other than a lot abutting Lake Erie, all
parking spaces shall be located in a garage or carport or in a side or rear
yard, or on a driveway only in the front yard.
ii. In a residential zone where the lots abut Lake Erie, all parking spaces
shall be located in a garage or carport or in a front or side yard.
iii. In any Residential zone, no vehicle shall be parked on any part of a lot
other than in a garage, carport, designated parking area or on a driveway.
e. Driveway Regulations
i. A driveway serving a residential use shall have a width of 3.0 m (10.0 ft.)
minimum, 7.6 m (25 ft.2) maximum. A driveway for a commercial or
industrial use shall have a maximum width of 9.0 m (30 ft.2). A driveway
for any other use shall have a width of 3.0 m (10 ft.) minimum, 9.0 m (30
ft.) maximum.
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ii. The maximum width of any joint entrance and exit driveway for residential
use measured along the street line shall be 9.0 m (30 ft.). Driveways that
are not joint must be 0.6 m (2 ft.) from the lot lines in the required front
yard.
iii. The minimum distance between a driveway access and an intersection of
street lines, measured along the street line, shall be 9.0 m (30 ft.).
iv. The minimum angle of intersection between a driveway access and a
street line shall be sixty (60) degrees.
a. Every lot shall be limited to the following number of
driveways:
b. Up to the first 30 metres of frontage measured along the
street line not more than 1 driveway.
c. For each additional 30 metres of frontage measured along
the street line, not more than 1 additional driveway to a
maximum of three driveways.
f. Loading Spaces
No person shall erect or use any building or structure in any zone for any commercial or
industrial purpose involving the movement of goods or persons unless loading spaces
are provided and maintained in accordance with the following provisions:
i. no loading space shall be required unless the total floor area exceeds 460
m2 (4952 ft.2);
ii. a loading space shall not be less than 3.5 m wide by 9.0 m (30 ft.) long
and 4.6 m (15 ft.) in height for clearance purposes;
iii. for each loading space, there shall be an accompanying maneuvering
apron not less than 3.5 m (12 ft.) wide by 9.0 m (30 ft.) long;
iv. where a loading space is situated on a lot line abutting a residential zone,
the loading area shall be completely screened therefrom by a building
wall or uniformly painted solid fence, wall or door or any combination
thereof, not less than 2.4 m (8 ft.) in height;
v. no loading space shall be located within 9.0 m (30 ft.) of the nearest point
of intersection of any two (2) street lines;
vi. adequate drainage facilities shall be provided and maintained in
accordance with the requirements of the Municipality; and
vii. the loading space and approaches shall be maintained with a stable
surface that is treated to prevent the raising of dust or loose particles.
3.29 PETROLEUM WELLS AND PETROLEUM WORKS
a.
Nothing in this By-law shall prevent the use of any land for any petroleum well or
petroleum works subject to the regulations of the Oil, Gas and Salt Resources
Act, R.S.O. 1990, Chap. P. 12, as amended.
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b.
No building or structure shall be erected, located or constructed within 75m of an
existing petroleum well or works unless the well or works have been
decommissioned in accordance with the Oil, Gas and Salt Resources Act and its
regulation. No buildings or structures shall be erected, located or constructed
directly on top of a decommissioned well.
3.30 PROHIBITED USES
The following shall be prohibited in any zone unless specifically permitted otherwise:
a.
the use of any land, building or structure for the purposes of wrecking yards,
salvage yards, dumps, or the collection or storage of rags, junk, used tires,
refuse, scrap iron, or other scrap metals;
b.
the use of any land, building or structure for the purposes of an adult;
entertainment establishment, a body-rub establishment or massage parlour;
c.
the use of any land, building or structure for the keeping of exotic animals;
d.
the use of any land, building or structure for the refining or storage of hazardous
industrial products; and
e.
a mobile home, except as a construction use as provided for in Subsection 3.2,
or a Temporary Use, as provided for in Subsection 3.2 of this By-law.
3.31 PUBLIC OUTDOOR PATIOS
The following provisions shall apply to a public outdoor patio:
a.
A public outdoor patio shall be deemed to be a permitted use in a zone where the
following uses are permitted:
i. Place of Assembly / Hall;
ii. Private Club;
iii. Place of Entertainment;
iv. Recreational Building; or
v. Restaurant or Tavern.
b.
No public outdoor patio shall accommodate more than 50% of the capacity of the
establishment with which the patio is associated.
c.
No public outdoor patio shall be permitted within a yard where any lot line abuts a
Residential zone.
d.
Where a public outdoor patio is used for the service and consumption of food
and/or beverage, parking shall be provided at the same ratio as for the main use.
e.
No public outdoor patio shall be permitted to occupy any required parking spaces.
3.32 PUBLIC USES PERMITTED
A Public Use, as defined in Section 2.0 of this By-law, is permitted in any zone provided
that:
a.
the lot coverage, setback and yard requirements of the zone in which such land,
building or structure is located are complied with; and
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b.
no open storage shall be permitted in any Residential zone, in a yard on a lot
adjacent to any Residential zone or in a yard on a lot opposite to any Residential
zone.
3.33 SEQUENCE OF DEVELOPMENT
No accessory building or structure shall be erected on a lot prior to the erection of a
main building on the lot.
3.34 SERVICING REQUIREMENTS FOR ALL DEVELOPMENT
No person shall use any lot or erect, alter or use any building or structure in any zone or
defined area within the Township unless such land, building or structure is serviced by a
public or private sewage system and drinking water system appropriate to the use and
approved by the appropriate regulatory authority.
3.34A SHIPPING CONTAINERS AND TEMPORARY STORAGE UNITS
(added B/L 2023-066 OCTOBER 10, 2023)
a. The use of permanent shipping containers is prohibited, except in Residential,
Agriculture and Extractive Industrial zones. In Residential, Agriculture and Extractive
Industrial Zones, the use of permanent shipping containers for storage is permitted
subject to the following provisions: Permanent shipping containers require building
permits and shall be permitted only as an accessory use on a lot where a principal use
already exists;
b. Permanent shipping containers shall be used exclusively for storage purposes. Shipping
containers shall not be used for human habitation, for a home occupation or an
agricultural home business, for office use or for display, advertising, screening or
fencing;
c. On a property within an Agricultural or Extractive Industrial zone the maximum number
of permanent shipping containers shall be two (2). No maximum shall apply to shipping
containers being actively used for transport of goods and/or materials.
d. On a property within a Residential zone, the maximum number of permanent shipping
containers shall be one (1).
e. A permanent shipping container shall be located only in a side yard or a rear yard, and
provided that:
i. it is screened from view if the side yard or rear yard abuts a street or a
property zoned other than Extractive Industrial or Agricultural; it complies
with the lot coverage, accessory buildings and setback requirements of
this Bylaw;
ii. it is not located in any required parking area or required landscaped area
or buffer; and
iii. it has met the requirements of Section 3.3 of this Bylaw, if applicable.
f. A permanent shipping container shall not exceed a height of 3.0 metres or a length of
13.0 metres, and shall not be stacked one on top of another; and
g. A permanent shipping container shall be in a condition free from rust, peeling paint and
any other form of visible deterioration or lack of maintenance.
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h. The use of temporary storage units is permitted in any zone, except an Environmental
Protection zone, and shall be subject to the following provisions:
i. Notwithstanding any other provision of this By-law, a maximum of one (1)
temporary storage unit shall be permitted to be located in a driveway of a
residential lot for the purposes of loading and unloading household items
during the process of moving, provided that the unit is removed from the
lot within thirty (30) days;
ii. A temporary storage unit:
1. shall not encroach onto a public sidewalk;
2. shall not be located in a daylight corner;
3. shall not be located than 0.6m to any lot line, and:;
4. shall not exceed a height of 3.0 metres or a length of 13.0 metres
shall not be stacked on top of one another.
iii. Notwithstanding any other provision of this By-law, a temporary storage
unit is permitted in any zone on a construction site in conjunction with a
construction or renovation project under a building permit, or with the
development of an approved plan of subdivision, for the purpose of
temporary storage of equipment and/or materials incidental to that
construction or development only. The temporary storage units shall be
subject to the following:
1. they shall not exceed (2) two in number; and,
2. they shall be permitted for the entire term of the construction
period, up to a maximum of (1) one year.
3.35 SIGHT VISIBILITY TRIANGLES
Notwithstanding any other provisions of this By-law, within the triangular space included
between the street lines for a distance of 9.0 m from the point of intersection, no building
or structure including a fence or sign or any outside storage or parking shall be erected
or permitted, in such a manner as to obstruct vision below a height of 0.8 m (2.7 ft.)
above the centerline grade of the intersecting street.
3.36 TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS
USED FOR HUMAN HABITATION, OFFICE OR STORAGE PURPOSES
(as amended by By-law 2015-23)
a.
No truck, transport trailer, bus, coach, or other vehicle, except a recreational
vehicle within a permitted campground, shall be used for human habitation within
the Municipality Township whether or not the same is mounted on wheels. This
prohibition shall not apply to a recreational vehicle within a permitted
campground or having a valid and unexpired licence issued by the Municipality in
accordance with a Trailer Licening By-law passed under the Municipal Act.
b.
No bus, coach, tent, trailer, or other vehicle, as defined in this By-law shall be
used as a permanent office or for storage purposes within the Municipality. This
does not prevent the use of a transport trailer for storage in an Extractive
Industrial or Agricultural zone in accordance with the provisions of that zone.
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However, storage in a transport trailer is prohibited in any residential zone unless
specifically permitted.
c.
No truck or other vehicle shall be parked and used for wholesale or retail sale of
goods, articles or things for a period of more than fifteen (15) days within any
given calendar year.
3.37 USES PERMITTED IN ALL ZONES
The following uses are permitted in all zones, or in all specified zones, provided they can
meet the specified provisions of this By-law:
a. Uses permitted in all zones:
i. Accessory use, building or structure in accordance with
Subsection 3.1.
ii. Construction Use in accordance with Subsection 3.2.
iii. Public Use as defined in Section 2.0. and in accordance with
Subsection 3.32.
iv. Street as defined in Section 2.0.
b. Uses permitted in all Residential Zones:
i. Foster Home as defined in Section 2.0.
ii. Group Home Type 1 as defined in Section 2.0 and in accordance
with Subsection 3.8.
iii. Model Home as defined in Section 2.0.
3.38 WIND ENERGY GENERATION SYSTEM
An accessory wind turbine may be located in any Agricultural zone where the minimum
distance is 1.25 times the height of the wind turbine from the nearest portion of the
structure to the front, side and rear lot lines and where the height is measured from the
highest point of the blade rotation to the lowest grade elevation at the base of the tower.
No accessory wind turbine shall be located within the required front yard or exterior side
yard.
3.39 YARD ENCROACHMENTS AND OBSTRUCTIONS
Every part of any required yard established by this By-law shall be open and
unobstructed by any structure other than a fence, from the ground upward:
(a)
provided that those structures listed in the following table shall be permitted to
project into the required yards indicated for the distances specified.
Structure
Required Yard In Which
Projection is Permitted
Amount of
Encroachment Allowed
Sills, belt courses,
cornices, eaves,
gutters, chimneys or
pilasters
Any yard
0.6 m (2 ft.)
Fire escapes and
Exterior side and rear yards
1.5 m (5 ft.) for no more
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enclosed staircases
than a maximum
horizontal length of 4.6 m
Window bays and
awnings
Front, rear and exterior side
yards
1.0 m (3.3 ft.) for no more
than a maximum length
of 3.0 m (10 ft.)
Balconies/decks
Any yard for multiple
dwellings; rear yards and
exterior side yards for all other
dwelling types
1.8 m (6 ft.)
Decks/patios 0.6m or
less above finished
grade
Any Yard
4.5m (15ft.)
Open, roofed porches
not exceeding one
storey in height
Front, rear and exterior side
yards
2.4 m (8 ft.) including
eaves and cornices
Steps and landings
Any yard
1.0 m (3.3 ft.)
Barrier free facilities
Any yard
As required
Free-standing
outdoor furnace and
air conditioning units
Rear and exterior side yards
1.5 m (5 ft.)
(b)
Projection Beyond Lot Lines
No part of any building or structure on any lot shall project beyond the lot line or
street line of such lot.
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SECTION 4.0
ZONES AND ZONING MAP
4.1
ESTABLISHMENT OF ZONES
For the purposes of this By-Law and of the maps contained in Schedule "A" hereto, the
following zones are established and they may be referred to by class, symbol or name:
CLASS:
RESIDENTIAL
Symbol
Name
R1
Residential 1 Zone
R2
Residential 2 Zone
CLASS:
AGRICULTURE
Symbol
Name
A
Agricultural Zone
CLASS:
BUSINESS AND INSTITUTIONAL
Symbol
Name
C1
General Commercial Zone
C2
Tourist Commercial Zone
RS
Resort Commercial Zone
IN
Institutional Zone
CLASS:
EXTRACTIVE INDUSTRIAL
Symbol
Name
EX
Extractive Industrial Zone
CLASS:
OPEN SPACE
Symbol
Name
OS
Open Space Zone
EP
Environmental Protection Zone
CLASS:
MISCELLANEOUS
Symbol
Name
DR
Development Reserve Zone
T
Temporary Use Zone
4.2
USE OF SYMBOLS
The symbols listed in Subsection 4.1 shall be used to refer to lands, buildings, and
structures and the uses thereof permitted by this By-law in the said zones, and wherever
in this By-law the word Zone is used, preceded by any of the said symbols, such zone
means any area within the Municipality delineated on the Zoning Maps and designated
thereon by the said symbol.
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4.3
REGULATION LIMITS
The approximate extent of lands subject to the regulations of the Essex Region
Conservation Authority are indicated by shading on Schedule 'B' to this Bylaw.
Applications for building permits in these areas will be referred to the Conservation
Authority for review and comment prior to the issuance of such permit.
4.4
SCOPE OF ZONE REQUIREMENTS
Except as otherwise specifically provided herein, the specific zone requirements set out
herein for each zone shall apply to the zone in addition to the General Provisions set out
in Section 3.
4.5
SPECIAL PROVISION ZONES
Wherever a zone symbol on Schedule "A" hereto is followed by a dash and a number,
such as "R1-1", the lands so designated shall be subject to all of the provisions of this
By-law applicable to the zone represented by the zone symbol except as otherwise
specifically provided by the special provisions of the special zone set out in the Special
Provisions subsection of the applicable zone.
4.6
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones
as shown on a Zoning Map, the following shall apply:
a.
unless otherwise shown, the boundary of the zones as shown on the Zoning
Maps are the centre lines of the road allowance or lot lines and the projection
thereof;
b.
where zone boundaries are indicated as approximately parallel to the line of any
street and the distance from such street is not indicated, such zone boundaries
shall be construed as being parallel to such street and the distance therefrom
shall be determined by the use of the scale shown on the Zoning Maps;
c.
unless otherwise indicated, a street, lane, transmission line, or drain included on
the Zoning Maps, is included within the zone of the adjoining property on either
side thereof; and where such street, lane, transmission line or drain serves as a
boundary between two or more different zones, a line midway in such street,
lane, transmission line, or drain and extending in the general direction of the long
division thereof is considered the boundary between zones unless specifically
indicated otherwise; and
d.
in the event a dedicated street, lane, transmission line or right-of-way shown on
the Zoning Maps are closed, the property formerly in said street, lane,
transmission line, or right-of-way shall be included within the zone of the
adjoining property on either side of the said closed street, lane, transmission line
or right-of-way, and the zone boundary shall be the former centre line of said
closed street, lane, transmission line or right-of-way.
e.
Where a zone or defined area boundary is indicated as following the centre of an
open drain, and such drain is then covered, such boundary shall be the
centerline of the covered drain.
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f.
Wherever it occurs, the Lake Erie shoreline is the boundary of the zone or
defined area adjacent to it.
g.
Where a zone or defined area boundary is indicated as following a shoreline, the
boundary shall follow the water's edge of such shoreline and, in the event that
the water's edge of such shoreline changes, the boundary shall be taken as
having moved with the water's edge.
h.
Where a defined area's boundary appears to follow a zone boundary it shall be
taken as following such zone boundary.
i.
Where any zone boundary or defined area boundary is left uncertain after
application of the preceding provisions, then the boundary line shall be
determined according to the scale on the Zoning Maps kept in the municipal
office of the Municipality.
4.7
HOLDING SYMBOL (h)
Use of Symbol
Where the Symbol 'h' appears on a zoning Map, notwithstanding the provisions for that
zone, unless this By-law has been amended to remove the relevant "h" symbol, those
lands shall not be developed or used except in compliance with the provisions of the
applicable zone for existing uses, or for such other uses set out in the relevant Holding
Zone Provision.
Holding Zone Provisions
a. "h-1" Purpose: To ensure the orderly development of lands and the adequate
provisions of municipal services, the "h" symbol shall not be deleted until a
subdivision agreement or development agreement is entered into with the
Township of Pelee.
i. Permitted Interim Uses: Existing Uses
ii. Permitted Interim Buildings and Structures: Existing Buildings and
Structures
b. "h-2" Purpose: To ensure that development and site alteration will not have a
negative impact on significant cultural and archaeological resources a report
and/or study shall be prepared by a qualified individual demonstrating that
development in the form proposed will not adversely affect the resource.
i. Permitted Interim Uses: Existing Uses
ii. Permitted Interim Buildings and Structures: Existing Buildings and
Structure.
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SECTION 5.0
AGRICULTURAL (A) ZONE
5.1
PERMITTED USES
Agricultural use
Agricultural home business
Bed and breakfast establishment
Conservation use
Existing grain handling facility
Existing single detached dwelling
Forestry use
Farm produce retail outlet
Home occupation
Nursery
Public use
Wayside Pit or Wayside Quarry
Winery or wine tasting establishment secondary to a viticulture operation
5.2
REGULATIONS
(a)
Minimum Lot Area
19.0 ha (47 ac)
(b)
Minimum Lot Frontage
60.0 m (197 ft.)
(c)
Minimum Front Yard
15.0 m (49 ft.)
(d)
Minimum Side Yard
(i)
Interior Yard
1.5 m (5 ft.)
(ii)
Exterior Yard
6.0 m (20 ft.)
(e)
Minimum Rear Yard
6.0 m (20 ft.)
(f)
Reduced Lot Requirements
Notwithstanding the Lot Area and Lot Frontage requirements of this Section, a lot
used for an existing single detached dwelling as its main permitted use shall be
subject to the following requirements:
(i)
Minimum Lot Area
2,000.0 m2
(21,529 ft.2)
(ii)
Maximum Lot Area
6,000.0 m2 (1.48 ac)
(iii)
Minimum Lot Frontage
30.0 m (98 ft.)
(iv)
Minimum Front Yard, Minimum Side Yards and Minimum Rear Yard in
accordance with Section 5.2
5.3
SPECIAL USE REGULATIONS
5.3.1 LIVESTOCK FACILITIES
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In addition to the provisions of Section 5.2 of this By-law, livestock facilities in the
Agricultural (A) Zone shall conform with Minimum Distance Separation II formula
(MDS II) attached to this By-law as Schedule "D".
5.3.2 SINGLE DETACHED DWELLING - MINIMUM DISTANCE SEPARATION I
Notwithstanding any other provision of this By-law to the contrary, the
construction of a single dwelling shall not be permitted except in accordance with
Minimum Distance Separation (MDS I) as set out in Schedule 'D'; however, MDS
I shall not apply to the alteration of an existing dwelling or the replacement of an
existing dwelling with a new dwelling provided the new dwelling is situated no
closer to a livestock facility than the dwelling being replaced.
5.3.3 GREENHOUSES
Notwithstanding the zone requirements of the Agricultural Zone, a farm
greenhouse or commercial greenhouse shall be subject to the following
regulations:
(a)
The minimum lot area shall be 2 ha (5 ac);
(b)
The maximum lot coverage shall be 40% of the lot area;
(c)
Where ventilation fans exhaust into a side and / or rear yard the minimum
side and / or rear yard requirement shall be 25 m (82 ft.);
(d)
A greenhouse having a gross floor area greater than 500 m² (5,382 ft.2)
shall not be permitted unless a site plan agreement has been entered into
with the Municipality;
(e)
Greenhouses that use artificial lighting for growing purposes during the
night shall be located a minimum distance of 150 m (500 ft.) from any
residential use on an adjacent lot;
(f)
No manure, compost or equipment may be stored within 30 m (98 ft.) of a
road allowance, or a drain, or a residential use on an adjacent lot; and
(g)
A greenhouse may require an Environmental Compliance Approval for
waste water treatment from the Ministry of the Environment.
5.4
SPECIAL PROVISIONS
(a)
A-1
(i)
Permitted Uses
As set out in Section 5.1, except that no new residential use is permitted.
(b)
A-2
(i)
Additional Permitted Uses
Automobile and farm equipment repair garage
Repair garage associated with municipal airport
Indoor and outdoor aircraft storage
Offices
(ii)
Additional Regulation
Minimum Lot Area
4080 m2 (1 ac)
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(a)
A(T-1) (added by By-law 2013-33)
(i) Temporary Permitted Use
Retail sales and art studio in an existing accessory building for a period of
three (3) years commencing October 21, 2013 and expiring on October 21,
2016.
(b)
A-3 (added by By-law 2015-42)
(i) Additional Zone Regulation
Minimum Front Yard
6.98m (22.9 ft.)
(c)
A-4 (Added by-law 2015-42)
(i) Permitted Uses
As set out in Section 5.1, except that no new residential use is permitted.
(ii) Additional Zone Regulation
Minimum Front Yard
38.1m (125 ft.)
(d)
A-5 (added by By-law 2024-19)
(i) Permitted Uses
As set out in Section 5.1 of this By-law, including a new single detached
dwelling and an additional dwelling unit within the existing single detached
dwelling.
(ii) Regulations
All lot and building provisions for the permitted uses, buildings and structures
shall be in accordance with Section 5.2 of this By-law with the following
exceptions:
The additional dwelling unit (west) shall be limited in size to the existing
footprint, not including decks and landings.
The front lot line shall be considered the southern property line.
The requirement for frontage on a public road shall be as existing on May 28,
2024.
The minimum lot area shall be as existing on May 28, 2024.
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(iii) Other
All other provisions of this By-law pertaining to lands zoned Agricultural (A)
shall also pertain to lands zoned Agricultural (A-5).
g)
A-6 as shown on Map 3, Schedule 'A' of this By-law.
(added by By-law 2024-27)
i. Permitted Uses
The uses permitted in the A Zone as indicated in subsection 5.1 of this By-
law, including the additional permitted use of a single detached dwelling.
ii. Zone Provisions
All lot and building provisions for the permitted uses, buildings and
structures shall be in accordance with subsection 5.3 of this By-law.
iii. Other
All other provisions of this By-law pertaining to lands zoned Agricultural
(A) shall also pertain to lands zoned (A-6).
(h)
Defined Area A-7 as shown on Map 4, Schedule 'A' of this By-law.
(added by By-law 2024-36)
i.
Permitted Uses
The uses permitted in the A Zone as indicated in subsection 5.1 of this By-
law, save and except for residential uses and structures, all of which are
prohibited.
ii. Zone Provisions
All lot and building provisions for the permitted uses, buildings and
structures shall be in accordance with subsection 5.2 of this By-law.
iii. Other
All other provisions of this By-law pertaining to lands zoned Agricultural
(A) shall also pertain to lands zoned Agricultural (A-7).
(i)
Defined Area A-8 as shown on Map 4, Schedule 'A' of this By-law.
(added by By-law 2024-36)
i.
Permitted Uses
The uses permitted in the A Zone as indicated in subsection 5.1 of this By-
law.
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ii.
Zone Provisions
All lot and building provisions for the permitted uses, buildings and
structures shall be in accordance with subsection 5.2 of this By-law with
the following exception:
i)
Maximum Lot Area
6700m2 (72,118 ft.2)
iii.
Other
All other provisions of this By-law pertaining to lands zoned Agricultural (A)
shall also pertain to lands zoned Agricultural (A-8).
(i) Defined Area A-9 as shown on Map 7, Schedule 'A' of this By-law.
(By-law 2025-32, ZBA 02-2025
a. Permitted Uses
A private club, as defined in Section 2.0 of this By-law; or
A single detached dwelling, including one home occupation and one bed &
breakfast in accordance with the provisions of Section 3.11 of this By-law; or
A restaurant, retail establishment and/or office measuring no less than 243.84
metres2 (800 square feet) in floor area;
An accessory dwelling unit to a primary use as a restaurant, retail
establishment or office;
Accessory uses, in accordance with Section 3.1 of this By-law.
b. Zone Provisions
a. Lot Requirements:
Lot Area: 3979 m2 (42,830 square feet)
Lot Frontage: 62.2m (207.24 feet)
b. Building Requirements
All uses shall be limited to the floor area of the existing building footprint.
Expansions and enlargements may be considered by way of an
amendment to this By-law.
c. Parking
i.
Parking for the use as a single detached dwelling, restaurant, retail
establishment or office shall be provided in accordance with the provisions
of Section 3.28 of this By-law.
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1. Establishment of a parking area for a restaurant, retail
establishment or office shall be subject to the site plan approval.
ii. One additional parking space shall be provided for the creation of an
accessory dwelling unit.
d. Accessory Dwelling Unit
i. must have a separate entrance located on the side or rear of the existing
building;
ii. The minimum floor area of an accessory dwelling unit shall be in
accordance with the regulations of the Ontario Building Code
e. Site Plan Control
i. Development of the property for use as a restaurant, office or retail
establishment shall be subject to site plan control approval.
c. Other
All other provisions of this By-law pertaining to lands zoned Agricultural (A)
shall also pertain to lands zoned Agricultural (A-9).
62
SECTION 6.0
RESIDENTIAL 1 (R1) ZONE
6.1
PERMITTED USE
Single detached dwelling
Home occupation
6.2
REGULATIONS
(a)
Minimum Lot Area
2000.0 m2 (21,529 ft.2)
(b)
Minimum Lot Frontage
30.0 m (98 ft.)
(c)
Minimum Front Yard
6.0 m (20 ft.)
(d)
Minimum Interior Side Yard
1.5 m (5 ft.) or where there is no attached
garage, 1.5 m (5 ft.) on one side and 3.0 m
(10 ft.) on the other side
(e)
Minimum Exterior Side Yard
4.5 m (15 ft.)
(f)
Minimum Rear Yard
7.0 m (23 ft.)
(g)
Maximum Lot Coverage
35%
(h)
Maximum Height
10.0 m (33 ft.)
6.3
SPECIAL USE REGULATIONS
6.4
SPECIAL PROVISIONS
(a)
R1-1
(i)
Additional Permitted Use
Private club
(b)
R1-2
(i)
Additional Permitted Use
Commercial use
(c)
R1-3
(i)
Additional Permitted Use
Home occupation, take out bake shop and delicatessen
(ii)
Additional Regulation
2 parking spaces for residential use
1 parking space/93 m2 (1001 ft.2) for home occupation use
(d)
R1-4
(i)
Additional Permitted Use
Tourist rental cabins
(e)
R1-5
(i)
Additional Permitted Use
Lodge
(ii)
Regulations
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In accordance with Section 10 except the minimum lot frontage shall be 115 m
(377 ft.)
(f)
R1-6 (added by By-law 2013-39)
(i) 59 Coopers Road - Lot 11, Plan 1534 being Part 1, Plan 12R-11632
Zone Regulation
Lot Frontage of 23.4m (76.77 ft.)
(g)
R1-7 (added by By-law 2013-39)
(i) 67 Coopers Road - Lot 12, Plan 1534 being Part 2, Plan 12R-11632
Zone Regulation
Southerly exterior side yard setback of 0.7m (2.30 ft.)
Rear yard setback of 1.7m (5.58 ft.)
(h)
R1-6 [R1-8] (added by By-law 2019-41)
(i)
Zone Regulations
Lot Area (Min)
565m2 (6081.61 sq. ft.)
Front Yard Setback
0.3m (1 ft.)
Rear Yard (Min)
6.096m (20 ft.)
(i)
Defined Area R1-9 as shown on Map 2, Schedule 'A' of this By-law.
(added by By-law 2024-35 and amended by By-law 2025-20, ZBA 01-2025)
a. Permitted Uses
The uses permitted in the R1 Zone as indicated in subsection 6.1 of this By-
law.
One additional dwelling unit subject to the site-specific regulations of
subsection 6.4 i) b);
Buildings and uses accessory to the permitted uses in accordance with the
provisions of subsection 3.1;
b. Regulations
All lot and building provisions for the permitted uses, buildings and structures
shall be in accordance with subsection 6.2 this By-law with the following
exception:
Notwithstanding the provisions of subsection 3.14 of this By-law, properties
split zoned R1-9 and OS-4 shall be considered a single lot for the purpose of
lot area and lot frontage. The minimum lot frontage shall be 27 m (91.7 feet).
c. Other
i) A permitted additional dwelling unit shall be constructed in accordance
with the provisions of subsection 6.2 with the following exceptions and
additional provisions:
a.
The Gross Floor Area of the additional dwelling unit shall not exceed
50% of the total Gross Floor Area of the permitted single detached
dwelling;
b.
Shall provide one additional parking space on-site;
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c.
If constructed in an accessory building shall be located in a side
yard or front yard and subject to the setback regulations applicable
to the main dwelling;
d.
If constructed in an accessory building shall not exceed a maximum
height of 6 m (20 ft); and
e.
Not be provided with a separate driveway entrance
ii) All other provisions of this By-law pertaining to lands zoned Residential 1
(R1) shall also pertain to lands zoned Residential 1 (R1-9).
(j)
Defined Area R1-10 as shown on Map 1, Schedule 'A' of this By-law.
(added by By-law 2025-01, ZBA 05-2024)
a. Permitted Uses
One single detached dwelling unit, in addition to the existing 31m2 single
detached dwelling unit;
Buildings and uses accessory to the permitted uses in accordance with the
provisions of subsection 3.1;
Home Occupation, in accordance with subsection 3.11 of this by-law.
b. Zone Provisions
All lot and building provisions for the permitted uses, buildings and structures
shall be in accordance with subsection 6.2 of this By-law with the following
exceptions:
a.
Single detached dwelling unit
i. front yard setback of 44m (144 ft);
b.
Existing 31m2 detached dwelling
i. Shall be limited to the to the current floor area (footprint);
ii. New decks and landings shall be permitted in accordance with the
provisions of subsection 6.2 and all other provisions pertaining to
lands zoned Residential (R1) of this by-law shall apply;
c. Other
All other provisions of this By-law pertaining to lands zoned Residential (R1)
shall also pertain to lands zoned Residential (R1-10) with the following
exceptions:
a.
Parking
i. The provision of required parking shall be in accordance with
subsection 3.28 of this by-law, and shall be setback a minimum of
40m (144 ft) from the front lot line;
b.
Accessory Buildings and Uses
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i. Shall be constructed in accordance with the provisions of Section
3.1, and shall be setback a minimum of 40m (144 ft) from the front
lot line;
ii. Expansions to the existing pole barn can be made in accordance
with the provisions of Section 3.1, however shall not be permitted
to extend into the side yards or front yard.
66
SECTION 7.0
RESIDENTIAL 2 (R2) ZONE
7.1
PERMITTED USE
Single-detached dwelling
Home occupation
7.2
REGULATIONS
(a)
Minimum Lot Area
1000.0 m2 (10,764 ft.2)
(b)
Minimum Lot Frontage
36.5 m (120 ft.)
(c)
Minimum Front Yard
3.0 m (10 ft.)
(d)
Minimum Side Yard
6.0 m (20 ft.)
(e)
Minimum Rear Yard
6.0 m (20 ft.)
(f)
Maximum Height
10.0 m (33 ft.)
(g)
Maximum Lot Coverage
25 % including accessory buildings and
structures
(h)
Minimum Shoreline Setbacks
(i) A dwelling and all accessory buildings constructed on piles designed or
approved by a qualified engineer and to the satisfaction of the Essex
Region Conservation Authority and the Municipality shall have a shoreline
setback as prescribed in a permit issued by the Conservation Authority.
(ii) For all other dwelling construction types and accessory buildings the
shoreline setback shall be 75 m (246 ft.).
7.3
SPECIAL USE REGULATIONS
7.4
SPECIAL PROVISIONS
(a)
Defined Area R2-1 as shown on Schedule "A", Map ___ to this Bylaw.
(i)
Permitted Uses
a)
The uses permitted in subsection 7.1 of this Bylaw.
(ii)
Permitted Buildings and Other Structures
a)
Buildings and structures for the permitted uses.
(iii)
Zone Provisions
a)
All lot and building requirements for the permitted buildings and
structures shall be in accordance with subsections 7.2 to 7.3
inclusive, of this Bylaw, except that the minimum side yard shall
be 1.5 metres.
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(b)
Defined Area R2-1 as shown on Schedule "A", Map ___ to this Bylaw.
(i)
Permitted Uses
a)
Tourist commercial rental cabin type uses in addition to the uses
permitted in subsection 7.1 of this Bylaw
b)
Uses accessory to the foregoing permitted uses.
(ii)
Permitted Buildings and Other Structures
a)
Not more than 2 tourist commercial rental cabin dwelling units
b)
one single detached dwelling per lot
c)
buildings and structures accessory to the permitted uses.
(iii)
Zone Provisions
a) All lot and building requirements for the permitted buildings and
structures shall be in accordance with subsections 7.2 to 7.3 inclusive of
this By-law.
68
SECTION 8.0 GENERAL COMMERCIAL (C1) ZONE
8.1
PERMITTED USES
Agricultural supply establishment
Animal clinic
Automobile service station
Bed and breakfast establishment
Boarding house, rooming house, or tourist home
Clinic
Club, private
Commercial recreation establishment
Communication facility
Convenience store
Day nursery
Duplicating shop
Dwelling units connected to and forming an integral part of a main building or located
above the first storey
Existing dwelling
Financial office
Funeral home
Gas bar
Home occupation accessory to an existing single dwelling
Hotel, motel
Laundromat
Library
Marina
Marine facility
Merchandise service shop
Museum
Office, general or professional
Parking lot
Personal service establishment
Pharmacy
Place of assembly
Place of entertainment
Place of worship
Public or private park
Public or private school
Restaurant
Restaurant, drive-thru or take-out
Retail store
Service shop
Studios
Tavern
Video rental store
Wayside Pit or Wayside Quarry
Wholesale establishment
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8.2
REGULATIONS
(a)
Minimum Lot Area
2,000.0 m2 (21,529 ft.2)
The minimum lot area shall be increased by 100 m2 (1,076 ft.2) for each
accessory dwelling unit.
(b)
Minimum Lot Frontage
30.0 m (98 ft.)
(c)
Minimum Front Yard
6.0 m (20 ft.)
(d)
Minimum Side Yards
4.5 m (15 ft.)
(i)
where abutting a
3.0m (98ft)
commercial use
(e)
Minimum Rear Yard
10.5 m (34 ft.)
(f)
Maximum Lot Coverage
40%
(g)
Maximum Height
10.5 m (34 ft.)
8.3
SPECIAL USE REGULATIONS
8.3.1 DWELLING UNITS
The following provisions apply where a part of a building used or intended for
purposes of a commercial use in the General Commercial (C1) Zone is designed,
used, or intended for use as a dwelling unit:
(a)
The minimum floor area of a dwelling unit shall be in accordance with
Section 3. 17.
(b)
Access:
Pedestrian access to each dwelling unit, other than an accessory dwelling
unit, shall be provided from an adjacent street and shall be for the sole
use of the occupants of the said dwelling unit and any other dwelling units
located in the same building.
(c)
Exception:
No building wherein gasoline, petroleum products or any other highly
flammable, toxic, or explosive products are handled for commercial
purposes shall have contiguous dwelling units. Where such dwelling
units exist and a use changes to a use involving the aforementioned
products, the said dwelling units shall cease to be occupied as dwelling
units.
8.4
SPECIAL PROVISIONS
(a)
Defined Area C1-1 as shown on Map 2, Schedule 'A' of this By-law.
a. Permitted Uses
A fishery operation and accessory uses in addition to the uses permitted in the C1
Zone as indicted in Section 8.1 of this By-law.
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b. Permitted Buildings and Other Structures
Buildings and structures for the permitted uses.
c. Zone Provisions
All lot and building provisions for the permitted uses, buildings and structures shall
be in accordance with subsections 8.2 to 8.3.
(b)
Defined Area C1-2 as shown on Map 2, Schedule 'A' of this By-law.
(By-law 2025-45, ZBA 03-2025)
d. Additional Permitted Uses
Single Detached Dwelling
Accessory structures associated with the residential use
e. Permitted Buildings and Other Structures
Buildings and structures for the permitted uses in subsection 8.1of this By-law.
f. Zone Provisions
All lot and building provisions for the permitted uses, buildings and structures shall
be in accordance with the following provisions:
Minimum Lot Area:
1000m2 (10,764 ft2)
Minimum Lot Frontage:
15 m (50 ft.)
Front Yard Setback:
9.1 m (30 ft.)
Interior Side Yard Setback:
1.5m (5 ft.)
Rear Yard Setback:
The greater of 30m or as established by
Essex Region Conservation Authority.
Maximum Lot Coverage:
30%
Maximum Building Height:
10m (33 ft.)
Required Parking:
2 spaces
g. Other
All other provisions of this By-law pertaining to lands zoned General Commercial
(C1) shall also pertain to lands zoned General Commercial (C1-2).
71
SECTION 9.0 TOURIST COMMERCIAL (C2) ZONE
9.1
PERMITTED USES
Bed and breakfast establishment
Campground
Conference facility
Conservation uses
Hotel
Lodge
Marina
Motel
Outdoor education facility
Parking lot
Place of entertainment
Recreational vehicle park
Resort
Restaurant
Retail uses accessory to a permitted use
Wayside Pit or Wayside Quarry
Winery
9.2
REGULATIONS
(a)
Minimum Lot Area
2,000.0 m2 (21,529 ft.2)
(b)
Minimum Lot Frontage
30.0 m (98 ft.)
(c)
Minimum Front Yard
6.0 m (20 ft.)
(d)
Minimum Side Yard
4.5 m (15 ft.)
(e)
Minimum Rear Yard
6.0 m (20 ft.)
(f)
Maximum Height
10.5 m (34 ft.)
(g)
Maximum Lot Coverage
40%
9.3
SPECIAL USE REGULATIONS
9.3.1 CAMPGROUND RECREATIONAL VEHICLE PARK
(a)
Minimum Lot Area
4 ha (10 ac)
(b)
Maximum Lot Area
20.0 m (50 ac)
(c)
Minimum Lot Frontage
60 m (196 ft.)
(d)
Minimum Setback - All Lot Lines
15 m (49 ft.)
(e)
Minimum Area of Campsite
200 m2 (2,153 ft.2)
(f)
Campgrounds and Recreational Vehicles Parks shall be subject to Site Plan
Control in accordance with the Planning Act.
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9.4
SPECIAL PROVISIONS
(a)
Defined Area C2-1 as shown on Schedule "A", Map 2 to this Bylaw.
(i)
Permitted Uses
a)
Lodge
b)
Restaurant and tavern
c)
Campground
d)
Laundromat
e)
Golf course
f)
Taxi facility
g)
Boat rental facility
h)
Accessory uses including residential dwelling units accessory to a
commercial use.
(ii)
Permitted Buildings and Other Structures
a)
Buildings and structures for the permitted uses.
(iii)
Zone Provisions
a)
All lot and building requirements shall be in accordance with
subsections 9.2 to 9.3, inclusive, of this Bylaw.
(b)
Defined Area C2-2 as shown on Schedule "A", Map ___ to this Bylaw.
(i)
Permitted Uses
a)
A lodge not exceeding 20 guest rooms in capacity and accessory
uses.
(ii)
Permitted Buildings and Other Structures
a)
Buildings and structures for the permitted uses.
(iii)
Zone Provisions
a)
All lot and building requirements for the permitted buildings and
structures shall be in accordance with subsections 9.2 to 9.3,
inclusive, of this Bylaw, except that the minimum lot area shall be
1 hectare and the minimum lot frontage shall be 100 metres.
(c)
Defined Area C2-3 as shown on Schedule "A", Map ___ to this Bylaw.
(i)
Permitted Uses
a)
A lodge not exceeding 15 guest rooms in capacity
b)
A restaurant
c)
Uses accessory to the foregoing permitted uses
(ii)
Permitted Buildings and Other Structures
a)
Buildings and structures for the permitted uses.
(iii)
Zone Provisions
a)
All lot and building requirements for the permitted buildings and
structures shall be in accordance with subsections 9.2 to 9.3,
inclusive, of this Bylaw, except that the minimum lot area shall be
1 hectare and the minimum lot frontage shall be 100 metres.
73
SECTION 10.0 RESORT (RS) ZONE
10.1 PERMITTED USES
Bed and breakfast establishment
Campground
Conference facility
Conservation uses
Hotel
Lodge
Marina
Motel
Outdoor education facility
Parking lot
Place of entertainment
Recreational vehicle park
Resort
Restaurant
Residential Use
Retail uses accessory to a permitted use
Wayside Pit or Wayside Quarry
Winery or wine tasting establishment
10.2 REGULATIONS
(a)
Minimum Lot Area
2,000.0 m2 (21,529 ft.2)
(b)
Minimum Lot Frontage
30.0 m (98 ft.)
(c)
Minimum Front Yard
6.0 m (20 ft.)
(d)
Minimum Interior and Exterior
4.5 m (15 ft.)
Side Yards
(i)
where abutting and
not required
adjoining commercial lot
(ii)
where abutting a
6.0 m (20 ft.)
residential zone
(e)
Minimum Rear Yard
6.0 m (20 ft.)
(f)
Maximum Height
10.5 m (34 ft.)
(g)
Maximum Lot Coverage
40%
10.3 SPECIAL USE REGULATIONS
10.3.1 CAMPGROUND RECREATIONAL VEHICLE PARK
(a)
Minimum Lot Area
4 ha (10 ac)
(b)
Maximum Lot Area
20.0 m (50 ac)
(c)
Minimum Lot Frontage
60 m (196 ft.)
(d)
Minimum Setback - All Lot Lines
15 m (49 ft.)
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(e)
Minimum Area of Campsite
200 m2 (2,153 ft.2)
(f)
Campgrounds and Recreational Vehicle Parks shall be subject to Site Plan
Control in accordance with the Planning Act.
10.3.2 RESIDENTIAL USE
In accordance with Sections 6.0 Residential (R1) zone and Section 7.0 Residential (R2)
zone.
10.4 SPECIAL PROVISIONS
75
SECTION 11.0 EXTRACTIVE INDUSTRIAL (EI) ZONE
11.1 PERMITTED USES
Extractive Use
Agricultural Use
Wayside Pit or Wayside Quarry
11.2 REGULATIONS
No buildings or structures used for the processing of natural materials from the earth or
for the processing of materials shall be located within 90 m of any dwelling on a separate
lot. No excavation shall be established or extended to within 15 m of a lot line, zone
boundary or street allowance or to within 30 m of a dwelling on a separate lot.
11.3 SPECIAL USE REGULATIONS
11.4 SPECIAL PROVISIONS
76
SECTION 12.0
INSTITUTIONAL (IN) ZONE
12.1 PERMITTED USES
Airport
Cemetery
Day nursery
Museum
Nursing home or rest home
Place of assembly
Place of worship
Public or private school
Private Club
12.2 REGULATIONS
(a)
Minimum Lot Area
2,000 m2 (49,420 ft.2)
(b)
Minimum Lot Frontage
30.0 m (98 ft.)
(c)
Minimum Front Yard Depth
6.0 m (20 ft.)
(d)
Minimum Exterior Side Yard Width
4.5 m (15 ft.)
(e)
Minimum Interior Side Yard Width
4.5 m (15 ft.)
(f)
Minimum Rear Yard Depth
6.0 m (20 ft.)
(g)
Maximum Lot Coverage
40%
(h)
Minimum Landscaped Open Space
25%
(i)
Maximum Height
10.0 m (39 ft.)
12.3 SPECIAL USE REGULATIONS
12.4 SPECIAL PROVISIONS
(a)
IN-1
(i)
Permitted Uses
a)
Waste transfer site
77
SECTION 13.0 OPEN SPACE (OS) ZONE
13.1 PERMITTED USES
Agricultural use
Community centres
Conservation lands
Conservation works
Golf courses
Golf courses, miniature
Golf driving ranges
Outdoor educational facility
Playgrounds
Private outdoor recreation clubs
Public swimming pools
Recreational buildings
Riding stables
Sports fields
Tennis courts
Wayside Pit or Wayside Quarry
13.2 REGULATIONS
(a)
Minimum Lot Area
500 m2 (5,382 ft.2)
(b)
Minimum Lot Frontage
15.0 m (49.0 ft.)
(c)
Minimum Front Yard Depth
6.0 m (20 ft.)
(d)
Minimum Exterior Side Yard Width
4.5 m (15 ft.)
(e)
Minimum Interior Side Yard Width
4.5 m (15 ft.)
(f)
Minimum Rear Yard Depth
6.0 m (20 ft.)
(g)
Maximum Lot Coverage
40%
(h)
Maximum Building Height
6.0 m (20.0 ft.)
13.3 SPECIAL USE REGULATIONS
13.4 SPECIAL PROVISIONS
(a)
OS-1 (revised by By-law 2019-40)
(i) Additional Permitted Use
Trap and skeet outdoor shooting range
(ii) Additional Zone Regulations
Minimum Lot Area
2.7 ha (6.7 ac)
Minimum Lot Frontage
70 m (230 ft.)
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(b)
OS-2
(i) Permitted Uses Limited to:
Conservation lands
Conservation works
Outdoor educational facilities
Playground
Uses and structures, but not buildings, accessory to residential use
located on a lot within 25 m of the lot zoned OS-2.
(c)
OS-3 (added by By-law 2019-40)
(i) Additional Permitted Uses
Public Park
(d)
Defined Area OS-4 as shown on Map 2, Schedule 'A' of this By-law.
(added by By-law 2025-20, ZBA 01-2025)
a) Permitted Uses
Conservation Uses, exclusive of buildings and structures
Passive Recreational Uses, exclusive of buildings and structures
b) All other provisions of this By-law pertaining to lands zoned Open Space (OS)
shall also pertain to lands zoned Open Space (OS-4).
79
SECTION 14.0 ENVIRONMENTAL PROTECTION (EP) ZONE
14.1 PERMITTED USES
Agriculture, exclusive of new buildings and structures.
Conservation Use
Passive recreational use
Existing public park
Existing campground
Outdoor education
14.2 REGULATIONS
The only buildings and structures permitted shall be existing buildings and structures.
14.3 SPECIAL USE REGULATIONS
14.4 SPECIAL PROVISIONS
(a)
EP-1
i) Additional Permitted Use
Single-detached Dwelling
(ii) Additional Regulations
In accordance with Section 7.0
(b)
EP-2
(i) Additional Permitted Use
Fishing lodge and accessory uses
80
SECTION 15.0 DEVELOPMENT RESERVE (DR) ZONE
15.1 PERMITTED USES
Agricultural use
Conservation use
Existing residential use
15.2 REGULATIONS
In accordance with Section 5.0
15.3 SPECIAL USE REGULATIONS
15.4 SPECIAL PROVISIONS
(a) DR-1
(i) Additional Permitted Uses
Marina
Restaurants
Retail stores
(ii) Additional Regulations
In accordance with Section 9.2
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27th DAY OF
November, 2012.
________________________
________________________
Mayor
Clerk
R1-10
OS-3
OS-1
R1-6 (2019)
R1-9
OS-4
C1-2
-6
A-8
A-7
A-5
-4
A-3
A-9
R1-6
R1-7
OS-2
OS-2
- MINIMUM DISTANCE SEPARATION
MINIMUM DISTANCE SEPARATION l CALCULATION FORM
Animals Type or Material
Maximum Nutrient
Factor 0
Slep
Manure Form
Number/NU
Housing
Factor A
& Description (Table 1)
(Solid or liquid)
(Table
1)
CanaelN
Units
(Table
1)
(Table
1)
1
2
Total Nutrient Unit Capacity on Lot
Total
3
factor A (Odour Potential)
Weight Average by NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by NU (round to 2 decimal places)
5
factor E (Encroaching Land Use - Table 4)
6
Potential Nutrient Units: Tillable Ha on Lot_x 7.5 ""_ (maximum 300)
7
Final NU: Greater of Total NU on Lot (2) and Potential NU (6)
(For
expansion of a settement area identifed in the Offcial Plan, ignore Potential NU).
8
Factor B (Nutrient Units Factor. Table 2)
(round to 2 decimal places)
9
F: Building Base Distance (m) "" Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8)
(round l!)
10
8: Manure Storage Base Distance (m) (Tables 5 & 6)
(round l!)
Required Setback from livestock occupied portion of livestock facilty"" F (9)
m
Actual:
m
Required Setback from manure or material storage area"" S (10)
m
Actual:
m
TYPE A LAND USES include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and Passive Recreation Uses
and/or Zones Permittng such Uses. For the purposes of MOB i a Dwellng or up to three new non-Agricultural Lots are also
Type A Land Uses. For the purposes of MOBil, Dwellings and residential Uses not recognized as residential areas in the
Town Official Plan, or Cemeteries located in an Agricultural Zone area also Type A Land Uses.
TYPE B LAND USES include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or Zones
Permitting such Uses. For the purposes of MDS i, Cemeteries, a Building with three or more Dwellng Units, expansion of a
settement area, more than three new non-Agricultural Lots, Zones for residential Use, or a consent that would result in four
contiguous residential Lots are also Type B Land Uses. For the purposes of MDS II, Cemeteries not in an Agricultural Zone
and areas specifically designated in the Town Official Plan as residential or settement areas are also Type B Land Uses.
129
MINIMUM DISTANCE SEPARATION!! CALCULATION FORM
Maximum
NU3
Added
Animals Type or Material
Manure
Numberl
Housing
Maximum Added
Form
Years
Final Factor A Factor D
Ste~
& Description
NU
Capaeity 3
Ago
Housing
NU
NU
(Table 1)
(Table 1)
(Table 1)
(Solid or
(Table 1)
Years Ago
Capacity
(1)
Liquid)
(1)
(1)
(1)
1
2
Total Nutrient Unit Capaeity on Lot
Totals
3
Faetor A (Odour Potential)
Weight Average by Added NU (round 10 2 decimal places)
4
Faetor D (Manure or Material Form)
Weight Average by Added NU (round to 2 decimal plaees)
5
Faetor B (Nutrient Units Factor - Table 2 - based on Total Final NU)
(round 10 2 decimal plaees)
6
Percentage Increase (%) = (Total Added NU I Total NU 3 Years Ago) x 100
7
Factor C (Orderly Expansion Faetor - Table 3)
(round to max 4 deeimal places)
8
F: Building Base Distanee (m) = Faclor A (3) x Factor D (4) x Faclor B (5) x Factor C (7)
(round Ji)
9
S: Manure Slorage Base Distanee (m) (Tables 5 & 6)
(round Ji)
(1) Any livesloek facilty capacily for whieh a building permil was issued less than 3 years prior to the currenl building permit
applieation submission date (and ineluding the current building permit applieation) is 10 be considered added eapacity. Added
Livestock Occupied Portion
Manure Storage
Base Distance F =
m
Base Distance S =
m
MDS II SUMMARY
Required
Actual
Required
Factor
Setback (m)
Setback
Setback (m)
Actual Setback
IF x Factor)
(m)
's' x Factor)
(m)
Type A Land Uses
1
Type B Land Uses
2
Interior Side or Rear Lot Line (max 30m)'
0.1
Exterior Side or Front Lot Line'
0.2
'Round to nearest whole number
130
TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facilty)
Manure or Material Form in Permanent
Animal Type
Number Factor
Storane
or Material
Description
per NU
A
Liquid Manure:
Solid Manure:
Factor 0 = 0.8
Factor 0 = 0.7
c:8% Dry Matter
18 ~ 100% Dry Malter
Swine
Sows with litter, dry sows/boars
3.33
Most systems have
Systems with solid
Senrenated Earlv Weaninn (SEW)
liquid manure
manure inside on
Sows with litter, dry sows or boars (non-
3.5
1.0
stored under the
deep bedded packs,
SEW)
barn slats for short
or with scraped
Breeder gilts (entire barn designed
5
or long periods, or
alleys
specifically for this purpose)
in storages located
Weaners (7 kg -27 kg)
20
1.1
outside
Feeders 127 -105 kr
6
1.2
Dairy Catte 1
Milkina-aae cows (drv or milkina~
Free-stall barns
Tie-stall barns with
Large-framed; 545 kg - 636 kg (e.g.
0.7
with minimal
lots of bedding, or
Holsteins)
bedding or sand
loose housing wilh
Medium-framed; 455 kg - 545 kg (e.g.
0.85
bedding, or tie-stall
deep bedded pack,
Guernsevs\
barns with minimal
and with or without
Small-framed; 364 kg - 455 kg (e.g.
1
bedding & milking
outside yard access
Jersevs)
centre washwater
Heifers 15 months to fresheninal
added
Large-framed; 182 kg - 545 kg (e.g.
2
Holsteins)
Medium-framed; 148 kg - 455 kg (e.g.
2.4
0.7
Guernseys)
Small-framed; 125 kg - 364 kg (e.g.
2.9
Jersevs)
Calves (0 -5 months)
Bedded pens or
Large-framed; 45 kg - 182 kg (e.g.
6
stalls or heavily
Holsteins)
bedded calf hutches
Medium-framed; 39 kg - 148 kg (e.g.
7
that are outside
Guernsevs)
Small-framed; 30 kg - 125 kg (e.g.
8.5
Jersevs)
Beef Cattle
Cows, including calves to weaning (all
1
0.7
N/A
Bedded pack barns
breeds)
with or without
Feeders (7 -16 months)
3
Slatted floor
outside yard access
Backgrounders (7 - 12.5 months)
3
systems, or barns
Shortkeepers (12.5 - 17.5 months)
0.8
with minimal
2
bedding & yard
scraped to a liquid
storage
Veal
Milk-fed
6
1.
Slatted floors or
Heavily bedded
Grain-fed
6
0.8
slatted stall svstem
pack barns
Goats
Does & bucks (for meat kids; Includes
8
N/A
Heavily bedded
unweaned offsorina & renlacements
pack barns
Does & bucks (for dairy; includes
8
0.7
unweaned offspring & replacements)
Kids Idairv or feeder kidS\
20
Sheep
Ewes & rams (for meat lambs; Includes
N/A
All sheep systems
unweaned offspring & replacements)
8
Ewes & rams (dairy operation; includes
0.7
unweaned offspring & replacements)
6
Lambs Idalrv or feeder lambs)
20
131
Animal Type
Manure or Material Form in Permanent
Storaae
or Material
Description
Number Factor
(Table 1,
per NU
A
Liquid Manure:
Solid Manure:
Factor D = 0.8
Factor 0 = 0.7
Page 2 of 3)
.c8% Dry MaUer
1 B . 100% Dry Matter
Horses
Large-framed, mature; ,. 681 kg
0.7
N/A
All horse systems
(including unweaned offspring)
Medium-framed, mature; 227 kg - 680
1
0.7
ka (including unweaned affsorina)
Small-framed, mature; '" 227 kg
2
lincludina unweaned Offsnrina)-
Chickens
Layer hens (for eating eggs; after
150
1.0
Birds in cages,
Birds in cages,
transfer from pullet barn)
manure belts, no
manure belts &
Layer pullets (day olds until transferred
500
0.7
drying of manure,
drying, or floor
Into layer barn)
water added
systems
Broiler breeder growers (males/ females
300
0.7
N/A
Bedded floors
transferred out to iaver barn)
Broiler breeder layers (males/females
100
0.7
N/A
Cage or slatted floor
transferred in from grower barn)
systems
Broilers on 8 week cycle
350
N/A
Bedded floor
Broilers on 9 week cycle
300
systems
Broilers on 10 week cycle
250
0.7
Broilers on 12 week cycle
200
Broilers on any other cycle, or if
24.8 m'
unknown use 24.8 m'/NU
Turkeys
Turkey pullets (day old until transferred
267
N/A
Bedded floor
to layer turkey barn)
system s
Turkey breeder layers (males/females
67
transferred in from grower barn)
Breeder toms
45
Broilers (day aids to 6.2 kg)
133
0.7
Hens (day aids up to 6.2 kg to 10.8 kg;
105
7.5 kg is typical)
Toms (day aids to over 10.8 to 20 kg;
75
14.5 ka is tvpical)
Turkeys at any other weights, or if
24.8 m'
" ".,,?4 R.n miNI
I
Quail
Use 24 8 m'/NU
24.8 m'
N/A
Bedded floor
Partridge
Use 24 R m'/NU
24.8 m'
systems
Pheasants
-, ,__ n. n m'/N11
24.8 m'
Sauab
-l 24 R m'/NU
24.8 m'
Rheas
Adults (includes replacements & market
13
0.7
birds)
Emus
Adults (includes replacements & market
12
birds)
Ostriches
Adults (includes replacemenls & market
4
birds)
Ducks
Peking
105
Wire mesh flooring
Bedded floor
Muscovy, use 24.8 m'/NU
24.8 m'
0.8
systems
systems
Geese
"M--O-
'INII
24.8 m'
Rabbits
Breeding females (including males,
40
N/A
Cage or floor
reolacements & market animals)
systems
Chinchilas
Breeding females (including males,
0.8
replacements & market animals)
320
Fox
Breeding females (including males,
25
reolacements & market animals)
Mink
Breeding females (including males,
1.0
renlacements & market animals)
90
132
Animal Type
Manure or Material Form in Permanent
Storane
or Material
Description
Number Factor
Liquid Manure:
(Table 1,
per NU
A
Solid Manure:
Factor D = 0.8
Factor D = 0.7
Page 3 of 3)
.:8% Dry MaUer
18 . 100% Dry MaUer
Bison
Adulls (includes unweaned calves &
1.3
N/A
Bedded pack barns
replacements)
with outside access
Feeders (170kg - 477kg)
4
OR outside
Llama
Adults (includes unweaned young &
5
confinement areas
replacements)
Feeders (45kg - 86kg)
16
Alpaca
Adults (includes unweaned young &
8
replacements)
Feeders (23kg - 48kg)
26
Wild Boar
Breeding age sows (includes boars,
replacements & weaned piglets to 27kg)
5
Finishina boars 127 k(86 ka)
7
Deer
White tailed deer
-Adults,. 24 mo (including unweaned
11
offsDrino
-Feeders
21
0.7
Red deer
-Adults,. 24 mo (including unweaned
7
offspring)
-Feeders
14
Elk
-Adults,. 24 mo (including unweaned
2
offspring)
-Feeders
6
Elk/deer hvbrids
-Adults,. 24 mo (including unweaned
4
offspring)
-Feeders
10
Fallow deer
-Adults,. 24 mo (including unweaned
13
offspring)
-Feeders
23
Other livestock
To determine the number per NU, add
453.6 kg
All storages with
All storages with
not listed in this
up the total maximum live weight of
(1000
0.8
liquid manure
solid manure
table
animals and divide by the weight of
animals Der NU in the next column
Ibs)
Manure
Maximum capacily of permanent
All storages with
All storages with
imported to a
storages at any time: solid or liquid
19.8 m3
liquid manure
solid manure
lot not
capacity
(700ft)
1.2
generating
manure2
Storages for
Maximum capacity of permanent
All storages with
All storages with
digestate from
storages at any time: solid or liquid
liquid manure
solid manure
an Anaerobic
capacity
19.8 m3
Digester
(700 ft3)
0.5
( odours
reduced during
this Drocess)
1. On farms with 100 milking-age cows ldry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value lor typicallypes of manures thai might be imported to a 101, such as poultry, dairy, beef, swine, horse or other manure.
NfA
Not Applicable
133
TABLE 2: Factor B (Nutrient Units Factor)
Final
Factor
NU
B
66
285
68
287
70
289
72
291
74
293
76
294
78
296
80
298
82
300
84
301
86
303
88
305
90
307
92
309
94
310
96
312
98
314
100
316
102
318
104
320
106
322
108
324
110
326
112
329
114
331
116
333
118
335
120
337
122
339
124
340
126
342
128
344
130
346
135
351
140
355
145
360
150
364
155
368
160
372
165
376
170
380
175
384
180
388
185
392
190
395
195
399
200
402
205
406
210
409
215
413
220
416
225
419
230
423
235
426
Final
Factor
NU
B
5 or
150
Less
6
153
7
157
8
160
9
163
10
167
11
170
12
173
13
177
14
180
15
183
16
187
17
190
18
193
19
197
20
200
21
202
22
204
23
206
24
208
25
210
26
212
27
214
28
216
29
218
30
220
31
222
32
224
33
226
34
228
35
230
36
232
37
234
38
236
39
238
40
240
41
242
42
244
43
246
44
248
45
250
46
252
47
254
48
256
49
258
50
260
52
264
54
268
56
272
58
276
60
280
62
282
64
284
Final
Factor
NU
B
240
429
245
432
250
435
260
441
270
447
280
453
290
458
300
464
310
469
320
474
330
480
340
485
350
490
360
494
370
499
380
504
390
508
400
513
410
517
420
522
430
526
440
530
450
535
460
539
470
543
480
547
490
551
500
555
520
562
540
570
560
577
580
584
600
591
620
598
640
605
660
611
680
618
700
624
750
639
800
654
850
668
900
681
950
694
1000
707
1100
731
1200
753
1300
775
1400
795
1500
815
2000
870
3000
980
4000
1090
5000
1200
,.5000 See Note.
TABLE 3: Factor C
(Orderly Expansion Factor)
% Increase
Factor C
in NU
O%or
0.5000
Decrease
1
0.5062
2
0.5124
3
0.5186
4
0.5248
5
0.5310
6
0.5372
7
0.5434
8
0.5496
9
0.5558
10
0.5620
11
0.5682
12
0.5744
13
0.5806
14
0.5868
15
0.5930
16
0.5992
17
0.6054
18
0.6116
19
0.6178
20
0.6240
21
0.6302
22
0.6364
23
0.6426
24
0.6488
25
0.6550
26
0.6612
27
0.6674
28
0.6736
29
0.698
30
0.6860
31
0.6922
32
0.6984
33
0.7046
34
0.7108
35
0.7170
36
0.7232
37
0.7294
38
0.7356
39
0.7418
40
0.7480
41
0.7542
42
0.7604
% Increase
Factor C
in NU
43
0.7666
44
0.7728
45
0.790
46
0.7852
47
0.7914
48
0.7976
49
0.8038
50
0.8100
55
0.8167
60
0.8230
65
0.8294
70
0.8357
75
0.8420
80
0.8484
85
0.8547
90
0.8610
95
0.8674
100
0.8737
105
0.8800
110
0.8864
115
0.8927
120
0.8990
125
0.9054
130
0.9117
135
0.9180
140
0.9244
145
0.9307
150
0.9371
160
0.9497
170
0.9624
180
0.9751
190
0.9877
200
1.0000
300
1.0280
400
1.0560
500
1.0840
600
1.1120
700% or
more or first
Livestock
1.1400
Facilty
on
Lot
Table 2 Nole: For capacities ::5000 NU: consult OMAFRA, Municipal
staff or, MDS Computer Program.
134
TABLE 4: Factor E (Encraochlng Land Use Factor)
Encroachinn Land Use
Factor E
Type A Land Use'
1.
Tvoe B Land Use'
2.2
.See Section 2, Definitions, in Zoning By-law.
TABLE 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digeslale: Less than 18% dry matter
Storage
Solid or
Inside or
Number
Description of permanent manure storages being sited
Outside
Odour
Liquid
Livestock
referred to by MDS II, or encroached upon through MDS I
Potential
System
Facilty
in Table 6 application
Inside
VI
Solid, inside, bedded pack (manure accumulates under
livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to
i orevent runoff
Solid, outside, no cover, greater than or equal 30% dry
Solid
V3
matter (manure is dry enough that a flowpath option can be
Outside
used for runoff control (Nutrient Mananement Act, 2002)
Solid, outside, no cover, 18% to less than 30% dry matter,
Very Low
V4
with covered liquid runoff storage (manure not dry enough to
soak up precipitation, so a liquid runoff storage needed but it
has a oermanent, tinht cover)
Inside
V5
Liquid, inside, underneath slatted floor (manure is stored
under the animals in lhe barn)
V6
Liquid, outside, with a permanent, tight fittng cover (negative
Liquid
oressure tarn, concrele lid, inflatable dome elc.)
Outside
Liquid, (digestate), outside, no cover (all manure has been
V7
treated through anaerobic digestion, or a similar process that
reduces odours)
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage (manure not dry enough
Solid
Outside
LI
to soak up precipitation, so a liquid low runoff storage
Low
needed, but it is uncovered, producing more odour than in
V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover (tarps, foam
oanels, etc.)
MI
Liquid, outside, no cover, straight-walled storage (usually
circular or rectanaular, concrete or steel sioranes)
Medium
Liquid
Outside
Liquid, outside, roof, but with open sides (roof keeps off
M2
precipitation, but the open sides allow wind to travel over the
manure and carrv odours)
Liquid, outside, no cover, sloped-sided storage (earthen
High
Liquid
Outside
HI
manure storages, but not earthen runoff storages associated
with a solid manure storage which are L I above)
135
Table 6: MDS 1/11 Separation Distances for Permanent Manure Storage
Building Base Distance
Storage Separation Distances Based on Relative Odour Potential -
Storage Base Distance, 'S' (m)
(m) for MDS II CF'), or
Very Low
Low
Medium
High
Encroachment Base
Distance for MDS I CF')
Odour Storages
Odour Storages
Odour Storages
Odour Storages
V1toV7
L1 to L2
M1 to M2
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Greater than 1000 m
Storage Base Distance, 'S', should be the same as Building Base Distance or
Encroachment Base Distance -'F'
136